[Congressional Record Volume 164, Number 29 (Wednesday, February 14, 2018)]
[Senate]
[Pages S970-S1129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  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

[[Page S971]]

     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

[[Page S972]]

     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.''.
                                 ______
                                 
  SA 1958. Mr. SCHUMER (for himself, Mr. Rounds, Mr. King, Ms. Collins, 
Mr. Manchin, Mr. Graham, Mr. Kaine, Mr. Flake, Mr. Coons, Mr. Gardner, 
Ms. Heitkamp, Ms. Murkowski, Mrs. Shaheen, Mr. Alexander, Ms. 
Klobuchar, Mr. Isakson, and Mr. Warner) proposed an amendment 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; as follows:


 =========================== NOTE =========================== 

  
  On page S972, February 14, 2018, in the second column, the 
following appears: . . . COBRA continuation coverage; as follows: 
(Purpose: In the nature of a substitute) In lieu of the matter 
proposed to be stricken, insert the following:
  
  The online Record has been corrected to read: . . . COBRA 
continuation coverage; as follows: In lieu of the matter proposed 
to be stricken, insert the following:


 ========================= END NOTE ========================= 

       In lieu of the matter proposed to be stricken, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Immigration Reform Act of 2018''.
       (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

   Subtitle A--Appropriations for U.S. Customs and Border Protection

Sec. 101. Operations and support.
Sec. 102. Procurement, construction, and improvements.
Sec. 103. Administrative provisions.

            Subtitle B--Improving Border Safety and Security

Sec. 111. Border access roads.
Sec. 112. Flexibility in employment authorities.
Sec. 113. Distress beacons.
Sec. 114. Southern border region emergency communications grants.
Sec. 115. Office of Professional Responsibility.

         Subtitle C--Body-Worn Cameras With Privacy Protections

Sec. 121. Short title.
Sec. 122. Pilot program on use of body-worn cameras.
Sec. 123. Development of policies with respect to body-worn cameras.
Sec. 124. Consultations; public comment.
Sec. 125. Implementation plan.
Sec. 126. Deployment.

                        Subtitle D--GAO Studies

Sec. 131. GAO study on the use of visa fees.
Sec. 132. GAO study on deaths in custody.
Sec. 133. GAO studies on migrant deaths.

         TITLE II--DREAM ACT AND PROVISIONAL PROTECTED PRESENCE

                         Subtitle A--Dream Act

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Permanent resident status on a conditional basis for certain 
              long-term residents who entered the United States as 
              children.
Sec. 204. Terms of permanent resident status on a conditional basis.
Sec. 205. Removal of conditional basis of permanent resident status.
Sec. 206. Documentation requirements.
Sec. 207. Rulemaking.
Sec. 208. Confidentiality of information.
Sec. 209. Restoration of State option to determine residency for 
              purposes of higher education benefits.

                        TITLE I--BORDER SECURITY

   Subtitle A--Appropriations for U.S. Customs and Border Protection

     SEC. 101. 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'', to remain 
     available until September 30, 2019, which shall be available 
     as follows:
       (1) $531,000,000 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 for retention, recruitment, and relocation 
     of Border Patrol Agents, Customs Officers, and Air and Marine 
     personnel.
       (3) $75,000,000 to hire 615 additional U.S. Customs and 
     Border Protection Officers for deployment to ports of entry.
       (4) $21,000,000 for data circuits and network bandwidth 
     surveillance and associated personnel.

     SEC. 102. 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'', to remain available until 
     September 30, 2022, which shall be available as follows:
       (1) $784,000,000 for 32 miles of border bollard fencing in 
     the Rio Grande Valley Sector, Texas.
       (2) $498,000,000 for 28 miles of a bollard levee fencing in 
     the Rio Grande Valley Sector, Texas.

[[Page S973]]

       (3) $251,000,000 for 14 miles of secondary fencing in the 
     San Diego Sector, California.
       (4) $444,000,000 for border security technologies, marine 
     vessels, aircraft unmanned aerial systems, facilities, and 
     equipment.
       (5) $38,239,000 to prepare the reports required under 
     subsections (b) and (c) of section 103.
       (6) $15,000,000 for chemical screening devices (as defined 
     in section 2 of the INTERDICT Act (Public Law 115-112)).

     SEC. 103. ADMINISTRATIVE PROVISIONS.

       (a) Limitation.--Amounts appropriated under paragraphs (1) 
     through (3) of section 102 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, 
     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 102--
       (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 102, 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, 
     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, and the 
     Committee on Appropriations of the House of Representatives.
       (e) Rescission.--Notwithstanding any other provision of 
     law, any amounts appropriated under paragraphs (1) through 
     (3) of section 102 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 subtitle may 
     be reprogrammed or transferred for any other activity within 
     the Department of Homeland Security.

            Subtitle B--Improving Border Safety and Security

     SEC. 111. BORDER ACCESS ROADS.

       (a) Construction.--
       (1) In general.--The Secretary of Homeland Security shall 
     construct roads along the Southern land border of the United 
     States to facilitate safe and swift access for U.S. Customs 
     and Border Protection personnel to access the border for 
     purposes of patrol and apprehension.
       (2) Types of roads.--The roads constructed under paragraph 
     (1) shall include--
       (A) access roads;
       (B) border roads;
       (C) patrol roads; and
       (D) Federal, State, local, and privately-owned roads.
       (b) Maintenance.--The Secretary of Homeland Security, in 
     partnership with local stakeholders, shall maintain roads 
     used for patrol and apprehension.
       (c) Policy Guidance.--The Secretary of Homeland Security 
     shall--
       (1) develop such policies and guidance for documenting 
     agreements with landowners relating to the construction of 
     roads under subsection (a) as the Secretary determines to be 
     necessary;
       (2) share the policies and guidance developed under 
     paragraph (1) with each Border Patrol Sector of U.S. Customs 
     and Border Protection;
       (3) document and communicate the process and criteria for 
     prioritizing funding for operational roads not owned by the 
     Federal Government; and
       (4) assess the feasibility of options for addressing the 
     maintenance of non-Federal public roads, including any data 
     needs relating to such maintenance.

     SEC. 112. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.

       (a) In General.--Chapter 97 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 9702. U.S. Customs and Border Protection employment 
       authorities

       ``(a) Definitions.--In this section--
       ``(1) the term `CBP employee' means an employee of U.S. 
     Customs and Border Protection;
       ``(2) the term `Commissioner' means the Commissioner of 
     U.S. Customs and Border Protection;
       ``(3) the term `Director' means the Director of the Office 
     of Personnel Management;
       ``(4) the term `rural or remote area' means an area within 
     the United States that is not within an area defined and 
     designated as an urbanized area by the Bureau of the Census 
     during the most recently completed decennial census; and
       ``(5) the term `Secretary' means the Secretary of Homeland 
     Security.
       ``(b) Demonstration of Recruitment and Retention 
     Difficulties in Rural or Remote Areas.--
       ``(1) In general.--For purposes of subsections (c) and (d), 
     the Secretary shall determine, for a rural or remote area, 
     whether there is--
       ``(A) a critical hiring need in the area; and
       ``(B) a direct relationship between--
       ``(i) the rural or remote nature of the area; and
       ``(ii) difficulty in the recruitment and retention of CBP 
     employees in the area.
       ``(2) Factors.--To inform the determination of a direct 
     relationship under paragraph (1)(B), the Secretary may 
     consider evidence--
       ``(A) that the Secretary--
       ``(i) is unable to efficiently and effectively recruit 
     individuals for positions as CBP employees, which may be 
     demonstrated with various types of evidence, including--

       ``(I) evidence that multiple positions have been 
     continuously vacant for significantly longer than the 
     national average period for which similar positions in U.S. 
     Customs and Border Protection are vacant; or
       ``(II) recruitment studies that demonstrate the inability 
     of the Secretary to efficiently and effectively recruit CBP 
     employees for positions in the area; or

       ``(ii) experiences a consistent inability to retain CBP 
     employees that negatively impacts agency operations at a 
     local or regional level; or
       ``(B) of any other inability, directly related to 
     recruitment or retention difficulties, that the Secretary 
     determines sufficient.
       ``(c) Direct Hire Authority; Recruitment and Relocation 
     Bonuses; Retention Bonuses.--
       ``(1) Direct hire authority.--
       ``(A) In general.--The Secretary may appoint, without 
     regard to any provision of sections 3309 through 3319, 
     candidates to positions in the competitive service as CBP 
     employees, in a rural or remote area, if the Secretary--
       ``(i) determines that--

       ``(I) there is a critical hiring need; and
       ``(II) there exists a severe shortage of qualified 
     candidates because of the direct relationship identified by 
     the Secretary under subsection (b)(1)(B) of this section 
     between--

       ``(aa) the rural or remote nature of the area; and
       ``(bb) difficulty in the recruitment and retention of CBP 
     employees in the area; and
       ``(ii) has given public notice for the positions.
       ``(B) Prioritization of hiring veterans.--If the Secretary 
     uses the direct hiring authority under subparagraph (A), the 
     Secretary shall apply the principles of preference for the 
     hiring of veterans established under subchapter I of chapter 
     33.
       ``(2) Recruitment and relocation bonuses.--The Secretary 
     may pay a bonus to an individual (other than an individual 
     described in subsection (a)(2) of section 5753) if--
       ``(A) the Secretary determines that--
       ``(i) conditions consistent with the conditions described 
     in paragraphs (1) and (2) of subsection (b) of such section 
     5753 are satisfied with respect to the individual (without 
     regard to any other provision of that section); and
       ``(ii) the position to which the individual is appointed or 
     to which the individual moves or must relocate--

       ``(I) is a position as a CBP employee; and
       ``(II) is in a rural or remote area for which the Secretary 
     has identified a direct relationship under subsection 
     (b)(1)(B) of this section between--

       ``(aa) the rural or remote nature of the area; and
       ``(bb) difficulty in the recruitment and retention of CBP 
     employees in the area; and
       ``(B) the individual enters into a written service 
     agreement with the Secretary--

[[Page S974]]

       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(3) Retention bonuses.--The Secretary may pay a retention 
     bonus to a CBP employee (other than an individual described 
     in subsection (a)(2) of section 5754) if--
       ``(A) the Secretary determines that--
       ``(i) a condition consistent with the condition described 
     in subsection (b)(1) of such section 5754 is satisfied with 
     respect to the CBP employee (without regard to any other 
     provision of that section);
       ``(ii) the CBP employee is employed in a rural or remote 
     area for which the Secretary has identified a direct 
     relationship under subsection (b)(1)(B) of this section 
     between--

       ``(I) the rural or remote nature of the area; and
       ``(II) difficulty in the recruitment and retention of CBP 
     employees in the area; and

       ``(iii) in the absence of a retention bonus, the CBP 
     employee would be likely to leave--

       ``(I) the Federal service; or
       ``(II) for a different position in the Federal service, 
     including a position in another agency or component of the 
     Department of Homeland Security; and

       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(4) Rules for bonuses.--
       ``(A) Maximum bonus.--A bonus paid to an employee under--
       ``(i) paragraph (2) may not exceed 100 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period; and
       ``(ii) paragraph (3) may not exceed 50 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period.
       ``(B) Relation to basic pay.--A bonus paid to an employee 
     under paragraph (2) or (3) shall not be considered part of 
     the basic pay of the employee for any purpose.
       ``(5) OPM oversight.--The Director shall, to the extent 
     practicable--
       ``(A) set aside a determination of the Secretary under this 
     subsection if the Director finds substantial evidence that 
     the Secretary abused the discretion of the Secretary in 
     making the determination; and
       ``(B) oversee the compliance of the Secretary with this 
     subsection.
       ``(d) Special Pay Authority.--In addition to the 
     circumstances described in subsection (b) of section 5305, 
     the Director may establish special rates of pay in accordance 
     with that section if the Director finds that the recruitment 
     or retention efforts of the Secretary with respect to 
     positions for CBP employees in 1 or more areas or locations 
     are, or are likely to become, significantly handicapped 
     because the positions are located in a rural or remote area 
     for which the Secretary has identified a direct relationship 
     under subsection (b)(1)(B) of this section between--
       ``(1) the rural or remote nature of the area; and
       ``(2) difficulty in the recruitment and retention of CBP 
     employees in the area.
       ``(e) Regular CBP Review.--
       ``(1) Ensuring flexibilities meet cbp needs.--Each year, 
     the Secretary shall review the use of hiring flexibilities 
     under subsections (c) and (d) to fill positions at a location 
     in a rural or remote area to determine--
       ``(A) the impact of the use of those flexibilities on 
     solving hiring and retention challenges at the location;
       ``(B) whether hiring and retention challenges still exist 
     at the location; and
       ``(C) whether the Secretary needs to continue to use those 
     flexibilities at the location.
       ``(2) Consideration.--In conducting the review under 
     paragraph (1), the Secretary shall consider--
       ``(A) whether any CBP employee accepted an employment 
     incentive under subsection (c) or (d) and then transferred to 
     a new location or left U.S. Customs and Border Protection; 
     and
       ``(B) the length of time that each employee identified 
     under subparagraph (A) stayed at the original location before 
     transferring to a new location or leaving U.S. Customs and 
     Border Protection.
       ``(3) Distribution.--The Secretary shall submit to Congress 
     a report on each review required under paragraph (1).
       ``(f) Improving CBP Hiring and Retention.--
       ``(1) Education of cbp hiring officials.--Not later than 
     180 days after the date of the enactment of the Immigration 
     Reform Act of 2018, and in conjunction with the Chief Human 
     Capital Officer of the Department of Homeland Security, the 
     Secretary shall develop and implement a strategy to improve 
     education regarding hiring and human resources flexibilities 
     (including hiring and human resources flexibilities for 
     locations in rural or remote areas) for all employees, 
     serving in agency headquarters or field offices, who are 
     involved in the recruitment, hiring, assessment, or selection 
     of candidates for locations in a rural or remote area, as 
     well as the retention of current employees.
       ``(2) Elements.--Elements of the strategy under paragraph 
     (1) shall include the following:
       ``(A) Developing or updating training and educational 
     materials on hiring and human resources flexibilities for 
     employees who are involved in the recruitment, hiring, 
     assessment, or selection of candidates, as well as the 
     retention of current employees.
       ``(B) Regular training sessions for personnel who are 
     critical to filling open positions in rural or remote areas.
       ``(C) The development of pilot programs or other programs, 
     as appropriate, to address identified hiring challenges in 
     rural or remote areas.
       ``(D) Developing and enhancing strategic recruiting efforts 
     through relationships with institutions of higher education, 
     as defined in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002), veterans transition and employment centers, 
     and job placement program in regions that could assist in 
     filling positions in rural or remote areas.
       ``(E) Examination of existing agency programs on how to 
     most effectively aid spouses and families of individuals who 
     are candidates or new hires in a rural or remote area.
       ``(F) Feedback from individuals who are candidates or new 
     hires at locations in a rural or remote area, including 
     feedback on the quality of life in rural or remote areas for 
     new hires and their families.
       ``(G) Feedback from CBP employees, other than new hires, 
     who are stationed at locations in a rural or remote area, 
     including feedback on the quality of life in rural or remote 
     areas for those CBP employees and their families.
       ``(H) Evaluation of Department of Homeland Security 
     internship programs and the usefulness of those programs in 
     improving hiring by the Secretary in rural or remote areas.
       ``(3) Evaluation.--
       ``(A) In general.--Each year, the Secretary shall --
       ``(i) evaluate the extent to which the strategy developed 
     and implemented under paragraph (1) has improved the hiring 
     and retention ability of the Secretary; and
       ``(ii) make any appropriate updates to the strategy under 
     paragraph (1).
       ``(B) Information.--The evaluation conducted under 
     subparagraph (A) shall include--
       ``(i) any reduction in the time taken by the Secretary to 
     fill mission-critical positions in rural or remote areas;
       ``(ii) a general assessment of the impact of the strategy 
     implemented under paragraph (1) on hiring challenges in rural 
     or remote areas; and
       ``(iii) other information the Secretary determines 
     relevant.
       ``(g) Inspector General Review.--Not later than 2 years 
     after the date of the enactment of the Immigration Reform Act 
     of 2018, the Inspector General of the Department of Homeland 
     Security shall review the use of hiring flexibilities by the 
     Secretary under subsections (c) and (d) to determine whether 
     the use of those flexibilities is helping the Secretary meet 
     hiring and retention needs in rural and remote areas.
       ``(h) Exercise of Authority.--
       ``(1) Sole discretion.--The exercise of authority under 
     subsection (c) shall be subject to the sole and exclusive 
     discretion of the Secretary (or the Commissioner, as 
     applicable under paragraph (2) of this subsection), 
     notwithstanding chapter 71.
       ``(2) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may delegate any authority under this section to 
     the Commissioner.
       ``(B) Oversight.--The Commissioner may not make a 
     determination under subsection (b)(1) unless the Secretary 
     approves the determination.
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to exempt the Secretary or the Director from the 
     applicability of the merit system principles under section 
     2301.
       ``(j) Sunset.--The authorities under subsections (c) and 
     (d) shall terminate on the date that is 5 years after the 
     date of the enactment of the Immigration Reform Act of 
     2018.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 5, United States Code, is 
     amended by adding at the end the following:

``9702. U.S. Customs and Border Protection employment authorities.''.

     SEC. 113. DISTRESS BEACONS.

       (1) In general.--The Commissioner of U.S. Customs and 
     Border Protection, working through U.S. Border Patrol, 
     shall--
       (A) identify areas near the international border between 
     the United States and Canada or the international border 
     between the

[[Page S975]]

     United States and Mexico where migrant deaths are occurring 
     due to climatic and environmental conditions; and
       (B) deploy up to 1,000 beacon stations in the areas 
     identified pursuant to subparagraph (A).
       (2) Features.--Beacon stations deployed pursuant to 
     paragraph (1) should--
       (A) include a self-powering mechanism, such as a solar-
     powered radio button, to signal U.S. Border Patrol personnel 
     or other emergency response personnel that a person at that 
     location is in distress;
       (B) include a self-powering cellular phone relay limited to 
     911 calls to allow persons in distress in the area who are 
     unable to get to the beacon station to signal their location 
     and access emergency personnel; and
       (C) be movable to allow U.S. Border Patrol to relocate them 
     as needed--
       (i) to mitigate migrant deaths;
       (ii) to facilitate access to emergency personnel; and
       (iii) to address any use of the beacons for diversion by 
     criminals.

     SEC. 114. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS 
                   GRANTS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the governors of the States located on the 
     international border between the United States and Mexico, 
     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 demonstrates 
     that he or she--
       (1) regularly resides or works in a State that shares a 
     land border with Mexico; 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.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.

     SEC. 115. OFFICE OF PROFESSIONAL RESPONSIBILITY.

       Not later than September 30, 2021, the Commissioner of U.S. 
     Customs and Border Protection shall hire, train, and assign 
     sufficient special agents at the Office of Professional 
     Responsibility to maintain an active duty presence of not 
     fewer than 550 full-time equivalent special agents.

         Subtitle C--Body-Worn Cameras With Privacy Protections

     SEC. 121. SHORT TITLE.

       This subtitle may be cited as the ``CBP Body-Worn Camera 
     Act of 2018''.

     SEC. 122. PILOT PROGRAM ON USE OF BODY-WORN CAMERAS.

       (a) In General.--The Secretary of Homeland Security, 
     through the Commissioner of U.S. Customs and Border 
     Protection, shall establish a pilot program to test and 
     evaluate the use of body-worn cameras by officers and agents 
     of U.S. Customs and Border Protection.
       (b) Requirements for Pilot Program at U.S. Customs and 
     Border Protection.--
       (1) Duration.--The pilot program required under subsection 
     (a)--
       (A) shall be implemented not later than 60 days after the 
     date of the enactment of this Act; and
       (B) shall terminate on the date that is 11 months after 
     such date of enactment.
       (2) Deployment.--In carrying out the pilot program under 
     this section, the Secretary shall ensure that--
       (A) not fewer than 500 body-worn cameras are deployed to 
     officers and agents of U.S. Customs and Border Protection;
       (B) not fewer than \1/2\ of such cameras are deployed to 
     agents of U.S. Border Patrol; and
       (C) not fewer than \1/2\ of such cameras are deployed along 
     the international border between the United States and 
     Mexico.
       (c) Report.--Not later than 60 days after the pilot program 
     is terminated pursuant to subsection (b)(1)(B), the Secretary 
     shall submit a report to Congress that includes--
       (1) a detailed description of incidences of the use of 
     force recorded using body-worn cameras under the pilot 
     program, disaggregated by the race, ethnicity, gender, and 
     age of the individuals involved;
       (2) a detailed description of incidences of the use of 
     force in which a body-worn camera was not used, disaggregated 
     by the race, ethnicity, gender, and age of the individuals 
     involved;
       (3) the number of complaints filed against officers or 
     agents relating to the use of body-worn cameras under the 
     pilot program;
       (4) the number of complaints filed related to an incident 
     in which a body-worn camera was worn by an officer or agent, 
     but in which the body-worn camera was not activated;
       (5) the disposition of complaints described in paragraphs 
     (3) and (4);
       (6) an assessment of the effect of the use of body-worn 
     cameras under the pilot program on the accountability and 
     transparency of the use of force, including an assessment 
     of--
       (A) the efficacy of body-worn cameras in deterring the use 
     of excessive force by officers and agents; and
       (B) the effect of the use of body-worn cameras on responses 
     to and adjudications of complaints;
       (7) an assessment of the effect of the use of body-worn 
     cameras under the pilot program on the safety of officers and 
     agents;
       (8) an assessment of the effect of the use of body-worn 
     cameras under the pilot program on public safety;
       (9) an assessment of the effect of the use of body-worn 
     cameras under the pilot program on the collection of evidence 
     for criminal investigations and civil immigration 
     enforcement, including the number of cases in which data from 
     a body-worn camera was used as evidence;
       (10) an assessment of the effect of body-worn cameras on 
     the personal privacy of members of the public and officers 
     and agents of U.S. Customs and Border Protection, and whether 
     the use of pinpoint redaction technology may have assisted in 
     protecting personal privacy;
       (11) a description of issues that arose under the pilot 
     program relating to the secure storage and handling of 
     recordings from body-worn cameras;
       (12) a description of issues that arose under the pilot 
     program relating to the access of the public to recordings 
     from body-worn cameras, including--
       (A) issues that arose in situations in which the use of 
     force by an officer or agent was involved; and
       (B) an accounting of any body-worn camera footage released 
     to the public;
       (13) best practices for the development of protocols for 
     the safe and effective use of body-worn cameras;
       (14) a description of issues that arose under the pilot 
     program relating to violations of policies developed under 
     section 123, including--
       (A) the number of violations detected, disaggregated by the 
     type of violation; and
       (B) the number of internal affairs cases opened and the 
     disposition of such cases;
       (15) the total number of hours body-worn cameras were 
     activated under the pilot program, disaggregated by region;
       (16) an accounting of who accessed any body-worn camera 
     recordings, disaggregated by classified position title and 
     region;
       (17) an accounting and description of the total number of 
     instances an activity that was required to be recorded by a 
     body-worn camera was not recorded as described in section 
     123(b)(1)(E); and
       (18) any other matters relating to the pilot program that 
     the Secretary considers appropriate.

     SEC. 123. DEVELOPMENT OF POLICIES WITH RESPECT TO BODY-WORN 
                   CAMERAS.

       (a) In General.--The Secretary of Homeland Security shall 
     develop draft policies with respect to the use of body-worn 
     cameras by officers and agents of U.S. Customs and Border 
     Protection.
       (b) Elements.--The draft policies developed under 
     subsection (a) shall--
       (1) with respect to when a body-worn camera is activated or 
     deactivated in the course of duty--
       (A) specify under what circumstances a body-worn camera is 
     required to be activated, including that such cameras shall 
     be activated, at a minimum, at the inception of any calls for 
     service or law enforcement encounters, including vehicle 
     stops, pedestrian stops, foot pursuits, witness and victim 
     interviews, in-custody transports, and uses of force, except 
     that when an immediate threat to an officer's or agent's life 
     or safety makes activating the camera impossible or 
     dangerous, the officer or agent shall activate the camera at 
     the first reasonable opportunity to do so;
       (B) include policies with respect to the use of body-worn 
     cameras in use of force incidents, such as a shooting 
     involving an officer or agent, or in critical incidents, 
     including such an incident that results in an in-custody 
     death;
       (C) specify at what point a body-worn camera is required to 
     be deactivated, which may be no earlier than when an 
     encounter described in subparagraph (A) has fully concluded;
       (D) ensure that an officer or agent does not have the 
     ability to edit or delete a recording taken by a body-worn 
     camera; and
       (E) specify that an officer or agent who is wearing a body-
     worn camera shall provide an explanation if an activity that 
     is required to be recorded by a body-worn camera is not 
     recorded;
       (2) with respect to the storage and maintenance of 
     recordings from body-worn cameras--
       (A) define the minimum and maximum lengths of time for 
     which such recordings shall be retained;
       (B) provide for the secure storage, handling, and 
     destruction of recordings from body-worn cameras;
       (C) prevent and address issues relating to tampering with, 
     or deleting or copying, such recordings; and
       (D) establish a system to store recordings collected by 
     body-worn cameras in a manner that--
       (i) requires the logging of all viewing, modification, and 
     deletion of such recordings; and
       (ii) prevents, to the greatest extent practicable, 
     unauthorized access to and unauthorized disclosure of such 
     recordings;
       (3) with respect to privacy protections--
       (A) provide for necessary privacy protections for officers 
     and agents wearing body-worn cameras and members of the 
     public with whom such officers and agents interact, including 
     the use of pinpoint redaction technology to protect personal 
     privacy in a manner that does not interfere with the ability

[[Page S976]]

     to fully and accurately ascertain the events that transpired;
       (B) require the consent of victims of and witnesses to a 
     crime before recording interviews relating to the crime may 
     be recorded;
       (C) require that an officer or agent who is wearing a body-
     worn camera notify an individual that is the subject of a 
     recording that the individual is being recorded as close to 
     the inception of the encounter as reasonably possible;
       (D) require that, before entering a residence without a 
     warrant or in nonexigent circumstances, an officer or agent 
     obtain consent from the occupant of the residence to continue 
     the use of a body-worn camera; and
       (E) ensure that recordings unrelated to law enforcement 
     purposes are minimized to the greatest extent practicable;
       (4) with respect to access to recordings from body-worn 
     cameras--
       (A) ensure that any officer or agent wearing a body-worn 
     camera is prohibited from accessing a recording on the camera 
     without an authorized purpose;
       (B) clearly describe the circumstances in which officers 
     and agents and their supervisors may view recordings from 
     body-worn cameras;
       (C) permit supervisors to view recordings from body-worn 
     cameras only for training purposes (and not for use in any 
     disciplinary action against an agent or officer) or when 
     there is a complaint filed against an agent or officer or a 
     use of force incident; and
       (D) establish--
       (i) under what circumstances a recording from a body-worn 
     camera will be released to the subject of the recording or to 
     another law enforcement or intelligence agency or to the 
     public; and
       (ii) protocols for such release;
       (5) establish under what circumstances recordings from 
     body-worn cameras will be used to investigate potential 
     misconduct of officers or agents or for other law enforcement 
     purposes;
       (6) establish disciplinary procedures for violations of 
     body-worn camera policies by agency personnel, including 
     agents, officers and supervisors; and
       (7) ensure that training--
       (A) is required and provided to all officers and agents who 
     use body-worn cameras and any personnel involved in the 
     management, storage, or use of body-worn camera data; and
       (B) is provided before the use of any body-worn camera by 
     such an officer or agent or the involvement of such agency 
     personnel in the direct management, storage, or use of body-
     worn camera data.

     SEC. 124. CONSULTATIONS; PUBLIC COMMENT.

       In developing the pilot program under section 122 and the 
     draft policies required under section 123, the Secretary of 
     Homeland Security shall--
       (1) consult with--
       (A) the Officer for Civil Rights and Civil Liberties of the 
     Department of Homeland Security;
       (B) the Chief Privacy Officer of the Department of Homeland 
     Security;
       (C) the Director of the Office of Privacy and Civil 
     Liberties of the Department of Justice; and
       (D) any labor organizations representing employees of the 
     Department of Homeland Security who are involved with the use 
     of body-worn cameras;
       (2) provide an opportunity for public comment; and
       (3) compile a report, which shall be posted on a publicly 
     available website of the Department of Homeland Security, 
     that--
       (A) summarizes the comments received pursuant to paragraph 
     (2); and
       (B) describes the final policies adopted under section 123 
     and the rationale for each such policy.

     SEC. 125. IMPLEMENTATION PLAN.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit a plan to Congress for the permanent 
     implementation of the use of body-worn cameras by officers 
     and agents of U.S. Customs and Border Protection.
       (b) Elements.--The plan required under subsection (a) shall 
     include--
       (1) a detailed description of the draft policies developed 
     under section 123;
       (2) an identification of--
       (A) the number of body-worn cameras to be purchased and 
     deployed;
       (B) operational requirements for body-worn cameras, 
     including systems and support staff;
       (C) the locations where body-worn cameras will be used;
       (D) costs associated with the use of body-worn cameras; and
       (E) a description of the cost-benefit analysis used to 
     determine the number, placement, and location of body-worn 
     cameras specified in the plan.

     SEC. 126. DEPLOYMENT.

       Not later than 6 months after the date on which the 
     implementation plan is submitted under section 125, the 
     Secretary of Homeland Security shall ensure the agency-wide 
     deployment of body-worn cameras for U.S. Customs and Border 
     Protection personnel at the Office of Field Operations, U.S. 
     Border Patrol, and the Office of Air and Marine whose job 
     duties involve or may reasonably be expected to involve law-
     enforcement contacts with the public.

                        Subtitle D--GAO Studies

     SEC. 131. GAO STUDY ON THE USE OF VISA FEES.

       Not later than 6 months after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to the Committee on the Judiciary of the 
     Senate, the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on Appropriations of the 
     Senate, the Committee on the Judiciary of the House of 
     Representatives, the Committee on Homeland Security of the 
     House of Representatives, and the Committee on Appropriations 
     of the House of Representatives that--
       (1) describes the impact of authorizing--
       (A) surcharges on immigration-related fees, including visa 
     application and border crossing fees, to be dedicated to 
     border security; and
       (B) the use of currently collected fees for border 
     security; and
       (2) addresses the potential impact on U.S. Citizenship and 
     Immigration Services operations of imposing surcharges on 
     immigration-related fees, including the potential impact on 
     processing times and backlogs.

     SEC. 132. GAO STUDY ON DEATHS IN CUSTODY.

       Not later than 6 months after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to the Committee on the Judiciary of the 
     Senate, the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary of the 
     House of Representatives, and the Committee on Homeland 
     Security of the House of Representatives on the deaths of 
     detainees who were in the custody of the Department of 
     Homeland Security, including, with respect to such deaths--
       (1) whether any such deaths could have been prevented by 
     the delivery of medical treatment administered while the 
     detainee was in such custody;
       (2) whether the practices and procedures of the Department 
     of Homeland Security were properly followed and obeyed;
       (3) whether such practices and procedures are sufficient to 
     protect the health and safety of such detainees; and
       (4) whether such deaths were reported through the Deaths in 
     Custody Reporting Program.

     SEC. 133. GAO STUDIES ON MIGRANT DEATHS.

       Not later than 120 days after the date of the enactment of 
     this Act, and annually thereafter, the Comptroller General of 
     the United States shall submit a report to the Committee on 
     the Judiciary of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on the Judiciary of the House of Representatives, 
     and the Committee on Homeland Security of the House of 
     Representatives that includes--
       (1) the total number of migrant deaths along the 
     international border between the United States and Mexico 
     during the most recent 5-year period;
       (2) the total number of unidentified deceased migrants 
     found along such border during such period;
       (3) the level of cooperation between U.S. Customs and 
     Border Protection, local and State law enforcement, foreign 
     diplomatic and consular posts, nongovernmental organizations, 
     and family members to accurately identify deceased 
     individuals;
       (4) the use of DNA testing and sharing of such data between 
     U.S. Customs and Border Protection, State and local law 
     enforcement, foreign diplomatic and consular posts, and 
     nongovernmental organizations to accurately identify deceased 
     individuals;
       (5) the comparison of DNA data with information on Federal, 
     State, and local missing person registries; and
       (6) the procedures and processes used by U.S. Customs and 
     Border Protection for notifying relevant authorities or 
     family members after missing persons are identified through 
     DNA testing.

         TITLE II--DREAM ACT AND PROVISIONAL PROTECTED PRESENCE

                         Subtitle A--Dream Act

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Dream Act of 2018''.

     SEC. 202. 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 the term in the 
     immigration laws.
       (2) Applicable federal tax liability.--The term 
     ``applicable Federal tax liability'' means liability for 
     Federal taxes imposed under the Internal Revenue Code of 
     1986, including any penalties and interest on taxes imposed 
     under the Internal Revenue Code of 1986.
       (3) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by President Obama on June 15, 
     2012.
       (4) Disability.--The term ``disability'' has the meaning 
     given the term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (5) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (6) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given the terms

[[Page S977]]

     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801).
       (7) 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.
       (8) Immigration laws.--The term ``immigration laws'' has 
     the meaning given the term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (9) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given the 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.
       (10) Misdemeanor.--
       (A) In general.--The term ``misdemeanor'' means a Federal, 
     State, or local criminal offense (excluding a State or local 
     offense for which an essential element is the alien's 
     immigration status, a significant misdemeanor, and a minor 
     traffic offense) for which--
       (i) the maximum term of imprisonment is greater than 5 days 
     and not greater than 1 year; and
       (ii) the individual was sentenced to time in custody of 90 
     days or less.
       (11) 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.
       (12) Poverty line.--The term ``poverty line'' has the 
     meaning given the term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (13) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (14) 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) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1227(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.
       (15) 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. 203. 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, an alien who obtains the status of an 
     alien lawfully admitted for permanent residence under this 
     section shall be considered to have obtained that status on a 
     conditional basis as of the date on which the alien obtained 
     the status, subject to 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, 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 June 15, 2012;
       (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) has not been convicted of--

       (I) a felony;
       (II) a significant misdemeanor; or
       (III) 3 or more misdemeanors--

       (aa) not occurring on the same date; and
       (bb) not arising out of the same act, omission, or scheme 
     of misconduct;
       (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;
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

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

       (iv)(I) has served, is serving, or has enlisted in the 
     Armed Forces; and
       (II) in the case of an alien who has been discharged from 
     the Armed Forces, has received an honorable discharge; and
       (E)(i) the alien has paid any applicable Federal tax 
     liability incurred by the alien during the entire period for 
     which the alien was a DACA recipient; or
       (ii) the alien has entered into an agreement to pay any 
     applicable Federal tax liability incurred by the alien during 
     the entire period for which the alien was a DACA recipient 
     through a payment installment plan approved by the 
     Commissioner of Internal Revenue.
       (2) Waiver.--
       (A) In general.--With respect to any benefit under this 
     subtitle, the Secretary may, on a case-by-case basis, waive 
     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))--
       (i) for humanitarian purposes; or
       (ii) if the waiver is otherwise in the public interest.
       (B) Quarterly reports.--Not later than 180 days after the 
     date of enactment of this Act, and quarterly thereafter, the 
     Secretary shall submit to Congress a report that includes, 
     for the preceding quarter--
       (i) the number of requests submitted by aliens for a waiver 
     under subparagraph (A);
       (ii) the number of waivers granted under that subparagraph; 
     and
       (iii) the number of requests for a waiver under that 
     subparagraph denied by the Secretary.
       (3) Treatment of expunged convictions.--
       (A) In general.--An expunged conviction shall not 
     automatically be treated as a conviction referred to in 
     paragraph (1)(C)(iii).
       (B) Case-by-case evaluation.--The Secretary shall evaluate 
     an expunged conviction on a case-by-case basis according to 
     the nature and severity of the offense underlying the 
     expunged conviction, based on the record of conviction, to 
     determine whether, under the particular circumstances, the 
     alien is eligible for cancellation of removal, adjustment to 
     permanent resident status on a conditional basis, or other 
     adjustment of status.
       (4) DACA recipients.--With respect to an alien granted 
     DACA, the Secretary shall cancel the removal of the alien and 
     adjust the status of the alien to the status of an alien 
     lawfully admitted for permanent residence on a conditional 
     basis unless, since the date on which the alien was granted 
     DACA, the alien has engaged in conduct that would render an 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     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) only if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 1-year 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 1-year 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 1-year 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 1-year 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.--
       (A) In general.--The Secretary may not grant an alien 
     permanent resident status on a conditional basis unless the 
     alien submits biometric and biographic data, in accordance 
     with procedures established by the Secretary.
       (B) Alternative procedure.--The Secretary shall provide an 
     alternative procedure for any alien who is unable to provide 
     the biometric or biographic data referred to in subparagraph 
     (A) due to a physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     use biometric, biographic, and other data that the Secretary 
     determines to be appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis; and

[[Page S978]]

       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for permanent resident status on a 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 grants 
     the alien permanent resident status on a conditional basis.
       (C) Criminal records requests.--With respect to an alien 
     seeking permanent resident status on a conditional basis, the 
     Secretary, in cooperation with the Secretary of State, shall 
     seek to obtain from INTERPOL, EUROPOL, or any other 
     international or national law enforcement agency of the 
     country of nationality, country of citizenship, or country of 
     last habitual residence of the alien, information about any 
     criminal activity--
       (i) in which the alien engaged in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien; or
       (ii) for which the alien was convicted in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis 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 under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis 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 that 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 shall not terminate on the date on which 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 greater than 90 days or for any 
     periods, in the aggregate, greater than 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 control of the alien, 
     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.--With respect to an alien 
     who is in removal proceedings, the subject of a final removal 
     order, or the subject of a voluntary departure order, the 
     Attorney General shall provide the alien with a reasonable 
     opportunity to apply for relief under this section.
       (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 the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of that subsection;
       (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 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.

     SEC. 204. 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 that 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 paragraph (1)(C) of section 203(b), 
     subject to paragraphs (2) and (3) of that section; and
       (2) prior to the termination, provides the alien--
       (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), the 
     immigration status of 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 permanent resident status on a conditional basis is 
     denied shall return to the immigration status of the alien on 
     the day before the date on which the alien received permanent 
     resident status on a conditional basis or applied 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 permanent resident 
     status on a conditional basis 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 permanent resident status on a conditional 
     basis, as appropriate, may not return to 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 temporary protected 
     status.
       (e) Ineligibility for Public Benefits.--An alien who has 
     been granted permanent resident status on a conditional basis 
     shall not be eligible for any Federal means-tested public 
     benefit (within the meaning of section 403 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613)) until the date on which the conditional 
     permanent resident status of the alien is removed.

     SEC. 205. 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 the permanent resident 
     status of an alien granted under this subtitle and grant the 
     alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (A) is described in paragraph (1)(C) of section 203(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the residence of the alien in the 
     United States;
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       (ii)(I) has served in the Uniformed Services for at least 2 
     years; or
       (II) in the case of an alien who has been discharged from 
     the Uniformed Services, has received an honorable discharge; 
     or
       (iii) has been employed for periods totaling at least 3 
     years and at least 75 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 203(b)(1)(D)(iii), shall not count 
     toward the time requirements under this clause; and
       (D)(i) has paid any applicable Federal tax liability 
     incurred by the alien during the entire period for which the 
     alien was in permanent resident status on a conditional 
     basis; or
       (ii) has entered into an agreement to pay the applicable 
     Federal tax liability incurred by the alien during the entire 
     period for which the alien was in permanent resident status 
     on a conditional basis through a payment installment plan 
     approved by the Commissioner of Internal Revenue.
       (2) Hardship exception.--
       (A) In general.--The Secretary shall remove the conditional 
     basis of the permanent resident status of an alien and grant 
     the alien status as an alien lawfully admitted for permanent 
     residence if the alien--

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       (i) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to satisfy the requirements under subparagraph (C) 
     of such paragraph; and
       (iii) 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 the permanent resident status 
     granted to an alien 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 section 
     312(a) of the Immigration and Nationality Act (8 U.S.C. 
     1423(a)) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require an alien 
     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) only if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 1-year 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 1-year 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 1-year 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 1-year 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.--
       (A) In general.--The Secretary may not remove the 
     conditional basis of the permanent resident status of an 
     alien unless the alien submits biometric and biographic data, 
     in accordance with procedures established by the Secretary.
       (B) Alternative procedure.--The Secretary shall provide an 
     alternative procedure for any applicant who is unable to 
     provide the biometric or biographic data referred to in 
     subparagraph (A) due to physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     use biometric, biographic, and other data that the Secretary 
     determines to be appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the permanent resident status of the alien; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of the conditional basis if the 
     permanent resident status of the alien.
       (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 permanent resident status of the 
     alien.
       (b) 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 to be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitations on application for naturalization.--
       (A) In general.--An alien may not be naturalized--
       (i) on any date on which the alien is in permanent resident 
     status on a conditional basis; or
       (ii) before the date that is 12 years after the date on 
     which the alien was granted permanent resident status on a 
     conditional basis.
       (B) Reduction in period.--
       (i) In general.--Subject to clause (ii), the 12-year period 
     referred to in subparagraph (A)(ii) shall be reduced by the 
     number of days that the alien was a DACA recipient.
       (ii) Limitation.--Notwithstanding clause (i), the 12-year 
     period may not be reduced by more than 2 years.
       (C) Advanced filing date.--With respect to an alien granted 
     permanent resident status on a conditional basis, the alien 
     may file an application for naturalization not more than 90 
     days before the date on which the applicant meets the 
     requirements for naturalization under subparagraph (A).

     SEC. 206. 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 203(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 205(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 of the alien who was 
     born in the United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (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 203(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 of the alien 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

[[Page S980]]

       (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 
     203(b)(1)(D)(iii), 203(d)(3)(A)(iii), or 205(a)(1)(C)(i), 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 203(b)(5)(B) or 205(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 described in section 
     205(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 2 years 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 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 205(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. 207. RULEMAKING.

       (a) Initial Publication.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register regulations implementing this subtitle.
       (2) Affirmative application.--The regulations published 
     under paragraph (1) shall allow any eligible individual to 
     immediately apply affirmatively for the relief available 
     under section 203 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)(1) shall be effective, on an 
     interim basis, immediately on publication in the Federal 
     Register, but may be subject to change and revision after 
     public notice and opportunity for a period of public comment.
       (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. 208. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use for 
     the purpose of immigration enforcement any information 
     provided in--
       (1) an application filed under this subtitle; or
       (2) a request for DACA.
       (b) Referrals Prohibited.--The Secretary may not refer to 
     U.S. Immigration and Customs Enforcement, U.S. Customs and 
     Border Protection, or any designee of U.S. Immigration and 
     Customs Enforcement or U.S. Customs and Border Protection any 
     individual who--
       (1) has been granted permanent resident status on a 
     conditional basis; or
       (2) was granted DACA.
       (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 a Federal security or law enforcement 
     agency--
       (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. 209. 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).
                                 ______
                                 
  SA 1959. Mr. GRASSLEY (for himself, Mrs. Ernst, Mr. Tillis, Mr. 
Lankford, Mr. Cotton, Mr. Perdue, Mr. Cornyn, Mr. Alexander, and Mr. 
Isakson) proposed an amendment to the bill H.R. 2579, to amend the 
Internal Revenue Code of 1986 to allow the

[[Page S981]]

premium tax credit with respect to unsubsidized COBRA continuation 
coverage; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

       (a) Short Titles.--This Act may be cited as the ``SECURE 
     and SUCCEED Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short titles; table of contents.

                 TITLE I--BUILDING AMERICA'S TRUST ACT

Sec. 1001. Short title.

                      Subtitle A--Border Security

Sec. 1101. Definitions.

                Chapter 1--Infrastructure and Equipment

Sec. 1111. Strengthening the requirements for barriers along the 
              southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Capability deployment to specific sectors and transit zone.
Sec. 1114. U.S. Border Patrol activities.
Sec. 1115. National Guard support to secure the southern border.
Sec. 1116. Operation Phalanx.
Sec. 1117. Merida Initiative.
Sec. 1118. Prohibitions on actions that impede border security on 
              certain Federal land.
Sec. 1119. Landowner and rancher security enhancement.
Sec. 1120. Limitation on land owner's liability.
Sec. 1121. Eradication of carrizo cane and salt cedar.
Sec. 1122. Prevention, detection, control, and eradication of diseases 
              and pests.
Sec. 1123. Transnational criminal organization illicit spotter 
              prevention and detection.
Sec. 1124. Southern border threat analysis.
Sec. 1125. Amendments to U.S. Customs and Border Protection.
Sec. 1126. Agent and officer technology use.
Sec. 1127. Integrated Border Enforcement Teams.
Sec. 1128. Land use or acquisition.
Sec. 1129. Tunnel Task Forces.
Sec. 1130. Pilot program on use of electromagnetic spectrum in support 
              of border security operations.
Sec. 1131. Foreign migration assistance.

                          Chapter 2--Personnel

Sec. 1141. Additional U.S. Customs and Border Protection agents and 
              officers.
Sec. 1142. Fair labor standards for border patrol agents.
Sec. 1143. U.S. Customs and Border Protection retention incentives.
Sec. 1144. Rate of pay for U.S. Immigration and Customs Enforcement 
              officers and agents.
Sec. 1145. Anti-Border Corruption Reauthorization Act.
Sec. 1146. Training for officers and agents of U.S. Customs and Border 
              Protection.
Sec. 1147. Additional U.S. Immigration and Customs Enforcement 
              personnel.
Sec. 1148. Other immigration and law enforcement personnel.
Sec. 1149. Judicial resources for border security.
Sec. 1150. Reimbursement to State and local prosecutors for federally 
              initiated, immigration-related criminal cases.

                           Chapter 3--Grants

Sec. 1151. State Criminal Alien Assistance Program.
Sec. 1152. Southern border security assistance grants.
Sec. 1153. Operation Stonegarden.
Sec. 1154. Grants for identification of victims of cross-border human 
              smuggling.
Sec. 1155. Grant accountability.

   Subtitle B--Emergency Port of Entry Personnel and Infrastructure 
                                Funding

Sec. 1201. Definitions.
Sec. 1202. Ports of entry infrastructure.
Sec. 1203. Secure communications.
Sec. 1204. Border security deployment program.
Sec. 1205. Pilot and upgrade of license plate readers at ports of 
              entry.
Sec. 1206. Biometric technology.
Sec. 1207. Nonintrusive inspection operational demonstration project.
Sec. 1208. Biometric exit data system.
Sec. 1209. Sense of Congress on cooperation between agencies.

              Subtitle C--Border Security Enforcement Fund

Sec. 1301. Border Security Enforcement Fund.

Subtitle D--Stop the Importation and Trafficking of Synthetic Analogues 
                                  Act

Sec. 1401. Short titles.
Sec. 1402. Establishment of Schedule A.
Sec. 1403. Temporary and permanent scheduling of schedule A substances.
Sec. 1404. Penalties.
Sec. 1405. False labeling of schedule A controlled substances.
Sec. 1406. Registration requirements for handlers of schedule A 
              substances.
Sec. 1407. Additional conforming amendments.
Sec. 1408. Clarification of the definition of controlled substance 
              analogue under the Analogue Enforcement Act.
Sec. 1409. Rules of construction.

                     Subtitle E--Domestic Security

                       Chapter 1--General Matters

Sec. 1501. Keep Our Communities Safe Act.
Sec. 1502. Deterring visa overstays.
Sec. 1503. Increase in immigration detention capacity.
Sec. 1504. Collection of DNA from criminal and detained aliens.
Sec. 1505. Collection, use, and storage of biometric data.
Sec. 1506. Pilot program for electronic field processing.
Sec. 1507. Ending abuse of parole authority.
Sec. 1508. Reports to Congress on parole.
Sec. 1509. Reinstatement of the Secure Communities Program.
Sec. 1510. Ensuring that local and Federal law enforcement officers may 
              cooperate to safeguard our communities.

 Chapter 2--Protection and Due Process for Unaccompanied Alien Children

Sec. 1520. Short title.
Sec. 1521. Repatriation of unaccompanied alien children.
Sec. 1522. Child welfare and law enforcement information sharing.
Sec. 1523. Accountability for children and taxpayers.
Sec. 1524. Custody of unaccompanied alien children in formal removal 
              proceeding.
Sec. 1525. Fraud in connection with the transfer of custody of 
              unaccompanied alien children.
Sec. 1526. Notification of States and foreign governments, reporting, 
              and monitoring.
Sec. 1527. Reports to Congress.

 Chapter 3--Cooperation With Mexico and Other Countries on Asylum and 
                             Refugee Issues

Sec. 1541. Strengthening internal asylum systems in Mexico and other 
              countries.
Sec. 1542. Expanding refugee processing in Mexico and Central America 
              for third country resettlement.

     Subtitle F--Penalties for Smuggling, Drug Trafficking, Human 
    Trafficking, Terrorism, and Illegal Entry and Reentry; Bars to 
                     Readmission of Removed Aliens

Sec. 1601. Dangerous human smuggling, human trafficking, and human 
              rights violations.
Sec. 1602. Putting the Brakes on Human Smuggling Act.
Sec. 1603. Drug trafficking and crimes of violence committed by illegal 
              aliens.
Sec. 1604. Establishing inadmissibility and deportability.
Sec. 1605. Penalties for illegal entry; enhanced penalties for entering 
              with intent to aid, abet, or commit terrorism.
Sec. 1606. Penalties for reentry of removed aliens.
Sec. 1607. Laundering of monetary instruments.
Sec. 1608. Freezing bank accounts of international criminal 
              organizations and money launderers.
Sec. 1609. Criminal proceeds laundered through prepaid access devices, 
              digital currencies, or other similar instruments.
Sec. 1610. Closing the loophole on drug cartel associates engaged in 
              money laundering.

       Subtitle G--Protecting National Security and Public Safety

                       Chapter 1--General Matters

Sec. 1701. Definitions of terrorist activity, engage in terrorist 
              activity, and terrorist organization.
Sec. 1702. Terrorist and security-related grounds of inadmissibility.
Sec. 1703. Expedited removal for aliens inadmissible on criminal or 
              security grounds.
Sec. 1704. Detention of removable aliens.
Sec. 1705. GAO study on deaths in custody.
Sec. 1706. GAO study on migrant deaths.
Sec. 1707. Statute of limitations for visa, naturalization, and other 
              fraud offenses involving war crimes, crimes against 
              humanity, or human rights violations.
Sec. 1708. Criminal detention of aliens to protect public safety.
Sec. 1709. Recruitment of persons to participate in terrorism.
Sec. 1710. Barring and removing persecutors, war criminals, and 
              participants in crimes against humanity from the United 
              States.
Sec. 1711. Child soldier recruitment ineligibility technical 
              correction.
Sec. 1712. Gang membership, removal, and increased criminal penalties 
              related to gang violence.
Sec. 1713. Barring aggravated felons, border checkpoint runners, and 
              sex offenders from admission to the United States.
Sec. 1714. Protecting immigrants from convicted sex offenders.
Sec. 1715. Enhanced criminal penalties for high speed flight.
Sec. 1716. Prohibition on asylum and cancellation of removal for 
              terrorists.
Sec. 1717. Aggravated felonies.
Sec. 1718. Failure to obey removal orders.

[[Page S982]]

Sec. 1719. Sanctions for countries that delay or prevent repatriation 
              of their nationals.
Sec. 1720. Enhanced penalties for construction and use of border 
              tunnels.
Sec. 1721. Enhanced penalties for fraud and misuse of visas, permits, 
              and other documents.
Sec. 1722. Expansion of criminal alien repatriation programs.
Sec. 1723. Prohibition on flight training and nuclear studies for 
              nationals of high-risk countries.

          Chapter 2--Strong Visa Integrity Secures America Act

Sec. 1731. Short title.
Sec. 1732. Visa security.
Sec. 1733. Electronic passport screening and biometric matching.
Sec. 1734. Reporting visa overstays.
Sec. 1735. Student and exchange visitor information system 
              verification.
Sec. 1736. Social media review of visa applicants.

              Chapter 3--Visa Cancellation and Revocation

Sec. 1741. Cancellation of additional visas.
Sec. 1742. Visa information sharing.
Sec. 1743. Visa interviews.
Sec. 1744. Visa revocation and limits on judicial review.

                      Chapter 4--Secure Visas Act

Sec. 1751. Short title.
Sec. 1752. Authority of the Secretary of Homeland Security and the 
              Secretary of State.

       Chapter 5--Visa Fraud and Security Improvement Act of 2018

Sec. 1761. Short title.
Sec. 1762. Expanded usage of fraud prevention and detection fees.
Sec. 1763. Inadmissibility of spouses and sons and daughters of 
              traffickers.
Sec. 1764. DNA testing and criminal history.
Sec. 1765. Access to NCIC criminal history database for diplomatic 
              visas.
Sec. 1766. Elimination of signed photograph requirement for visa 
              applications.

                        Chapter 6--Other Matters

Sec. 1771. Requirement for completion of background checks.
Sec. 1772. Withholding of adjudication.
Sec. 1773. Access to the National Crime Information Center Interstate 
              Identification Index.
Sec. 1774. Appropriate remedies for immigration litigation.
Sec. 1775. Use of 1986 IRCA legalization information for national 
              security purposes.
Sec. 1776. Uniform statute of limitations for certain immigration, 
              naturalization, and peonage offenses.
Sec. 1777. Conforming amendment to the definition of racketeering 
              activity.
Sec. 1778. Validity of electronic signatures.

 Subtitle H--Prohibition on Terrorists Obtaining Lawful Status in the 
                             United States

   Chapter 1--Prohibition on Adjustment to Lawful Permanent Resident 
                                 Status

Sec. 1801. Lawful permanent residents as applicants for admission.
Sec. 1802. Date of admission for purposes of adjustment of status.
Sec. 1803. Precluding asylee and refugee adjustment of status for 
              certain grounds of inadmissibility and deportability.
Sec. 1804. Revocation of lawful permanent resident status for human 
              rights violators.
Sec. 1805. Removal of condition on lawful permanent resident status 
              prior to naturalization.
Sec. 1806. Prohibition on terrorists and aliens who pose a threat to 
              national security or public safety from receiving an 
              adjustment of status.
Sec. 1807. Treatment of applications for adjustment of status during 
              pending denaturalization proceedings.
Sec. 1808. Extension of time limit to permit rescission of permanent 
              resident status.
Sec. 1809. Barring persecutors and terrorists from registry.

 Chapter 2--Prohibition on Naturalization and United States Citizenship

Sec. 1821. Barring terrorists from becoming naturalized United States 
              citizens.
Sec. 1822. Terrorist bar to good moral character.
Sec. 1823. Prohibition on judicial review of naturalization 
              applications for aliens in removal proceedings.
Sec. 1824. Limitation on judicial review when agency has not made 
              decision on naturalization application and on denials.
Sec. 1825. Clarification of denaturalization authority.
Sec. 1826. Denaturalization of terrorists.
Sec. 1827. Treatment of pending applications during denaturalization 
              proceedings.
Sec. 1828. Naturalization document retention.

Chapter 3--Forfeiture of Proceeds From Passport and Visa Offenses, and 
                          Passport Revocation.

Sec. 1831. Forfeiture of proceeds from passport and visa offenses.
Sec. 1832. Passport Revocation Act.

       TITLE II--PERMANENT REAUTHORIZATION OF VOLUNTARY E-VERIFY

Sec. 2001. Permanent reauthorization.
Sec. 2002. Preemption; liability.
Sec. 2003. Information sharing.
Sec. 2004. Small Business Demonstration Program.
Sec. 2005. Fraud prevention.
Sec. 2006. Identity authentication employment eligibility verification 
              pilot programs.

                         TITLE III--SUCCEED ACT

Sec. 3001. Short titles.
Sec. 3002. Definitions.
Sec. 3003. Cancellation of removal of certain long-term residents who 
              entered the United States as children.
Sec. 3004. Conditional temporary resident status.
Sec. 3005. Removal of conditional basis for temporary residence.
Sec. 3006. Benefits for relatives of aliens granted conditional 
              temporary resident status.
Sec. 3007. Exclusive jurisdiction.
Sec. 3008. Confidentiality of information.
Sec. 3009. Restriction on welfare benefits for conditional temporary 
              residents.
Sec. 3010. GAO report.
Sec. 3011. Military enlistment.
Sec. 3012. Eligibility for naturalization.
Sec. 3013. Funding.

                TITLE IV--ENSURING FAMILY REUNIFICATION

Sec. 4001. Short title.
Sec. 4002. Family-Sponsored immigration priorities.
Sec. 4003. Elimination of Diversity Visa Program.

                         TITLE V--OTHER MATTERS

Sec. 5001. Other Immigration and Nationality Act amendments.
Sec. 5002. Exemption from the Administrative Procedure Act.
Sec. 5003. Exemption from the Paperwork Reduction Act.
Sec. 5004. Exemption from government contracting and hiring rules.
Sec. 5005. Ability to fill and retain Department of Homeland Security 
              positions in United States territories.
Sec. 5006. Severability.
Sec. 5007. Funding.

                     TITLE VI--TECHNICAL AMENDMENTS

Sec. 6001. References to the Immigration and Nationality Act.
Sec. 6002. Technical amendments to title I of the Immigration and 
              Nationality Act.
Sec. 6003. Technical amendments to title II of the Immigration and 
              Nationality Act.
Sec. 6004. Technical amendments to title III of the Immigration and 
              Nationality Act.
Sec. 6005. Technical amendment to title IV of the Immigration and 
              Nationality Act.
Sec. 6006. Technical amendments to title V of the Immigration and 
              Nationality Act.
Sec. 6007. Other amendments.
Sec. 6008. Repeals; rule of construction.
Sec. 6009. Miscellaneous technical correction.

                 TITLE I--BUILDING AMERICA'S TRUST ACT

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Building America's Trust 
     Act''.

                      Subtitle A--Border Security

     SEC. 1101. DEFINITIONS.

       In this subtitle:
       (1) Advanced unattended surveillance sensors.--The term 
     ``advanced unattended surveillance sensors'' means sensors 
     that utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives before transmission.
       (2) Appropriate congressional committee.--The term 
     ``appropriate congressional committee'' has the meaning given 
     the term in section 2(2) of the Homeland Security Act of 2002 
     (6 U.S.C. 101(2)).
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (4) High traffic areas.--The term ``high traffic areas'' 
     has the meaning given the term in section 102(e)(1) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996, as added by section 1111.
       (5) Operational control.--The term ``operational control'' 
     has the meaning given the term in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (7) 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 (6 U.S.C. 223(a)(7); Public Law 114-328).
       (8) Small unmanned aerial vehicle.--The term ``small 
     unmanned aerial vehicle'' has the meaning given the term 
     ``small unmanned aircraft'' in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).

[[Page S983]]

       (9) Transit zone.--The term ``transit zone'' has the 
     meaning given the term in section 1092(a)(8) of the National 
     Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 
     223(a)(7); Public Law 114-328).
       (10) Unmanned aerial system.--The term ``unmanned aerial 
     system'' has the meaning given the term ``unmanned aircraft 
     system'' in section 331 of the FAA Modernization and Reform 
     Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
       (11) Unmanned aerial vehicle.--The term ``unmanned aerial 
     vehicle'' has the meaning given the term ``unmanned aircraft 
     system'' in section 331 of the FAA Modernization and Reform 
     Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).

                CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT

     SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (including the removal 
     of obstacles to detection of illegal entrants) to construct, 
     install, deploy, operate, and permanently maintain physical 
     barriers, tactical infrastructure and technology in the 
     vicinity of the United States border to achieve situational 
     awareness and operational control of the border and deter, 
     impede, and detect illegal activity in high traffic areas.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``subsection (a)'' and inserting ``this 
     section'';
       (II) by striking ``roads, lighting, cameras, and sensors'' 
     and inserting ``tactical infrastructure, and technology''; 
     and
       (III) by striking ``gain'' and inserting ``achieve 
     situational awareness and''; and

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--
       ``(i) In general.--Not later than September 30, 2022, the 
     Secretary of Homeland Security, in carrying out this section, 
     shall deploy along the United States border the most 
     practical and effective physical barriers and tactical 
     infrastructure available for achieving situational awareness 
     and operational control of the border.
       ``(ii) Consideration for certain physical barriers and 
     tactical infrastructure.--The deployment of physical barriers 
     and tactical infrastructure under this subparagraph shall not 
     apply in any area or region along the border where natural 
     terrain features, natural barriers, or the remoteness of such 
     area or region would make any such deployment ineffective, as 
     determined by the Secretary, for the purposes of gaining 
     situational awareness or operational control of such area or 
     region.'';
       (iii) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall, before constructing 
     physical barriers in a specific area or region, consult with 
     the Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of Federal, State, local, and 
     tribal governments, and appropriate private property owners 
     in the United States to minimize the impact on the 
     environment, culture, commerce, and quality of life for the 
     communities and residents located near the sites at which 
     such physical barriers are to be constructed.'';

       (II) by redesignating clause (ii) as clause (iii); and
       (III) by inserting after clause (i), as amended, the 
     following:

       ``(ii) Notification.--Not later than 60 days after the 
     consultation required under clause (i), the Secretary of 
     Homeland Security shall notify the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate of 
     the type of physical barriers, tactical infrastructure, or 
     technology the Secretary has determined is most practical and 
     effective to achieve situational awareness and operational 
     control in a specific area and the other alternatives the 
     Secretary considered before making such a determination.''; 
     and

       (IV) in clause (iii), as redesignated--

       (aa) in subclause (I), by striking ``or'' at the end;
       (bb) by amending subclause (II) to read as follows:

       ``(II) delay the transfer of the possession of property to 
     the United States or affect the validity of any property 
     acquisition by purchase or eminent domain, or to otherwise 
     affect the eminent domain laws of the United States or of any 
     state; or''; and

       (cc) by adding at the end the following:

       ``(III) create any right or liability for any party.''; and

       (iv) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers''; and
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, constructing, 
     and deploying physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into the 
     design, construction, or deployment of such physical 
     barriers, tactical infrastructure, or technology, as the case 
     may be, that the Secretary determines, in the Secretary's 
     sole discretion, are necessary to maximize the safety and 
     effectiveness of officers or agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.'';
       (3) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall have the 
     authority to waive all legal requirements that the Secretary, 
     in the Secretary's sole discretion, determines necessary to 
     ensure the expeditious design, testing, construction, 
     installation, deployment, operation, and maintenance of the 
     physical barriers, tactical infrastructure and technology 
     under this section. Any such decision by the Secretary shall 
     be effective upon publication in the Federal Register.''; and
       (4) by adding after subsection (d) the following:
       ``(e) Technology.--Not later than September 30, 2022, the 
     Secretary of Homeland Security, in carrying out this section, 
     shall deploy, operate, and permanently maintain along the 
     United States border the most practical and effective 
     technology available for achieving situational awareness and 
     operational control of the border.
       ``(f) Limitation on Requirements.--Nothing in this section 
     may be construed as requiring the Secretary to install 
     tactical infrastructure, technology, and physical barriers in 
     a particular location along an international border of the 
     United States if the Secretary determines that the use or 
     placement of such resources is not the most appropriate means 
     to achieve and maintain situational awareness and operational 
     control over the international border at such location.
       ``(g) Definitions.--In this section:
       ``(1) High traffic areas.--The term `high traffic areas' 
     means areas in the vicinity of the United States border 
     that--
       ``(A) are within the responsibility of U.S. Customs and 
     Border Protection; and
       ``(B) have significant unlawful cross-border activity, as 
     determined by the Secretary of Homeland Security.
       ``(2) Operational control.--The term `operational control' 
     has the meaning given the term in section 2(b) of the Secure 
     Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
       ``(3) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, a border wall system, and levee 
     walls.
       ``(4) Situational awareness defined.--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 (6 U.S.C. 223(a)(7); Public Law 114-328).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' means border 
     surveillance and detection technology, including--
       ``(A) tower-based surveillance technology;
       ``(B) deployable, lighter-than-air ground surveillance 
     equipment;
       ``(C) Vehicle and Dismount Exploitation Radars (VADER);
       ``(D) 3-dimensional, seismic acoustic detection and ranging 
     border tunneling detection technology;
       ``(E) advanced unattended surveillance sensors;
       ``(F) mobile vehicle-mounted and man-portable surveillance 
     capabilities;
       ``(G) unmanned aerial vehicles; and
       ``(H) other border detection, communication, and 
     surveillance technology.
       ``(7) Unmanned aerial vehicles.--The term `unmanned aerial 
     vehicle' has the meaning given the term `unmanned aircraft' 
     in section 331 of the FAA Modernization and Reform Act of 
     2012 (Public Law 112-95; 49 U.S.C. 40101 note).''.

     SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) Increased Flight Hours.--The Secretary shall ensure 
     that not fewer than 95,000 annual flight hours are carried 
     out by Air and Marine Operations of U.S. Customs and Border 
     Protection.
       (b) Unmanned Aerial System.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that Air and Marine Operations 
     operate unmanned aerial systems on the southern border of the 
     United States for not fewer than 24 hours per day for 5 days 
     per week.
       (c) Contract Air Support Authorization.--The Commissioner 
     shall contract for the unfulfilled identified air support 
     mission critical hours, as identified by the Chief of the 
     U.S. Border Patrol.
       (d) Primary Mission.--The Commissioner shall ensure that--
       (1) the primary missions for Air and Marine Operations are 
     to directly support U.S.

[[Page S984]]

     Border Patrol activities along the southern border of the 
     United States and Joint Interagency Task Force South 
     operations in the transit zone; and
       (2) the Executive Assistant Commissioner of Air and Marine 
     Operations assigns the greatest priority to support missions 
     established by the Commissioner to carry out the requirements 
     under this Act.
       (e) High-demand Flight Hour Requirements.--In accordance 
     with subsection (d), the Commissioner shall ensure that U.S. 
     Border Patrol Sector Chiefs--
       (1) identify critical flight hour requirements; and
       (2) direct Air and Marine Operations to support requests 
     from Sector Chiefs as their primary mission.
       (f) Small Unmanned Aerial Vehicles.--
       (1) In general.--The Chief of the U.S. Border Patrol shall 
     be the executive agent for U.S. Customs and Border 
     Protection's use of small, unmanned aerial vehicles for the 
     purpose of meeting the U.S. Border Patrol's unmet flight hour 
     operational requirements and to achieve situational awareness 
     and operational control.
       (2) Coordination.--In carrying out paragraph (1), the Chief 
     of the U.S. Border Patrol shall--
       (A) coordinate flight operations with the Administrator of 
     the Federal Aviation Administration to ensure the safe and 
     efficient operation of the National Airspace System; and
       (B) coordinate with the Executive Assistant Commissioner 
     for Air and Marine Operations of U.S. Customs and Border 
     Protection to ensure the safety of other aircraft flying in 
     the vicinity of small, unmanned aerial vehicles operated by 
     the U.S. Border Patrol.
       (3) Conforming amendment.--Section 411(e)(3) of the 
     Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)) is 
     amended--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following:
       ``(C) carry out the small unmanned aerial vehicle 
     requirements pursuant to section 1112(f) of the Building 
     America's Trust Act; and''.
       (g) Savings Clause.--Nothing in this section may be 
     construed to confer, transfer, or delegate to the Secretary, 
     the Commissioner, the Executive Assistant Commissioner for 
     Air and Marine Operations of U.S. Customs and Border 
     Protection, or the Chief of the U.S. Border Patrol any 
     authority of the Secretary of Transportation or the 
     Administrator of the Federal Aviation Administration relating 
     to the use of airspace or aviation safety.

     SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND 
                   TRANSIT ZONE.

       (a) In General.--Not later than September 30, 2022, the 
     Secretary, in implementing section 102 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996, 
     as amended by section 1111, and acting through the 
     appropriate component of the Department of Homeland Security, 
     shall deploy to each sector or region of the southern border 
     and the northern border, in a prioritized manner to achieve 
     situational awareness and operational control of such 
     borders, the following additional capabilities:
       (1) San diego sector.--For the San Diego sector, the 
     following:
       (A) Tower-based surveillance technology.
       (B) Subterranean surveillance and detection technologies.
       (C) To increase coastal maritime domain awareness, the 
     following:
       (i) Deployable, lighter-than-air surface surveillance 
     equipment.
       (ii) Unmanned aerial vehicles with maritime surveillance 
     capability.
       (iii) U.S. Customs and Border Protection maritime patrol 
     aircraft.
       (iv) Coastal radar surveillance systems.
       (v) Maritime signals intelligence capabilities.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (2) El centro sector.--For the El Centro sector, the 
     following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Man-portable unmanned aerial vehicles.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (3) Yuma sector.--For the Yuma sector, the following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Ultralight aircraft detection capabilities.
       (D) Advanced unattended surveillance sensors.
       (E) A rapid reaction capability supported by aviation 
     assets.
       (F) Mobile vehicle-mounted and man-portable surveillance 
     systems.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (4) Tucson sector.--For the Tucson sector, the following:
       (A) Tower-based surveillance technology.
       (B) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (C) Deployable, lighter-than-air ground surveillance 
     equipment.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (5) El paso sector.--For the El Paso sector, the following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Ultralight aircraft detection capabilities.
       (D) Advanced unattended surveillance sensors.
       (E) Mobile vehicle-mounted and man-portable surveillance 
     systems.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (6) Big bend sector.--For the Big Bend sector, the 
     following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Improved agent communications capabilities.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (7) Del rio sector.--For the Del Rio sector, the following:
       (A) Tower-based surveillance technology.
       (B) Increased monitoring for cross-river dams, culverts, 
     and footpaths.
       (C) Improved agent communications capabilities.
       (D) Improved maritime capabilities in the Amistad National 
     Recreation Area.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (8) Laredo sector.--For the Laredo sector, the following:
       (A) Tower-based surveillance technology.
       (B) Maritime detection resources for the Falcon Lake 
     region.
       (C) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (D) Increased monitoring for cross-river dams, culverts, 
     and footpaths.
       (E) Ultralight aircraft detection capability.
       (F) Advanced unattended surveillance sensors.
       (G) A rapid reaction capability supported by aviation 
     assets.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (9) Rio grande valley sector.--For the Rio Grande Valley 
     sector, the following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (D) Ultralight aircraft detection capability.
       (E) Advanced unattended surveillance sensors.
       (F) Increased monitoring for cross-river dams, culverts, 
     footpaths.
       (G) A rapid reaction capability supported by aviation 
     assets.
       (H) Increased maritime interdiction capabilities.
       (I) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (J) Man-portable unmanned aerial vehicles.
       (K) Improved agent communications capabilities.
       (10) Blaine sector.--For the Blaine sector, the following:

[[Page S985]]

       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (11) Spokane sector.--For the Spokane sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Increased maritime interdiction capabilities.
       (C) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (D) Advanced unattended surveillance sensors.
       (E) Ultralight aircraft detection capabilities.
       (F) Completion of six miles of the Bog Creek road.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (12) Havre sector.--For the Havre sector, the following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (13) Grand forks sector.--For the Grand Forks sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (14) Detroit sector.--For the Detroit sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (15) Buffalo sector.--For the Buffalo sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (16) Swanton sector.--For the Swanton sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (17) Houlton sector.--For the Houlton sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (18) Transit zone.--For the transit zone, the following:
       (A) Not later than 2 years after the date of the enactment 
     of this Act, an increase in the number of overall cutter, 
     boat, and aircraft hours spent conducting interdiction 
     operations over the average number of such hours during the 
     preceding 3 fiscal years.
       (B) Increased maritime signals intelligence capabilities.
       (C) To increase maritime domain awareness--
       (i) unmanned aerial vehicles with maritime surveillance 
     capability; and
       (ii) increased maritime aviation patrol hours.
       (D) Increased operational hours for maritime security 
     components dedicated to joint counter-smuggling and 
     interdiction efforts with other Federal agencies, including 
     the Deployable Specialized Forces of the Coast Guard.
       (E) Coastal radar surveillance systems with long range day 
     and night cameras capable of providing full maritime domain 
     awareness of the United States territorial waters surrounding 
     Puerto Rico, Mona Island, Desecheo Island, Vieques Island, 
     Culebra Island, Saint Thomas, Saint John, and Saint Croix.
       (b) Reimbursement Related to the Lower Rio Grande Valley 
     Flood Control Project.--The International Boundary and Water 
     Commission is authorized to reimburse State and local 
     governments for any expenses incurred before, on, or after 
     the date of the enactment of this Act by such governments in 
     designing, constructing, and rehabilitating the Lower Rio 
     Grande Valley Flood Control Project of the Commission.
       (c) Tactical Flexibility.--
       (1) Southern and northern land borders.--
       (A) In general.--Beginning on September 30, 2021, or after 
     the Secretary has deployed at least 25 percent of the 
     capabilities required in each sector specified in subsection 
     (a), whichever comes later, the Secretary may deviate from 
     such capability deployments if the Secretary determines that 
     such deviation is required to achieve situational awareness 
     or operational control.
       (B) Notification.--If the Secretary exercises the authority 
     described in subparagraph (A), the Secretary shall, not later 
     than 90 days after such exercise, notify the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives regarding the deviation under such 
     subparagraph that is the subject of such exercise. If the 
     Secretary makes any changes to such deviation, the Secretary 
     shall, not later than 90 days after any such change, notify 
     such committees regarding such change.
       (2) Transit zone.--
       (A) Notification.--The Secretary shall notify the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Homeland Security of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives regarding the 
     capability deployments for the transit zone specified in 
     paragraph (18) of subsection (a), including information 
     relating to--
       (i) the number and types of assets and personnel deployed; 
     and
       (ii) the impact such deployments have on the capability of 
     the Coast Guard to conduct its mission in the transit zone 
     referred to in paragraph (18) of subsection (a).
       (B) Alteration.--The Secretary may alter the capability 
     deployments referred to in this section if the Secretary--
       (i) determines, after consultation with the committees 
     referred to in subparagraph (A), that such alteration is 
     necessary; and
       (ii) not later than 30 days after making a determination 
     under clause (i), notifies the committees referred to in such 
     subparagraph regarding such alteration, including information 
     relating to--

       (I) the number and types of assets and personnel deployed 
     pursuant to such alteration; and
       (II) the impact such alteration has on the capability of 
     the Coast Guard to conduct its mission in the transit zone 
     referred to in paragraph (18) of subsection (a).

       (d) Exigent Circumstances.--
       (1) In general.--Notwithstanding subsection (b), the 
     Secretary may deploy the capabilities referred to in 
     subsection (a) in a manner that is inconsistent with the 
     requirements specified in such subsection if, after the 
     Secretary has deployed at least 25 percent of such 
     capabilities, the Secretary determines that exigent 
     circumstances demand such an inconsistent deployment or that 
     such an inconsistent deployment is vital to the national 
     security interests of the United States.
       (2) Notification.--The Secretary shall notify the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, , not later than 30 days after making a 
     determination under paragraph (1). Such notification shall 
     include a detailed justification for such determination.

     SEC. 1114. U.S. BORDER PATROL ACTIVITIES.

       The Chief of the U.S. Border Patrol shall prioritize the 
     deployment of U.S. Border Patrol agents to as close to the 
     physical land border as possible, consistent with border 
     security enforcement priorities and accessibility to such 
     areas.

[[Page S986]]

        (a) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 433 the 
     following:

``Sec. 434. Border security technology program management.''.
       (b) Prohibition on Additional Authorization of 
     Appropriations.--No additional funds are authorized to be 
     appropriated to carry out section 434 of the Homeland 
     Security Act of 2002, as added by subsection (a). Such 
     section shall be carried out using amounts otherwise 
     authorized for such purposes.

     SEC. 1115. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN 
                   BORDER.

       (a) In General.--The Secretary may request that the 
     Secretary of Defense support, pursuant to chapter 15 of title 
     10, United States Code, the Secretary's efforts to secure the 
     southern border of the United States. The Secretary of 
     Defense may authorize the provision of such support under 
     section 502(f) of title 32, United States Code, including 
     pursuant to chapter 9 of such title 32.
       (b) Type of Support Authorized.--The support provided in 
     accordance with subsection (a) may include--
       (1) construction of reinforced fencing or other physical 
     barriers;
       (2) operation of ground-based surveillance systems;
       (3) deployment of manned aircraft, unmanned aerial 
     surveillance systems, and ground-based surveillance systems 
     to support continuous surveillance of the southern border; 
     and
       (4) intelligence analysis support.
       (c) Materiel and Logistical Support.--The Secretary of 
     Defense may deploy such materiel, equipment, and logistical 
     support as may be necessary to ensure the effectiveness of 
     the assistance provided under subsection (a).
       (d) Readiness.--To ensure that the use of units and 
     personnel of the National Guard of a State authorized 
     pursuant to this section does not degrade the training and 
     readiness of such units and personnel, in determining the 
     homeland defense activities that such units and personnel may 
     perform, the following requirements shall apply:
       (1) The performance of such activities shall not affect 
     adversely the quality of such training or readiness or 
     otherwise interfere with the ability of a unit or personnel 
     of the National Guard of a State to perform the military 
     functions of such member or unit.
       (2) The performance of such activities shall not degrade 
     the military skills of the units or personnel of the National 
     Guard of a State performing such activities.
       (e) Reimbursement Notification.--Prior to providing any 
     support in accordance with subsection (a), the Secretary of 
     Defense shall notify the Secretary whether such support 
     qualifies for a reimbursement waiver under chapter 15 of 
     title 10, United States Code.
       (f) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and biannually thereafter through 
     December 31, 2021, the Secretary of Defense shall submit a 
     report to the congressional defense committees (as defined in 
     section 101(a)(16) of title 10, United States Code) that 
     describes any support provided pursuant to subsection (a) 
     during the 6-month period preceding each such report.
       (2) Elements.--Each report under paragraph (1) shall 
     include a description of--
       (A) the support provided; and
       (B) the sources and amounts of funds obligated and expended 
     to provide such support

     SEC. 1116. OPERATION PHALANX.

       (a) In General.--The Secretary of Defense, with the 
     concurrence of the Secretary, shall provide assistance to 
     U.S. Customs and Border Protection for purposes of increasing 
     ongoing efforts to secure the southern border.
       (b) Types of Assistance Authorized.--The assistance 
     provided under subsection (a) may include--
       (1) deployment of manned aircraft, unmanned aerial 
     surveillance systems, and ground-based surveillance systems 
     to support continuous surveillance of the southern border; 
     and
       (2) intelligence analysis support.
       (c) Materiel and Logistical Support.--The Secretary of 
     Defense may deploy such materiel, equipment, and logistics 
     support as may be necessary to ensure the effectiveness of 
     the assistance provided under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Department of Defense $75,000,000 
     to provide assistance under this section. The Secretary of 
     Defense may not seek reimbursement from the Secretary for any 
     assistance provided under this section.
       (e) Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act and annually thereafter, the 
     Secretary of Defense shall submit a report to the appropriate 
     congressional defense committees (as defined in section 
     101(a)(16) of title 10, United States Code) regarding any 
     assistance provided under subsection (a) during the period 
     specified in paragraph (3).
       (2) Elements.--Each report under paragraph (1) shall 
     include, for the period specified in paragraph (3), a 
     description of--
       (A) the assistance provided;
       (B) the sources and amounts of funds used to provide such 
     assistance; and
       (C) the amounts obligated to provide such assistance.
       (3) Period specified.--The period specified in this 
     paragraph is--
       (A) in the case of the first report required under 
     paragraph (1), the 90-day period beginning on the date of the 
     enactment of this Act; and
       (B) in the case of any subsequent report submitted under 
     paragraph (1), the calendar year for which the report is 
     submitted.

     SEC. 1117. MERIDA INITIATIVE.

       (a) Sense of Congress.--It is the sense of Congress that 
     assistance to Mexico, including assistance from the 
     Department of State and the Department of Defense and any aid 
     related to the Merida Initiative--
       (1) should be focused on providing enhanced border security 
     at Mexico's northern and southern borders, judicial reform, 
     and support for Mexico's anti-drug efforts; and
       (2) should return to its original focus and prioritize 
     security, training, and acquisition of equipment for Mexican 
     security forces involved in border security and anti-drug 
     efforts as well as be used to train prosecutors in ongoing 
     justice reform efforts.
       (b) Assistance for Mexico.--The Secretary of State, in 
     coordination with the Secretary and the Secretary of Defense, 
     shall provide level and consistent assistance to Mexico--
       (1) to combat drug production and trafficking and related 
     violence, transnational organized criminal organizations, and 
     corruption;
       (2) to build a secure, modern border security system 
     capable of preventing illegal migration;
       (3) to support border security and cooperation with United 
     States military, intelligence, and law enforcement agencies 
     on border incursions;
       (4) to support judicial reform, institution building, and 
     rule of law activities to build judicial capacity, address 
     corruption and impunity, and support human rights; and
       (5) to provide for training and equipment for Mexican 
     security forces involved in efforts to eradicate and 
     interdict drugs.
       (c) Allocation of Funds; Report.--
       (1) In general.--Notwithstanding any other provision of 
     law, 50 percent of any assistance appropriated in any 
     appropriations Act to implement this section shall be 
     withheld until after the Secretary of State submits a written 
     report to the congressional committees specified in paragraph 
     (3) certifying that the Government of Mexico is--
       (A) significantly reducing illegal migration, drug 
     trafficking, and cross-border criminal activities on Mexico's 
     northern and southern borders;
       (B) taking significant action to address corruption, 
     impunity, and human rights abuses; and
       (C) improving the transparency and accountability of 
     Mexican Federal police forces and working with Mexican State 
     and municipal authorities to improve the transparency and 
     accountability of Mexican State and municipal police forces.
       (2) Matters to include.--The report required under 
     paragraph (1) shall include a description of--
       (A) actions taken by the Government of Mexico to address 
     the matters described in such paragraph;
       (B) any relevant assessments by civil society and non-
     government organizations in Mexico relating to such matters; 
     and
       (C) any instances in which the Secretary determines that 
     the actions taken by the Government of Mexico are inadequate 
     to address such matters.
       (3) Congressional committees specified.--The congressional 
     committees specified in this paragraph are--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Foreign Relations of the Senate;
       (E) the Committee on Appropriations of the House of 
     Representatives;
       (F) the Committee on Homeland Security of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives; and
       (H) the Committee on Foreign Affairs of the House of 
     Representatives.
       (d) Notifications.--Any assistance made available by the 
     Secretary of State under this section shall be subject to--
       (1) the notification procedures set forth in section 634A 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1); and
       (2) the notification requirements of--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Foreign Relations of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on the Judiciary of the House of 
     Representatives; and
       (F) the Committee on Foreign Affairs of the House of 
     Representatives.
       (e) Spending Plan.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit, to the congressional committees specified in 
     subsection (c)(3), a detailed spending plan for assistance to 
     Mexico under this section, which shall include a strategy, 
     developed after consulting with relevant authorities of the 
     Government of Mexico, for--
       (1) combating drug trafficking and related violence and 
     organized crime; and

[[Page S987]]

       (2) anti-corruption and rule of law activities, which shall 
     include concrete goals, actions to be taken, budget 
     proposals, and a description of anticipated results.

     SEC. 1118. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER 
                   SECURITY ON CERTAIN FEDERAL LAND.

       (a) Prohibition on Interference With U.S. Customs and 
     Border Protection.--
       (1) In general.--The Secretary concerned shall not impede, 
     prohibit, or restrict activities of U.S. Customs and Border 
     Protection on covered Federal land to carry out the 
     activities described in subsection (b).
       (2) Applicability.--The authority of U.S. Customs and 
     Border Protection to conduct activities described in 
     subsection (b) on covered Federal land applies without regard 
     to whether a state of emergency exists.
       (b) Authorized Activities of U.S. Customs and Border 
     Protection.--
       (1) In general.--U.S. Customs and Border Protection shall 
     have immediate access to covered Federal land to conduct the 
     activities described in paragraph (2) on such land to prevent 
     all unlawful entries into the United States, including 
     entries by terrorists, unlawful aliens, instruments of 
     terrorism, narcotics, and other contraband through the 
     southern border or the northern border.
       (2) Activities described.--The activities described in this 
     paragraph are--
       (A) the execution of search and rescue operations;
       (B) the use of motorized vehicles, foot patrols, and 
     horseback to patrol the border area, apprehend illegal 
     entrants, and rescue individuals; and
       (C) the design, testing, construction, installation, 
     deployment, and operation of physical barriers, tactical 
     infrastructure, and technology pursuant to section 102 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996, as amended by section 1111 of this title.
       (c) Clarification Relating to Waiver Authority.--
       (1) In general.--The activities of U.S. Customs and Border 
     Protection described in subsection (b)(2) may be carried out 
     without regard to the provisions of law specified in 
     paragraph (2).
       (2) Provisions of law specified.--The provisions of law 
     specified in this paragraph are all Federal, State, or other 
     laws, regulations, and legal requirements of, deriving from, 
     or related to the subject of, the following laws:
       (A) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (B) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (C) The Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act'').
       (D) Division A of subtitle III of title 54, United States 
     Code (54 U.S.C. 300301 et seq.) (formerly known as the 
     ``National Historic Preservation Act'').
       (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
       (F) The Clean Air Act (42 U.S.C. 7401 et seq.).
       (G) The Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.).
       (H) The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
       (I) The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
       (J) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (K) The Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       (L) Chapter 3125 of title 54, United States Code (formerly 
     known as the ``Archeological and Historic Preservation 
     Act'').
       (M) The Antiquities Act (16 U.S.C. 431 et seq.).
       (N) Chapter 3203 of title 54, United States Code (formerly 
     known as the ``Historic Sites, Buildings, and Antiquities 
     Act'').
       (O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.).
       (P) The Farmland Protection Policy Act (7 U.S.C. 4201 et 
     seq.).
       (Q) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
     et seq.).
       (R) The Wilderness Act (16 U.S.C. 1131 et seq.).
       (S) The Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       (T) The National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.).
       (U) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
     seq.).
       (V) The Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.).
       (W) Subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'').
       (X) The Otay Mountain Wilderness Act of 1999 (Public Law 
     106-145).
       (Y) Sections 102(29) and 103 of the California Desert 
     Protection Act of 1994 (Public Law 103-433).
       (Z) Division A of subtitle I of title 54, United States 
     Code (formerly known as the ``National Park Service Organic 
     Act''.
       (AA) The National Park Service General Authorities Act 
     (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
       (BB) Sections 401(7), 403, and 404 of the National Parks 
     and Recreation Act of 1978 (Public Law 95-625).
       (CC) Sections 301(a) through (f) of the Arizona Desert 
     Wilderness Act (Public Law 101-628).
       (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 403).
       (EE) The Eagle Protection Act (16 U.S.C. 668 et seq.).
       (FF) The Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.).
       (GG) The American Indian Religious Freedom Act (42 U.S.C. 
     1996).
       (HH) The Religious Freedom Restoration Act (42 U.S.C. 
     2000bb).
       (II) The National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.).
       (JJ) The Multiple Use and Sustained Yield Act of 1960 (16 
     U.S.C. 528 et seq.).
       (3) Applicability of waiver to successor laws.--If a 
     provision of law specified in paragraph (2) was repealed and 
     incorporated into title 54, United States Code, after April 
     1, 2008, and before the date of the enactment of this Act, 
     the waiver described in paragraph (1) shall apply to the 
     provision of such title that corresponds to the provision of 
     law specified in paragraph (2) to the same extent the waiver 
     applied to that provision of law.
       (4) Savings clause.--The waiver authority under this 
     subsection may not be construed as affecting, negating, or 
     diminishing in any manner the applicability of section 552 of 
     title 5, United States Code (commonly referred to as the 
     ``Freedom of Information Act''), in any relevant matter.
       (d) Protection of Legal Uses.--Nothing in this section may 
     be construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, mining, or recreation or the use of backcountry 
     airstrips, on land under the jurisdiction of the Secretary of 
     the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
       (e) Effect on State and Private Land.--This section shall 
     have no force or effect on State lands or private lands and 
     shall not provide authority, on or access to, State lands or 
     private lands.
       (f) Tribal Sovereignty.--Nothing in this section may be 
     construed to supersede, replace, negate, or diminish treaties 
     or other agreements between the United States and Indian 
     tribes.
       (g) Memoranda of Understanding.--The requirements under 
     this section shall not apply to the extent that such 
     requirements are incompatible with any memorandum of 
     understanding or similar agreement entered into between the 
     Commissioner of U.S. Customs and Border Protection and a 
     National Park Unit before, on, or after the date of the 
     enactment of this Act.
       (h) Definitions.--In this section:
       (1) Covered federal land.--The term ``covered Federal 
     land'' includes all land under the control of the Secretary 
     concerned that is located within 100 miles of the southern 
     border or the northern border.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Department of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Department of the Interior, the Secretary of the Interior.

     SEC. 1119. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

       (a) Establishment of National Border Security Advisory 
     Committee.--The Secretary shall establish a National Border 
     Security Advisory Committee, which--
       (1) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to 
     border security matters, including--
       (A) verifying security claims and the border security 
     metrics established by the Department of Homeland Security 
     under section 1092 of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223); and
       (B) discussing ways to improve the security of high traffic 
     areas along the northern border and the southern border; and
       (2) may provide, through the Secretary, recommendations to 
     Congress.
       (b) Consideration of Views.--The Secretary shall consider 
     the information, advice, and recommendations of the National 
     Border Security Advisory Committee in formulating policy 
     regarding matters affecting border security.
       (c) Membership.--The National Border Security Advisory 
     Committee shall consist of at least 1 member from each State 
     who--
       (1) has at least 5 years practical experience in border 
     security operations; or
       (2) lives and works in the United States within 80 miles of 
     the southern border or within 80 miles of the northern 
     border.
       (d) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the National Border Security Advisory Committee.

     SEC. 1120. LIMITATION ON LAND OWNER'S LIABILITY.

       Section 287 of the Immigration and Nationality Act (8 
     U.S.C. 1357) is amended by adding at the end the following:
       ``(i) Indemnity for Actions of Law Enforcement Officers.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `land' includes roads, water, watercourses, 
     and private ways, and buildings, structures, machinery, and 
     equipment that is attached to real property; and
       ``(B) the term `owner' includes the possessor of a fee 
     interest, a tenant, a lessee, an occupant, the possessor of 
     any other interest in land, and any person having a right to 
     grant permission to use the land.

[[Page S988]]

       ``(2) Reimbursement authorized.--Notwithstanding any other 
     provision of law, and subject to the availability of 
     appropriations, any owner of land located in the United 
     States within 150 miles of the southern border of the United 
     States may seek reimbursement from the Department and the 
     Secretary shall pay for any adverse final tort judgment for 
     negligence (excluding attorneys' fees and costs) authorized 
     under Federal or State tort law, arising directly from any 
     border patrol action, such as apprehensions, tracking, and 
     detention of aliens, that is conducted on privately-owned 
     land if--
       ``(A) such land owner has been found negligent by a Federal 
     or State court in any tort litigation;
       ``(B) such land owner has not already been reimbursed for 
     the final tort judgment, including outstanding attorneys' 
     fees and costs;
       ``(C) such land owner did not have or does not have 
     sufficient property insurance to cover the judgment and has 
     had an insurance claim for such coverage denied; and
       ``(D) such tort action was brought against such land owner 
     as a direct result of activity of law enforcement officers of 
     the Department of Homeland Security, acting in their official 
     capacity, on the owner's land.
       ``(3) Exceptions.--Nothing in this subsection may be 
     construed to require the Secretary to reimburse a land owner 
     under paragraph (2) for any adverse final tort judgment for 
     negligence or to limit land owner liability which would 
     otherwise exist for--
       ``(A) willful or malicious failure to guard or warn against 
     a known dangerous condition, use, structure, or activity 
     likely to cause harm;
       ``(B) maintaining an attractive nuisance;
       ``(C) gross negligence; or
       ``(D) direct interference with, or hindrance of, any agent 
     or officer of the Federal Government who is authorized to 
     enforce the immigration laws during--
       ``(i) a patrol of such landowner's land; or
       ``(ii) any action taken to apprehend or detain any alien 
     attempting to enter the United States illegally or to evade 
     execution of an arrest warrant for a violation of any 
     immigration law.
       ``(4) Savings provision.--Nothing in this subsection may be 
     construed to affect any right or remedy available pursuant to 
     chapter 171 of title 28, United States Code (commonly known 
     as the `Federal Tort Claims Act').''.

     SEC. 1121. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

       Not later than September 30, 2022, the Secretary, after 
     coordinating with the heads of the relevant Federal, State, 
     and local agencies, shall begin eradicating the carrizo cane 
     plant and any salt cedar along the Rio Grande River.

     SEC. 1122. PREVENTION, DETECTION, CONTROL, AND ERADICATION OF 
                   DISEASES AND PESTS.

       (a) Definitions.--In this section:
       (1) Animal.--The term ``animal'' means any member of the 
     animal kingdom (except a human).
       (2) Article.--The term ``article'' means any pest or 
     disease or any material or tangible object that could harbor 
     a pest or disease.
       (3) Disease.--The term ``disease'' has the meaning given 
     such term by the Secretary of Agriculture.
       (4) Livestock.--The term ``livestock'' means all farm-
     raised animals.
       (5) Means of conveyance.--The term ``means of conveyance'' 
     means any personal property used for, or intended for use 
     for, the movement of any other personal property.
       (6) Pest.--The term ``pest'' means any of the following 
     that can directly or indirectly injure, cause damage to, or 
     cause disease in human livestock, a plant, or a plant part:
       (A) A protozoan.
       (B) A plant or plant part.
       (C) An animal.
       (D) A bacterium.
       (E) A fungus.
       (F) A virus or viroid.
       (G) An infectious agent or other pathogen.
       (H) An arthropod.
       (I) A parasite or parasitic plant.
       (J) A prion.
       (K) A vector.
       (L) Any organism similar to or allied with any of the 
     organisms described in this paragraph.
       (7) Plant.--The term ``plant'' means any plant (including 
     any plant part) capable of propagation, including a tree, a 
     tissue culture, a plantlet culture, pollen, a shrub, a vine, 
     a cutting, a graft, a scion, a bud, a bulb, a root, and a 
     seed.
       (8) State.--The term ``State'' means any of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, the Commonwealth of the Northern Mariana Islands, 
     the Virgin Islands of the United States, and any territory or 
     possession of the United States.
       (b) Detection, Control, and Eradication of the Spread of 
     Diseases and Pests.--
       (1) In general.--The Secretary of Agriculture may carry out 
     operations and measures to prevent, detect, control, or 
     eradicate the spread of any pest or disease of livestock or 
     plant that threatens any segment of agriculture.
       (2) Compensation.--
       (A) In general.--The Secretary of Agriculture may pay a 
     claim arising out of--
       (i) the destruction of any animal, plant, plant part, 
     article, or means of conveyance consistent with the purposes 
     of this section; and
       (ii) implementing measures to prevent, detect, control, or 
     eradicate the spread of any pest disease of livestock or 
     plant that threatens any segment of agriculture.
       (B) Specific cooperative programs.--The Secretary of 
     Agriculture shall compensate industry participants and State 
     agencies that cooperate with the Secretary of Agriculture in 
     carrying out operations and measures under this subsection 
     for up to 100 percent of eligible costs relating to--
       (i) cooperative programs involving Federal, State, or 
     industry participants to control diseases of low or high 
     pathogenicity and pests in accordance with regulations issued 
     by the Secretary of Agriculture; and
       (ii) the construction and operation of research 
     laboratories, quarantine stations, and other buildings and 
     facilities for special purposes.
       (C) Reviewability.--The action of any officer, employee, or 
     agent of the Secretary of Agriculture under paragraph (1) 
     shall not be subject to review by any officer or employee of 
     the Federal Government other than the Secretary of 
     Agriculture or a designee of the Secretary of Agriculture.
       (c) Cooperation.--
       (1) In general.--In carrying out this section, the 
     Secretary of Agriculture may cooperate with other Federal 
     agencies, States, State agencies, political subdivisions of 
     States, national and local governments of foreign countries, 
     domestic and international organizations and associations, 
     domestic nonprofit corporations, Indian tribes, and other 
     persons.
       (2) Responsibility.--The person or other entity cooperating 
     with the Secretary of Agriculture shall be responsible for 
     the authority necessary to carry out operations or measures--
       (A) on all land and property within a foreign country or 
     State, or under the jurisdiction of an Indian tribe, other 
     than on land and property owned or controlled by the United 
     States; and
       (B) using other facilities and means, as determined by the 
     Secretary of Agriculture.
       (d) Funding.--For fiscal year 2018, and for each subsequent 
     fiscal year, the Secretary of Agriculture shall use such 
     amounts from the Commodity Credit Cooperation as may be 
     necessary to carry out operations and measures to prevent, 
     detect, control, or eradicate the spread of any pest or 
     disease of livestock or plant that threatens any segment of 
     agriculture.
       (e) Reimbursement.--The Secretary of Agriculture shall 
     reimburse any Federal agency, State, State agency, political 
     subdivision of a State, national or local government of a 
     foreign country, domestic or international organization or 
     association, domestic nonprofit corporation, Indian tribe, or 
     other person for specified costs, as prescribed by the 
     Secretary of Agriculture, in the discretion of the Secretary 
     of Agriculture, that result from cooperation with the 
     Secretary of Agriculture in carrying out operations and 
     measures under this section.

     SEC. 1123. TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT 
                   SPOTTER PREVENTION AND DETECTION.

       (a) Bringing in and Harboring Certain Aliens.--Section 
     274(a) of the Immigration and Nationality Act (8 U.S.C. 
     1324(a)) is amended--
       (1) in subsection (a)(2), in the matter preceding 
     subparagraph (A), by striking ``brings to or attempts to'' 
     and inserting ``brings to or attempts or conspires to''; and
       (2) by adding at the end the following:
       ``(5) The sentence otherwise provided for a person who has 
     brought aliens into the United States in violation of this 
     subsection may be increased by up to 10 years if that 
     person--
       ``(A) at the time of the offense, used or carried a 
     firearm; or
       ``(B) in furtherance of any such crime, possessed a 
     firearm.''.
       (b) Aiding or Assisting Certain Aliens to Enter the United 
     States.--Section 277 of the Immigration and Nationality Act 
     (8 U.S.C. 1327) is amended--
       (1) by inserting ``or attempts to aid or assist'' after 
     ``knowingly aids or assists''; and
       (2) by adding at the end the following: ``The sentence 
     otherwise provided for a person convicted of an offense under 
     this section may be increased by up to 10 years if that 
     person, at the time of the offense, used or carried a firearm 
     or who, in furtherance of any such crime, possessed a 
     firearm.''.
       (c) Destruction of United States Border Controls.--Section 
     1361 of title 18, United States Code, is amended--
       (1) by striking ``If the damage'' and inserting the 
     following:
       ``(1) Except as otherwise provided in this section, if the 
     damage''; and
       (2) by striking the semicolon and inserting a period;
       (3) by striking ``if the damage'' after ``both.'' and 
     inserting the following:
       ``(2) Except as otherwise provided in this section, if the 
     damage''; and
       (4) by adding at the end the following:
       ``(3) If the injury or depredation was made or attempted 
     against any fence, barrier, sensor, camera, or other physical 
     or electronic device deployed by the Federal Government to 
     control the border or a port of entry or otherwise was 
     intended to construct, excavate, or make any structure 
     intended to defeat, circumvent, or evade any such fence, 
     barrier, sensor camera, or other physical or electronic 
     device deployed by the Federal Government to control the 
     border or a port of entry, by a fine under this title, 
     imprisonment for not more than 15 years, or both.

[[Page S989]]

       ``(4) If the injury or depredation was described under 
     paragraph (2) and, in the commission of the offense, the 
     offender used or carried a firearm or, in furtherance of any 
     such offense, possessed a firearm, by a fine under this 
     title, imprisonment for not more than 20 years, or both.''.
       (d) Unlawfully Hindering Immigration, Border, and Customs 
     Controls.--
       (1) Enhanced penalties.--Chapter 9 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND 
                   CUSTOMS CONTROLS.

       ``(a) Illicit Spotting.--Any person who knowingly 
     transmits, by any means, to another person the location, 
     movement, or activities of any Federal, State, local, or 
     tribal law enforcement agency or officer with the intent to 
     further a Federal crime relating to United States 
     immigration, customs, controlled substances, agriculture, 
     monetary instruments, or other border controls shall be fined 
     under title 18, imprisoned not more than 10 years, or both.
       ``(b) Destruction of United States Border Controls.--Any 
     person who knowingly and without lawful authorization 
     destroys, alters, or damages any fence, barrier, sensor, 
     camera, or other physical or electronic device deployed by 
     the Federal Government to control the border or a port of 
     entry or otherwise seeks to construct, excavate, or make any 
     structure intended to defeat, circumvent, or evade any such 
     fence, barrier, sensor camera, or other physical or 
     electronic device deployed by the Federal Government to 
     control the border or a port of entry--
       ``(1) shall be fined under title 18, imprisoned not more 
     than 10 years, or both; and
       ``(2) if, at the time of the offense, the person uses or 
     carries a firearm or who, in furtherance of any such crime, 
     possesses a firearm, shall be fined under title 18, 
     imprisoned not more than 20 years, or both.
       ``(c) Conspiracy and Attempt.--Any person who attempts or 
     conspires to violate subsection (a) or (b) shall be punished 
     in the same manner as a person who completes a violation of 
     such subsection.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     inserting after the item relating to section 294 the 
     following:

``Sec. 295. Unlawfully hindering immigration, border, and customs 
              controls.''.
       (e) Carrying or Using a Firearm During and in Relation to 
     an Alien Smuggling Crime.--Section 924(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``, alien smuggling 
     crime,'' after ``crime of violence'' each place that term 
     appears; and
       (B) in subparagraph (D)(ii), by inserting ``, alien 
     smuggling crime,'' after ``crime of violence'';
       (2) by striking paragraphs (2) through (4);
       (3) by redesignating paragraph (5) as paragraph (2); and
       (4) by adding at the end the following:
       ``(3) For purposes of this subsection--
       ``(A) the term `alien smuggling crime' means any felony 
     punishable under section 274(a), 277, or 278 of the 
     Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 
     1328);
       ``(B) the term `brandish' means, with respect to a firearm, 
     to display all or part of the firearm, or otherwise make the 
     presence of the firearm known to another person, in order to 
     intimidate that person, regardless of whether the firearm is 
     directly visible to that person;
       ``(C) the term `crime of violence' means a felony offense 
     that--
       ``(i) has as an element the use, attempted use, or 
     threatened use of physical force against the person or 
     property of another; or
       ``(ii) by its nature, involves a substantial risk that 
     physical force against the person or property of another may 
     be used in the course of committing the offense; and
       ``(D) the term `drug trafficking crime' means any felony 
     punishable under the Controlled Substances Act (21 U.S.C. 801 
     et seq.), the Controlled Substances Import and Export Act (21 
     U.S.C. 951 et seq.), or chapter 705 of title 46.''.
       (f) Statute of Limitations.--Section 3298 of title 18, 
     United States Code, is amended by inserting ``, or 295'' 
     after ``274(a)''.

     SEC. 1124. SOUTHERN BORDER THREAT ANALYSIS.

       (a) Threat Analysis.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a southern border threat analysis.
       (2) Contents.--The analysis submitted under paragraph (1) 
     shall include an assessment of--
       (A) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (i) to unlawfully enter the United States through the 
     southern border; or
       (ii) to exploit security vulnerabilities along the southern 
     border;
       (B) improvements needed at and between ports of entry along 
     the southern border to prevent terrorists and instruments of 
     terror from entering the United States;
       (C) gaps in law, policy, and coordination between State, 
     local, or tribal law enforcement, international agreements, 
     or tribal agreements that hinder effective and efficient 
     border security, counterterrorism, and anti-human smuggling 
     and trafficking efforts;
       (D) the current percentage of situational awareness 
     achieved by the Department of Homeland Security along the 
     southern border;
       (E) the current percentage of operational control achieved 
     by the Department of Homeland Security along the southern 
     border; and
       (F) traveler crossing times and any potential security 
     vulnerability associated with prolonged wait times.
       (3) Analysis requirements.--In compiling the southern 
     border threat analysis under this subsection, the Secretary 
     shall consider and examine--
       (A) the technology needs and challenges, including such 
     needs and challenges identified as a result of previous 
     investments that have not fully realized the security and 
     operational benefits that were sought;
       (B) the personnel needs and challenges, including such 
     needs and challenges associated with recruitment and hiring;
       (C) the infrastructure needs and challenges;
       (D) the roles and authorities of State, local, and tribal 
     law enforcement in general border security activities;
       (E) the status of coordination among Federal, State, local, 
     tribal, and Mexican law enforcement entities relating to 
     border security;
       (F) the terrain, population density, and climate along the 
     southern border; and
       (G) the international agreements between the United States 
     and Mexico related to border security.
       (4) Classified form.--To the extent possible, the Secretary 
     shall submit the southern border threat analysis required 
     under this subsection in unclassified form, but may submit a 
     portion of the threat analysis in classified form if the 
     Secretary determines such action is appropriate.
       (b) U.S. Border Patrol Strategic Plan.--
       (1) In general.--Not later than the later of 180 days after 
     the submission of the threat analysis under subsection (a) or 
     June 30, 2018, and every 5 years thereafter, the Secretary, 
     acting through the Chief of the U.S. Border Patrol, shall 
     issue a Border Patrol Strategic Plan.
       (2) Contents.--The Border Patrol Strategic Plan required 
     under this subsection shall include a consideration of--
       (A) the southern border threat analysis required under 
     subsection (a), with an emphasis on efforts to mitigate 
     threats identified in such threat analysis;
       (B) efforts to analyze and disseminate border security and 
     border threat information between border security components 
     of the Department of Homeland Security and other appropriate 
     Federal departments and agencies with missions associated 
     with the southern border;
       (C) efforts to increase situational awareness, including--
       (i) surveillance capabilities, including capabilities 
     developed or utilized by the Department of Defense, and any 
     appropriate technology determined to be excess by the 
     Department of Defense; and
       (ii) the use of manned aircraft and unmanned aerial 
     systems, including camera and sensor technology deployed on 
     such assets;
       (D) efforts to detect and prevent terrorists and 
     instruments of terrorism from entering the United States;
       (E) efforts to detect, interdict, and disrupt aliens and 
     illicit drugs at the earliest possible point;
       (F) efforts to focus intelligence collection to disrupt 
     transnational criminal organizations outside of the 
     international and maritime borders of the United States;
       (G) efforts to ensure that any new border security 
     technology can be operationally integrated with existing 
     technologies in use by the Department of Homeland Security;
       (H) any technology required to maintain, support, and 
     enhance security and facilitate trade at ports of entry, 
     including nonintrusive detection equipment, radiation 
     detection equipment, biometric technology, surveillance 
     systems, and other sensors and technology that the Secretary 
     determines to be necessary;
       (I) operational coordination unity of effort initiatives of 
     the border security components of the Department of Homeland 
     Security, including any relevant task forces of the 
     Department of Homeland Security;
       (J) lessons learned from Operation Jumpstart and Operation 
     Phalanx;
       (K) cooperative agreements and information sharing with 
     State, local, tribal, territorial, and other Federal law 
     enforcement agencies that have jurisdiction on the northern 
     border or the southern border;
       (L) border security information received from consultation 
     with State, local, tribal, territorial, and Federal law 
     enforcement agencies that have jurisdiction on the northern 
     border or the southern border, or in the maritime 
     environment, and from border community stakeholders 
     (including through public meetings with such stakeholders), 
     including representatives from border agricultural and 
     ranching organizations and representatives from business and 
     civic organizations along the northern border or the southern 
     border;

[[Page S990]]

       (M) staffing requirements for all departmental border 
     security functions;
       (N) a prioritized list of departmental research and 
     development objectives to enhance the security of the 
     southern border;
       (O) an assessment of training programs, including training 
     programs for--
       (i) identifying and detecting fraudulent documents;
       (ii) understanding the scope of enforcement authorities and 
     the use of force policies; and
       (iii) screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking; and
       (P) an assessment of how border security operations affect 
     border crossing times.

     SEC. 1125. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.

       (a) Duties.--Section 411(c) of the Homeland Security Act of 
     2002 (6 U.S.C. 211(c)) is amended--
       (1) in paragraph (18), by striking ``and'' at the end;
       (2) by redesignating paragraph (19) as paragraph (21); and
       (3) by inserting after paragraph (18) the following:
       ``(19) administer the U.S. Customs and Border Protection 
     public private partnerships under subtitle G;
       ``(20) administer preclearance operations under the 
     Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et 
     seq.); enacted as subtitle B of title VIII of the Trade 
     Facilitation and Trade Enforcement Act of 2015; 19 U.S.C. 
     4301 et. seq.); and''.
       (b) Office of Field Operations Staffing.--Section 
     411(g)(5)(A) of the Homeland Security Act of 2002 (6 U.S.C. 
     211(g)(5)(A)) is amended by inserting before the period at 
     the end the following: ``compared to the number indicated by 
     the current fiscal year work flow staffing model''.
       (c) Implementation Plan.--Subparagraph (B) of section 
     814(e)(1) of the Preclearance Authorization Act of 2015 (19 
     U.S.C. 4433(e)(1)), as enacted in subtitle B of title VIII of 
     the Trade Facilitation and Trade Enforcement Act of 2015 (19 
     U.S.C. 4301 et seq.) is amended to read as follows:
       ``(B) a port of entry vacancy rate which compares the 
     number of officers identified in subparagraph (A) with the 
     number of officers at the port at which such officer is 
     currently assigned.''.
       (d) Definitions.--Section 411(r) of the Homeland Security 
     Act of 2002 (6 U.S.C. 211) is amended--
       (1) by striking ``this section, the terms'' and inserting 
     the following: ``this section:''
       ``(1) the terms'';
       (2) in paragraph (1), as added by subparagraph (A), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(2) the term `unmanned aerial systems' has the meaning 
     given the term `unmanned aircraft system' in section 331 of 
     the FAA Modernization and Reform Act of 2012 (Public Law 112-
     95; 49 U.S.C. 40101 note).''.

     SEC. 1126. AGENT AND OFFICER TECHNOLOGY USE.

       In carrying out section 102 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996, as amended 
     by section 1111, and in carrying out section 1112, the 
     Secretary, to the greatest extent practicable, shall ensure 
     that technology deployed to gain situational awareness and 
     operational control of the border be provided to front-line 
     officers and agents of the Department of Homeland Security.

     SEC. 1127. INTEGRATED BORDER ENFORCEMENT TEAMS.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 434. INTEGRATED BORDER ENFORCEMENT TEAMS.

       ``(a) Establishment.--The Secretary shall establish within 
     the Department a program, which shall be known as the 
     Integrated Border Enforcement Team program (referred to in 
     this section as the `IBET Program').
       ``(b) Purpose.--The Secretary shall administer the IBET 
     Program in a manner that results in a cooperative approach 
     between the United States and Canada to--
       ``(1) strengthen security between designated ports of 
     entry;
       ``(2) detect, prevent, investigate, and respond to 
     terrorism and violations of law related to border security;
       ``(3) facilitate collaboration among components and offices 
     within the Department and international partners;
       ``(4) execute coordinated activities in furtherance of 
     border security and homeland security; and
       ``(5) enhance information-sharing, including the 
     dissemination of homeland security information among such 
     components and offices.
       ``(c) Composition and Location of IBETs.--
       ``(1) Composition.--IBETs shall be led by the U.S. Border 
     Patrol and may be comprised of personnel from--
       ``(A) other subcomponents of U.S. Customs and Border 
     Protection;
       ``(B) U.S. Immigration and Customs Enforcement, led by 
     Homeland Security Investigations;
       ``(C) the Coast Guard, for the purpose of securing the 
     maritime borders of the United States;
       ``(D) other Department personnel, as appropriate;
       ``(E) other Federal departments and agencies, as 
     appropriate;
       ``(F) appropriate State law enforcement agencies;
       ``(G) foreign law enforcement partners;
       ``(H) local law enforcement agencies from affected border 
     cities and communities; and
       ``(I) appropriate tribal law enforcement agencies.
       ``(2) Location.--The Secretary is authorized to establish 
     IBETs in regions in which such teams can contribute to IBET 
     missions, as appropriate. When establishing an IBET, the 
     Secretary shall consider--
       ``(A) whether the region in which the IBET would be 
     established is significantly impacted by cross-border 
     threats;
       ``(B) the availability of Federal, State, local, tribal, 
     and foreign law enforcement resources to participate in an 
     IBET; and
       ``(C) whether, in accordance with paragraph (3), other 
     joint cross-border initiatives already take place within the 
     region in which the IBET would be established, including 
     other Department cross-border programs such as the Integrated 
     Cross-Border Maritime Law Enforcement Operation Program 
     established under section 711 of the Coast Guard and Maritime 
     Transportation Act of 2012 (46 U.S.C. 70101 note) or the 
     Border Enforcement Security Task Force established under 
     section 432.
       ``(3) Duplication of efforts.--In determining whether to 
     establish a new IBET or to expand an existing IBET in a given 
     region, the Secretary shall ensure that the IBET under 
     consideration does not duplicate the efforts of other 
     existing interagency task forces or centers within such 
     region, including the Integrated Cross-Border Maritime Law 
     Enforcement Operation Program established under section 711 
     of the Coast Guard and Maritime Transportation Act of 2012 
     (46 U.S.C. 70101 note) or the Border Enforcement Security 
     Task Force established under section 432.
       ``(d) Operation.--
       ``(1) In general.--After determining the regions in which 
     to establish IBETs, the Secretary may--
       ``(A) direct the assignment of Federal personnel to such 
     IBETs; and
       ``(B) take other actions to assist Federal, State, local, 
     and tribal entities to participate in such IBETs, including 
     providing financial assistance, as appropriate, for 
     operational, administrative, and technological costs 
     associated with such participation.
       ``(2) Limitation.--Coast Guard personnel assigned under 
     paragraph (1) may be assigned only for the purposes of 
     securing the maritime borders of the United States, in 
     accordance with subsection (c)(1)(C).
       ``(e) Coordination.--The Secretary shall coordinate the 
     IBET Program with other similar border security and 
     antiterrorism programs within the Department in accordance 
     with the strategic objectives of the Cross-Border Law 
     Enforcement Advisory Committee.
       ``(f) Memoranda of Understanding.--The Secretary may enter 
     into memoranda of understanding with appropriate 
     representatives of the entities specified in subsection 
     (c)(1) necessary to carry out the IBET Program. Such 
     memoranda with entities specified in subsection (c)(1)(G) 
     shall be entered into with the concurrence of the Secretary 
     of State.
       ``(g) Report.--Not later than 180 days after the date on 
     which an IBET is established, and biannually thereafter for 
     the following 6 years, the Secretary shall submit a report to 
     the appropriate congressional committees, including the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives, and in the case of Coast Guard 
     personnel used to secure the maritime borders of the United 
     States, to the Committee on Transportation and Infrastructure 
     of the House of Representatives, that--
       ``(1) describes the effectiveness of IBETs in fulfilling 
     the purposes specified in subsection (b);
       ``(2) assesses the impact of certain challenges on the 
     sustainment of cross-border IBET operations, including 
     challenges faced by international partners;
       ``(3) addresses ways to support joint training for IBET 
     stakeholder agencies and radio interoperability to allow for 
     secure cross-border radio communications; and
       ``(4) assesses how IBETs, Border Enforcement Security Task 
     Forces, and the Integrated Cross-Border Maritime Law 
     Enforcement Operation Program can better align operations, 
     including interdiction and investigation activities.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     adding after the item relating to section 433 the following:

``Sec. 434. Integrated Border Enforcement Teams.''.

     SEC. 1128. LAND USE OR ACQUISITION.

       Section 103(b) of the Immigration and Nationality Act (8 
     U.S.C. 1103) is amended to read as follows:
       ``(b)(1) The Secretary may lease, contract for, or buy any 
     interest in land, including temporary use rights, adjacent to 
     or in the vicinity of an international land border when the 
     Secretary determines that such land is essential to control 
     and guard the boundaries and borders of the United States 
     against any violation of this Act.
       ``(2) The Secretary may lease, contract for, or buy any 
     interest in land described in paragraph (1) if--

[[Page S991]]

       ``(A) the lawful owner of that interest fixes a price for 
     leasing, contracting, or buying such interest; and
       ``(B) the Secretary considers the price referred to in 
     subparagraph (A) to be reasonable.
       ``(3) If the Secretary and the lawful owner of an interest 
     in land described in paragraph (1) are unable to agree to 
     lease, contract for, or buy such interest at a reasonable 
     price for such lease, contract, or purchase, the Secretary 
     may commence condemnation proceedings pursuant to the Act of 
     August 1, 1888 (Chapter 728; 25 Stat. 357).
       ``(4) The Secretary may accept, on behalf of the United 
     States, a gift of any interest in land described in paragraph 
     (1)''.

     SEC. 1129. TUNNEL TASK FORCES.

       The Secretary is authorized to establish Tunnel Task Forces 
     for the purposes of detecting and remediating tunnels that 
     breach the international borders of the United States.

     SEC. 1130. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM 
                   IN SUPPORT OF BORDER SECURITY OPERATIONS.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection, in consultation with the Assistant 
     Secretary of Commerce for Communications and Information, 
     shall conduct a pilot program to test and evaluate the use of 
     electromagnetic spectrum by U.S. Customs and Border 
     Protection in support of border security operations through--
       (1) ongoing management and monitoring of spectrum to 
     identify threats such as unauthorized spectrum use, and the 
     jamming and hacking of United States communications assets, 
     by persons engaged in criminal enterprises;
       (2) automated spectrum management to enable greater 
     efficiency and speed for U.S. Customs and Border Protection 
     in addressing emerging challenges in overall spectrum use on 
     the United States border; and
       (3) coordinated use of spectrum resources to better 
     facilitate interoperability and interagency cooperation and 
     interdiction efforts at or near the United States border.
       (b) Report to Congress.--Not later than 180 days after the 
     conclusion of the pilot program under subsection (a), the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit a report to the Committee on Homeland Security of the 
     House of Representatives, the Committee on Energy and 
     Commerce of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate that contains the findings and data derived from such 
     pilot program.

     SEC. 1131. FOREIGN MIGRATION ASSISTANCE.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by 
     section 1127, is further amended by adding at the end the 
     following:

     ``SEC. 435. FOREIGN MIGRATION ASSISTANCE.

       ``(a) In General.--The Secretary, with the concurrence of 
     the Secretary of State, may provide, to a foreign government, 
     financial assistance for foreign country operations to 
     address migration flows that may affect the United States.
       ``(b) Determination.--Assistance provided under subsection 
     (a) may be provided only if such assistance would enhance the 
     recipient government's capacity to address irregular 
     migration flows that may affect the United States, including 
     any detention or removal operations of the recipient 
     government, including procedures to screen and provide 
     protection for certain individuals.
       ``(c) Reimbursement of Expenses.--The Secretary may, if 
     appropriate, seek reimbursement from the receiving foreign 
     government for the provision of financial assistance under 
     this section.
       ``(d) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any reimbursement collected pursuant to subsection (c) 
     shall--
       ``(1) be credited as offsetting collections to the account 
     that finances the security assistance under this section for 
     which such reimbursement is received; and
       ``(2) shall remain available until expended for the purpose 
     of carrying out this section.
       ``(e) Effective Period.--The authority provided under this 
     section shall remain in effect until September 30, 2022.
       ``(f) Development and Program Executive.--The Secretary and 
     the Secretary of State shall jointly develop and implement 
     any financial assistance under this section.
       ``(g) Rule of Construction.--Nothing in this section may be 
     construed as affecting, augmenting, or diminishing the 
     authority of the Secretary of State.
       ``(h) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated 
     $50,000,000,000 for the 5-year period ending on September 30, 
     2022, to carry out this section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 434, as added by 
     section 1127, the following:

``Sec. 435. Security assistance.''.

                          CHAPTER 2--PERSONNEL

     SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
                   AGENTS AND OFFICERS.

       (a) Border Patrol Agents.--Not later than September 30, 
     2022, the Commissioner of U.S. Customs and Border Protection 
     shall hire, train, and assign sufficient agents to maintain 
     an active duty presence of not fewer than 26,370 full-time 
     equivalent agents.
       (b) CBP Officers.--In addition to positions authorized 
     before the date of the enactment of this Act and any existing 
     officer vacancies within U.S. Customs and Border Protection 
     as of such date, the Commissioner shall hire, train, and 
     assign to duty, not later than September 30, 2022--
       (1) sufficient U.S. Customs and Border Protection officers 
     to maintain an active duty presence of not fewer than 27,725 
     full-time equivalent officers; and
       (2) 350 full-time support staff distributed among all 
     United States ports of entry.
       (c) Air and Marine Operations.--Not later than September 
     30, 2022, the Commissioner of U.S. Customs and Border 
     Protection shall hire, train, and assign sufficient agents 
     for Air and Marine Operations of U.S. Customs and Border 
     Protection to maintain not fewer than 1,675 full-time 
     equivalent agents and not fewer than 264 Marine and Air 
     Interdiction Agents for southern border air and maritime 
     operations.
       (d) U.S. Customs and Border Protection K-9 Units and 
     Handlers.--
       (1) K-9 units.--Not later than September 30, 2022, the 
     Commissioner shall deploy not fewer than 300 new K-9 units, 
     with supporting officers of U.S. Customs and Border 
     Protection and other required staff, at land ports of entry 
     and checkpoints, on the southern border and the northern 
     border.
       (2) Use of canines.--The Commissioner shall prioritize the 
     use of canines at the primary inspection lanes at land ports 
     of entry and checkpoints.
       (e) U.S. Customs and Border Protection Horseback Units.--
       (1) Increase.--Not later than September 30, 2022, the 
     Commissioner shall increase the number of horseback units, 
     with supporting officers of U.S. Customs and Border 
     Protection and other required staff, by not fewer than 100 
     officers and 50 horses for security patrol along the Southern 
     border.
       (2) Horse unit support.--The Commissioner of U.S. Customs 
     and Border Protection shall construct new stables, maintain 
     and improve existing stables, and provide other resources 
     needed to maintain the health and well-being of the horses 
     that serve in the horseback units.
       (f) U.S. Customs and Border Protection Search Trauma and 
     Rescue Teams.--Not later than September 30, 2022, the 
     Commissioner shall increase by not fewer than 50 the number 
     of officers engaged in search and rescue activities along the 
     southern border.
       (g) U.S. Customs and Border Protection Tunnel Detection and 
     Technology Program.--Not later than September 30, 2022, the 
     Commissioner shall increase by not fewer than 50 the number 
     of officers assisting task forces and activities related to 
     deployment and operation of border tunnel detection 
     technology and apprehensions of individuals using such 
     tunnels for crossing into the United States, drug 
     trafficking, or human smuggling.
       (h) Agricultural Specialists.--Not later than September 30, 
     2022, the Secretary shall hire, train, and assign to duty, in 
     addition to the officers and agents authorized under 
     subsections (a) through (g), 631 U.S. Customs and Border 
     Protection agricultural specialists to ports of entry along 
     the southern border and the northern border.
       (i) Office of Professional Responsibility.--Not later than 
     September 30, 2022, the Commissioner shall hire, train, and 
     assign sufficient Office of Professional Responsibility 
     special agents to maintain an active duty presence of not 
     fewer than 550 full-time equivalent special agents.
       (j) Office of Intelligence.--Not later than September 30, 
     2022, the Commissioner shall hire, train, and assign 
     sufficient Office of Intelligence personnel to maintain not 
     fewer than 700 full-time equivalent employees.
       (k) GAO Report.--If the staffing levels required under this 
     section are not achieved by September 30, 2022, the 
     Comptroller General of the United States shall conduct a 
     review of the reasons why such levels were not achieved.

     SEC. 1142. FAIR LABOR STANDARDS FOR BORDER PATROL AGENTS.

       (a) In General.--Section 7 of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 207) is amended by adding at the end the 
     following:
       ``(s) Employment as a Border Patrol Agent.--No public 
     agency shall be deemed to have violated subsection (a) with 
     respect to the employment of any border patrol agent (as 
     defined in section 5550(1) of title 5, United States Code) 
     if, during a work period of 14 consecutive days, the border 
     patrol agent receives compensation at a rate that is not less 
     than 150 percent of the regular rate at which the agent is 
     employed for all hours of work from 80 hours to 100 hours. 
     Payments required under this section shall be in additional 
     to any payments made under section 5550 of title 5, United 
     States Code, and shall be made notwithstanding any pay 
     limitations set forth in that title.''.
       (b) Technical and Conforming Amendments.--Section 13(a) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is 
     amended--
       (1) in paragraph (16), by adding ``or'' at the end;
       (2) in paragraph (17), in the undesignated matter following 
     subparagraph (D), by striking ``; or'' and inserting a 
     period; and
       (3) by striking paragraph (18).

[[Page S992]]

  


     SEC. 1143. U.S. CUSTOMS AND BORDER PROTECTION RETENTION 
                   INCENTIVES.

       (a) In General.--Chapter 97 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``SEC. 9702. U.S. CUSTOMS AND BORDER PROTECTION TEMPORARY 
                   EMPLOYMENT AUTHORITIES.

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `CBP employee' means an employee of U.S. 
     Customs and Border Protection described under any of 
     subsections (a) through (h) of section 1141 of the Building 
     America's Trust Act;
       ``(2) the term `Commissioner' means the Commissioner of 
     U.S. Customs and Border Protection;
       ``(3) the term `Director' means the Director of the Office 
     of Personnel Management;
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security; and
       ``(5) the term `appropriate congressional committees' 
     means--
       ``(A) the Committee on Oversight and Government Reform of 
     the House of Representatives;
       ``(B) the Committee on Homeland Security of the House of 
     Representatives;
       ``(C) the Committee on Ways and Means of the House of 
     Representatives;
       ``(D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(E) the Committee on Finance of the Senate.
       ``(b) Direct Hire Authority; Recruitment and Relocation 
     Bonuses; Retention Bonuses.--
       ``(1) Statement of purpose and limitation.--The purpose of 
     this subsection is to allow U.S. Customs and Border 
     Protection to expeditiously meet the hiring goals and 
     staffing levels required under section 1141 of the Building 
     America's Trust Act. The Secretary may not use such authority 
     beyond meeting the requirements under such section.
       ``(2) Direct hire authority.--The Secretary may appoint, 
     without regard to any provision of sections 3309 through 
     3319, candidates to positions in the competitive service as 
     CBP employees if the Secretary has given public notice for 
     the positions.
       ``(3) Recruitment and relocation bonuses.--The Secretary 
     may pay a recruitment or relocation bonus of up to 50 percent 
     of the annual rate of basic pay to an individual CBP employee 
     at the beginning of the service period multiplied by the 
     number of years (including a fractional part of a year) in 
     the required service period to an individual (other than an 
     individual described in subsection (a)(2) of section 5753) 
     if--
       ``(A) the Secretary determines that conditions consistent 
     with the conditions described in paragraphs (1) and (2) of 
     subsection (b) of section 5753 are satisfied with respect to 
     the individual (without regard to the regulations referenced 
     in section 5753(b)(2)(B(ii)(I) or to any other provision of 
     section 5753); and
       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(4) Retention bonuses.--The Secretary may pay a retention 
     bonus of up to 50 percent of basic pay to an individual CBP 
     employee (other than an individual described in subsection 
     (a)(2) of section 5754) if--
       ``(A) the Secretary determines that--
       ``(i) a condition consistent with the condition described 
     in subsection (b)(1) of section 5754 is satisfied with 
     respect to the CBP employee (without regard to any other 
     provision of that section);
       ``(ii) in the absence of a retention bonus, the CBP 
     employee would be likely to leave--

       ``(I) the Federal service; or
       ``(II) for a different position in the Federal service, 
     including a position in another agency or component of the 
     Department of Homeland Security; and

       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements under this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(5) Rules for bonuses.--
       ``(A) Maximum bonus.--A bonus paid to an employee--
       ``(i) under paragraph (3) may not exceed 100 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period; and
       ``(ii) under paragraph (4) may not exceed 50 percent of the 
     annual rate of basic pay of the employee.
       ``(B) Relationship to basic pay.--A bonus paid to an 
     employee under paragraph (3) or (4) shall not be considered 
     part of the basic pay of the employee for any purpose, 
     including for retirement or in computing a lump-sum payment 
     to the covered employee for accumulated and accrued annual 
     leave under section 5551 or section 5552.
       ``(C) Period of service for recruitment, relocation, and 
     retention bonuses.--
       ``(i) In general.--A bonus paid to an employee under 
     paragraph (4) may not be based on any period of such service 
     which is the basis for a recruitment or relocation bonus 
     under paragraph (3).
       ``(ii) Further limitation.--A bonus paid to an employee 
     under paragraph (3) or (4) may not be based on any period of 
     service which is the basis for a recruitment or relocation 
     bonus under section 5753 or a retention bonus under section 
     5754.
       ``(c) Special Rates of Pay.--In addition to the 
     circumstances described in subsection (b) of section 5305, 
     the Director may establish special rates of pay in accordance 
     with that section to assist the Secretary in meeting the 
     requirements of section 1141 of the Building America's Trust 
     Act. The Director shall prioritize the consideration of 
     requests from the Secretary for such special rates of pay and 
     issue a decision as soon as practicable. The Secretary shall 
     provide such information to the Director as the Director 
     deems necessary to evaluate special rates of pay under this 
     subsection.
       ``(d) OPM Oversight.--
       ``(1) Report.--Not later than September 30 of each year, 
     the Secretary shall submit a report to the Director on U.S. 
     Customs and Border Protection's use of authorities provided 
     under subsections (b) and (c). In each report, the Secretary 
     shall provide such information as the Director determines is 
     appropriate to ensure appropriate use of authorities under 
     such subsections. Each report shall also include an 
     assessment of--
       ``(A) the impact of the use of authorities under 
     subsections (b) and (c) on implementation of section 1141 of 
     the Building America's Trust Act;
       ``(B) solving hiring and retention challenges at the 
     agency, including at specific locations;
       ``(C) whether hiring and retention challenges still exist 
     at the agency or specific locations; and
       ``(D) whether the Secretary needs to continue to use 
     authorities provided under this section at the agency or at 
     specific locations.
       ``(2) Consideration.--In compiling each report under 
     paragraph (1), the Secretary shall consider--
       ``(A) whether any CBP employee accepted an employment 
     incentive under subsection (b) and (c) and then transferred 
     to a new location or left U.S. Customs and Border Protection; 
     and
       ``(B) the length of time that each employee identified 
     under subparagraph (A) stayed at the original location before 
     transferring to a new location or leaving U.S. Customs and 
     Border Protection.
       ``(3) Distribution.--In addition to the Director, the 
     Secretary shall submit each report required under this 
     subsection to the appropriate congressional committees.
       ``(e) OPM Action.--If the Director determines that the 
     Secretary has inappropriately used the authority under 
     subsection (b) or a special rate of pay authorized under 
     subsection (c), the Director shall submit written 
     notification to the appropriate congressional committees. 
     Upon receipt of such notification, the Secretary may not make 
     any new appointments or issue any new bonuses under 
     subsection (b), or provide CBP employees with further special 
     rates of pay, until the Director has submitted written notice 
     to the Secretary and the appropriate congressional committees 
     stating that the Director is satisfied that safeguards are in 
     place to prevent further inappropriate use.
       ``(f) Improving CBP Hiring and Retention.--
       ``(1) Education of cbp hiring officials.--Not later than 
     180 days after the date of the enactment of this section, and 
     in conjunction with the Chief Human Capital Officer of the 
     Department of Homeland Security, the Secretary shall develop 
     and implement a strategy to improve the education regarding 
     hiring and human resources flexibilities (including hiring 
     and human resources flexibilities for locations in rural or 
     remote areas) for all employees, serving in agency 
     headquarters or field offices, who are involved in the 
     recruitment, hiring, assessment, or selection of candidates 
     for locations in a rural or remote area, as well as the 
     retention of current employees.
       ``(2) Elements.--Elements of the strategy developed under 
     paragraph (1) shall include--
       ``(A) developing or updating training and educational 
     materials on hiring and human resources flexibilities for 
     employees who are involved in the recruitment, hiring, 
     assessment, or selection of candidates, as well as the 
     retention of current employees;
       ``(B) regular training sessions for personnel who are 
     critical to filling open positions in rural or remote areas;
       ``(C) the development of pilot programs or other programs, 
     as appropriate, consistent with authorities provided to the 
     Secretary to

[[Page S993]]

     address identified hiring challenges, including in rural or 
     remote areas;
       ``(D) developing and enhancing strategic recruiting efforts 
     through the relationships with institutions of higher 
     education (as defined in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002)), veterans transition and 
     employment centers, and job placement program in regions that 
     could assist in filling positions in rural or remote areas;
       ``(E) examination of existing agency programs to determine 
     how to most effectively aid spouses and families of 
     individuals who are candidates or new hires in a rural or 
     remote area;
       ``(F) feedback from individuals who are candidates or new 
     hires at locations in a rural or remote area, including 
     feedback on the quality of life in rural or remote areas for 
     new hires and their families;
       ``(G) feedback from CBP employees, other than new hires, 
     who are stationed at locations in a rural or remote area, 
     including feedback on the quality of life in rural or remote 
     areas for those CBP employees and their families; and
       ``(H) evaluation of Department of Homeland Security 
     internship programs and the usefulness of such programs in 
     improving hiring by the Secretary in rural or remote areas.
       ``(3) Evaluation.--
       ``(A) In general.--Each year the Secretary shall--
       ``(i) evaluate the extent to which the strategy developed 
     and implemented under paragraph (1) has improved the hiring 
     and retention ability of the Secretary; and
       ``(ii) make any appropriate updates to the strategy 
     developed under paragraph (1).
       ``(B) Information.--The evaluation under subparagraph (A) 
     shall include--
       ``(i) any reduction in the time taken by the Secretary to 
     fill mission-critical positions, including in rural or remote 
     areas;
       ``(ii) a general assessment of the impact of the strategy 
     implemented under paragraph (1) on hiring challenges, 
     including in rural or remote areas; and
       ``(iii) other information the Secretary determines 
     relevant.
       ``(g) Inspector General Review.--Not later than 2 years 
     after the date of the enactment of this section, the 
     Inspector General of the Department of Homeland Security 
     shall review the use of hiring and pay flexibilities under 
     subsections (b) and (c) to determine whether the use of such 
     flexibilities is helping the Secretary meet hiring and 
     retention needs, including in rural and remote areas.
       ``(h) Report on Polygraph Requests.--The Secretary shall 
     submit a report to the appropriate congressional committees 
     that identifies the number of requests the Secretary has 
     received from any other Federal agency for the file of an 
     applicant for a position in U.S. Customs and Border 
     Protection that includes the results of a polygraph 
     examination.
       ``(i) Exercise of Authority.--
       ``(1) Sole discretion.--The exercise of authority under 
     subsection (b) shall be subject to the sole and exclusive 
     discretion of the Secretary (or the Commissioner, as 
     applicable under paragraph (2) of this subsection), 
     notwithstanding chapter 71 and any collective bargaining 
     agreement.
       ``(2) Delegation.--The Secretary may delegate any authority 
     under this section to the Commissioner.
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed to exempt the Secretary or the Director from 
     applicability of the merit system principles under section 
     2301.
       ``(k) Sunset.--The authorities under subsections (b) and 
     (c) shall terminate on September 30, 2022. Any bonus to be 
     paid pursuant to subsection (b) that is approved before such 
     date may continue until such bonus has been paid, subject to 
     the conditions specified in this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 5, United States Code, is 
     amended by adding at the end the following:

``9702. U.S. Customs and Border Protection temporary employment 
              authorities.''.
       (c) Overtime Limitation.--Section 5(c)(1) of the Act of 
     February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by 
     striking ``$25,000'' and inserting ``$45,000''.

     SEC. 1144. RATE OF PAY FOR U.S. IMMIGRATION AND CUSTOMS 
                   ENFORCEMENT OFFICERS AND AGENTS.

       (a) In General.--Section 5545a of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(l)(1) The provisions of subsections (a) through (h), 
     providing for availability pay, shall apply to a law 
     enforcement officer employed by U.S. Immigration and Customs 
     Enforcement who is authorized to carry out the powers or 
     authorities under section 287 of the Immigration and 
     Nationality Act (8 U.S.C. 1357) or section 589 of the Tariff 
     Act of 1930 (19 U.S.C. 1589a) and who would not otherwise be 
     covered by such subsections.
       ``(2) For the purposes of this section, section 5542(d) of 
     this title, and subsections (a)(16) and (b)(30) of section 13 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), an 
     officer described in paragraph (1) shall be deemed to be a 
     criminal investigator.''.
       (b) Rulemaking.--The Director of the Office of Personnel 
     Management may prescribe regulations to carry out section 
     5545a(l) of title 5, United States Code, as added by 
     subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first applicable 
     pay period beginning on or after the date that is 90 days 
     after the date of the enactment of this Act.

     SEC. 1145. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

       (a) Short Title.--This section may be cited as the ``Anti-
     Border Corruption Reauthorization Act of 2018''.
       (b) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Waiver Authority.--The Commissioner of U.S. Customs 
     and Border Protection may waive the application of subsection 
     (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than 3 years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) has, during the past 10 years, successfully completed 
     a polygraph examination as a condition of employment with 
     such officer's current law enforcement agency;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than 3 years;
       ``(B) is authorized to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation; and
       ``(3) to a member of the Armed Forces (or a reserve 
     component thereof) or a veteran, if such individual--
       ``(A) has served in the Armed Forces for not fewer than 3 
     years;
       ``(B) holds, or has held within the past 5 years, a Secret, 
     Top Secret, or Top Secret/Sensitive Compartmented Information 
     clearance;
       ``(C) holds, or has undergone within the past 5 years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to subparagraph (B).
       ``(c) Termination of Waiver Authority.--The authority to 
     issue a waiver under subsection (b) shall terminate on the 
     date that is 4 years after the date of the enactment of the 
     SECURE and SUCCEED Act.''.
       (c) Supplemental Commissioner Authority and Definitions.--
       (1) Supplemental commissioner authority.--Section 4 of the 
     Anti-Border Corruption Act of 2010 (Public Law 111-376) is 
     amended to read as follows:

     ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Nonexemption.--An individual who receives a waiver 
     under section 3(b) is not exempt from other hiring 
     requirements relating to suitability for employment and 
     eligibility to hold a national security designated position, 
     as determined by the Commissioner of U.S. Customs and Border 
     Protection.
       ``(b) Background Investigations.--Any individual who 
     receives a waiver under section 3(b) and holds a current Tier 
     4 background investigation shall be subject to a Tier 5 
     background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for, or receives a 
     waiver under, section 3(b) if information is discovered 
     before the completion of a background investigation that 
     results in a determination that a polygraph examination is 
     necessary to make a final determination regarding suitability 
     for employment or continued employment, as the case may 
     be.''.
       (2) Report.--The Anti-Border Corruption Act of 2010, as 
     amended by paragraph (1), is further amended by adding at the 
     end the following:

     ``SEC. 5. REPORTING.

       ``(a) Annual Report.--Not later than 1 year after the date 
     of the enactment of this section, and annually thereafter 
     while the waiver authority under section 3(b) is in effect, 
     the Commissioner of U.S. Customs and Border Protection shall 
     submit a report to Congress that includes, with respect to 
     each such reporting period--
       ``(1) the number of waivers requested, granted, and denied 
     under section 3(b);

[[Page S994]]

       ``(2) the reasons for any denials of such waiver;
       ``(3) the percentage of applicants who were hired after 
     receiving a waiver;
       ``(4) the number of instances that a polygraph was 
     administered to an applicant who initially received a waiver 
     and the results of such polygraph;
       ``(5) an assessment of the current impact of the polygraph 
     waiver program on filling law enforcement positions at U.S. 
     Customs and Border Protection; and
       ``(6) additional authorities needed by U.S. Customs and 
     Border Protection to better utilize the polygraph waiver 
     program for its intended goals.
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential employees for suitability; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).''.
       (3) Definitions.--The Anti-Border Corruption Act of 2010, 
     as amended by paragraphs (1) and (2), is further amended by 
     adding at the end the following:

     ``SEC. 6. DEFINITIONS.

       ``In this Act:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' has the meaning given the term `law 
     enforcement officer' in sections 8331(20) and 8401(17) of 
     title 5, United States Code.
       ``(2) Serious military or civil offense.--The term `serious 
     military or civil offense' means an offense for which--
       ``(A) a member of the Armed Forces may be discharged or 
     separated from service in the Armed Forces; and
       ``(B) a punitive discharge is, or would be, authorized for 
     the same or a closely related offense under the Manual for 
     Court-Martial, as pursuant to Army Regulation 635-200 chapter 
     14-12.
       ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
     respect to background investigations have the meaning given 
     such terms under the 2012 Federal Investigative Standards.
       ``(4) Veteran.--The term `veteran' has the meaning given 
     such term in section 101(2) of title 38, United States 
     Code.''.
       (d) Polygraph Examiners.--Not later than September 30, 
     2022, the Secretary shall increase to not fewer than 150 the 
     number of trained full-time equivalent polygraph examiners 
     for administering polygraphs under the Anti-Border Corruption 
     Act of 2010, as amended by this section.

     SEC. 1146. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS 
                   AND BORDER PROTECTION.

       (a) In General.--Section 411(l) of the Homeland Security 
     Act of 2002 (6 U.S.C. 211(l)) is amended to read as follows:
       ``(l) Training and Continuing Education.--
       ``(1) Mandatory training and continuing education.--The 
     Commissioner shall ensure that every agent and officer of 
     U.S. Customs and Border Protection receives at least 21 weeks 
     of training that is directly related to the mission of the 
     U.S. Border Patrol, Air and Marine, and the Office of Field 
     Operations before the initial assignment of such agents and 
     officers.
       ``(2) FLETC.--The Commissioner shall work in consultation 
     with the Director of the Federal Law Enforcement Training 
     Centers to establish guidelines and curriculum for the 
     training of agents and officers of U.S. Customs and Border 
     Protection under subsection (a).
       ``(3) Continuing education.--The Commissioner shall require 
     all agents and officers of U.S. Customs and Border Protection 
     who are required to undergo training under subsection (a) to 
     participate in not fewer than 8 hours of continuing education 
     annually to maintain and update understanding of Federal 
     legal rulings, court decisions, and Department policies, 
     procedures, and guidelines related to relevant subject 
     matters.
       ``(4) Leadership training.--Not later than 1 year after the 
     date of the enactment of the Ensuring Family Reunification 
     Act of 2018, the Commissioner shall develop and require 
     training courses geared towards the development of leadership 
     skills for mid- and senior-level career employees not later 
     than 1 year after such employees assume duties in supervisory 
     roles.''.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     to the Committee on Finance of the Senate, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Ways and Means of the 
     House of Representatives that identifies the guidelines and 
     curriculum established to carry out subsection (l) of section 
     411 of the Homeland Security Act of 2002, as amended by 
     subsection (a).
       (c) Assessment.--Not later than 4 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Ways and Means of the House of Representatives, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Finance of the Senate 
     that assesses the training and education, including 
     continuing education, required under subsection (l) of 
     section 411 of the Homeland Security Act of 2002, as amended 
     by subsection (a).

     SEC. 1147. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS 
                   ENFORCEMENT PERSONNEL.

       (a) Enforcement and Removal Officers.--By not later than 
     September 30, 2022, the Director of U.S. Immigration and 
     Customs Enforcement shall increase the number of trained, 
     full-time, active duty U.S. Immigration and Customs 
     Enforcement Enforcement and Removal Operations law 
     enforcement officers performing interior immigration 
     enforcement functions by not fewer than 8,500.
       (b) Homeland Security Investigations Special Agents.--By 
     not later than September 30, 2022, the Director of U.S. 
     Immigration and Customs Enforcement shall increase the number 
     of trained, full-time, active duty Homeland Security 
     Investigations special agents by not fewer than 1,500.
       (c) Border Enforcement Security Task Force.--By not later 
     than September 30, 2022, the Director of U.S. Immigration and 
     Customs Enforcement shall assign not fewer than 100 Homeland 
     Security Investigations special agents to the Border 
     Enforcement Security Task Force Program established under 
     section 432 of the Homeland Security Act of 2002 (6 U.S.C. 
     240).

     SEC. 1148. OTHER IMMIGRATION AND LAW ENFORCEMENT PERSONNEL.

       (a) Department of Justice.--
       (1) United states attorneys.--By not later than September 
     30, 2022, in addition to positions authorized before the date 
     of the enactment of this Act and any existing attorney 
     vacancies within the Department of Justice on such date of 
     enactment, the Attorney General shall--
       (A) increase by not fewer than 100 the number of Assistant 
     United States Attorneys; and
       (B) increase by not fewer than 50 the number of Special 
     Assistant United States Attorneys in the United States 
     Attorneys' office to litigate denaturalization and other 
     immigration cases in the Federal courts.
       (2) Immigration judges.--
       (A) Additional immigration judges.--By not later than 
     September 30, 2022, in addition to positions authorized 
     before the date of the enactment of this Act and any existing 
     vacancies within the Department of Justice on such date of 
     enactment, the Attorney General shall increase by 200 the 
     number of trained full-time immigration judges.
       (B) Facilities, support personnel, and full-time 
     interpreters.--The Attorney General is authorized to procure 
     space, temporary facilities, support staff, and full-time 
     interpreters on an expedited basis, to accommodate the 
     additional immigration judges authorized under subparagraph 
     (A).
       (3) Board of immigration appeals.--
       (A) Board members.--By not later than September 30, 2022, 
     the Attorney General shall increase the number of Board 
     Members authorized to serve on the Board of Immigration 
     Appeals to 25.
       (B) Staff attorneys.--By not later than September 30, 2022, 
     in addition to positions authorized before the date of the 
     enactment of this Act and any existing staff attorney 
     vacancies within the Department of Justice on such date of 
     enactment, the Attorney General shall increase the number of 
     staff attorneys assigned to support the Board of Immigration 
     Appeals by not fewer than 50.
       (C) Facilities and support personnel.--The Attorney General 
     is authorized to procure space, temporary facilities, and 
     required administrative support staff, on an expedited basis, 
     to accommodate the additional Board Members authorized under 
     subparagraph (A).
       (4) Office of immigration litigation.--By not later than 
     September 30, 2022, in addition to positions authorized 
     before the date of the enactment of this Act and any existing 
     vacancies within the Department of Justice on such date of 
     enactment, the Attorney General shall increase by not fewer 
     than 100 the number of attorneys for the Office of 
     Immigration Litigation.
       (b) Department of Homeland Security.--
       (1) Fraud detection and national security officers.--By not 
     later than September 30, 2022, in addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing officer vacancies within the Department of 
     Homeland Security on such date of enactment, the Director of 
     U.S. Citizenship and Immigration Services shall increase by 
     not fewer than 100 the number of trained full-time active 
     duty Fraud Detection and National Security (FDNS) officers.
       (2) ICE homeland security investigations forensic document 
     laboratory personnel.--By not later than September 30, 2022, 
     in addition to positions authorized before the date of the 
     enactment of this Act and any existing officer vacancies 
     within the Department of Homeland Security on such date of 
     enactment, the Director of U.S. Immigration and Customs 
     Enforcement shall increase--
       (A) the number of trained, full-time Forensic Document 
     Laboratory Examiners by 15;
       (B) the number of trained, full-time Fingerprint 
     Specialists by 15;
       (C) the number of trained, full-time Intelligence Officers 
     by 10; and
       (D) the number of trained, full-time administrative staff 
     by 3.
       (3) Immigration attorneys.--

[[Page S995]]

       (A) Office of the principal legal advisor attorneys.--By 
     not later than September 30, 2022, in addition to positions 
     authorized before the date of the enactment of this Act and 
     any existing attorney vacancies within the Department of 
     Homeland Security on such date of enactment, the Director of 
     U.S. Immigration and Customs Enforcement shall increase the 
     number of trained, full-time, active duty Office of Principal 
     Legal Advisor attorneys by not fewer than 1,200. The majority 
     of such attorneys shall perform duties related to litigation 
     of removal proceedings and representing the Department of 
     Homeland Security in immigration matters before the 
     immigration courts within the Department of Justice, the 
     Executive Office for Immigration Review, and enforcement of 
     U.S. customs and trade laws. At least 50 of these additional 
     attorney positions shall be used by the Attorney General to 
     increase the number of U.S. Immigration and Customs 
     Enforcement attorneys serving as Special Assistant U.S. 
     Attorneys, on detail to the Department of Justice, Offices of 
     the U.S. Attorneys, to assist with immigration-related 
     litigation.
       (B) USCIS immigration attorneys.--By not later than 
     September 30, 2022, in addition to positions authorized 
     before the date of the enactment of this Act and any existing 
     attorney vacancies within the Department of Homeland Security 
     on such date of enactment, the Director of U.S. Citizenship 
     and Immigration Services shall increase the number of 
     trained, full-time, active duty Office of Chief Counsel 
     attorneys by not fewer than 250. Such attorneys shall 
     primarily handle national security and public safety cases, 
     denaturalization cases, and legal sufficiency reviews of 
     immigration benefit decisions. At least 50 of these 
     additional attorney positions shall be used by the Attorney 
     General to increase the number of U.S. Citizenship and 
     Immigration Service attorneys serving as Special Assistant 
     U.S. Attorneys, on detail to the Department of Justice, 
     Offices of the U.S. Attorneys, to assist with immigration-
     related litigation.
       (C) Facilities and support personnel.--The Attorney General 
     and Secretary are authorized to procure space, temporary 
     facilities, and to hire the required administrative and legal 
     support staff, on an expedited basis, to accommodate the 
     additional positions authorized under this paragraph.
       (D) Authority to acquire leasehold.--Notwithstanding any 
     other provision of law, the Secretary may acquire a leasehold 
     interest in real property, and may provide in a lease entered 
     into under this subparagraph for the construction or 
     modification of any facility on the leased property, if 
     Secretary determines that the acquisition of such interest, 
     and such construction or modification, are necessary in order 
     to facilitate the implementation of this Act.
       (E) Use of uscis fee funds.--Adjudication fees described in 
     section 286(m) of the Immigration and Nationality Act (8 
     U.S.C. 1356(m)) may not be used to pay for the cost of 
     employing or contracting for the services of any person who 
     is not an employee or contractor of U.S. Citizenship and 
     Immigration Services or the Department of Homeland Security's 
     Administrative Appeals Office.
       (c) Department of State.--
       (1) Visa specialists.--By not later than September 30, 
     2022, in addition to positions authorized before the date of 
     the enactment of this Act and any existing attorney vacancies 
     within the Department on such date of enactment, the 
     Assistant Secretary of State for Consular Affairs shall 
     increase the number of trained, full-time analysts within the 
     Bureau of Consular Affairs by not fewer than 50. Such 
     analysts primarily should handle and advise on cases and 
     matters involving the potential for visa denial on the basis 
     of national security and public safety concerns.
       (2) Immigration attorneys.--By not later than September 30, 
     2022, in addition to positions authorized before the date of 
     the enactment of this Act and any existing attorney vacancies 
     within the Department on such date of enactment, the 
     Assistant Secretary of State for Consular Affairs shall 
     increase the number of trained, full-time, active attorneys 
     adviser within the Bureau of Consular Affairs by not fewer 
     than 25. Such attorneys primarily should handle and advise on 
     cases and matters involving the potential for visa denial on 
     the basis of national security and public safety concerns.
       (3) Foreign service consular fellows program.--By not later 
     than September 30, 2020, the Secretary of State shall--
       (A) increase the number of Consular Fellows to double the 
     number of Consular Fellows employed as of the date of the 
     enactment of this Act;
       (B) offer Consular Fellows permanent career appointments; 
     and
       (C) make language training available to Consular Fellows 
     for assignment to posts outside of their area of core 
     linguistic ability.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated, for each of the fiscal years 2018 through 
     2022, such sums as may be necessary to carry out this 
     section.

     SEC. 1149. JUDICIAL RESOURCES FOR BORDER SECURITY.

       (a) Border Crossing Prosecutions; Criminal Consequence 
     Initiative.--
       (1) In general.--Amounts appropriated pursuant to paragraph 
     (3) shall be used--
       (A) to increase the number of criminal prosecutions for 
     unlawful border crossing in each and every sector of the 
     southern border by not less than 80 percent per day, as 
     compared to the average number of such prosecutions per day 
     during the 12-month period preceding the date of the 
     enactment of this Act, by increasing funding for--
       (i) attorneys and administrative support staff in offices 
     of United States attorneys;
       (ii) support staff and interpreters in court clerks' 
     offices;
       (iii) pre-trial services;
       (iv) activities of the Office of the Federal Public 
     Defender, including payments to retain appointed counsel 
     under section 3006A of title 18, United States Code; and
       (v) additional personnel, including deputy United States 
     marshals in the United States Marshals Service, to perform 
     intake, coordination, transportation, and court security; and
       (B) to reimburse Federal, State, local, and tribal law 
     enforcement agencies for any detention costs related to the 
     increased border crossing prosecutions carried out pursuant 
     to subparagraph (A).
       (2) Additional magistrate judges to assist with increased 
     caseload.--The chief judge of each judicial district located 
     within a sector of the southern border is authorized to 
     appoint additional full-time magistrate judges, who, 
     consistent with the Constitution and laws of the United 
     States, shall have the authority to hear cases and 
     controversies in the judicial district in which the 
     magistrate judges are appointed.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated, for each of the fiscal years 2018 through 
     2022, such sums as may be necessary to carry out this 
     subsection.
       (b) Additional Permanent District Court Judgeships in 
     Southern Border States.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 4 additional district judges for the District of 
     Arizona;
       (B) 2 additional district judges for the Southern District 
     of California;
       (C) 4 additional district judges for the Western District 
     of Texas; and
       (D) 2 additional district judges for the Southern District 
     of Texas.
       (2) Conversions of temporary district court judgeships.--
     The judgeships for the District of Arizona and the Central 
     District of California authorized under section 312(c) of the 
     21st Century Department of Justice Appropriations 
     Authorization Act (28 U.S.C. 133 note), in existence on the 
     day before the date of the enactment of this Act, shall be 
     authorized under section 133 of title 28, United States Code, 
     and the individuals holding such judgeships on such day shall 
     hold office under section 133 of title 28, United States 
     Code, as amended by paragraph (3).
       (3) Technical and conforming amendments.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended--
       (A) by striking the item relating to the district of 
     Arizona and inserting the following:

  ``Arizona............................  17'';
 

       (B) by striking the items relating to California and 
     inserting the following :


  ``California:
  Northern.............................  19
  Eastern..............................  12
  Central..............................  28
  Southern.............................  15''; and
 

       (C) by striking the items relating to Texas and inserting 
     the following :


  ``Texas:
  Northern.............................  12
  Southern.............................  21
  Eastern..............................  7
  Western..............................  17''.
 


[[Page S996]]

       (c) Increase in Filing Fees.--
       (1) In general.--Section 1914(a) of title 28, United States 
     Code, is amended--
       (A) by striking ``$350'' and inserting ``$375''; and
       (B) by striking ``$5'' and inserting ``$7''.
       (2) Expenditure limitation.--Incremental amounts collected 
     pursuant to the amendments made by paragraph (1)--
       (A) shall be deposited as offsetting receipts in the 
     special fund of the Treasury established under section 1931 
     of title 28, United States Code; and
       (B) shall be available solely for the purpose of 
     facilitating the processing of civil cases, but only to the 
     extent specifically appropriated by an Act of Congress 
     enacted after the date of the enactment of this Act.

     SEC. 1150. REIMBURSEMENT TO STATE AND LOCAL PROSECUTORS FOR 
                   FEDERALLY INITIATED, IMMIGRATION-RELATED 
                   CRIMINAL CASES.

       (a) In General.--The Attorney General shall reimburse 
     State, county, tribal, and municipal governments for costs 
     associated with the prosecution of federally initiated 
     criminal cases declined to be prosecuted by local offices of 
     the United States attorneys, including costs relating to pre-
     trial services, detention, clerical support, and public 
     defenders' services associated to such prosecution.
       (b) Exception.--Reimbursement under subsection (a) shall 
     not be available, at the discretion of the Attorney General, 
     if the Attorney General determines that there is reason to 
     believe that the jurisdiction seeking reimbursement has 
     engaged in unlawful conduct in connection with immigration-
     related apprehensions.

                           CHAPTER 3--GRANTS

     SEC. 1151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``Authorization.--'' before ``If the 
     chief''; and
       (B) by inserting ``or an alien with an unknown status'' 
     after ``undocumented criminal alien'' each place that term 
     appears;
       (2) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Compensation.--
       ``(A) Calculation of compensation.--Compensation under 
     paragraph (1)(A) shall be the average cost of incarceration 
     of a prisoner in the relevant State, as determined by the 
     Attorney General.
       ``(B) Compensation of state for incarceration.--The 
     Attorney General shall compensate the State or political 
     subdivision of the State, in accordance with subparagraph 
     (A), for the incarceration of an alien--
       ``(i) whose immigration status cannot be verified by the 
     Secretary; and
       ``(ii) who would otherwise be an undocumented criminal 
     alien if the alien is unlawfully present in the United 
     States.
       ``(3) Definitions.--In this subsection:
       ``(A) Alien with an unknown status.--The term `alien with 
     an unknown status' means an individual--
       ``(i) who has been incarcerated by a Federal, State, or 
     local law enforcement entity; and
       ``(ii) whose immigration status cannot be definitively 
     identified.
       ``(B) Undocumented criminal alien.--The term `undocumented 
     criminal alien' means an alien who--
       ``(i) has been charged with or convicted of a felony or any 
     misdemeanors; and
       ``(ii)(I) entered the United States without inspection or 
     at any time or place other than as designated by the 
     Secretary;
       ``(II) was the subject of exclusion or deportation or 
     removal proceedings at the time he or she was taken into 
     custody by the State or a political subdivision of the State; 
     or
       ``(III) was admitted as a nonimmigrant and, at the time he 
     or she was taken into custody by the State or a political 
     subdivision of the State, has failed to maintain the 
     nonimmigrant status in which the alien was admitted or to 
     which it was changed under section 248, or to comply with the 
     conditions of any such status.'';
       (3) in paragraph (4), by inserting ``and aliens with an 
     unknown status'' after ``undocumented criminal aliens'' each 
     place that term appears;
       (4) in paragraph (5)(C), by striking ``to carry out this 
     subsection'' and all that follows and inserting 
     ``$950,000,000, for each of the fiscal years 2018 through 
     2022, to carry out this subsection.''; and
       (5) by adding at the end the following:
       ``(7) Distribution of reimbursement.--Any amounts provided 
     to a State or to a political subdivision of a State as 
     compensation under paragraph (1)(A) for a fiscal year shall 
     be distributed to such State or political subdivision not 
     later than 120 days after the last day of the period 
     specified by the Attorney General for the submission of 
     requests under that paragraph for that fiscal year.''.

     SEC. 1152. SOUTHERN BORDER SECURITY ASSISTANCE GRANTS.

       (a) Authority.--
       (1) In general.--The Secretary, in consultation with State 
     and local law enforcement agencies, may award border security 
     assistance grants to law enforcement agencies located in the 
     Southwest border region for the purposes described in 
     subsection (b).
       (2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to law enforcement agencies 
     located in a county that is located within 25 miles of the 
     Southern border.
       (b) Purposes.--Each grant awarded under subsection (a) 
     shall be used to address drug trafficking, smuggling, and 
     border violence--
       (1) by obtaining law enforcement equipment and tools, 
     including secure 2-way communication devices, portable 
     laptops and office computers, license plate readers, unmanned 
     aerial vehicles, unmanned aircraft systems, manned aircraft, 
     cameras with night viewing capabilities, and any other 
     appropriate law enforcement equipment;
       (2) by hiring additional personnel, including 
     administrative support personnel, dispatchers, and jailers, 
     and to provide overtime pay for such personnel;
       (3) by purchasing law enforcement vehicles;
       (4) by providing high performance aircraft and helicopters 
     for border surveillance and other critical mission 
     applications and paying for the operational and maintenance 
     costs associated with such craft;
       (5) by providing critical power generation systems, 
     infrastructure, and technological upgrades to support State 
     and local data management systems and fusion centers; or
       (6) by providing specialized training and paying for the 
     direct operating expenses associated with detecting and 
     prosecuting drug trafficking, human smuggling, and other 
     illegal activity or violence that occurs at or near the 
     Southern border.
       (c) Application.--
       (1) Requirement.--A law enforcement agency seeking a grant 
     under subsection (a), or a nonprofit organization or 
     coalition acting as an agent for 1 or more such law 
     enforcement entities, shall submit an application to the 
     Secretary that includes the information described in 
     paragraph (2) at such time and in such manner as the 
     Secretary may require.
       (2) Content.--Each application submitted under paragraph 
     (1) shall include--
       (A) a description of the activities to be carried out with 
     a grant awarded under subsection (a);
       (B) if equipment will be purchased with the grant, a 
     detailed description of--
       (i) the type and quantity of such equipment; and
       (ii) the personnel who will be using such equipment;
       (C) a description of the need of the law enforcement agency 
     or agencies for the grant, including a description of the 
     inability of the agency or agencies to carry out the proposed 
     activities without the grant; and
       (D) an assurance that the agency or agencies will, to the 
     extent practicable, seek, recruit, and hire women and members 
     of racial and ethnic minority groups in law enforcement 
     positions of the agency or agencies.
       (d) Review and Award.--
       (1) Review.--Not later than 90 days after receiving an 
     application submitted under subsection (c), the Secretary 
     shall review and approve or reject the application.
       (2) Award of funds.--Subject to the availability of 
     appropriations, not later than 45 days after the date an 
     application is approved under paragraph (1), the Secretary 
     shall transmit the grant funds to the applicant.
       (3) Priority.--In distributing grant funds under this 
     subsection, priority shall be given to high-intensity areas 
     for drug trafficking, smuggling, and border violence.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated, for each of the fiscal years 2018 through 
     2022, $300,000,000 for grants authorized under this section.

     SEC. 1153. 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 to 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 U.S. 
     Border Patrol sector office.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for--
       ``(1) equipment, including maintenance and sustainment 
     costs;
       ``(2) personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities;
       ``(3) any activity permitted for Operation Stonegarden 
     under the Department of Homeland Security's most recent 
     Homeland Security Grant Program Notice of Funding 
     Opportunity; and
       ``(4) any other appropriate activity, as determined by the 
     Administrator, in consultation with the Commissioner of U.S. 
     Customs and Border Protection.
       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section

[[Page S997]]

     to grant recipients for a period of not less than 36 months.
       ``(e) Report.--For each of the fiscal years 2018 through 
     2022, the Administrator shall submit 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 containing 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(a)) 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. 1154. GRANTS FOR IDENTIFICATION OF VICTIMS OF CROSS-
                   BORDER HUMAN SMUGGLING.

       In addition to any funding for grants made available to the 
     Attorney General for State and local law enforcement 
     assistance, the Attorney General shall award grants to 
     county, municipal, or tribal governments in States along the 
     southern border for costs, or reimbursement of costs, 
     associated with the transportation and processing of 
     unidentified alien remains that have been transferred to an 
     official medical examiner's office or an institution of 
     higher education in the area with the capacity to analyze 
     human remains using forensic best practices, including DNA 
     testing, where such expenses may contribute to the collection 
     and analysis of information pertaining to missing and 
     unidentified persons.

     SEC. 1155. GRANT ACCOUNTABILITY.

       (a) Definitions.--In this section:
       (1) Awarding entity.--The term ``awarding entity'' means 
     the Secretary, the Administrator of the Federal Emergency 
     Management Agency, the Director of the National Science 
     Foundation, or the Chief of the Office of Citizenship and New 
     Americans.
       (2) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (3) Unresolved audit finding.--The term ``unresolved audit 
     finding'' means a finding in a final audit report conducted 
     by the Inspector General of the Department of Homeland 
     Security, or the Inspector General for the National Science 
     Foundation for grants awarded by the Director of the National 
     Science Foundation, that the audited grantee has utilized 
     grant funds for an unauthorized expenditure or otherwise 
     unallowable cost that is not closed or resolved within 1 year 
     after the date when the final audit report is issued.
       (b) Accountability.--All grants awarded by an awarding 
     entity pursuant to this subtitle shall be subject to the 
     following accountability provisions:
       (1) Audit requirement.--
       (A) Audits.--Beginning in the first fiscal year beginning 
     after the date of the enactment of this Act, and in each 
     fiscal year thereafter, the Inspector General of the 
     Department of Homeland Security, or the Inspector General for 
     the National Science Foundation for grants awarded by the 
     Director of the National Science Foundation, shall conduct 
     audits of recipients of grants under this subtitle or any 
     amendments made by this subtitle to prevent waste, fraud, and 
     abuse of funds by grantees. Such Inspectors General shall 
     determine the appropriate number of grantees to be audited 
     each year.
       (B) Mandatory exclusion.--A recipient of grant funds under 
     this subtitle that is found to have an unresolved audit 
     finding shall not be eligible to receive grant funds under 
     this subtitle or any amendment made by this subtitle during 
     the first 2 fiscal years beginning after the end of the 
     fiscal year in which a finding described in subsection (A) 
     was discovered.
       (C) Priority.--In awarding a grant under this subtitle or 
     any amendment made by this subtitle, the awarding entity 
     shall give priority to eligible applicants that did not have 
     an unresolved audit finding during the 3 fiscal years 
     immediately preceding the date on which the entity submitted 
     the application for such grant.
       (D) Reimbursement.--If an entity is awarded grant funds 
     under this subtitle or any amendment made by this subtitle 
     during the 2-year period when the entity is barred from 
     receiving grants under subparagraph (B), the awarding entity 
     shall--
       (i) deposit an amount equal to the amount of the grant 
     funds that were improperly awarded to such entity into the 
     general fund of the Treasury; and
       (ii) seek to recover the costs of the repayment under 
     clause (i) from such entity.
       (2) Nonprofit organization requirements.--
       (A) Prohibition.--An awarding entity may not award a grant 
     under this subtitle or any amendment made by this subtitle to 
     a nonprofit organization that holds money in offshore 
     accounts for the purpose of avoiding the tax imposed under 
     section 511(a) of the Internal Revenue Code of 1986.
       (B) Disclosure.--Each nonprofit organization that is 
     awarded a grant under this subtitle or any amendment made by 
     this subtitle and uses the procedures prescribed by Internal 
     Revenue regulations to create a rebuttable presumption of 
     reasonableness for the compensation of its officers, 
     directors, trustees, and key employees, shall disclose to the 
     awarding entity, in the application for the grant, the 
     process for determining such compensation, including the 
     independent persons involved in reviewing and approving such 
     compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the awarding entity shall make the 
     information disclosed under this subparagraph available for 
     public inspection.
       (3) Conference expenditures.--
       (A) Limitation.--Amounts authorized to be appropriated to 
     the Department of Homeland Security or the National Science 
     Foundation for grant programs under this subtitle or any 
     amendment made by this subtitle may not be used by an 
     awarding entity to host or support any expenditure for 
     conferences that uses more than $20,000 in funds made 
     available by the Department of Homeland Security or the 
     National Science Foundation unless the Deputy Secretary for 
     Homeland Security, or the Deputy Director of the National 
     Science Foundation, or their designee, provides prior written 
     authorization that the funds may be expended to host the 
     conference.
       (B) Written approval.--Written approval under subparagraph 
     (A) shall include a written estimate of all costs associated 
     with the conference, including the cost of all food, 
     beverages, audio-visual equipment, honoraria for speakers, 
     and entertainment.
       (C) Report.--The Deputy Secretary of Homeland Security and 
     the Deputy Director of the National Science Foundation shall 
     submit an annual report to Congress that identifies all 
     conference expenditures approved under this paragraph.
       (4) Annual certification.--Beginning in the first fiscal 
     year beginning after the date of the enactment of this Act, 
     and annually thereafter, each awarding entity shall submit a 
     report to Congress that--
       (A) indicates whether--
       (i) all audits issued by the Offices of the Inspector 
     General under paragraph (1) have been completed and reviewed 
     by the appropriate individuals;
       (ii) all mandatory exclusions required under paragraph 
     (1)(B) have been issued; and
       (iii) all reimbursements required under paragraph (1)(D) 
     have been made; and
       (B) includes a list of any grant recipients excluded under 
     paragraph (1) during the previous year.

   Subtitle B--Emergency Port of Entry Personnel and Infrastructure 
                                Funding

     SEC. 1201. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Finance of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Ways and Means of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.

     SEC. 1202. PORTS OF ENTRY INFRASTRUCTURE.

       (a) Additional Ports of Entry.--
       (1) Authority.--Subject to section 3307 of title 40, United 
     States Code, the Administrator of General Services may 
     construct new ports of entry along the northern border and 
     along the southern border at locations determined by the 
     Secretary.
       (2) Consultation.--
       (A) Requirement to consult.--The Secretary shall consult 
     with the Secretary of State, the Secretary of the Interior, 
     the Secretary of Agriculture, the Secretary of 
     Transportation, the Administrator of General Services, and 
     appropriate representatives of State and local governments, 
     Indian tribes, and property owners in the United States prior 
     to determining 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 such a new port on the environment, 
     culture, commerce, and quality of life of the communities and 
     residents located near such new port.
       (b) Expansion and Modernization of High-volume Southern 
     Border Ports of Entry.--Not later than September 30, 2022, 
     the Administrator of General Services, subject to section 
     3307 of title 40, United States Code, and in coordination 
     with the Secretary, shall expand or modernize high-priority 
     ports of entry on the southern border, as determined by the 
     Secretary, for the purposes of reducing wait times and 
     enhancing security.
       (c) Port of Entry Prioritization.--Prior to constructing 
     any new ports of entry pursuant to subsection (a), the 
     Administrator of

[[Page S998]]

     General Services shall complete the expansion and 
     modernization of ports of entry pursuant to subsection (b), 
     to the extent practicable.
       (d) Notifications.--
       (1) Relating to new ports of entry.--Not later than 15 days 
     after determining the location of any new port of entry for 
     construction pursuant to subsection (a), the Secretary and 
     the Administrator of General Services shall jointly notify 
     the Members of Congress who represent the State or 
     congressional district in which such new port of entry will 
     be located, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Finance 
     of the Senate, the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on the Judiciary 
     of the Senate, the Committee on Homeland Security of the 
     House of Representatives, the Committee on Ways and Means of 
     the House of Representatives, the Committee on Transportation 
     and Infrastructure of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives. 
     Such notification shall include--
       (A) information relating to the location of such new port 
     of entry;
       (B) a description of the need for such new port of entry 
     and associated anticipated benefits;
       (C) a description of the consultations undertaken by the 
     Secretary and the Administrator pursuant to subsection 
     (a)(2)(A);
       (D) any actions that will be taken to minimize negative 
     impacts of such new port of entry; and
       (E) the anticipated time line for the construction and 
     completion of such new port of entry.
       (2) Expansion and modernization of ports of entry.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary and the Administrator of General Services 
     shall jointly notify the congressional committees listed in 
     paragraph (1) of--
       (A) the ports of entry on the southern border selected for 
     expansion or modernization pursuant to subsection (b); and
       (B) the plan of the Secretary and the Administrator for 
     expanding or modernizing each such port of entry.
       (e) Savings Provision.--Nothing in this section may be 
     construed--
       (1) to create or negate any right of action for a State, 
     local government, or other person or entity affected by this 
     section;
       (2) to delay the transfer of the possession of property to 
     the United States;
       (3) to affect the validity of any property acquisitions by 
     purchase or eminent domain or to otherwise affect the eminent 
     domain laws of the United States or of any State; or
       (4) to create any right or liability for any party.
       (f) Rule of Construction.--Nothing in this section may be 
     construed as providing the Secretary new authority related to 
     the construction, acquisition, or renovation of real 
     property.

     SEC. 1203. SECURE COMMUNICATIONS.

       (a) In General.--The Secretary shall ensure that each U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs Enforcement officer or agent, if appropriate, is 
     equipped with a secure radio or other 2-way communication 
     device, supported by system interoperability, that allows 
     each such officer to communicate--
       (1) between ports of entry and inspection stations; and
       (2) with other Federal, State, tribal, and local law 
     enforcement entities.
       (b) U.S. Border Patrol Agents.--The Secretary shall ensure 
     that each U.S. Customs and Border Protection agent or officer 
     assigned or required to patrol on foot, by horseback, or with 
     a canine unit, in remote mission critical locations, and at 
     border checkpoints, has a multi- or dual-band encrypted 
     portable radio.

     SEC. 1204. BORDER SECURITY DEPLOYMENT PROGRAM.

       (a) Expansion.--Not later than September 30, 2022, the 
     Secretary shall fully implement U.S. Customs and Border 
     Protection's Border Security Deployment Program and expand 
     the integrated surveillance and intrusion detection system at 
     land ports of entry along the southern border and the 
     northern border.
       (b) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $33,000,000, 
     for each of the fiscal year 2018 through 2022, to carry out 
     subsection (a).

     SEC. 1205. PILOT AND UPGRADE OF LICENSE PLATE READERS AT 
                   PORTS OF ENTRY.

       (a) Upgrade.--Not later than 2 years after the date of the 
     enactment of this Act, the Commissioner of U.S. Customs and 
     Border Protection shall upgrade all existing license plate 
     readers on the northern border and on the southern border on 
     incoming and outgoing vehicle lanes.
       (b) Pilot Program.--Not later than 90 days after the date 
     of the enactment of this Act, the Commissioner of U.S. 
     Customs and Border Protection shall conduct a 1-month pilot 
     program on the southern border using license plate readers 
     for 1 to 2 cargo lanes at the top 2 high-volume southern 
     border land ports of entry or checkpoints and at the top 2 
     high-volume northern border land ports of entry or 
     checkpoints to determine their effectiveness in reducing 
     cross-border wait times for commercial traffic and tractor-
     trailers.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, the Committee on Finance of the Senate, the 
     Committee on the Judiciary of the Senate, the Committee on 
     Homeland Security of the House of Representatives, the 
     Committee on Ways and Means of the House of Representatives, 
     and the Committee on the Judiciary of the House of 
     Representatives that contains the results of the pilot 
     program under subsection (b) and makes recommendations for 
     using the technology described in such subsection on the 
     southern border.
       (d) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $125,000,000 
     for the 2-year period ending on September 30, 2019, to carry 
     out subsection (a).

     SEC. 1206. BIOMETRIC TECHNOLOGY.

       (a) Biometric Storage.--
       (1) Creation or expansion of system.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary shall create a system (or upgrade and expand the 
     capability and capacity of an existing system, if a 
     Department of Homeland Security system already has capability 
     and capacity for storage) to allow for the storage of 
     fingerprints, photographs, iris scans, voice prints, and any 
     other biometric data of aliens that can be used by the 
     Department of Homeland Security, other Federal agencies, and 
     State and local law enforcement agencies for identity 
     verification, authentication, background checks, and document 
     production.
       (2) Compatibility.--The Secretary shall ensure, to the 
     extent possible, that the system created or expanded under 
     paragraph (1) is compatible with existing State and local law 
     enforcement systems that are used for the collection and 
     storage of biometric data for criminal aliens.
       (b) Pilot Program.--When the system created under 
     subsection (a) is operational, U.S. Immigration and Customs 
     Enforcement and U.S. Citizenship and Immigration Services 
     shall conduct a 6-month pilot program on the collection and 
     use of iris scans and voice prints for identity verification, 
     authentication, background checks, and document production.
       (c) Report.--Not later than 6 months after the conclusion 
     of the pilot program under subsection (b), the Secretary 
     shall submit a report containing the results of the pilot 
     program and recommendations for using such technology to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Homeland Security of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
       (d) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there are 
     authorized to be appropriated, for each of the fiscal years 
     2018 through 2022, $10,000,000 carry out this section.

     SEC. 1207. NONINTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION 
                   PROJECT.

       (a) In General.--
       (1) Establishment.--Not later than 6 months after the date 
     of the enactment of this Act, the Commissioner shall 
     establish a 6-month operational demonstration project to 
     deploy a high-throughput nonintrusive passenger vehicle 
     inspection system at not fewer than 3 land ports of entry 
     along the United States-Mexico border with significant cross-
     border traffic.
       (2) Location.--The demonstration project established under 
     paragraph (1)--
       (A) shall be located within the pre-primary traffic flow; 
     and
       (B) should be scalable to span up to 26 contiguous in-bound 
     traffic lanes without reconfiguration of existing lanes.
       (b) Report.--Not later than 90 days after the conclusion of 
     the operational demonstration project under subsection (a), 
     the Commissioner shall submit a report to the Committee on 
     Homeland Security and Governmental Affairs of the Senate, the 
     Committee on Finance of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Ways and Means of the House of Representatives that 
     describes--
       (1) the effects of the demonstration project on legitimate 
     travel and trade;
       (2) the effects of the demonstration project on wait times, 
     including processing times, for non-pedestrian traffic; and
       (3) the effectiveness of the demonstration project in 
     combating terrorism and smuggling.

     SEC. 1208. BIOMETRIC EXIT DATA SYSTEM.

       (a) In General.--Subtitle B of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
     inserting after section 415 the following:

     ``SEC. 416. BIOMETRIC ENTRY-EXIT.

       ``(a) Establishment.--The Secretary--
       ``(1) not later than 180 days after the date of the 
     enactment of this section, shall submit an implementation 
     plan 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

[[Page S999]]

     Judiciary of the House of Representatives for establishing a 
     biometric exit data system to complete the integrated 
     biometric entry and exit data system required under section 
     7208 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (8 U.S.C. 1365b), including--
       ``(A) an integrated master schedule and cost estimate, 
     including requirements and design, development, operational, 
     and maintenance costs of such a system, that takes into 
     account prior reports on such matters issued by the 
     Government Accountability Office and the Department;
       ``(B) cost-effective staffing and personnel requirements of 
     such a system that leverages existing resources of the 
     Department that takes into account prior reports on such 
     matters issued by the Government Accountability Office and 
     the Department;
       ``(C) a consideration of training programs necessary to 
     establish such a system that takes into account prior reports 
     on such matters issued by the Government Accountability 
     Office and the Department;
       ``(D) a consideration of how such a system will affect 
     arrival and departure wait times that takes into account 
     prior reports on such matter issued by the Government 
     Accountability Office and the Department;
       ``(E) information received after consultation with private 
     sector stakeholders, including the--
       ``(i) trucking industry;
       ``(ii) airport industry;
       ``(iii) airline industry;
       ``(iv) seaport industry;
       ``(v) travel industry; and
       ``(vi) biometric technology industry;
       ``(F) a consideration of how trusted traveler programs in 
     existence as of the date of the enactment of this section may 
     be impacted by, or incorporated into, such a system;
       ``(G) defined metrics of success and milestones;
       ``(H) identified risks and mitigation strategies to address 
     such risks;
       ``(I) a consideration of how other countries have 
     implemented a biometric exit data system; and
       ``(J) a list of statutory, regulatory, or administrative 
     authorities needed to integrate such a system into the 
     operations of the Transportation Security Administration; and
       ``(2) not later than 2 years after the date of the 
     enactment of this section, shall establish a biometric exit 
     data system at--
       ``(A) the 15 United States airports that support the 
     highest volume of international air travel, as determined by 
     available Federal flight data;
       ``(B) the 10 United States seaports that support the 
     highest volume of international sea travel, as determined by 
     available Federal travel data; and
       ``(C) the 15 United States land ports of entry that support 
     the highest volume of vehicle, pedestrian, and cargo 
     crossings, as determined by available Federal border crossing 
     data.
       ``(b) Implementation.--
       ``(1) Pilot program at land ports of entry.--Not later than 
     6 months after the date of the enactment of this section, the 
     Secretary, in collaboration with industry stakeholders, shall 
     establish a 6-month pilot program to test the biometric exit 
     data system referred to in subsection (a)(2) on nonpedestrian 
     outbound traffic at not fewer than 3 land ports of entry with 
     significant cross-border traffic, including at not fewer than 
     2 land ports of entry on the southern land border and at 
     least 1 land port of entry on the northern land border. Such 
     pilot program may include a consideration of more than 1 
     biometric mode, and shall be implemented to determine--
       ``(A) how a nationwide implementation of such biometric 
     exit data system at land ports of entry shall be carried out;
       ``(B) the infrastructure required to carry out subparagraph 
     (A);
       ``(C) the effects of such pilot program on legitimate 
     travel and trade;
       ``(D) the effects of such pilot program on wait times, 
     including processing times, for such nonpedestrian traffic;
       ``(E) the effects of such pilot program on combating 
     terrorism; and
       ``(F) the effects of such pilot program on identifying visa 
     holders who violate the terms of their visas.
       ``(2) Expansion to land ports of entry.--
       ``(A) In general.--Not later than 5 years after the date of 
     the enactment of this section, the Secretary shall expand the 
     biometric exit data system referred to in subsection (a)(2) 
     to all land ports of entry.
       ``(B) Extension.--The Secretary may extend, for a single 2-
     year period, the date specified in subparagraph (A) if the 
     Secretary certifies to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and the Committee on the 
     Judiciary of the House of Representatives that the 15 land 
     ports of entry that support the highest volume of passenger 
     vehicles, as determined by available Federal data, do not 
     have the physical infrastructure or characteristics to 
     install the systems necessary to implement a biometric exit 
     data system. Such extension shall only apply to nonpedestrian 
     outbound traffic.
       ``(3) Expansion to air and sea ports of entry.--Not later 
     than 5 years after the date of the enactment of this section, 
     the Secretary shall expand the biometric exit data system 
     referred to in subsection (a)(2) to all air and sea ports of 
     entry.
       ``(c) Effects on Air, Sea, and Land Transportation.--The 
     Secretary, in consultation with appropriate private sector 
     stakeholders, shall ensure that the collection of biometric 
     data under this section causes the least possible disruption 
     to the movement of people or cargo in air, sea, or land 
     transportation, while fulfilling the goals of improving 
     counterterrorism efforts and identifying visa holders who 
     violate the terms of their visas.
       ``(d) Termination of Proceeding.--Notwithstanding any other 
     provision of law, the Secretary shall, on the date of the 
     enactment of this section, terminate the proceeding entitled 
     `Collection of Alien Biometric Data Upon Exit From the United 
     States at Air and Sea Ports of Departure; United States 
     Visitor and Immigrant Status Indicator Technology Program 
     (``US-VISIT'')', issued on April 24, 2008 (73 Fed. Reg. 
     22065).
       ``(e) Data-matching.--The biometric exit data system 
     established under this section shall--
       ``(1) match biometric information for an individual who is 
     departing the United States against biometric data previously 
     provided to the United States Government by such individual 
     for the purposes of international travel;
       ``(2) leverage the infrastructure and databases of the 
     current biometric entry and exit system established pursuant 
     to section 7208 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
     described in paragraph (1); and
       ``(3) be interoperable with, and allow matching against, 
     other Federal databases that--
       ``(A) store biometrics of known or suspected terrorists; 
     and
       ``(B) identify visa holders who violate the terms of their 
     visas.
       ``(f) Scope.--
       ``(1) In general.--The biometric exit data system 
     established under this section shall include a requirement 
     for the collection of biometric exit data at the time of 
     departure for all categories of individuals who are required 
     by the Secretary to provide biometric entry data.
       ``(2) Exception for certain other individuals.--This 
     section shall not apply in the case of an individual who 
     exits and then enters the United States on a passenger vessel 
     (as such term is defined in section 2101 of title 46, United 
     States Code) the itinerary of which originates and terminates 
     in the United States.
       ``(3) Exception for land ports of entry.--This section 
     shall not apply in the case of a United States or Canadian 
     citizen who exits the United States through a land port of 
     entry.
       ``(g) Collection of Data.--The Secretary may not require 
     any entity that is not part of the Federal Government to 
     collect biometric data, or to contribute to the costs of 
     collecting or administering the biometric exit data system 
     established under this section, except through a mutual 
     agreement.
       ``(h) Multi-modal Collection.--In carrying out subsections 
     (a)(1) and (b), the Secretary shall make every effort to 
     collect biometric data using multiple modes of biometrics.
       ``(i) Facilities.--All facilities at which the biometric 
     exit data system established under this section is 
     implemented shall provide and maintain space for Federal use 
     that is adequate to support biometric data collection and 
     other inspection-related activity. For non-federally owned 
     facilities, such space shall be provided and maintained at no 
     cost to the Government.
       ``(j) Northern Land Border.--The requirements under 
     subsections (a)(2)(C) and (b)(2)(A) may be achieved on the 
     northern land border through the sharing of biometric data 
     provided to the Department by the Canadian Border Services 
     Agency pursuant to the 2011 Beyond the Border agreement.
       ``(k) Full and Open Competition.--The Secretary shall 
     procure goods and services to implement this section through 
     full and open competition in accordance with the Federal 
     Acquisition Regulation.
       ``(l) Other Biometric Initiatives.--The Secretary may 
     pursue biometric initiatives at air, land, and sea ports of 
     entry for the purposes of border security and trade 
     facilitation distinct from the biometric exit data system 
     described in this section.
       ``(m) Congressional Review.--Not later than 90 days after 
     the date of the enactment of this section, the Secretary 
     shall submit reports and recommendations 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 
     regarding the Science and Technology Directorate's Air Entry 
     and Exit Re-Engineering Program of the Department and the 
     U.S. Customs and Border Protection entry and exit mobility 
     program demonstrations.
       ``(n) Savings Clause.--Nothing in this section may be 
     construed to prohibit the collection of user fees permitted 
     by section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c).''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 415 the 
     following:

``Sec. 416. Biometric entry-exit.''.

[[Page S1000]]

  


     SEC. 1209. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

       (a) Finding.--Congress finds that personnel constraints 
     exist at land ports of entry with regard to sanitary and 
     phytosanitary inspections for exported goods.
       (b) Sense of Congress.--It is the sense of Congress that, 
     in the best interest of cross-border trade and the 
     agricultural community--
       (1) any lack of certified personnel for inspection purposes 
     at ports of entry should be addressed by seeking cooperation 
     between agencies and departments of the United States, 
     whether in the form of a memorandum of understanding or 
     through a certification process, whereby additional existing 
     agents are authorized for additional hours to facilitate the 
     crossing and trade of perishable goods in a manner consistent 
     with rules of the Department of Agriculture; and
       (2) cross designation should be available for personnel who 
     will assist more than 1 agency or department at land ports of 
     entry to facilitate increased trade and commerce.

              Subtitle C--Border Security Enforcement Fund

     SEC. 1301. BORDER SECURITY ENFORCEMENT FUND.

       (a) Purpose.--There shall be established in the Treasury of 
     the United States 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 
     only with respect to section 1120, which shall be available 
     to carry out activities necessary to implement this Act and 
     other Acts related to border security, including--
       (1) the design, planning, construction, installation, 
     deployment, operation, and maintenance of tactical 
     infrastructure, technology, including physical barriers, and 
     necessary mobility access and personnel support 
     infrastructure in the vicinity of the United States border--
       (A) to achieve situational awareness and operational 
     control of such border;
       (B) to deter, impede, and detect illegal activity; or
       (C) to implement other border security provisions under 
     titles I and II;
       (2) the implementation of port of entry provisions under 
     titles I and II;
       (3) the purchase of new aircraft, vessels, spare parts, and 
     equipment to maintain such craft; and
       (4) hiring and recruitment.
       (b) Funding.--There are appropriated to the Fund, out of 
     any amounts in the Treasury not otherwise appropriated, 
     $25,000,000,000, of which--
       (1) $2,947,000,000 is appropriated for fiscal year 2018, 
     and shall remain available through September 30, 2022;
       (2) $2,225,000,000 is appropriated for fiscal year 2019, 
     and shall remain available through September 30, 2023;
       (3) $2,467,000,000 is appropriated for fiscal year 2020, 
     and shall remain available through September 30, 2024;
       (4) $2,644,000,000 is appropriated for fiscal year 2021, 
     and shall remain available through September 30, 2025;
       (5) $2,862,000,000 is appropriated for fiscal year 2022, 
     and shall remain available through September 30, 2026;
       (6) $2,370,000,000 is appropriated for fiscal year 2023, 
     and shall remain available through September 30, 2027;
       (7) $2,371,000,000 is appropriated for fiscal year 2024, 
     and shall remain available through September 30, 2028;
       (8) $2,401,000,000 is appropriated for fiscal year 2025, 
     and shall remain available through September 30, 2029;
       (9) $2,371,000,000 is appropriated for fiscal year 2026, 
     and shall remain available through September 30, 2030; and
       (10) $2,342,000,000 is appropriated for fiscal year 2027, 
     and shall remain available through September 30, 2031.
       (c) Tactical Infrastructure.--
       (1) Transfers.--The Secretary shall transfer, from the Fund 
     to the ``U.S. Customs and Border Protection--Procurement, 
     Construction and Improvements'' account, for the purpose 
     described in subsection (a)(1), $18,000,000,000, of which--
       (A) $1,571,000,000 shall be transferred in fiscal year 
     2018;
       (B) $1,600,000,000 shall be transferred in fiscal year 
     2019;
       (C) $1,842,000,000 shall be transferred in fiscal year 
     2020;
       (D) $2,019,000,000 shall be transferred in fiscal year 
     2021;
       (E) $2,237,000,000 shall be transferred in fiscal year 
     2022;
       (F) $1,745,000,000 shall be transferred in fiscal year 
     2023;
       (G) $1,746,000,000 shall be transferred in fiscal year 
     2024;
       (H) $1,776,000,000 shall be transferred in fiscal year 
     2025;
       (I) $1,746,000,000 shall be transferred in fiscal year 
     2026; and
       (J) $1,718,000,000 shall be transferred in fiscal year 
     2027.
       (2) Availability of funds.--Notwithstanding section 1532 of 
     title 31, United States Code, any amounts transferred 
     pursuant to paragraph (1) shall merge with the ``U.S. Customs 
     and Border Protection--Procurement, Construction and 
     Improvements'' account and remain available until expended.
       (d) Transfer to Department of State.--During fiscal year 
     2018, the Secretary shall transfer $200,000,000 to the 
     Secretary of State to implement section 1120.
       (e) Transfer Authority.--In addition to the amounts 
     transferred by the Secretary pursuant to subsection (c) and 
     to the Secretary of State pursuant to subsection (d), the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives may 
     provide, in a subsequent appropriation, for the transfer of 
     amounts in the Fund to the Department of Homeland Security to 
     eligible activities under this section.
       (f) 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 full transfer of funds 
     pursuant to subsection (e) in an appropriation enacted in the 
     fiscal year in which such funds are made available from the 
     Fund pursuant to subsection (b), the Secretary of Homeland 
     Security may transfer any remaining amounts in the Fund to 
     accounts within the Department of Homeland Security for 
     eligible activities under this section.

Subtitle D--Stop the Importation and Trafficking of Synthetic Analogues 
                                  Act

     SEC. 1401. SHORT TITLES.

       This subtitle may be cited as the ``Stop the Importation 
     and Trafficking of Synthetic Analogues Act of 2018'' or the 
     ``SITSA Act''.

     SEC. 1402. ESTABLISHMENT OF SCHEDULE A.

       Section 202 of the Controlled Substances Act (21 U.S.C. 
     812) is amended--
       (1) in subsection (a), by striking ``five schedules of 
     controlled substances, to be known as schedules I, II, III, 
     IV, and V'' and inserting ``six schedules of controlled 
     substances, to be known as schedules I, II, III, IV, V, and 
     A'';
       (2) in subsection (b), by adding at the end the following:
       ``(6) Schedule A.--
       ``(A) In general.--The drug or substance--
       ``(i) has--
       ``(I) a chemical structure that is substantially similar to 
     the chemical structure of a controlled substance in schedule 
     I, II, III, IV, or V; and
       ``(II) an actual or predicted stimulant, depressant, or 
     hallucinogenic effect on the central nervous system that is 
     substantially similar to or greater than the stimulant, 
     depressant, or hallucinogenic effect on the central nervous 
     system of a controlled substance in schedule I, II, III, IV, 
     or V; and
       ``(ii) is not--
       ``(I) listed or otherwise included in any other schedule in 
     this section or by regulation of the Attorney General; and
       ``(II) with respect to a particular person, subject to an 
     exemption that is in effect for investigational use, for that 
     person, under section 505 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355) to the extent conduct with 
     respect to such substance is pursuant to such exemption.
       ``(B) Predicted stimulant, depressant, or hallucinogenic 
     effect.--For purpose of this paragraph, a predicted 
     stimulant, depressant, or hallucinogenic effect on the 
     central nervous system may be based on--
       ``(i) the chemical structure, structure activity 
     relationships, binding receptor assays, or other relevant 
     scientific information about the substance;
       ``(ii)(I) the current or relative potential for abuse of 
     the substance; and
       ``(II) the clandestine importation, manufacture, or 
     distribution, or diversion from legitimate channels, of the 
     substance; or
       ``(iii) the capacity of the substance to cause a state of 
     dependence, including physical or psychological dependence 
     that is similar to or greater than that of a controlled 
     substance in schedule I, II, III, IV, or V.''; and
       (3) in subsection (c)--
       (A) in the matter preceding schedule I, by striking ``IV, 
     and V'' and inserting ``IV, V, and A''; and
       (B) by adding at the end the following:


                              ``schedule a

       ``(a) Unless specifically excepted or unless listed in 
     another schedule, any of the following substances, as 
     scheduled in accordance with section 201(k)(5):
       ``(1) 4-fluoroisobutyryl fentanyl.
       ``(2) Valeryl fentanyl.
       ``(3) 4-methoxybutyryl fentanyl.
       ``(4) 4-methylphenethyl acetyl fentanyl.
       ``(5) 3-furanyl fentanyl.
       ``(6) Ortho-fluorofentanyl.
       ``(7) Tetrahydrofuranyl fentanyl.
       ``(8) Ocfentanil.
       ``(9) 4-fluorobutyryl fentanyl.
       ``(10) Methoxyacetyl fentanyl.
       ``(11) Meta-fluorofentanyl.
       ``(12) Isobutyryl fentanyl.
       ``(13) Acryl fentanyl.''.

     SEC. 1403. TEMPORARY AND PERMANENT SCHEDULING OF SCHEDULE A 
                   SUBSTANCES.

       Section 201 of the Controlled Substances Act (21 U.S.C. 
     811) is amended by adding at the end the following:
       ``(k) Temporary and Permanent Scheduling of Schedule A 
     Substances.--
       ``(1) The Attorney General may issue a temporary order 
     adding a drug or substance to schedule A if the Attorney 
     General finds that--
       ``(A) the drug or other substance satisfies the criteria 
     for being considered a schedule A substance; and
       ``(B) adding such drug or substance to schedule A will 
     assist in preventing abuse or misuse of the drug or other 
     substance.
       ``(2)(A) A temporary scheduling order issued under 
     paragraph (1) shall not take effect until 30 days after the 
     date on which the

[[Page S1001]]

     Attorney General publishes a notice in the Federal Register 
     of the intention to issue such order and the grounds upon 
     which such order is to be issued.
       ``(B) The Attorney General may amend, withdraw, or rescind 
     a temporary scheduling order at any time by publication of a 
     notice in the Federal Register.
       ``(C) Subject to paragraph (B), the temporary scheduling 
     order shall expire not later than 5 years after the date on 
     which it becomes effective, except that the Attorney General 
     may, during the pendency of proceedings under paragraph (5), 
     extend the temporary scheduling order for up to 180 days.
       ``(3) A temporary scheduling order issued under paragraph 
     (1) shall be vacated upon the issuance of a permanent order 
     issued under paragraph (5) with regard to the same substance, 
     or upon the subsequent issuance of any scheduling order under 
     this section.
       ``(4) A temporary scheduling order issued under paragraph 
     (1) shall not be subject to judicial review.
       ``(5) The Attorney General may, by rule, issue a permanent 
     order adding a drug or other substance to schedule A if such 
     drug or substance satisfies the criteria for being considered 
     a schedule A substance. Such rulemaking may be commenced 
     simultaneously with the issuance of the temporary scheduling 
     order issued under paragraph (1) with regard to the same 
     substance.
       ``(6) Before initiating proceedings under paragraph (1) or 
     (5), the Attorney General shall transmit notice of an order 
     proposed to be issued to the Secretary of Health and Human 
     Services. In issuing an order under paragraph (1) or (5), the 
     Attorney General shall take into consideration any comments 
     submitted by the Secretary of Health and Human Services in 
     response to a notice transmitted pursuant to this 
     paragraph.''.

     SEC. 1404. PENALTIES.

       (a) Controlled Substances Act.--The Controlled Substances 
     Act (21 U.S.C. 801 et seq.) is amended--
       (1) in section 401(b)(1) (21 U.S.C. 841(b)(1)), by adding 
     at the end the following:
       ``(F)(i) In the case of any controlled substance in 
     schedule A, such person shall be sentenced to a term of 
     imprisonment of not more than 10 years and if death or 
     serious bodily injury results from the use of such substance 
     shall be sentenced to a term of imprisonment of not more than 
     15 years, a fine not to exceed the greater of that authorized 
     in accordance with the provisions of title 18, United States 
     Code, or $500,000 if the defendant is an individual or 
     $2,500,000 if the defendant is other than an individual, or 
     both.
       ``(ii) If any person commits such a violation after a prior 
     conviction for a felony drug offense has become final, such 
     person shall be sentenced to a term of imprisonment of not 
     more than 20 years and if death or serious bodily injury 
     results from the use of such substance shall be sentenced to 
     a term of imprisonment of not more than 30 years, a fine not 
     to exceed the greater of twice that authorized in accordance 
     with the provisions of title 18, United States Code, or 
     $1,000,000 if the defendant is an individual or $5,000,000 if 
     the defendant is other than an individual, or both.
       ``(iii) Any sentence imposing a term of imprisonment under 
     this subparagraph shall, in the absence of such a prior 
     conviction, impose a term of supervised release of not less 
     than 2 years in addition to such term of imprisonment and 
     shall, if there was such a prior conviction, impose a term of 
     supervised release of not less than 4 years in addition to 
     such term of imprisonment.'';
       (2) in section 403(a) (21 U.S.C. 843(a))--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) to export a substance in violation of the controlled 
     substance laws of the country to which the substance is 
     exported.''; and
       (3) in section 404 (21 U.S.C. 844), by inserting after 
     subsection (a) the following:
       ``(b) A person shall not be subject to a criminal or civil 
     penalty under this title or under any other Federal law 
     solely for possession of a schedule A controlled 
     substance.''.
       (b) Controlled Substances Import and Export Act.--Section 
     1010(b) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)) is amended by adding at the end the 
     following:
       ``(8) In the case of a violation under subsection (a) 
     involving a controlled substance in schedule A, the person 
     committing such violation shall be sentenced to a term of 
     imprisonment of not more than 20 years and if death or 
     serious bodily injury results from the use of such substance 
     shall be sentenced to a term of imprisonment for any term of 
     years or for life, a fine not to exceed the greater of that 
     authorized in accordance with the provisions of title 18, 
     United States Code, or $1,000,000 if the defendant is an 
     individual or $5,000,000 if the defendant is other than an 
     individual, or both. If any person commits such a violation 
     after a prior conviction for a felony drug offense has become 
     final, such person shall be sentenced to a term of 
     imprisonment of not more than 30 years and if death or 
     serious bodily injury results from the use of such substance 
     shall be sentenced to a term of imprisonment for any term of 
     years or for life, a fine not to exceed the greater of twice 
     that authorized in accordance with the provisions of title 
     18, United States Code, or $2,000,000 if the defendant is an 
     individual or $10,000,000 if the defendant is other than an 
     individual, or both. Notwithstanding section 3583 of title 
     18, United States Code, any sentence imposing a term of 
     imprisonment under this paragraph shall, in the absence of 
     such a prior conviction, impose a term of supervised release 
     of not less than 3 years in addition to such term of 
     imprisonment and shall, if there was such a prior conviction, 
     impose a term of supervised release of not less than 6 years 
     in addition to such term of imprisonment. Notwithstanding the 
     prior sentence, and notwithstanding any other provision of 
     law, the court shall not place on probation or suspend the 
     sentence of any person sentenced under the provisions of this 
     paragraph which provide for a mandatory term of imprisonment 
     if death or serious bodily injury results.''.

     SEC. 1405. FALSE LABELING OF SCHEDULE A CONTROLLED 
                   SUBSTANCES.

       (a) In General.--Section 305 of the Controlled Substances 
     Act (21 U.S.C. 825) is amended by adding at the end the 
     following:
       ``(f) False Labeling of Schedule A Controlled Substances.--
       ``(1) It shall be unlawful to import, export, manufacture, 
     distribute, dispense, or possess with intent to manufacture, 
     distribute, or dispense, a schedule A substance or product 
     containing a schedule A substance, unless the substance or 
     product bears a label clearly identifying a schedule A 
     substance or product containing a schedule A substance by the 
     nomenclature used by the International Union of Pure and 
     Applied Chemistry.
       ``(2)(A) A product described in subparagraph (B) is exempt 
     from the International Union of Pure and Applied Chemistry 
     nomenclature requirement of this subsection if such product 
     is labeled in the manner required under the Federal Food, 
     Drug, and Cosmetic Act.
       ``(B) A product is described in this subparagraph if the 
     product--
       ``(i) is the subject of an approved application as 
     described in section 505(b) or (j) of the Federal Food, Drug, 
     and Cosmetic Act; or
       ``(ii) is exempt from the provisions of section 505 of such 
     Act relating to new drugs because--
       ``(I) it is intended solely for investigational use as 
     described in section 505(i) of such Act; and
       ``(II) such product is being used exclusively for purposes 
     of a clinical trial that is the subject of an effective 
     investigational new drug application.''.
       (b) Penalties.--Section 402 of the Controlled Substances 
     Act (21 U.S.C. 842) is amended--
       (1) in subsection (a)(16), by inserting ``or subsection 
     (f)'' after ``subsection (e)''; and
       (2) in subsection (c)(1)(D), by inserting ``or a schedule A 
     substance'' after ``anabolic steroid''.

     SEC. 1406. REGISTRATION REQUIREMENTS FOR HANDLERS OF SCHEDULE 
                   A SUBSTANCES.

       (a) Controlled Substances Act.--Section 303 of the 
     Controlled Substances Act (21 U.S.C. 823) is amended--
       (1) in subsection (f), in the undesignated matter following 
     paragraph (5)--
       (A) by inserting ``or A'' after ``schedule I'' each place 
     it appears; and
       (B) by adding at the end the following: ``A separate 
     registration for engaging in research with a controlled 
     substance in schedule A for practitioners already registered 
     under this part to engage in research with controlled 
     substances in schedule I shall not be required. The Secretary 
     shall determine the merits of the research protocol submitted 
     by the practitioner registering to engage in research with a 
     controlled substance in schedule A, and the Attorney General 
     may deny or revoke the registration only on a ground 
     specified in section 304.''; and
       (2) by adding at the end the following:
       ``(k)(1) The Attorney General shall register an applicant 
     to manufacture schedule A substances if--
       ``(A) the applicant demonstrates that the schedule A 
     substances will be used for research, analytical, or 
     industrial purposes approved by the Attorney General; and
       ``(B) the Attorney General determines that such 
     registration is consistent with the public interest and with 
     the United States obligations under international treaties, 
     conventions, or protocols in effect on the date of enactment 
     of this subsection.
       ``(2) In determining the public interest under paragraph 
     (1)(B), the Attorney General shall consider--
       ``(A) maintenance of effective controls against diversion 
     of particular controlled substances and any controlled 
     substance in schedule A compounded therefrom into other than 
     legitimate medical, scientific, research, or industrial 
     channels, by limiting the importation and bulk manufacture of 
     such controlled substances to a number of establishments 
     which can produce an adequate and uninterrupted supply of 
     these substances under adequately competitive conditions for 
     legitimate medical, scientific, research, and industrial 
     purposes;
       ``(B) compliance with applicable State and local law;
       ``(C) promotion of technical advances in the art of 
     manufacturing substances described in subparagraph (A) and 
     the development of new substances;
       ``(D) prior conviction record of applicant under Federal 
     and State laws relating to the manufacture, distribution, or 
     dispensing of substances described in paragraph (A);

[[Page S1002]]

       ``(E) past experience in the manufacture of controlled 
     substances, and the existence in the establishment of 
     effective control against diversion; and
       ``(F) such other factors as may be relevant to and 
     consistent with the public health and safety.
       ``(3) If an applicant is registered to manufacture 
     controlled substances in schedule I or II under subsection 
     (a), the applicant shall not be required to apply for a 
     separate registration under this subsection.
       ``(l)(1) The Attorney General shall register an applicant 
     to distribute schedule A substances--
       ``(A) if the applicant demonstrates that the schedule A 
     substances will be used for research, analytical, or 
     industrial purposes approved by the Attorney General; and
       ``(B) unless the Attorney General determines that the 
     issuance of such registration is inconsistent with the public 
     interest.
       ``(2) In determining the public interest under paragraph 
     (1)(B), the Attorney General shall consider--
       ``(A) maintenance of effective control against diversion of 
     particular controlled substances into other than legitimate 
     medical, scientific, and industrial channels;
       ``(B) compliance with applicable State and local law;
       ``(C) prior conviction record of applicant under Federal or 
     State laws relating to the manufacture, distribution, or 
     dispensing of substances described in subparagraph (A);
       ``(D) past experience in the distribution of controlled 
     substances; and
       ``(E) such other factors as may be relevant to and 
     consistent with the public health and safety.
       ``(3) If an applicant is registered to distribute a 
     controlled substance in schedule I or II under subsection 
     (b), the applicant shall not be required to apply for a 
     separate registration under this subsection.
       ``(m)(1) Not later than 90 days after the date on which a 
     substance is placed in schedule A, any practitioner who was 
     engaged in research on the substance before the placement of 
     the substance in schedule A and any manufacturer or 
     distributor who was handling the substance before the 
     placement of the substance in schedule A shall register with 
     the Attorney General.
       ``(2)(A) Not later than 60 days after the date on which the 
     Attorney General receives an application for registration to 
     conduct research on a schedule A substance, the Attorney 
     General shall--
       ``(i) grant, or initiate proceedings under section 304(c) 
     to deny, the application; or
       ``(ii) request supplemental information from the applicant.
       ``(B) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information requested 
     under subparagraph (A)(ii) in connection with an application 
     described in subparagraph (A), the Attorney General shall 
     grant or deny the application.''.
       (b) Controlled Substances Import and Export Act.--Section 
     1008 of the Controlled Substances Import and Export Act (21 
     U.S.C. 958) is amended by adding at the end the following:
       ``(j)(1) The Attorney General shall register an applicant 
     to import or export a schedule A substance if--
       ``(A) the applicant demonstrates that the schedule A 
     substances will be used for research, analytical, or 
     industrial purposes approved by the Attorney General; and
       ``(B) the Attorney General determines that such 
     registration is consistent with the public interest and with 
     the United States obligations under international treaties, 
     conventions, or protocols in effect on the date of enactment 
     of this subsection.
       ``(2) In determining the public interest under paragraph 
     (1)(B), the Attorney General shall consider the factors 
     described in subparagraphs (A) through (F) of section 
     303(k)(2).
       ``(3) If an applicant is registered to import or export a 
     controlled substance in schedule I or II under subsection 
     (a), the applicant shall not be required to apply for a 
     separate registration under this subsection.''.

     SEC. 1407. ADDITIONAL CONFORMING AMENDMENTS.

       (a) Controlled Substances Act.--The Controlled Substances 
     Act (21 U.S.C. 801 et seq.) is amended--
       (1) in section 303(c) (21 U.S.C. 823(c))--
       (A) by striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a), (b), (k), or (l)''; and
       (B) by striking ``schedule I or II'' and inserting 
     ``schedule I, II, or A'';
       (2) in section 306 (21 U.S.C. 826)--
       (A) in subsection (a), in the first sentence, by striking 
     ``schedules I and II'' and inserting ``schedules I, II, and 
     A'';
       (B) in subsection (b), in the second sentence, by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A'';
       (C) in subsection (c), in the first sentence, by striking 
     ``schedules I and II'' and inserting ``schedules I, II, and 
     A'';
       (D) in subsection (d), in the first sentence, by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A'';
       (E) in subsection (e), in the first sentence, by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A''; 
     and
       (F) in subsection (f), in the first sentence, by striking 
     ``schedules I and II'' and inserting ``schedules I, II, and 
     A'';
       (3) in section 308(a) (21 U.S.C. 828(a)), by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A'';
       (4) in section 402(b) (21 U.S.C. 842(b)), in the matter 
     preceding paragraph (1), by striking ``schedule I or II'' and 
     inserting ``schedule I, II, or A'';
       (5) in section 403(a)(1) (21 U.S.C. 843(a)(1)), by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A''; 
     and
       (6) in section 511(f) (21 U.S.C. 881(f)), by striking 
     ``schedule I or II'' each place it appears and inserting 
     ``schedule I, II, or A''.
       (b) Controlled Substances Import Export Act.--The 
     Controlled Substances Import and Export Act (21 U.S.C. 951 et 
     seq.) is amended--
       (1) in section 1002(a) (21 U.S.C. 952(a))--
       (A) in the matter preceding paragraph (1), by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A''; 
     and
       (B) in paragraph (2), by striking ``schedule I or II'' and 
     inserting ``schedule I, II, or A'';
       (2) in section 1003 (21 U.S.C. 953)--
       (A) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``schedule I or II'' and inserting 
     ``schedule I, II, or A''; and
       (B) in subsection (d), by striking ``schedule I or II'' and 
     inserting ``schedule I, II, or A'';
       (3) in section 1004(1) (21 U.S.C. 954(1)), by striking 
     ``schedule I'' and inserting ``schedule I or A'';
       (4) in section 1005 (21 U.S.C. 955), by striking ``schedule 
     I or II'' and inserting ``schedule I, II, or A''; and
       (5) in section 1009(a) (21 U.S.C. 959(a)), by striking 
     ``schedule I or II'' and inserting ``schedule I, II, or A''.

     SEC. 1408. CLARIFICATION OF THE DEFINITION OF CONTROLLED 
                   SUBSTANCE ANALOGUE UNDER THE ANALOGUE 
                   ENFORCEMENT ACT.

       Section 102 of the Controlled Substances Act (21 U.S.C. 
     802) is amended--
       (1) in paragraph (6), by striking ``or V'' and inserting 
     ``V, or A'';
       (2) in paragraph (14)--
       (A) by striking ``schedule I(c) and'' and inserting 
     ``schedule I(c), schedule A, and''; and
       (B) by striking ``schedule I(c),'' and inserting ``schedule 
     I(c) and schedule A,''; and
       (3) in paragraph (32)(A), by striking ``(32)(A)'' and all 
     that follows through clause (iii) and inserting the 
     following:
       ``(32)(A) Except as provided in subparagraph (C), the term 
     `controlled substance analogue' means a substance whose 
     chemical structure is substantially similar to the chemical 
     structure of a controlled substance in schedule I or II--
       ``(i) which has a stimulant, depressant, or hallucinogenic 
     effect on the central nervous system that is substantially 
     similar to or greater than the stimulant, depressant, or 
     hallucinogenic effect on the central nervous system of a 
     controlled substance in schedule I or II; or
       ``(ii) with respect to a particular person, which such 
     person represents or intends to have a stimulant, depressant, 
     or hallucinogenic effect on the central nervous system that 
     is substantially similar to or greater than the stimulant, 
     depressant, or hallucinogenic effect on the central nervous 
     system of a controlled substance in schedule I or II.''.

     SEC. 1409. RULES OF CONSTRUCTION.

       Nothing in this subtitle, or the amendments made by this 
     subtitle, may be construed to limit--
       (1) the prosecution of offenses involving controlled 
     substance analogues under the Controlled Substances Act (21 
     U.S.C. 801 et seq.); or
       (2) the authority of the Attorney General to temporarily or 
     permanently schedule, reschedule, or decontrol controlled 
     substances under provisions of section 201 of the Controlled 
     Substances Act (21 U.S.C. 811) that are in effect on the day 
     before the date of enactment of this Act.

                     Subtitle E--Domestic Security

                       CHAPTER 1--GENERAL MATTERS

     SEC. 1501. KEEP OUR COMMUNITIES SAFE ACT.

       (a) In General.--Section 236 of the Immigration and 
     Nationality Act (8 U.S.C. 1226) is amended by striking the 
     section designation and heading and all that follows through 
     the period at the end of subsection (c) and inserting the 
     following:

     ``SEC. 236. APPREHENSION AND DETENTION OF ALIENS.

       ``(a) Arrest, Detention, and Release.--
       ``(1) In general.--The Secretary, on a warrant issued by 
     the Secretary, may arrest an alien and detain the alien 
     pending a decision on whether the alien is to be removed from 
     the United States until the date on which the alien has an 
     administratively final order of removal. Except as provided 
     in subsection (c) and pending such decision, the Secretary--
       ``(A) may--
       ``(i) continue to detain the arrested alien if the 
     Secretary or the Attorney General determines that continued 
     detention is warranted;
       ``(ii) release the alien on bond of at least $5,000, with 
     security approved by, and containing conditions prescribed 
     by, the Secretary or the Attorney General; or
       ``(iii) release the alien on his or her own recognizance, 
     subject to appropriate conditions set forth by the Secretary 
     or the Attorney General, if the Secretary or the Attorney 
     General determines that the alien will not pose a danger to 
     the safety of other persons or of property and is likely to 
     appear for any scheduled proceeding; and
       ``(B) may not provide the alien with work authorization 
     (including an `employment authorized' endorsement or other 
     appropriate work permit) or advance parole to travel outside 
     of the United States, unless the alien

[[Page S1003]]

     is lawfully admitted for permanent residence or otherwise 
     would (without regard to removal proceedings) be provided 
     such authorization.
       ``(b) Revocation of Bond or Parole.--The Secretary, at any 
     time, may revoke bond or parole authorized under subsection 
     (a), rearrest the alien under the original warrant, and 
     detain the alien.
       ``(c) Mandatory Detention of Criminal Aliens.--
       ``(1) Criminal aliens.--The Secretary shall take into 
     custody and continue to detain any alien at any time if the 
     alien--
       ``(A)(i) has not been admitted or paroled into the United 
     States; and
       ``(ii) was apprehended anywhere within 100 miles of the 
     international border of the United States;
       ``(B) is inadmissible by reason of having committed any 
     offense covered in section 212(a)(2);
       ``(C) is deportable by reason of having committed any 
     offense covered in section 237(a)(2);
       ``(D) is convicted for an offense under section 275(a);
       ``(E) is convicted for an offense under section 276;
       ``(F) is convicted for any felony; or
       ``(G) is inadmissible under subparagraph (A) or (B) of 
     section 212(a)(3) or deportable under subparagraph (A) or (B) 
     of section 237(a)(4).
       ``(2) Release.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary may release an alien described in paragraph (1) 
     only if the Secretary decides pursuant to section 3521 of 
     title 18, United States Code, and in accordance with a 
     procedure that considers the severity of the offense 
     committed by the alien, that--
       ``(i) release of the alien from custody is necessary to 
     provide protection to--

       ``(I) a witness;
       ``(II) a potential witness;
       ``(III) a person cooperating with an investigation into 
     major criminal activity; or
       ``(IV) an immediate family member or close associate of a 
     witness, potential witness, or person cooperating with such 
     an investigation; and

       ``(ii) the alien demonstrates to the satisfaction of the 
     Secretary that the alien--

       ``(I) is not a flight risk;
       ``(II) poses no danger to the safety of other persons or of 
     property;
       ``(III) is not a threat to national security or public 
     safety; and
       ``(IV) is likely to appear at any scheduled proceeding.

       ``(B) Arrested, but not convicted, aliens.--
       ``(i) Release for proceedings.--The Secretary may release 
     any alien held pursuant to paragraph (1) to the appropriate 
     authority for any proceedings subsequent to the arrest.
       ``(ii) Resumption of custody.--If an alien is released 
     pursuant to clause (i), the Secretary shall--

       ``(I) resume custody of the alien during any period pending 
     the final disposition of any proceedings subsequent to arrest 
     for which the alien is not in the custody of the appropriate 
     authority referred to in clause (i); and
       ``(II) if the alien is not convicted of the offense for 
     which the alien was arrested, the Secretary shall continue to 
     detain the alien until the date on which removal proceedings 
     are completed.''.

       (b) Clerical Amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     striking the item relating to section 236 and inserting the 
     following:

``Sec. 236. Apprehension and detention of aliens.''.

     SEC. 1502. DETERRING VISA OVERSTAYS.

       (a) Admission of Nonimmigrants.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     striking the section designation and heading and all that 
     follows through the end of subsection (a)(1) and inserting 
     the following:

     ``SEC. 214. ADMISSION OF NONIMMIGRANTS.

       ``(a) In General.--
       ``(1) Terms and conditions of admission.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the admission to the United States of any alien as a 
     nonimmigrant may be for such time and under such conditions 
     as the Secretary may prescribe, in his or her sole and 
     unreviewable discretion, including when the Secretary deems 
     necessary the giving of a bond with sufficient surety in such 
     sum and containing such conditions as the Secretary shall 
     prescribe, to ensure that at the expiration of such time or 
     upon failure to maintain the status under which the alien was 
     admitted, or to maintain any status subsequently acquired 
     under section 248, such alien will depart from the United 
     States.
       ``(B) Guam or cnmi visa waiver nonimmigrants.--No alien 
     admitted to Guam or the Commonwealth of the Northern Mariana 
     Islands without a visa pursuant to section 212(l) may be 
     authorized to enter or stay in the United States, other than 
     in Guam or the Commonwealth of the Northern Mariana Islands, 
     or to remain in Guam or the Commonwealth of the Northern 
     Mariana Islands for a period exceeding 45 days after the date 
     on which the alien was admitted to Guam or the Commonwealth 
     of the Northern Mariana Islands.
       ``(C) Visa waiver program nonimmigrants.--An alien admitted 
     to the United States without a visa pursuant to section 217 
     shall not be authorized to remain in the United States as a 
     nonimmigrant visitor for a period exceeding 90 days from the 
     date on which the alien was admitted.
       ``(D) Bar to immigration benefits and to contesting 
     removal.--
       ``(i) Definition of good cause.--In this subparagraph, the 
     term `good cause' means extreme exigent humanitarian 
     circumstances, determined on a case-by-case basis only, such 
     as a medical emergency or force majeure.
       ``(ii) Consequence of overstay.--Subject to clause (iii), 
     except for an alien admitted as a nonimmigrant under of 
     subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of 
     section 101(a)(15) or as a NATO-1, 2, 3, 4, 5, or 6 
     nonimmigrant, any alien who remains in the United States for 
     a period of more than 30 days after the date on which the 
     period of stay or parole authorized by the Secretary for the 
     alien ends, without good cause, is inadmissible and 
     ineligible for all immigration benefits or relief available 
     under the immigration laws, including relief under sections 
     240A(b)(1), 240B(b), 245, 248, and 249, other than--

       ``(I) asylum;
       ``(II) relief as a victim of trafficking under section 
     101(a)(15)(T);
       ``(III) relief as a victim of criminal activity under 
     section 101(a)(15)(U);
       ``(IV) relief under the Violence Against Women Act of 1994 
     (42 U.S.C. 13701 et seq.) as a spouse or child who has been 
     battered or subjected to extreme cruelty;
       ``(V) relief as a battered spouse or child under section 
     240A(b)(2);
       ``(VI) withholding of removal under section 241(b)(3); or
       ``(VII) protection from removal based on a claim under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1984.

       ``(iii) Exception.--The Secretary may, in the Secretary's 
     sole and unreviewable discretion, determine that a 
     nonimmigrant is not subject to clause (ii) if--

       ``(I) the alien was lawfully inspected and admitted to the 
     United States as a nonimmigrant;
       ``(II) the alien filed a nonfrivolous application for 
     change of status to another nonimmigrant category or for an 
     extension of stay before the date on which the alien's 
     authorized period of stay as a nonimmigrant expired;
       ``(III) the alien has not been employed without 
     authorization in the United States, before or during pendency 
     of the application referred to in subclause (II);
       ``(IV) the alien has not otherwise violated the terms of 
     the alien's nonimmigrant status; and
       ``(V) the Secretary, in the Secretary's sole and 
     unreviewable discretion, determines that the alien is not a 
     threat to national security or public safety.

       ``(iv) Detention and expedited removal.--An alien described 
     in clause (ii) who remains in the United States more than 30 
     days after the date on which the period of stay authorized by 
     the Secretary ends, without good cause, shall be detained and 
     the Secretary shall expeditiously remove the alien from the 
     United States not later than 90 days after the date on which 
     the alien is detained.
       ``(v) Limitation on judicial review.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, any other 
     habeas corpus provision, or sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any cause 
     or claim, arising from, or relating to, the detention and 
     expedited removal of an alien pursuant to clause (iv).''.
       (b) Visa Waiver Program Waiver of Rights.--Section 217(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1187(b)) is 
     amended to read as follows:
       ``(b) Waiver of Rights.--An alien may not be provided a 
     waiver under the program unless the alien has--
       ``(1) signed, under penalty of perjury, an acknowledgement 
     confirming that the alien was notified and understands that 
     he or she will be--
       ``(A) ineligible for any form of relief or immigration 
     benefit under the Act or any other immigration laws, 
     including sections 240A(b)(1), 240B(b), 245, 248, and 249 
     (other than a request for asylum), relief as a victim of 
     trafficking under section 101(a)(15)(T), relief as a victim 
     of criminal activity under 101(A)(15)(U), relief under the 
     Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) 
     as a spouse or child who has been battered or subjected to 
     extreme cruelty, relief as a battered spouse or child under 
     section 240A(b)(2), withholding of removal under section 
     241(b)(3), or protection from removal based on a claim under 
     the Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1984; and
       ``(B) subject to detention and expedited removal from the 
     United States, if the alien fails to depart from the United 
     States at the end of the 90-day period for admission;
       ``(2) waived any right to review or appeal under this Act 
     of an immigration officer's determination as to the 
     admissibility of the alien at the port of entry into the 
     United States; and
       ``(3) waived any right to contest any action for removal of 
     the alien.''.
       (c) Detention and Repatriation of Visa Waiver Violators.--
     Section 217(c)(2)(E) of the Immigration and Nationality Act 
     (8 U.S.C. 1187(c)(2)(E)) is amended to read as follows:

[[Page S1004]]

       ``(E) Detention and repatriation of aliens.--Any alien who 
     fails to depart from the United States at the end of the 90-
     day period for admission shall be detained pending 
     removal.''.
       (d) Issuance of Nonimmigrant Visas.--Section 221(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended 
     by adding at the end the following:
       ``(3) The Secretary of State shall ensure that every 
     application for a nonimmigrant visa includes an 
     acknowledgment, executed by the alien under penalty of 
     perjury, confirming that the alien--
       ``(A) has been notified of the terms and conditions of the 
     nonimmigrant visa, including the waiver of rights under 
     subsection (j); and
       ``(B) understands that he or she will be ineligible for all 
     immigration benefits and any form of relief or protection 
     from removal, including relief under sections 240A(b)(1), 
     240B(b), 245, 248, and 249, other than a request for asylum, 
     relief as a victim of trafficking under section 
     101(a)(15)(T), relief as a victim of criminal activity under 
     101(A)(15)(U), relief under the Violence Against Women Act of 
     1994 (42 U.S.C. 13701 et seq.) as a spouse or child who has 
     been battered or subjected to extreme cruelty, relief as a 
     battered spouse or child under section 240A(b)(2), 
     withholding of removal under section 241(b)(3), or protection 
     from removal based on a claim under the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York, December 10, 1984, and from 
     contesting removal if the alien violates any term or 
     condition of his or her nonimmigrant visa or fails to depart 
     the United States not later than 30 days after the end of the 
     alien's authorized period of stay.''.
       (e) Requirement That All Nonimmigrants Have a Specified 
     Authorized Period of Stay End Date.--Section 235(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended 
     by adding at the end the following:
       ``(6) Period of stay.--Any alien who an examining 
     immigration officer has determined to be admissible as a 
     nonimmigrant, except for aliens who are admissible under 
     subparagraph (A)(i), (A)(ii), (G)(i), (G)(ii), or (G)(iii) of 
     section 101(a)(15), or who such officer has determined to be 
     eligible for parole--
       ``(A) shall be admitted or paroled, as appropriate, into 
     the United States for a specific period; and
       ``(B) shall be issued documentation stating the end date of 
     the alien's period of stay in the United States.''.
       (f) Bars to Immigration Relief.--Section 221 of the 
     Immigration and Nationality Act is amended by adding at the 
     end the following:
       ``(j) Waiver of Rights.--The Secretary of State may not 
     issue a nonimmigrant visa under section 214 to an alien 
     (other than an alien who qualifies for a visa under 
     subparagraph (A) or (G) of section 101(a)(15), who is 
     eligible for relief under the Violence Against Women Act of 
     1994 (42 U.S.C. 13701 et seq.) as a spouse or child who has 
     been battered or subjected to extreme cruelty, or qualifies 
     for a visa as a NATO-1, 2, 3, 4, 5, or 6 nonimmigrant) until 
     the alien has waived any right to relief under sections 
     240A(b)(1), 240B(b), 245, 248, and 249 (other than relief 
     from removal under section 241(b)(3) or protection from 
     removal based on a claim under the Convention Against Torture 
     and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York, December 10, 1984), any form of 
     relief established after the date on which the nonimmigrant 
     visa is issued, and from contesting removal if the alien--
       ``(1) violates a term or condition of his or her 
     nonimmigrant status; or
       ``(2) fails to depart the United States not later than the 
     date that is 30 days after last day of the alien's authorized 
     period of stay (as described in section 214(a)(1)).''.
       (g) Effective Date; Applicability.--
       (1) In general.--This section and the amendments made by 
     this section shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply only to new visas, initial admissions of 
     nonimmigrants, and initial requests for change of status from 
     a nonimmigrant category to another nonimmigrant category 
     under section 248 of the Immigration and Nationality Act (8 
     U.S.C. 1258).
       (2) Previously admitted individuals.--An individual 
     previously admitted to the United States on a nonimmigrant 
     visa who is present in the United States before the date of 
     the enactment of this Act shall not be subject to this 
     section or to the amendments made by this section until the 
     alien departs from the United States or requests a change of 
     nonimmigrant classification under section 248 of the 
     Immigration and Nationality Act (8 U.S.C. 1258).

     SEC. 1503. INCREASE IN IMMIGRATION DETENTION CAPACITY.

       Not later than September 30, 2022, and subject to the 
     availability of appropriations, the Secretary of Homeland 
     Security shall increase the immigration detention capacity to 
     a daily immigration detention capacity of not fewer than 
     48,879 detention beds.

     SEC. 1504. COLLECTION OF DNA FROM CRIMINAL AND DETAINED 
                   ALIENS.

       Section 3 of the DNA Analysis Backlog Elimination Act of 
     2000 (34 U.S.C. 40702) is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following:
       ``(C) The Secretary of Homeland Security shall collect DNA 
     samples from any alien (as defined under section 101(a)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) 
     who--
       ``(i) has been detained pursuant to section 
     235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of such Act (8 
     U.S.C. 1225(b)(1)(B)(iii)(IV), 1226, 1226a, and 1228); or
       ``(ii) is the subject of a final order of removal under 
     section 240 of such Act (8 U.S.C. 1229a) based on 
     inadmissibility under section 212(a)(2) of such Act (8 U.S.C. 
     1182(a)(2)) or being subject to removal under section 
     237(a)(2) of such Act (8 U.S.C. 1227(a)(2)).''; and
       (2) in subsection (b), by striking ``or the probation 
     office responsible (as applicable)'' and inserting ``the 
     probation office responsible, or the Secretary of Homeland 
     Security''.

     SEC. 1505. COLLECTION, USE, AND STORAGE OF BIOMETRIC DATA.

       (a) Collection and Use of Biometric Information for 
     Immigration Purposes.--
       (1) Collection.--The Secretary of Homeland Security and the 
     Secretary of State may require any individual filing with the 
     Department of Homeland Security or the Department of State an 
     application, petition, or other request for an immigration 
     benefit or immigration status or seeking an immigration 
     benefit or other authorization, employment authorization, 
     identity, or travel document, or requesting relief or 
     protection under any provision of the immigration laws to 
     submit to either Secretary biometric information, including 
     fingerprints, photograph, signature, voice print, iris scan, 
     or DNA.
       (2) Use.--The Secretary of Homeland Security and the 
     Secretary of State may use any biometric information 
     submitted under paragraph (1) to conduct background and 
     security checks, verify an individual's identity, adjudicate, 
     revoke, or terminate an immigration benefit or immigration 
     status, and perform other functions related to administering 
     and enforcing the immigration laws.
       (b) Biometric and Biographic Information Sharing.--
       (1) Sharing with department of defense and federal bureau 
     of investigation.--The Secretary of Homeland Security, the 
     Secretary of Defense, the Secretary of State, and the 
     Director of the Federal Bureau of Investigation--
       (A) shall exchange appropriate biometric and biographic 
     information to determine or confirm the identity of an 
     individual and to assess whether the individual is a threat 
     to national security or public safety; and
       (B) may use information exchanged pursuant to subparagraph 
     (A)--
       (i) to compare biometric and biographic information 
     contained in applicable systems of the Department of Homeland 
     Security, the Department of Defense, the Department of State, 
     or the Federal Bureau of Investigation to determine if there 
     is a match between such information; and
       (ii) if there is a match between such information, to relay 
     such information to the requesting agency.
       (2) Use of biometric data by the department of state.--The 
     Secretary of State shall use biometric information from 
     applicable systems of the Department of Homeland Security, 
     the Department of Defense, and the Federal Bureau of 
     Investigation to screen and track visa applicants and other 
     individuals who are--
       (A)(i) known or suspected terrorists; or
       (ii) identified as a potential threat to national security; 
     and
       (B) using an alias while traveling.
       (3) Report on biometric information sharing with mexico and 
     other countries for identity verification.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary of Homeland Security and the Secretary of State 
     shall submit a joint report on the status of efforts to 
     engage with the Government of Mexico and the governments of 
     other appropriate foreign countries located in Central 
     America or South America--
       (A) to discuss coordination on biometric information 
     sharing between the United States and such countries; and
       (B) to enter into bilateral agreements that provide for the 
     sharing of such biometric information with the Department of 
     State, the Department of Defense, the Department of Justice, 
     the Federal Bureau of Investigation, and the Department of 
     Homeland Security to use in--
       (i) identifying individuals who are known or suspected 
     terrorists or potential threats to national security; and
       (ii) verifying the entry and exit of individuals to and 
     from the United States.
       (4) Rule of construction.--The collection of biometric 
     information under paragraph (1) shall not limit the authority 
     of the Secretary of Homeland Security to collect biometric 
     information from any individual arriving to or departing from 
     the United States.

     SEC. 1506. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish a pilot program in at least 5 of the 10 U.S. 
     Immigration and Customs Enforcement field offices or regions 
     with the largest removal caseloads to allow U.S. Immigration 
     and Customs Enforcement officers to use handheld or vehicle-
     mounted computers to electronically--
       (1) process and serve charging documents, including notices 
     to appear, while in the field;

[[Page S1005]]

       (2) process and place detainers while in the field;
       (3) collect biometric data for the purpose of identifying 
     an alien and establishing both immigration status and 
     criminal history while in the field;
       (4) enter any required data, including personal information 
     about an alien subject and the reason for issuing a document;
       (5) apply the electronic signature of the issuing U.S. 
     Immigration and Customs Enforcement officer or agent;
       (6) apply or capture the electronic signature of the alien 
     on any charging document or notice, including any electronic 
     signature captured to acknowledge service of such documents 
     or notices;
       (7) set the date on which the alien is required to appear 
     before an immigration judge, in the case of a notice to 
     appear;
       (8) print any documents the alien may be required to sign, 
     along with additional copies of documents to be served on the 
     alien; and
       (9) interface with the ENFORCE database so that all data is 
     collected, stored, and retrievable in real-time.
       (b) Contract Support.--The Secretary of Homeland Security 
     may contract with commercial vendors to test prototypes for 
     electronic handheld or vehicle-mounted computers capable of 
     meeting the requirements under subsection (a).
       (c) Rule of Construction.--The pilot program described in 
     subsection (a) shall be designed to replace, to the extent 
     possible, the current paperwork and data entry process used 
     for issuing charging documents and detainers referred to in 
     that subsection.
       (d) Report.--Not later than 1 year after the date on which 
     the pilot program described in subsection (a) commences, the 
     Comptroller General of the United States shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on the Judiciary of the House 
     of Representatives a report that includes--
       (1) the results of the pilot program; and
       (2) recommendations for using the technology described in 
     subsection (a) on a nationwide basis.

     SEC. 1507. ENDING ABUSE OF PAROLE AUTHORITY.

       (a) In General.--Section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)) is amended to read as 
     follows:
       ``(5) Parole authority.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Public interest.--With respect to a reason for 
     parole, the term `public interest' means the alien has 
     assisted the United States Government in a significant 
     matter, such as an important criminal investigation, 
     espionage, or other similar law enforcement or national 
     security activity, or that involves law enforcement functions 
     related to international extradition or mutual legal 
     assistance activities, and either the alien's presence in the 
     United States is required by the Government or the alien's 
     life would be threatened if the alien were not permitted to 
     come to the United States.
       ``(ii) Urgent humanitarian reason defined.--With respect to 
     an alien, the term `urgent humanitarian reason' means--

       ``(I) the alien has a medical emergency and the alien 
     cannot obtain necessary treatment in the foreign state in 
     which the alien is residing or the medical emergency is life-
     threatening and there is insufficient time for the alien to 
     be admitted through the normal visa process;
       ``(II) the alien is needed in the United States in order to 
     donate an organ or other tissue for transplant into a close 
     family member;
       ``(III) the alien has a close family member in the United 
     States whose death is imminent and the alien could not arrive 
     in the United States in time to see such family member alive 
     if the alien were to be admitted through the normal visa 
     process;
       ``(IV) the alien is a lawful applicant for adjustment of 
     status under section 245; or
       ``(V) the alien was lawfully granted status under section 
     208 or lawfully admitted under section 207.

       ``(B) Parole authorized.--Except as provided in 
     subparagraph (C) or section 214(f), the Secretary may, in his 
     or her sole and unreviewable discretion, temporarily parole 
     into the United States any alien applying for admission to 
     the United States, under such conditions as the Secretary may 
     prescribe, including requiring the posting of a bond, but 
     only on a case-by-case basis and not according to eligibility 
     criteria describing an entire class of potential parole 
     recipients, for an urgent humanitarian reason or a reason 
     deemed strictly in the public interest.
       ``(C) Parole not an admission.--In accordance with section 
     101(a)(13)(B), parole of an alien under subparagraph (B) 
     shall not be regarded as an admission of the alien to the 
     United States. When the purposes of the parole of an alien 
     have been served, as determined by the Secretary, the alien 
     shall immediately return to his or her country of 
     citizenship, nationality, or origin. If the alien was paroled 
     from custody, the alien shall be returned to the custody from 
     which the alien was paroled and the alien shall be considered 
     for admission to the United States on the same basis as other 
     similarly situated applicants for admission.
       ``(D) Prohibited uses of parole authority.--
       ``(i) In general.--The Secretary may not use the authority 
     under subparagraph (B) to parole into the United States 
     generalized categories of aliens or classes of aliens based 
     solely on nationality, presence, or residence in the United 
     States, family relationships, or any other criteria that 
     would cover a broad group of foreign nationals either inside 
     or outside of the United States.
       ``(ii) Aliens who are national security or public safety 
     threats.--

       ``(I) Definition of extreme exigent circumstances.--In this 
     clause, the term `extreme exigent circumstances' means 
     circumstances under which--

       ``(aa) the failure to parole the alien would result in the 
     immediate significant risk of loss of life or bodily function 
     due to a medical emergency;
       ``(bb) the failure to parole the alien would conflict with 
     medical advice as to the health or safety of the individual, 
     detention facility staff, or other detainees; or
       ``(cc) there is an urgent need for the alien's presence for 
     a law enforcement purpose, including for a prosecution or to 
     serve a sentence or securing the alien's presence to appear 
     as a material witness, or a national security purpose.

       ``(II) Prohibition on parole.--The Secretary shall not 
     parole in any alien whom the Secretary, in the Secretary's 
     sole and unreviewable discretion, determines to be a threat 
     to national security or public safety, except in extreme 
     exigent circumstances.

       ``(E) Limitation on the use of parole authority.--The 
     Secretary may not use the parole authority under this 
     paragraph to permit to come to the United States aliens who 
     have applied for and have been found to be ineligible for 
     refugee status or any alien to whom the provisions of this 
     paragraph do not apply.
       ``(F) Termination of parole.--The Secretary shall determine 
     when the purpose of parole of an alien has been served and, 
     upon such determination--
       ``(i) the alien's case shall continue to be dealt with in 
     the same manner as that of any other applicant for admission 
     to the United States; and
       ``(ii) if the alien was previously detained, the alien 
     shall be returned to the custody from which the alien was 
     paroled.
       ``(G) Limitations on use of advance parole.--
       ``(i) Definition of advance parole.--In this subparagraph, 
     the term `advance parole' means advance approval for an alien 
     who is lawfully present in the United States and is applying 
     for admission to the United States to request at a port of 
     entry in the United States, a pre-inspection station, or a 
     designated field office of the Department of Homeland 
     Security, to be paroled into the United States under 
     subparagraph (B).
       ``(ii) Approval of advance parole.--The Secretary, in the 
     Secretary's discretion, may grant an application for advance 
     parole. Approval of an application for advance parole shall 
     not constitute a grant of parole under subparagraph (B). A 
     grant of parole into the United States based on an approved 
     application for advance parole shall not be considered a 
     parole for purposes of qualifying for adjustment of status to 
     lawful permanent resident status in the United States under 
     section 245 or 245A.
       ``(iii) Revocation of advance parole.--The Secretary may 
     revoke a grant of advance parole to an alien at any time. 
     Such revocation shall not be subject to administrative appeal 
     or judicial review.
       ``(iv) Temporary departure.--An alien who leaves the United 
     States temporarily pursuant to a grant of advance parole 
     makes a departure from the United States pursuant to the 
     immigration laws.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first month 
     beginning more than 60 days after the date of enactment of 
     this Act.

     SEC. 1508. REPORTS TO CONGRESS ON PAROLE.

       (a) Report on Number and Category of Aliens Paroled Into 
     the United States.--Not later than 90 days after the end of 
     each fiscal year, the Secretary of Homeland Security shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report that, with respect to the most 
     recently completed fiscal year--
       (1) describes the number and categories of aliens paroled 
     into the United States under section 212(d)(5) of the 
     Immigration and Nationality Act; and
       (2) contains information and data concerning--
       (A) the number and categories of aliens paroled;
       (B) the duration of parole granted to aliens referred to in 
     subparagraph (A); and
       (C) the current immigration status of the aliens referred 
     to in subparagraph (A).
       (b) Report on Parole Procedures.--Not later than 180 days 
     after the date of enactment of this Act, and annually 
     thereafter, the Attorney General and the Secretary of 
     Homeland Security shall jointly--
       (1) conduct a review regarding the effectiveness of parole 
     and custody determination procedures applicable to aliens who 
     have established a credible fear of persecution and are 
     awaiting a final determination regarding their asylum claim 
     by the immigration courts; and
       (2) submit to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives a report based on the results of such review, 
     that includes--
       (A) an analysis of--
       (i) the rate at which release from detention (including 
     release on parole) is granted to

[[Page S1006]]

     aliens who have established a credible fear of persecution 
     and are awaiting a final determination regarding their asylum 
     claim by the immigration courts throughout the United States; 
     and
       (ii) any disparity that exists between locations or 
     geographical areas, including an explanation of the reasons 
     for this disparity and what actions are being taken to have 
     consistent and uniform application of the standards for 
     granting parole;
       (B) an analysis of the effect of the procedures and 
     policies applied with respect to parole and custody 
     determinations by the Attorney General and by the Secretary 
     of Homeland Security on the alien's pursuit of an asylum 
     claim before an immigration court;
       (C) an analysis of the effectiveness of the procedures and 
     policies applied with respect to parole and custody 
     determinations by the Attorney General and by the Secretary 
     of Homeland Security in securing the alien's presence at the 
     immigration court proceedings;
       (D) recommendations with respect to whether the existing 
     parole and custody determination procedures applicable to 
     aliens who have established a credible fear of persecution 
     and are awaiting a final determination by the immigration 
     courts with respect to asylum claims--
       (i) respect the interests of the aliens; and
       (ii) ensure the presence of the aliens at the immigration 
     court proceedings; and
       (E) an assessment on corresponding failure to appear rates, 
     in absentia orders, and absconders.

     SEC. 1509. REINSTATEMENT OF THE SECURE COMMUNITIES PROGRAM.

       (a) Reinstatement.--The Secretary shall reinstate and 
     operate the Secure Communities immigration enforcement 
     program administered by U.S. Immigration and Customs 
     Enforcement between 2008 and 2014.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $150,000,000 to carry out this section.

     SEC. 1510. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT 
                   OFFICERS MAY COOPERATE TO SAFEGUARD OUR 
                   COMMUNITIES.

       (a) 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)--
       (1) shall be deemed to be acting as an agent of the 
     Department of Homeland Security; and
       (2) 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.
       (b) Legal Proceedings.--In any legal proceeding brought 
     against a State, a political subdivision of State, or an 
     officer, employee, or agent of such State or political 
     subdivision which challenges the legality of the seizure or 
     detention of an individual pursuant to a detainer issued by 
     the Department of Homeland Security under section 236 or 287 
     of the Immigration and Nationality Act (8 U.S.C. 1226 and 
     1357)--
       (1) no liability shall lie against the State or political 
     subdivision of a State for actions taken in compliance with 
     the detainer; and
       (2) if the actions of the officer, employee, or agent of 
     the State or political subdivision were taken in compliance 
     with the detainer--
       (A) 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;
       (B) section 1346(b) of title 28, United States Code, shall 
     provide the exclusive remedy for the plaintiff; and
       (C) the United States shall be substituted as defendant in 
     the proceeding.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to provide immunity to any person who knowingly 
     violates the civil or constitutional rights of an individual.

 CHAPTER 2--PROTECTION AND DUE PROCESS FOR UNACCOMPANIED ALIEN CHILDREN

     SEC. 1520. SHORT TITLE.

       This chapter may be cited as the ``Protecting Children and 
     America's Homeland Act of 2018''.

     SEC. 1521. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       Section 235(a) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(a)) is amended--
       (1) in paragraph (2)--
       (A) by amending the paragraph heading to read as follows: 
     ``Rules for unaccompanied alien children.--'';
       (B) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``who is a national or habitual resident of 
     a country that is contiguous with the United States shall be 
     treated in accordance with subparagraph (B)'' and inserting 
     ``shall be treated in accordance with subparagraph (B) or 
     subsection (b), as appropriate''; and
       (C) in subparagraph (C)--
       (i) by amending the subparagraph heading to read as 
     follows: ``Agreements with foreign countries.--''; and
       (ii) in the matter preceding clause (i), by striking 
     ``countries contiguous to the United States'' and inserting 
     ``Canada, El Salvador, Guatemala, Honduras, Mexico, and any 
     other foreign country that the Secretary determines to be 
     appropriate'';
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (3) inserting after paragraph (2) the following:
       ``(3) Mandatory expedited removal of criminals and gang 
     members.--Notwithstanding any other provision of law, the 
     Secretary of Homeland Security shall place an unaccompanied 
     alien child in a proceeding in accordance with section 235 of 
     the Immigration and Nationality Act (8 U.S.C. 1225) if, the 
     Secretary determines or has reason to believe that the 
     alien--
       ``(A) has been convicted of any offense carrying a maximum 
     term of imprisonment of more than 180 days;
       ``(B) has been convicted of, or found to be a juvenile 
     offender based on, an offense that involved--
       ``(i) the use or attempted use of physical force, or 
     threatened use of a deadly weapon;
       ``(ii) the purchase, sale, offering for sale, exchange, 
     use, ownership, possession, or carrying, or, of attempting or 
     conspiring to purchase, sell, offer for sale, exchange, use, 
     own, possess, or carry, any weapon, part, or accessory which 
     is a firearm or destructive device (as defined in section 
     921(a) of title 18, United States Code) in violation of any 
     law;
       ``(iii) child abuse and neglect (as defined in section 
     40002(a)(3) of the Violence Against Women Act of 1994 (34 
     U.S.C. 12291(a)(3)));
       ``(iv) assault resulting in bodily injury (as defined in 
     section 2266 of title 18, United States Code);
       ``(v) the violation of a protection order (as defined in 
     section 2266 of title 18, United States Code);
       ``(vi) driving while intoxicated or driving under the 
     influence (as such terms are defined in section 164 of title 
     23, United States Code); or
       ``(vii) any offense under foreign law (except a purely 
     political offense) that, if the offense had been committed in 
     the United States, would render the alien inadmissible under 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a));
       ``(C) has been convicted of, or found to be a juvenile 
     offender based on, more than 1 criminal offense (other than 
     minor traffic offenses);
       ``(D) has been convicted of, or found to be a juvenile 
     offender based on a crime of violence or an offense under 
     Federal, State, or Tribal law, that has, as an element, the 
     use or attempted use of physical force or the threatened use 
     of physical force or a deadly weapon;
       ``(E) has engaged in, is engaged in, or is likely to engage 
     after entry in any terrorist activity (as defined in section 
     212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(iii))), or intends to participate or has 
     participated in the activities of a foreign terrorist 
     organization (as designated under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189));
       ``(F) has engaged in, is engaged in, or any time after a 
     prior admission engages in activity described in section 
     237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(4));
       ``(G) is or was a member of a criminal gang (as defined in 
     section 101(a)(53) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(53)));
       ``(H) provided materially false, fictitious, or fraudulent 
     information regarding age or identity to the United States 
     Government with the intent to inaccurately classified as an 
     unaccompanied alien child; or
       ``(I) has entered the United States more than once in 
     violation of section 275(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1325(a)), knowing that the entry 
     was unlawful.''.

     SEC. 1522. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION 
                   SHARING.

       Section 235(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(b)) is amended by adding at the end the following:
       ``(5) Information sharing.--
       ``(A) Immigration status.--If the Secretary of Health and 
     Human Services considers placement of an unaccompanied alien 
     child with a potential sponsor, the Secretary of Homeland 
     Security shall provide to the Secretary of Health and Human 
     Services the immigration status of such potential sponsor 
     before the placement of the unaccompanied alien child.
       ``(B) Other information.--The Secretary of Health and Human 
     Services shall provide to the Secretary of Homeland Security 
     and the Attorney General, upon request, any relevant 
     information related to an unaccompanied alien child who is or 
     has been in the custody of the Secretary of Health and Human 
     Services, including the location of the child and any person 
     to whom custody of the child has been transferred, for any 
     legitimate law enforcement objective, including the 
     enforcement of the immigration laws.''.

     SEC. 1523. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

       Section 235(b) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
     1232(b)) (as amended by section 1522 of this Act) is amended 
     by adding at the end the following:
       ``(6) Inspection of facilities.--The Inspector General of 
     the Department of Health and

[[Page S1007]]

     Human Services shall conduct regular inspections of 
     facilities utilized by the Secretary of Health and Human 
     Services to provide care and custody of unaccompanied alien 
     children who are in the immediate custody of the Secretary to 
     ensure that such facilities are operated in the most 
     efficient manner practicable.
       ``(7) Facility operations costs.--The Secretary of Health 
     and Human Services shall ensure that facilities utilized to 
     provide care and custody of unaccompanied alien children are 
     operated efficiently and at a rate of cost that is not 
     greater than $500 per day for each child housed or detained 
     at such facility, unless the Secretary certifies that 
     compliance with this requirement is temporarily impossible 
     due to emergency circumstances.''.

     SEC. 1524. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL 
                   REMOVAL PROCEEDING.

       (a) In General.--Section 235(c)(2) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232(c)(2)) is amended by adding at the 
     end the following:
       ``(C) Children in formal removal proceedings.--
       ``(i) Limitation on placement.--Notwithstanding any 
     settlement or consent decree previously issued before the 
     date of the enactment of this subparagraph, and section 236.3 
     of title 8, Code of Federal Regulations, or a similar 
     successor regulation, an unaccompanied alien child who has 
     been placed in a proceeding under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) may not be 
     placed in the custody of a nongovernmental sponsor or 
     otherwise released from the immediate custody of the United 
     States Government unless--

       ``(I) the nongovernmental sponsor is a biological or 
     adoptive parent or legal guardian of the unaccompanied alien 
     child;
       ``(II) the parent or legal guardian is legally present in 
     the United States at the time of the placement;
       ``(III) the parent or legal guardian has undergone a 
     mandatory biometric criminal history check;
       ``(IV) if the nongovernmental sponsor is the biological 
     parent, the parent's relationship to the alien child has been 
     verified through DNA testing conducted by the Secretary of 
     Health and Human Services;
       ``(V) if the nongovernmental sponsor is the adoptive 
     parent, the parent's relationship to the alien child has been 
     verified with the judicial court that issued the final legal 
     adoption decree by the Secretary of Health and Human 
     Services; and
       ``(VI) the Secretary of Health and Human Services has 
     determined that the alien child is not a danger to self, a 
     danger to the community, or at risk of flight.

       ``(ii) Exceptions.--If the Secretary of Health and Human 
     Services determines that an unaccompanied alien child is a 
     victim of severe forms of trafficking in persons (as defined 
     in section 103 of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7102)), a special needs child with a 
     disability (as defined in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102)), a child who has 
     been a victim of physical or sexual abuse under circumstances 
     that indicate that the child's health or welfare has been 
     significantly harmed or threatened, or a child with mental 
     health needs that require ongoing assistance from a social 
     welfare agency, the alien child may be placed with a 
     grandparent or adult sibling if the grandparent or adult 
     sibling meets the requirements under subclauses (II), (III), 
     and (IV) of clause (i).
       ``(iii) Failure to appear.--

       ``(I) Civil penalty.--If an unaccompanied alien child is 
     placed with a sponsor and fails to appear in a mandatory 
     court appearance, the sponsor shall be subject to a civil 
     penalty of $250 for each day until the alien appears in 
     court, up to a maximum of $5,000.
       ``(II) Burden of proof.--The sponsor is not subject to the 
     penalty imposed under subclause (I) if the sponsor--

       ``(aa) appears in person and proves to the immigration 
     court that the failure to appear by the unaccompanied alien 
     child was not the fault of the sponsor; and
       ``(bb) supplies the immigration court with documentary 
     evidence that supports the assertion described in item (aa).
       ``(iv) Prohibition on placement with sex offenders and 
     human traffickers.--The Secretary of Health and Human 
     Services may not place an unaccompanied alien child under 
     this subparagraph in the custody of an individual who has 
     been convicted of, or the Secretary has reason to believe was 
     otherwise involved in the commission of--

       ``(I) a sex offense (as defined in section 111 of the Sex 
     Offender Registration and Notification Act (34 U.S.C. 
     20911));
       ``(II) a crime involving severe forms of trafficking in 
     persons (as defined in section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102)); or
       ``(III) an offense under Federal, State, or Tribal law that 
     has, as an element of the offense, the use or attempted use 
     of physical force or the threatened use of physical force or 
     a deadly weapon.

       ``(v) Requirements of criminal background check.--A 
     biometric criminal history check required under clause 
     (i)(III) shall be conducted using a set of fingerprints or 
     other biometric identifier through--

       ``(I) the Federal Bureau of Investigation;
       ``(II) criminal history repositories of all States that the 
     individual lists as current or former residences; and
       ``(III) any other State or Federal database or repository 
     that the Secretary of Health and Human Services determines to 
     be appropriate.''.

       (b) Definition of Special Immigrant Juvenile.--Section 
     101(a)(27)(J)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(J)(i)), is amended by striking ``1 or both 
     of the immigrant's parents'' and inserting ``either of the 
     immigrant's parents''.
       (c) Home Studies and Follow-up Services for Unaccompanied 
     Alien Children.--Section 235(c)(3) of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232(c)(3)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by striking subparagraph (B) and inserting the 
     following new subparagraphs:
       ``(B) Home studies.--
       ``(i) In general.--Except as required under clause (ii), 
     before placing a child with an individual, the Secretary of 
     Health and Human Services shall determine whether a home 
     study is necessary.
       ``(ii) Required home studies.--A home study shall be 
     conducted for a child--

       ``(I) who is a victim of a severe form of trafficking in 
     persons or is a special needs child with a disability (as 
     defined in section 3 of the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12102);
       ``(II) who has been a victim of physical or sexual abuse 
     under circumstances that indicate that the child's health or 
     welfare has been significantly harmed or threatened;
       ``(III) whose proposed sponsor presents a risk of abuse, 
     maltreatment, exploitation, or trafficking to the child based 
     on all available objective evidence) if more than 2 other 
     children are residing with the proposed sponsor, or if such 
     sponsor has custody of at least 1 other unaccompanied alien 
     child; or
       ``(IV) if more than 2 other children are residing with the 
     proposed sponsor, or if such sponsor has custody of at least 
     1 other unaccompanied alien child.

       ``(C) Follow-up services and additional home studies.--
       ``(i) Pendency of removal proceedings.--Not less frequently 
     than every 180 days until the date on which initial removal 
     proceedings are completed and the immigration judge issues an 
     order of removal, grants voluntary departure under section 
     240B, or grants the alien relief from removal, the Secretary 
     of Health and Human Services shall conduct follow-up services 
     for any child for whom a home study was conducted and who was 
     placed with a nongovernmental sponsor.
       ``(ii) Children with mental health or other needs.--Not 
     less frequently than every 180 days, until the date that is 2 
     years after the date on which a child is placed with a 
     nongovernmental sponsor, the Secretary of Health and Human 
     Services shall conduct follow-up services for any child with 
     mental health needs or other needs who could benefit from 
     ongoing assistance from a social welfare agency.
       ``(iii) Children at risk.--Not less frequently than every 
     90 days until the date that is 2 years after the date on 
     which a child is placed with a nongovernmental sponsor, the 
     Secretary of Health and Human Services shall conduct home 
     studies and follow-up services, including partnering with 
     local community programs that focus on early morning and 
     after school programs for at-risk children who--

       ``(I) need a secure environment to engage in studying, 
     training, and skills-building programs; and
       ``(II) are at risk for recruitment by criminal gangs or 
     other transnational criminal organizations in the United 
     States.''.

       (d) Detention of Accompanied Minors.--
       (1) In general.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is further amended--
       (A) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (B) by inserting after subsection (c) the following:
       ``(d) Detention of Accompanied Minors.--Notwithstanding any 
     other provision of law, judicial determination, consent 
     decree, or settlement agreement--
       ``(1) the detention of any alien minor who is not described 
     in section 462(g)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(g)(2)) shall be governed by sections 217, 235, 
     236, and 241 of the Immigration and Nationality Act (8 U.S.C. 
     1187, 1225, 1226, and 1231);
       ``(2) the decision whether to detain or release the alien 
     minor shall be in the sole and unreviewable discretion of the 
     Secretary of Homeland Security;
       ``(3) the release of an alien minor who is not described in 
     section 462(g)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(g)(2)) may not be presumed and an alien minor not 
     described in such section may not be released by the 
     Secretary to anyone other than a parent or legal guardian; 
     and
       ``(4) the conditions of confinement applicable to alien 
     minors who are not described in section 462(g) of the 
     Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) shall be 
     determined in the sole and unreviewable discretion of the 
     Secretary of Homeland Security, and specific licensing 
     requirements may not be imposed other than requirements 
     determined appropriate by the Secretary.''.
       (2) Funding limitation.--No appropriated funds may be used 
     to implement the terms of the settlement agreement in Flores 
     v. Reno,

[[Page S1008]]

     CV 85-4544-RJK, nor shall any appropriated funds be used for 
     purposes of complying with any judicial order, decree, or 
     judgment interpreting the terms of such settlement agreement.
       (3) Effective date; applicability.--The amendments made by 
     this subsection shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply regardless of the date on which the actions 
     giving rise to removability or detention take place.

     SEC. 1525. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY 
                   OF UNACCOMPANIED ALIEN CHILDREN.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Fraud in connection with the transfer of custody 
       of unaccompanied alien children

       ``(a) In General.--It shall be unlawful for a person to 
     obtain custody of an unaccompanied alien child (as defined in 
     section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g))) by--
       ``(1) making any materially false, fictitious, or 
     fraudulent statement or representation; or
       ``(2) making or using any false writing or document knowing 
     the same to contain any materially false, fictitious, or 
     fraudulent statement or entry.
       ``(b) Penalties.--
       ``(1) In general.--Any person who violates, or attempts or 
     conspires to violate, this section shall be fined under this 
     title and imprisoned for not less than 1 year.
       ``(2) Enhanced penalty for trafficking.--If the primary 
     purpose of the violation, attempted violation, or conspiracy 
     to violate this section was to subject the child to sexually 
     explicit activity or any other form of exploitation, the 
     offender shall be fined under this title and imprisoned for 
     not less than 15 years.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1040 the following:

``1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children.''.

     SEC. 1526. NOTIFICATION OF STATES AND FOREIGN GOVERNMENTS, 
                   REPORTING, AND MONITORING.

       (a) Notification.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) (as amended by section 1524(d)(1) of this Act) 
     is further amended by adding at the end the following:
       ``(k) Notification to States.--
       ``(1) Before placement.--The Secretary of Homeland Security 
     or the Secretary of Health and Human Services shall notify 
     the Governor of a State not later than 48 hours before the 
     placement of an unaccompanied alien child in the custody of 
     such Secretary into the care of a facility or sponsor in such 
     State.
       ``(2) Initial reports.--Not later than 60 days after the 
     date of the enactment of this subsection, the Secretary of 
     Health and Human Services shall submit a report to the 
     Governor of each State in which an unaccompanied alien child 
     was discharged to a sponsor or placed in a facility while 
     remaining in the legal custody of the Secretary during the 
     period beginning October 1, 2013 and ending on the date of 
     enactment of this subsection.
       ``(3) Monthly reports.--The Secretary of Health and Human 
     Services shall submit a monthly report to the Governor of 
     each State in which, during the reporting period, an 
     unaccompanied alien child was discharged to a sponsor or 
     placed in a facility while remaining in the legal custody of 
     the Secretary of Health and Human Services.
       ``(4) Contents.--Each report required to be submitted to 
     the Governor of a State under paragraph (2) or (3) shall 
     identify the number of unaccompanied alien children placed in 
     the State during the reporting period, disaggregated by--
       ``(A) the locality in which the aliens were placed; and
       ``(B) the age of such aliens.
       ``(l) Notification of Foreign Country.--The Secretary of 
     Homeland Security shall provide information regarding each 
     unaccompanied alien child to the government of the country of 
     which the child is a national to assist such government with 
     the identification and reunification of such child with their 
     parent or other qualifying relative.
       ``(m) Monitoring Requirement.--The Secretary of Health and 
     Human Services shall--
       ``(1) require all sponsors to agree--
       ``(A) to receive approval from the Secretary of Health and 
     Human Services before changing the location in which the 
     sponsor is housing an unaccompanied alien child placed in the 
     sponsor's custody; and
       ``(B) to provide a current address for the child and the 
     reason for the change of address;
       ``(2) provide regular and frequent monitoring of the 
     physical and emotional well-being of each unaccompanied alien 
     child who has been discharged to a sponsor or remained in the 
     legal custody of the Secretary until the child's immigration 
     case is resolved; and
       ``(3) not later than 60 days after the date of enactment of 
     this subsection, submit a plan to Congress for implementing 
     the requirements under paragraphs (1) and (2).''.

     SEC. 1527. REPORTS TO CONGRESS.

       (a) Reports on Care of Unaccompanied Alien Children.--Not 
     later than September 30, 2019, the Secretary of Health and 
     Human Services shall submit to Congress and make publicly 
     available a report that includes--
       (1) a detailed summary of the contracts in effect to care 
     for and house unaccompanied alien children, including the 
     names and locations of contractors and the facilities being 
     used;
       (2) the cost per day to care for and house an unaccompanied 
     alien child, including an explanation of such cost;
       (3) the number of unaccompanied alien children who have 
     been released to a sponsor, if any;
       (4) a list of the States to which unaccompanied alien 
     children have been released from the custody of the Secretary 
     of Health and Human Services to the care of a sponsor or 
     placement in a facility;
       (5) the number of unaccompanied alien children who have 
     been released to a sponsor who is not lawfully present in the 
     United States, including the country of nationality or last 
     habitual residence and age of such children;
       (6) a determination of whether more than 1 unaccompanied 
     alien child has been released to the same sponsor, including 
     the number of children who were released to such sponsor;
       (7) an assessment of the extent to which the Secretary of 
     Health and Human Services is monitoring the release of 
     unaccompanied alien children, including home studies done and 
     electronic monitoring devices used;
       (8) an assessment of the extent to which the Secretary of 
     Health and Human Services is making efforts--
       (A) to educate unaccompanied alien children about their 
     legal rights; and
       (B) to provide unaccompanied alien children with access to 
     pro bono counsel; and
       (9) the extent of the public health issues of unaccompanied 
     alien children, including contagious diseases, the benefits 
     or medical services provided, and the outreach to States and 
     localities about public health issues, that could affect the 
     public.
       (b) Reports on Repatriation Agreements.--Not later than 
     September 30, 2019, the Secretary of State shall submit to 
     Congress and make publicly available a report that--
       (1) includes a copy of any repatriation agreement in effect 
     for unaccompanied alien children;
       (2) describes any such repatriation agreement that is being 
     considered or negotiated; and
       (3) describes the funding provided to the 20 countries that 
     have the highest number of nationals entering the United 
     States as unaccompanied alien children, including amounts 
     provided--
       (A) to deter the nationals of each country from illegally 
     entering the United States; and
       (B) to care for or reintegrate repatriated unaccompanied 
     alien children in the country of nationality or last habitual 
     residence.
       (c) Reports on Returns to Country of Nationality.--Not 
     later than September 30, 2019, the Secretary of Homeland 
     Security shall submit to Congress and make publicly available 
     a report that describes--
       (1) the number of unaccompanied alien children who have 
     voluntarily returned to their country of nationality or 
     habitual residence, disaggregated by--
       (A) country of nationality or habitual residence; and
       (B) age of the unaccompanied alien children;
       (2) the number of unaccompanied alien children who have 
     been returned to their country of nationality or habitual 
     residence, including the length of time such children were 
     present in the United States;
       (3) the number of unaccompanied alien children who have not 
     been returned to their country of nationality or habitual 
     residence pending travel documents or other requirements from 
     such country, including how long they have been waiting to 
     return; and
       (4) the number of unaccompanied alien children who were 
     granted relief in the United States, whether through asylum, 
     any other immigration benefit or status, or deferred action.
       (d) Reports on Immigration Proceedings.--Not later than 
     September 30, 2019, and not less frequently than every 90 
     days thereafter, the Secretary of Homeland Security, in 
     coordination with the Director of the Executive Office for 
     Immigration Review, shall submit to Congress and make 
     publicly available a report that describes--
       (1) the number of unaccompanied alien children who, after 
     proceedings under section 235B of the Immigration and 
     Nationality Act were returned to their country of nationality 
     or habitual residence, disaggregated by--
       (A) country of nationality or residence; and
       (B) age and gender of such aliens;
       (2) the number of unaccompanied alien children who, after 
     proceedings under section 235B of the Immigration and 
     Nationality Act, prove a claim of admissibility and are 
     placed in proceedings under section 240 of that Act (8 U.S.C. 
     1229a);
       (3) the number of unaccompanied alien children who fail to 
     appear at a removal hearing that such alien was required to 
     attend;
       (4) the number of sponsors who were levied a penalty, 
     including the amount and whether the penalty was collected, 
     for the failure of an unaccompanied alien child to appear at 
     a removal hearing; and

[[Page S1009]]

       (5) the number of aliens that are classified as 
     unaccompanied alien children, the ages and countries of 
     nationality of such children, and the orders issued by the 
     immigration judge at the conclusion of proceedings under 
     section 235B of the Immigration and Nationality Act for such 
     children.

 CHAPTER 3--COOPERATION WITH MEXICO AND OTHER COUNTRIES ON ASYLUM AND 
                             REFUGEE ISSUES

     SEC. 1541. STRENGTHENING INTERNAL ASYLUM SYSTEMS IN MEXICO 
                   AND OTHER COUNTRIES.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall work with 
     international partners, including the United Nations High 
     Commissioner for Refugees, to support and provide technical 
     assistance to strengthen the domestic capacity of Mexico and 
     other countries in the region to provide asylum to eligible 
     children and families--
       (1) by establishing and expanding temporary and long-term 
     in country reception centers and shelter capacity to meet the 
     humanitarian needs of those seeking asylum or other forms of 
     international protection;
       (2) by improving the asylum registration system to ensure 
     that all individuals seeking asylum or other humanitarian 
     protection--
       (A) are properly screened for security, including 
     biographic and biometric capture;
       (B) receive due process and meaningful access to existing 
     legal protections; and
       (C) receive proper documents in order to prevent fraud and 
     ensure freedom of movement and access to basic social 
     services;
       (3) by creating or expanding a corps of trained asylum 
     officers capable of evaluating and deciding individual asylum 
     claims consistent with international law and obligations; and
       (4) by developing the capacity to conduct best interest 
     determinations for unaccompanied alien children to ensure 
     that their needs are properly met, which may include family 
     reunification or resettlement based on international 
     protection needs.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     submit a report that describes the plans of the Secretary of 
     State to assist in developing the asylum processing 
     capabilities described in subsection (a) to--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on the Judiciary of the Senate;
       (4) the Committee on Foreign Affairs of the House of 
     Representatives;
       (5) the Committee on Homeland Security of the House of 
     Representatives; and
       (6) the Committee on the Judiciary of the House of 
     Representatives.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (a).

     SEC. 1542. EXPANDING REFUGEE PROCESSING IN MEXICO AND CENTRAL 
                   AMERICA FOR THIRD COUNTRY RESETTLEMENT.

       (a) In General.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall coordinate 
     with the United Nations High Commissioner for Refugees to 
     support and provide technical assistance to the Government of 
     Mexico and the governments of other countries in the region 
     to increase access to global resettlement for eligible 
     children and families with protection needs--
       (1) by establishing and expanding in country refugee 
     reception centers to meet the humanitarian needs of those 
     seeking international protection;
       (2) by improving the refugee registration system to ensure 
     that all refugees--
       (A) are properly screened for security, including 
     biographic and biometric capture;
       (B) receive due process and meaningful access to existing 
     legal protections; and
       (C) receive proper documents in order to prevent fraud and 
     ensure freedom of movement and access to basic social 
     services;
       (3) by creating or expanding a corps of trained refugee 
     officers capable of evaluating and deciding individual claims 
     for protection, consistent with international law and 
     obligations; and
       (4) by developing the capacity to conduct best interest 
     determinations for unaccompanied alien children to ensure 
     that--
       (A) such children with international protection needs are 
     properly registered; and
       (B) the needs of such children are properly met, which may 
     include family reunification or resettlement based on 
     international protection needs.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     submit a report to the committees listed in section 1541(b) 
     that describes the plans of the Secretary of State to assist 
     in developing the refugee processing capabilities described 
     in subsection (a).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsection (a).

     Subtitle F--Penalties for Smuggling, Drug Trafficking, Human 
    Trafficking, Terrorism, and Illegal Entry and Reentry; Bars to 
                     Readmission of Removed Aliens

     SEC. 1601. DANGEROUS HUMAN SMUGGLING, HUMAN TRAFFICKING, AND 
                   HUMAN RIGHTS VIOLATIONS.

       (a) Criminal Penalties for Human Smuggling and 
     Trafficking.--Section 274(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1324(a)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by amending clause (ii) to read as 
     follows:
       ``(ii) knowing, or in reckless disregard of the fact, that 
     an alien has come to, entered into, or remains in the United 
     States in violation of law--

       ``(I) transports, moves, or attempts to transport or move 
     such alien within the United States by means of 
     transportation or otherwise, in furtherance of such violation 
     of law; or
       ``(II) transports or moves the alien with the purpose of 
     facilitating the illegal entry of the alien into Canada or 
     Mexico;''; and

       (B) in subparagraph (B)--
       (i) by redesignating clauses (iii) and (iv) as clauses (vi) 
     and (vii), respectively;
       (ii) in clause (vi), as redesignated, by inserting ``for 
     not less than 10 years and'' before ``not more than 20 
     years,''; and
       (iii) by inserting after clause (ii) the following:
       ``(iii) in the case of a violation of clause (i), (ii), 
     (iii), (iv), or (v) of subparagraph (A) that is the third or 
     subsequent violation committed by such person under this 
     section, shall be fined under title 18, United States Code, 
     imprisoned for not less than 5 years and not more than 25 
     years, or both;
       ``(iv) in the case of a violation of clause (i), (ii), 
     (iii), (iv), or (v) of subparagraph (A) that recklessly, 
     knowingly, or intentionally results in a victim being 
     involuntarily forced into labor or prostitution, shall be 
     fined under title 18, United States Code, imprisoned for not 
     less than 5 years and not more than 25 years, or both;
       ``(v) in the case of a violation of clause (i), (ii), 
     (iii), (iv), or (v) of subparagraph (A) during and in 
     relation to which any person is subjected to any illegal 
     sexual act or sexual contact (as those terms are defined in 
     section 2246 of title 18, United States Code), be fined under 
     title 18, United States Code, imprisoned for not less than 5 
     years and not more than 25 years, or both;''; and
       (2) by adding at the end the following:
       ``(5) Any person who, knowing that a person is an alien in 
     unlawful transit from 1 country to another or on the high 
     seas, transports, moves, harbors, conceals, or shields from 
     detection such alien outside of the United States for profit 
     or gain when the alien is seeking to enter the United States 
     without official permission or legal authority, shall for, 
     each alien in respect to whom a violation of this paragraph 
     occurs, be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both.''.
       (b) Seizure and Forfeiture.--Section 274(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1324(b)(1)) is 
     amended to read as follows:
       ``(1) In general.--Any real or personal property involved 
     in or used to facilitate the commission of a violation or 
     attempted violation of subsection (a), the gross proceeds of 
     such violation or attempted violation, and any property 
     traceable to such property or proceeds, shall be seized and 
     subject to forfeiture.''.

     SEC. 1602. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.

       (a) Short Title.--This section may be cited as the 
     ``Putting the Brakes on Human Smuggling Act''.
       (b) First Violation.--Section 31310(b)(1) of title 49, 
     United States Code, is amended--
       (1) in subparagraph (D), by striking the ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(F) using a commercial motor vehicle in willfully aiding 
     or abetting an alien's illegal entry into the United States 
     by transporting, guiding, directing, or attempting to assist 
     the alien with the alien's entry in violation of section 275 
     of the Immigration and Nationality Act (8 U.S.C. 1325), 
     regardless of whether the alien is ultimately fined or 
     imprisoned for an act in violation of such section; or
       ``(G) using a commercial motor vehicle in willfully aiding 
     or abetting the transport of controlled substances, monetary 
     instruments, bulk cash, or weapons by any individual 
     departing the United States.''.
       (c) Second or Multiple Violations.--Section 31310(c)(1) of 
     title 49, United States Code, is amended--
       (1) in subparagraph (E), by striking the ``or'' at the end;
       (2) by redesignating subparagraph (F) as subparagraph (H);
       (3) in subparagraph (H), as redesignated, by striking 
     ``(E)'' and inserting ``(G)''; and
       (4) by inserting after subparagraph (E) the following:
       ``(F) using a commercial motor vehicle more than once in 
     willfully aiding or abetting an alien's illegal entry into 
     the United States by transporting, guiding, directing and 
     attempting to assist the alien with the alien's entry in 
     violation of section 275 of the Immigration and Nationality 
     Act (8 U.S.C. 1325), regardless of whether the alien is 
     ultimately fined or imprisoned for an act in violation of 
     such section;
       ``(G) using a commercial motor vehicle more than once in 
     willfully aiding or abetting the transport of controlled 
     substances,

[[Page S1010]]

     monetary instruments, bulk cash, or weapons by any individual 
     departing the United States; or''.
       (d) Lifetime Disqualification.--Section 31310(d) of title 
     49, United States Code, is amended to read as follows:
       ``(d) Lifetime Disqualification.--The Secretary shall 
     permanently disqualify an individual from operating a 
     commercial motor if the individual uses a commercial motor 
     vehicle--
       ``(1) in committing a felony involving manufacturing, 
     distributing, or dispensing a controlled substance, or 
     possession with intent to manufacture, distribute, or 
     dispense a controlled substance;
       ``(2) in committing an act for which the individual is 
     convicted under--
       ``(A) section 274 of the Immigration and Nationality Act (8 
     U.S.C. 1324); or
       ``(B) section 277 of such Act (8 U.S.C. 1327); or
       ``(3) in willfully aiding or abetting the transport of 
     controlled substances, monetary instruments, bulk cash, and 
     weapons by any individual departing the United States.''.
       (e) Reporting Requirements.--
       (1) Commercial driver's license information system.--
     Section 31309(b)(1) of title 49, United States Code, is 
     amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) whether the operator was disqualified, either 
     temporarily or permanently, from operating a commercial motor 
     vehicle under section 31310, including under subsection 
     (b)(1)(F), (c)(1)(F), or (d) of such section.''.
       (2) Notification by the state.--Section 31311(a)(8) of 
     title 49, United States Code, is amended by inserting 
     ``including such a disqualification, revocation, suspension, 
     or cancellation made pursuant to a disqualification under 
     subsection (b)(1)(F), (c)(1)(F), or (d) of section 31310,'' 
     after ``60 days,''.

     SEC. 1603. DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED 
                   BY ILLEGAL ALIENS.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 27 the following:

  ``CHAPTER 28--DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED BY 
                             ILLEGAL ALIENS

``581. Enhanced penalties for drug trafficking and crimes committed by 
              illegal aliens.

     ``Sec. 581. Enhanced penalties for drug trafficking and 
       crimes committed by illegal aliens

       ``(a) Offense.--Any alien unlawfully present in the United 
     States, who commits, conspires to commit, or attempts to 
     commit an offense under Federal, State, or Tribal law, an 
     element of which involves the use or attempted use of 
     physical force or the threatened use of physical force or a 
     deadly weapon or a drug trafficking crime (as defined in 
     section 924), shall be fined under this title, imprisoned for 
     not less than 5 years, or both.
       ``(b) Enhanced Penalties for Aliens Ordered Removed.--Any 
     alien unlawfully present in the United States who violates 
     subsection (a) and was ordered removed under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of 
     having committed a crime before the violation of subsection 
     (a), shall be fined under this title, imprisoned for not less 
     than 15 years, or both.
       ``(c) Requirement for Consecutive Sentences.--Any term of 
     imprisonment imposed under this section shall be consecutive 
     to any term imposed for any other offense.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 27 
     the following:

``28 . Drug trafficking and crimes of violence committed by illegal 
    aliens...................................................581''.....

     SEC. 1604. ESTABLISHING INADMISSIBILITY AND DEPORTABILITY.

       (a) Inadmissible Aliens.--Section 212(a)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is 
     amended by adding at the end the following:
       ``(iii) Consideration of other evidence.--If the statute of 
     conviction or conviction records do not conclusively 
     establish whether a crime does or does not constitute a crime 
     involving moral turpitude, the Secretary, the Attorney 
     General, or the consular officer, as applicable, may consider 
     other documentary evidence related to the conviction, 
     including, but not limited to, charging documents, plea 
     agreements, plea colloquies, jury instructions, and police 
     reports, to determine whether the other evidence clearly 
     establishes that the conduct in which the alien was engaged 
     constitutes a crime involving moral turpitude.''.
       (b) Deportable Aliens.--
       (1) General crimes.--Section 237(a)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is 
     amended by--
       (A) redesignating clause (vi) and clause (vii); and
       (B) inserting after clause (v) the following:
       ``(vi) Crimes involving moral turpitude.--If the conviction 
     records do not conclusively establish whether a crime 
     constitutes a crime involving moral turpitude, the Secretary 
     or the Attorney General may consider other documentary 
     evidence related to the conviction, including, but not 
     limited to, charging documents, plea agreements, plea 
     colloquies, jury instructions, and police reports, to 
     determine whether the other evidence clearly establishes that 
     the conduct in which the alien was engaged constitutes a 
     crime involving moral turpitude.''.
       (2) Domestic violence.--Section 237(a)(2)(E) of Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)(E)) is amended--
       (A) in clause (i), by striking ``For purposes of this 
     clause'' and inserting ``For purposes of this subparagraph''; 
     and
       (B) by adding at the end the following:
       ``(iii) Crime of violence.--If the conviction records do 
     not conclusively establish whether a conviction constitutes a 
     crime of domestic violence, the Secretary or the Attorney 
     General may consider other documentary evidence related to 
     the conviction, including, but not limited to, charging 
     documents, plea agreements, plea colloquies, jury 
     instructions, and police reports, that clearly establishes 
     that the conduct in which the alien was engaged constitutes a 
     crime of domestic violence.''.
       (c) Effective Date; Applicability.--The amendments made by 
     this section shall--
       (1) take effect on the date of enactment of this Act; and
       (2) shall apply to an act that occurs before, on, or after 
     the date of enactment of this Act.

     SEC. 1605. PENALTIES FOR ILLEGAL ENTRY; ENHANCED PENALTIES 
                   FOR ENTERING WITH INTENT TO AID, ABET, OR 
                   COMMIT TERRORISM.

       (a) In General.--Section 275 of the Immigration and 
     Nationality Act (8 U.S.C. 1325) is amended by striking the 
     section designation and heading and all that follows through 
     ``may be imposed.'' in the undesignated matter following 
     subsection (b)(2) and inserting the following:

     ``SEC. 275. ILLEGAL ENTRY.

       ``(a) In General.--
       ``(1) Bars to immigration relief and benefits.--Any alien 
     shall be ineligible for all immigration benefits or relief 
     available under the immigration laws, including relief under 
     sections 240A(b)(1), 240B(b), 245, 248, and 249, other than 
     asylum, relief as a victim of trafficking under section 
     101(a)(15)(T), relief as a victim of criminal activity under 
     section 101(a)(15)(U), relief under the Violence Against 
     Women Act of 1994 (42 U.S.C. 13701 et seq.) as a spouse or 
     child who has been battered or subjected to extreme cruelty, 
     relief as a battered spouse or child under section 
     240A(b)(2), withholding of removal under section 241(b)(3), 
     or protection from removal based on a claim under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1984, if the alien--
       ``(A) enters, crosses, or attempts to enter or cross the 
     border into, the United States at any time or place other 
     than as designated by immigration officers;
       ``(B) eludes, at any time or place, examination or 
     inspection by an authorized immigration, customs, or 
     agriculture officer (including failing to stop at the command 
     of such officer); or
       ``(C) enters or crosses the border to the United States 
     and, upon examination or inspection, makes a false or 
     misleading representation or conceals a material fact, 
     including such representation or willful concealment in the 
     context of arrival, reporting, entry, or clearance, 
     requirements of the customs laws, immigration laws, 
     agriculture laws, or shipping laws.
       ``(2) Criminal offenses.--An alien shall be subject to the 
     penalties under paragraph (3) if the alien--
       ``(A) enters, crosses, or attempts to enter or cross the 
     border into, the United States at any time or place other 
     than as designated by immigration officers;
       ``(B) eludes, at any time or place, examination or 
     inspection by an authorized immigration, customs, or 
     agriculture officer (including failing to stop at the command 
     of such officer); or
       ``(C) enters or crosses the border to the United States 
     and, upon examination or inspection, makes a false or 
     misleading representation or conceals a material fact, 
     including such representation or concealment in the context 
     of arrival, reporting, entry, or clearance, requirements of 
     the customs laws, immigration laws, agriculture laws, or 
     shipping laws.
       ``(3) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1) by engaging in conduct 
     described in subparagraph (A), (B), or (C) of that 
     paragraph--
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years, or both;
       ``(C) if the violation occurs after the alien has been 
     convicted of 3 or more misdemeanors (at least 1 of which 
     involves controlled substances, abuse of a minor, trafficking 
     or smuggling, or any offense that may result in serious 
     bodily harm or injury to another person), a significant 
     misdemeanor, or a felony, shall be fined under such title, 
     imprisoned not more than 10 years, or both;
       ``(D) if the violation occurs after the alien has been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurs after the alien has been 
     convicted of a felony for which the

[[Page S1011]]

     alien received a term of imprisonment of not less than 60 
     months, such alien shall be fined under such title, 
     imprisoned not more than 20 years, or both.
       ``(4) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (3) are 
     elements of the offenses described in that paragraph and the 
     penalties described in such subparagraphs shall apply only in 
     cases in which the 1 or more convictions that form the basis 
     for the additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial; or
       ``(C) admitted by the defendant.
       ``(5) Duration of offenses.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration, customs, or agriculture 
     officer.
       ``(6) Attempt.--Any person who attempts to commit any 
     offense under this section shall be punished in the same 
     manner as for a completion of such offense.
       ``(b) Improper Time or Place; Civil Penalties.--
       ``(1) In general.--Any alien who is apprehended while 
     entering, attempting to enter, or crossing or attempting to 
     cross the border to the United States at a time or place 
     other than as designated by an immigration officer shall be 
     subject to a civil penalty, in addition to any criminal or 
     other civil penalties that may be imposed under any other 
     provision of law, in an amount equal to--
       ``(A) not less than $50 but not more than $250 for each 
     such entry, crossing, attempted entry, or attempted crossing; 
     or
       ``(B) twice the amount described in subparagraph (A) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.
       ``(2) Civil penalties.--Civil penalties under paragraph (1) 
     are in addition to, and not in place of, any criminal or 
     other civil penalties that may be imposed.''.
       (b) Enhanced Penalties.--Section 275 of the Immigration and 
     Nationality Act (8 U.S.C. 1325) is amended by adding at the 
     end the following:
       ``(e) Enhanced Penalty for Terrorist Aliens.--Any alien who 
     commits an offense described in subsection (a) for the 
     purpose of engaging in, or with the intent to engage in, any 
     Federal crime of terrorism (as defined in section 2332b(g) of 
     title 18, United States Code) shall be imprisoned for not 
     less than 10 years and not more than 30 years.''.
       (c) Clerical Amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     striking the item relating to section 275 and inserting the 
     following:

``Sec. 275. Illegal entry.''.
       (d) Application.--
       (1) Prior convictions.--Section 275(a)(4) of the 
     Immigration and Nationality Act shall apply only to 
     violations of section 275(a)(2) of that Act (8 U.S.C. 
     1325(a)(2)) committed on or after the date of enactment of 
     this Act.
       (2) Bars to immigration relief and benefits.--Section 
     275(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1325(a)(2)) shall take effect on the date of enactment of 
     this Act and apply to any alien who, on or after that date of 
     enactment--
       (A) enters or crosses, or attempts to enter or cross, the 
     border into the United States at any time or place other than 
     as designated by immigration officers;
       (B) eludes, at any time or place, examination or inspection 
     by an authorized immigration, customs, or agriculture officer 
     (including failing to stop at the command of such officer); 
     or
       (C) enters or crosses the border to the United States and, 
     upon examination or inspection, makes a false or misleading 
     representation or conceals a material fact, including such 
     representation or concealment in the context of arrival, 
     reporting, entry, or clearance, requirements of the customs 
     laws, immigration laws, agriculture laws, or shipping laws.

     SEC. 1606. PENALTIES FOR REENTRY OF REMOVED ALIENS.

       (a) Short Titles.--This section may be cited as the ``Stop 
     Illegal Reentry Act'' or ``Kate's Law''.
       (b) Increased Penalties for Reentry of Removed Alien.--
       (1) In general.--Section 276 of the Immigration and 
     Nationality Act (8 U.S.C. 1326) is amended to read as 
     follows:

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) In General.--
       ``(1) Bars to immigration relief and benefits.--Any alien 
     who has been denied admission, excluded, deported, or removed 
     or has departed the United States while an order of 
     exclusion, deportation, or removal is outstanding shall be 
     ineligible for all immigration benefits or relief available 
     under the immigration laws, including relief under sections 
     240A(b)(1), 240B(b), 245, 248, and 249, other than asylum, 
     relief as a victim of trafficking under section 
     101(a)(15)(T), relief as a victim of criminal activity under 
     section 101(a)(15)(U), relief under the Violence Against 
     Women Act of 1994 (42 U.S.C. 13701 et seq.) as a spouse or 
     child who has been battered or subjected to extreme cruelty, 
     relief as a battered spouse or child under section 
     240A(b)(2), withholding of removal under section 241(b)(3), 
     or protection from removal based on a claim under the 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1984, if, after such denial, exclusion, deportation, 
     removal, or departure, the alien enters, attempts to enter, 
     crosses the border into, attempts to cross the border into, 
     or is at any time found in, the United States, unless--
       ``(A) if the alien is seeking admission more than 10 years 
     after the date of the alien's last departure from the United 
     States, the Secretary, before the alien's reembarkation at a 
     place outside of the United States or the alien's application 
     for admission from a foreign contiguous territory, has 
     expressly consented to such alien's reapplying for admission; 
     or
       ``(B) with respect to an alien previously denied admission 
     and removed, such alien establishes that the alien was not 
     required to obtain such advance consent under this Act or any 
     other Act.
       ``(2) Criminal offenses.--Any alien who--
       ``(A) has been denied admission, deported, or removed or 
     has departed the United States while an order of deportation, 
     or removal is outstanding; and
       ``(B) after such denial, removal or departure, enters, 
     attempts to enter, crosses the border into, attempts to cross 
     the border into, or is at any time found in, the United 
     States, unless--
       ``(i) if the alien is seeking admission more than 10 years 
     after the date of the alien's last departure from the United 
     States, the Secretary, before the alien's reembarkation at a 
     place outside the United States or the alien's application 
     for admission from a foreign contiguous territory, has 
     expressly consented to such alien's reapplying for admission; 
     or
       ``(ii) with respect to an alien previously denied admission 
     and removed, such alien establishes that the alien was not 
     required to obtain such advance consent under this Act or any 
     other Act,
       ``shall be fined under title 18, United States Code, 
     imprisoned not more than 5 years, or both.
       ``(b) Criminal Penalties for Reentry of Certain Removed 
     Aliens.--
       ``(1) Reentry after removal.--Notwithstanding the penalties 
     under subsection (a)(2), and except as provided in subsection 
     (c)--
       ``(A) an alien described in subsection (a) who has been 
     excluded from the United States pursuant to section 235(c) 
     because the alien was excludable under section 212(a)(3)(B) 
     or who has been removed from the United States pursuant to 
     the provisions of title V, and thereafter, without the 
     permission of the Secretary, enters the United States, or 
     attempts to enter the United States, shall be fined under 
     title 18, United States Code, and imprisoned for a period of 
     15 years, which sentence shall not run concurrently with any 
     other sentence;
       ``(B) an alien described in subsection (a) who was removed 
     from the United States pursuant to section 237(a)(4)(B) and 
     thereafter, without the permission of the Secretary, enters, 
     attempts to enter, or is at any time found in, the United 
     States (unless the Secretary has expressly consented to such 
     alien's reentry) shall be fined under title 18, United States 
     Code, imprisoned for not more than 15 years, or both; and
       ``(C) an alien described in subsection (a) who has been 
     denied admission, excluded, deported, or removed 2 or more 
     times for any reason and thereafter enters, attempts to 
     enter, crosses the border into, attempts to cross the border 
     into, or is at any time found in, the United States, shall be 
     fined under title 18, United States Code, imprisoned not more 
     than 15 years, or both.
       ``(2) Reentry of criminal aliens after removal.--
     Notwithstanding the penalties under subsection (a)(2), and 
     except as provided in subsection (c)--
       ``(A) an alien described in subsection (a) who was 
     convicted, on a date that is before the date on which the 
     alien was subject to removal or departure, of a significant 
     misdemeanor shall be fined under title 18, United States 
     Code, imprisoned not more than 10 years, or both;
       ``(B) an alien described in subsection (a) who was 
     convicted, on a date that is before the date on which the 
     alien was subject to removal or departure, of 2 or more 
     misdemeanors involving drugs, crimes against the person, or 
     both, shall be fined under title 18, United States Code, 
     imprisoned not more than 10 years, or both;
       ``(C) an alien described in subsection (a) who was 
     convicted, on a date that is before the date on which the 
     alien was subject to removal or departure, of 3 or more 
     misdemeanors for which the alien was sentenced to a term of 
     imprisonment of not less than 90 days for each offense, or 12 
     months in the aggregate, shall be fined under title 18, 
     United States Code, imprisoned not more than 10 years, or 
     both;
       ``(D) an alien described in subsection (a) who was 
     convicted, on a date that is before the date on which the 
     alien was subject to removal or departure, of a felony for 
     which the alien was sentenced to a term of imprisonment of 
     not less than 30 months shall be fined under such title, 
     imprisoned not more than 15 years, or both;
       ``(E) an alien described in subsection (a) who was 
     convicted, on a date that is before the date on which the 
     alien was subject to removal or departure, of a felony for 
     which the alien was sentenced to a term of imprisonment of 
     not less than 5 years shall be fined under such title, 
     imprisoned not more than 20 years, or both;
       ``(F) an alien described in subsection (a) who was 
     convicted of 3 or more felonies of

[[Page S1012]]

     any kind shall be fined under such title, imprisoned not more 
     than 25 years, or both; and
       ``(G) an alien described in subsection (a) who was 
     convicted, on a date that is before the date on which the 
     alien was subject to removal or departure or after such 
     removal or departure, for murder, rape, kidnapping, or a 
     felony offense described in chapter 77 (relating to peonage 
     and slavery) or 113B (relating to terrorism) of such title 
     shall be fined under such title, imprisoned not more than 25 
     years, or both.
       ``(c) Mandatory Minimum Criminal Penalty for Reentry of 
     Certain Removed Aliens.--Notwithstanding the penalties under 
     subsections (a) and (b), an alien described in subsection (a) 
     shall be imprisoned not less than 5 years and not more than 
     20 years, and may, in addition, be fined under title 18, 
     United States Code, if the alien--
       ``(1) was convicted, on a date that is before the date on 
     which the alien was subject to removal or departure, of an 
     aggravated felony; or
       ``(2) was convicted at least twice of illegal reentry under 
     this section on 1 or more dates that are before the date on 
     which such removal or departure.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b)(2) are elements of the crimes 
     described in that subsection, and the penalties in that 
     subsection shall apply only in cases in which the 1 or more 
     convictions that form the basis for the additional penalty 
     are--
       ``(1) alleged in the indictment or information; and
       ``(2)(A) proven beyond a reasonable doubt at trial; or
       ``(B) admitted by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) on a date that is before the date of the alleged 
     violation, the alien sought and received the express consent 
     of the Secretary to reapply for admission into the United 
     States; or
       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     this Act or any other Act; and
       ``(B) complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of a removal order described 
     in subsection (a), (b), or (c) concerning the alien unless 
     the alien demonstrates that--
       ``(1) the alien exhausted any administrative remedies that 
     may have been available to seek relief against the order;
       ``(2) the removal or deportation proceedings at which the 
     order was issued improperly deprived the alien of the 
     opportunity for judicial review; and
       ``(3) the entry of the order was fundamentally unfair.
       ``(g) Reentry of Alien Removed Before the Completion of the 
     Term of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     into, attempts to cross the border into, or is at any time 
     found in, the United States--
       ``(1) shall be incarcerated for the remainder of the 
     sentence of imprisonment that was pending at the time of 
     deportation or removal without any reduction for parole or 
     supervised release unless the alien affirmatively 
     demonstrates that the Secretary has expressly consented to 
     the alien's reentry (if a request for consent to reapply is 
     authorized under this section); and
       ``(2) shall be subject to such other penalties relating to 
     the reentry of removed aliens as may be available under this 
     section or any other provision of law.
       ``(h) Definitions.--In this section:
       ``(1) Cross the border.--The term `cross the border' refers 
     to the physical act of crossing the border, regardless of 
     whether the alien is free from official restraint.
       ``(2) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, deportation, or removal, or any agreement by which 
     an alien stipulates or agrees to deportation, or removal.
       ``(5) Significant misdemeanor.--The term `significant 
     misdemeanor' means a misdemeanor crime that--
       ``(A) involves the use or attempted use of physical force, 
     or threatened use of a deadly weapon, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabiting with or has cohabited with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim;
       ``(B) is a sexual assault (as defined in section 40002(a) 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (34 U.S.C. 12291(a));
       ``(C) involved the unlawful possession of a firearm (as 
     defined in section 921 of title 18, United States Code);
       ``(D) is a crime of violence (as defined in section 16 of 
     title 18, United States Code); or
       ``(E) is an offense under Federal, State, or Tribal law, 
     that has, as an element, the use or attempted use of physical 
     force or the threatened use of physical force or a deadly 
     weapon.
       ``(6) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.
       (c) Effective Date; Applicability.--Section 276(a)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1326(a)(1)) 
     shall take effect on the date of enactment of this Act and 
     shall apply to any alien who, on or after that date of 
     enactment--
       (1) has been denied admission, excluded, deported, or 
     removed or has departed the United States while an order of 
     exclusion, deportation, or removal is outstanding; and
       (2) after such denial, exclusion, deportation or removal, 
     enters, attempts to enter, crosses the border into, attempts 
     to cross the border into, or is at any time found in, the 
     United States, unless--
       (A) if the alien is seeking admission more than 10 years 
     after the date of the alien's last departure from the United 
     States, the Secretary of Homeland Security, before the 
     alien's reembarkation at a place outside the United States or 
     the alien's application for admission from a foreign 
     contiguous territory, has expressly consented to such alien's 
     reapplying for admission; or
       (B) with respect to an alien previously denied admission 
     and removed, such alien establishes that the alien was not 
     required to obtain such advance consent under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) or any other Act.

     SEC. 1607. LAUNDERING OF MONETARY INSTRUMENTS.

       Section 1956(c)(7)(D) of title 18, United States Code, is 
     amended by inserting ``section 1590 (relating to trafficking 
     with respect to peonage, slavery, involuntary servitude, or 
     forced labor),'' after ``section 1363 (relating to 
     destruction of property within the special maritime and 
     territorial jurisdiction),''.

     SEC. 1608. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL 
                   ORGANIZATIONS AND MONEY LAUNDERERS.

       Section 981(b) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(5)(A) If a person is arrested or charged in connection 
     with an offense described in subparagraph (C) involving the 
     movement of funds into or out of the United States, the 
     Attorney General may apply to any Federal judge or magistrate 
     judge in the district in which the arrest is made or where 
     the charges are filed for an ex parte order restraining any 
     account held by the person arrested or charged for not more 
     than 30 days. Such 30-day period may be extended for good 
     cause shown at a hearing conducted in the manner provided in 
     Rule 43 of the Federal Rules of Civil Procedure. The court 
     may receive and consider evidence and information submitted 
     by the Government that would be inadmissible under the 
     Federal Rules of Evidence.
       ``(B) The application for a restraining order under 
     subparagraph (A) shall--
       ``(i) identify the offense for which the person has been 
     arrested or charged;
       ``(ii) identify the location and description of the 
     accounts to be restrained; and
       ``(iii) state that the restraining order is needed to 
     prevent the removal of the funds in the account by the person 
     arrested or charged, or by others associated with such 
     person, during the time needed by the Government to conduct 
     such investigation as may be necessary to establish whether 
     there is probable cause to believe that the funds in the 
     accounts are subject to forfeiture in connection with the 
     commission of any criminal offense.
       ``(C) An offense described in this subparagraph is any 
     offense for which forfeiture is authorized under this title, 
     title 31, or the Controlled Substances Act (21 U.S.C. 801 et 
     seq.).
       ``(D) For purposes of this section--
       ``(i) the term `account' includes any safe deposit box and 
     any account (as defined in paragraphs (1) and (2) of section 
     5318A(e) of title 31, United States Code) at any financial 
     institution; and
       ``(ii) the term `account held by the person arrested or 
     charged' includes an account held in the name of such person, 
     and any account over which such person has effective control 
     as a signatory or otherwise.
       ``(E) A restraining order issued under this paragraph shall 
     not be considered a `seizure' for purposes of section 983(a).
       ``(F) A restraining order issued under this paragraph may 
     be executed in any district in which the subject account is 
     found, or transmitted to the central authority of any foreign 
     State for service in accordance with any treaty or other 
     international agreement.''.

     SEC. 1609. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS 
                   DEVICES, DIGITAL CURRENCIES, OR OTHER SIMILAR 
                   INSTRUMENTS.

       (a) In General.--
       (1) Definitions.--
       (A) Addition of issuers, redeemers, and cashiers of prepaid 
     access devices and digital currencies to the definition of 
     financial institutions.--Section 5312(a)(2)(K) of title 31, 
     United States Code, is amended to read as follows:

[[Page S1013]]

       ``(K) an issuer, redeemer, or cashier of travelers' checks, 
     checks, money orders, prepaid access devices, digital 
     currencies, or any digital exchanger or tumbler of digital 
     currency;''.
       (B) Addition of prepaid access devices to the definition of 
     monetary instruments.--Section 5312(a)(3)(B) of title 31, 
     United States Code, is amended by inserting ``prepaid access 
     devices,'' after ``delivery,''.
       (C) Prepaid access device.--Section 5312 of such title is 
     amended--
       (i) by redesignating paragraph (6) as paragraph (7); and
       (ii) by inserting after paragraph (5) the following:
       ``(6) `prepaid access device' means an electronic device or 
     vehicle, such as a card, plate, code, number, electronic 
     serial number, mobile identification number, personal 
     identification number, or other instrument that provides a 
     portal to funds or the value of funds that have been paid in 
     advance and can be retrievable and transferable at some point 
     in the future.''.
       (2) GAO report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress that describes--
       (A) the impact of amendments made by paragraph (1) on law 
     enforcement, the prepaid access device industry, and 
     consumers; and
       (B) the implementation and enforcement by the Department of 
     the Treasury of the final rule relating to ``Bank Secrecy Act 
     Regulations--Definitions and Other Regulations Relating to 
     Prepaid Access'' (76 Fed. Reg. 45403 (July 29, 2011)).
       (b) U.S. Customs and Border Protection Strategy for Prepaid 
     Access Devices.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Commissioner of U.S. Customs and Border 
     Protection, shall submit to Congress a report that--
       (1) details a strategy to interdict and detect prepaid 
     access devices, digital currencies, or other similar 
     instruments, at border crossings and other ports of entry for 
     the United States; and
       (2) includes an assessment of the infrastructure needed to 
     carry out the strategy detailed pursuant to paragraph (1).
       (c) Money Smuggling Through Blank Checks in Bearer Form.--
     Section 5316 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(e) Monetary Instruments With Amount Left Blank.--For 
     purposes of this section, a monetary instrument in bearer 
     form that has the amount left blank, such that the amount 
     could be filled in by the bearer, shall be considered to have 
     a value of more than $10,000 if the monetary instrument was 
     drawn on an account that contained or was intended to contain 
     more than $10,000 at the time the monetary instrument was--
       ``(1) transported; or
       ``(2) negotiated.''.

     SEC. 1610. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES 
                   ENGAGED IN MONEY LAUNDERING.

       (a) Intent to Conceal or Disguise.--Section 1956(a) of 
     title 18, United States Code, is amended--
       (1) in paragraph (1)(B), by striking ``(B) knowing that'' 
     and all that follows through ``Federal law,'' in clause (ii) 
     and inserting the following:
       ``(B) knowing that the transaction--
       ``(i) conceals or disguises, or is intended to conceal or 
     disguise, the nature, source, location, ownership, or control 
     of the proceeds of some form of unlawful activity; or
       ``(ii) avoids, or is intended to avoid, a transaction 
     reporting requirement under State or Federal law,''; and
       (2) in paragraph (2)(B), by striking ``(B) knowing that'' 
     and all that follows through ``Federal law,'' in clause (ii) 
     and inserting the following:
       ``(B) knowing that the monetary instrument or funds 
     involved in the transportation, transmission, or transfer 
     represent the proceeds of some form of unlawful activity, and 
     knowing that such transportation, transmission, or transfer--
       ``(i) conceals or disguises, or is intended to conceal or 
     disguise, the nature, source, location, ownership, or control 
     of the proceeds of some form of unlawful activity; or
       ``(ii) avoids, or is intended to avoid, a transaction 
     reporting requirement under State or Federal law,''.
       (b) Proceeds of a Felony.--Section 1956(c)(1) of title 18, 
     United States Code, is amended by inserting ``, and 
     regardless of whether the person knew that the activity 
     constituted a felony'' before the semicolon at the end.

       Subtitle G--Protecting National Security and Public Safety

                       CHAPTER 1--GENERAL MATTERS

     SEC. 1701. DEFINITIONS OF TERRORIST ACTIVITY, ENGAGE IN 
                   TERRORIST ACTIVITY, AND TERRORIST ORGANIZATION.

       (a) Definition of Engage in Terrorist Activity.--Section 
     212(a)(3)(B)(iv)(I) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(iv)(I)) is amended to read as follows:

       ``(I) to commit a terrorist activity or, under 
     circumstances indicating an intention to cause death, serious 
     bodily harm, or substantial damage to property, to incite 
     another person to commit a terrorist activity;''.

       (b) Definition of Terrorist Organization.--Section 
     212(a)(3)(B)(vi)(III) of such Act (8 U.S.C. 
     1182(a)(3)(B)(vi)(III)) is amended to read as follows:

       ``(III) that is a group of 2 or more individuals, whether 
     organized or not, which engages in, or has a subgroup that 
     engages in, the activities described in subclauses (I) 
     through (VI) of clause (iv), if the group or subgroup 
     presents a threat to the national security of the United 
     States.''.

       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act.
       (2) Applicability.--Section 212(a)(3) of the Immigration 
     and Nationality Act, as amended by this section, shall apply 
     to--
       (A) removal proceedings instituted before, on, or after the 
     date of the enactment of this Act; and
       (B) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.

     SEC. 1702. TERRORIST AND SECURITY-RELATED GROUNDS OF 
                   INADMISSIBILITY.

       (a) Security and Related Grounds.--Section 212(a)(3)(A) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) 
     is amended to read as follows:
       ``(A) In general.--Any alien who a consular officer, the 
     Attorney General, or the Secretary knows, or has reasonable 
     ground to believe, seeks to enter the United States to engage 
     solely, principally, or incidentally, in, or who is engaged 
     in--
       ``(i) any activity--

       ``(I) to violate any law of the United States relating to 
     espionage or sabotage; or
       ``(II) to violate or evade any law prohibiting the export 
     from the United States of goods, technology, or sensitive 
     information;

       ``(ii) any other activity which would be unlawful if 
     committed in the United States; or
       ``(iii) any activity a purpose of which is the opposition 
     to, or the control or overthrow of, the Government of the 
     United States by force, violence, or other unlawful means,
     is inadmissible.''.
       (b) Terrorist Activities.--Section 212(a)(3)(B)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) 
     is amended--
       (1) in subclause (III), by inserting ``or substantial 
     damage to property'' before ``, incited terrorist activity'';
       (2) in subclause (IV), by inserting ``or has been'' before 
     ``a representative'';
       (3) in subclause (V), by inserting ``or has been'' before 
     ``a member'';
       (4) in subclause (VI), by inserting ``or has been'' before 
     ``a member'';
       (5) by amending subclause (VII) to read as follows:

       ``(VII) endorses or espouses, or has endorsed or espoused, 
     terrorist activity or persuades or has persuaded others to 
     endorse or espouse terrorist activity or support a terrorist 
     organization;'';

       (6) by amending subclause (IX) to read as follows:

       ``(IX) is the spouse or child of an alien who is 
     inadmissible under this subparagraph if--

       ``(aa) the activity causing the alien to be found 
     inadmissible occurred within the last 10 years; and
       ``(bb)(AA) the spouse or child knew, or should reasonably 
     have known, of the activity causing the alien to be found 
     inadmissible under this section; and
       ``(BB) the consular officer or Attorney General does not 
     have reasonable grounds to believe that the spouse or child 
     has renounced the activity causing the alien to be found 
     inadmissible under this section.''; and
       (7) by striking the undesignated matter following subclause 
     (IX).
       (c) Palestine Liberation Organization.--Section 
     212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)) is amended by adding at the end the following:
       ``(vii) Palestine liberation organization.--An alien who is 
     an officer, official, representative, or spokesman of the 
     Palestine Liberation Organization is considered, for purposes 
     of this Act, to be engaged in terrorist activity.''.
       (d) Bars to Immigration Relief.--Any alien described in 
     section 212(a)(3)(B) or 237(a)(4)(B) is not eligible and may 
     not apply for any immigration benefits or relief available 
     under this Act. Such aliens are only eligible to seek 
     deferral of removal pursuant to the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York, December 10, 1984.

     SEC. 1703. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON 
                   CRIMINAL OR SECURITY GROUNDS.

       (a) In General.--Section 238 of the Immigration and 
     Nationality Act (8 U.S.C. 1228) is amended--
       (1) in the section heading, by adding at the end the 
     following: ``or who are subject to terrorism-related grounds 
     for removal'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary, in the Secretary's sole and unreviewable 
     discretion,''; and
       (ii) by striking ``set forth in this subsection or'' and 
     inserting ``set forth in this subsection, in lieu of removal 
     proceedings under'';
       (B) in paragraphs (3) and (4), by striking ``Attorney 
     General'' each place that term appears and inserting 
     ``Secretary'';
       (C) in paragraph (5)--

[[Page S1014]]

       (i) by striking ``described in this section'' and inserting 
     ``described in paragraph (1) or (2)''; and
       (ii) by striking ``the Attorney General may grant in the 
     Attorney General's discretion.'' and inserting ``the 
     Secretary or the Attorney General may grant, in the sole and 
     unreviewable discretion of the Secretary or the Attorney 
     General, in any proceeding.'';
       (D) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (E) by inserting after paragraph (2) the following:
       ``(3) The Secretary, in the exercise of discretion, may 
     determine inadmissibility under section 212(a)(2) and issue 
     an order of removal pursuant to the procedures set forth in 
     this subsection, in lieu of removal proceedings under section 
     240, with respect to an alien who--
       ``(A) has not been admitted or paroled;
       ``(B) has not been found to have a credible fear of 
     persecution pursuant to the procedures set forth in 
     235(b)(1)(B); and
       ``(C) is not eligible for a waiver of inadmissibility or 
     relief from removal.'';
       (3) by redesignating the first subsection (c) as subsection 
     (d);
       (4) by redesignating the second subsection (c), as so 
     designated by section 617(b)(13) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-208; 110 Stat. 3009-720)), as subsection 
     (e); and
       (5) by inserting after subsection (b) the following:
       ``(c) Removal of Aliens Who Are Subject to Terrorism-
     related Grounds for Removal.--
       ``(1) In general.--The Secretary--
       ``(A) notwithstanding section 240, shall--
       ``(i) determine the inadmissibility of every alien under 
     subclause (I), (II), or (III) of section 212(a)(3)(B)(i), or 
     the deportability of the alien under section 237(a)(4)(B) as 
     a consequence of being described in 1 of such subclauses; and
       ``(ii) issue an order of removal pursuant to the procedures 
     set forth in this subsection to every alien determined to be 
     inadmissible or deportable on a ground described in clause 
     (i); and
       ``(B) may--
       ``(i) determine the inadmissibility of any alien under 
     subparagraph (A) or (B) of section 212(a)(3) (other than 
     subclauses (I), (II), and (III) of section 212(a)(3)(B)(i)), 
     or the deportability of the alien under subparagraph (A) or 
     (B) of section 237(a)(4) (as a consequence of being described 
     in subclause (I), (II), or (III) of section 212(a)(3)(B)(i)); 
     and
       ``(ii) issue an order of removal pursuant to the procedures 
     set forth in this subsection to every alien determined to be 
     inadmissible or deportable on a ground described in clause 
     (i).
       ``(2) Limitation.--The Secretary may not execute any order 
     described in paragraph (1) until 30 days after the date on 
     which such order was issued, unless waived by the alien, to 
     give the alien an opportunity to petition for judicial review 
     under section 242.
       ``(3) Proceedings.--The Secretary shall prescribe 
     regulations to govern proceedings under this subsection, 
     which shall require that--
       ``(A) the alien is given reasonable notice of the charges 
     and of the opportunity described in subparagraph (C);
       ``(B) the alien has the privilege of being represented (at 
     no expense to the Government) by such counsel, authorized to 
     practice in such proceedings, as the alien shall choose;
       ``(C) the alien has a reasonable opportunity to inspect the 
     evidence and rebut the charges;
       ``(D) a determination is made on the record that the 
     individual upon whom the notice for the proceeding under this 
     section is served (either in person or by mail) is, in fact, 
     the alien named in such notice;
       ``(E) a record is maintained for judicial review; and
       ``(F) the final order of removal is not adjudicated by the 
     same person who issues the charges.
       ``(4) Limitation on relief from removal.--No alien 
     described in this subsection shall be eligible for any relief 
     from removal that the Secretary may grant in the Secretary's 
     discretion.''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 238 and 
     inserting the following:

``Sec. 238. Expedited removal of aliens convicted of aggravated 
              felonies or who are subject to terrorism-related grounds 
              for removal.''.
       (c) Effective Date and Application.--The amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act, but shall not apply to aliens who are in removal 
     proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) on such date of enactment.

     SEC. 1704. DETENTION OF REMOVABLE ALIENS.

       (a) Criminal Alien Enforcement Partnerships.--Section 287 
     of the Immigration and Nationality Act (8 U.S.C. 1357), as 
     amended by section 1123, is amended by adding at the end the 
     following:
       ``(j) Criminal Alien Enforcement Partnerships.--
       ``(1) In general.--The Secretary may enter into a written 
     agreement with a State, or with any political subdivision of 
     a State, to authorize the temporary placement of 1 or more 
     U.S. Customs and Border Protection agents or officers or U.S. 
     Immigration and Customs Enforcement agents or investigators 
     at a local police department or precinct--
       ``(A) to determine the immigration status of any individual 
     arrested by a State, county, or local police, enforcement, or 
     peace officer for any criminal offense;
       ``(B) to issue charging documents and notices related to 
     the initiation of removal proceedings or reinstatement of 
     prior removal orders under section 241(a)(5);
       ``(C) to enter information directly into the National Crime 
     Information Center (NCIC) database, Immigration Violator 
     File, including--
       ``(i) the alien's address;
       ``(ii) the reason for the arrest;
       ``(iii) the legal cite of the State law violated or for 
     which the alien is charged;
       ``(iv) the alien's driver's license number and State of 
     issuance, if the alien has a driver's license;
       ``(v) any other identification document held by the alien 
     and issuing entity for such identification documents; and
       ``(vi) any identifying marks, such as tattoos, birthmarks, 
     and scars;
       ``(D) to collect biometrics, including iris, fingerprint, 
     photographs, and signature, of the alien and to enter such 
     information into the Automated Biometric Identification 
     System (IDENT) and any other Department of Homeland Security 
     or law enforcement database authorized for storage of 
     biometric information for aliens; and
       ``(E) to make advance arrangements for the immediate 
     transfer from State to Federal custody of any criminal alien 
     when the alien is released, without regard to whether the 
     alien is released on parole, supervised release, or 
     probation, and without regard to whether the alien may be 
     arrested and imprisoned again for the same offense.
       ``(2) Length of temporary duty assignments.--The initial 
     period for a temporary duty assignment authorized under this 
     subsection shall be 1 year. The temporary duty assignment may 
     be extended for additional periods of time as agreed to by 
     the Secretary and the State or political subdivision of the 
     State to ensure continuity of operations, cooperation, and 
     coverage.
       ``(3) Technology usage.--The Secretary shall provide U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs Enforcement agents, officers, and investigators on a 
     temporary duty assignment under this subsection mobile access 
     to Federal databases containing alien information, live scan 
     technology for collection of biometrics, and video-
     conferencing capability for use at local police departments 
     or precincts in remote locations.
       ``(4) Report.--Not later than 1 year after the date of the 
     enactment of the SECURE and SUCCEED Act, the Secretary shall 
     submit a report to the Committee on the Judiciary of the 
     Senate, the Committee on Homeland Security and Governmental 
     Affairs of the Senate, the Committee on the Judiciary of the 
     House of Representatives, and the Committee on Homeland 
     Security of the House of Representatives that identifies--
       ``(A) the number of States that have entered into an 
     agreement under this subsection;
       ``(B) the number of criminal aliens processed by the U.S. 
     Customs and Border Protection agent or officer or U.S. 
     Immigration and Customs Enforcement agent or investigator 
     during the temporary duty assignment; and
       ``(C) the number of criminal aliens transferred from State 
     to Federal custody during the agreement period.''.
       (b) Detention, Release, and Removal of Aliens Ordered 
     Removed.--
       (1) Removal period.--
       (A) In general.--Section 241(a)(1)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(1)(A)) is amended by 
     striking ``Attorney General'' and inserting ``Secretary''.
       (B) Beginning of period.--Section 241(a)(1)(B) of such Act 
     (8 U.S.C. 1231(a)(1)(B)) is amended to read as follows:
       ``(B) Beginning of period.--
       ``(i) In general.--Subject to clause (ii), the removal 
     period begins on the date that is the latest of the 
     following:

       ``(I) If the alien is ordered removed, the date pursuant to 
     an administratively final removal order and the Secretary 
     takes the alien into custody for removal.
       ``(II) If the alien is detained or confined (except under 
     an immigration process), the date on which the alien is 
     released from detention or confinement.

       ``(ii) Beginning of removal period following a transfer of 
     custody.--If the Secretary transfers custody of the alien 
     pursuant to law to another Federal agency or to an agency of 
     a State or local government in connection with the official 
     duties of such agency, the removal period for the alien--

       ``(I) shall be tolled; and
       ``(II) shall resume on the date on which the alien is 
     returned to the custody of the Secretary.''.

       (C) Suspension of period.--Section 241(a)(1)(C) of such Act 
     (8 U.S.C. 1231(a)(1)(C)) is amended to read as follows:
       ``(C) Suspension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if--
       ``(i) the alien fails or refuses to make all reasonable 
     efforts to comply with the order of removal or to fully 
     cooperate with the efforts of the Secretary to establish the 
     alien's identity and carry out the order of removal, 
     including making timely application in good

[[Page S1015]]

     faith for travel or other documents necessary to the alien's 
     departure;
       ``(ii) the alien conspires or acts to prevent the alien's 
     removal subject to an order of removal; or
       ``(iii) the court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the 
     alien.''.
       (2) Detention.--Section 241(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
       (A) by inserting ``(A) In general.--'' before ``During'';
       (B) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (C) by adding at the end the following:
       ``(B) During a pendency of a stay.--If a court, the Board 
     of Immigration Appeals, or an immigration judge orders a stay 
     of removal of an alien who is subject to an order of removal, 
     the Secretary, in the Secretary's sole and unreviewable 
     exercise of discretion, and notwithstanding any provision of 
     law, including section 2241 of title 28, United States Code, 
     may detain the alien during the pendency of such stay of 
     removal.''.
       (3) Suspension after 90-day period.--Section 241(a)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(a)(3)) is 
     amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (B) in subparagraph (C), by striking ``Attorney General'' 
     and inserting ``Secretary''; and
       (C) by amending subparagraph (D) to read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary prescribes for the alien, in order to prevent 
     the alien from absconding, for the protection of the 
     community, or for other purposes related to the enforcement 
     of the immigration laws.''.
       (4) Aliens imprisoned, arrested, or on parole, supervised 
     release, or probation.--Section 241(a)(4) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(4)) is amended--
       (A) in subparagraph (A), by striking ``Attorney General'' 
     and inserting ``Secretary''; and
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (ii) in clause (i), by striking ``if the Attorney General'' 
     and inserting ``if the Secretary''; and
       (iii) in clause (ii)(III), by striking ``Attorney General'' 
     and inserting ``Secretary''.
       (5) Reinstatement of removal orders against aliens 
     illegally reentering.--
       (A) In general.--Section 241(a)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as 
     follows:
       ``(5) Reinstatement of removal orders against aliens 
     illegally reentering.--If the Secretary determines that an 
     alien has entered the United States illegally after having 
     been removed, deported, or excluded, or having departed 
     voluntarily, under an order of removal, deportation, or 
     exclusion, regardless of the date of the original order or 
     the date of the illegal entry--
       ``(A) the order of removal, deportation, or exclusion is 
     reinstated from its original date and is not subject to being 
     reopened or reviewed notwithstanding section 242(a)(2)(D);
       ``(B) the alien is not eligible and may not apply for any 
     relief under this Act, regardless of the date on which an 
     application or request for such relief may have been filed or 
     made;
       ``(C) the alien shall be removed under the order of 
     removal, deportation, or exclusion at any time after the 
     illegal entry; and
       ``(D) reinstatement under subparagraph (A) shall not 
     require proceedings under section 240 or other proceedings 
     before an immigration judge.''.
       (B) Judicial review.--Section 242 of such Act (8 U.S.C. 
     1252) is amended by--
       (i) in subsection (g), by inserting ``grant, rescind, or 
     deny any form of discretionary relief under this title, or 
     to'' before ``commence''; and
       (ii) by adding at the end the following:
       ``(h) Judicial Review of Decision to Reinstate Removal 
     Order Under Section 241(a)(5).--
       ``(1) Review of decision to reinstate removal order.--
     Judicial review of determinations under section 241(a)(5) is 
     available in an action under subsection (a).
       ``(2) No review of original order.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, any other 
     habeas corpus provision, or sections 1361 and 1651 of such 
     title, no court shall have jurisdiction to review any cause 
     or claim, arising from, or relating to, any challenge to the 
     original order.''.
       (C) Effective date and application.--The amendments made by 
     subparagraphs (A) and (B) shall take effect as if enacted on 
     April 1, 1997, and shall apply to all orders reinstated or 
     after that date by the Secretary of Homeland Security (or by 
     the Attorney General before March 1, 2003), regardless of the 
     date of the original order.
       (6) Inadmissible or criminal aliens.--Section 241(a)(6) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(a)(6)) is 
     amended--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by striking ``removal period and, if released,'' and 
     inserting ``removal period, in the discretion of the 
     Secretary, without any limitations other than those specified 
     in this section, until the alien is removed,''.
       (7) Parole; additional rules; judicial review.--Section 
     241(a) of the Immigration and Nationality Act (8 U.S.C. 
     1231(a)) is amended--
       (A) in paragraph (7), by striking ``Attorney General'' and 
     inserting ``Secretary'';
       (B) by redesignating paragraph (7) as paragraph (15); and
       (C) by inserting after paragraph (6) the following:
       ``(7) Parole.--Except for aliens subject to detention under 
     paragraph (6) and aliens subject to detention under section 
     236(c), 236A, or 238, if an alien who is detained is an 
     applicant for admission, the Secretary, in the Secretary's 
     sole and unreviewable discretion, may parole the alien under 
     section 212(d)(5) and may provide, notwithstanding section 
     212(d)(5), that the alien shall not be returned to custody 
     unless the alien violates the conditions of such parole or 
     the alien's removal becomes reasonably foreseeable, provided 
     that in no circumstance shall such alien be considered 
     admitted.
       ``(8) Additional rules for detention or release of certain 
     aliens who were previously admitted to the united states.--
       ``(A) Application.--The procedures set out under this 
     paragraph--
       ``(i) apply only to an alien who was previously admitted to 
     the United States; and
       ``(ii) do not apply to any other alien, including an alien 
     detained pursuant to paragraph (6).
       ``(B) Establishment of detention review process for aliens 
     who fully cooperate with removal.--
       ``(i) Requirement to establish.--If an alien has made all 
     reasonable efforts to comply with a removal order and to 
     cooperate fully with the efforts of the Secretary to 
     establish the alien's identity and carry out the removal 
     order, including making timely application in good faith for 
     travel or other documents necessary to the alien's departure, 
     and has not conspired or acted to prevent removal, the 
     Secretary shall establish an administrative review process to 
     determine whether the alien should be detained or released on 
     conditions.
       ``(ii) Determinations.--The Secretary shall--

       ``(I) make a determination whether to release an alien 
     described in clause (i) after the end of the alien's removal 
     period; and
       ``(II) in making a determination under subclause (I), 
     consider any evidence submitted by the alien, and may 
     consider any other evidence, including any information or 
     assistance provided by the Department of State or other 
     Federal agency and any other information available to the 
     Secretary pertaining to the ability to remove the alien.

       ``(9) Authority to detain beyond the removal period.--The 
     Secretary, in the exercise of discretion, without any 
     limitations other than those specified in this section, may 
     continue to detain an alien for 90 days beyond the removal 
     period (including any extension of the removal period as 
     provided in paragraph (1)(C))--
       ``(A) until the alien is removed, if the Secretary 
     determines that--
       ``(i) there is a significant likelihood that the alien will 
     be removed in the reasonably foreseeable future;
       ``(ii) the alien would be removed in the reasonably 
     foreseeable future, or would have been removed, but for the 
     alien's failure or refusal to make all reasonable efforts to 
     comply with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspiracies or acts 
     to prevent removal;
       ``(iii) the government of the foreign country of which the 
     alien is a citizen, subject, national, or resident is denying 
     or unreasonably delaying accepting the return of the alien 
     after the Secretary asks whether the government will accept 
     an alien under section 243(d); or
       ``(iv) the government of the foreign country of which the 
     alien is a citizen, subject, national, or resident is 
     refusing to issue any required travel or identity documents 
     to allow the alien to return to that country;
       ``(B) until the alien is removed, if the Secretary 
     certifies in writing--
       ``(i) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(ii) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(iii) based on information available to the Secretary 
     (including classified, sensitive, or other 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;
       ``(iv) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and either--

       ``(I) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)), 1 or more crimes 
     identified by the Secretary by regulation, or 1 or more 
     attempts or conspiracies to commit any such aggravated 
     felonies or such identified crimes, provided that the 
     aggregate term of

[[Page S1016]]

     imprisonment for such attempts or conspiracies is at least 5 
     years; or
       ``(II) the alien has committed 1 or more violent offenses 
     (but not including a purely political offense) and, because 
     of a mental condition or personality disorder and behavior 
     associated with that condition or disorder, the alien is 
     likely to engage in acts of violence in the future; or

       ``(v) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, and the alien has been convicted of 
     at least one aggravated felony (as defined in section 
     101(a)(43)); and
       ``(C) pending a determination under subparagraph (B), if 
     the Secretary has initiated the administrative review process 
     not later than 30 days after the expiration of the removal 
     period (including any extension of the removal period as 
     provided in paragraph (1)(C)).
       ``(10) Renewal and delegation of certification.--
       ``(A) Renewal.--The Secretary may renew a certification 
     under paragraph (9)(B)(ii) every 6 months without limitation, 
     after providing an opportunity for the alien to request 
     reconsideration of the certification and to submit documents 
     or other evidence in support of that request. If the 
     Secretary does not renew a certification, the Secretary may 
     not continue to detain the alien under paragraph (9)(B).
       ``(B) Delegation.--Notwithstanding section 103, the 
     Secretary may not delegate the authority to make or renew a 
     certification described in clause (ii), (iii), or (iv) of 
     paragraph (9)(B) to an official below the level of the 
     Director of U.S. Immigration and Customs Enforcement.
       ``(11) Release on conditions.--If the Secretary determines 
     that an alien should be released from detention, the 
     Secretary, in the exercise of discretion, may impose 
     conditions on release as provided in paragraph (3).
       ``(12) Redetention.--The Secretary, in the exercise of 
     discretion, without any limitations other than those 
     specified in this section, may again detain any alien subject 
     to a final removal order who is released from custody if the 
     alien fails to comply with the conditions of release or to 
     continue to satisfy the conditions described in paragraph 
     (8), or if, upon reconsideration, the Secretary determines 
     that the alien can be detained under paragraph (9). 
     Paragraphs (6) through (14) shall apply to any alien returned 
     to custody pursuant to this paragraph, as if the removal 
     period terminated on the day of the redetention.
       ``(13) Certain aliens who effected entry.--If an alien has 
     entered the United States, but has not been lawfully admitted 
     nor physically present in the United States continuously for 
     the 2-year period immediately preceding the commencement of 
     removal proceedings under this Act against the alien, the 
     Secretary, in the exercise of discretion, may decide not to 
     apply paragraph (8) and detain the alien without any 
     limitations except those which the Secretary shall adopt by 
     regulation.
       ``(14) Judicial review.--Without regard to the place of 
     confinement, judicial review of any action or decision 
     pursuant to paragraph (6) through (14) shall be available 
     exclusively in habeas corpus proceedings instituted in the 
     United States District Court for the District of Columbia, 
     and only if the alien has exhausted all administrative 
     remedies (statutory and regulatory) available to the alien as 
     of right.''.
       (c) Detention of Aliens During Removal Proceedings.--
       (1) In general.--Section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) is amended by adding at the 
     end the following:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section while proceedings are pending, without limitation, 
     until the alien is subject to an administratively final order 
     of removal or final grant of relief.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.
       ``(f) Judicial Review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (e) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia and only if the 
     alien has exhausted all administrative remedies (statutory 
     and nonstatutory) available to the alien as of right.''.
       (2) Conforming amendments.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended--
       (A) by redesignating subsection (e) as subsection (f);
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal or final grant of 
     relief.
       ``(2) Effect on detention under section 241.--The length of 
     detention under this section shall not affect the validity of 
     any detention under section 241.''; and
       (C) in subsection (f), as so redesignated, by adding at the 
     end the following: ``Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (e) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia, and only if the 
     alien has exhausted all administrative remedies (statutory 
     and nonstatutory) available to the alien as of right.''.
       (d) Attorney General's Discretion in Determining Countries 
     of Removal.--Section 241(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)) is amended--
       (1) in paragraph (1)(C)(iv), by striking the period at the 
     end and inserting ``, or the Attorney General decides that 
     removing the alien to such country is prejudicial to the 
     interests of the United States.''; and
       (2) in paragraph (2)(E)(vii), by inserting ``or the 
     Attorney General decides that removing the alien to 1 or more 
     of such countries is prejudicial to the interests of the 
     United States,'' after ``this subparagraph,''.
       (e) Effective Dates and Application.--
       (1) Amendments made by subsection (b).--The amendments made 
     by subsection (b) shall take effect on the date of the 
     enactment of this Act. Section 241 of the Immigration and 
     Nationality Act, as amended by subsection (b), shall apply 
     to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after the date of the enactment of this Act.
       (2) Amendments made by subsection (c).--The amendments made 
     by subsection (c) shall take effect upon the date of the 
     enactment of this Act. Sections 235 and 236 of the 
     Immigration and Nationality Act, as amended by subsection 
     (c), shall apply to any alien in detention under provisions 
     of such sections on or after the date of the enactment of 
     this Act.

     SEC. 1705. GAO STUDY ON DEATHS IN CUSTODY.

       Not later than 1 year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to Congress on the deaths in custody of 
     detainees held by the Department of Homeland Security, which 
     shall include, with respect to any such deaths--
       (1) whether such death could have been prevented by the 
     delivery of medical treatment administered while the detainee 
     was in the custody of the Department of Homeland Security;
       (2) whether Department practices and procedures were 
     properly followed and obeyed;
       (3) whether such practices and procedures are sufficient to 
     protect the health and safety of such detainees; and
       (4) whether reports of such deaths were made to the Deaths 
     in Custody Reporting Program.

     SEC. 1706. GAO STUDY ON MIGRANT DEATHS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the Committee on the Judiciary of the Senate, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, the Committee on the Judiciary of the House of 
     Representatives, and the Committee on Homeland Security of 
     the House of Representatives a report that describes--
       (1) the total number of migrant deaths along the southern 
     border during the previous 7 years;
       (2) the total number of unidentified deceased migrants 
     found along the southern border in the previous 7 years;
       (3) the level of cooperation between U.S. Customs and 
     Border Protection, State and local law enforcement agencies, 
     foreign diplomatic and consular posts, nongovernmental 
     organizations, and family members to accurately identify 
     deceased individuals;
       (4) the use of DNA testing and sharing of such data between 
     U.S. Customs and Border Protection, State and local law 
     enforcement agencies, foreign diplomatic and consular posts, 
     and nongovernmental organizations to accurately identify 
     deceased individuals;
       (5) the comparison of DNA data with information on Federal, 
     State, and local missing person registries; and
       (6) the procedures and processes U.S. Customs and Border 
     Protection has in place for notification of relevant 
     authorities or family members after missing persons are 
     identified through DNA testing.

     SEC. 1707. STATUTE OF LIMITATIONS FOR VISA, NATURALIZATION, 
                   AND OTHER FRAUD OFFENSES INVOLVING WAR CRIMES, 
                   CRIMES AGAINST HUMANITY, OR HUMAN RIGHTS 
                   VIOLATIONS.

       (a) Statute of Limitations for Visa Fraud and Other 
     Offenses.--Chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 3302. Fraud in connection with certain human rights 
       violations, crimes against humanity, or war crimes

       ``(a) In General.--No person shall be prosecuted, tried, or 
     punished for violation of any provision of section 1001, 
     1015, 1425, 1546, 1621, or 3291, or for attempt or conspiracy 
     to violate any provision of such sections, if the fraudulent 
     conduct, misrepresentation, concealment, or fraudulent, 
     fictitious, or false statement concerns the alleged 
     offender's--
       ``(1) participation, at any time, at any place, and 
     irrespective of the nationality of the alleged offender or 
     any victim, in a human rights violation, crime against 
     humanity, or war crime; or
       ``(2) membership in, service in, or authority over a 
     military, paramilitary, or law enforcement organization that 
     participated in

[[Page S1017]]

     such conduct during any part of any period in which the 
     alleged offender was a member of, served in, or had authority 
     over the organization, unless the indictment is found or the 
     information is instituted within 20 years after the 
     commission of the offense.
       ``(b) Definitions.--In this section--
       ``(1) the term `extrajudicial killing under color of law' 
     means conduct described in section 212(a)(3)(E)(iii) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(E)(iii));
       ``(2) the term `female genital mutilation' means conduct 
     described in section 116;
       ``(3) the term `genocide' means conduct described in 
     section 1091(a);
       ``(4) the term `human rights violation or war crime' means 
     genocide, incitement to genocide, war crimes, torture, female 
     genital mutilation, extrajudicial killing under color of law, 
     persecution, particularly severe violations of religious 
     freedom, the use or recruitment of child soldiers, or other 
     serious violation of human rights;
       ``(5) the term `incitement to genocide' means conduct 
     described in section 1091(c);
       ``(6) the term `particularly severe violation of religious 
     freedom' means conduct described in section 3(3) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6402(13));
       ``(7) the term `persecution' means conduct that is a bar to 
     relief under section 208(b)(2)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)(A)(i));
       ``(8) the term `torture' means conduct described in 
     paragraphs (1) and (2) of section 2340;
       ``(9) the term `use or recruitment of child soldiers' means 
     conduct described in subsections (a) and (d) of section 2442;
       ``(10) the term `war crimes' means conduct described in 
     subsections (c) and (d) of section 2441; and
       ``(11) the term `crimes against humanity' means conduct 
     described in section 212(a)(3)(E)(iii) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(iii)).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     213 of title 18, United States Code, is amended by adding at 
     the end the following:

``3302. Fraud in connection with certain human rights violations, 
              crimes against humanity, or war crimes.''.
       (c) Application.--The amendments made by this section shall 
     apply to fraudulent conduct, misrepresentations, 
     concealments, and fraudulent, fictitious, or false statements 
     made or committed before, on, or after the date of enactment 
     of this Act.

     SEC. 1708. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC 
                   SAFETY.

       (a) In General.--Section 3142(e) of title 18, United States 
     Code, is amended to read as follows:
       ``(e) Detention.--
       ``(1) In general.--If, after a hearing pursuant to the 
     provisions of subsection (f), the judicial officer finds that 
     no condition or combination of conditions will reasonably 
     assure the appearance of the person as required and the 
     safety of any other person and the community, such judicial 
     officer shall order the detention of the person before trial.
       ``(2) Presumption arising from offenses described in 
     subsection (f)(1).--In a case described in subsection (f)(1), 
     a rebuttable presumption arises that no condition or 
     combination of conditions will reasonably assure the safety 
     of any other person and the community if the judicial officer 
     finds that--
       ``(A) the person has been convicted of a Federal offense 
     that is described in subsection (f)(1), or of a State or 
     local offense that would have been an offense described in 
     subsection (f)(1) if a circumstance giving rise to Federal 
     jurisdiction had existed;
       ``(B) the offense described in subparagraph (A) was 
     committed while the person was on release pending trial for a 
     Federal, State, or local offense; and
       ``(C) not more than 5 years has elapsed since the later of 
     the date of conviction or the date of the release of the 
     person from imprisonment for the offense described in 
     subparagraph (A).
       ``(3) Presumption arising from other offenses involving 
     illegal substances, firearms, violence, or minors.--Subject 
     to rebuttal by the person, it shall be presumed that no 
     condition or combination of conditions will reasonably assure 
     the appearance of the person as required and the safety of 
     the community if the judicial officer finds that there is 
     probable cause to believe that the person committed--
       ``(A) an offense for which a maximum term of imprisonment 
     of 10 years or more is prescribed in the Controlled 
     Substances Act (21 U.S.C. 801 et seq.), the Controlled 
     Substances Import and Export Act (21 U.S.C. 951 et seq.), or 
     chapter 705 of title 46;
       ``(B) an offense under section 924(c), 956(a), or 2332b;
       ``(C) an offense listed in section 2332b(g)(5)(B) for which 
     a maximum term of imprisonment of 10 years or more is 
     prescribed; or
       ``(D) an offense involving a minor victim under section 
     1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 
     2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 
     2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425.
       ``(4) Presumption arising from offenses relating to 
     immigration law.--Subject to rebuttal by the person, it shall 
     be presumed that no condition or combination of conditions 
     will reasonably assure the appearance of the person as 
     required if the judicial officer finds that there is probable 
     cause to believe that the person is an alien and that the 
     person--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) is the subject of a final order of removal; or
       ``(C) has committed a felony offense under section 
     842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426, 
     or chapter 75 or 77, or section 243, 274, 275, 276, 277, or 
     278 of the Immigration and Nationality Act (8 U.S.C. 1253, 
     1324, 1325, 1326, 1327, 1328).''.
       (b) Immigration Status as Factor in Determining Conditions 
     of Release.--Section 3142(g)(3) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following:
       ``(C) whether the person is in a lawful immigration status, 
     has previously entered the United States illegally, has 
     previously been removed from the United States, or has 
     otherwise violated the conditions of his or her lawful 
     immigration status; and''.

     SEC. 1709. RECRUITMENT OF PERSONS TO PARTICIPATE IN 
                   TERRORISM.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by inserting after section 2332b the 
     following:

     ``Sec. 2332c. Recruitment of persons to participate in 
       terrorism

       ``(a) Offenses.--
       ``(1) In general.--It shall be unlawful for any person to 
     employ, solicit, induce, command, or cause another person to 
     commit an act of domestic terrorism or international 
     terrorism or a Federal crime of terrorism, with the intent 
     that the other person commit such act or crime of terrorism.
       ``(2) Attempt and conspiracy.--It shall be unlawful for any 
     person to attempt or conspire to commit an offense under 
     paragraph (1).
       ``(b) Penalties.--Any person who violates subsection (a)--
       ``(1) in the case of an attempt or conspiracy, shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both;
       ``(2) if death of an individual results, shall be fined 
     under this title, punished by death or imprisoned for any 
     term of years or for life, or both;
       ``(3) if serious bodily injury to any individual results, 
     shall be fined under this title, imprisoned not less than 10 
     years nor more than 25 years, or both; and
       ``(4) in any other case, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed or applied to abridge the exercise of rights 
     guaranteed under the First Amendment to the Constitution of 
     the United States.
       ``(d) Lack of Consummated Terrorist Act Not a Defense.--It 
     is not a defense under this section that the act of domestic 
     terrorism or international terrorism or Federal crime of 
     terrorism that is the object of the employment, solicitation, 
     inducement, commanding, or causing has not been carried out.
       ``(e) Definitions.--In this section--
       ``(1) the term `Federal crime of terrorism' has the meaning 
     given that term in section 2332b; and
       ``(2) the term `serious bodily injury' has the meaning 
     given that term in section 1365(h).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     113B of title 18, United States Code, is amended by inserting 
     after the item relating to section 2332b the following:

``2332c. Recruitment of persons to participate in terrorism.''.

     SEC. 1710. BARRING AND REMOVING PERSECUTORS, WAR CRIMINALS, 
                   AND PARTICIPANTS IN CRIMES AGAINST HUMANITY 
                   FROM THE UNITED STATES.

       (a) Inadmissibility of Persecutors, War Criminals, and 
     Participants in Crimes Against Humanity.--Section 
     212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(E)) is amended--
       (1) by striking the subparagraph heading and inserting 
     ``Participants in persecution (including nazi persecutions), 
     genocide, war crimes, crimes against humanity, or the 
     commission of any act of torture or extrajudicial killing.--
     '';
       (2) in clause (iii)(II)--
       (A) by striking ``of any foreign nation'' and inserting 
     ``(including acts taken as part of an armed group exercising 
     de facto authority)''; and
       (3) by adding after clause (iii) the following:
       ``(iv) Persecutors, war criminals, and participants in 
     crimes against humanity.--Any alien, including an alien who 
     has or had superior responsibility, who committed, ordered, 
     incited, assisted, or otherwise participated in a war crime 
     (as defined in section 2441(c) of title 18, United States 
     Code) or a crime against humanity, or in the persecution of 
     any person on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion, is inadmissible.
       ``(v) Crime against humanity defined.--In this 
     subparagraph, the term `crime against humanity' means conduct 
     that is part of a widespread or systematic attack targeting 
     any civilian population, with knowledge that the conduct was 
     part of the attack or with the intent that the conduct be 
     part of the attack--

       ``(I) that, if such conduct occurred in the United States 
     or in the special maritime and territorial jurisdiction of 
     the United States, would violate--

[[Page S1018]]

       ``(aa) section 1111 of title 18, United States Code 
     (relating to murder);
       ``(bb) section 1201(a) of such title (relating to 
     kidnapping);
       ``(cc) section 1203(a) of such title (relating to hostage 
     taking), notwithstanding any exception under subsection (b) 
     of such section 1203;
       ``(dd) section 1581(a) of such title (relating to peonage);
       ``(ee) section 1583(a)(1) of such title (relating to 
     kidnapping or carrying away individuals for involuntary 
     servitude or slavery);
       ``(ff) section 1584(a) of such title (relating to sale into 
     involuntary servitude);
       ``(gg) section 1589(a) of such title (relating to forced 
     labor);
       ``(hh) section 1590(a) of such title (relating to 
     trafficking with respect to peonage, slavery, involuntary 
     servitude, or forced labor);
       ``(ii) section 1591(a) of such title (relating to sex 
     trafficking of children or by force, fraud, or coercion);
       ``(jj) section 2241(a) of such title (relating to 
     aggravated sexual abuse by force or threat); or
       ``(kk) section 2242 of such title (relating to sexual 
     abuse);

       ``(II) that would constitute torture (as defined in section 
     2340(1) of such title);
       ``(III) that would constitute cruel or inhuman treatment, 
     as described in section 2441(d)(1)(B) of such title;
       ``(IV) that would constitute performing biological 
     experiments, as described in section 2441(d)(1)(C) of such 
     title;
       ``(V) that would constitute mutilation or maiming, as 
     described in section 2441(d)(1)(E) of such title; or
       ``(VI) that would constitute intentionally causing serious 
     bodily injury, as described in section 2441(d)(1)(F) of such 
     title.

       ``(vi) Definitions.--In this subparagraph--

       ``(I) the term `superior responsibility' means--

       ``(aa) a leader, a member of a military, or a person with 
     effective control of military forces, or a person with de 
     facto or de jure control of an armed group;
       ``(bb) who knew or should have known that a subordinate or 
     someone under his or her de facto or de jure control is 
     committing acts described in subsection (a), is about to 
     commit such acts, or had committed such acts; and
       ``(cc) who fails to take the necessary and reasonable 
     measures to prevent such acts or, for acts that have been 
     committed, to punish the perpetrators of such acts;

       ``(II) the term `systematic' means the commission of a 
     series of acts following a regular pattern and occurring in 
     an organized, non-random manner; and
       ``(III) the term `widespread' means a single, large scale 
     act or a series of acts directed against a substantial number 
     of victims.''.

       (b) Removal of Persecutors.--Section 237(a)(4)(D) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(D)) is 
     amended--
       (1) in the subparagraph heading, by striking ``Nazi''; and
       (2) by striking ``or (iii)'' and inserting ``(iii), or 
     (iv)''.
       (c) Severe Violations of Religious Freedom.--Section 
     212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(2)(G) is amended--
       (1) in the subparagraph heading, by striking ``Foreign 
     government officials'' and inserting ``Any persons''; and
       (2) by striking ``, while serving as a foreign government 
     official,''.
       (d) Barring Persecutors From Establishing Good Moral 
     Character.--Section 101(f) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(f)) is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking ``killings) or 
     212(a)(2)(G) (relating to severe violations of religious 
     freedom).'' and inserting ``killings), 212(a)(2)(G) (relating 
     to severe violations of religious freedom), or 212(a)(3)(G) 
     (relating to recruitment and use of child soldiers); or''; 
     and
       (3) by inserting after paragraph (9) the following:
       ``(10) one who at any time committed, ordered, incited, 
     assisted, or otherwise participated in a war crime (as 
     defined in section 2441(c) of title 18, United States Code), 
     a crime against humanity, or the persecution of any person on 
     account of race, religion, nationality, membership in a 
     particular social group, or political opinion.''.
       (e) Increasing Criminal Penalties for Anyone Who Aids and 
     Abets the Entry of a Persecutor.--Section 277 of the 
     Immigration and Nationality Act (8 U.S.C. 1327) is amended by 
     striking ``(other than subparagraph (E) thereof)''.
       (f) Increasing Criminal Penalties for Female Genital 
     Mutilation.--Section 116 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``shall be fined under 
     this title or imprisoned not more than 5 years, or both'' and 
     inserting ``has engaged in a violent crime against children 
     under section 3559(f)(3), shall be imprisoned for life or for 
     10 years or longer''; and
       (2) in subsection (d), by striking ``shall be fined under 
     this title or imprisoned not more than 5 years, or both.'' 
     and inserting ``shall be imprisoned for life or for 10 years 
     or longer.''.
       (g) Technical Amendments.--The Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(42) (8 U.S.C. 1101(a)(42)), by 
     inserting ``committed,'' before ``ordered'';
       (2) in section 208(b)(2)(A)(i) (8 U.S.C. 1158(b)(2)(A)(i)), 
     by inserting ``committed,'' before ``ordered''; and
       (3) in section 241(b)(3)(B)(i) (8 U.S.C. 1231(b)(3)(B)(i)), 
     by inserting ``committed,'' before ``ordered''.
       (h) Application.--The amendments made by this section shall 
     apply to any offense committed before, on, or after the date 
     of the enactment of this Act.

     SEC. 1711. CHILD SOLDIER RECRUITMENT INELIGIBILITY TECHNICAL 
                   CORRECTION.

       Section 212(a)(3)(G) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(3)(G)) is amended by striking ``section 
     2442'' and inserting ``section 2442(a)''.

     SEC. 1712. GANG MEMBERSHIP, REMOVAL, AND INCREASED CRIMINAL 
                   PENALTIES RELATED TO GANG VIOLENCE.

       (a) Definition of Criminal Gang.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by inserting after paragraph (52) the following:
       ``(53)(A) The term `criminal gang' means any ongoing group, 
     club, organization, or association, inside or outside the 
     United States, of 2 or more persons that--
       ``(i) has, as 1 of its primary purposes, the commission of 
     1 or more of the criminal offenses described in subparagraph 
     (B) and the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of such offenses; or
       ``(ii) has been designated as a criminal gang by the 
     Secretary, in consultation with the Secretary of State and 
     the Attorney General, as meeting the criteria set forth in 
     clause (i).
       ``(B) The offenses described in this subparagraph, whether 
     in violation of Federal or State law or the law of a foreign 
     country and regardless of whether the offenses occurred 
     before, on, or after the date of the enactment of the SECURE 
     and SUCCEED Act, are the following:
       ``(i) Any aggravated felony.
       ``(ii) A felony drug offense (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(iii) Any criminal offense described in section 212 or 
     237.
       ``(iv) An offense involving illicit trafficking in a 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act (21 U.S.C. 802)), including a drug 
     trafficking crime (as defined in section 924(c) of title 18, 
     United States Code).
       ``(v) 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).
       ``(vi) 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.
       ``(vii) 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.
       ``(viii) An offense involving obstruction of justice or 
     tampering with or retaliating against a witness, victim, or 
     informant.
       ``(ix) Any conduct punishable under section 1028 or 1029 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification documents or 
     access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property).
       ``(x) A conspiracy or attempt to commit an offense 
     described in clauses (i) through (v).
       ``(C) Notwithstanding any other provision of law (including 
     any effective date), a group, club, organization, or 
     association shall be considered a criminal gang regardless of 
     whether the conduct occurred before, on, or after the date of 
     the enactment of the SECURE and SUCCEED Act.''.
       (b) 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.--
       ``(i) In general.--Any alien who a consular officer, the 
     Secretary, or the Attorney General knows or has reasonable 
     ground to believe--

       ``(I) to be or to have been a member of a criminal gang; or
       ``(II) to have participated in the activities of a criminal 
     gang, knowing or having reason to know that such activities 
     promoted or will promote, further, aid, or support the 
     illegal activity of the criminal gang,

     is inadmissible.
       ``(ii) Exception.--Clause (i) shall not apply to an alien 
     who did not know, or should not reasonably have known, of the 
     activity causing the alien to be found inadmissible under 
     this section.''.
       (c) Designation of Criminal Gangs.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:

[[Page S1019]]

  


     ``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

       ``(a) In General.--The Secretary, in consultation with the 
     Attorney General, and the Secretary of State, may designate a 
     group or association as a criminal gang if their conduct is 
     described in section 101(a)(53) or if the group's or 
     association's conduct poses a significant risk that threatens 
     the security and the public safety of United States nationals 
     or the national security, homeland security, or economy of 
     the United States.
       ``(b) Effective Date.--A designation under subsection (a) 
     shall remain in effect until the designation is revoked, 
     after consultation between the Secretary, the Attorney 
     General, and the Secretary of State, or is terminated in 
     accordance with Federal law.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     inserting after the item relating to section 219 the 
     following:

``220. Designation of criminal gangs.''
       (d) 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.--
       ``(i) In general.--Any alien who the Secretary or the 
     Attorney General knows or has reason to believe--

       ``(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,

     is deportable.
       ``(ii) Exception.--Clause (i) shall not apply to an alien--

       ``(I) who did not know, or should not reasonably have 
     known, of the activity causing the alien to be found 
     deportable under this section; or
       ``(II) whom the Secretary or the Attorney General has 
     reasonable grounds to believe has renounced the activity 
     causing the alien to be found deportable under this 
     section.''.

       (e) Cancellation of Removal.--Section 240A(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(c)) is 
     amended by adding at the end the following:
       ``(7) An alien who is described in section 212(a)(2)(J)(i) 
     or section 237(a)(2)(G)(i) (relating to participation in 
     criminal gangs).''.
       (f) Voluntary Departure.--Section 240B(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1229c(c)) is 
     amended to read as follows:
       ``(c) Limitation on Voluntary Departure.--The Attorney 
     General shall not permit an alien to depart voluntarily under 
     this section if the alien--
       ``(1) was previously permitted to depart voluntarily after 
     having been found inadmissible under section 212(a)(6)(A); or
       ``(2) is described in section 212(a)(2)(J)(i) or 
     237(a)(2)(G)(i) (relating to participation in criminal 
     gangs).''.
       (g) 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. 1231(b)(3)(B)) is amended in the 
     matter preceding clause (i) by inserting ``who is described 
     in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who 
     is'' after ``to an alien''.
       (2) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
     amended--
       (A) in clause (v), by striking ``or'' at the end;
       (B) by redesignating clause (vi) as clause (vii);
       (C) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     section 237(a)(2)(G)(i) (relating to participation in 
     criminal gangs); or''; and
       (D) by amending clause (vii), as redesignated, to read as 
     follows:
       ``(vii) the alien was firmly resettled in another country 
     in any legal status prior to arriving in the United 
     States.''.
       (h) Good Moral Character Bar for Criminal Gang Members.--
     Section 101(f) of the Immigration and Nationality Act (8 
     U.S.C. 1101(f)), as amended by section 1710(d), 1713(d), and 
     1822(a) of this Act, is further amended by inserting after 
     paragraph (10) the following:
       ``(11) is a member of 1 or more classes of persons 
     described in section 212(a)(2)(J) or 237(a)(2)(G) and has 
     been convicted of any offense described in section 
     101(a)(43), 212(a)(2), or 237(a)(2); or''.
       (i) Annual Report on Detention of Criminal Gang Members.--
     Not later than March 1 of the first calendar year beginning 
     at least 1 year after the date of the enactment of this Act, 
     and annually thereafter, the Secretary of Homeland Security, 
     after consultation with the heads of appropriate Federal 
     agencies, 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 identifies the number of aliens detained described in 
     sections 212(a)(2)(J) and section 237(a)(2)(G) of the 
     Immigration and Nationality Act, as added by subsections (b) 
     and (d).
       (j) Effective Date and Application.--The amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act and shall apply to acts that occur before, on, or 
     after the date of the enactment of this Act.

     SEC. 1713. BARRING AGGRAVATED FELONS, BORDER CHECKPOINT 
                   RUNNERS, AND SEX OFFENDERS FROM ADMISSION TO 
                   THE UNITED STATES.

       (a) Inadmissibility on Criminal and Related Grounds; 
     Waivers.--Section 212 of the Immigration and Nationality Act 
     (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I), by striking ``, or'' at the end and 
     inserting a semicolon;
       (ii) in subclause (II), by striking the comma at the end 
     and inserting ``; or''; and
       (iii) by inserting after subclause (II) the following:

       ``(III) a violation of (or a conspiracy or attempt to 
     violate) any statute relating to section 208 of the Social 
     Security Act (42 U.S.C. 408) (relating to social security 
     account numbers or social security cards) or section 1028 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification documents, 
     authentication features, and information)''; and

       (B) by inserting after subparagraph (K), as added by 
     section 1713(b) of this Act, the following:
       ``(L) Citizenship fraud.--Any alien convicted of, or who 
     admits having committed, or who admits committing acts which 
     constitute the essential elements of, a violation of, or an 
     attempt or a conspiracy to violate, subsection (a) or (b) of 
     section 1425 of title 18, United States Code (relating to the 
     procurement of citizenship or naturalization unlawfully), is 
     inadmissible.
       ``(M) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, admits having committed, 
     or admits committing acts which constitute the essential 
     elements of, any law relating to, purchasing, selling, 
     offering for sale, exchanging, using, owning, possessing, or 
     carrying, or of attempting or conspiring to purchase, sell, 
     offer for sale, exchange, use, own, possess, or carry, any 
     weapon, part, or accessory which is a firearm or destructive 
     device (as defined in section 921(a) of title 18, United 
     States Code) in violation of any law, is inadmissible. For 
     purposes of this subparagraph the term `any law' includes 
     State laws that do not contain an exception for antique 
     firearms. If the State law does not contain an exception for 
     antique firearms, the Secretary or the Attorney General may 
     consider documentary evidence related to the conviction, 
     including, but not limited to, charging documents, plea 
     agreements, plea colloquies, jury instructions, and police 
     reports, to establish that the offense involved at least 1 
     firearm that is not an antique firearm.
       ``(N) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(O) High speed flight.--Any alien who has been convicted 
     of a violation of section 758 of title 18, United States Code 
     (relating to high speed flight from an immigration 
     checkpoint) is inadmissible.
       ``(P) Failure to register as a sex offender.--Any alien 
     convicted under section 2250 of title 18, United States Code, 
     is inadmissible.
       ``(Q) Crimes of domestic violence, stalking, or violation 
     of protection orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Except 
     as provided in subsection (v), any alien who at any time is 
     or has been convicted of a crime involving the use or 
     attempted use of physical force, or threatened use of a 
     deadly weapon, a crime of domestic violence, a crime of 
     stalking, or a crime of child abuse, child neglect, or child 
     abandonment is inadmissible. For purposes of this clause, the 
     term `crime of domestic violence' has the meaning given the 
     term in section 237(a)(2)(E)(i).
       ``(ii) Violators of protection orders.--Except as provided 
     in subsection (v), any alien who at any time is or has been 
     enjoined under a protection order issued by a court and whom 
     the court determines has engaged in conduct that violates the 
     portion of a protection order that involves protection 
     against credible threats of violence, repeated harassment, or 
     bodily injury to the person or persons for whom the 
     protection order was issued is inadmissible. For purposes of 
     this clause, the term `protection order' has the meaning 
     given the term in section 237(a)(2)(E)(ii).'';
       (2) in subsection (h)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by redesignating clauses (i), 
     (ii), and (iii) as subclauses (I), (II), and (III), 
     respectively;
       (ii) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively;
       (B) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (C) in the matter preceding subparagraph (A), as 
     redesignated and as amended by section 1713(e) of this Act--
       (i) by inserting ``(1)'' before ``The Attorney General''; 
     and
       (ii) by striking ``, and (K)'', and inserting ``(K), and 
     (M)'';
       (D) in the matter following subparagraph (B), as 
     redesignated--
       (i) by striking the first 2 sentences and inserting the 
     following:
       ``(2) A waiver may not be provided under this subsection to 
     an alien--

[[Page S1020]]

       ``(A) who has been convicted of (or who has admitted 
     committing acts that constitute)--
       ``(i) murder or criminal acts of torture; or
       ``(ii) an attempt or conspiracy to commit murder or a 
     criminal act involving torture;
       ``(B) who has been convicted of an aggravated felony; or
       ``(C) who has been lawfully admitted for permanent 
     residence and who since the date of such admission has not 
     lawfully resided continuously in the United States for at 
     least 7 years immediately preceding the date on which 
     proceedings were initiated to remove the alien from the 
     United States.''; and
       (ii) by striking ``No court'' and inserting the following:
       ``(3) No court'';
       (3) by redesignating subsection (t), as added by section 
     1(b)(2)(B) of Public Law 108-449, as subsection (u); and
       (4) by adding at the end the following:
       ``(v) Waiver for Victims of Domestic Violence.--
       ``(1) In general.--The Secretary or the Attorney General is 
     not limited by the criminal court record and may waive the 
     application of subsection (a)(2)(Q)(i) (with respect to 
     crimes of domestic violence and crimes of stalking) and 
     subsection (a)(2)(Q)(ii), in the case of an alien who has 
     been battered or subjected to extreme cruelty and who is not 
     and was not the primary perpetrator of violence in the 
     relationship, upon a determination that--
       ``(A) the alien was acting in self-defense;
       ``(B) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(C) the alien committed or was convicted of committing a 
     crime--
       ``(i) that did not result in serious bodily injury; and
       ``(ii) where there was a connection between the crime and 
     the alien's having been battered or subjected to extreme 
     cruelty.
       ``(2) Credible evidence considered.--In acting on 
     applications for a waiver under this subsection, the 
     Secretary or the Attorney General shall consider any credible 
     evidence relevant to the application. The determination of 
     what evidence is credible and the weight to be given that 
     evidence shall be within the sole discretion of the Secretary 
     or the Attorney General.''.
       (b) Deportability; Criminal Offenses.--Section 237(a)(2) of 
     the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
     amended by sections 1712(c) and 1713(c) of this Act, is 
     further amended by adding at the end the following:
       ``(I) Identification fraud.--Any alien who is convicted of 
     a violation of (or a conspiracy or attempt to violate) an 
     offense relating to section 208 of the Social Security Act 
     (42 U.S.C. 408) (relating to social security account numbers 
     or social security cards) or section 1028 of title 18, United 
     States Code (relating to fraud and related activity in 
     connection with identification) is deportable.''.
       (c) Deportability; Criminal Offenses.--Section 237(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(3)(B)) is amended--
       (1) in clause (i), by striking the comma at the end and 
     inserting a semicolon;
       (2) in clause (ii), by striking ``, or'' at the end and 
     inserting a semicolon;
       (3) in clause (iii), by striking the comma at the end and 
     inserting ``; or''; and
       (4) by inserting after clause (iii) the following:
       ``(iv) of a violation of, or an attempt or a conspiracy to 
     violate, subsection (a) or (b) of section 1425 of title 18, 
     United States Code (relating to the unlawful procurement of 
     citizenship or naturalization),''.
       (d) Applicability.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act;
       (2) all aliens who are required to establish admissibility 
     on or after such date of enactment; and
       (3) all removal, deportation, or exclusion proceedings that 
     are filed, pending, or reopened, on or after such date of 
     enactment.
       (e) Rule of Construction.--The amendments made by this 
     section may not be construed to create eligibility for relief 
     from removal under section 212(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(c)), as in effect on the day 
     before the date of the enactment of this Act, if such 
     eligibility did not exist before such date of enactment.

     SEC. 1714. PROTECTING IMMIGRANTS FROM CONVICTED SEX 
                   OFFENDERS.

       (a) Immigrants.--Section 204(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
       (1) in subparagraph (A), by amending clause (viii) to read 
     as follows:
       ``(viii) Clause (i) shall not apply to a citizen of the 
     United States who has been convicted of an offense described 
     in subparagraph (A), (I), or (K) of section 101(a)(43) or a 
     specified offense against a minor (as defined in section 
     111(7) of the Adam Walsh Child Protection and Safety Act of 
     2006 (34 U.S.C. 20911(7))) unless the Secretary, in the 
     Secretary's sole and unreviewable discretion, determines that 
     the citizen poses no risk to the alien with respect to whom a 
     petition described in clause (i) is filed.''; and
       (2) in subparagraph (B)(i)--
       (A) by redesignating the second subclause (I) as subclause 
     (II); and
       (B) by amending such subclause (II) to read as follows:
       ``(II) Subclause (I) shall not apply to an alien lawfully 
     admitted for permanent residence who has been convicted of an 
     offense described in subparagraph (A), (I), or (K) of section 
     101(a)(43) or a specified offense against a minor as defined 
     in section 111(7) of the Adam Walsh Child Protection and 
     Safety Act of 2006 (34 U.S.C. 20911(7)) unless the Secretary, 
     in the Secretary's sole and unreviewable discretion, 
     determines that the alien lawfully admitted for permanent 
     residence poses no risk to the alien with respect to whom a 
     petition described in subclause (I) is filed.''.
       (b) Nonimmigrants.--Section 101(a)(15)(K) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is 
     amended by striking ``204(a)(1)(A)(viii)(I))'' each place it 
     appears and inserting ``204(a)(1)(A)(viii))''.
       (c) Effective Date and Application.--The amendments made by 
     this section shall take effect on the date of the enactment 
     of this Act and shall apply to petitions filed on or after 
     such date.

     SEC. 1715. ENHANCED CRIMINAL PENALTIES FOR HIGH SPEED FLIGHT.

       (a) In General.--Section 758 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 758. Unlawful flight from immigration or customs 
       controls

       ``(a) Evading a Checkpoint.--Any person who, while 
     operating a motor vehicle or vessel, knowingly flees or 
     evades a checkpoint operated by the Department of Homeland 
     Security or any other Federal law enforcement agency, and 
     then knowingly or recklessly disregards or disobeys the 
     lawful command of any law enforcement agent, shall be fined 
     under this title, imprisoned not more than 5 years, or both.
       ``(b) Failure to Stop.--Any person who, while operating a 
     motor vehicle, aircraft, or vessel, knowingly or recklessly 
     disregards or disobeys the lawful command of an officer of 
     the Department of Homeland Security engaged in the 
     enforcement of the immigration, customs, or maritime laws, or 
     the lawful command of any law enforcement agent assisting 
     such officer, shall be fined under this title, imprisoned not 
     more than 2 years, or both.
       ``(c) Alternative Penalties.--Notwithstanding the penalties 
     provided in subsection (a) or (b), any person who violates 
     such subsection--
       ``(1) shall be fined under this title, imprisoned not more 
     than 10 years, or both, if the violation involved the 
     operation of a motor vehicle, aircraft, or vessel--
       ``(A) in excess of the applicable or posted speed limit;
       ``(B) in excess of the rated capacity of the motor vehicle, 
     aircraft, or vessel; or
       ``(C) in an otherwise dangerous or reckless manner;
       ``(2) shall be fined under this title, imprisoned not more 
     than 20 years, or both, if the violation created a 
     substantial and foreseeable risk of serious bodily injury or 
     death to any person;
       ``(3) shall be fined under this title, imprisoned not more 
     than 30 years, or both, if the violation caused serious 
     bodily injury to any person; or
       ``(4) shall be fined under this title, imprisoned for any 
     term of years or life, or both, if the violation resulted in 
     the death of any person.
       ``(d) Attempt and Conspiracy.--Any person who attempts or 
     conspires to commit any offense under this section shall be 
     punished in the same manner as a person who completes the 
     offense.
       ``(e) Forfeiture.--Any property, real or personal, 
     constituting or traceable to the gross proceeds of the 
     offense and any property, real or personal, used or intended 
     to be used to commit or facilitate the commission of the 
     offense shall be subject to forfeiture.
       ``(f) Forfeiture Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 (relating to civil forfeitures), including section 
     981(d), except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     that section shall be performed by such officers, agents, and 
     other persons as may be designated for that purpose by the 
     Secretary of Homeland Security or the Attorney General. 
     Nothing in this section may be construed to limit the 
     authority of the Secretary of Homeland Security to seize and 
     forfeit motor vehicles, aircraft, or vessels under the 
     customs laws or any other laws of the United States.
       ``(g) Definitions.--For purposes of this section--
       ``(1) the term `checkpoint' includes any customs or 
     immigration inspection at a port of entry or immigration 
     inspection at a U.S. Border Patrol checkpoint;
       ``(2) the term `law enforcement agent' means--
       ``(A) any Federal, State, local or tribal official 
     authorized to enforce criminal law; and
       ``(B) when conveying a command described in subsection (b), 
     an air traffic controller;
       ``(3) the term `lawful command' includes a command to stop, 
     decrease speed, alter course, or land, whether communicated 
     orally, visually, by means of lights or sirens, or by radio, 
     telephone, or other communication;
       ``(4) the term `motor vehicle' means any motorized or self-
     propelled means of terrestrial transportation; and
       ``(5) the term `serious bodily injury' has the meaning 
     given in section 2119(2).''.
       (b) Clerical Amendment.--The table of sections for chapter 
     35 of title 18, United States Code, is amended by striking 
     the item relating to section 758 and inserting the following:


[[Page S1021]]


``758. Unlawful flight from immigration or customs controls.''.
       (c) Rule of Construction.--The amendments made by 
     subsection (a) may not be construed to create eligibility for 
     relief from removal under section 212(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(c)), as in effect on the 
     day before the date of the enactment of this Act, if such 
     eligibility did not exist before such date of enactment.

     SEC. 1716. PROHIBITION ON ASYLUM AND CANCELLATION OF REMOVAL 
                   FOR TERRORISTS.

       (a) Asylum.--Section 208(b)(2)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(b)(2)(A)), as amended by 
     1712(f) of this Act, is further amended--
       (1) by inserting ``or the Secretary'' after ``if the 
     Attorney General''; and
       (2) by amending clause (v) to read as follows:
       ``(v) the alien is described in subparagraph (B)(i) or (F) 
     of section 212(a)(3), unless, in the case of an alien 
     described in section 212(a)(3)(B)(i)(IX), the Secretary or 
     the Attorney General determines, in his or her sole and 
     unreviewable discretion, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States;''.
       (b) Cancellation of Removal.--Section 240A(c)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(c)(4)) is 
     amended--
       (1) by striking ``inadmissible under'' and inserting 
     ``described in''; and
       (2) by striking ``deportable under'' and inserting 
     ``described in''.
       (c) Restriction on Removal.--
       (1) In general.--Section 241(b)(3)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(b)(3)(A)) is amended--
       (A) by inserting ``or the Secretary'' after ``Attorney 
     General'' both places it appears;
       (B) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(i) In general.--Notwithstanding''; and
       (C) by adding at the end the following:
       ``(ii) Burden of proof.--The alien has the burden of proof 
     to establish that the alien's life or freedom would be 
     threatened in such country, and that race, religion, 
     nationality, membership in a particular social group, or 
     political opinion would be at least 1 central reason for such 
     threat.''.
       (2) Exception.--Section 241(b)(3)(B) of such Act (8 U.S.C. 
     1231(b)(3)(B)) is amended--
       (A) by inserting ``or the Secretary'' after ``Attorney 
     General'' both places it appears;
       (B) in clause (iii), striking ``or'' at the end;
       (C) in clause (iv), striking the period at the end and 
     inserting a semicolon;
       (D) inserting after clause (iv) the following:
       ``(v) the alien is described in subparagraph (B)(i) or (F) 
     of section 212(a)(3)(B), unless, in the case of an alien 
     described in section 212(a)(3)(B)(i)(IX), the Secretary or 
     the Attorney General determines, in his or her sole and 
     unreviewable discretion, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States; or
       ``(vi) the alien is convicted of an aggravated felony.''; 
     and
       (E) by striking the undesignated matter at the end.
       (3) Sustaining burden of proof; credibility 
     determinations.--Section 241(b)(3)(C) of such Act (8 U.S.C. 
     1231(b)(3)(C)) is amended by striking ``In determining 
     whether an alien has demonstrated that the alien's life or 
     freedom would be threatened for a reason described in 
     subparagraph (A),'' and inserting ``For purposes of this 
     paragraph,''.
       (4) Effective date and application.--The amendments made by 
     paragraphs (1) and (2) shall take effect as if enacted on May 
     11, 2005, and shall apply to applications for withholding of 
     removal made on or after such date.
       (d) Effective Dates; Applications.--Except as provided in 
     subsection (c)(4), the amendments made by this section shall 
     take effect on the date of the enactment of this Act and 
     sections 208(b)(2)(A), 240A(c), and 241(b)(3) of the 
     Immigration and Nationality Act, as amended by this section, 
     shall apply to--
       (1) all aliens in removal, deportation, or exclusion 
     proceedings;
       (2) all applications pending on, or filed after, the date 
     of the enactment of this Act; and
       (3) with respect to aliens and applications described in 
     paragraph (1) or (2), acts and conditions constituting a 
     ground for exclusion, deportation, or removal occurring or 
     existing before, on, or after the date of the enactment of 
     this Act.

     SEC. 1717. AGGRAVATED FELONIES.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended to read as follows:
       ``(43)(A) The term `aggravated felony' means--
       ``(i) any offense punishable by a maximum term of 
     imprisonment of not less than 2 years regardless of the term 
     of imprisonment, if any, actually imposed;
       ``(ii) any offense for which the term of imprisonment 
     imposed was not less than 1 year even if that term is 
     suspended or probated;
       ``(iii) any 2 or more offenses, regardless of whether the 
     convictions for such offenses resulted from a single trial or 
     plea or whether the offenses arose from a single scheme of 
     misconduct, for which the aggregate term of imprisonment 
     imposed was not less than 3 years;
       ``(iv) any offense not otherwise determined to be an 
     aggravated felony offense under clauses (i) through (iii), 
     regardless of the term of imprisonment imposed (unless 
     otherwise indicated) or of the elements of the offense 
     required for a conviction if the nature of the offense is 
     described in 1 of the following subclauses:
       ``(I) Any crime of, or related to--
       ``(aa) murder, in any degree;
       ``(bb) voluntary or involuntary manslaughter;
       ``(cc) homicide (regardless of the required level of intent 
     and including reckless or negligent homicide);
       ``(dd) sexual assault or battery;
       ``(ee) rape (including statutory rape);
       ``(ff) any offense for which the individual was required to 
     register as a sex offender under Federal or state law;
       ``(gg) , or any other sex offense, including offenses 
     related to the actual or attempted abuse of or contact with 
     minors (defined as individuals under the age of 18 but 
     including offenses in which the intended victim was actually 
     a law enforcement officer), regardless of the reason and 
     extent of the act.
       ``(II) Any drug trafficking crime (as defined in section 
     924(c) of title 18, United States Code).
       ``(III) Any other crime classified as a felony in the 
     jurisdiction of conviction involving or related to a 
     controlled substance that is classified as controlled in the 
     jurisdiction of conviction, regardless of whether the 
     substance is also classified as controlled by the Federal 
     government and regardless of whether the crime would be 
     classified as a felony under Federal law.
       ``(IV) Any offense relating to illicit trafficking in 
     firearms or destructive devices (as defined in section 921 of 
     title 18, United States Code) or in explosive materials (as 
     defined in section 841(c) of such title).
       ``(V) Any offense relating to laundering of monetary 
     instruments or engaging in monetary transactions in property 
     derived from unlawful activity if the amount of the funds 
     exceeded $10,000.
       ``(VI) A crime of violence (or an offense relating to a 
     crime of violence), including any crime labeled as assault or 
     battery by the relevant jurisdiction of conviction, state or 
     Federal, regardless of whether the crime also meets the 
     definition in section 16 of title 18, United States Code, for 
     which the term of imprisonment imposed is at least 9 months.
       ``(VII) A theft offense (or an offense relating to a theft 
     offense), including any crime labeled as theft, shoplifting, 
     burglary, or embezzlement by the relevant jurisdiction of 
     conviction, state or Federal, and regardless of the method of 
     the theft , and regardless of whether any taking was 
     temporary or permanent, for which the term of imprisonment 
     imposed is at least 9 months.
       ``(VIII) Any offense relating to offenses described in--
       ``(aa) section 842 or 844 of title 18, United States Code;
       ``(bb) section 922 or 924 of such title; or
       ``(cc) section 5861 of the Internal Revenue Code of 1986.
       ``(IX) Any offense relating to a failure to appear before a 
     court pursuant to a court order to answer to or dispose of a 
     charge of a felony.
       ``(X) Any offense relating to the demand for or receipt of 
     ransom.
       ``(XI) Any offense relating to child pornography (as 
     defined by the jurisdiction of conviction).
       ``(XII) Any offense relating to racketeer influenced 
     corrupt organizations, or relating to transmission of 
     wagering information (if it is a second or subsequent 
     offense) or relating to illegal gambling business offenses.
       ``(XIII) Any offense relating to--
       ``(aa) the owning, controlling, managing, or supervising of 
     a prostitution business;
       ``(bb) transportation for the purpose of prostitution, if 
     committed for commercial advantage; or
       ``(cc) peonage, slavery, involuntary servitude, and 
     trafficking in persons.
       ``(XIV) Any offense relating to--
       ``(aa) gathering or transmitting national defense 
     information, disclosure of classified information, sabotage 
     or treason;
       ``(bb) protecting the identity of undercover intelligence 
     agents; or
       ``(cc) protecting the identity of undercover agents; or
       ``(XV) Any offense--
       ``(aa) involving fraud or deceit in which the loss to the 
     victim or victims exceeds $10,000; or
       ``(bb) relating to those described in section 7201 of the 
     Internal Revenue Code of 1986 (relating to tax evasion) in 
     which the revenue loss to the Government exceeds $10,000.
       ``(XVI) Any offense relating to an offense described in 
     paragraph (1)(A) or (2) of section 274(a) (relating to alien 
     smuggling), except in the case of a first offense for which 
     the alien has affirmatively shown that the alien committed 
     the offense for the purpose of assisting, abetting, or aiding 
     only the alien's spouse, child, or parent (and no other 
     individual) to violate a provision of this Act.
       ``(XVII) Any offense relating to offenses described in 
     section 275(a) or 276 committed by an alien who was 
     previously excluded, deported, or removed from the United 
     States.
       ``(XVIII) An offense related to falsely making, forging, 
     counterfeiting, mutilating, or altering a passport or 
     instrument relating to document fraud.
       ``(XIX) Any offense relating to a failure to appear by a 
     defendant for service of sentence if the underlying offense 
     is punishable by imprisonment for a term of 3 years or more.

[[Page S1022]]

       ``(XX) Any offense relating to commercial bribery, 
     counterfeiting, forgery, or trafficking in vehicles the 
     identification numbers of which have been altered.
       ``(XXI) Any offense relating to obstruction of justice, 
     perjury or subornation of perjury, or bribery of a witness.
       ``(XXII)(aa) A single conviction for driving while 
     intoxicated or impaired (as such terms are defined under the 
     jurisdiction in which the conviction occurred), including a 
     conviction for driving while under the influence of or 
     impaired by alcohol or drugs, without regard to whether the 
     conviction is classified as a misdemeanor or felony under 
     State law when such impaired driving was a cause of serious 
     bodily injury or death of another person.
       ``(bb) A second or subsequent conviction for driving while 
     intoxicated or impaired (as such terms are defined under the 
     jurisdiction in which the conviction occurred), including a 
     conviction for driving while under the influence of or 
     impaired by alcohol or drugs) without regard to whether the 
     conviction is classified as a misdemeanor or felony under 
     State law.
       ``(cc) A finding under this subclause does not require the 
     Secretary or the Attorney General to prove the first 
     conviction for driving while intoxicated or impaired 
     (including a conviction for driving while under the influence 
     of or impaired by alcohol or drugs) as a predicate offense.
       ``(dd) The Secretary or the Attorney General need only make 
     a factual determination that the alien was previously 
     convicted for driving while intoxicated or impaired (as such 
     terms are defined under the jurisdiction in which the 
     conviction occurred), including a conviction for driving 
     while under the influence of or impaired by alcohol or drugs.
       ``(XXIII) An offense relating to terrorism or national 
     security, including a conviction for a violation under 
     chapter 113B of title 18, United States Code.
       ``(XXIV) A conviction for violating section 295.
       ``(XXV) Any offense relating to those described in chapter 
     50A (genocide), 113C (torture), or 118 (war crimes and 
     recruitment or use of child soldiers) of title 18, United 
     States Code, or section 116 of such title (female genital 
     mutilation), or a felony conviction under chapter 35 of title 
     50, United States Code (relating to violations of 
     International Emergency Economic Powers Act licenses, orders, 
     regulations, or prohibitions) or under section 38 of the Arms 
     Export Control Act (22 U.S.C. 2778).
       ``(XXVI) An attempt, conspiracy, or solicitation to commit 
     an offense described in subclauses I through XXV or any other 
     inchoate form of an offense described in this clause.
       ``(B) Notwithstanding any other provision of law (including 
     any effective date), the term `aggravated felony' applies, 
     regardless of whether the conviction was entered before, on, 
     or after the effective date of theSECURE and SUCCEED Act, 
     to--
       ``(i) an offense described in subparagraph (A), whether in 
     violation of Federal or State law; and
       ``(ii) an offense described in subparagraph (A) in 
     violation of the law of a foreign country for which the term 
     of imprisonment was completed within the previous 15 
     years.''.
       (b) Definition of Conviction.--Section 101(a)(48) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is 
     amended to read as follows:
       ``(48)(A) The term `conviction' means, with respect to an 
     alien--
       ``(i) a formal judgment of guilt of the alien entered by a 
     court; or
       ``(ii) if adjudication of guilt has been withheld or 
     deferred, where--
       ``(I) a judge, jury, or other adjudicator has found the 
     alien guilty or the alien has entered a plea of guilty, an 
     Alford plea, or a plea of nolo contendere, or the alien has 
     admitted sufficient facts to warrant a finding of guilt; and
       ``(II) the judge or other adjudicator has ordered some form 
     of punishment, penalty, or restraint on the alien's liberty 
     to be imposed, including, but not limited to, the imposition 
     of probation or any fees or costs associated with the 
     proceeding.
       ``(B) Any reference to a term of imprisonment or a sentence 
     with respect to an offense is deemed to include the period of 
     incarceration or confinement ordered by a court of law 
     regardless of any suspension of the imposition or execution 
     of that imprisonment or sentence in whole or in part, 
     including a sentence of imprisonment that is probated.
       ``(C) Any reference to a term of imprisonment of at least 
     `1 year' includes any sentence of 365 days or more, or as `1 
     year' was defined under State or local law in the 
     jurisdiction in which the conviction occurred at the time of 
     the conviction.
       ``(D) Any reference to a term of imprisonment that is 
     `punishable by' shall include the maximum statutory term of 
     imprisonment authorized by law for the most aggravated 
     instance of the offense without regard to the individual 
     circumstances of the defendant or the specific facts of the 
     conviction, provided that for convictions under Federal law, 
     the maximum statutory term of imprisonment shall not include 
     a statutory sentence enhancement under title 18, United 
     States Code, or the title IV of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.) unless the defendant's record of 
     conviction reflects that he was convicted or sentenced 
     pursuant to such an enhancement.
       ``(E) Subject to subparagraphs (F) and (G), no order 
     purporting to vacate a conviction, modify a sentence, or 
     clarify a sentence shall have any effect under this Act 
     unless all 4 of the following conditions are met:
       ``(i) The order was entered prior to the initiation of any 
     proceeding to remove the alien from the United States.
       ``(ii) The order was entered not later than 1 year after 
     the date of the original order of conviction or sentencing.
       ``(iii) The court issuing the order had jurisdiction and 
     authority to do so.
       ``(iv) The order was not entered for purposes of 
     ameliorating the immigration consequences of the conviction 
     or sentence.
       ``(F) No nunc pro tunc order purporting to vacate a 
     conviction, modify a sentence, or clarify a sentence shall 
     have any effect under the immigration laws.
       ``(G) No reversal, vacatur, expungement, or modification of 
     a conviction or sentence that was granted, solely or in part, 
     to ameliorate the immigration consequences of the conviction 
     or sentence or was granted, solely or in part, for 
     rehabilitative purposes shall have any effect under the 
     immigration laws. For purposes of this subparagraph, any 
     reversal, vacatur, expungement, or modification of a 
     conviction or sentence due to an alleged procedural or 
     constitutional defect shall be insufficient to meet the 
     alien's burden of proof, even if the conditions in 
     subparagraphs (E) and (F) are otherwise satisfied, unless the 
     record contains a clear statement of position from the 
     prosecutor on the issue and a clear explanation in the 
     relevant order of the alleged defect.
       ``(H) In all cases under the immigration laws, the alien 
     shall bear the burden of establishing that all 4 conditions 
     in subparagraph (E) have been met and that the limitations in 
     subparagraph (F) and (G) do not apply.
       ``(I) Any order purporting to vacate a conviction, modify a 
     sentence, or clarify a sentence shall not be given any effect 
     for immigration purposes unless the requirements under this 
     paragraph have been met. The fact that these requirements 
     have been met shall not preclude a finding by the Attorney 
     General or Secretary, in the exercise of discretion, that the 
     conviction is still valid for immigration purposes. 
     Notwithstanding any other provision of law (statutory or 
     nonstatutory) and regardless of whether the determination is 
     made in removal proceedings, no court shall have jurisdiction 
     to review a determination by the Attorney General or 
     Secretary of Homeland Security regarding whether such an 
     order should be given any effect under the immigration laws.
       ``(J) All references to a criminal offense or criminal 
     conviction in the immigration laws shall be deemed to include 
     any attempt, conspiracy, or solicitation to commit the 
     offense or any other inchoate form of the offense.
       ``(K) In making a determination of whether a criminal 
     conviction is for an aggravated felony or a crime involving 
     moral turpitude or for any other provision under the 
     immigration laws, the Attorney General shall not be required 
     to apply any single or particular methodology. In making such 
     determinations, the Attorney General shall not be limited to 
     applying a categorical or modified categorical approach 
     (including determining if a statute of conviction is 
     divisible), shall not limit his consideration to a single 
     generic definition of a crime, and shall not consider any 
     hypothetical criminal offense beyond the facts of the actual 
     conviction at issue. In all cases, the Attorney General may 
     look behind the record of conviction and consider all 
     reliable evidence (including charging documents, plea 
     agreements, plea colloquies, jury instructions, police 
     reports, testimony during the removal hearing, and any prior 
     statements by the respondent or any other person about the 
     crime) of relevant facts (including the underlying conduct at 
     issue, the actual type of firearm involved (if any), the 
     amount of a controlled substance involved (if any), and the 
     identity of the victim).''.

     SEC. 1718. FAILURE TO OBEY REMOVAL ORDERS.

       (a) In General.--Section 243 of the Immigration and 
     Nationality Act (8 U.S.C. 1253) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by inserting ``212(a) or'' before ``237(a),''; and
       (B) by striking paragraph (3);
       (2) by striking subsection (b); and
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
       (b) Effective Date and Application.--The amendments made by 
     subsection (a)(1) shall take effect on the date of the 
     enactment of this Act and shall apply to acts that are 
     described in subparagraphs (A) through (D) of section 
     243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1253(a)(1)) that occur on or after such date of enactment.

     SEC. 1719. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT 
                   REPATRIATION OF THEIR NATIONALS.

       Section 243 of the Immigration and Nationality Act (8 
     U.S.C. 1253), as amended by section 1720(a), is further 
     amended by adding at the end the following:
       ``(e) Listing of Countries Who Delay Repatriation of 
     Removed Aliens.--
       ``(1) Listing of countries.--Beginning on the date that is 
     6 months after the date of the enactment of the SECURE and 
     SUCCEED Act, and every 6 months thereafter, the Secretary 
     shall publish a report in the Federal Register that includes 
     a list of--
       ``(A) countries that have refused or unreasonably delayed 
     repatriation of an alien who

[[Page S1023]]

     is a national of that country since the date of enactment of 
     this Act and the total number of such aliens, disaggregated 
     by nationality;
       ``(B) countries that have an excessive repatriation failure 
     rate; and
       ``(C) each country that was reported as noncompliant in the 
     most recent reporting period.
       ``(2) Exemption.--The Secretary, in the Secretary's sole 
     and unreviewable discretion, and in consultation with the 
     Secretary of State, may exempt a country from inclusion on 
     the list under paragraph (1) if there are significant foreign 
     policy or security concerns that warrant such an exemption.
       ``(f) Discontinuing Granting of Visas to Nationals of 
     Countries Denying or Delaying Accepting Alien.--
       ``(1) In general.--Notwithstanding section 221(c), the 
     Secretary shall take the action described in paragraph 
     (2)(A), and may take an action described in paragraph (2)(B), 
     if the Secretary determines that--
       ``(A) an alien who is a national of a foreign country is 
     inadmissible under section 212 or deportable under section 
     237, or has been ordered removed from the United States; and
       ``(B) the government of the foreign country referred to in 
     subparagraph (A) is--
       ``(i) denying or unreasonably delaying accepting aliens who 
     are citizens, subjects, nationals, or residents of that 
     country after the Secretary asks whether the government will 
     accept an alien under this section; or
       ``(ii) refusing to issue any required travel or identity 
     documents to allow the alien who is citizen, subject, 
     national, or resident of that country to return to that 
     country.
       ``(2) Actions described.--The actions described in this 
     paragraph are the following:
       ``(A) Direct the Secretary of State to authorize consular 
     officers in the foreign country referred to in paragraph (1) 
     to deny visas under section 101(a)(15)(A)(iii) to attendants, 
     servants, personal employees, and members of their immediate 
     families, of the officials and employees of that country who 
     receive nonimmigrant status under clause (i) or (ii) of 
     section 101(a)(15)(A).
       ``(B) In consultation with the Secretary of State, deny 
     admission to any citizens, subjects, nationals, or residents 
     from the foreign country referred to in paragraph (1), 
     consistent with other international obligations, and the 
     imposition of any limitations, conditions, or additional fees 
     on the issuance of visas or travel from that country, or the 
     imposition of any other sanctions against that country that 
     are authorized by law.
       ``(3) Resumption of visa issuance.--Consular officers in 
     the foreign country that refused or unreasonably delayed 
     repatriation or refused to issue required identity or travel 
     documents may resume visa issuance after the Secretary 
     notifies the Secretary of State that the country has accepted 
     the aliens.''.

     SEC. 1720. ENHANCED PENALTIES FOR CONSTRUCTION AND USE OF 
                   BORDER TUNNELS.

       Section 555 of title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``not more than 20 
     years.'' and inserting ``not less than 7 years and not more 
     than 20 years.''; and
       (2) in subsection (b), by striking ``not more than 10 
     years.'' and inserting ``not less than 3 years and not more 
     than 10 years.''.

     SEC. 1721. ENHANCED PENALTIES FOR FRAUD AND MISUSE OF VISAS, 
                   PERMITS, AND OTHER DOCUMENTS.

       Section 1546(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``Commissioner of the Immigration and 
     Naturalization Service'' each place it appears and inserting 
     ``Secretary of Homeland Security''; and
       (2) by striking ``Shall be fined'' and all that follows and 
     inserting ``Shall be fined under this title or imprisoned for 
     not less than 12 years and not more than 25 years (if the 
     offense was committed to facilitate an act of international 
     terrorism (as defined in section 2331)), not less than 10 
     years and not more than 20 years (if the offense was 
     committed to facilitate a drug trafficking crime (as defined 
     in section 929(a)), not less than 5 years and not more than 
     10 years (for the first or second such offense, if the 
     offense was not committed to facilitate such an act of 
     international terrorism or a drug trafficking crime), or not 
     less than 7 years and not more than 15 years (for any other 
     offense), or both.''.

     SEC. 1722. EXPANSION OF CRIMINAL ALIEN REPATRIATION PROGRAMS.

       (a) Expansion of Criminal Alien Repatriation Flights.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall increase the 
     number of criminal and illegal alien repatriation flights 
     from the United States conducted by U.S. Customs and Border 
     Protection and U.S. Immigration and Customs Enforcement Air 
     Operations by not less than 15 percent compared to the number 
     of such flights operated, and authorized to be operated, 
     under existing appropriations and funding on the date of the 
     enactment of this Act.
       (b) U.S. Immigration and Customs Enforcement Air 
     Operations.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall issue a directive to expand U.S. Immigration and 
     Customs Enforcement Air Operations (referred to in this 
     subsection as ``ICE Air Ops'') so that ICE Air Ops provides 
     additional services with respect to aliens who are illegally 
     present in the United States. Such expansion shall include--
       (1) increasing the daily operations of ICE Air Ops with 
     buses and air hubs in the top 5 geographic regions along the 
     southern border;
       (2) allocating a set number of seats for such aliens for 
     each metropolitan area; and
       (3) allowing a metropolitan area to trade or give some of 
     seats allocated to such area under paragraph (2) for such 
     aliens to other areas in the region of such area based on the 
     transportation needs of each area.
       (c) Authorization of Appropriations.--In addition to the 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated $10,000,000 for each of the 
     fiscal years 2018 through 2022 to carry out this section.

     SEC. 1723. PROHIBITION ON FLIGHT TRAINING AND NUCLEAR STUDIES 
                   FOR NATIONALS OF HIGH-RISK COUNTRIES.

       (a) In General.--The Secretary of State shall deny a visa 
     to, and the Secretary of Homeland Security may not admit or 
     parole into the United States, any alien who--
       (1) is a citizen of Libya, Iran, Syria, or any country 
     designated by the Secretary of State as a state sponsor of 
     terrorism; and
       (2)(A)(i) is an applicant for a visa or for admission to 
     the United States; and
       (ii) the Secretary of State or the Secretary of Homeland 
     Security determines seeks to enter the United States to 
     participate in--
       (I) coursework at an institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a))) to prepare the alien for a career in 
     nuclear science, nuclear engineering, or a related field; or
       (II) coursework or training or otherwise engage in aviation 
     maintenance or flight operations;
       (B)(i) is in the United States; and
       (ii) the Secretary of Homeland Security determines is 
     applying to change status to participate in coursework, 
     training, or activities described in subparagraph (A)(ii); or
       (C)(i) is lawfully present in the United States, either as 
     a nonimmigrant student or otherwise authorized to study at an 
     institution of higher education; and
       (ii) the Secretary of Homeland Security determines is 
     participating in coursework, training, or activities 
     described in subparagraph (A)(ii) or seeks to change his or 
     her field of study to participate in such coursework, 
     training, or activities.
       (b) Termination of Status.--The Secretary of Homeland 
     Security shall terminate the nonimmigrant status or otherwise 
     revoke the authorization to remain in the United States of 
     any alien in the United States who is described in subsection 
     (a).
       (c) High-risk Countries.--The Secretary of Homeland 
     Security may, in the discretion of the Secretary, designate 
     additional countries whose nationals are subject to the 
     restrictions described in subsection (a) if the Secretary 
     determines that the imposition of such restrictions on such 
     nationals is in the national interest.

          CHAPTER 2--STRONG VISA INTEGRITY SECURES AMERICA ACT

     SEC. 1731. SHORT TITLE.

       This chapter may be cited as the ``Strong Visa Integrity 
     Secures America Act''.

     SEC. 1732. VISA SECURITY.

       (a) Visa Security Units at High Risk Posts.--Section 
     428(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     236(e)(1)) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) Authorization.--Subject to the minimum number 
     specified in subparagraph (B), the Secretary''; and
       (2) by adding at the end the following:
       ``(B) Risk-based assignments.--
       ``(i) In general.--In carrying out subparagraph (A), the 
     Secretary shall assign employees of the Department to not 
     fewer than 75 diplomatic and consular posts at which visas 
     are issued. Assignments under this subparagraph shall be 
     made--

       ``(I) in a risk-based manner;
       ``(II) after considering the criteria described in clause 
     (iii); and
       ``(III) in accordance with Nationality Security Decision 
     Directive 38, issued by President Reagan on June 2, 1982, or 
     any superseding presidential directive concerning staffing at 
     diplomatic and consular posts.

       ``(ii) Priority consideration.--In carrying out the 
     presidential directive described in clause (i)(III), the 
     Secretary of State shall ensure priority consideration of any 
     staffing assignment under this subparagraph.
       ``(iii) Criteria described.--The criteria referred to in 
     clause (i) are--

       ``(I) the number of nationals of a country in which any of 
     the diplomatic and consular posts referred to in clause (i) 
     are located who were identified in United States Government 
     databases related to the identities of known or suspected 
     terrorists during the previous year;
       ``(II) information on cooperation of the country referred 
     to in subclause (I) with the counterterrorism efforts of the 
     United States;
       ``(III) information analyzing the presence, activity, or 
     movement of terrorist organizations (as such term is defined 
     in section 212(a)(3)(B)(vi) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) within or 
     through such country;
       ``(IV) the number of formal objections based on derogatory 
     information issued by the Visa Security Advisory Opinion Unit 
     pursuant to paragraph (10) regarding nationals of a country 
     in which any of the diplomatic and consular posts referred to 
     in clause (i) are located;

[[Page S1024]]

       ``(V) the adequacy of the border and immigration control of 
     such country; and
       ``(VI) any other criteria the Secretary determines 
     appropriate.''.

       (b) Accommodation of Visa Security Units.--Section 428 of 
     the Homeland Security Act of 2002 (6 U.S.C. 236) is amended 
     by adding at the end the following:
       ``(j) Expedited Clearance and Placement of Department of 
     Homeland Security Personnel at Overseas Embassies and 
     Consular Posts.--Notwithstanding any other provision of law, 
     and the processes set forth in National Security Defense 
     Directive 38, issued by President Reagan on June 2, 1982, or 
     any successor Directive, the Chief of Mission of a post to 
     which the Secretary of Homeland Security has assigned 
     personnel under subsection (e) or (i) shall ensure, not later 
     than 1 year after the date on which the Secretary of Homeland 
     Security communicates such assignment to the Secretary of 
     State, that such personnel have been stationed and 
     accommodated at post and are able to carry out their 
     duties.''.
       (c) Funding for the Visa Security Program.--
       (1) In general.--The Department of State and Related Agency 
     Appropriations Act, 2005 (title IV of division B of Public 
     Law 108-447) is amended, in the fourth paragraph under the 
     heading ``Diplomatic and Consular Programs'', by striking 
     ``Beginning'' and all that follows and inserting the 
     following: ``Beginning in fiscal year 2005 and thereafter, 
     the Secretary of State is authorized to charge surcharges 
     related to consular services in support of enhanced border 
     security that are in addition to the immigrant visa fees in 
     effect on January 1, 2004: Provided, That funds collected 
     pursuant to this authority shall be credited to the 
     appropriation for U.S. Immigration and Customs Enforcement 
     for the fiscal year in which the fees were collected, and 
     shall be available until expended for the funding of the Visa 
     Security Program established by the Secretary of Homeland 
     Security under section 428(e) of the Homeland Security Act of 
     2002 (Public Law 107-296): Provided further, That such 
     surcharges shall be 10 percent of the fee assessed on 
     immigrant visa applications.''.
       (2) Repayment of appropriated funds.--Of the amounts 
     collected each fiscal year under the heading ``Diplomatic and 
     Consular Programs'' in the Department of State and Related 
     Agency Appropriations Act, 2005 (title IV of division B of 
     Public Law 108-447), as amended by paragraph (1), 20 percent 
     shall be deposited into the general fund of the Treasury.
       (d) Counterterrorism Vetting and Screening.--Section 
     428(e)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     236(e)(2)) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Screen any such applications against the appropriate 
     criminal, national security, and terrorism databases 
     maintained by the Federal Government.''.
       (e) Training and Hiring.--Section 428(e)(6)(A) of the 
     Homeland Security Act of 2002 (6 U.S.C. 236(e)(6)(A)) is 
     amended--
       (1) by striking ``The Secretary shall ensure, to the extent 
     possible, that any employees'' and inserting ``The Secretary, 
     acting through the Commissioner of U.S. Customs and Border 
     Protection and the Director of U.S. Immigration and Customs 
     Enforcement, shall provide training to any employees''; and
       (2) by striking ``shall be provided the necessary 
     training''.
       (f) Pre-adjudicated Visa Security Assistance and Visa 
     Security Advisory Opinion Unit.--Section 428(e) of the 
     Homeland Security Act of 2002 (6 U.S.C. 236(e)) is amended by 
     adding at the end the following:
       ``(9) Remote pre-adjudicated visa security assistance.--At 
     the visa-issuing posts at which employees of the Department 
     are not assigned pursuant to paragraph (1), the Secretary 
     shall, in a risk-based manner, assign employees of the 
     Department to remotely perform the functions required under 
     paragraph (2) at not fewer than 50 of such posts.
       ``(10) Visa security advisory opinion unit.--The Secretary 
     shall establish within U.S. Immigration and Customs 
     Enforcement a Visa Security Advisory Opinion Unit to respond 
     to requests from the Secretary of State to conduct a visa 
     security review using information maintained by the 
     Department on visa applicants, including terrorism 
     association, criminal history, counter-proliferation, and 
     other relevant factors, as determined by the Secretary.''.
       (g) Deadlines.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall implement the requirements under paragraphs (1) and (9) 
     of section 428(e) of the Homeland Security Act of 2002 (6 
     U.S.C. 236(e)), as amended and added by this section.

     SEC. 1733. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC 
                   MATCHING.

       (a) In General.--Subtitle B of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC 
                   MATCHING.

       ``(a) In General.--Not later than 1 year after the date of 
     the enactment of the Strong Visa Integrity Secures America 
     Act, the Commissioner of U.S. Customs and Border Protection 
     shall--
       ``(1) screen electronic passports at airports of entry by 
     reading each such passport's embedded chip; and
       ``(2) to the greatest extent practicable, utilize facial 
     recognition technology or other biometric technology, as 
     determined by the Commissioner, to inspect travelers at 
     United States airports of entry.
       ``(b) Applicability.--
       ``(1) Electronic passport screening.--Subsection (a)(1) 
     shall apply to passports belonging to individuals who are 
     United States citizens, individuals who are nationals of a 
     program country pursuant to section 217 of the Immigration 
     and Nationality Act (8 U.S.C. 1187), and individuals who are 
     nationals of any other foreign country that issues electronic 
     passports.
       ``(2) Facial recognition matching.--Subsection (a)(2) shall 
     apply, at a minimum, to individuals who are nationals of a 
     program country pursuant to section 217 of such Act.
       ``(c) Annual Report.--
       ``(1) In general.--The Commissioner of U.S. Customs and 
     Border Protection, in collaboration with the Chief Privacy 
     Officer of the Department, shall submit an annual report, 
     through fiscal year 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 describes the utilization of facial 
     recognition technology and other biometric technology 
     pursuant to subsection (a)(2).
       ``(2) Report contents.--Each report submitted pursuant to 
     paragraph (1) shall include--
       ``(A) information on the type of technology used at each 
     airport of entry;
       ``(B) the number of individuals who were subject to 
     inspection using either of such technologies at each airport 
     of entry;
       ``(C) within the group of individuals subject to such 
     inspection, the number of those individuals who were United 
     States citizens and lawful permanent residents;
       ``(D) information on the disposition of data collected 
     during the year covered by such report; and
       ``(E) information on protocols for the management of 
     collected biometric data, including time frames and criteria 
     for storing, erasing, destroying, or otherwise removing such 
     data from databases utilized by the Department.

     ``SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER 
                   PROTECTION.

       ``The Commissioner of U.S. Customs and Border Protection 
     shall, in a risk-based manner, continuously screen 
     individuals issued any visa, and individuals who are 
     nationals of a program country pursuant to section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187), who are 
     present, or expected to arrive within 30 days, in the United 
     States, against the appropriate criminal, national security, 
     and terrorism databases maintained by the Federal 
     Government.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 419 the 
     following:

``Sec. 420. Electronic passport screening and biometric matching.
``Sec. 420A. Continuous screening by U.S. Customs and Border 
              Protection.''.

     SEC. 1734. REPORTING VISA OVERSTAYS.

       Section 2 of Public Law 105-173 (8 U.S.C. 1376) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by inserting ``, and any additional information that 
     the Secretary determines necessary for purposes of the report 
     under subsection (b)'' before the period at the end; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Annual Report.--Not later than September 30, 2018, 
     and annually thereafter, 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 provides, for 
     the preceding fiscal year, numerical estimates (including 
     information on the methodology utilized to develop such 
     numerical estimates) of--
       ``(1) for each country, the number of aliens from the 
     country who are described in subsection (a), including--
       ``(A) the total number of such aliens within all classes of 
     nonimmigrant aliens described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
       ``(B) the number of such aliens within each of the classes 
     of nonimmigrant aliens, as well as the number of such aliens 
     within each of the subclasses of such classes of nonimmigrant 
     aliens, as applicable;
       ``(2) for each country, the percentage of the total number 
     of aliens from the country who were present in the United 
     States and were admitted to the United States as 
     nonimmigrants who are described in subsection (a);
       ``(3) the number of aliens described in subsection (a) who 
     arrived by land at a port of entry into the United States;
       ``(4) the number of aliens described in subsection (a) who 
     entered the United States

[[Page S1025]]

     using a border crossing identification card (as defined in 
     section 101(a)(6) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(6)); and
       ``(5) the number of Canadian nationals who entered the 
     United States without a visa and whose authorized period of 
     stay in the United States terminated during the previous 
     fiscal year, but who remained in the United States.''.

     SEC. 1735. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM 
                   VERIFICATION.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall ensure 
     that the information collected under the program established 
     under section 641 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is 
     available to officers of U.S. Customs and Border Protection 
     conducting primary inspections of aliens seeking admission to 
     the United States at each port of entry of the United States.

     SEC. 1736. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et. seq.), as amended by 
     sections 1127 and 1131, is further amended by adding at the 
     end the following:

     ``SEC. 436. SOCIAL MEDIA SCREENING.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the Strong Visa Integrity Secures America 
     Act, the Secretary shall, to the greatest extent practicable, 
     and in a risk based manner and on an individualized basis, 
     review the social media accounts of visa applicants who are 
     citizens of, or who reside in, high risk countries, as 
     determined by the Secretary based on the criteria described 
     in subsection (b).
       ``(b) High-risk Criteria Described.--In determining whether 
     a country is high-risk pursuant to subsection (a), the 
     Secretary shall consider the following criteria:
       ``(1) The number of nationals of the country who were 
     identified in United States Government databases related to 
     the identities of known or suspected terrorists during the 
     previous year.
       ``(2) The level of cooperation of the country with the 
     counter-terrorism efforts of the United States.
       ``(3) Any other criteria the Secretary determines 
     appropriate.
       ``(c) Collaboration.--To develop the technology and 
     procedures required to carry out the requirements under 
     subsection (a), the Secretary shall collaborate with--
       ``(1) the head of a national laboratory within the 
     Department's laboratory network with relevant expertise;
       ``(2) the head of a relevant university-based center within 
     the Department's centers of excellence network; and
       ``(3) the heads of other appropriate Federal agencies, 
     including the Secretary of State, the Director of National 
     Intelligence, and the Attorney General.
       ``(d) Waiver.--The Secretary, in collaboration with the 
     Secretary of State, is authorized to waive the requirements 
     under subsection (a) to the extent necessary to comply with 
     the international obligations of the United States.
       ``(e) Rule of Construction.--The requirement to screen 
     social information under subsection (a) may not be construed 
     as limiting the authority of the Secretary or the Secretary 
     of State to screen social media information from any 
     individual filing an application, petition, or other request 
     with the Department or the Department of State for--
       ``(1) an immigration benefit or immigration status;
       ``(2) other authorization, employment authorization, 
     identity, or travel document; or
       ``(3) relief or protection under any provision of the 
     immigration laws.

     ``SEC. 437. OPEN SOURCE SCREENING.

       ``The Secretary shall, to the greatest extent practicable, 
     and in a risk-based manner, review open source information of 
     visa applicants.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002, as amended by this 
     Act, is further amended by inserting after the item relating 
     to section 435 the following:

``Sec. 436. Social media screening.
``Sec. 437. Open source screening.''.

              CHAPTER 3--VISA CANCELLATION AND REVOCATION

     SEC. 1741. CANCELLATION OF ADDITIONAL VISAS.

       (a) In General.--Section 222(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``Attorney General,'' and inserting 
     ``Secretary,''; and
       (B) by inserting ``and any other nonimmigrant visa issued 
     by the United States that is in the possession of the alien'' 
     after ``such visa''; and
       (2) in paragraph (2)(A), by adding ``or foreign residence'' 
     after ``the alien's nationality''.
       (b) Effective Date and Application.--The amendments made by 
     subsection (a) shall take effect on the date of the enactment 
     of this Act and shall apply to a visa issued before, on, or 
     after such date.

     SEC. 1742. VISA INFORMATION SHARING.

       (a) In General.--Section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``issuance or refusal'' and inserting ``issuance, refusal, or 
     revocation''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``and on the basis of reciprocity'' and all that follows and 
     inserting ``may provide to a foreign government information 
     in a Department of State computerized visa database and, when 
     necessary and appropriate, other records covered by this 
     section related to information in such database'';
       (B) by amending subparagraph (A) to read as follows:
       ``(A) on the basis of reciprocity, with regard to 
     individual aliens, at any time on a case-by-case basis for 
     the purpose of--
       ``(i) preventing, investigating, or punishing acts that 
     would constitute a crime in the United States, including, but 
     not limited to, terrorism or trafficking in controlled 
     substances, persons, or illicit weapons; or
       ``(ii) determining a person's removability or eligibility 
     for a visa, admission, or other immigration benefit;'';
       (C) in subparagraph (B)--
       (i) by inserting ``on basis of reciprocity,'' before ``with 
     regard to'';
       (ii) by striking ``in the database'' and inserting ``such 
     database'';
       (iii) by striking ``for the purposes'' and inserting ``for 
     1 of the purposes''; and
       (iv) by striking ``or to deny visas to persons who would be 
     inadmissible to the United States.'' and inserting ``; or''; 
     and
       (D) by adding at the end the following:
       ``(C) with regard to any or all aliens in such database, 
     specified data elements from each record, if the Secretary of 
     State determines that it is required for national security or 
     public safety or in the national interest to provide such 
     information to a foreign government.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 60 days after the date 
     of the enactment of the Act.

     SEC. 1743. VISA INTERVIEWS.

       (a) In General.--Section 222(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(h)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking ``and'' at the end and 
     inserting ``or''; and
       (C) by adding at the end the following:
       ``(D) by the Secretary of State, if the Secretary, in his 
     or her sole and unreviewable discretion, determines, after 
     reviewing the application, that an interview is unnecessary 
     because the alien is ineligible for a visa; and''.
       (2) in paragraph (2)--
       (A) in subparagraph (E), by striking ``or'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(G) is an individual within a class of aliens that the 
     Secretary of State, in his or her sole and unreviewable 
     discretion, has determined may pose a threat to national 
     security or public safety.''.

     SEC. 1744. VISA REVOCATION AND LIMITS ON JUDICIAL REVIEW.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended--
       (1) by inserting ``(1)'' after ``(i)'';
       (2) in paragraph (1), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (B) by striking ``shall invalidate the visa or other 
     documentation from the date of issuance: Provided, That 
     carriers'' and inserting ``of any visa or documentation shall 
     take effect immediately. Carriers''; and
       (C) by striking the last sentence and inserting the 
     following:
       ``(2) Notwithstanding any other provision of law, including 
     section 2241 of title 28, United States Code, any other 
     habeas corpus provision, and sections 1361 and 1651 of such 
     title, a revocation under this subsection may not be reviewed 
     by any court, and no court shall have jurisdiction to hear 
     any claim arising from, or any challenge to, such a 
     revocation, provided that the revocation is executed by the 
     Secretary.
       ``(3) A revocation under this subsection of a visa or other 
     documentation from an alien shall automatically cancel any 
     other valid visa that is in the alien's possession.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to all revocations made on or after such date.

                      CHAPTER 4--SECURE VISAS ACT

     SEC. 1751. SHORT TITLE.

       This chapter may be cited as the ``Secure Visas Act''.

     SEC. 1752. AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY 
                   AND THE SECRETARY OF STATE.

       (a) In General.--Section 428 of the Homeland Security Act 
     of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
     and (c) and inserting the following:
       ``(b) Authority of the Secretary of Homeland Security.--
       ``(1) In general.--Notwithstanding section 104(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1104(a)) and any 
     other provision of law, and except for the authority of the 
     Secretary of State under subparagraphs (A) and (G) of section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)), the Secretary--
       ``(A) shall have exclusive authority to issue regulations, 
     establish policy, and administer and enforce the provisions 
     of the

[[Page S1026]]

     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and 
     all other immigration or nationality laws relating to the 
     functions of consular officers of the United States in 
     connection with the granting and refusal of a visa; and
       ``(B) may refuse or revoke any visa to any alien or class 
     of aliens if the Secretary, or his or her designee, 
     determines that such refusal or revocation is necessary or 
     advisable in the security interests of the United States.
       ``(2) Effect of revocation.--The revocation of any visa 
     under paragraph (1)(B)--
       ``(A) shall take effect immediately; and
       ``(B) shall automatically cancel any other valid visa that 
     is in the alien's possession.
       ``(3) Judicial review.--Notwithstanding any other provision 
     of law, including section 2241 of title 28, United States 
     Code, any other habeas corpus provision, and sections 1361 
     and 1651 of such title, no United States court has 
     jurisdiction to review a decision by the Secretary or a 
     consular officer to refuse or revoke a visa.
       ``(c) Visa Refusal Authority of the Secretary of State.--
       ``(1) In general.--The Secretary of State may direct a 
     consular officer to refuse or revoke a visa to an alien if 
     the Secretary determines that such refusal or revocation is 
     necessary or advisable in the foreign policy interests of the 
     United States.
       ``(2) Limitation.--No decision by the Secretary of State to 
     approve a visa may override a decision by the Secretary under 
     subsection (b).''.
       (b) Visa Revocation.--Section 428 of the Homeland Security 
     Act (6 U.S.C. 236) is amended by adding at the end the 
     following:
       ``(j) Visa Revocation Information.--If the Secretary or the 
     Secretary of State revokes a visa--
       ``(1) the relevant consular, law enforcement, and terrorist 
     screening databases shall be immediately updated on the date 
     of the revocation; and
       ``(2) look-out notices shall be posted to all Department 
     port inspectors and Department of State consular officers.''.
       (c) Conforming Amendment.--Section 104(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1104(a)(1)) is 
     amended by inserting ``and the power authorized under section 
     428(c) of the Homeland Security Act of 2002 (6 U.S.C. 
     236(c))'' after ``United States,''.

       CHAPTER 5--VISA FRAUD AND SECURITY IMPROVEMENT ACT OF 2018

     SEC. 1761. SHORT TITLE.

       This chapter may be cited as the ``Visa Fraud and Security 
     Improvement Act of 2018''.

     SEC. 1762. EXPANDED USAGE OF FRAUD PREVENTION AND DETECTION 
                   FEES.

       Section 286(v)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1356(v)(2)(A)) is amended--
       (1) in the matter preceding clause (i), by striking ``at 
     United States embassies and consulates abroad'';
       (2) by amending clause (i) to read as follows:
       ``(i) to increase the number of diplomatic security 
     personnel assigned exclusively or primarily to the function 
     of preventing and detecting visa fraud;''; and
       (3) in clause (ii), by striking ``, including primarily 
     fraud by applicants for visas described in subparagraph 
     (H)(i), (H)(ii), or (L) of section 101(a)(15)''.

     SEC. 1763. INADMISSIBILITY OF SPOUSES AND SONS AND DAUGHTERS 
                   OF TRAFFICKERS.

       Section 212(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)) is amended--
       (1) in subparagraph (C)(ii), by inserting ``, or has 
     been,'' after ``is''; and
       (2) in subparagraph (H)(ii), by inserting ``, or has 
     been,'' after ``is''.

     SEC. 1764. DNA TESTING AND CRIMINAL HISTORY.

       (a) DNA Testing for Visa Applicants.--Section 222(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended 
     by inserting after the second sentence the following: ``If 
     considered necessary by a consular officer to establish the 
     bona fides of a family relationship, the immigrant shall 
     provide DNA evidence of such relationship in accordance with 
     procedures established for submitting such evidence. The 
     Secretary of State may issue regulations to require the 
     submission of DNA evidence to establish family relationship 
     from applicants for certain visa classifications.''.
       (b) Required Documentary Evidence and DNA Testing.--Section 
     245 of the Immigration and Nationality Act (8 U.S.C. 1255) is 
     amended by adding at the end the following:
       ``(n) Required Documentary Evidence and DNA Testing for 
     Adjustment of Status.--
       ``(1) Required documentary evidence.--Any alien applying 
     for adjustment of status under the immigration laws shall 
     present a valid unexpired passport or other suitable travel 
     document, or document of identity and nationality, if such 
     documentation is required under regulations issued by the 
     Secretary of Homeland Security. The alien shall furnish, with 
     his or her application--
       ``(A) a copy of a certification by the appropriate police 
     authorities, stating what their records show concerning the 
     alien;
       ``(B) a certified copy of any existing prison record, 
     military record, and record of his or her birth; and
       ``(C) a certified copy of all other records or documents 
     concerning the alien or his or her case, which may be 
     required by the Secretary or the Attorney General.
       ``(2) DNA testing.--If the Secretary or the Attorney 
     General determine that DNA evidence is necessary to establish 
     the bona fides of a family relationship, the immigrant shall 
     provide DNA evidence of such relationship in accordance with 
     procedures established for submitting such evidence. The 
     Secretary may issue regulations to require the submission of 
     DNA evidence to establish family relationship from applicants 
     for certain visa classifications. If the alien establishes, 
     to the satisfaction of the Secretary or the Attorney General, 
     that any document or record required under this subsection is 
     unobtainable, the Secretary or the Attorney General may 
     permit the alien to submit, in lieu of such document or 
     record, other satisfactory evidence of the fact to which such 
     document or record, if obtainable, pertains.''.

     SEC. 1765. ACCESS TO NCIC CRIMINAL HISTORY DATABASE FOR 
                   DIPLOMATIC VISAS.

       Subsection (a) of article V of section 217 of the National 
     Crime Prevention and Privacy Compact Act of 1998 (34 U.S.C. 
     40316(V)(a)) is amended by inserting ``, except for 
     diplomatic visa applications for which only full biographical 
     information is required'' before the period at the end.

     SEC. 1766. ELIMINATION OF SIGNED PHOTOGRAPH REQUIREMENT FOR 
                   VISA APPLICATIONS.

       Section 221(b) of the Immigration and Nationality Act (8 
     U.S.C. 1201(b)) is amended by striking the first sentence and 
     insert the following: ``Each alien who applies for a visa 
     shall be registered in connection with his or her application 
     and shall furnish copies of his or her photograph for such 
     use as may be required by regulation.''.

                        CHAPTER 6--OTHER MATTERS

     SEC. 1771. REQUIREMENT FOR COMPLETION OF BACKGROUND CHECKS.

       (a) In General.--Section 103 of Immigration and Nationality 
     Act (8 U.S.C. 1103) is amended by adding at the end the 
     following:
       ``(h) Completion of Background and Security Checks.--
       ``(1) Requirement to complete.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 309 of the Enhanced Border Security and Visa Entry 
     Reform Act of 2002 (8 U.S.C. 1738), sections 1361 and 1651 of 
     title 28, United States Code, and section 706(1) of title 5, 
     United States Code, the Secretary and the Attorney General 
     may not approve or grant to an alien any status, relief, 
     protection from removal, employment authorization, or any 
     other benefit under the immigration laws, including an 
     adjustment of status to lawful permanent residence or a grant 
     of United States citizenship or issue to the alien any 
     documentation evidencing a status or grant of any status, 
     relief, protection from removal, employment authorization, or 
     other benefit under the immigration laws until--
       ``(A) all background and security checks required by 
     statute or regulation or deemed necessary by the Secretary or 
     the Attorney General, in his or her sole and unreviewable 
     discretion, for the alien have been completed; and
       ``(B) the Secretary or the Attorney General has determined 
     that the results of such checks do not preclude the approval 
     or grant of any status, relief, protection from removal, 
     employment authorization, or any other benefit under the 
     immigration laws or approval, grant, or the issuance of any 
     documentation evidencing such status, relief, protection, 
     authorization, or benefit.
       ``(2) Prohibition on judicial action.--No court shall have 
     authority to order the approval of, grant, mandate, or 
     require any action in a certain time period, or award any 
     relief for the Secretary's or Attorney General's failure to 
     complete or delay in completing any action to provide any 
     status, relief, protection from removal, employment 
     authorization, or any other benefit under the immigration 
     laws, including an adjustment of status to lawful permanent 
     residence, naturalization, or a grant of United States 
     citizenship for an alien until--
       ``(A) all background and security checks for the alien have 
     been completed; and
       ``(B) the Secretary or the Attorney General has determined 
     that the results of such checks do not preclude the approval 
     or grant of such status, relief, protection, authorization, 
     or benefit, or issuance of any documentation evidencing such 
     status, relief, protection, authorization, or benefit.''.
       (b) Effective Date and Application.--The amendment made by 
     subsection (a) shall take effect on the date of the enactment 
     of this Act and shall apply to any application, petition, or 
     request for any benefit or relief or any other case or matter 
     under the immigration laws pending with on or filed with the 
     Secretary of Homeland Security, the Attorney General, the 
     Secretary of State, the Secretary of Labor, or a consular 
     officer on or after such date of enactment.

     SEC. 1772. WITHHOLDING OF ADJUDICATION.

       (a) In General.--Section 103 of Immigration and Nationality 
     Act (8 U.S.C. 1103), as amended by section 1771 of this Act, 
     is further amended by adding at the end the following:
       ``(i) Withholding of Adjudication.--
       ``(1) In general.--Except as provided in paragraph (4), 
     nothing in this Act or in any other law, including sections 
     1361 and 1651 of title 28, United States Code, may be 
     construed to require, and no court can order, the Secretary, 
     the Attorney General, the Secretary of State, the Secretary 
     of Labor, or a consular officer to grant any visa or other 
     application, approve any petition, or grant or continue any 
     relief, protection from removal, employment authorization, or 
     any

[[Page S1027]]

     other status or benefit under the immigration laws by, to, or 
     on behalf of any alien with respect to whom a criminal 
     proceeding or investigation is open or pending (including the 
     issuance of an arrest warrant or indictment), if such 
     proceeding or investigation is deemed by such official to be 
     material to the alien's eligibility for the status, relief, 
     protection, or benefit sought.
       ``(2) Withholding of adjudication.--The Secretary, the 
     Attorney General, the Secretary of State, or the Secretary of 
     Labor may, in his or her discretion, withhold adjudication 
     any application, petition, request for relief, request for 
     protection from removal, employment authorization, status or 
     benefit under the immigration laws pending final resolution 
     of the criminal or other proceeding or investigation.
       ``(3) Jurisdiction.--Notwithstanding any other provision of 
     law (statutory or nonstatutory), including section 309 of the 
     Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
     U.S.C. 1738), sections 1361 and 1651 of title 28, United 
     States Code, and section 706(1) of title 5, United States 
     Code, no court shall have jurisdiction to review a decision 
     to withhold adjudication pursuant to this subsection.
       ``(4) Withholding of removal and torture convention.--This 
     subsection does not limit or modify the applicability of 
     section 241(b)(3) or the United Nations Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, subject to any reservations, understandings, 
     declarations and provisos contained in the United States 
     Senate resolution of ratification of the Convention, as 
     implemented by section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (Public Law 105-277) with respect 
     to an alien otherwise eligible for protection under such 
     provisions.''.
       (b) Effective Date and Application.--The amendment made by 
     subsection (a) shall take effect on the date of the enactment 
     of this Act and shall apply to any application, petition, or 
     request for any benefit or relief or any other case or matter 
     under the immigration laws pending with or filed with the 
     Secretary of Homeland Security on or after such date of 
     enactment.

     SEC. 1773. ACCESS TO THE NATIONAL CRIME INFORMATION CENTER 
                   INTERSTATE IDENTIFICATION INDEX.

       (a) Criminal Justice Activities.--Section 104 of the 
     Immigration and Nationality Act (8 U.S.C. 1104) is amended by 
     adding at the end the following:
       ``(f) Notwithstanding any other provision of law, any 
     Department of State personnel with authority to grant or 
     refuse visas or passports may carry out activities that have 
     a criminal justice purpose.''.
       (b) Liaison With Internal Security Officers; Data 
     Exchange.--Section 105 of the Immigration and Nationality Act 
     (8 U.S.C. 1105) is amended by striking subsections (b) and 
     (c) and inserting the following:
       ``(b) Access to NCIC-III.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Attorney General and the Director of the Federal 
     Bureau of Investigation shall provide to the Department of 
     Homeland Security and the Department of State access to the 
     criminal history record information contained in the National 
     Crime Information Center's Interstate Identification Index 
     (NCIC-III) and the Wanted Persons File and to any other files 
     maintained by the National Crime Information Center for the 
     purpose of determining whether an applicant or petitioner for 
     a visa, admission, or any benefit, relief, or status under 
     the immigration laws, or any beneficiary of an application, 
     petition, relief, or status under the immigration laws, has a 
     criminal history record indexed in the file.
       ``(2) Authorized activities.--
       ``(A) In general.--The Secretary and the Secretary of 
     State--
       ``(i) shall have direct access, without any fee or charge, 
     to the information described in paragraph (1) to conduct 
     name-based searches, file number searches, and any other 
     searches that any criminal justice or other law enforcement 
     officials are entitled to conduct; and
       ``(ii) may contribute to the records maintained by the 
     National Crime Information Center.
       ``(B) Secretary of homeland security.--The Secretary shall 
     receive, upon request, access to the information described in 
     paragraph (1) by means of extracts of the records for 
     placement in the appropriate database without any fee or 
     charge.
       ``(c) Criminal Justice and Law Enforcement Purposes.--
     Notwithstanding any other provision of law, adjudication of 
     eligibility for benefits, relief, or status under the 
     immigration laws, and other purposes relating to citizenship 
     and immigration services, shall be considered to be criminal 
     justice or law enforcement purposes with respect to access to 
     or use of any information maintained by the National Crime 
     Information Center or other criminal history information or 
     records.''.

     SEC. 1774. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

       (a) Limitation on Class Actions.--
       (1) In general.--Except as provided in paragraph (2), no 
     court may certify, or continue the certification of, a class 
     under Rule 23 of the Federal Rules of Civil Procedure in any 
     civil action that--
       (A) is pending or filed on or after the date of the 
     enactment of this Act; and
       (B) pertains to the administration or enforcement of the 
     immigration laws.
       (2) Exception.--A court may certify a class upon a motion 
     by the Government if the Government is requesting such a 
     certification to ensure efficiency in case management or 
     uniformity in application of precedent decisions or 
     interpretations of laws when there is a nationwide class.
       (b) Requirements for an Order Granting Prospective Relief 
     Against the Government.--
       (1) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) adopt the least intrusive means to correct the 
     violation of law;
       (C) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety; and
       (D) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (2) Written explanation.--The requirements described in 
     paragraph (1) shall be discussed and explained in writing in 
     the order granting prospective relief and shall be 
     sufficiently detailed to allow review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief granted under paragraph (1) 
     shall automatically expire on the date that is 90 days after 
     the date on which such relief is entered, unless the court--
       (A) finds that such relief meets the requirements described 
     in subparagraphs (A) through (D) of paragraph (1) for the 
     entry of permanent prospective relief; and
       (B) orders the preliminary relief to become a final order 
     granting prospective relief before the expiration of such 90-
     day period.
       (c) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on a motion 
     made by the United States Government to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief in any civil action pertaining to the 
     administration or enforcement of the immigration laws.
       (2) Automatic stays.--
       (A) In general.--A motion to vacate, modify, dissolve, or 
     otherwise terminate an order granting prospective relief made 
     by the United States Government in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws shall automatically, and without further 
     order of the court, stay the order granting prospective 
     relief on the date that is 15 days after the date on which 
     such motion is filed unless the court previously has granted 
     or denied the Government's motion.
       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the court enters an 
     order granting or denying the Government's motion.
       (C) Postponement.--The court, for good cause, may postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in subparagraph (A), other 
     than an order to postpone the effective date of the automatic 
     stay for not longer than 15 days under subparagraph (C)--
       (i) shall be treated as an order refusing to vacate, 
     modify, dissolve, or otherwise terminate an injunction; and
       (ii) shall be immediately appealable under section 
     1292(a)(1) of title 28, United States Code.
       (d) Settlements.--
       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with the requirements 
     under subsection (b)(1).
       (2) Private settlement agreements.--Nothing in this 
     subsection may be construed to preclude parties from entering 
     into a private settlement agreement that does not comply with 
     subsection (b)(1).
       (e) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this section.
       (f) Consent Decree Defined.--In this section, the term 
     ``consent decree''--
       (1) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (2) does not include private settlements.
       (g) Costs and Fees.--Section 2412(d)(2)(B) of title 28, 
     United States Code, is amended--
       (1) by striking ``an individual'' and inserting ``a United 
     States citizen''; and
       (2) by inserting ``United States citizen'' before 
     ``owner''.

     SEC. 1775. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR 
                   NATIONAL SECURITY PURPOSES.

       (a) Special Agricultural Workers.--Section 210(b)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1160(b)(6)) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary'';
       (2) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``Justice'' and inserting ``Homeland 
     Security'';

[[Page S1028]]

       (3) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (4) inserting after subparagraph (B) the following:
       ``(C) Authorized disclosures.--
       ``(i) Census purpose.--The Secretary may provide, in the 
     Secretary's discretion, for the furnishing of information 
     furnished under this section in the same manner and 
     circumstances as census information may be disclosed under 
     section 8 of title 13, United States Code.''.
       ``(ii) National security purpose.--The Secretary may 
     provide, in the Secretary's discretion, for the furnishing, 
     use, publication, or release of information furnished under 
     this section in any investigation, case, or matter, or for 
     any purpose, relating to terrorism, national intelligence or 
     the national security.
       ``(iii) Subsequent applications for immigration benefits.--
     The Secretary may use the information furnished under this 
     section to adjudicate subsequent applications, petitions, or 
     requests for immigration benefits filed by the alien.
       ``(iv) Alien consent.--The Secretary may use the 
     information furnished under this section for any purpose when 
     the alien consents to its disclosure or use by the Secretary.
       ``(v) Other circumstances.--The Secretary may use the 
     information furnished under this section for other purposes 
     and in other circumstances in which disclosure of the 
     information is not related to removal of the alien from the 
     United States.''; and
       (5) in subparagraph (D), as redesignated, striking 
     ``Service'' and inserting ``Department of Homeland 
     Security''.
       (b) Adjustment of Status.--Section 245A(c)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary'';
       (2) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``Justice'' and inserting ``Homeland 
     Security''; and
       (3) by amending subparagraph (C) to read as follows:
       ``(C) Authorized disclosures.--
       ``(i) Census purpose.--The Secretary may provide, in the 
     Secretary's discretion, for the furnishing of information 
     furnished under this section in the same manner and 
     circumstances as census information may be disclosed under 
     section 8 of title 13, United States Code.
       ``(ii) National security purpose.--The Secretary may 
     provide, in the Secretary's discretion, for the furnishing, 
     use, publication, or release of information furnished under 
     this section in any investigation, case, or matter, or for 
     any purpose, relating to terrorism, national intelligence or 
     the national security.''.

     SEC. 1776. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN 
                   IMMIGRATION, NATURALIZATION, AND PEONAGE 
                   OFFENSES.

       Section 3291 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 3291. Nationality, citizenship and passports

       ``No person shall be prosecuted, tried, or punished for a 
     violation of any section of chapter 69 (relating to 
     nationality and citizenship offenses) or 75 (relating to 
     passport, visa, and immigration offenses), for a violation of 
     any criminal provision of section 243, 274, 275, 276, 277, or 
     278 of the Immigration and Nationality Act (8 U.S.C. 1253, 
     1324, 1325, 1326, 1327, 1328), or for an attempt or 
     conspiracy to violate any such section, unless the indictment 
     is returned or the information is filed within 10 years after 
     the commission of the offense.''.

     SEC. 1777. CONFORMING AMENDMENT TO THE DEFINITION OF 
                   RACKETEERING ACTIVITY.

       Section 1961(1) of title 18, United States Code, is amended 
     by striking ``section 1542'' and all that follows through 
     ``section 1546 (relating to fraud and misuse of visas, 
     permits, and other documents)'' and inserting ``sections 1541 
     through 1546 (relating to passports and visas)''.

     SEC. 1778. VALIDITY OF ELECTRONIC SIGNATURES.

       (a) Civil Cases.--
       (1) In general.--Chapter 9 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1351 et seq.), as amended by 
     section 1126(a) of this Act, is further amended by adding at 
     the end the following:

     ``SEC. 296. VALIDITY OF SIGNATURES.

       ``(a) In General.--In any proceeding, adjudication, or any 
     other matter arising under the immigration laws, an 
     individual's hand written or electronic signature on any 
     petition, application, or any other document executed or 
     provided for any purpose under the immigration laws 
     establishes a rebuttable presumption that the signature 
     executed is that of the individual signing, that the 
     individual is aware of the contents of the document, and 
     intends to sign it.''.
       ``(b) Record Integrity.--The Secretary shall establish 
     procedures to ensure that when any electronic signature is 
     captured for any petition, application, or other document 
     submitted for purposes of obtaining an immigration benefit, 
     the identity of the person is verified and authenticated, and 
     the record of such identification and verification is 
     preserved for litigation purposes.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     inserting after the item relating to section 295, as added by 
     section 1126(a)(2) of this Act, the following:

``Sec. 296. Validity of signatures.''.
       (b) Criminal Cases.--
       (1) In general.--Chapter 223 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3513. Signatures relating to immigration matters

       ``In a criminal proceeding in a court of the United States, 
     if an individual's handwritten or electronic signature 
     appears on a petition, application, or other document 
     executed or provided for any purpose under the immigration 
     laws (as defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17)), the trier of fact may 
     infer that the document was signed by that individual, and 
     that the individual knew the contents of the document and 
     intended to sign the document.''.
       (2) Clerical amendment.--The table of sections for chapter 
     223 of title 18, United States Code, is amended by inserting 
     after the item relating to section 3512 the following:

``3513. Signatures relating to immigration matters.''.

 Subtitle H--Prohibition on Terrorists Obtaining Lawful Status in the 
                             United States

   CHAPTER 1--PROHIBITION ON ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 
                                 STATUS

     SEC. 1801. LAWFUL PERMANENT RESIDENTS AS APPLICANTS FOR 
                   ADMISSION.

       Section 101(a)(13)(C) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(13)(C)) is amended--
       (1) in clauses (i), (ii), (iii), and (iv), by striking the 
     comma at the end of each clause and inserting a semicolon;
       (2) in clause (v), by striking the ``, or'' and inserting a 
     semicolon;
       (3) in clause (vi), by striking the period at the end and 
     inserting ``; or'' and
       (4) by adding at the end the following:
       ``(vii) is described in section 212(a)(3) or 237(a)(4).''.

     SEC. 1802. DATE OF ADMISSION FOR PURPOSES OF ADJUSTMENT OF 
                   STATUS.

       (a) Applicants for Admission.--Section 101(a)(13) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(13)), as 
     amended by section 1801, is further amended by adding at the 
     end the following:
       ``(D) Notwithstanding subparagraph (A), adjustment of 
     status of an alien to that of an alien lawfully admitted for 
     permanent residence under section 245 or under any other 
     provision of law is an admission of the alien.''.
       (b) Eligibility to Be Removed for a Crime Involving Moral 
     Turpitude.--Section 237(a)(2)(A)(i)(I) of such Act (8 U.S.C. 
     1227(a)(2)(A)(i)(I)) is amended by striking ``date of 
     admission,'' inserting ``alien's most recent date of 
     admission;''.

     SEC. 1803. PRECLUDING ASYLEE AND REFUGEE ADJUSTMENT OF STATUS 
                   FOR CERTAIN GROUNDS OF INADMISSIBILITY AND 
                   DEPORTABILITY.

       (a) Grounds of Inadmissibility.--Section 209(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1159(c)) is amended 
     by striking ``(other than paragraph (2)(C) or subparagraph 
     (A), (B), (C), or (E) of paragraph (3))'', and inserting 
     ``(other than subparagraph (C) or (G) of paragraph (2) or 
     subparagraph (A), (B), (C), (E), (F), or (G) of paragraph 
     (3))''.
       (b) Grounds of Deportability.--Section 209 of such Act, as 
     amended by subsection (a), is further amended by adding at 
     the end the following:
       ``(d) An alien's status may not be adjusted under this 
     section if the alien is in removal proceedings under section 
     238 or 240 and is charged with any ground of deportability 
     under paragraph (2), (3), (4), or (6) of section 237(a).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act; and
       (2) all aliens who are required to establish admissibility 
     on or after such date in all removal, deportation, or 
     exclusion proceedings that are filed, pending, or reopened, 
     on or after such date.

     SEC. 1804. REVOCATION OF LAWFUL PERMANENT RESIDENT STATUS FOR 
                   HUMAN RIGHTS VIOLATORS.

       Section 240(b)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1229a(b)(5)) is amended by adding at the end the 
     following:
       ``(F) Additional application to certain aliens outside of 
     the united states who are associated with human rights 
     violations.--Subparagraphs (A) through (E) shall apply to any 
     alien placed in proceedings under this section who--
       ``(i) is outside of the United States;
       ``(ii) has been provided written notice in accordance with 
     section 239(a) (whether the alien is within or outside the 
     United States); and
       ``(iii) is described in section 212(a)(2)(G) (persons who 
     have committed particularly severe violations of religious 
     freedom), 212(a)(3)(E) (Nazi and other persecution, genocide, 
     war crimes, crimes against humanity, extrajudicial killing, 
     torture, or specified human rights violations), or 
     212(a)(3)(G) (recruitment or use of child soldiers).''.

     SEC. 1805. REMOVAL OF CONDITION ON LAWFUL PERMANENT RESIDENT 
                   STATUS PRIOR TO NATURALIZATION.

       Chapter 2 of title II of the Immigration and Nationality 
     Act (8 U.S.C. 1181 et seq.) is amended--

[[Page S1029]]

       (1) in section 216(e) (8 U.S.C. 1186a(e)), by inserting ``, 
     if the alien has had the conditional basis removed pursuant 
     to this section'' before the period at the end; and
       (2) in section 216A(e) (8 U.S.C. 1186b(e)), by inserting 
     ``, if the alien has had the conditional basis removed 
     pursuant to this section'' before the period at the end.

     SEC. 1806. PROHIBITION ON TERRORISTS AND ALIENS WHO POSE A 
                   THREAT TO NATIONAL SECURITY OR PUBLIC SAFETY 
                   FROM RECEIVING AN ADJUSTMENT OF STATUS.

       (a) Application for Adjustment of Status in the United 
     States.--
       (1) In general.--Section 245 of the Immigration and 
     Nationality Act (8 U.S.C. 1255) is amended by striking the 
     section heading and subsection (a) and inserting the 
     following:

     ``SEC. 245. ADJUSTMENT OF STATUS TO THAT OF A PERSON ADMITTED 
                   FOR PERMANENT RESIDENCE.

       ``(a) In General.--
       ``(1) Eligibility for adjustment.--The status of an alien 
     who was inspected and admitted or paroled into the United 
     States or the status of any other alien having an approved 
     petition for classification under the Violence Against Women 
     Act of 1994 (42 U.S.C. 13701 et seq.) as a spouse or child 
     who has been battered or subjected to extreme cruelty may be 
     adjusted by the Secretary or by the Attorney General, in the 
     discretion of the Secretary or the Attorney General, and 
     under such regulations as the Secretary or the Attorney 
     General may prescribe, to that of an alien lawfully admitted 
     for permanent residence if--
       ``(A) the alien files an application for such adjustment;
       ``(B) the alien is eligible to receive an immigrant visa, 
     is admissible to the United States for permanent residence, 
     and is not subject to exclusion, deportation, or removal from 
     the United States; and
       ``(C) an immigrant visa is immediately available to the 
     alien at the time the alien's application is filed.
       ``(2) Requirement to obtain an immigrant visa outside of 
     the united states.--Notwithstanding any other provision of 
     this section, if the Secretary determines that an alien may 
     be a threat to national security or public safety or if the 
     Secretary determines that a favorable exercise of discretion 
     to allow an alien to seek to adjust his or her status in the 
     United States is not warranted, the Secretary, in the 
     Secretary's sole and unreviewable discretion, may deny the 
     application for adjustment of status. If the Secretary denies 
     an application for adjustment of status under this paragraph, 
     the Secretary shall notify the Attorney General of such 
     decision and the Attorney General shall deny any application 
     for adjustment of status filed by the alien in an immigration 
     proceeding.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     striking the item relating to section 245 and inserting the 
     following:

``Sec. 245. Adjustment of status to that of a person admitted for 
              permanent residence.''.
       (b) Prohibition on Terrorists and Aliens Who Pose a Threat 
     to National Security or Public Safety on Adjustment to Lawful 
     Permanent Resident Status.--Section 245(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1255(c)) is amended to read as 
     follows:
       ``(c) Except for an alien who has an approved petition for 
     classification as a VAWA self-petitioner, subsection (a) 
     shall not apply to--
       ``(1) an alien crewman;
       ``(2) subject to subsection (k), any alien (other than an 
     immediate relative (as defined in section 201(b)) or a 
     special immigrant (as described in subparagraph (H), (I), 
     (J), or (K) of section 101(a)(27))) who--
       ``(A) continues in or accepts unauthorized employment 
     before filing an application for adjustment of status;
       ``(B) is in unlawful immigration status on the date he or 
     she files an application for adjustment of status; or
       ``(C) has failed (other than through no fault of his or her 
     own or for technical reasons) to maintain continuously a 
     lawful status since entry into the United States;
       ``(3) any alien admitted in transit without a visa under 
     section 212(d)(4)(C);
       ``(4) an alien (other than an immediate relative (as 
     defined in section 201(b))) who was admitted as a 
     nonimmigrant visitor without a visa under section 212(l) or 
     217;
       ``(5) an alien who was admitted as a nonimmigrant under 
     section 101(a)(15)(S);
       ``(6) an alien described in section 212(a)(3)(B) or in 
     subparagraph (B), (F), or (G) of section 237(a)(4);
       ``(7) any alien who seeks adjustment of status to that of 
     an immigrant under section 203(b) and is not in a lawful 
     nonimmigrant status;
       ``(8) any alien who has committed, ordered, incited, 
     assisted, or otherwise participated in the persecution of any 
     person on account of race, religion, nationality, membership 
     in a particular social group, or political opinion; or
       ``(9) any alien who--
       ``(A) was employed while the alien was an unauthorized 
     alien (as defined in section 274A(h)(3)); or
       ``(B) has otherwise violated the terms of a nonimmigrant 
     visa.''.

     SEC. 1807. TREATMENT OF APPLICATIONS FOR ADJUSTMENT OF STATUS 
                   DURING PENDING DENATURALIZATION PROCEEDINGS.

       (a) Visa Issuance.--Section 221(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(g)) is amended--
       (1) by inserting ``(1)'' before ``No visa'';
       (2) by striking ``if (1) it appears'' and inserting the 
     following: ``if--
       ``(A) it appears'';
       (3) by striking ``law, (2) the application'' and inserting 
     the following: ``law;
       ``(B) the application'';
       (4) by striking ``thereunder, or (3) the consular officer'' 
     and inserting the following: ``thereunder;
       ``(C) the consular officer'';
       (5) by striking ``provision of law: Provided, That a visa'' 
     and inserting the following: ``provision of law; or
       ``(D) the approved petition for classification under 
     section 203 or 204 that is the underlying basis for the 
     application for a visa was filed by an individual who has a 
     judicial proceeding pending against him or her that would 
     result in the individual's denaturalization under section 
     340.
       ``(2) A visa''; and
       (6) by striking ``section 213: Provided further, That a 
     visa'' and inserting the following: ``section 213.
       ``(3) A visa''.
       (b) Adjustment of Status.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1451), as amended by sections 
     1764 and 1806, is further amended by adding at the end the 
     following:
       ``(o) An application for adjustment of status may not be 
     considered or approved by the Secretary or the Attorney 
     General, and no court may order the approval of an 
     application for adjustment of status if the approved petition 
     for classification under section 204 that is the underlying 
     basis for the application for adjustment of status was filed 
     by an individual who has a judicial proceeding pending 
     against him or her that would result in the revocation of the 
     individual's naturalization under section 340.''.

     SEC. 1808. EXTENSION OF TIME LIMIT TO PERMIT RESCISSION OF 
                   PERMANENT RESIDENT STATUS.

       Section 246 of the Immigration and Nationality Act (8 
     U.S.C. 1256) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' after ``(a)'';
       (B) by striking ``within five years'' and inserting 
     ``within 10 years'';
       (C) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary''; and
       (D) by adding at the end the following:
       ``(2) In any removal proceeding involving an alien whose 
     status has been rescinded under this subsection, the 
     determination by the Secretary that the alien was not 
     eligible for adjustment of status is not subject to review or 
     reconsideration during such proceedings.''.
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Nothing in subsection (a) may be construed to require 
     the Secretary to rescind the alien's status before the 
     commencement of removal proceedings under section 240. The 
     Secretary may commence removal proceedings at any time 
     against any alien who is removable, including aliens whose 
     status was adjusted to that of an alien lawfully admitted for 
     permanent residence under section 245 or 249 or under any 
     other provision of law. There is no statute of limitations 
     with respect to the commencement of removal proceedings under 
     section 240. An order of removal issued by an immigration 
     judge shall be sufficient to rescind the alien's status.''.

     SEC. 1809. BARRING PERSECUTORS AND TERRORISTS FROM REGISTRY.

       Section 249 of the Immigration and Nationality Act (8 
     U.S.C. 1259) is amended to read as follows:

     ``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN 
                   THE CASE OF CERTAIN ALIENS WHO ENTERED THE 
                   UNITED STATES PRIOR TO JANUARY 1, 1972.

       ``(a) In General.--The Secretary, in the discretion of the 
     Secretary and under such regulations as the Secretary may 
     prescribe, may enter a record of lawful admission for 
     permanent residence in the case of any alien, if no such 
     record is otherwise available and the alien--
       ``(1) entered the United States before January 1, 1972;
       ``(2) has continuously resided in the United States since 
     such entry;
       ``(3) has been a person of good moral character since such 
     entry;
       ``(4) is not ineligible for citizenship;
       ``(5) is not described in paragraph (1)(A)(iv), (2), (3), 
     (6)(C), (6)(E), (8), or (9)(C) of section 212(a);
       ``(6) is not described in paragraph (1)(E), (1)(G), (2), 
     (4) of section 237(a); and
       ``(7) did not, at any time, without reasonable cause, fail 
     or refuse to attend or remain in attendance at a proceeding 
     to determine the alien's inadmissibility or deportability.
       ``(b) Recordation Date of Permanent Residence.--The record 
     of an alien's lawful admission for permanence residence shall 
     be the date on which the Secretary approves the application 
     for such status under this section.''.

[[Page S1030]]

  


 CHAPTER 2--PROHIBITION ON NATURALIZATION AND UNITED STATES CITIZENSHIP

     SEC. 1821. BARRING TERRORISTS FROM BECOMING NATURALIZED 
                   UNITED STATES CITIZENS.

       (a) In General.--Section 316 of the Immigration and 
     Nationality Act (8 U.S.C. 1427) is amended by adding at the 
     end the following:
       ``(g)(1)(A) Except as provided in subparagraph (B), a 
     person may not be naturalized if the Secretary determines, in 
     the discretion of the Secretary, that the alien is described 
     in section 212(a)(3) or 237(a)(4) at any time, including any 
     period before or after the filing of an application for 
     naturalization.
       ``(B) Subparagraph (A) shall not apply to an alien 
     described in section 212(a)(3) if--
       ``(i) the alien received an exemption under section 
     212(d)(3)(B)(i); and
       ``(ii) the only conduct or actions by the alien that are 
     described in section 212(a)(3) (and would bar the alien from 
     naturalization under this paragraph) are specifically covered 
     by the exemption referred to in clause (i).
       ``(2) A determination under paragraph (1) may be based upon 
     any relevant information or evidence, including classified, 
     sensitive, or national security information.''.
       (b) Applicability to Citizenship Through Naturalization of 
     Parent or Spouse.--Section 340(d) of such Act (8 U.S.C. 
     1451(d)) is amended--
       (1) by striking the first sentence and inserting the 
     following:
       ``(1) A person who claims United States citizenship through 
     the naturalization of a parent or spouse shall be deemed to 
     have lost his or her citizenship, and any right or privilege 
     of citizenship which he or she may have acquired, or may 
     hereafter acquire by virtue of the naturalization of such 
     parent or spouse, if the order granting citizenship to such 
     parent or spouse is revoked and set aside under the 
     provisions of--
       ``(A) subsection (a) on the ground that the order and 
     certificate of naturalization were procured by concealment of 
     a material fact or by willful misrepresentation; or
       ``(B) subsection (e) pursuant to a conviction under section 
     1425 of title 18, United States Code.''.
       (2) in the second sentence, by striking ``Any person'' and 
     inserting the following:
       ``(2) Any person''.

     SEC. 1822. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(f)), as 
     amended by sections 1710(d), 1712(h), and 1713(d), is further 
     amended--
       (1) in paragraph (8), by inserting ``, regardless of 
     whether the crime was classified as an aggravated felony at 
     the time of conviction'' before the semicolon at the end;
       (2) by inserting after paragraph (11), the following:
       ``(12) one who the Secretary or the Attorney General 
     determines, in the unreviewable discretion of the Secretary 
     or the Attorney General, to have been an alien described in 
     section 212(a)(3) or 237(a)(4), which determination--
       ``(A) may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information; and
       ``(B) shall be binding upon any court regardless of the 
     applicable standard of review.''; and
       (3) in the undesignated matter at the end, by striking the 
     first sentence and inserting following:
     ``The fact that a person is not within any of the foregoing 
     classes shall not preclude a discretionary finding for other 
     reasons that such a person is or was not of good moral 
     character. The Secretary or the Attorney General shall not be 
     limited to the applicant's conduct during the period for 
     which good moral character is required, but may take into 
     consideration as a basis for determination the applicant's 
     conduct and acts at any time. The Secretary or the Attorney 
     General, in the unreviewable discretion of the Secretary or 
     the Attorney General, may determine that paragraph (8) shall 
     not apply to a single aggravated felony conviction (other 
     than murder, manslaughter, homicide, rape, or any sex offense 
     when the victim of such sex offense was a minor) for which 
     completion of the term of imprisonment or the sentence 
     (whichever is later) occurred 15 years or longer before the 
     date on which the person filed an application under this 
     Act.''.
       (b) Aggravated Felons.--Section 509(b) of the Immigration 
     Act of 1990 (8 U.S.C. 1101 note; Public Law 101-649) is 
     amended by striking ``convictions'' and all that follows and 
     inserting ``convictions occurring before, on, or after such 
     date.''.
       (c) Effective Dates; Application.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     shall apply to any act that occurred before, on, or after 
     such date of enactment, and shall apply to any application 
     for naturalization or any other benefit or relief, or any 
     other case or matter under the immigration laws pending on or 
     filed after such date of enactment.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall take effect as if included in the enactment of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458).

     SEC. 1823. PROHIBITION ON JUDICIAL REVIEW OF NATURALIZATION 
                   APPLICATIONS FOR ALIENS IN REMOVAL PROCEEDINGS.

       Section 318 of the Immigration and Nationality Act (8 
     U.S.C. 1429) is amended to read as follows:

     ``SEC. 318. PREREQUISITE TO NATURALIZATION; BURDEN OF PROOF.

       ``(a) In General.--Except as otherwise provided in this 
     chapter, no person may be naturalized unless he or she has 
     been lawfully admitted to the United States for permanent 
     residence in accordance with all applicable provisions of 
     this chapter.
       ``(b) Burden of Proof.--A person described in subsection 
     (a) shall have the burden of proof to show that he or she 
     entered the United States lawfully, and the time, place, and 
     manner of such entry into the United States. In presenting 
     such proof, the person is entitled to the production of his 
     or her immigrant visa, if any, or of other entry document, if 
     any, and of any other documents and records, not considered 
     by the Secretary to be confidential, pertaining to such 
     entry, in the custody of the Department.
       ``(c) Limitations on Review.--Notwithstanding section 
     405(b), and except as provided in sections 328 and 329--
       ``(1) a person may not be naturalized against whom there is 
     outstanding a final finding of removal, exclusion, or 
     deportation;
       ``(2) an application for naturalization may not be 
     considered by the Secretary or by any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced; and
       ``(3) the findings of the Attorney General in terminating 
     removal proceedings or in cancelling the removal of an alien 
     pursuant to this Act may not be deemed binding in any way 
     upon the Secretary with respect to the question of whether 
     such person has established his or her eligibility for 
     naturalization under this Act.''.

     SEC. 1824. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY HAS NOT 
                   MADE DECISION ON NATURALIZATION APPLICATION AND 
                   ON DENIALS.

       (a) Limitation on Review of Pending Naturalization 
     Applications.--Section 336 of the Immigration and Nationality 
     Act (8 U.S.C. 1447) is amended--
       (1) in subsection (a), by striking ``If,'' and inserting 
     the following:
       ``(b) In General.--If,''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Request for Hearing Before District Court.--If a 
     final administrative determination is not made on an 
     application for naturalization under section 335 before the 
     end of the 180-day period beginning on the date on which the 
     Secretary completes all examinations and interviews under 
     such section (as such terms are defined by the Secretary, by 
     regulation), the applicant may apply to the district court 
     for the district in which the applicant resides for a hearing 
     on the matter. Such court shall only have jurisdiction to 
     review the basis for delay and remand the matter to the 
     Secretary for the Secretary's determination on the 
     application.''.
       (b) Limitations on Review of Denial.--Section 310 of the 
     Immigration and Nationality Act (8 U.S.C. 1421) is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Judicial Review.--
       ``(1) Judicial review of denial.--A person whose 
     application for naturalization under this title is denied 
     may, not later than 120 days after the date of the 
     Secretary's administratively final determination on the 
     application and after a hearing before an immigration officer 
     under section 336(a), seek review of such denial before the 
     United States district court for the district in which such 
     person resides in accordance with chapter 7 of title 5, 
     United States Code.
       ``(2) Burden of proof.--The petitioner shall have burden of 
     proof to show that the Secretary's denial of the application 
     for naturalization was not supported by facially legitimate 
     and bona fide reasons.
       ``(3) Limitations on review.--Except in a proceeding under 
     section 340, and notwithstanding any other provision of law, 
     including section 2241 of title 28, United States Code, any 
     other habeas corpus provision, and sections 1361 and 1651 of 
     such title, no court shall have jurisdiction to determine, or 
     to review a determination of the Secretary made at any time 
     regarding, whether, for purposes of an application for 
     naturalization, an alien--
       ``(A) is a person of good moral character;
       ``(B) understands and is attached to the principles of the 
     Constitution of the United States; or
       ``(C) is well disposed to the good order and happiness of 
     the United States.'';
       (2) in subsection (d)--
       (A) by inserting ``subpoenas.--'' before ``The immigration 
     officer'';
       (B) by striking ``subpena'' and inserting ``subpoena''; and
       (C) by striking ``subpenas'' each place such term appears 
     and inserting ``subpoenas''; and
       (3) in subsection (e), by inserting ``Name Change.--'' 
     before ``It shall''.
       (c) Effective Date; Application.--The amendments made by 
     this section--
       (1) shall take effect on the date of the enactment of this 
     Act;
       (2) shall apply to any act that occurred before, on, or 
     after such date of enactment; and
       (3) shall apply to any application for naturalization or 
     any other case or matter under the immigration laws that is 
     pending on, or filed after, such date of enactment.

[[Page S1031]]

  


     SEC. 1825. CLARIFICATION OF DENATURALIZATION AUTHORITY.

       Section 340 of the Immigration and Nationality Act (8 
     U.S.C. 1451) is amended--
       (1) in subsection (a), by striking ``United States 
     attorneys for the respective districts'' and inserting 
     ``Attorney General''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) The Government shall have the burden of proof to 
     establish, by clear, unequivocal, and convincing evidence, 
     that an order granting citizenship to an alien should be 
     revoked and a certificate of naturalization cancelled because 
     such order and certificate were illegally procured or were 
     procured by concealment of a material fact or by willful 
     misrepresentation.''.

     SEC. 1826. DENATURALIZATION OF TERRORISTS.

       (a) Denaturalization for Terrorists Activities.--Section 
     340 of the Immigration and Nationality Act, as amended by 
     section 1825, is further amended--
       (1) by redesignating subsections (d) through (h) as 
     subsections (f) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d)(1) If a person who has been naturalized, during the 
     15-year period after such naturalization, participates in any 
     act described in paragraph (2)--
       ``(A) such act shall be considered prima facie evidence 
     that such person was not attached to the principles of the 
     Constitution of the United States and was not well disposed 
     to the good order and happiness of the United States at the 
     time of naturalization; and
       ``(B) in the absence of countervailing evidence, such act 
     shall be sufficient in the proper proceeding to authorize the 
     revocation and setting aside of the order admitting such 
     person to citizenship and the cancellation of the certificate 
     of naturalization as having been obtained by concealment of a 
     material fact or by willful misrepresentation; and
       ``(C) such revocation and setting aside of the order 
     admitting such person to citizenship and such canceling of 
     certificate of naturalization shall be effective as of the 
     original date of the order and certificate, respectively.
       ``(2) The acts described in this paragraph that shall 
     subject a person to a revocation and setting aside of his or 
     her naturalization under paragraph (1)(B) are--
       ``(A) any activity a purpose of which is the opposition to, 
     or the control or overthrow of, the Government of the United 
     States by force, violence, or other unlawful means;
       ``(B) engaging in a terrorist activity (as defined in 
     clauses (iii) and (iv) of section 212(a)(3)(B));
       ``(C) endorsing or espousing terrorist activity, or 
     persuading others to endorse or espouse terrorist activity or 
     a terrorist organization; and
       ``(D) receiving military-type training (as defined in 
     section 2339D(c)(1) of title 18, United States Code) from or 
     on behalf of any organization that, at the time the training 
     was received, was a terrorist organization (as defined in 
     section 212(a)(3)(B)(vi)).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur on or after such date.

     SEC. 1827. TREATMENT OF PENDING APPLICATIONS DURING 
                   DENATURALIZATION PROCEEDINGS.

       (a) In General.--Section 204(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(b)) is amended--
       (1) by striking ``After'' and inserting ``(1) Except as 
     provided in paragraph (2), after''; and
       (2) by adding at the end the following:
       ``(2) The Secretary may not adjudicate or approve any 
     petition filed under this section by an individual who has a 
     judicial proceeding pending against him or her that would 
     result in the individual's denaturalization under section 340 
     until--
       ``(A) such proceedings have concluded; and
       ``(B) the period for appeal has expired or any appeals have 
     been finally decided, if applicable.''.
       (b) Withholding of Immigration Benefits.--Section 340 of 
     such Act (8 U.S.C. 1451), as amended by sections 1825 and 
     1826, is further amended by inserting after subsection (d), 
     as added by section 1826(a)(2), the following:
       ``(e) The Secretary may not approve any application, 
     petition, or request for any immigration benefit from an 
     individual against whom there is a judicial proceeding 
     pending that would result in the individual's 
     denaturalization under this section until--
       ``(1) such proceedings have concluded; and
       ``(2) the period for appeal has expired or any appeals have 
     been finally decided, if applicable.''.

     SEC. 1828. NATURALIZATION DOCUMENT RETENTION.

       (a) In General.--Chapter 2 of title III of the Immigration 
     and Nationality Act (8 U.S.C. 1421 et seq.) is amended by 
     inserting after section 344 the following:

     ``SEC. 345. NATURALIZATION DOCUMENT RETENTION.

       ``(a) In General.--The Secretary shall retain all documents 
     described in subsection (b) for a minimum of 7 years for law 
     enforcement and national security investigations and for 
     litigation purposes, regardless of whether such documents are 
     scanned into U.S. Citizenship and Immigration Services' 
     electronic immigration system or stored in any electronic 
     format.
       ``(b) Documents to Be Retained.--The documents described in 
     this subsection are--
       ``(1) the original paper naturalization application and all 
     supporting paper documents submitted with the application at 
     the time of filing, subsequent to filing, and during the 
     course of the naturalization interview; and
       ``(2) any paper documents submitted in connection with an 
     application for naturalization that is filed 
     electronically.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the Immigration and Nationality Act is amended by 
     inserting after the item relating to section 344 the 
     following:

``Sec. 345. Naturalization document retention.''.

CHAPTER 3--FORFEITURE OF PROCEEDS FROM PASSPORT AND VISA OFFENSES, AND 
                          PASSPORT REVOCATION.

     SEC. 1831. FORFEITURE OF PROCEEDS FROM PASSPORT AND VISA 
                   OFFENSES.

       Section 981(a)(1) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(J) Any real or personal property that has been used to 
     commit, or to facilitate the commission of, a violation of 
     chapter 75, the gross proceeds of such violation, and any 
     property traceable to any such property or proceeds.''.

     SEC. 1832. PASSPORT REVOCATION ACT.

       (a) Short Title.--This section may be cited as the 
     ``Passport Revocation Act''.
       (b) Revocation or Denial of Passports and Passport Cards to 
     Individuals Who Are Affiliated With Foreign Terrorist 
     Organizations.--The Act entitled ``An Act to regulate the 
     issue and validity of passports, and for other purposes'', 
     approved July 3, 1926 (22 U.S.C. 211a et seq.), which is 
     commonly known as the ``Passport Act of 1926'', is amended by 
     adding at the end the following:

     ``SEC. 5. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT 
                   CARD.

       ``(a) Ineligibility.--
       ``(1) Issuance.--Except as provided under subsection (b), 
     the Secretary of State shall refuse to issue a passport or a 
     passport card to any individual--
       ``(A) who has been convicted of a violation of chapter 113B 
     of title 18, United States Code; or
       ``(B)(i) whom the Secretary has determined is a member of 
     or is otherwise affiliated with an organization the Secretary 
     has designated as a foreign terrorist organization pursuant 
     to section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189); or
       ``(ii) has aided, abetted, or provided material support to 
     an organization described in clause (i).
       ``(2) Revocation.--The Secretary of State shall revoke a 
     passport previously issued to any individual described in 
     paragraph (1).
       ``(b) Exceptions.--
       ``(1) Emergency circumstances, humanitarian reasons, and 
     law enforcement purposes.--Notwithstanding subsection (a), 
     the Secretary of State may issue, or decline to revoke, a 
     passport of an individual described in such subsection in 
     emergency circumstances, for humanitarian reasons, or for law 
     enforcement purposes.
       ``(2) Limitation for return to united states.--
     Notwithstanding subsection (a)(2), the Secretary of State, 
     before revocation, may--
       ``(A) limit a previously issued passport for use only for 
     return travel to the United States; or
       ``(B) issue a limited passport that only permits return 
     travel to the United States.
       ``(c) Right of Review.--Any individual who, in accordance 
     with this section, is denied issuance of a passport by the 
     Secretary of State, or whose passport is revoked or otherwise 
     limited by the Secretary of State, may request a hearing 
     before the Secretary of State not later than 60 days after 
     receiving notice of such denial, revocation, or limitation.
       ``(d) Report.--If the Secretary of State denies, issues, 
     limits, or declines to revoke a passport or passport card 
     under subsection (b), the Secretary, not later than 30 days 
     after such denial, issuance, limitation, or revocation, shall 
     submit a report to Congress that describes such denial, 
     issuance, limitation, or revocation, as appropriate.''.

       TITLE II--PERMANENT REAUTHORIZATION OF VOLUNTARY E-VERIFY

     SEC. 2001. PERMANENT REAUTHORIZATION.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) is amended by striking 
     ``Unless the Congress otherwise provides, the Secretary of 
     Homeland Security shall terminate a pilot program on 
     September 30, 2015.''.

     SEC. 2002. PREEMPTION; LIABILITY.

       Section 402 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
     by adding at the end the following:
       ``(g) Limitation on State Authority.--
       ``(1) Preemption.--A State or local government may not 
     prohibit a person or other entity from verifying the 
     employment authorization of new hires or current employees 
     through E-Verify.
       ``(2) Liability.--A person or other entity that 
     participates in E-Verify may not be held liable under any 
     Federal, State, or local law for any employment-related 
     action taken with respect to the wrongful termination of an 
     individual in good faith reliance on information provided 
     through E-Verify.''.

[[Page S1032]]

  


     SEC. 2003. INFORMATION SHARING.

       The Commissioner of Social Security, the Secretary of 
     Homeland Security, and the Secretary of the Treasury shall 
     jointly establish a program to share information among their 
     respective agencies that could lead to the identification of 
     unauthorized aliens (as defined in section 274A(h)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)), 
     including no-match letters and any information in the 
     earnings suspense file.

     SEC. 2004. SMALL BUSINESS DEMONSTRATION PROGRAM.

       Section 403 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Small Business Demonstration Program.--Not later than 
     9 months after the date of enactment of the SECURE and 
     SUCCEED Act, the Director of U.S. Citizenship and Immigration 
     Services shall establish a demonstration program that assists 
     small businesses in rural areas or areas without internet 
     capabilities to verify the employment eligibility of newly 
     hired employees solely through the use of publicly accessible 
     internet terminals.''.

     SEC. 2005. FRAUD PREVENTION.

       (a) Blocking Misused Social Security Account Numbers.--The 
     Secretary of Homeland Security, in consultation with the 
     Commissioner of Social Security, shall establish a program in 
     which Social Security account numbers that have been 
     identified to be subject to unusual multiple use in the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)), or that are otherwise suspected or 
     determined to have been compromised by identity fraud or 
     other misuse, shall be blocked from use for such system 
     purposes unless the individual using such number is able to 
     establish, through secure and fair additional security 
     procedures, that the individual is the legitimate holder of 
     the number.
       (b) Allowing Suspension of Use of Certain Social Security 
     Account Numbers.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program that provides a reliable, secure method 
     by which victims of identity fraud and other individuals may 
     suspend or limit the use of their Social Security account 
     number or other identifying information for purposes of the 
     employment eligibility verification system established under 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)). The Secretary may implement the program on 
     a limited pilot program basis before making it fully 
     available to all individuals.
       (c) Allowing Parents to Prevent Theft of Their Child's 
     Identity.--The Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, shall 
     establish a program that provides a reliable, secure method 
     by which parents or legal guardians may suspend or limit the 
     use of the Social Security account number or other 
     identifying information of a minor under their care for the 
     purposes of the employment eligibility verification system 
     established under 274A(d) of the Immigration and Nationality 
     Act (8 U.S.C. 1324a(d)). The Secretary may implement the 
     program on a limited pilot program basis before making it 
     fully available to all individuals.

     SEC. 2006. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, after consultation with the Commissioner of Social 
     Security and the Director of the National Institute of 
     Standards and Technology, shall establish, by regulation, not 
     fewer than 2 Identity Authentication Employment Eligibility 
     Verification pilot programs (referred to in this section as 
     the ``Authentication Pilots''), each of which shall use a 
     separate and distinct technology.
       (b) Purpose.--The purpose of the Authentication Pilots 
     shall be to provide for identity authentication and 
     employment eligibility verification with respect to enrolled 
     new employees to any employer that elects to participate in 
     an Authentication Pilot.
       (c) Cancellation.--Any participating employer may cancel 
     the employer's participation in an Authentication Pilot after 
     1 year after electing to participate without prejudice to 
     future participation.
       (d) Report.--Not later than 12 months after commencement of 
     the Authentication Pilots, the Secretary 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 includes the Secretary's findings on the 
     Authentication Pilots and the authentication technologies 
     chosen.

                         TITLE III--SUCCEED ACT

     SEC. 3001. SHORT TITLES.

       This title may be cited as the ``Solution for Undocumented 
     Children through Careers, Employment, Education, and 
     Defending our Nation Act'' or the ``SUCCEED Act''.

     SEC. 3002. DEFINITIONS.

       In this title:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this title that is also used in the 
     immigration laws shall have the meaning given such term in 
     the immigration laws.
       (2) Alien enlistee.--The term ``alien enlistee'' means a 
     conditional temporary resident that seeks to maintain or 
     extend such status by complying with the requirements under 
     this title relating to enlistment and service in the Armed 
     Forces of the United States.
       (3) Alien postsecondary student.--The term ``alien 
     postsecondary student'' means a conditional temporary 
     resident that seeks to maintain or extend such status by 
     complying with the requirements under this title relating to 
     enrollment in, and graduation from, an institution of higher 
     education in the United States.
       (4) Conditional temporary resident.--
       (A) Definition.--The term ``conditional temporary 
     resident'' means an alien described in subparagraph (B) who 
     is granted conditional temporary resident status under this 
     title.
       (B) Description.--An alien granted conditional temporary 
     resident status under this title--
       (i) shall not be considered to be an alien who is 
     unlawfully present in the United States for purposes of the 
     immigration laws, including section 505 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1623);
       (ii) shall not be permitted to apply for adjustment of 
     status under section 245(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(a)) until the date on which 
     the alien is permitted to so apply under section 3005;
       (iii) has the intention to permanently reside in the United 
     States;
       (iv) is not required to have a foreign residence which the 
     alien has no intention of abandoning; and
       (v) on the date on which the alien is eligible to apply for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence under section 3005, the shall be 
     considered to have been inspected and admitted for the 
     purposes of section 245(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1255(a)).
       (5) Federal public benefit.--The term ``Federal public 
     benefit'' means--
       (A) the American Opportunity Tax Credit authorized under 
     section 25A(i) of the Internal Revenue Code of 1986;
       (B) the Earned Income Tax Credit authorized under section 
     32 of the Internal Revenue Code of 1986;
       (C) the Health Coverage Tax Credit authorized under section 
     35 of the Internal Revenue Code of 1986;
       (D) Social Security benefits authorized under title II of 
     the Social Security Act (42 U.S.C. 401 et seq.);
       (E) Medicare benefits authorized under title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.); and
       (F) benefits received under the Federal-State Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note).
       (6) Immigration laws.--The term ``immigration laws'' has 
     the meaning given the 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'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002), except that the term does not include an 
     institution of higher education outside of the United States.
       (8) Military-related terms.--The terms ``active duty'', 
     ``active service'', ``active status'', and ``armed forces'' 
     have the meanings given those terms in section 101 of title 
     10, United States Code.
       (9) Applicable federal tax liability.--The term 
     ``applicable Federal tax liability'' means liability for 
     Federal taxes imposed under the Internal Revenue Code of 
     1986, including any penalties and interest on such taxes.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (11) Significant misdemeanor.--The term ``significant 
     misdemeanor'' means--
       (A) a criminal offense involving--
       (i) domestic violence;
       (ii) sexual abuse or exploitation, including sexually 
     explicit conduct involving minors (as such terms are defined 
     in section 2256 of title 18, United States Code);
       (iii) burglary;
       (iv) unlawful possession or use of a firearm;
       (v) drug distribution or trafficking; or
       (vi) driving under the influence or driving while 
     intoxicated; or
       (B) any other misdemeanor for which the individual was 
     sentenced to a term of imprisonment of not less than 90 days 
     (excluding a suspended sentence).

     SEC. 3003. CANCELLATION OF REMOVAL OF CERTAIN LONG-TERM 
                   RESIDENTS WHO ENTERED THE UNITED STATES AS 
                   CHILDREN.

       (a) Special Rule for Certain Long-term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this title, the Secretary 
     may cancel the removal of an alien who is inadmissible or 
     deportable from the United States and grant the alien 
     conditional temporary resident status under this title, if--
       (A) the alien has been physically present in the United 
     States for a continuous period since June 15, 2012;
       (B) the alien was younger than 16 years of age on the date 
     on which the alien initially entered the United States;
       (C) on June 15, 2012, the alien--
       (i) was younger than 31 years of age; and

[[Page S1033]]

       (ii) had no lawful status in the United States;
       (D) in the case of an alien who is 18 years of age or older 
     on the date of enactment of this Act, the alien--
       (i) meets the other requirements of this section; and
       (ii)(I) has, while in the United States, earned a high 
     school diploma, obtained a general education development 
     certificate recognized under State law, or received a high 
     school equivalency diploma;
       (II) has been admitted to an institution of higher 
     education in the United States; or
       (III) has served, is serving, or has enlisted in the Armed 
     Forces of the United States;
       (E) in the case of an alien who is younger than 18 years of 
     age on the date of enactment of this Act, the alien--
       (i) meets the other requirements of this section; and
       (ii)(I) is attending, or has enrolled in, a primary or 
     secondary school; or
       (II) is attending, or has enrolled in, a postsecondary 
     school;
       (F) the alien has been a person of good moral character (as 
     defined in section 101(f) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(f))) since the date on which the alien 
     initially entered the United States;
       (G) the alien has paid any applicable Federal tax liability 
     or has agreed to cure such liability through a payment 
     installment plan that has been approved by the Internal 
     Revenue Service; and
       (H) the alien, subject to paragraph (2)--
       (i) is not inadmissible under paragraph (1), (2), (3), (4), 
     (6)(C), (6)(E), (8), (9)(C), or (10) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)), and is 
     not inadmissible under subparagraph (A) of section 212(a)(9) 
     of such Act (unless the Secretary determines that the sole 
     basis for the alien's removal under such subparagraph was 
     unlawful presence under subparagraph (B) or (C) of such 
     section 212(a)(9));
       (ii) is not deportable under paragraph (1)(D), (1)(E), 
     (1)(G), (2), (3), (4), (5), or (6) of section 237(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a));
       (iii) 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;
       (iv) does not, in the sole and unreviewable discretion of 
     the Secretary, pose a threat to national security or public 
     safety;
       (v) is not a person who the Secretary knows, or has reason 
     to believe--

       (I) is a member of a criminal gang; or
       (II) has participated in an activity of a criminal gang, 
     knowing or having reason to believe that the activity 
     promoted, furthered, aided, or supported, or will promote, 
     further, aid, or support, the illegal activity of the 
     criminal gang; and

       (vi) has not been convicted of--

       (I) a felony under Federal or State law, regardless of the 
     sentence imposed;
       (II) any combination of offenses under Federal or State law 
     for which the alien was sentenced to imprisonment for at 
     least 1 year;
       (III) a significant misdemeanor; and
       (IV) 3 or more misdemeanors; and

       (I) the alien has never been under a final administrative 
     or judicial order of exclusion, deportation, or removal, 
     unless the alien--
       (i) has remained in the United States under color of law 
     after such final order was issued; or
       (ii) received the final order before attaining 18 years of 
     age.
       (2) Waiver.--
       (A) In general.--The Secretary, in the discretion of the 
     Secretary, may waive, on a case-by-case basis, a ground of 
     inadmissibility under paragraph (1), (4), (6)(B), or (6)(E) 
     of section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)), and a ground of deportability under 
     paragraph (A), (B), (C), or (E) of section 237(a)(1) of such 
     Act (8 U.S.C. 1227(a)(1)) for humanitarian purposes or if 
     such waiver is otherwise in the public interest.
       (B) Quarterly report.--Not later than 180 days after the 
     date of the enactment of this Act, and quarterly thereafter, 
     the Secretary shall submit a report to Congress that 
     identifies--
       (i) the number of waivers under this paragraph that were 
     requested by aliens during the preceding quarter;
       (ii) the number of such requests that were granted; and
       (iii) the number of such requests that were denied.
       (C) Judicial review.--Notwithstanding any other provision 
     of law (statutory or nonstatutory), including sections 2241 
     of title 28, United States Code, any other habeas corpus 
     provision, and sections 1361 and 1651 of title 28, United 
     States Code, a court shall not have jurisdiction to review a 
     determination made by the Secretary under subparagraph (A).
       (3) Procedures.--
       (A) Application for affirmative relief.--
       (i) Regulations.--

       (I) In general.--The Secretary shall issue regulations that 
     provide a procedure for eligible individuals to affirmatively 
     apply for the relief available under this subsection without 
     being placed in removal proceedings.
       (II) Requirements.--The regulations issued under subclause 
     (I)--

       (aa) shall establish a date after which an alien may not 
     seek relief under this title; and
       (bb) shall not allow an affidavit or a sworn statement to 
     be considered sufficient evidence to establish any claim 
     under this title.
       (ii) Electronic submission.--An alien shall submit 
     electronically an application for relief under this title 
     that includes all supporting documentation, in accordance 
     with the regulations issued under clause (i).
       (iii) Judicial review.--Notwithstanding any other provision 
     of law (statutory or nonstatutory), including sections 2241 
     of title 28, United States Code, any other habeas corpus 
     provision, and sections 1361 and 1651 of title 28, United 
     States Code, a court shall not have jurisdiction to review a 
     determination by the Secretary with respect to an application 
     under this subsection.
       (iv) Deadline for application.--An alien shall submit an 
     application under this section not later than the later of--

       (I) in the case of an alien who is 18 years of age or 
     older, 1 year after the date on which the Secretary begins 
     accepting applications; and
       (II) 180 days after the date on which the alien attains 18 
     years of age.

       (v) Fee.--With respect to an application under this 
     subsection, the Secretary shall collect a fee in an amount 
     that will ensure the recovery of the full costs of 
     administering the application and adjudication process.
       (B) Acknowledgment to bars to relief.--
       (i) Acknowledgment of notification.--The regulations issued 
     pursuant to subparagraph (A) shall include a requirement that 
     each alien applying for conditional temporary resident status 
     under this title who is at least 18 years of age sign, under 
     penalty of perjury, an acknowledgment confirming that the 
     alien was notified and understands that he or she will be 
     ineligible for any form of relief or immigration benefit 
     under this title or other immigration laws other than 
     withholding of removal under section 241(b)(3), or relief 
     from removal based on a claim under the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York, December 10, 1984, if the alien 
     violates a term for conditional temporary resident status 
     under this title.
       (ii) Exception.--Notwithstanding an acknowledgment under 
     clause (ii), the Secretary, in the discretion of the 
     Secretary, may allow an alien who violated the terms of 
     conditional temporary resident status (other than a criminal 
     alien or an alien deemed to be a national security or public 
     safety risk) to seek relief from removal if the Secretary 
     determines that such relief is warranted for humanitarian 
     purposes or if otherwise in the public interest.
       (iii) Judicial review.--Notwithstanding any other provision 
     of law (statutory or nonstatutory), including section 2241 of 
     title 28, United States Code, any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, no court 
     shall have jurisdiction to review a determination by the 
     Secretary under clause (ii).
       (4) Submission of biometric and biographic data.--
       (A) In general.--The Secretary may not cancel the removal 
     of, or grant temporary permanent resident status to, an alien 
     under this title before the date on which--
       (i) the alien submits biometric and biographic data, in 
     accordance with procedures established by the Secretary; and
       (ii) the Secretary receives and reviews the results of the 
     background and security checks of the alien under paragraph 
     (5).
       (B) Alternative procedure.--The Secretary shall provide an 
     alternative procedure for any applicant who is unable to 
     provide the biometric or biographic data referred to in 
     subparagraph (A) due to a physical disability or impairment.
       (5) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines to be appropriate, including information 
     obtained pursuant to subparagraph (C)--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking relief under this subsection; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such relief.
       (B) Completion of background checks.--The security and law 
     enforcement background checks required under subparagraph (A) 
     shall be completed, to the satisfaction of the Secretary, 
     before the date on which the Secretary cancels the removal of 
     an alien under this title.
       (C) Criminal record requests.--The Secretary, in 
     cooperation with the Secretary of State, shall seek to obtain 
     information about any criminal activity the alien engaged in, 
     or for which the alien was convicted in his or her country of 
     nationality, country of citizenship, or country of last 
     habitual residence, from INTERPOL, EUROPOL, or any other 
     international or national law enforcement agency of the 
     alien's country of nationality, country of citizenship, or 
     country of last habitual residence.
       (6) Medical examination.--An alien applying for relief 
     available under this subsection shall undergo a medical 
     examination conducted by a designated civil surgeon pursuant 
     to procedures established by the Secretary.
       (7) Interview.--The Secretary may conduct an in-person 
     interview of an applicant for conditional temporary resident 
     status as part of a determination with respect to whether the 
     alien meets the eligibility requirements described in this 
     section.

[[Page S1034]]

       (8) Military selective service.--An alien applying for 
     relief available under this subsection shall establish that 
     the alien has registered for the Selective Service under the 
     Military Selective Service Act (50 U.S.C. App. 451 et seq.) 
     if the alien is subject to such registration requirement 
     under such Act.
       (9) Treatment of expunged convictions.--
       (A) In general.--The Secretary shall evaluate expunged 
     convictions on a case-by-case basis according to the nature 
     and severity of the offense to determine whether, under the 
     particular circumstances, an alien may be eligible for--
       (i) conditional temporary resident status under this title; 
     or
       (ii) adjustment to that of an alien lawfully admitted for 
     permanent residence under section 3005.
       (B) Judicial review.--Notwithstanding any other provision 
     of law (statutory or nonstatutory), including section 2241 of 
     title 28, United States Code, any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, no court 
     shall have jurisdiction to review a determination by the 
     Secretary under subparagraph (A).
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under subsection (a) 
     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)).
       (c) Treatment of Certain Breaks in Presence.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien shall be considered to have failed to maintain 
     continuous physical presence in the United States under 
     subsection (a)(1)(A) if the alien has departed from the 
     United States for--
       (A) any period exceeding 90 days; or
       (B) any periods exceeding 180 days, in the aggregate, 
     during a 5-year period.
       (2) Extensions for exceptional circumstances.--The 
     Secretary may extend the periods described in paragraph (1) 
     by 90 days if the alien demonstrates that the failure to 
     timely return to the United States was due to exceptional 
     circumstances. The exceptional circumstances determined 
     sufficient to justify an extension should be not less 
     compelling than the serious illness of the alien, or the 
     death or serious illness of the alien's parent, grandparent, 
     sibling, or child.
       (3) Exception for military service.--Any time spent outside 
     of the United States that is due to the alien's active 
     service in the Armed Forces of the United States shall not be 
     counted towards the time limits set forth in paragraph (1).
       (d) Rulemaking.--
       (1) Initial publication.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall publish 
     regulations implementing this section.
       (2) Interim regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations required under 
     paragraph (1) shall be effective, on an interim basis, 
     immediately upon publication but may be subject to change and 
     revision after public notice and opportunity for a period of 
     public comment.
       (3) Final regulations.--Within a reasonable time after 
     publication of the interim regulations under paragraph (1), 
     the Secretary shall publish final regulations implementing 
     this section.
       (e) Removal of Alien.--The Secretary may not seek to remove 
     an alien who establishes prima facie eligibility for 
     cancellation of removal and conditional temporary resident 
     status under this title until the alien has been provided 
     with a reasonable opportunity to file an application for 
     conditional temporary resident status under this title.

     SEC. 3004. CONDITIONAL TEMPORARY RESIDENT STATUS.

       (a) Initial Length of Status.--Conditional temporary 
     resident status granted to an alien under this title shall be 
     valid--
       (1) for an initial period of 7 years, subject to 
     termination under subsection (c), if applicable; and
       (2) if the alien will not reach 18 years of age before the 
     end of the period described in paragraph (1), until the alien 
     reaches 18 years of age.
       (b) Terms of Conditional Temporary Resident Status.--
       (1) Employment.--A conditional temporary resident may--
       (A) be employed in the United States incident to 
     conditional temporary resident status under this title; and
       (B) enlist in the Armed Forces of the United States in 
     accordance with section 504(b)(1)(D) of title 10, United 
     States Code.
       (2) Travel.--A conditional temporary resident may travel 
     outside the United States and may be admitted (if otherwise 
     admissible) upon returning to the United States without 
     having to obtain a visa if--
       (A) the alien is the bearer of valid, unexpired documentary 
     evidence of conditional temporary resident status under this 
     title; and
       (B) the alien's absence from the United States--
       (i) was not for a period of 180 days or longer, or for 
     multiple periods exceeding 180 days in the aggregate; or
       (ii) was due to active service in the Armed Forces of the 
     United States.
       (c) Termination of Status.--The Secretary shall immediately 
     terminate the conditional temporary resident status of an 
     alien under this title--
       (1) in the case of an alien who is 18 years of age or 
     older, if the Secretary determines that the alien is a 
     postsecondary student who was admitted to an accredited 
     institution of higher education in the United States, but 
     failed to enroll in such institution within 1 year after the 
     date on which the alien was granted conditional temporary 
     resident status under this title or to remain so enrolled;
       (2) in the case of an alien who is younger than 18 years of 
     age, if the Secretary determines that the alien enrolled in a 
     primary or secondary school as a full-time student, but has 
     failed to attend such school for a period exceeding 1 year 
     during the 7-year period beginning on the date on which the 
     alien was granted conditional temporary resident status under 
     this title;
       (3) in the case of an alien who was granted conditional 
     temporary resident status under this title as an enlistee, if 
     the alien--
       (A) failed to complete basic training and begin active duty 
     service or service in Selected Ready Reserve of the Ready 
     Reserve of the Armed Forces of the United States within 1 
     year after the date on which the alien was granted 
     conditional temporary resident status under this title; or
       (B) has received a dishonorable or other than honorable 
     discharge from the Armed Forces of the United States;
       (4) if the alien was granted conditional temporary resident 
     status under this title as a result of fraud or 
     misrepresentation;
       (5) if the alien ceases to meet a requirement under 
     subparagraph (F), (G), (H), or (I) of section 3003(a)(1);
       (6) if the alien violated a term or condition of his or her 
     conditional resident status;
       (7) if the alien has become a public charge;
       (8) if the alien has not maintained employment in the 
     United States for a period of at least 1 year since the alien 
     was granted conditional temporary resident status under this 
     title and while the alien was not enrolled as a student in a 
     postsecondary school or institution of higher education or 
     serving in the Armed Forces of the United States; or
       (9) if the alien has not completed a combination of 
     employment, military service, or postsecondary school 
     totaling 62 months during the 7-year period beginning on the 
     date on which the alien was granted conditional temporary 
     resident status under this title.
       (d) Return to Previous Immigration Status.--The immigration 
     status of an alien the conditional temporary resident status 
     of whom is terminated under subsection (c) shall return to 
     the immigration status of the alien on the day before the 
     date on which the alien received conditional temporary 
     resident status under this title.
       (e) Extension of Conditional Temporary Resident Status.--
     The Secretary shall extend the conditional temporary resident 
     status of an alien granted such status under this title for 1 
     additional 5-year period beyond the period specified in 
     subsection (a) if the alien--
       (1) has demonstrated good moral character during the entire 
     period the alien has been a conditional temporary resident 
     under this title;
       (2) is in compliance with section 3003(a)(1);
       (3) has not abandoned the alien's residence in the United 
     States by being absent from the United States for a period of 
     180 days, or multiple periods of at least 180 days, in the 
     aggregate, during the period of conditional temporary 
     resident status under this title, unless the absence of the 
     alien was due to active service in the Armed Forces of the 
     United States;
       (4) does not have any delinquent tax liabilities;
       (5) has not received any Federal public benefit; and
       (6) while the alien has been a conditional temporary 
     resident under this title--
       (A) has graduated from an accredited institution of higher 
     education in the United States;
       (B) has attended an accredited institution of higher 
     education in the United States on a full-time basis for not 
     less than 8 semesters;
       (C)(i) has served as a member of a regular or reserve 
     component of the Armed Forces of the United States in an 
     active duty status for at least 3 years; and
       (ii) if discharged from such service, received an honorable 
     discharge; or
       (D) has, for a cumulative total of not less than 48 
     months--
       (i) attended an accredited institution of higher education 
     in the United States on a full-time basis;
       (ii)(I) honorably served in the Armed Forces of the United 
     States; and
       (II) maintained employment in the United States; or
       (iii)(I) attended an accredited institution of higher 
     education in the United States;
       (II) honorably served in the Armed Forces of the United 
     States; and
       (III) otherwise maintained lawful employment in the United 
     States.
       (f) Return to Previous Status.--The immigration status of 
     an alien receiving an extension of conditional temporary 
     resident status shall return to the immigration status of the 
     alien on the day before the date on which the alien received 
     conditional temporary resident status if the alien has not 
     filed to adjust status to that of an alien lawfully admitted 
     for permanent residence under section 3005 by the date on 
     which the 5-year period referred to in subsection (e) ends.

[[Page S1035]]

  


     SEC. 3005. REMOVAL OF CONDITIONAL BASIS FOR TEMPORARY 
                   RESIDENCE.

       (a) In General.--An alien who has been a conditional 
     temporary resident under this title for at least 7 years may 
     file an application with the Secretary, in accordance with 
     subsection (c), to adjust status to that of an alien lawfully 
     admitted for permanent residence. The application shall 
     include the required fee and shall be filed in accordance 
     with the procedures established by the Secretary.
       (b) Adjudication of Application for Adjustment of Status.--
       (1) Adjustment of status if favorable determination.--If 
     the Secretary determines that an alien who filed an 
     application under subsection (a) meets the requirements 
     described in subsection (d), the Secretary shall--
       (A) notify the alien of such determination; and
       (B) adjust the alien's status to that of an alien lawfully 
     admitted for permanent residence.
       (2) Termination if adverse determination.--If the Secretary 
     determines that an alien who files an application under 
     subsection (a) does not meet the requirements described in 
     subsection (d), the Secretary shall--
       (A) notify the alien of such determination; and
       (B) terminate the conditional temporary status of the 
     alien.
       (c) Time to File Application.--
       (1) In general.--Applications for adjustment of status 
     described in subsection (a) shall be filed during the 
     period--
       (A) beginning 180 days before the expiration of the 7-year 
     period of conditional temporary resident status under this 
     title; and
       (B) ending--
       (i) 7 years after the date on which conditional temporary 
     resident status was initially granted to the alien under this 
     title; or
       (ii) after the conditional temporary resident status has 
     been terminated.
       (2) Status during pendency.--An alien shall be deemed to be 
     in conditional temporary resident status in the United States 
     during the period in which an application filed by the alien 
     under subsection (a) is pending.
       (d) Contents of Application.--
       (1) In general.--Each application filed by an alien under 
     subsection (a) shall contain information to permit the 
     Secretary to determine whether the alien--
       (A) has been a conditional temporary resident under this 
     title for at least 7 years;
       (B) has demonstrated good moral character during the entire 
     period the alien has been a conditional temporary resident 
     under this title;
       (C) is in compliance with section 3003(a)(1); and
       (D) has not abandoned the alien's residence in the United 
     States.
       (2) Presumptions.--For purposes of paragraph (1)--
       (A) the Secretary shall presume that an alien has abandoned 
     the alien's residence in the United States if the alien is 
     absent from the United States for more than 365 days, in the 
     aggregate, during the period of conditional temporary 
     resident status under this title, unless the alien 
     demonstrates that the alien has not abandoned the alien's 
     residence; and
       (B) an alien who is absent from the United States due to 
     active service in the Armed Forces of the United States has 
     not abandoned the alien's residence in the United States 
     during the period of such service.
       (e) Citizenship Requirement.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien granted conditional temporary resident status under 
     this title may not be adjusted to permanent resident status 
     unless the alien demonstrates to the satisfaction of the 
     Secretary that the alien satisfies the requirements under 
     section 312(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)(1)).
       (2) Exception.--Paragraph (1) shall not apply to an alien 
     whom the Secretary determines is unable because of a physical 
     or developmental disability or mental impairment to meet the 
     requirements of such paragraph. The Secretary, in 
     coordination with the Secretary of Health and Human Services 
     and the Surgeon General, shall establish procedures for 
     making determinations under this subsection.
       (f) Payment of Federal Taxes.--Not later than the date on 
     which an application for adjustment of status is filed under 
     subsection (a), the alien shall satisfy any applicable 
     Federal tax liability due and owing on such date, as 
     determined and verified by the Commissioner of Internal 
     Revenue, notwithstanding section 6103 of title 26, United 
     States Code, or any other provision of law.
       (g) Submission of Biometric and Biographic Data.--
       (1) In general.--The Secretary may not adjust the status of 
     an alien under this section unless the alien submits 
     biometric and biographic data, in accordance with procedures 
     established by the Secretary.
       (2) Alternative procedure.--The Secretary shall provide an 
     alternative procedure for an applicant who is unable to 
     provide the biometric or biographic data referred to in 
     paragraph (1) due to a physical disability or impairment.
       (h) Background Checks.--
       (1) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines to be appropriate--
       (A) to conduct security and law enforcement background 
     checks of an alien applying for adjustment of status under 
     this section; and
       (B) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such adjustment of status.
       (2) Completion of background checks.--The security and law 
     enforcement background checks required under paragraph (1) 
     shall be completed with respect to an alien, to the 
     satisfaction of the Secretary, before the date on which the 
     Secretary makes a decision on the application for adjustment 
     of status of the alien.
       (i) 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 
     eligible for adjustment of status under this section.
       (j) Treatment of Aliens Meeting Requirements for Extension 
     of Conditional Temporary Resident Status.--If an alien has 
     satisfied all of the requirements under section 3003(a)(1) as 
     of the date of enactment of this Act, the Secretary may 
     cancel the removal of the alien and permit the alien to apply 
     for conditional temporary resident status under this title. 
     After the initial period of conditional temporary resident 
     status described in section 3004(a), the Secretary shall 
     extend such alien's conditional temporary resident status and 
     permit the alien to apply for adjustment of status in 
     accordance with subsection (a) if the alien has met the 
     requirements under section 3004(e) during the entire period 
     of conditional temporary resident status under this title.

     SEC. 3006. BENEFITS FOR RELATIVES OF ALIENS GRANTED 
                   CONDITIONAL TEMPORARY RESIDENT STATUS.

       Notwithstanding any other provision of law, a natural 
     parent, prior adoptive parent, spouse, parent, child, or any 
     other family member of an alien provided conditional 
     temporary resident status or lawful permanent resident status 
     under this title shall not thereafter be accorded, by virtue 
     of parentage or familial relationship, any right, privilege, 
     or status under the immigration laws.

     SEC. 3007. EXCLUSIVE JURISDICTION.

       (a) Secretary of Homeland Security.--Except as provided in 
     subsection (b), the Secretary shall have exclusive 
     jurisdiction to determine eligibility for relief under this 
     title. If a final order of deportation, exclusion, or removal 
     is entered, the Secretary shall resume all powers and duties 
     delegated to the Secretary under this title. If a final order 
     is entered before relief is granted under this title, the 
     Attorney General shall terminate such order only after the 
     alien has been granted conditional temporary resident status 
     under this title.
       (b) Attorney General.--The Attorney General shall have 
     exclusive jurisdiction to determine eligibility for relief 
     under this title for any alien who has been placed into 
     deportation, exclusion, or removal proceedings, whether such 
     placement occurred before or after the alien filed an 
     application for cancellation of removal and conditional 
     temporary resident status or adjustment of status under this 
     title. Such exclusive jurisdiction shall continue until such 
     proceedings are terminated.

     SEC. 3008. CONFIDENTIALITY OF INFORMATION.

       (a) Confidentiality of Information.--The Secretary shall 
     establish procedures to protect the confidentiality of 
     information provided by an alien under this title.
       (b) Prohibition.--Except as provided in subsection (c), an 
     officer or employee of the United States may not--
       (1) use the information provided by an individual pursuant 
     to an application filed under this title as the sole basis to 
     initiate removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a) against the 
     parent or spouse of the individual;
       (2) make any publication whereby the information provided 
     by any particular individual pursuant to an application under 
     this title can be identified; or
       (3) permit anyone other than an officer or employee of the 
     United States Government to examine such application filed 
     under this title.
       (c) Required Disclosure.--The Attorney General or the 
     Secretary shall disclose the information provided by an 
     individual under this title and any other information derived 
     from such information to--
       (1) a Federal, State, Tribal, or local government agency, 
     court, or grand jury in connection with an administrative, 
     civil, or criminal investigation or prosecution;
       (2) a background check conducted pursuant to the Brady 
     Handgun Violence Protection Act (Public Law 103-159; 107 
     Stat. 1536) or an amendment made by that Act;
       (3) for homeland security or national security purposes;
       (4) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime); or
       (5) the Bureau of the Census in the same manner and 
     circumstances as the information may be disclosed under 
     section 8 of title 13, United States Code.
       (d) Fraud in Application Process or Criminal Conduct.--
     Nothing in this section may be construed to prevent the 
     disclosure and use of information provided by an alien under 
     this title to determine whether an alien seeking relief under 
     this title has engaged in fraud in an application for such 
     relief or at any time committed a crime from

[[Page S1036]]

     being used or released for immigration enforcement, law 
     enforcement, or national security purposes.
       (e) Subsequent Applications for Immigration Benefits.--The 
     Secretary may use the information provided by an individual 
     pursuant to an application filed under this title to 
     adjudicate an application, petition, or other request for an 
     immigration benefit made by the individual on a date after 
     the date on which the individual filed the application under 
     this title.
       (f) 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. 3009. RESTRICTION ON WELFARE BENEFITS FOR CONDITIONAL 
                   TEMPORARY RESIDENTS.

       An individual who has met the requirements under section 
     3005 for adjustment from conditional temporary resident 
     status to lawful permanent resident status shall be 
     considered, as of the date of such adjustment, to have 
     completed the 5-year eligibility waiting period under section 
     403 of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1613).

     SEC. 3010. GAO REPORT.

       Not later than 7 years after the date of the enactment of 
     this Act, the Comptroller General of the United States 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 sets forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and grant of conditional temporary resident status 
     under section 3003(a);
       (2) the number of aliens who applied for cancellation of 
     removal and grant of conditional temporary resident status 
     under section 3003(a);
       (3) the number of aliens who were granted conditional 
     temporary resident status under section 3003(a); and
       (4) the number of aliens whose status was adjusted to that 
     of an alien lawfully admitted for permanent residence 
     pursuant to section 3005.

     SEC. 3011. MILITARY ENLISTMENT.

       Section 504(b)(1) of title 10, United States Code, is 
     amended by adding at the end the following:
       ``(D) An alien who is a conditional temporary resident (as 
     defined in section 3002 of the SUCCEED Act).''.

     SEC. 3012. ELIGIBILITY FOR NATURALIZATION.

       Notwithstanding sections 319(b), 328, and 329 of the 
     Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 
     1440), an alien whose status is adjusted under section 3005 
     to that of an alien lawfully admitted for permanent residence 
     may apply for naturalization under chapter 2 of title III of 
     the Immigration and Nationality Act (8 U.S.C. 310 et seq.) 
     not earlier than 7 years after such adjustment of status.

     SEC. 3013. FUNDING.

       (a) Department of Homeland Security Immigration Reform 
     Implementation Account.--
       (1) In general.--There is established in the Treasury a 
     separate account, which shall be known as the ``Department of 
     Homeland Security Immigration Reform Implementation Account'' 
     (referred to in this section as the ``Implementation 
     Account'').
       (2) Authorization and appropriations.--There are 
     appropriated to the Implementation Account, out of any funds 
     in the Treasury not otherwise appropriated, $400,000,000, 
     which shall remain available until September 30, 2022.
       (3) Use of appropriations.--The Secretary is authorized to 
     use funds appropriated to the Implementation Account to pay 
     for one-time and startup costs necessary to implement this 
     title, including, but not limited to--
       (A) personnel required to process applications and 
     petitions;
       (B) equipment, information technology systems, 
     infrastructure, and human resources;
       (C) outreach to the public, including development and 
     promulgation of any regulations, rules, or other public 
     notice; and
       (D) anti-fraud programs and actions related to 
     implementation of this title.
       (4) Reporting.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit a plan 
     to the Committee on Appropriations of the Senate, the 
     Committee on the Judiciary of the Senate, the Committee on 
     Appropriations of the House of Representatives, and the 
     Committee on the Judiciary of the House of Representatives 
     for spending the funds appropriated under paragraph (2) that 
     describes how such funds will be obligated in each fiscal 
     year, by program.
       (b) Deposit and Use of Processing Fees.--
       (1) Repayment of startup costs.--Notwithstanding section 
     286(m) of the Immigration and Nationality Act (8 U.S.C. 
     1356(m)), 75 percent of fees collected under this title shall 
     be deposited monthly in the general fund of the Treasury 
     until the funding provided by subsection (a)(2) has been 
     repaid.
       (2) Deposit in the immigration examinations fee account.--
     Fees collected under this title in excess of the amount 
     referenced in paragraph (1) shall be deposited in the 
     Immigration Examinations Fee Account, pursuant to section 
     286(m) of the Immigration and Nationality Act (8 U.S.C. 
     1356(m)), and shall remain available until expended pursuant 
     to section 286(n) of such Act (8 U.S.C. 1356(n)).

                TITLE IV--ENSURING FAMILY REUNIFICATION

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Ensuring Family 
     Reunification Act of 2018''.

     SEC. 4002. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

       (a) Redefinition of Immediate Relative.--The Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 101(b)(1), in the matter preceding 
     subparagraph (A), by striking ``under twenty-one years of age 
     who'' and inserting ``who is younger than 18 years of age 
     and''; and
       (2) in section 201 (8 U.S.C. 1151)--
       (A) in subsection (b)(2)(A)--
       (i) in clause (i), by striking ``children, spouses, and 
     parents of a citizen of the United States, except that, in 
     the case of parents, such citizens shall be at least 21 years 
     of age.'' and inserting ``children and spouse of a citizen of 
     the United States.''; and
       (ii) in clause (ii), by striking ``such an immediate 
     relative'' and inserting ``the immediate relative spouse of a 
     United States citizen'';
       (B) by amending subsection (c) to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) 
     The worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to 39 percent of 
     226,000 minus the number computed under paragraph (2).
       ``(2) The number computed under this paragraph for a fiscal 
     year is the number of aliens who were paroled into the United 
     States under section 212(d)(5) in the second preceding fiscal 
     year who--
       ``(A) did not depart from the United States (without 
     advance parole) within 1 year; and
       ``(B)(i) did not acquire the status of an alien lawfully 
     admitted to the United States for permanent residence during 
     the 2 preceding fiscal years; or
       ``(ii) acquired such status during such period under a 
     provision of law (other than subsection (b)) that exempts 
     adjustment to such status from the numerical limitation on 
     the worldwide level of immigration under this section.''; and
       (C) in subsection (f)--
       (i) in paragraph (2), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)'';
       (ii) by striking paragraph (3);
       (iii) by redesignating paragraph (4) as paragraph (3); and
       (iv) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''.
       (b) Family-Based Visa Preferences.--Section 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended 
     to read as follows:
       ``(a) Spouses and Minor Children of Permanent Resident 
     Aliens.--Family-sponsored immigrants described in this 
     subsection are qualified immigrants who are the spouse or a 
     child of an alien lawfully admitted for permanent 
     residence.''.
       (c) Conforming Amendments.--
       (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
     is amended by striking ``section 203(a)(2)(A)'' each place 
     such term appears and inserting ``section 203(a)''.
       (2) Numerical limitation to any single foreign state.--
     Section 202 of such Act (8 U.S.C. 1152) is amended--
       (A) in subsection (a)(4)--
       (i) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) 75 percent of family-sponsored immigrants not subject 
     to per country limitation.--Of the visa numbers made 
     available under section 203(a) in any fiscal year, 75 percent 
     shall be issued without regard to the numerical limitation 
     under paragraph (2).
       ``(B) Treatment of remaining 25 percent for countries 
     subject to subsection (e).--
       ``(i) In general.--Of the visa numbers made available under 
     section 203(a) in any fiscal year, 25 percent shall be 
     available, in the case of a foreign state or dependent area 
     that is subject to subsection (e) only to the extent that the 
     total number of visas issued in accordance with subparagraph 
     (A) to natives of the foreign state or dependent area is less 
     than the subsection (e) ceiling.
       ``(ii) Subsection (e) ceiling defined.--In clause (i), the 
     term `subsection (e) ceiling' means, for a foreign state or 
     dependent area, 77 percent of the maximum number of visas 
     that may be made available under section 203(a) to immigrants 
     who are natives of the state or area, consistent with 
     subsection (e).''; and
       (ii) by striking subparagraphs (C) and (D); and
       (B) in subsection (e)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) by striking paragraph (2);
       (iii) by redesignating paragraph (3) as paragraph (2); and
       (iv) in the undesignated matter after paragraph (2), as 
     redesignated, by striking ``, respectively,'' and all that 
     follows and inserting a period.
       (3) Rules for determining whether certain aliens are 
     children.--Section 203(h) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' 
     each place such term appears and inserting ``(a)(2)''.
       (4) Procedure for granting immigrant status.--Section 204 
     of such Act (8 U.S.C. 1154) is amended--

[[Page S1037]]

       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``to classification 
     by reason of a relationship described in paragraph (1), (3), 
     or (4) of section 203(a) or'';
       (ii) in subparagraph (B), by striking ``203(a)(2)(A)'' each 
     place such term appears and inserting ``203(a)''; and
       (iii) in subparagraph (D)(i)(I), by striking ``a 
     petitioner'' and all that follows through ``(a)(1)(B)(iii).'' 
     and inserting ``an individual younger than 18 years of age 
     for purposes of adjudicating such petition and for purposes 
     of admission as an immediate relative under section 
     201(b)(2)(A)(i) or a family-sponsored immigrant under section 
     203(a), as appropriate, notwithstanding the actual age of the 
     individual.'';
       (B) in subsection (f)(1), by striking ``, 203(a)(1), or 
     203(a)(3), as appropriate''; and
       (C) by striking subsection (k).
       (5) Waivers of inadmissibility.--Section 212 of the 
     Immigration and Nationality Act (8 U.S.C. 1182) is amended--
       (A) in subsection (a)(6)(E)(ii), by striking ``section 
     203(a)(2)'' and inserting ``section 203(a)''; and
       (B) in subsection (d)(11), by striking ``(other than 
     paragraph (4) thereof)''.
       (6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
     of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by 
     striking ``section 203(a)(2)(A)'' each place such term 
     appears and inserting ``section 203(a)''.
       (7) Definition of alien spouse.--Section 216(h)(1)(C) of 
     such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
     ``section 203(a)(2)'' and inserting ``section 203(a)''.
       (8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
     of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by 
     striking ``section 203(a)(2)'' and inserting ``section 
     203(a)''.
       (d) Creation of Nonimmigrant Classification for Alien 
     Parents of Adult United States Citizens.--
       (1) In general.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (A) in subparagraph (T)(ii)(III), by striking the period at 
     the end and inserting a semicolon;
       (B) in subparagraph (U)(iii), by striking ``or'' at the 
     end;
       (C) in subparagraph (V)(ii)(II), by striking the period at 
     the end and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(W) Subject to section 214(s), an alien who is a parent 
     of a citizen of the United States, if the citizen is at least 
     21 years of age.''.
       (2) Conditions on admission.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     adding at the end the following:
       ``(s)(1) The initial period of authorized admission for a 
     nonimmigrant described in section 101(a)(15)(W) shall be 5 
     years, but may be extended by the Secretary of Homeland 
     Security for additional 5-year periods if the United States 
     citizen son or daughter of the nonimmigrant is still residing 
     in the United States.
       ``(2) A nonimmigrant described in section 101(a)(15)(W)--
       ``(A) is not authorized to be employed in the United 
     States; and
       ``(B) is not eligible for any Federal, State, or local 
     public benefit.
       ``(3) Regardless of the resources of a nonimmigrant 
     described in section 101(a)(15)(W), the United States citizen 
     son or daughter who sponsored the nonimmigrant parent shall 
     be responsible for the nonimmigrant's support while the 
     nonimmigrant resides in the United States.
       ``(4) An alien is ineligible to receive a visa or to be 
     admitted into the United States as a nonimmigrant described 
     in section 101(a)(15)(W) unless the alien provides 
     satisfactory proof that the United States citizen son or 
     daughter has arranged for health insurance coverage for the 
     alien, at no cost to the alien, during the anticipated period 
     of the alien's residence in the United States.''.
       (e) Effective Date; Applicability.--
       (1) Effective date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.
       (2) New petitions.--
       (A) In general.--The Director of U. S. Citizenship and 
     Immigration Services shall only accept new family-based 
     petitions for spouses and minor children of United States 
     citizens and lawful permanent residents under--
       (i) section 201(b)(1)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(1)(A)); or
       (ii) subsection (a) or (b) of section 203 of such Act (8 
     U.S.C. 1153).
       (B) Limitation.--The Director of U. S. Citizenship and 
     Immigration Services may not accept any new family-based 
     petition other than a petition described in subparagraph (A).
       (3) Grandfathered petitions and visas.--Notwithstanding the 
     termination by this title of the family-sponsored immigrant 
     visa categories under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) (as of the date before the 
     date of enactment of this Act), the amendments made by this 
     section shall not apply, and visas shall remain available to, 
     any alien who has--
       (A) an approved family-based petition that has not been 
     terminated or revoked, or
       (B) a properly-filed family-based petition that is--
       (i) pending with U.S. Citizenship and Immigration Services; 
     and
       (ii) based on subsection (a) of section 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)) (as in 
     effect on the day before the date of enactment of this Act).
       (4) Availability of visas for grandfathered petitions.--The 
     Secretary shall continue to allocate a sufficient number of 
     visas in family-sponsored immigrant visa categories until the 
     date on which a visa has been made available, in conformance 
     with the numeric and per country limitations in effect on the 
     day before the date of enactment of this Act, to each 
     beneficiary of an approved or pending petition described in 
     subparagraph (A) or (B) of paragraph (3), if the 
     beneficiary--
       (A) indicates an intent to pursue the immigrant visa not 
     later than 1 year after the date on which the Secretary of 
     State notifies the beneficiary of the availability of the 
     visa; and
       (B) is otherwise qualified to receive a visa under this 
     Act.
       (f) Termination of Registration.--Section 203(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(g)) is 
     amended--
       (1) by striking the second sentence;
       (2) by striking the subsection designation and heading and 
     all that follows through ``For purposes'' in the first 
     sentence and inserting the following:
       ``(g) Lists.--
       ``(1) In general.--For purposes''; and
       (3) by adding at the end the following:
       ``(2) Termination of registration.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary of State shall terminate the registration of 
     any alien who fails to apply for an immigrant visa within the 
     1-year period beginning on the date on which the Secretary of 
     State notifies the alien of the availability of the immigrant 
     visa.
       ``(B) Exception.--The Secretary of State shall not 
     terminate the registration of an alien under subparagraph (A) 
     if the alien demonstrates that the failure of the alien to 
     apply for an immigrant visa during the period described in 
     that subparagraph was due to an extenuating circumstance 
     beyond the control of the alien.''.

     SEC. 4003. ELIMINATION OF DIVERSITY VISA PROGRAM.

       (a) In General.--Section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsections (d), (e), (f), (g), and 
     (h) as subsections (c), (d), (e), (f), and (g), respectively;
       (3) in subsection (c), as redesignated, by striking 
     ``subsection (a), (b), or (c)'' and inserting ``subsection 
     (a) or (b)'';
       (4) in subsection (d), as redesignated--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraph (3) as paragraph (2);
       (5) in subsection (e), as redesignated, by striking 
     ``subsection (a), (b), or (c) of this section'' and inserting 
     ``subsection (a) or (b)'';
       (6) in subsection (f), as redesignated, by striking 
     ``subsections (a), (b), and (c)'' and inserting ``subsections 
     (a) and (b)''; and
       (7) in subsection (g), as redesignated--
       (A) by striking ``(d)'' each place it appears and inserting 
     ``(c)''; and
       (B) in paragraph (2)(B), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)''.
       (b) Technical and Conforming Amendments.--The Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by 
     striking ``section 203(d)'' and inserting ``section 203(c)'';
       (2) in section 201 (8 U.S.C. 1151)--
       (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);
       (B) by striking subsection (e); and
       (C) by redesignating subsection (f) as subsection (e);
       (3) in section 203(b)(2)(B)(ii)(IV) (8 U.S.C. 
     1153(b)(2)(B)(ii)(IV)), by striking ``section 203(b)(2)(B)'' 
     each place such term appears and inserting ``clause (i)'';
       (4) in section 204 (8 U.S.C. 1154)--
       (A) in subsection (a)(1)--
       (i) by striking subparagraph (I); and
       (ii) by redesignating subparagraphs (J) through (L) as 
     subparagraphs (I) through (K), respectively;
       (B) in subsection (e), by striking ``subsection (a), (b), 
     or (c) of section 203'' and inserting ``subsection (a) or (b) 
     of section 203''; and
       (C) in subsection (l)(2)--
       (i) in subparagraph (B), by striking ``section 203 (a) or 
     (d)'' and inserting ``subsection (a) or (c) of section 203''; 
     and
       (ii) in subparagraph (C), by striking ``section 203(d)'' 
     and inserting ``section 203(c)'';
       (5) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)), 
     by striking ``section 203(d)'' and inserting ``section 
     203(c)'';
       (6) in section 216(h)(1) (8 U.S.C. 1186a(h)(1)), in the 
     undesignated matter following subparagraph (C), by striking 
     ``section 203(d)'' and inserting ``section 203(c)''; and
       (7) in section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)), by 
     striking ``section 203(d)'' and inserting ``section 203(c)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     beginning on or after the date of the enactment of this Act.
       (d) Reallocation of Visas; Grandfathered Petitions.--

[[Page S1038]]

       (1) Grandfathered petitions and visas.--Notwithstanding the 
     elimination under this section of the diversity visa program 
     described in sections 201(e) and 203(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(e); 1153(c)) (as in effect 
     on the day before the date of enactment of this Act), the 
     amendments made by this section shall not apply, and visas 
     shall remain available, to any alien whom the Secretary of 
     State has selected to participate in the diversity visa 
     lottery for fiscal year 2018.
       (2) Reallocation of visas.--
       (A) Reallocation.--
       (i) In general.--Beginning in fiscal year 2019 and ending 
     on the date on which the number of visas allocated for aliens 
     who qualify for visas under the Nicaraguan Adjustment and 
     Central American Relief Act (Public Law 105-100; 8 U.S.C. 
     1153 note) is exhausted, the Secretary of Homeland Security 
     shall make available the annual allocation of diversity visas 
     as follows:

       (I) 25,000 visas shall be made available to aliens who have 
     an approved family-based petition based on section 203(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(a)) that 
     has not been terminated or revoked as of the date of 
     enactment of this Act.
       (II) 25,000 visas shall be made available to qualified 
     aliens who have an approved employment-based petition based 
     on paragraphs (1), (2), or (3) of section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153) that has not 
     been terminated or revoked as of the date of enactment of 
     this Act.

       (ii) NACARA visas.--On the exhaustion of 5,000 visas made 
     available under the Nicaraguan Adjustment and Central 
     American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note), 
     the remainder of the visas made available under that Act 
     shall be equally divided and added to the visas provided 
     under subclauses (I) and (II) of clause (i).
       (B) Notification.--
       (i) Federal register.--The Secretary of Homeland Security, 
     in consultation with the Secretary of State, shall publish a 
     notice in the Federal Register to notify affected aliens with 
     respect to--

       (I) the availability of visas under subparagraph (A);
       (II) the manner in which the visas shall be allocated.

       (ii) Visa bulletin.--The Secretary of State shall publish a 
     notice in the monthly visa bulletin of the Department of 
     State with respect to--

       (I) the availability of visas under subparagraph (A);
       (II) the manner in which the visas shall be allocated.

                         TITLE V--OTHER MATTERS

     SEC. 5001. OTHER IMMIGRATION AND NATIONALITY ACT AMENDMENTS.

       (a) Notice of Address Change.--Section 265(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1305(a)) is amended 
     to read as follows:
       ``(a) Each alien required to be registered under this Act 
     who is physically present in the United States shall notify 
     the Secretary of Homeland Security of each change of address 
     and new address not later than 10 days after the date of such 
     change and shall furnish such notice in the manner prescribed 
     by the Secretary.''.
       (b) Photographs for Naturalization Certificates.--Section 
     333 of the Immigration and Nationality Act (8 U.S.C. 1444) is 
     amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (1) through (7) as 
     subparagraphs (A) through (G);
       (B) by inserting ``(1)'' after ``(b)''; and
       (C) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Of the photographs furnished pursuant to paragraph 
     (1)--
       ``(A) 1 shall be affixed to each certificate issued by the 
     Attorney General; and
       ``(B) 1 shall be affixed to the copy of such certificate 
     retained by the Department.''; and
       (2) by adding at the end the following:
       ``(c) The Secretary may modify the technical requirements 
     under this section in the Secretary's discretion and as the 
     Secretary may consider necessary to provide for photographs 
     to be furnished and used in a manner that is efficient, 
     secure, and consistent with the latest developments in 
     technology.''.

     SEC. 5002. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT.

       Except for regulations promulgated pursuant to this Act, 
     section 552 of title 5, United States Code (commonly known as 
     the ``Freedom of Information Act'' (5 U.S.C. 522)), and 
     section 552a of such title (commonly known as the ``Privacy 
     Act'' (5 U.S.C. 552a)), chapter 5 of title 5, United States 
     Code (commonly known as the ``Administrative Procedures 
     Act''), and any other law relating to rulemaking, information 
     collection, or publication in the Federal Register, shall not 
     apply to any action to implement this Act or the amendments 
     made by this Act, to the extent the Secretary of Homeland 
     Security, the Secretary of State, or the Attorney General 
     determines that compliance with any such law would impede the 
     expeditious implementation of this Act or the amendments made 
     by this Act.

     SEC. 5003. EXEMPTION FROM THE PAPERWORK REDUCTION ACT.

       (1) In general.--Chapter 35 of title 44, United States 
     Code, shall not apply to any action to implement this Act or 
     the amendments made by this Act to the extent the Secretary 
     of Homeland Security, the Secretary of State, or the Attorney 
     General determines that compliance with such law would impede 
     the expeditious implementation of this Act or the amendments 
     made by this Act.
       (2) Sunset.--
       (A) In general.--The exemption provided under this section 
     shall sunset not later than 3 years after the date of 
     enactment of this Act.
       (B) Rule of construction.--Subparagraph (A) does not impose 
     any requirement on, or affect the validity of, any rule 
     issued or other action taken by the Secretary under the 
     exemption described in paragraph (1).

     SEC. 5004. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING 
                   RULES.

       (1) Competition requirements.--
       (A) In general.--For purposes of implementing this Act, the 
     competition requirements of section 253(a) of title 41, 
     United States Code, shall not apply.
       (B) Agency determination.--The determination of an agency 
     under section 253(c) of title 41, United States Code, shall 
     not be subject to challenge by protest to--
       (i) the Government Accountability Office, under sections 
     3551 through 3556 of title 31, United States Code; or
       (ii) the Court of Federal Claims, under section 1491 of 
     title 28, United States Code.
       (C) Notice to congress.--An agency shall immediately advise 
     the Congress of the exercise of the authority granted under 
     this paragraph.
       (2) Contracting.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary, in advance of the receipt of any fees 
     imposed on any beneficiary or petitioner for benefits under 
     this Act, may enter into 1 or more contracts for the purpose 
     of implementing the programs under this Act.
       (B) Limitation.--With respect to a contract under 
     subparagraph (A), the Secretary shall not enter into an 
     obligation that exceeds the amount necessary to defray the 
     cost of the programs under this Act.
       (3) Notice to congress.--The Secretary shall--
       (A) immediately advise Congress of the exercise of 
     authority granted in paragraph (2); and
       (B) shall report quarterly on the estimated obligations 
     incurred pursuant to that paragraph.
       (4) Appointments.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall have authority to make term, 
     temporary limited, and part-time appointments without regard 
     to--
       (i) the number of such employees;
       (ii) the ratio of such employees to permanent full-time 
     employees; or
       (iii) the duration of employment of such employees.
       (B) Rule of construction.--Chapter 71 of title 5, United 
     States Code, shall not affect the authority of any management 
     official of the Department to hire term, temporary limited, 
     or part-time employees under this paragraph.

     SEC. 5005. ABILITY TO FILL AND RETAIN DEPARTMENT OF HOMELAND 
                   SECURITY POSITIONS IN UNITED STATES 
                   TERRITORIES.

       (a) In General.--Section 530C of title 28, United States 
     Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1)--
       (A) by inserting ``or the Department of Homeland Security'' 
     after ``Department of Justice''; and
       (B) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or to the Secretary of Homeland Security'' after ``Attorney 
     General''; and
       (ii) in subparagraph (K)--

       (I) in clause (i)--

       (aa) by inserting ``or within United States territories or 
     commonwealths'' after ``outside United States''; and
       (bb) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General'';

       (II) in clause (ii), by inserting ``or the Secretary of 
     Homeland Security'' after ``Attorney General'';

       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``for the Drug 
     Enforcement Administration, and for the Immigration and 
     Naturalization Service'' and inserting ``and for the Drug 
     Enforcement Administration''; and
       (ii) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``the Immigration and Naturalization 
     Service'' and inserting ``the Department of Homeland 
     Security'';
       (C) in paragraph (5), by striking ``Immigration and 
     naturalization service.--Funds available to the Attorney 
     General'' and replacing with ``Department of homeland 
     security.--Funds available to the Secretary of Homeland 
     Security''; and
       (D) in paragraph (7)--
       (i) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General''; and
       (ii) by striking ``the Immigration and Naturalization 
     Service'' and inserting ``U.S. Immigration and Customs 
     Enforcement''; and
       (3) in subsection (d), by inserting ``or the Department of 
     Homeland Security'' after ``Department of Justice''.

     SEC. 5006. SEVERABILITY.

       If any provision of this Act or any amendment made by this 
     Act, or any application of

[[Page S1039]]

     such provision or amendment to any person or circumstance, is 
     held to be unconstitutional, the remainder of the provisions 
     of this Act and the amendments made by this Act and the 
     application of the provision or amendment to any other person 
     or circumstance shall not be affected.

     SEC. 5007. FUNDING.

       (a) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify--
       (1) the appropriation accounts which have unobligated funds 
     that could be rescinded and used to fund the provisions of 
     this Act; and
       (2) the amount of the rescission that shall be applied to 
     each such account.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit to Congress and to the 
     Secretary of the Treasury a report that describes the 
     accounts and amounts determined and identified for rescission 
     pursuant to subsection (a).
       (c) Exceptions.--This section shall not apply to 
     unobligated funds of--
       (1) the Department of Homeland Security;
       (2) the Department of Defense; or
       (3) the Department of Veterans Affairs.

                     TITLE VI--TECHNICAL AMENDMENTS

     SEC. 6001. REFERENCES TO THE IMMIGRATION AND NATIONALITY ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).

     SEC. 6002. TECHNICAL AMENDMENTS TO TITLE I OF THE IMMIGRATION 
                   AND NATIONALITY ACT.

       (a) Section 101.--
       (1) Department.--Section 101(a)(8) (8 U.S.C. 1101(a)(8)) is 
     amended to read as follows:
       ``(8) The term `Department' means the Department of 
     Homeland Security.''.
       (2) Immigrant.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)) 
     is amended--
       (A) in subparagraph (F)(i)--
       (i) by striking the term ``Attorney General'' each place 
     that term appears and inserting ``Secretary''; and
       (ii) by striking ``214(l)'' and inserting ``214(m)'';
       (B) in subparagraph (H)(i)--
       (i) in subclause (b), by striking ``certifies to the 
     Attorney General that the intending employer has filed with 
     the Secretary'' and inserting ``certifies to the Secretary of 
     Homeland Security that the intending employer has filed with 
     the Secretary of Labor''; and
       (ii) in subclause (c), by striking ``certifies to the 
     Attorney General'' and inserting ``certifies to the Secretary 
     of Homeland Security''; and
       (C) in subparagraph (M)(i), by striking the term ``Attorney 
     General'' each place that term appears and inserting 
     ``Secretary''.
       (3) Immigration officer.--Section 101(a)(18) (8 U.S.C. 
     1101(a)(18)) is amended by striking ``Service or of the 
     United States designated by the Attorney General,'' and 
     inserting ``Department or of the United States designated by 
     the Secretary,''.
       (4) Secretary.--Section 101(a)(34) (8 U.S.C. 1101(a)(34)) 
     is amended to read as follows:
       ``(34) The term `Secretary' means the Secretary of Homeland 
     Security, except as provided in section 219(d)(4).''.
       (5) Special immigrant.--Section 101(a)(27)(L)(iii) (8 
     U.S.C. 1101(a)(27)(L)(iii)) is amended by adding ``; or'' at 
     the end.
       (6) Managerial capacity; executive capacity.--Section 
     101(a)(44)(C) (8 U.S.C. 1101(a)(44)(C)) is amended by 
     striking ``Attorney General'' and inserting ``Secretary''.
       (7) Order of removal.--Section 101(a)(47)(A) (8 U.S.C. 
     1101(a)(47)(A)) is amended to read as follows:
       ``(A) The term `order of removal' means the order of the 
     immigration judge, or other such administrative officer to 
     whom the Attorney General or the Secretary has delegated the 
     responsibility for determining whether an alien is removable, 
     concluding that the alien is removable or ordering 
     removal.''.
       (8) Title i and ii definitions.--Section 101(b) (8 U.S.C. 
     1101(b)) is amended--
       (A) in paragraph (1)(F)(i), by striking ``Attorney 
     General'' and inserting ``Secretary''; and
       (B) in paragraph (4), by striking ``Immigration and 
     Naturalization Service.'' and inserting ``Department.''.
       (b) Section 103.--
       (1) In general.--Section 103 (8 U.S.C. 1103) is amended by 
     striking the section heading and subsection (a)(1) and 
     inserting the following:

     ``SEC. 103. POWERS AND DUTIES.

       ``(a)(1) The Secretary shall be charged with the 
     administration and enforcement of this Act and all other laws 
     relating to the immigration and naturalization of aliens, 
     except insofar as this Act or such laws relate to the powers, 
     functions, and duties conferred upon the President, the 
     Attorney General, the Secretary of Labor, the Secretary of 
     Agriculture, the Secretary of Health and Human Services, the 
     Commissioner of Social Security, the Secretary of State, the 
     officers of the Department of State, or diplomatic or 
     consular officers. A determination and ruling by the Attorney 
     General with respect to all questions of law shall be 
     controlling.''.
       (2) Technical and conforming corrections.--Section 103 (8 
     U.S.C. 1103), as amended by paragraph (1), is further 
     amended--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``He'' and inserting 
     ``The Secretary'';
       (ii) in paragraph (3)--

       (I) by striking ``He'' and inserting ``The Secretary'';
       (II) by striking ``he'' and inserting ``the Secretary''; 
     and
       (III) by striking ``his authority'' and inserting ``the 
     authority of the Secretary'';

       (iii) in paragraph (4)--

       (I) by striking ``He'' and inserting ``The Secretary''; and
       (II) by striking ``Service or the Department of Justice'' 
     and insert the ``Department'';

       (iv) in paragraph (5)--

       (I) by striking ``He'' and inserting ``The Secretary'';
       (II) by striking ``his discretion,'' and inserting ``the 
     discretion of the Secretary,'' and
       (III) by striking ``him'' and inserting ``the Secretary'';

       (v) in paragraph (6)--

       (I) by striking ``He'' and inserting ``The Secretary'';
       (II) by striking ``Department'' and inserting ``agency, 
     department,''; and
       (III) by striking ``Service.'' and inserting ``Department 
     or upon consular officers with respect to the granting or 
     refusal of visas'';

       (vi) in paragraph (7)--

       (I) by striking ``He'' and inserting ``The Secretary'';
       (II) by striking ``countries;'' and inserting 
     ``countries'';
       (III) by striking ``he'' and inserting ``the Secretary''; 
     and
       (IV) by striking ``his judgment'' and inserting ``the 
     judgment of the Secretary'';

       (vii) in paragraph (8), by striking ``Attorney General'' 
     and inserting ``Secretary'';
       (viii) in paragraph (10), by striking ``Attorney General'' 
     each place that term appears and inserting ``Secretary''; and
       (ix) in paragraph (11), by striking ``Attorney General,'' 
     and inserting ``Secretary,'';
       (B) by amending subsection (c) to read as follows:
       ``(c) Secretary; Appointment.--The Secretary shall be a 
     citizen of the United States and shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Secretary shall be charged with any and all 
     responsibilities and authority in the administration of the 
     Department and of this Act. The Secretary may enter into 
     cooperative agreements with State and local law enforcement 
     agencies for the purpose of assisting in the enforcement of 
     the immigration laws.'';
       (C) in subsection (e)--
       (i) in paragraph (1), by striking ``Commissioner'' and 
     inserting ``Secretary''; and
       (ii) in paragraph (2), by striking ``Service'' and 
     inserting ``U.S. Citizenship and Immigration Services'';
       (D) in subsection (f)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary'';
       (ii) by striking ``Immigration and Naturalization Service'' 
     and inserting ``Department''; and
       (iii) by striking ``Service,'' and inserting 
     ``Department,''; and
       (E) in subsection (g)(1), by striking ``Immigration Reform, 
     Accountability and Security Enhancement Act of 2002'' and 
     inserting ``Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135)''.
       (3) Clerical amendment.--The table of contents in the first 
     section is amended by striking the item relating to section 
     103 and inserting the following:

``Sec. 103. Powers and duties.''.
       (c) Section 105.--Section 105(a) is amended (8 U.S.C. 
     1105(a)) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary''.

     SEC. 6003. TECHNICAL AMENDMENTS TO TITLE II OF THE 
                   IMMIGRATION AND NATIONALITY ACT.

       (a) Section 202.--Section 202(a)(1)(B) (8 U.S.C. 
     1152(a)(1)(B)) is amended by inserting ``the Secretary or'' 
     after ``the authority of''.
       (b) Section 203.--Section 203 (8 U.S.C. 1153) is amended--
       (1) in subsection (b)(2)(B)(ii)--
       (A) in subclause (II)--
       (i) by inserting ``the Secretary or'' before ``the Attorney 
     General''; and
       (ii) by moving such subclause 4 ems to the left; and
       (B) by moving subclauses (III) and (IV) 4 ems to the left; 
     and
       (2) in subsection (f) (as redesignated by section 
     4003(a)(2))--
       (A) by striking ``Secretary's'' and inserting ``Secretary 
     of State's''; and
       (B) by inserting ``of State'' after ``but the Secretary''.
       (c) Section 204.--Section 204 (8 U.S.C. 1154) is amended--
       (1) in subsection (a)(1)(G)(ii), by inserting ``of State'' 
     after ``by the Secretary'';
       (2) in subsection (c), by inserting ``the Secretary or'' 
     before ``the Attorney General'' each place that term appears; 
     and
       (3) in subsection (e), by inserting ``to'' after 
     ``admitted''.
       (d) Section 208.--Section 208 (8 U.S.C. 1158) is amended--
       (1) in subsection (a)(2)--
       (A) by inserting ``the Secretary or'' before ``Attorney 
     General'' in subparagraph (A);
       (B) by inserting ``the Secretary or'' before ``Attorney 
     General'' in subparagraph (D);

[[Page S1040]]

       (2) in subsection (b)(2)--
       (A) in subparagraph (B)(ii), by inserting ``the Secretary 
     or'' before ``Attorney General'';
       (B) in subparagraph (C), by inserting ``the Secretary or'' 
     before ``Attorney General''; and
       (C) in subparagraph (D), by inserting ``the Secretary or'' 
     before ``Attorney General''.
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``the Attorney General'' 
     and inserting ``the Secretary'';
       (B) in paragraphs (2) and (3), by inserting ``the Secretary 
     or'' before ``Attorney General'' each place that term 
     appears; and
       (4) in subsection (d)--
       (A) in paragraph (1), by inserting ``the Secretary or'' 
     before ``the Attorney General'',
       (B) in paragraph (2), by striking ``Attorney General'' and 
     inserting ``Secretary'';
       (C) in paragraph (3)--
       (i) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary''; and
       (ii) by striking ``Attorney General's'' and inserting 
     ``Secretary's''; and
       (D) in paragraphs (4) through (6), by inserting ``the 
     Secretary or'' before ``the Attorney General''; and
       (e) Section 209.--Section 209(a)(1)(A) (8 U.S.C. 
     1159(a)(1)(A)) is amended by striking ``Secretary of Homeland 
     Security or the Attorney General'' each place that term 
     appears and inserting ``Secretary''.
       (f) Section 212.--Section 212 (8 U.S.C. 1182) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), in subparagraphs (C), (H)(ii), and 
     (I), by inserting ``, the Secretary,'' before ``or the 
     Attorney General'' each place that term appears;
       (B) in paragraph (3)--
       (i) in subparagraph (B)(ii)(II), by inserting ``, the 
     Secretary,'' before ``or the Attorney General'' each place 
     that term appears; and
       (ii) in subparagraph (D), by inserting ``the Secretary or'' 
     before ``the Attorney General'' each place that term appears;
       (C) in paragraph (4)--
       (i) in subparagraph (A), by inserting ``the Secretary or'' 
     before ``the Attorney General''; and
       (ii) in subparagraph (B), by inserting ``, the Secretary,'' 
     before ``or the Attorney General'' each place that term 
     appears;
       (D) in paragraph (5)(C), by striking ``or, in the case of 
     an adjustment of status, the Attorney General, a certificate 
     from the Commission on Graduates of Foreign Nursing Schools, 
     or a certificate from an equivalent independent credentialing 
     organization approved by the Attorney General'' and inserting 
     ``or, in the case of an adjustment of status, the Secretary 
     or the Attorney General, a certificate from the Commission on 
     Graduates of Foreign Nursing Schools, or a certificate from 
     an equivalent independent credentialing organization approved 
     by the Secretary'';
       (E) in paragraph (9)--
       (i) in subparagraph (B)(v)--

       (I) by inserting ``or the Secretary'' after ``Attorney 
     General'' each place that term appears; and
       (II) by striking ``has sole discretion'' and inserting 
     ``have discretion''; and

       (ii) in subparagraph (C)(iii), by inserting ``or the 
     Attorney General'' after ``Secretary of Homeland Security''; 
     and
       (F) in paragraph (10)(C), in clauses (ii)(III) and 
     (iii)(II), by striking ``Secretary's'' and inserting 
     ``Secretary of State's'';
       (2) in subsection (d), in paragraphs (11) and (12), by 
     inserting ``or the Secretary'' after ``Attorney General'' 
     each place that term appears;
       (3) in subsection (e), by striking the first proviso and 
     inserting the following: ``Provided, That upon the favorable 
     recommendation of the Director, pursuant to the request of an 
     interested United States Government agency (or, in the case 
     of an alien described in clause (iii), pursuant to the 
     request of a State Department of Public Health, or its 
     equivalent), or of the Secretary after the Secretary has 
     determined that departure from the United States would impose 
     exceptional hardship upon the alien's spouse or child (if 
     such spouse or child is a citizen of the United States or a 
     lawfully resident alien), or that the alien cannot return to 
     the country of his or her nationality or last residence 
     because the alien would be subject to persecution on account 
     of race, religion, or political opinion, the Secretary may 
     waive the requirement of such two-year foreign residence 
     abroad in the case of any alien whose admission to the United 
     States is found by the Secretary to be in the public interest 
     except that in the case of a waiver requested by a State 
     Department of Public Health, or its equivalent, or in the 
     case of a waiver requested by an interested United States 
     Government agency on behalf of an alien described in clause 
     (iii), the waiver shall be subject to the requirements under 
     section 214(l):'';
       (4) in subsections (g), (h), (i), and (k), by inserting 
     ``or the Secretary'' after ``Attorney General'' each place 
     that term appears;
       (5) in subsection (m)(2)(E)(iv), by inserting ``of Labor'' 
     after ``Secretary'' the second and third place that term 
     appears;
       (6) in subsection (n), by inserting ``of Labor'' after 
     ``Secretary'' each place that term appears, except that this 
     amendment shall not apply to references to the ``Secretary of 
     Labor''; and
       (7) in subsection (s), by inserting ``, the Secretary,'' 
     before ``or the Attorney General''.
       (g) Section 213A.--Section 213A (8 U.S.C. 1183a) is 
     amended--
       (1) in subsection (a)(1), in the matter preceding paragraph 
     (1), by inserting ``, the Secretary,'' after ``the Attorney 
     General''; and
       (2) in subsection (f)(6)(B), by inserting ``the 
     Secretary,'' after ``The Secretary of State,''.
       (h) Section 214.--Section 214(c)(9)(A) (8 U.S.C. 
     1184(c)(9)(A) is amended, in the matter preceding clause (i), 
     by striking ``before''.
       (i) Section 217.--Section 217 (8 U.S.C. 1187) is amended--
       (1) in subsection (e)(3)(A), by inserting a comma after 
     ``Regulations'';
       (2) in subsection (f)(2)(A), by striking ``section 
     (c)(2)(C),'' and inserting ``subsection (c)(2)(C),''; and
       (3) in subsection (h)(3)(A), by striking ``the alien'' and 
     inserting ``an alien''.
       (j) Section 218.--Section 218 (8 U.S.C. 1188) is amended--
       (1) by inserting ``of Labor'' after ``Secretary'' each 
     place that term appears, except that this amendment shall not 
     apply to references to the ``Secretary of Labor'' or to the 
     ``Secretary of Agriculture'';
       (2) in subsection (c)(3)(B)(iii), by striking 
     ``Secretary's'' and inserting ``Secretary of Labor's''; and
       (3) in subsection (g)(4), by striking ``Secretary's'' and 
     inserting ``Secretary of Agriculture's''.
       (k) Section 219.--Section 219 (8 U.S.C. 1189) is amended--
       (1) in subsection (a)(1)(B)--
       (A) by inserting a close parenthesis after ``section 
     212(a)(3)(B)''; and
       (B) by striking the close parenthesis before the semicolon;
       (2) in subsection (c)(3)(D), by striking ``(2),'' and 
     inserting ``(2);''; and
       (3) in subsection (d)(4), by striking ``the Secretary of 
     the Treasury'' and inserting ``the Secretary of Homeland 
     Security, the Secretary of the Treasury,''.
       (l) Section 222.--Section 222 (8 U.S.C. 1202)--
       (1) by inserting ``or the Secretary'' after ``Secretary of 
     State'' each place that term appears; and
       (2) in subsection (f)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     the Department,'' after ``Department of State''; and
       (B) in paragraph (2), by striking ``Secretary's'' and 
     inserting ``their''.
       (m) Section 231.--Section 231 (8 U.S.C. 1221) is amended--
       (1) in subsection (c)(10), by striking ``Attorney 
     General,'' and inserting ``Secretary,'';
       (2) in subsection (f), by striking ``Attorney General'' 
     each place that term appears and inserting ``Secretary'';
       (3) in subsection (g)--
       (A) by striking ``Attorney General'' each places that term 
     appears and inserting ``Secretary'';
       (B) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary''; and
       (4) in subsection (h), by striking ``Attorney General'' 
     each place that term appears and inserting ``Secretary''.
       (n) Section 236.--Section 236(e) (8 U.S.C. 1226(e)) is 
     amended--
       (1) by striking ``review.'' and inserting ``review, other 
     than administrative review by the Attorney General pursuant 
     to the authority granted under section 103(g).''; and
       (2) by inserting ``the Secretary or'' before ``the Attorney 
     General under''.
       (o) Section 236A.--Section 236A(a)(4) (8 U.S.C. 
     1226a(a)(4)) is amended by striking ``Deputy Attorney 
     General'' both places that term appears and inserting 
     ``Deputy Secretary of Homeland Security''.
       (p) Section 237.--Section 237(a) (8 U.S.C. 1227(a)) is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``following the initiation by the Secretary of removal 
     proceedings'' after ``upon the order of the Attorney 
     General''; and
       (2) in paragraph (2)(E), in the subparagraph heading, by 
     striking ``, crimes against children and'' and inserting ``; 
     crimes against children''.
       (q) Section 238.--Section 238 (8 U.S.C. 1228) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``Attorney General'' each 
     place that term appears and inserting ``Secretary''; and
       (B) in paragraphs (3) and (4)(A), by inserting ``and the 
     Secretary'' after ``Attorney General'' each place that term 
     appears; and
       (2) in subsection (e) (as redesignated by section 
     1703(a)(4))--
       (A) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary'';
       (B) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary''; and
       (C) in subparagraph (D)(iv), by striking ``Attorney 
     General'' and inserting ``United States Attorney''.
       (r) Section 239.--Section 239(a)(1) (8 U.S.C. 1229(a)(1)) 
     is amended by inserting ``and the Secretary'' after 
     ``Attorney General'' each place that term appears.
       (s) Section 240.--Section 240 (8 U.S.C. 1229a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``, with the concurrence 
     of the Secretary with respect to employees of the 
     Department'' after ``Attorney General''; and
       (B) in paragraph (5)(A), by inserting ``the Secretary or'' 
     before ``the Attorney General''; and

[[Page S1041]]

       (2) in subsection (c)--
       (A) in paragraph (2), by inserting ``, the Secretary of 
     State, or the Secretary'' before ``to be confidential''; and
       (B) in paragraph (7)(C)(iv)(I), by striking ``240A(b)(2)'' 
     and inserting ``section 240A(b)(2)''.
       (t) Section 240A.--Section 240A(b) (8 U.S.C. 1229b(b)) is 
     amended--
       (1) in paragraph (3), by striking ``Attorney General 
     shall'' and inserting ``Secretary shall''; and
       (2) in paragraph (4)(A), by striking ``Attorney General'' 
     and inserting ``Secretary''.
       (u) Section 240B.--Section 240B(a) (8 U.S.C. 1229c(a)) is 
     amended in paragraphs (1) and (3), by inserting ``or the 
     Secretary'' after ``Attorney General'' each place that term 
     appears.
       (v) Section 241.--Section 241 (8 U.S.C. 1231) is amended--
       (1) in subsection (a)(4)(B)(i), by inserting a close 
     parenthesis after ``(L)'';
       (2) in subsection (g)(2)--
       (A) by striking the paragraph heading and inserting 
     ``Detention facilities of the department of homeland 
     security.--''; and
       (B) by striking ``Service, the Commissioner'' and inserting 
     ``Department, the Secretary''.
       (w) Section 242.--Section 242(g) (8 U.S.C. 1252(g)) is 
     amended by inserting ``the Secretary or'' before ``the 
     Attorney General''.
       (x) Section 243.--Section 243 (8 U.S.C. 1253) (as amended 
     by section 1720) is amended in subsection (b)(1)--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary''; and
       (2) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary''.
       (y) Section 244.--Section 244 (8 U.S.C. 1254a) is amended--
       (1) in subsection (c)(2), by inserting ``or the Secretary'' 
     after ``Attorney General'' each place the term appears; and
       (2) in subsection (g), by inserting ``or the Secretary'' 
     after ``Attorney General''.
       (z) Section 245.--Section 245 (8 U.S.C. 1255) is amended--
       (1) by inserting ``or the Secretary'' after ``Attorney 
     General'' each place that term appears except in subsections 
     (j) (other than the first reference), (l), and (m);
       (2) in subsection (k)(1), adding an ``and'' at the end; and
       (3) in subsection (l)--
       (A) in paragraph (1), by inserting a comma after 
     ``appropriate''; and
       (B) in paragraph (2)--
       (i) in the matter preceding paragraph (1), by striking 
     ``Attorney General's'' and inserting ``Secretary's''; and
       (ii) in subparagraph (B), by striking ``(10(E))'' and 
     inserting ``(10)(E))''.
       (aa) Section 245A.--Section 245A (8 U.S.C. 1255a) is 
     amended--
       (1) in subsection (c)(7), by striking subparagraph (C); and
       (2) in subsection (h)--
       (A) in paragraph (4)(C), by striking ``The The'' and 
     inserting ``The''; and
       (B) in paragraph (5), by striking ``(Public Law 96-122),'' 
     and inserting ``(8 U.S.C. 1522 note),''.
       (bb) Section 251.--Section 251(d) (8 U.S.C. 1281(d)) is 
     amended--
       (1) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary''; and
       (2) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary''.
       (cc) Section 254.--Section 254(a) (8 U.S.C. 1284(a)) is 
     amended by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary''.
       (dd) Section 255.--Section 255 (8 U.S.C. 1285) is amended 
     by striking ``Commissioner'' each place that term appears and 
     inserting ``Secretary''.
       (ee) Section 256.--Section 256 (8 U.S.C. 1286) is amended--
       (1) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary'';
       (2) in the first and second sentences, by striking 
     ``Attorney General'' each place that term appears and 
     inserting ``Secretary''.
       (ff) Section 258.--Section 258 (8 U.S.C. 1288) is amended--
       (1) by inserting ``of Labor'' after ``Secretary'' each 
     place that term appears (except for in subsection (e)(2)), 
     except that this amendment shall not apply to references to 
     the ``Secretary of Labor'', ``the Secretary of State'';
       (2) in subsection (d)(2)(A), by striking ``at'' after 
     ``while''; and
       (3) in subsection (e)(2), by striking ``the Secretary 
     shall'' and inserting ``the Secretary of State shall''.
       (gg) Section 264.--Section 264(f) (8 U.S.C. 1304(f)) is 
     amended by striking ``Attorney General is'' and inserting 
     ``Attorney General and the Secretary are''.
       (hh) Section 272.--Section 272 (8 U.S.C. 1322) is amended 
     by striking ``Commissioner'' each place that term appears and 
     inserting ``Secretary''.
       (ii) Section 273.--Section 273 (8 U.S.C. 1323) is amended--
       (1) by striking ``Commissioner'' each place that term 
     appears and inserting ``Secretary''; and
       (2) by striking ``Attorney General'' each place that term 
     appears (except in subsection (e), in the matter preceding 
     paragraph (1)) and inserting ``Secretary''.
       (jj) Section 274.--Section 274(b)(2) (8 U.S.C. 1324(b)(2)) 
     is amended by striking ``Secretary of the Treasury'' and 
     inserting ``Secretary''.
       (kk) Section 274B.--Section 274B(f)(2) (8 U.S.C. 
     1324b(f)(2)) is amended by striking ``subsection'' and 
     inserting ``section''.
       (ll) Section 274C.--Section 274C(d)(2)(A) (8 U.S.C. 
     1324c(d)(2)(A)) is amended by inserting ``or the Secretary'' 
     after ``subsection (a), the Attorney General''.
       (mm) Section 274D.--Section 274D(a)(2) (8 U.S.C. 
     1324d(a)(2)) is amended by striking ``Commissioner'' and 
     inserting ``Secretary''.
       (nn) Section 286.--Section 286 (8 U.S.C. 1356) is amended--
       (1) in subsection (q)(1)(B), by striking ``, in 
     consultation with the Secretary of the Treasury,'';
       (2) in subsection (r)(2), by striking ``section 
     245(i)(3)(b)'' and inserting ``section 245(i)(3)(B)''; and
       (3) in subsection (s)(5)--
       (A) by striking ``5 percent'' and inserting ``Use of fees 
     for duties relating to petitions.--Five percent''; and
       (B) by striking ``paragraph (1) (C) or (D) of section 204'' 
     and inserting ``subparagraph (C) or (D) of section 
     204(a)(1)''.
       (oo) Section 294.--Section 294 (8 U.S.C. 1363a) is 
     amended--
       (1) in subsection (a), in the undesignated matter following 
     paragraph (4), by striking ``Commissioner, in consultation 
     with the Deputy Attorney General,'' and inserting 
     ``Secretary''; and
       (2) in subsection (d), by striking ``Deputy Attorney 
     General'' and inserting ``Secretary''.

     SEC. 6004. TECHNICAL AMENDMENTS TO TITLE III OF THE 
                   IMMIGRATION AND NATIONALITY ACT.

       (a) Section 316.--Section 316 (8 U.S.C. 1427) is amended--
       (1) in subsection (d), by inserting ``or by the Secretary'' 
     after ``Attorney General''; and
       (2) in subsection (f)(1), by striking ``Intelligence, the 
     Attorney General and the Commissioner of Immigration'' and 
     inserting ``Intelligence and the Secretary''.
       (b) Section 322.--Section 322(a)(1) (8 U.S.C. 1433(a)(1)) 
     is amended--
       (1) by inserting ``is'' before ``(or,''; and
       (2) by striking ``is'' before ``a citizen''.
       (c) Section 342.--
       (1) Section heading.--
       (A) In general.--Section 342 (8 U.S.C. 1453) is amended by 
     striking the section heading and inserting ``cancellation of 
     certificates; action not to affect citizenship status''.
       (B) Clerical amendment.--The table of contents in the first 
     section is amended by striking the item relating to section 
     342 and inserting the following:

``Sec. 342. Cancellation of certificates; action not to affect 
              citizenship status.''.
       (2) In general.--Section 342 (8 U.S.C. 1453) is amended--
       (A) by striking ``heretofore issued or made by the 
     Commissioner or a Deputy Commissioner or hereafter made by 
     the Attorney General''; and
       (B) by striking ``practiced upon, him or the Commissioner 
     or a Deputy Commissioner;''.

     SEC. 6005. TECHNICAL AMENDMENT TO TITLE IV OF THE IMMIGRATION 
                   AND NATIONALITY ACT.

       Section 412(a)(2)(C)(i) (8 U.S.C. 1522(a)(2)(C)(i)) is 
     amended by striking ``insure'' and inserting ``ensure''.

     SEC. 6006. TECHNICAL AMENDMENTS TO TITLE V OF THE IMMIGRATION 
                   AND NATIONALITY ACT.

       (a) Section 504.--Section 504 (8 U.S.C. 1534) is amended--
       (1) in subsection (a)(1)(A), by striking ``a'' before 
     ``removal proceedings'';
       (2) in subsection (i), by striking ``Attorney General'' 
     inserting ``Government''; and
       (3) in subsection (k)(2), by striking ``by''.
       (b) Section 505.--Section 505(e)(2) (8 U.S.C. 1535(e)(2)) 
     is amended by inserting ``and the Secretary'' after 
     ``Attorney General''.

     SEC. 6007. OTHER AMENDMENTS.

       (a) Correction of Commissioner of Immigration and 
     Naturalization.--
       (1) In general.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) as amended by this Act, is further 
     amended by striking ``Commissioner'' and ``Commissioner of 
     Immigration and Naturalization'' each place those terms 
     appear and inserting ``Secretary''.
       (2) Exception for commissioner of social security.--The 
     amendment made by paragraph (1) shall not apply to any 
     reference to the ``Commissioner of Social Security''.
       (b) Correction of Bureau of Citizenship and Immigration 
     Services.--Section 451(a)(1) of the Homeland Security Act of 
     2002 (6 U.S.C. 271(a)(1)) is amended by striking ``a bureau 
     to be known as the `Bureau of Citizenship and Immigration 
     Services' '' and inserting ``an agency to be known as the 
     `United States Citizenship and Immigration Services', the 
     headquarters of which shall be in the same State as the 
     office of the Secretary.''.
       (c) Correction of Immigration and Naturalization Service.--
     The Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     as amended by this Act, is further amended by striking 
     ``Service'' and ``Immigration and Naturalization Service'' 
     each place those terms appear and inserting ``Department''.
       (d) Correction of Department of Justice.--
       (1) In general.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), as amended by this Act, is further 
     amended by striking ``Department of Justice'' each place

[[Page S1042]]

     that term appears and inserting ``Department''.
       (2) Exceptions.--The amendment made by paragraph (1) shall 
     not apply in--
       (A) subsections (d)(3)(A) and (r)(5)(A) of section 214 (8 
     U.S.C. 1184);
       (B) section 274B(c)(1) (8 U.S.C. 1324b(c)(1)); or
       (C) title V (8 U.S.C. 1531 et seq.).
       (e) Correction of Attorney General.--The Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) as amended by this 
     Act, is further amended by striking ``Attorney General'' each 
     place that term appears and inserting ``Secretary'', except 
     for in the following:
       (1) Any joint references to the ``Attorney General and the 
     Secretary of Homeland Security'' or ``the Secretary of 
     Homeland Security and the Attorney General''.
       (2) Section 101(a)(5).
       (3) Subparagraphs (S), (T), and (V) of section 101(a)(15).
       (4) Section 101(a)(47)(A).
       (5) Section 101(b)(4).
       (6) Subsections (a)(1) and (g) of section 103.
       (7) Subsections (b)(1) and (c) of section 105.
       (8) Section 204(c).
       (9) Section 208.
       (10) Subparagraphs (C), (H), and (I) of section 212(a)(2).
       (11) Subparagraphs (A), (B)(ii)(II), and (D) of section 
     212(a)(3).
       (12) Section 212(a)(9)(C)(iii).
       (13) Paragraphs (11) and (12) of section 212(d).
       (14) Subsections (g), (h), (i), (k), and (s) of section 
     212.
       (15) Subsections (a)(1) and (f)(6)(B) of section 213A.
       (16) Section 216(d)(2)(c).
       (17) Section 219(d)(4).
       (18) Section 235(b)(1)(B)(iii)(III).
       (19) The second sentence of section 236(e).
       (20) Section 237.
       (21) Paragraphs (1), (3), and (4)(A) of section 238(a).
       (22) Paragraphs (1) and (5) of section 238(b).
       (23) Section 238(c)(2)(D)(iv).
       (24) Subsections (a) and (b) of section 239.
       (25) Section 240.
       (26) Section 240A.
       (27) Subsections (a)(1), (a)(3), (b), and (c) of section 
     240B.
       (28) The first reference in section 241(a)(4)(B)(i).
       (29) Section 241(b)(3) (except for the first reference in 
     subparagraph (A), to which the amendment shall apply).
       (30) Section 241(i) (except for paragraph (3)(B)(i), to 
     which the amendment shall apply).
       (31) Section 242(a)(2)(B).
       (32) Section 242(b) (except for paragraph (8), to which the 
     amendment shall apply).
       (33) Section 242(g).
       (34) Subsections (a)(3)(C), (c)(2), (e), and (g) of section 
     244.
       (35) Section 245 (except for subsection (i)(1)(B)(i), 
     subsection (i)(3)) and the first reference to the Attorney 
     General in subsection 245(j)).
       (36) Section 245A(a)(1)(A).
       (37) Section 246(a).
       (38) Section 249.
       (39) Section 264(f).
       (40) Section 274(e).
       (41) Section 274A.
       (42) Section 274B.
       (43) Section 274C.
       (44) Section 292.
       (45) Subsections (d) and (f)(1) of section 316.
       (46) Section 342.
       (47) Section 412(f)(1)(A).
       (48) Title V (except for subsections 506(a)(1) and 507(b), 
     (c), and (d) (first reference), to which the amendment shall 
     apply).

     SEC. 6008. REPEALS; RULE OF CONSTRUCTION.

       (a) Repeals.--
       (1) Immigration and naturalization service.--
       (A) In general.--Section 4 of the Act of February 14, 1903 
     (32 Stat. 826, chapter 552; 8 U.S.C. 1551) is repealed.
       (B) 8 u.s.c. 1551.--The language of the compilers set out 
     in section 1551 of title 8 of the United States Code shall be 
     removed from the compilation of such title 8.
       (2) Commissioner of immigration and naturalization; 
     office.--
       (A) In general.--Section 7 of the Act of March 3, 1891 (26 
     Stat. 1085, chapter 551; 8 U.S.C. 1552) is repealed.
       (B) 8 u.s.c. 1552.--The language of the compilers set out 
     in section 1552 of title 8 of the United States Code shall be 
     removed from the compilation of such title 8.
       (3) Assistant commissioners and district director; 
     compensation and salary grade.--Title II of the Department of 
     Justice Appropriation Act, 1957 (70 Stat. 307, chapter 414; 8 
     U.S.C. 1553) is amended, in the matter under the heading 
     ``Immigration and Naturalization Service'' and under the 
     subheading ``SALARIES AND EXPENSES'', by striking ``That the 
     compensation of the five assistant commissioners and one 
     district director shall be at the rate of grade GS-16: 
     Provided further''.
       (4) Special immigrant inspectors at washington.--The Act of 
     March 2, 1895 (28 Stat. 780, chapter 177; 8 U.S.C. 1554) is 
     amended in the matter following the heading ``Bureau of 
     Immigration:'' by striking ``That hereafter special immigrant 
     inspectors, not to exceed three, may be detailed for duty in 
     the Bureau at Washington: And provided further,''.
       (b) Rule of Construction.--Nothing in this title may be 
     construed to repeal or limit the applicability of sections 
     462 and 1512 of the Homeland Security Act of 2002 (6 U.S.C. 
     279 and 552) with respect to any provision of law or matter 
     not specifically addressed by the amendments made by this 
     title.

     SEC. 6009. MISCELLANEOUS TECHNICAL CORRECTION.

       Section 7 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3508) is amended by striking ``Commissioner of 
     Immigration'' and inserting ``Secretary of Homeland 
     Security''.
                                 ______
                                 
  SA 1960. Mr. HATCH 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 _--EMPLOYMENT-BASED VISAS

            Subtitle A--Employment-based Nonimmigrant Visas

     SEC. _11. SECURING A SUPPLY OF HIGHLY SKILLED WORKERS.

       (a) In General.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (5)--
       (A) by redesignating subparagraph (C) as subparagraph (D);
       (B) by inserting after subparagraph (B) the following:
       ``(C) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     1001(a) of title 20) and whose employer has certified that 
     the employer has filed or will file an Immigrant Petition on 
     behalf of the alien; or''; and
       (C) by amending subparagraph (D), as redesignated, to read 
     as follows:
       ``(D) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))) and whose employer has not certified that the 
     employer has filed or will file an Immigrant Petition on 
     behalf of the alien, until the number of such aliens who are 
     exempted from such numerical limitations during such year 
     exceeds 20,000.''; and
       (2) in paragraph (6)--
       (A) by inserting ``(A)'' before ``Any alien''; and
       (B) by adding at the end the following:
       ``(B)(i) The initial period of validity of a nonimmigrant 
     visa issued under section 101(a)(15)(H)(i)(b) to an alien 
     described in paragraph (5)(C) who is exempted from the 
     numerical limitations under paragraph (1)(A) shall be 12 
     months.
       ``(ii) The period of validity of a visa described in clause 
     (i) may be extended beyond the initial period described in 
     such clause if the employer provides evidence to the 
     Secretary that--
       ``(I) the employer has filed, on the alien's behalf, a 
     nonfrivolous Application for Permanent Employment 
     Certification or a nonfrivolous Immigrant Petition; and
       ``(II) such application or petition has not been denied in 
     a final agency action.''.
       (b) Anti-hoarding.--
       (1) In general.--Section 214(g)(10) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(10)) is amended--
       (A) by inserting ``(A)'' before ``The numerical 
     limitations''; and
       (B) by adding at the end the following:
       ``(B)(i) Subject to clause (ii), if 5 or more petitions for 
     H-1B classification subject to the cap established under 
     paragraph (1)(A) filed by an employer in a fiscal year are 
     approved, the employer shall pay a penalty for each such 
     approved petition subject to such cap for which the H-1B 
     beneficiary works in the United States for less than 25 
     percent of the first year of the beneficiary's approved work 
     authorization period for the employer that initially secured 
     the cap-subject petition approval.
       ``(ii)(I) Except as provided in subclause (IV), an employer 
     shall not be subject to the penalties set forth in clause (i) 
     if the employer withdraws the petition for an H-1B visa--
       ``(aa) as a result of an unexpected change in the need for 
     the alien worker;
       ``(bb) because the alien worker commences employment in the 
     United States for the employer under another lawful status; 
     or
       ``(cc) because the alien worker quit or resigned the 
     worker's position with the employer.
       ``(II) An employer withdrawing a petition under subclause 
     (I) shall file with the Secretary a description of the 
     circumstances--
       ``(aa) resulting in the unexpected change in the need for 
     the alien worker;
       ``(bb) surrounding the alien worker's commencement of 
     employment in the United States for the employer withdrawing 
     the H-1B approval under another lawful status; or
       ``(cc) surrounding the alien worker's decision to quit or 
     resign the worker's position with the employer.
       ``(III) Any unused visas associated with petitions 
     withdrawn under subclause (I) that were subject to the cap 
     established under paragraph (1)(A) shall be reassigned to 
     another H-1B petition filed by another employer either in the 
     fiscal year in which the withdrawal was received or in the 
     following fiscal year.
       ``(IV) Subclause (I) shall not apply to an employer in a 
     fiscal year if--
       ``(aa)(AA) at least 20 and not more than 49 petitions filed 
     by the employer in a fiscal

[[Page S1043]]

     year for H-1B visa classification subject to the cap 
     established under paragraph (1)(A) are approved; and
       ``(BB) the employer withdraws more than 25 percent of the 
     approved H-1B visa petitions subject to the numerical 
     limitation under paragraph (1)(A) that were received by the 
     employer in the fiscal year or the employer withdraws more 
     than 10 percent of such petitions because the alien worker 
     resigned his or her employment with the employer before 
     completing 3 months of employment; or
       ``(bb)(AA) more than 50 petitions filed by the employer in 
     a fiscal year for H-1B visa classification subject to the cap 
     established under paragraph (1)(A) are approved; and
       ``(BB) the employer withdraws more than 20 percent of the 
     approved H-1B visa petitions subject to the numerical 
     limitation under paragraph (1)(A) that were received by the 
     employer in the fiscal year or the employer withdraws more 
     than 5 percent of such petitions because the alien worker 
     resigned his or her employment with the employer before 
     completing 3 months of employment.
       ``(iii)(I) The penalty for a violation of clause (i) shall 
     be--
       ``(aa) $10,000 for each petition described in such clause 
     that was filed during the first fiscal year that a penalty is 
     imposed; and
       ``(bb) $25,000 for each such petition that was filed after 
     the first fiscal year that a penalty is imposed.
       ``(II) A penalty under clause (iii)(I) may not be 
     reimbursed or indemnified by an H-1B nonimmigrant.
       ``(III) An employer subject to a penalty under clause (i) 
     in any 3 fiscal years shall be barred from filing any 
     petitions for H-1B visas subject to the numerical limitation 
     under paragraph (1)(A) for the fiscal year immediately 
     following the third year of noncompliance.
       ``(iv) Each employer that has 5 or more approved petitions 
     for H-1B classification subject to the cap established under 
     paragraph (1)(A) shall submit an annual report to the 
     Secretary of Homeland Security that identifies--
       ``(I) the date on which each such H-1B nonimmigrant 
     approved during the most recent fiscal year began working for 
     the employer in the United States; and
       ``(II) the total period of employment in the first year of 
     available work authorization for each such H-1B nonimmigrant 
     during the most recent fiscal year.
       ``(v) Penalties assessed under this subparagraph shall be 
     deposited into the H-1B Nonimmigrant Petitioner Account 
     established under section 286(s).''.
       (2) Effective date.--Section 214(g)(10)(B) of the 
     Immigration and Nationality Act, as added by paragraph (1), 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act.
       (c) Reporting Requirement.--The Secretary of Homeland 
     Security shall identify the number of previously approved 
     visas that--
       (1) were the subject of withdrawn petitions under section 
     214(g)(10)(B)(ii) of the Immigration and Nationality Act, as 
     added by subsection (b); and
       (2) are available for reassignment to another employer.

     SEC. _12. DEPENDENT H-1B EMPLOYERS; EXEMPT H-1B 
                   NONIMMIGRANTS.

       Section 212(n) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)) is amended--
       (1) in paragraph (1)(E)--
       (A) in clause (i), by striking ``(as defined in paragraph 
     (4))''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Except as provided in clause (iii), an application 
     described in this clause is an application filed by--
       ``(I) an H-1B-dependent employer; or
       ``(II) an employer that has been found under paragraph 
     (2)(C) or (5) to have committed a willful failure or 
     misrepresentation during the 5-year period preceding the 
     filing of the application.
       ``(iii)(I) Except as provided in subclause (II), an 
     application is not described in clause (ii) if the only H-1B 
     nonimmigrants sought in the application are exempt H-1B 
     nonimmigrants.
       ``(II) Subclause (I) shall not apply if the employer has 
     more than 50 employees and more than 50 percent of the 
     employer's employees are H-1B nonimmigrants.'';
       (2) in paragraph (3)(B)--
       (A) by amending clause (i) to read as follows:
       ``(i) the term `exempt H-1B nonimmigrant' means an H-1B 
     nonimmigrant who--
       ``(I) receives wages (including cash bonuses) at an annual 
     rate equal to not less than the higher of--
       ``(aa) 105 percent of the occupational mean wage, as 
     determined based on Bureau of Labor Statistics data for the 
     geographic area of employment; or
       ``(bb) $100,000 (or the adjusted amount under clause (iii), 
     if applicable); or
       ``(II) has attained a doctoral degree from an institution 
     of higher education (as defined in section 101(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the 
     United States in a specialty related to the intended 
     employment;'';
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) the amount under clause (i)(I)(bb) shall be 
     increased, for the third fiscal year beginning after the date 
     of the enactment of this clause and for every third fiscal 
     year thereafter, 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 the same month of the third preceding 
     calendar year.''.

     SEC. _13. STRENGTHENING THE PREVAILING WAGE SYSTEM.

       Section 212(p)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1182(p)(4)) is amended by adding at the end the 
     following: ``With regard to the prevailing wage required to 
     be paid under subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
     (t)(1)(A)(i)(II) (as added by section 402(b)(2) of Public Law 
     108-77), the first level of wages shall be not less than the 
     mean of the lowest 50 percent of the wages surveyed.''.

              Subtitle B--Employment-based Immigrant Visas

     SEC. _21. ELIMINATION OF PER-COUNTRY NUMERICAL LIMITATIONS.

       (a) In General.--Section 202(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as 
     follows:
       ``(2) Per country levels for family-sponsored immigrants.--
     Subject to paragraphs (3) and (4), the total number of 
     immigrant visas made available to natives of any single 
     foreign state or dependent area under section 203(a) in any 
     fiscal year may not exceed 15 percent (in the case of a 
     single foreign state) or 2 percent (in the case of a 
     dependent area) of the total number of such visas made 
     available under such section in that fiscal year.''.
       (b) Conforming Amendments.--Section 202 of the Immigration 
     and Nationality Act (8 U.S.C. 1152) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``both subsections (a) 
     and (b) of section 203'' and inserting ``section 203(a)''; 
     and
       (B) by striking paragraph (5); and
       (2) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If the total 
     number of immigrant visas made available under section 203(a) 
     to natives of any single foreign state or dependent area will 
     exceed the numerical limitation specified in subsection 
     (a)(2) in any fiscal year, the number of visas for natives of 
     that state or area shall be allocated under section 203(a) so 
     that, except as provided in subsection (a)(4), the proportion 
     of the visa numbers made available under each of paragraphs 
     (1) through (4) of section 203(a) is equal to the ratio of 
     the total number of visas made available under the respective 
     paragraph to the total number of visas made available under 
     section 203(a).''.
       (c) Country-specific Offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (1) in subsection (a), by striking ``subsection (e))'' and 
     inserting ``subsection (d))''; and
       (2) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d).
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if enacted on October 1, 2017, and shall 
     apply to fiscal years beginning with fiscal year 2018.

     SEC. _22. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED 
                   IMMIGRANTS.

       Section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) is amended by adding at the end the following:
       ``(n) Adjustment of Status for Employment Based 
     Immigrants.--
       ``(1) Petition.--Any alien, and any eligible dependent of 
     such alien, who has an approved petition for immigrant 
     status, may file an application with the Secretary of 
     Homeland Security for adjustment of status regardless of 
     whether an immigrant visa is immediately available at the 
     time the application is filed.
       ``(2) Supplemental fee.--If a visa is not immediately 
     available at the time an application is filed under paragraph 
     (1), the beneficiary of such application shall pay a 
     supplemental fee of $500, which shall be deposited into the 
     H-1B Nonimmigrant Petitioner Account established under 
     section 286(s). This fee shall not be collected from any 
     dependent accompanying or following to join such beneficiary.
       ``(3) Availability.--An application filed under this 
     subsection may not be approved until the date on which an 
     immigrant visa becomes available.''.
                                 ______
                                 
  SA 1961. Mr. HATCH 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. __. SECURING A SUPPLY OF HIGHLY-SKILLED WORKERS.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended--
       (1) in paragraph (5)--
       (A) by redesignating subparagraph (C) as subparagraph (D);
       (B) by inserting after subparagraph (B) the following:
       ``(C) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     1001(a) of title 20) and whose employer has certified that 
     the employer has filed or will file an Immigrant Petition on 
     behalf of the alien; or''; and

[[Page S1044]]

       (C) by amending subparagraph (D), as redesignated, to read 
     as follows:
       ``(D) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))) and whose employer has not certified that the 
     employer has filed or will file an Immigrant Petition on 
     behalf of the alien, until the number of such aliens who are 
     exempted from such numerical limitations during such year 
     exceeds 20,000.''; and
       (2) in paragraph (6)--
       (A) by inserting ``(A)'' before ``Any alien''; and
       (B) by adding at the end the following:
       ``(B)(i) The initial period of validity of a nonimmigrant 
     visa issued under section 101(a)(15)(H)(i)(b) to an alien 
     described in paragraph (5)(C) who is exempted from the 
     numerical limitations under paragraph (1)(A) shall be 12 
     months.
       ``(ii) The period of validity of a visa described in clause 
     (i) may be extended beyond the initial period described in 
     such clause if the employer provides evidence to the 
     Secretary that--
       ``(I) the employer has filed, on the alien's behalf, a 
     nonfrivolous Application for Permanent Employment 
     Certification or a nonfrivolous Immigrant Petition; and
       ``(II) such application or petition has not been denied in 
     a final agency action.''.
                                 ______
                                 
  SA 1962. Mr. HATCH 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. __. EMPLOYMENT-BASED NONIMMIGRANT VISAS.

       (a) Prohibition on Hoarding H-1B Visas.--
       (1) In general.--Section 214(g)(10) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(10)) is amended--
       (A) by inserting ``(A)'' before ``The numerical 
     limitations''; and
       (B) by adding at the end the following:
       ``(B)(i) Subject to clause (ii), if 5 or more petitions for 
     H-1B classification subject to the cap established under 
     paragraph (1)(A) filed by an employer in a fiscal year are 
     approved, the employer shall pay a penalty for each such 
     approved petition subject to such cap for which the H-1B 
     beneficiary works in the United States for less than 25 
     percent of the first year of the beneficiary's approved work 
     authorization period for the employer that initially secured 
     the cap-subject petition approval.
       ``(ii)(I) Except as provided in subclause (IV), an employer 
     shall not be subject to the penalties set forth in clause (i) 
     if the employer withdraws the petition for an H-1B visa--
       ``(aa) as a result of an unexpected change in the need for 
     the alien worker;
       ``(bb) because the alien worker commences employment in the 
     United States for the employer under another lawful status; 
     or
       ``(cc) because the alien worker quit or resigned the 
     worker's position with the employer.
       ``(II) An employer withdrawing a petition under subclause 
     (I) shall file with the Secretary a description of the 
     circumstances--
       ``(aa) resulting in the unexpected change in the need for 
     the alien worker;
       ``(bb) surrounding the alien worker's commencement of 
     employment in the United States for the employer withdrawing 
     the H-1B approval under another lawful status; or
       ``(cc) surrounding the alien worker's decision to quit or 
     resign the worker's position with the employer.
       ``(III) Any unused visas associated with petitions 
     withdrawn under subclause (I) that were subject to the cap 
     established under paragraph (1)(A) shall be reassigned to 
     another H-1B petition filed by another employer either in the 
     fiscal year in which the withdrawal was received or in the 
     following fiscal year.
       ``(IV) Subclause (I) shall not apply to an employer in a 
     fiscal year if--
       ``(aa)(AA) at least 20 and not more than 49 petitions filed 
     by the employer in a fiscal year for H-1B visa classification 
     subject to the cap established under paragraph (1)(A) are 
     approved; and
       ``(BB) the employer withdraws more than 25 percent of the 
     approved H-1B visa petitions subject to the numerical 
     limitation under paragraph (1)(A) that were received by the 
     employer in the fiscal year or the employer withdraws more 
     than 10 percent of such petitions because the alien worker 
     resigned his or her employment with the employer before 
     completing 3 months of employment; or
       ``(bb)(AA) more than 50 petitions filed by the employer in 
     a fiscal year for H-1B visa classification subject to the cap 
     established under paragraph (1)(A) are approved; and
       ``(BB) the employer withdraws more than 20 percent of the 
     approved H-1B visa petitions subject to the numerical 
     limitation under paragraph (1)(A) that were received by the 
     employer in the fiscal year or the employer withdraws more 
     than 5 percent of such petitions because the alien worker 
     resigned his or her employment with the employer before 
     completing 3 months of employment.
       ``(iii)(I) The penalty for a violation of clause (i) shall 
     be--
       ``(aa) $10,000 for each petition described in such clause 
     that was filed during the first fiscal year that a penalty is 
     imposed; and
       ``(bb) $25,000 for each such petition that was filed after 
     the first fiscal year that a penalty is imposed.
       ``(II) A penalty under clause (iii)(I) may not be 
     reimbursed or indemnified by an H-1B nonimmigrant.
       ``(III) An employer subject to a penalty under clause (i) 
     in any 3 fiscal years shall be barred from filing any 
     petitions for H-1B visas subject to the numerical limitation 
     under paragraph (1)(A) for the fiscal year immediately 
     following the third year of noncompliance.
       ``(iv) Each employer that has 5 or more approved petitions 
     for H-1B classification subject to the cap established under 
     paragraph (1)(A) shall submit an annual report to the 
     Secretary of Homeland Security that identifies--
       ``(I) the date on which each such H-1B nonimmigrant 
     approved during the most recent fiscal year began working for 
     the employer in the United States; and
       ``(II) the total period of employment in the first year of 
     available work authorization for each such H-1B nonimmigrant 
     during the most recent fiscal year.
       ``(v) Penalties assessed under this subparagraph shall be 
     deposited into the H-1B Nonimmigrant Petitioner Account 
     established under section 286(s).''.
       (2) Effective date.--Section 214(g)(10)(B) of the 
     Immigration and Nationality Act, as added by paragraph (1), 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act.
       (3) Reporting requirement.--The Secretary of Homeland 
     Security shall identify the number of previously approved 
     visas that--
       (A) were the subject of withdrawn petitions under section 
     214(g)(10)(B)(ii) of the Immigration and Nationality Act, as 
     added by subsection (b); and
       (B) are available for reassignment to another employer.
       (b) Dependent H-1B Employers.--Section 212(n) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(n)) is 
     amended--
       (1) in paragraph (1)(E)--
       (A) in clause (i), by striking ``(as defined in paragraph 
     (4))''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Except as provided in clause (iii), an application 
     described in this clause is an application filed by--
       ``(I) an H-1B-dependent employer; or
       ``(II) an employer that has been found under paragraph 
     (2)(C) or (5) to have committed a willful failure or 
     misrepresentation during the 5-year period preceding the 
     filing of the application.
       ``(iii)(I) Except as provided in subclause (II), an 
     application is not described in clause (ii) if the only H-1B 
     nonimmigrants sought in the application are exempt H-1B 
     nonimmigrants.
       ``(II) Subclause (I) shall not apply if the employer has 
     more than 50 employees and more than 50 percent of the 
     employer's employees are H-1B nonimmigrants.'';
       (2) in paragraph (3)(B)--
       (A) by amending clause (i) to read as follows:
       ``(i) the term `exempt H-1B nonimmigrant' means an H-1B 
     nonimmigrant who--
       ``(I) receives wages (including cash bonuses) at an annual 
     rate equal to not less than the higher of--
       ``(aa) 105 percent of the occupational mean wage, as 
     determined based on Bureau of Labor Statistics data for the 
     geographic area of employment; or
       ``(bb) $100,000 (or the adjusted amount under clause (iii), 
     if applicable); or
       ``(II) has attained a doctoral degree from an institution 
     of higher education (as defined in section 101(a) of the 
     Higher Education Act of 1965 (20 U.S.C. 1001(a))) in the 
     United States in a specialty related to the intended 
     employment;'';
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) the amount under clause (i)(I)(bb) shall be 
     increased, for the third fiscal year beginning after the date 
     of the enactment of this clause and for every third fiscal 
     year thereafter, 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 the same month of the third preceding 
     calendar year.''.
       (c) Strengthening the Prevailing Wage System.--Section 
     212(p)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1182(p)(4)) is amended by adding at the end the following: 
     ``With regard to the prevailing wage required to be paid 
     under subsections (a)(5)(A), (n)(1)(A)(i)(II), and 
     (t)(1)(A)(i)(II) (as added by section 402(b)(2) of Public Law 
     108-77), the first level of wages shall be not less than the 
     mean of the lowest 50 percent of the wages surveyed.''.
                                 ______
                                 
  SA 1963. Mr. HATCH 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:

[[Page S1045]]

  


     SEC. __. PER-COUNTRY NUMERICAL LIMITATIONS AND ADJUSTMENT OF 
                   STATUS.

       (a) Modification of Per-country Numerical Limitations.--
       (1) In general.--Section 202(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as 
     follows:
       ``(2) Per country levels for family-sponsored immigrants.--
     Subject to paragraphs (3) and (4), the total number of 
     immigrant visas made available to natives of any single 
     foreign state or dependent area under section 203(a) in any 
     fiscal year may not exceed 15 percent (in the case of a 
     single foreign state) or 2 percent (in the case of a 
     dependent area) of the total number of such visas made 
     available under such section in that fiscal year.''.
       (2) Conforming amendments.--Section 202 of such Act (8 
     U.S.C. 1152) is amended--
       (A) in subsection (a)--
       (i) in paragraph (3), by striking ``both subsections (a) 
     and (b) of section 203'' and inserting ``section 203(a)''; 
     and
       (ii) by striking paragraph (5); and
       (B) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If the total 
     number of immigrant visas made available under section 203(a) 
     to natives of any single foreign state or dependent area will 
     exceed the numerical limitation specified in subsection 
     (a)(2) in any fiscal year, the number of visas for natives of 
     that state or area shall be allocated under section 203(a) so 
     that, except as provided in subsection (a)(4), the proportion 
     of the visa numbers made available under each of paragraphs 
     (1) through (4) of section 203(a) is equal to the ratio of 
     the total number of visas made available under the respective 
     paragraph to the total number of visas made available under 
     section 203(a).''.
       (3) Country-specific offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (A) in subsection (a), by striking ``subsection (e))'' and 
     inserting ``subsection (d))''; and
       (B) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d).
       (4) Effective date.--The amendments made by this subsection 
     shall take effect as if enacted on October 1, 2017, and shall 
     apply to fiscal years beginning with fiscal year 2018.
       (b) Adjustment of Status for Employment-based Immigrants.--
     Section 245 of the Immigration and Nationality Act (8 U.S.C. 
     1255) is amended by adding at the end the following:
       ``(n) Adjustment of Status for Employment Based 
     Immigrants.--
       ``(1) Petition.--Any alien, and any eligible dependent of 
     such alien, who has an approved petition for immigrant 
     status, may file an application with the Secretary of 
     Homeland Security for adjustment of status regardless of 
     whether an immigrant visa is immediately available at the 
     time the application is filed.
       ``(2) Supplemental fee.--If a visa is not immediately 
     available at the time an application is filed under paragraph 
     (1), the beneficiary of such application shall pay a 
     supplemental fee of $500, which shall be deposited into the 
     H-1B Nonimmigrant Petitioner Account established under 
     section 286(s). This fee shall not be collected from any 
     dependent accompanying or following to join such beneficiary.
       ``(3) Availability.--An application filed under this 
     subsection may not be approved until the date on which an 
     immigrant visa becomes available.''.
                                 ______
                                 
  SA 1964. Mr. HATCH 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. __. EMPLOYMENT AND TRAINING OPPORTUNITIES FOR HIGHLY-
                   SKILLED NONIMMIGRANTS.

       (a) Employment Authorization for Dependents of H-1B 
     Nonimmigrants.--Section 214(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (2), by adding at the end the following:
       ``(G)(i) If the principal alien has a pending or approved 
     Application for Permanent Employment Certification or a 
     pending or approved Immigrant Petition, the Secretary of 
     Homeland Security shall--
       ``(I) authorize the alien spouse of such principal alien 
     admitted under section 101(a)(15)(H)(i)(b) who is 
     accompanying or following to join the principal alien to 
     engage in employment in the United States; and
       ``(II) provide the spouse with an `employment authorized' 
     endorsement or other appropriate work permit.
       ``(ii) The employer of an alien spouse described in clause 
     (i)(I) shall attest to the Secretary of Homeland Security 
     that the employer is offering and will offer to the alien 
     spouse, during the period of authorized employment, not less 
     than the greater of--
       ``(I) the actual wage level paid by the employer for the 
     specific employment in question to all other individuals with 
     similar experiences and qualifications; or
       ``(II) the prevailing wage level for the occupational 
     classification in the area of employment, reflecting the 
     education, experience, and level of supervision required for 
     the job to be performed by the alien spouse, based on the 
     best information available at the time the alien spouse is 
     hired.''.
       (b) Eliminating Impediments to Worker Mobility.--
       (1) Effect of new job site.--Section 214(c)(10) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(10)) is 
     amended to read as follows:
       ``(10) An amended H-1B petition shall not be required if--
       ``(A) the petitioning employer is involved in a corporate 
     restructuring, including a merger, acquisition, or 
     consolidation;
       ``(B) a new corporate entity succeeds to the interests and 
     obligations of the original petitioning employer and the 
     terms and conditions of employment remain the same except for 
     the identity of the petitioner; or
       ``(C) the nonimmigrant worker begins working at a new place 
     of employment for which the petitioner has secured a valid, 
     certified Labor Condition Application before the nonimmigrant 
     worker began working at such place of employment.''.
       (2) Deference to prior approvals.--Section 214(c) of the 
     Immigration and Nationality Act, as amended by paragraph (1) 
     and subsection (a), is further amended by adding at the end 
     the following:
       ``(15) If the Secretary of Homeland Security or the 
     Secretary of State approves a visa, petition, or application 
     for admission on behalf of an alien described in subparagraph 
     (H)(i)(b) or (L) of section 101(a)(15), the Secretary of 
     Homeland Security or the Secretary of State may not deny a 
     subsequent petition, visa, or application for admission 
     involving the same employer and alien unless the applicant is 
     provided with a written finding that explains the basis for 
     the Government's determination that--
       ``(A) there was a material error with regard to the 
     approval of the previous petition, visa, or application for 
     admission;
       ``(B) a substantial change in circumstances has taken place 
     since the prior approval or admission that renders the 
     nonimmigrant ineligible for such status under this Act; or
       ``(C) new material information has been discovered that 
     adversely impacts the eligibility of the employer or the 
     nonimmigrant.''.
       (3) Effect of ending employment relationship.--Section 
     214(n) of the Immigration and Nationality Act (8 U.S.C. 
     1184(n)) is amended by adding at the end the following:
       ``(3) A nonimmigrant admitted under section 
     101(a)(15)(H)(i)(b) whose employment relationship ends 
     (either voluntarily or involuntarily) before the expiration 
     of the nonimmigrant's period of authorized admission shall be 
     deemed to have retained such legal status throughout the 60-
     day period beginning on such employment ending date if an 
     employer files a petition to extend, change, or adjust the 
     status of the nonimmigrant during such period.''.
       (c) Practical Training for F-1 Nonimmigrants.--
       (1) Defined term.--Section 101(a)(15)(F)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) 
     is amended--
       (A) by inserting ``including post-completion on-the-job 
     training related to the same course of study,'' after ``for 
     the purpose of pursuing such a course of study''; and
       (B) by striking ``consistent with section 214(l)'' and 
     inserting ``consistent with section 214(m)''.
       (2) Optional practical training.--Section 214(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended 
     by adding at the end the following:
       ``(3)(A) An alien who obtains the status of a nonimmigrant 
     under clause (i) or (iii) of section 101(a)(F) may complete a 
     course of study by engaging in optional post-completion 
     practical training to gain experience directly related to the 
     course of study if the participating employer--
       ``(i) confirms to the university that the employer is 
     compensating the nonimmigrant as similarly situated United 
     States workers; and
       ``(ii) documents to the university that the nonimmigrant's 
     assignments will provide experiential learning to further the 
     nonimmigrant's knowledge of the major field in the course of 
     study.
       ``(B) Optional post-completion practical training under 
     this paragraph is only available once at each degree level, 
     and only if the United States university awarding the degree 
     was accredited at the time such degree was awarded in the 
     United States.
       ``(C)(i) Except as provided in clause (ii), optional post-
     completion practical training is available for a period of 
     not more than 12 months, which shall begin not later than 60 
     days after the alien's graduation from the university.
       ``(ii) Nonimmigrants described in clause (i) or (iii) of 
     section 101(a)(F) may extend optional practical training 
     under this paragraph for a period of not more than an 
     additional 24 months if--
       ``(I) such training immediately follows the completion of a 
     degree in a field of science, technology, engineering, or 
     mathematics; and
       ``(II) such extension is requested before the expiration of 
     the 12-month period described in clause (i).''.
                                 ______
                                 
  SA 1965. Mr. PAUL submitted an amendment intended to be proposed by

[[Page S1046]]

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. __. FAIRNESS FOR HIGH-SKILLED IMMIGRANTS.

       (a) Short Title.--This section may be cited as the 
     ``Fairness for High-Skilled Immigrants Act of 2018''.
       (b) Numerical Limitation to Any Single Foreign State.--
     Section 202(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1152(a)(2)) is amended to read as follows:
       ``(2) Per country levels for family-sponsored immigrants.--
     Subject to paragraphs (3) and (4), the total number of 
     immigrant visas made available to natives of any single 
     foreign state or dependent area under section 203(a) in any 
     fiscal year may not exceed 15 percent (in the case of a 
     single foreign state) or 2 percent (in the case of a 
     dependent area) of the total number of such visas made 
     available under such section in that fiscal year.''.
       (c) Conforming Amendments.--Section 202 of such Act (8 
     U.S.C. 1152) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``both subsections (a) 
     and (b) of section 203'' and inserting ``section 203(a)''; 
     and
       (B) by striking paragraph (5); and
       (2) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If the total 
     number of immigrant visas made available under section 203(a) 
     to natives of any single foreign state or dependent area will 
     exceed the numerical limitation specified in subsection 
     (a)(2) in any fiscal year, immigrant visas shall be allotted 
     to such natives under section 203(a) (to the extent 
     practicable and otherwise consistent with this section and 
     section 203) in a manner so that, except as provided in 
     subsection (a)(4), the proportion of the visas made available 
     under each of paragraphs (1) through (4) of section 203(a) is 
     equal to the ratio of the total visas made available under 
     the respective paragraph to the total visas made available 
     under section 203(a).''.
       (d) Country-Specific Offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (1) in subsection (a), by striking ``(as defined in 
     subsection (e))'';
       (2) by striking subsection (d); and
       (3) by redesignating subsection (e) as subsection (d).
       (e) Effective Date.--The amendments made by subsections (b) 
     through (d) shall take effect on September 30, 2018, and 
     shall apply to fiscal year 2019 and to each subsequent fiscal 
     year.
       (f) Transition Rules for Employment-Based Immigrants.--
       (1) In general.--Subject to paragraphs (2) through (4), and 
     notwithstanding title II of the Immigration and Nationality 
     Act (8 U.S.C. 1151 et seq.), the following rules shall apply:
       (A) For fiscal year 2019, 15 percent of the immigrant visas 
     made available under each of paragraphs (2) and (3) of 
     section 203(b) of such Act (8 U.S.C. 1153(b)) shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not 1 of the 2 states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2015 under such paragraphs.
       (B) For fiscal year 2020, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not 1 of the 2 states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2016 under such paragraphs.
       (C) For fiscal year 2021, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not 1 of the 2 states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2017 under such paragraphs.
       (2) Per-country levels.--
       (A) Reserved visas.--The number of visas reserved under 
     each of subparagraphs (A) through (C) of paragraph (1) made 
     available to natives of any single foreign state or dependent 
     area in the appropriate fiscal year may not exceed 25 percent 
     (in the case of a single foreign state) or 2 percent (in the 
     case of a dependent area) of the total number of such visas.
       (B) Unreserved visas.--Not more than 85 percent of the 
     immigrant visas made available under each of paragraphs (2) 
     and (3) of section 203(b) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), 
     for each of the fiscal years 2017, 2018, and 2019, may be 
     allotted to immigrants who are natives of any single foreign 
     state.
       (3) Special rule to prevent unused visas.--If, with respect 
     to fiscal year 2017, 2018, or 2019, the application of 
     paragraphs (1) and (2) would prevent the total number of 
     immigrant visas made available under paragraph (2) or (3) of 
     section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)) from being issued, such visas may be issued 
     during the remainder of such fiscal year without regard to 
     paragraphs (1) and (2).
       (4) Rules for chargeability.--Section 202(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1152(b)) shall 
     apply in determining the foreign state to which an alien is 
     chargeable for purposes of this subsection. -
                                 ______
                                 
  SA 1966. 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:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Table of contents.

                   TITLE I--LEGAL IMMIGRATION REFORM

         Subtitle A--Immigrant Visa Allocations and Priorities

Sec. 1101. Family-sponsored immigration priorities.
Sec. 1102. Elimination of diversity visa program.
Sec. 1103. Employment-based immigration priorities.
Sec. 1104. Waiver of rights by B visa nonimmigrants.

                       Subtitle B--Visa Security

Sec. 1201. Cancellation of additional visas.
Sec. 1202. Visa information sharing.
Sec. 1203. Restricting waiver of visa interviews.
Sec. 1204. Authorizing the Department of State to not interview certain 
              ineligible visa applicants.
Sec. 1205. Visa refusal and revocation.
Sec. 1206. Petition and application processing for visas and 
              immigration benefits.
Sec. 1207. Fraud prevention.
Sec. 1208. Visa ineligibility for spouses and children of drug 
              traffickers.
Sec. 1209. DNA testing.
Sec. 1210. Access to NCIC criminal history database for diplomatic 
              visas.
Sec. 1211. Elimination of signed photograph requirement for visa 
              applications.
Sec. 1212. Additional fraud detection and prevention.

               TITLE II--INTERIOR IMMIGRATION ENFORCEMENT

             Subtitle A--New Illegal Deduction Eliminations

Sec. 2101. Clarification that wages paid to unauthorized aliens may not 
              be deducted from gross income.
Sec. 2102. Modification of E-Verify Program.

   Subtitle B--Sanctuary Cities and State and Local Law Enforcement 
                              Cooperation

Sec. 2201. Short title.
Sec. 2202. State noncompliance with enforcement of immigration law.
Sec. 2203. Clarifying the authority of U.S. Immigration and Customs 
              Enforcement detainers.
Sec. 2204. Sarah and Grant's law.
Sec. 2205. Clarification of congressional intent.
Sec. 2206. Penalties for illegal entry or presence.

                      Subtitle C--Criminal Aliens

Sec. 2301. Precluding admissibility of aliens convicted of aggravated 
              felonies or other serious offenses.
Sec. 2302. Increased penalties barring the admission of convicted sex 
              offenders failing to register and requiring deportation 
              of sex offenders failing to register.
Sec. 2303. Grounds of inadmissibility and deportability for alien gang 
              members.
Sec. 2304. Inadmissibility and deportability of drunk drivers.
Sec. 2305. Definition of aggravated felony.
Sec. 2306. Precluding withholding of removal for aggravated felons.
Sec. 2307. Protecting immigrants from convicted sex offenders.
Sec. 2308. Clarification to crimes of violence and crimes involving 
              moral turpitude.
Sec. 2309. Detention of dangerous aliens.
Sec. 2310. Timely repatriation.
Sec. 2311. Illegal reentry.

                       Subtitle D--Asylum Reform

Sec. 2401. Clarification of intent regarding taxpayer-provided counsel.
Sec. 2402. Credible fear interviews.
Sec. 2403. Recording expedited removal and credible fear interviews.
Sec. 2404. Safe third country.
Sec. 2405. Renunciation of asylum status pursuant to return to home 
              country.
Sec. 2406. Notice concerning frivolous asylum applications.
Sec. 2407. Anti-fraud investigative work product.
Sec. 2408. Penalties for asylum fraud.
Sec. 2409. Statute of limitations for asylum fraud.
Sec. 2410. Technical amendments.

  Subtitle E--Unaccompanied and Accompanied Alien Minors Apprehended 
                            Along the Border

Sec. 2501. Repatriation of unaccompanied alien children.
Sec. 2502. Special immigrant juvenile status for immigrants unable to 
              reunite with either parent.
Sec. 2503. Jurisdiction of asylum applications.
Sec. 2504. Quarterly report to Congress.
Sec. 2505. Biannual report to Congress.
Sec. 2506. Clarification of standards for family detention.

[[Page S1047]]

                     TITLE III--BORDER ENFORCEMENT

Sec. 3001. Short title.

                      Subtitle A--Border Security

Sec. 3101. Definitions.

                Chapter 1--Infrastructure and Equipment

Sec. 3111. Strengthening the requirements for barriers along the 
              southern border.
Sec. 3112. Air and Marine Operations flight hours.
Sec. 3113. Capability deployment to specific sectors and transit zone.
Sec. 3114. U.S. Border Patrol activities.
Sec. 3115. Border security technology program management.
Sec. 3116. Reimbursement of States for deployment of the National Guard 
              at the southern border.
Sec. 3117. National Guard support to secure the southern border.
Sec. 3118. Prohibitions on actions that impede border security on 
              certain Federal land.
Sec. 3119. Landowner and rancher security enhancement.
Sec. 3120. Eradication of carrizo cane and salt cedar.
Sec. 3121. Southern border threat analysis.
Sec. 3122. Amendments to U.S. Customs and Border Protection.
Sec. 3123. Agent and officer technology use.
Sec. 3124. Integrated Border Enforcement Teams.
Sec. 3125. Tunnel Task Forces.
Sec. 3126. Pilot program on use of electromagnetic spectrum in support 
              of border security operations.
Sec. 3127. Homeland security foreign assistance.

                          Chapter 2--Personnel

Sec. 3131. Additional U.S. Customs and Border Protection agents and 
              officers.
Sec. 3132. U.S. Customs and Border Protection retention incentives.
Sec. 3133. Anti-Border Corruption Reauthorization Act.
Sec. 3134. Training for officers and agents of U.S. Customs and Border 
              Protection.

                           Chapter 3--Grants

Sec. 3141. Operation Stonegarden.

               Chapter 4--Authorization of Appropriations

Sec. 3151. Authorization of appropriations.

   Subtitle B--Emergency Port of Entry Personnel and Infrastructure 
                                Funding

Sec. 3201. Ports of entry infrastructure.
Sec. 3202. Secure communications.
Sec. 3203. Border security deployment program.
Sec. 3204. Non-intrusive inspection operational demonstration.
Sec. 3205. Biometric exit data system.
Sec. 3206. Sense of Congress on cooperation between agencies.
Sec. 3207. Authorization of appropriations.
Sec. 3208. Definition.

         TITLE IV--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

Sec. 4101. Definitions.
Sec. 4102. Contingent nonimmigrant status for certain aliens who 
              entered the United States as minors.
Sec. 4103. Administrative and judicial review.
Sec. 4104. Penalties and signature requirements.
Sec. 4105. Rulemaking.
Sec. 4106. Statutory construction.

                   TITLE I--LEGAL IMMIGRATION REFORM

         Subtitle A--Immigrant Visa Allocations and Priorities

     SEC. 1101. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

       (a) Immediate Relative Redefined.--Section 201 of the 
     Immigration and Nationality Act (8 U.S.C. 1151) is amended--
       (1) in subsection (b)(2)(A)--
       (A) in clause (i), by striking ``children, spouses, and 
     parents of a citizen of the United States, except that, in 
     the case of parents, such citizens shall be at least 21 years 
     of age.'' and inserting ``children and spouse of a citizen of 
     the United States.''; and
       (B) in clause (ii), by striking ``such an immediate 
     relative'' and inserting ``the immediate relative spouse of a 
     United States citizen'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) 
     The worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to 87,934 minus the 
     number computed under paragraph (2).
       ``(2) The number computed under this paragraph for a fiscal 
     year is the number of aliens who were paroled into the United 
     States under section 212(d)(5) in the second preceding fiscal 
     year who--
       ``(A) did not depart from the United States (without 
     advance parole) within 365 days; and
       ``(B)(i) did not acquire the status of an alien lawfully 
     admitted to the United States for permanent residence during 
     the two preceding fiscal years; or
       ``(ii) acquired such status during such period under a 
     provision of law (other than subsection (b)) that exempts 
     adjustment to such status from the numerical limitation on 
     the worldwide level of immigration under this section.''; and
       (3) in subsection (f)--
       (A) in paragraph (2), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)'';
       (B) by striking paragraph (3);
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''.
       (b) Family-Based Visa Preferences.--Section 203(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended 
     to read as follows:
       ``(a) Spouses and Minor Children of Permanent Resident 
     Aliens.--Family-sponsored immigrants described in this 
     subsection are qualified immigrants who are the spouse or a 
     child of an alien lawfully admitted for permanent residence 
     and shall be allocated visas in accordance with the number 
     computed under section 201(c).''.
       (c) Aging Out.--Section 203(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(h)) is amended--
       (1) by striking ``(a)(2)(A)'' each place such term appears 
     and inserting ``(a)(2)'';
       (2) by amending paragraph (1) to read as follows:
       ``(1) In general.--Subject to paragraph (2), for purposes 
     of subsections (a)(2) and (d), a determination of whether an 
     alien satisfies the age requirement in the matter preceding 
     subparagraph (A) of section 101(b)(1) shall be made using the 
     age of the alien on the date on which a petition is filed 
     with the Secretary of Homeland Security.'';
       (3) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) Limitation.--Notwithstanding the age of an alien on 
     the date on which a petition is filed, an alien who marries 
     or attains 25 years of age before being issued a visa 
     pursuant to subsection (a)(2) or (d), no longer satisfies the 
     age requirement described in paragraph (1).''; and
       (5) in paragraph (5), as redesignated, by striking ``(3)'' 
     and inserting ``(4)''.
       (d) Conforming Amendments.--
       (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
     is amended by striking ``section 203(a)(2)(A)'' each place 
     such term appears and inserting ``section 203(a)''.
       (2) Numerical limitation to any single foreign state.--
     Section 202 of such Act (8 U.S.C. 1152) is amended--
       (A) in subsection (a)(4)--
       (i) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) 75 percent of family-sponsored immigrants not subject 
     to per country limitation.--Of the visa numbers made 
     available under section 203(a) in any fiscal year, 75 percent 
     shall be issued without regard to the numerical limitation 
     under paragraph (2).
       ``(B) Treatment of remaining 25 percent for countries 
     subject to subsection (e).--
       ``(i) In general.--Of the visa numbers made available under 
     section 203(a) in any fiscal year, 25 percent shall be 
     available, in the case of a foreign state or dependent area 
     that is subject to subsection (e) only to the extent that the 
     total number of visas issued in accordance with subparagraph 
     (A) to natives of the foreign state or dependent area is less 
     than the subsection (e) ceiling.
       ``(ii) Subsection (e) ceiling defined.--In clause (i), the 
     term `subsection (e) ceiling' means, for a foreign state or 
     dependent area, 77 percent of the maximum number of visas 
     that may be made available under section 203(a) to immigrants 
     who are natives of the state or area, consistent with 
     subsection (e).''; and
       (ii) by striking subparagraphs (C) and (D); and
       (B) in subsection (e)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) by striking paragraph (2);
       (iii) by redesignating paragraph (3) as paragraph (2); and
       (iv) in the undesignated matter after paragraph (2), as 
     redesignated, by striking ``, respectively,'' and all that 
     follows and inserting a period.
       (3) Procedure for granting immigrant status.--Section 204 
     of such Act (8 U.S.C. 1154) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``to classification 
     by reason of a relationship described in paragraph (1), (3), 
     or (4) of section 203(a) or'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by redesignating the second subclause 
     (I) as subclause (II); and
       (II) by striking ``203(a)(2)(A)'' each place such terms 
     appear and inserting ``203(a)''; and

       (iii) in subparagraph (D)(i)(I), by striking ``a 
     petitioner'' and all that follows through ``section 
     204(a)(1)(B)(iii).'' and inserting ``an individual younger 
     than 21 years of age for purposes of adjudicating such 
     petition and for purposes of admission as an immediate 
     relative under section 201(b)(2)(A)(i) or a family-sponsored 
     immigrant under section 203(a), as appropriate, 
     notwithstanding the actual age of the individual.'';
       (B) in subsection (f)(1), by striking ``, 203(a)(1), or 
     203(a)(3), as appropriate''; and
       (C) by striking subsection (k).
       (4) Waivers of inadmissibility.--Section 212 of such Act (8 
     U.S.C. 1182) is amended--

[[Page S1048]]

       (A) in subsection (a)(6)(E)(ii), by striking ``section 
     203(a)(2)'' and inserting ``section 203(a)''; and
       (B) in subsection (d)(11), by striking ``(other than 
     paragraph (4) thereof)''.
       (5) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
     of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by 
     striking ``section 203(a)(2)(A)'' each place such term 
     appears and inserting ``section 203(a)''.
       (6) Definition of alien spouse.--Section 216(h)(1)(C) of 
     such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
     ``section 203(a)(2)'' and inserting ``section 203(a)''.
       (7) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
     of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by 
     striking ``section 203(a)(2)'' and inserting ``section 
     203(a)''.
       (e) Creation of Nonimmigrant Classification for Alien 
     Parents of Adult United States Citizens.--
       (1) In general.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (A) in subparagraph (T)(ii)(III), by striking the period at 
     the end and inserting a semicolon;
       (B) in subparagraph (U)(iii), by striking ``or'' at the 
     end;
       (C) in subparagraph (V)(ii)(II), by striking the period at 
     the end and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(W) Subject to section 214(s), an alien who is a parent 
     of a citizen of the United States, if the citizen--
       ``(i) is at least 21 years of age; and
       ``(ii) has never received contingent nonimmigrant status 
     under title IV of the Securing America's Future Act of 
     2018.''.
       (2) Conditions on admission.--Section 214 of such Act (8 
     U.S.C. 1184) is amended by adding at the end the following:
       ``(s)(1) The initial period of authorized admission for a 
     nonimmigrant described in section 101(a)(15)(W) shall be 5 
     years, but may be extended by the Secretary of Homeland 
     Security for additional 5-year periods if the United States 
     citizen son or daughter of the nonimmigrant is still residing 
     in the United States.
       ``(2) A nonimmigrant described in section 101(a)(15)(W)--
       ``(A) is not authorized to be employed in the United 
     States; and
       ``(B) is not eligible for any Federal, State, or local 
     public benefit.
       ``(3) Regardless of the resources of a nonimmigrant 
     described in section 101(a)(15)(W), the United States citizen 
     son or daughter who sponsored the nonimmigrant parent shall 
     be responsible for the nonimmigrant's support while the 
     nonimmigrant resides in the United States.
       ``(4) An alien is ineligible to receive a visa or to be 
     admitted into the United States as a nonimmigrant described 
     in section 101(a)(15)(W) unless the alien provides 
     satisfactory proof that the United States citizen son or 
     daughter has arranged for health insurance coverage for the 
     alien, at no cost to the alien, during the anticipated period 
     of the alien's residence in the United States.''.
       (f) Effective Date; Applicability.--
       (1) Effective date.--The amendments made by this section 
     shall take effect on October 1, 2018.
       (2) Invalidity of certain petitions and applications.--
       (A) In general.--No person may file, and the Secretary of 
     Homeland Security and the Secretary of State may not accept, 
     adjudicate, or approve any petition under section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) filed on or 
     after the date of enactment of this Act seeking 
     classification of an alien under section 201(b)(2)(A)(i) of 
     such Act (8 U.S.C. 1151(b)(2)(A)(i)) with respect to a parent 
     of a United States citizen, or under paragraph (1), (2)(B), 
     (3) or (4) of section 203(a) of such Act (8 U.S.C. 1153(a)). 
     Any application for adjustment of status or an immigrant visa 
     based on such a petition shall be invalid.
       (B) Pending petitions.--Neither the Secretary of Homeland 
     Security nor the Secretary of State may adjudicate or approve 
     any petition under section 204 of the Immigration and 
     Nationality Act (8 U.S.C. 1154) pending as of the date of 
     enactment of this Act seeking classification of an alien 
     under section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) 
     with respect to a parent of a United States citizen, or under 
     paragraph (1), (2)(B), (3) or (4) of section 203(a) of such 
     Act (8 U.S.C. 1153(a)). Any application for adjustment of 
     status or an immigrant visa based on such a petition shall be 
     invalid.
       (3) Applicability to waitlisted applicants.--
       (A) In general.--Notwithstanding the amendments made by 
     this section, an alien with regard to whom a petition or 
     application for status under paragraph (1), (2)(B), (3) or 
     (4) of section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)), as in effect on September 30, 2018, was 
     approved prior to the date of the enactment of this Act, may 
     be issued a visa pursuant to that paragraph in accordance 
     with the availability of visas under subparagraph (B).
       (B) Availability of visas.--Visas may be issued to 
     beneficiaries of approved petitions under each category 
     described in subparagraph (A), but only until such time as 
     the number of visas that would have been allocated to that 
     category in fiscal year 2019, notwithstanding the amendments 
     made by this section, have been issued. When the number of 
     visas described in the previous sentence have been issued for 
     each category described in subparagraph (A), no additional 
     visas may be issued for that category.

     SEC. 1102. ELIMINATION OF DIVERSITY VISA PROGRAM.

       (a) In General.--Section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153) is amended by striking 
     subsection (c).
       (b) Technical and Conforming Amendments.--
       (1) Immigration and nationality act.--The Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (A) in section 101(a)(15)(V), by striking ``section 
     203(d)'' and inserting ``section 203(c)'';
       (B) in section 201--
       (i) in subsection (a)--

       (I) in paragraph (1), by adding ``and'' at the end; and
       (II) by striking paragraph (3); and

       (ii) by striking subsection (e);
       (C) in section 203--
       (i) in subsection (b)(2)(B)(ii)(IV), by striking ``section 
     203(b)(2)(B)'' each place such term appears and inserting 
     ``clause (i)'';
       (ii) by redesignating subsections (d), (e), (f), (g), and 
     (h) as subsections (c), (d), (e), (f), and (g), respectively;
       (iii) in subsection (c), as redesignated, by striking 
     ``subsection (a), (b), or (c)'' and inserting ``subsection 
     (a) or (b)'';
       (iv) in subsection (d), as redesignated--

       (I) by striking paragraph (2); and
       (II) by redesignating paragraph (3) as paragraph (2);

       (v) in subsection (e), as redesignated, by striking 
     ``subsection (a), (b), or (c) of this section'' and inserting 
     ``subsection (a) or (b)'';
       (vi) in subsection (f), as redesignated, by striking 
     ``subsections (a), (b), and (c)'' and inserting ``subsections 
     (a) and (b)''; and
       (vii) in subsection (g), as redesignated--

       (I) by striking ``(d)'' each place such term appears and 
     inserting ``(c)''; and
       (II) in paragraph (2)(B), by striking ``subsection (a), 
     (b), or (c)'' and inserting ``subsection (a) or (b)'';

       (D) in section 204--
       (i) in subsection (a)(1), by striking subparagraph (I);
       (ii) in subsection (e), by striking ``subsection (a), (b), 
     or (c) of section 203'' and inserting ``subsection (a) or (b) 
     of section 203''; and
       (iii) in subsection (l)(2)--

       (I) in subparagraph (B), by striking ``section 203 (a) or 
     (d)'' and inserting ``subsection (a) or (c) of section 203''; 
     and
       (II) in subparagraph (C), by striking ``section 203(d)'' 
     and inserting ``section 203(c)'';

       (E) in section 214(q)(1)(B)(i), by striking ``section 
     203(d)'' and inserting ``section 203(c)'';
       (F) in section 216(h)(1), in the undesignated matter 
     following subparagraph (C), by striking ``section 203(d)'' 
     and inserting ``section 203(c)''; and
       (G) in section 245(i)(1)(B), by striking ``section 203(d)'' 
     and inserting ``section 203(c)''.
       (2) Immigrant investor pilot program.--Section 610(d) of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1993 
     (Public Law 102-395) is amended by striking ``section 203(e) 
     of such Act (8 U.S.C. 1153(e))'' and inserting ``section 
     203(d) of such Act (8 U.S.C. 1153(d))''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     beginning on or after the date of the enactment of this Act.

     SEC. 1103. EMPLOYMENT-BASED IMMIGRATION PRIORITIES.

       (a) Increase in Visas for Skilled Workers.--The Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 201(d)(1)(A), by striking ``140,000'' and 
     inserting ``195,000''; and
       (2) in section 203(b)--
       (A) in paragraph (1), by striking ``28.6 percent of such 
     worldwide level'' and inserting ``58,374'';
       (B) in paragraphs (2) and (3), by striking ``28.6 percent 
     of such worldwide level'' each place it appears and inserting 
     ``58,373''; and
       (C) by striking ``7.1 percent of such worldwide level'' 
     each place it appears and inserting ``9,940''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2019 and shall apply to visas 
     made available in fiscal year 2019 and subsequent fiscal 
     years.

     SEC. 1104. WAIVER OF RIGHTS BY B VISA NONIMMIGRANTS.

       Section 101(a)(15)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(B)) is amended by inserting ``, and 
     who has waived any right to review or appeal of an 
     immigration officer's determination as to the admissibility 
     of the alien at the port of entry into the United States, or 
     to contest, other than on the basis of an application for 
     asylum, any action for removal of the alien'' before the 
     semicolon at the end.

                       Subtitle B--Visa Security

     SEC. 1201. CANCELLATION OF ADDITIONAL VISAS.

       (a) In General.--Section 222(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by inserting ``and any other nonimmigrant visa issued 
     by the United States that is in the possession of the alien'' 
     after ``such visa''; and
       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the

[[Page S1049]]

     country of the alien's nationality'' and inserting ``(other 
     than a visa described in paragraph (1)) issued in a consular 
     office located in the country of the alien's nationality or 
     foreign residence''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to any visa issued before, on, or after such 
     date.

     SEC. 1202. VISA INFORMATION SHARING.

       (a) In General.--Section 222(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(f)(2)) is amended--
       (1) by striking ``issuance or refusal'' and inserting 
     ``issuance, refusal, or revocation'';
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``and on the basis of reciprocity'' and all 
     that follows and inserting the following ``may provide to a 
     foreign government information in a Department of State 
     computerized visa database and, when necessary and 
     appropriate, other records covered by this section related to 
     information in such database--'';
       (3) in paragraph (2)(A)--
       (A) by inserting at the beginning ``on the basis of 
     reciprocity,'';
       (B) by inserting ``(i)'' after ``for the purpose of''; and
       (C) by striking ``illicit weapons; or'' and inserting 
     ``illicit weapons, or (ii) determining a person's 
     deportability or eligibility for a visa, admission, or other 
     immigration benefit;'';
       (4) in paragraph (2)(B)--
       (A) by inserting at the beginning ``on the basis of 
     reciprocity,'';
       (B) by striking ``in the database'' and inserting ``such 
     database'';
       (C) by striking ``for the purposes'' and inserting ``for 
     one of the purposes''; and
       (D) by striking ``or to deny visas to persons who would be 
     inadmissible to the United States.'' and inserting ``; or''; 
     and
       (5) in paragraph (2), by adding at the end the following:
       ``(C) with regard to any or all aliens in the database 
     specified data elements from each record, if the Secretary of 
     State determines that it is in the national interest to 
     provide such information to a foreign government.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect 60 days after the date of the enactment of 
     this Act.

     SEC. 1203. RESTRICTING WAIVER OF VISA INTERVIEWS.

       Section 222(h) of the Immigration and Nationality Act (8 
     U.S.C. 1202(h)(1)(B)) is amended--
       (1) in paragraph (1)(C), by inserting ``, in consultation 
     with the Secretary of Homeland Security,'' after ``if the 
     Secretary'';
       (2) in paragraph (1)(C)(i), by inserting ``, where such 
     national interest shall not include facilitation of travel of 
     foreign nationals to the United States, reduction of visa 
     application processing times, or the allocation of consular 
     resources'' before the semicolon at the end; and
       (3) in paragraph (2)--
       (A) by striking ``or'' at the end of subparagraph (E);
       (B) by striking the period at the end of subparagraph (F) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(G) is an individual--
       ``(i) determined to be in a class of aliens determined by 
     the Secretary of Homeland Security to be threats to national 
     security;
       ``(ii) identified by the Secretary of Homeland Security as 
     a person of concern; or
       ``(iii) applying for a visa in a visa category with respect 
     to which the Secretary of Homeland Security has determined 
     that a waiver of the visa interview would create a high risk 
     of degradation of visa program integrity.''.

     SEC. 1204. AUTHORIZING THE DEPARTMENT OF STATE TO NOT 
                   INTERVIEW CERTAIN INELIGIBLE VISA APPLICANTS.

       (a) In General.--Section 222(h)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting 
     ``the alien is determined by the Secretary of State to be 
     ineligible for a visa based upon review of the application 
     or'' after ``unless''.
       (b) Guidance.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of State shall issue 
     guidance to consular officers on the standards and processes 
     for implementing the authority to deny visa applications 
     without interview in cases where the alien is determined by 
     the Secretary of State to be ineligible for a visa based upon 
     review of the application.
       (c) Reports.--Not less frequently than quarterly, the 
     Secretary of State shall submit a report to Congress 
     regarding the denial of visa applications without interview, 
     including--
       (1) the number of such denials; and
       (2) a post-by-post breakdown of such denials.

     SEC. 1205. VISA REFUSAL AND REVOCATION.

       (a) Authority of the Secretary of Homeland Security and the 
     Secretary of State.--
       (1) In general.--Section 428 of the Homeland Security Act 
     of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
     and (c) and inserting the following:
       ``(b) Authority of the Secretary of Homeland Security.--
       ``(1) In general.--Notwithstanding section 104(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1104(a)) or any 
     other provision of law, and except as provided in subsection 
     (c) and except for the authority of the Secretary of State 
     under subparagraphs (A) and (G) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the 
     Secretary--
       ``(A) shall have exclusive authority to issue regulations, 
     establish policy, and administer and enforce the provisions 
     of the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.) and all other immigration or nationality laws relating 
     to the functions of consular officers of the United States in 
     connection with the granting and refusal of a visa; and
       ``(B) may refuse or revoke any visa to any alien or class 
     of aliens if the Secretary, or designee, determines that such 
     refusal or revocation is necessary or advisable in the 
     security or foreign policy interests of the United States.
       ``(2) Effect of revocation.--The revocation of any visa 
     under paragraph (1)(B)--
       ``(A) shall take effect immediately; and
       ``(B) shall automatically cancel any other valid visa that 
     is in the alien's possession.
       ``(3) Judicial review.--Notwithstanding any other provision 
     of law, including section 2241 of title 28, United States 
     Code, or any other habeas corpus provision, and sections 1361 
     and 1651 of such title, no court shall have jurisdiction to 
     review a decision by the Secretary of Homeland Security to 
     refuse or revoke a visa, and no court shall have jurisdiction 
     to hear any claim arising from, or any challenge to, such a 
     refusal or revocation.
       ``(c) Authority of the Secretary of State.--
       ``(1) In general.--The Secretary of State may direct a 
     consular officer to refuse a visa requested by an alien if 
     the Secretary of State determines such refusal to be 
     necessary or advisable in the security or foreign policy 
     interests of the United States.
       ``(2) Limitation.--No decision by the Secretary of State to 
     approve a visa may override a decision by the Secretary of 
     Homeland Security under subsection (b).''.
       (2) Authority of the secretary of state.--Section 221(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1201(i)) is 
     amended by striking ``subsection, except in the context of a 
     removal proceeding if such revocation provides the sole 
     ground for removal under section 237(a)(1)(B).'' and 
     inserting ``subsection.''.
       (3) Conforming amendment.--Section 237(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is 
     amended by striking ``under section 221(i)''.
       (4) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to visa refusals and revocations occurring 
     before, on, or after such date.
       (b) Technical Corrections to the Homeland Security Act.--
     Section 428(a) of the Homeland Security Act of 2002 (6 U.S.C. 
     236(a)) is amended--
       (1) by striking ``subsection'' and inserting ``section''; 
     and
       (2) by striking ``consular office'' and inserting 
     ``consular officer''.

     SEC. 1206. PETITION AND APPLICATION PROCESSING FOR VISAS AND 
                   IMMIGRATION BENEFITS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 211 the following:

     ``SEC. 211A. PETITION AND APPLICATION PROCESSING.

       ``(a) Signature Requirement.--
       ``(1) In general.--No petition or application filed with 
     the Secretary of Homeland Security or with a consular officer 
     relating to the issuance of a visa or to the admission of an 
     alien to the United States as an immigrant or as a 
     nonimmigrant may be approved unless the petition or 
     application is signed by each party required to sign such 
     petition or application.
       ``(2) Applications for immigrant visas.--Except as may be 
     otherwise prescribed by regulations, each application for an 
     immigrant visa shall be signed by the applicant in the 
     presence of the consular officer, and verified by the oath of 
     the applicant administered by the consular officer.
       ``(b) Completion Requirement.--No petition or application 
     filed with the Secretary of Homeland Security or with a 
     consular officer relating to the issuance of a visa or to the 
     admission of an alien to the United States as an immigrant or 
     as a nonimmigrant may be approved unless each applicable 
     portion of the petition or application has been completed.
       ``(c) Translation Requirement.--No document submitted in 
     support of a petition or application for a nonimmigrant or 
     immigrant visa may be accepted by a consular officer if such 
     document contains information in a foreign language, unless 
     such document is accompanied by a full English translation, 
     which the translator has certified as complete and accurate, 
     and by the translator's certification that he or she is 
     competent to translate from the foreign language into 
     English.
       ``(d) Requests for Additional Information.--If the 
     Secretary of Homeland Security or a consular officer requests 
     any additional information relating to a petition or 
     application filed with the Secretary or consular officer 
     relating to the issuance of a visa or to the admission of an 
     alien to the United States as an immigrant or as a 
     nonimmigrant, such petition or application may not be 
     approved unless all of the additional information requested--
       ``(1) is provided on or before any reasonably established 
     deadline included in the request; or

[[Page S1050]]

       ``(2) is shown to have been previously provided, in 
     complete form.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 211 
     the following:

``Sec. 211A. Petition and application processing.''.
       (c) Application.--The amendments made by this section shall 
     apply with respect to applications and petitions filed after 
     the date of the enactment of this Act.

     SEC. 1207. FRAUD PREVENTION.

       (a) Prospective Analytics Technology.--
       (1) Plan for implementation.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security shall submit a plan to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives for the use of advanced 
     analytics software to ensure the proactive detection of fraud 
     in immigration benefits applications and petitions and to 
     ensure that any such applicant or petitioner does not pose a 
     threat to national security.
       (2) Implementation of plan.--Not later than 1 year after 
     the date of the submission of the plan under paragraph (1), 
     the Secretary of Homeland Security shall begin implementing 
     the plan.
       (b) Benefits Fraud Assessment.--
       (1) In general.--Not later than September 30, 2021, the 
     Secretary of Homeland Security, acting through the Fraud 
     Detection and Nationality Security Directorate, shall 
     complete a benefit fraud assessment on--
       (A) petitions by VAWA self-petitioners (as defined in 
     section 101(a)(51) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(51));
       (B) applications or petitions for visas or status under 
     section 101(a)(15)(K) of such Act or under section 201(b)(2) 
     of such Act (8 U.S.C. 1151(b)(2), in the case of spouses;
       (C) applications for visas or status under section 
     101(a)(27)(J) of such Act;
       (D) applications for visas or status under section 
     101(a)(15)(U) of such Act;
       (E) petitions for visas or status under section 
     101(a)(27)(C) of such Act;
       (F) applications for asylum under section 208 of such Act 
     (8 U.S.C. 1158);
       (G) applications for adjustment of status under section 209 
     of such Act (8 U.S.C. 1159); and
       (H) petitions for visas or status under section 201(b) of 
     such Act (8 U.S.C. 1151(b)).
       (2) Reporting on findings.--Not later than 30 days after 
     the completion of each benefit fraud assessment under 
     paragraph (1), the Secretary 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 includes--
       (A) the results of such assessment; and
       (B) recommendations for reducing instances of fraud 
     identified by the assessment.

     SEC. 1208. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF 
                   DRUG TRAFFICKERS.

       Section 202(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)) is amended--
       (1) in subparagraph (C)(ii), by striking ``is the spouse, 
     son, or daughter'' and inserting ``is or has been the spouse, 
     son, or daughter''; and
       (2) in subparagraph (H)(ii), by striking ``is the spouse, 
     son, or daughter'' and inserting ``is or has been the spouse, 
     son, or daughter''.

     SEC. 1209. DNA TESTING.

       Section 222(b) of the Immigration and Nationality Act (8 
     U.S.C. 1202(b)) is amended by inserting ``If the consular 
     officer or immigration official considers that DNA evidence 
     is necessary to establish a family relationship, the 
     immigrant shall provide DNA evidence of such a relationship 
     in accordance with procedures established for submitting such 
     evidence. The Secretary of Homeland Security, in consultation 
     with the Secretary of State, may issue regulations to require 
     DNA evidence from applicants for certain visa classifications 
     to establish family relationships.'' after ``by the consular 
     officer.''.

     SEC. 1210. ACCESS TO NCIC CRIMINAL HISTORY DATABASE FOR 
                   DIPLOMATIC VISAS.

       Subsection (a) of article V of section 217 of the National 
     Criminal History Access and Child Protection Act (34 U.S.C. 
     40316(V)(a)) is amended by inserting ``, except for 
     diplomatic visa applications for which only full biographical 
     information is required'' before the period at the end.

     SEC. 1211. ELIMINATION OF SIGNED PHOTOGRAPH REQUIREMENT FOR 
                   VISA APPLICATIONS.

       Section 221(b) of the Immigration and Nationality Act (8 
     U.S.C. 1201(b)) is amended by striking the first sentence and 
     insert the following: ``Each alien who applies for a visa 
     shall be registered in connection with his or her application 
     and shall furnish copies of his or her photograph for such 
     use as may be required by regulation.''.

     SEC. 1212. ADDITIONAL FRAUD DETECTION AND PREVENTION.

       Section 286(v)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1356(v)(2)(A)) is amended--
       (1) in the matter preceding clause (i), by striking ``at 
     United States embassies and consulates abroad'';
       (2) by amending clause (i) to read as follows:
       ``(i) to increase the number of diplomatic security 
     personnel assigned exclusively or primarily to the function 
     of preventing and detecting visa fraud;''; and
       (3) in clause (ii), by striking ``, including primarily 
     fraud by applicants for visas described in subparagraph 
     (H)(i), (H)(ii), or (L) of section 101(a)(15)''.

               TITLE II--INTERIOR IMMIGRATION ENFORCEMENT

             Subtitle A--New Illegal Deduction Eliminations

     SEC. 2101. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED 
                   ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME.

       (a) In General.--Subsection (c) of section 162 of the 
     Internal Revenue Code of 1986 (relating to illegal bribes, 
     kickbacks, and other payments) is amended by adding at the 
     end the following new paragraph:
       ``(4) Wages paid to or on behalf of unauthorized aliens.--
       ``(A) In general.--No deduction shall be allowed under 
     subsection (a) for any wage paid to or on behalf of an 
     unauthorized alien, as defined under section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
       ``(B) Wages.--For the purposes of this paragraph, the term 
     `wages' means all remuneration for employment, including the 
     cash value of all remuneration (including benefits) paid in 
     any medium other than cash.
       ``(C) Safe harbor.--If a person or other entity is 
     participating in the E-Verify Program described in section 
     403(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains 
     confirmation of identity and employment eligibility in 
     compliance with the terms and conditions of the program with 
     respect to the hiring (or recruitment or referral) of an 
     employee, subparagraph (A) shall not apply with respect to 
     wages paid to such employee.
       ``(D) Burden of proof.--In the case of any examination of a 
     return in connection with a deduction under this section by 
     reason of this paragraph, the Secretary shall bear the burden 
     of proving that wages were paid to or on behalf of an 
     unauthorized alien.
       ``(E) Limitation on taxpayer audit.--The Secretary may not 
     commence an audit or other investigation of a taxpayer solely 
     on the basis of a deduction taken under this section by 
     reason of this paragraph.''.
       (b) Six-Year Limitation on Assessment and Collection.--
     Subsection (c) of section 6501 of the Internal Revenue Code 
     of 1986 (relating to exceptions) is amended by adding at the 
     end the following new paragraph:
       ``(12) Deduction claimed for wages paid to unauthorized 
     aliens.--In the case of a return of tax on which a deduction 
     is shown in violation of section 162(c)(4), any tax under 
     chapter 1 may be assessed, or a proceeding in court for the 
     collection of such tax may be begun without assessment, at 
     any time within 6 years after the return was filed.''.
       (c) Use of Documentation for Enforcement Purposes.--Section 
     274A of the Immigration and Nationality Act (8 U.S.C. 1324a) 
     is amended--
       (1) in subparagraph (b)(5), by inserting ``, section 
     162(c)(4) of the Internal Revenue Code of 1986,'' after 
     ``enforcement of this Act'';
       (2) in subparagraph (d)(2)(F), by inserting ``, section 
     162(c)(4) of the Internal Revenue Code of 1986,'' after 
     ``enforcement of this Act''; and
       (3) in subparagraph (d)(2)(G), by inserting ``section 
     162(c)(4) of the Internal Revenue Code of 1986 or'' after 
     ``or enforcement of''.
       (d) Availability of Information.--
       (1) In general.--The Commissioner of Social Security, the 
     Secretary of the Department of Homeland Security, and the 
     Secretary of the Treasury, shall jointly establish a program 
     to share information among such agencies that may or could 
     lead to the identification of unauthorized aliens (as defined 
     under section 274A(h)(3) of the Immigration and Nationality 
     Act), including any no-match letter, any information in the 
     earnings suspense file, and any information in the 
     investigation and enforcement of section 162(c)(4) of the 
     Internal Revenue Code of 1986.
       (2) Disclosure by secretary of the treasury.--
       (A) In general.--Subsection (i) of section 6103 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(9) Payment of wages to unauthorized aliens.--Upon 
     request from the Commissioner of the Social Security 
     Administration or the Secretary of the Department of Homeland 
     Security, the Secretary shall disclose to officers and 
     employees of such Administration or Department--
       ``(A) taxpayer identity information of employers who paid 
     wages with respect to which a deduction was not allowed by 
     reason of section 162(c)(4), and
       ``(B) taxpayer identity information of individuals to whom 
     such wages were paid,
     for purposes of carrying out any enforcement activities of 
     such Administration or Department with respect to such 
     employers or individuals.''.
       (B) Recordkeeping.--Paragraph (4) of section 6103(p) of 
     such Code is amended--
       (i) by striking ``(5), or (7)'' in the matter preceding 
     subparagraph (A) and inserting ``(5), (7), or (9)'', and
       (ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and 
     inserting ``(5), (7), or (9)''.
       (e) Effective Date.--
       (1) Except as provided in paragraph (2), this Act and the 
     amendments made by this Act shall take effect on the date of 
     the enactment of this Act.

[[Page S1051]]

       (2) The amendments made by subsections (a) and (b) shall 
     apply to taxable years beginning after December 31, 2017.

     SEC. 2102. MODIFICATION OF E-VERIFY PROGRAM.

       (a) Making Permanent.--Subsection (b) of section 401 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note) is amended by striking the last 
     sentence.
       (b) Application to Current Employees.--
       (1) Voluntary election.--The first sentence of section 
     402(a) of such Act is amended to read as follows: ``Any 
     person or other entity that conducts any hiring (or 
     recruitment or referral) in a State or employs any 
     individuals in a State may elect to participate in the E-
     Verify Program.''.
       (2) Benefit of rebuttable presumption.--Paragraph (1) of 
     section 402(b) of such Act is amended by adding at the end 
     the following: ``If a person or other entity is participating 
     in the E-Verify Program and obtains confirmation of identity 
     and employment eligibility in compliance with the terms and 
     conditions of the program with respect to individuals 
     employed by the person or entity, the person or entity has 
     established a rebuttable presumption that the person or 
     entity has not violated section 274A(a)(2) with respect to 
     such individuals.''.
       (3) Scope of election.--Subparagraph (A) of section 
     402(c)(2) of such Act is amended to read as follows:
       ``(A) In general.--Any electing person or other entity may 
     provide that the election under subsection (a) shall apply 
     (during the period in which the election is in effect)--
       ``(i) to all its hiring (and all recruitment or referral);
       ``(ii) to all its hiring (and all recruitment or referral 
     and all individuals employed by the person or entity);
       ``(iii) to all its hiring (and all recruitment or referral) 
     in one or more States or one or more places of hiring (or 
     recruitment or referral, as the case may be); or
       ``(iv) to all its hiring (and all recruitment or referral 
     and all individuals employed by the person or entity) in one 
     or more States or one or more place of hiring (or recruitment 
     or referral or employment, as the case may be).''.
       (4) Procedures for participants in e-verify program.--
     Subsection (a) of section 403 of such Act is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or continued employment in the United States'' after 
     ``United States''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking all that follows ``(as 
     specified by the Secretary of Homeland Security)'' and 
     inserting ``after the date of the hiring, or recruitment or 
     referral, in the case of inquiries made pursuant to a hiring, 
     recruitment or referral (and not of previously hired 
     individuals).''; and
       (ii) in subparagraph (B), by striking ``such 3 working 
     days'' and inserting ``the specified period''.
       (c) Application to Job Applicants.--Section 402(c)(2) of 
     such Act is amended by adding at the end the following:
       ``(C) Job offer may be made conditional on final 
     confirmation by e-verify.--A person or other entity that 
     elects to participate in the E-Verify Program may offer a 
     prospective employee an employment position conditioned on 
     final verification of the identity and employment eligibility 
     of the employee using the employment eligibility confirmation 
     system established under section 404.''.

   Subtitle B--Sanctuary Cities and State and Local Law Enforcement 
                              Cooperation

     SEC. 2201. SHORT TITLE.

       This subtitle may be cited as the ``No Sanctuary for 
     Criminals Act''.

     SEC. 2202. STATE NONCOMPLIANCE WITH ENFORCEMENT OF 
                   IMMIGRATION LAW.

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--Notwithstanding any other provision of 
     Federal, State, or local law, no Federal, State, or local 
     government entity, and no individual, may prohibit or in any 
     way restrict, a Federal, State, or local government entity, 
     official, or other personnel from complying with the 
     immigration laws (as defined in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or 
     from assisting or cooperating with Federal law enforcement 
     entities, officials, or other personnel regarding the 
     enforcement of these laws.
       ``(b) Law Enforcement Activities.--Notwithstanding any 
     other provision of Federal, State, or local law, no Federal, 
     State, or local government entity, and no individual, may 
     prohibit, or in any way restrict, a Federal, State, or local 
     government entity, official, or other personnel from 
     undertaking any of the following law enforcement activities 
     relating to information regarding the citizenship or 
     immigration status, the inadmissibility, the deportability, 
     or the custody status, of any individual:
       ``(1) Making inquiries to any individual in order to obtain 
     such information regarding such individual or any other 
     individuals.
       ``(2) Notifying the Federal Government regarding the 
     presence of individuals who are encountered by law 
     enforcement officials or other personnel of a State or 
     political subdivision of a State.
       ``(3) Complying with requests for such information from 
     Federal law enforcement entities, officials, or other 
     personnel.'';
       (2) in subsection (c), by striking ``Immigration and 
     Naturalization Service'' and inserting ``Department of 
     Homeland Security''; and
       (3) by adding at the end the following:
       ``(d) Compliance.--
       ``(1) Eligibility for certain grant programs.--A State, or 
     a political subdivision of a State, that is not in compliance 
     with subsection (a) or (b) is not eligible to receive--
       ``(A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)), the 
     `Cops on the Beat' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10381 et seq.), or the Edward Byrne Memorial Justice 
     Assistance Grant Program under subpart 1 of part E of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10151 et seq.); or
       ``(B) any other grant administered by the Department of 
     Justice that is substantially related to law enforcement 
     (including enforcement of the immigration laws), immigration, 
     enforcement of the immigration laws, or naturalization or 
     administered by the Department of Homeland Security that is 
     substantially related to immigration, the enforcement of the 
     immigration laws, or naturalization.
       ``(2) Transfer of custody of aliens pending removal 
     proceedings.--The Secretary, at the Secretary's discretion, 
     may decline to transfer an alien in the custody of the 
     Department of Homeland Security to a State or political 
     subdivision of a State that is not in compliance with 
     subsection (a) or (b), regardless of whether the State or 
     political subdivision of the State has issued a writ or 
     warrant.
       ``(3) Transfer of custody of certain aliens prohibited.--
     The Secretary may not transfer an alien with a final order of 
     removal pursuant to paragraph (1)(A) or (5) of section 241(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to 
     a State or a political subdivision of a State that is not in 
     compliance with subsection (a) or (b).
       ``(4) Annual determination.--The Secretary shall--
       ``(A) determine, for each calendar year, which States or 
     political subdivisions of a State are not in compliance with 
     subsection (a) or (b); and
       ``(B) report such determinations to Congress not later than 
     March 1 of the succeeding calendar year.
       ``(5) Noncompliance reports.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     issue a report concerning the compliance with subsections (a) 
     and (b) of any particular State or political subdivision of a 
     State at the request of the Committee on the Judiciary of the 
     Senate or the Committee on the Judiciary of the House of 
     Representatives.
       ``(B) Term of ineligibility.--Any jurisdiction that is not 
     in compliance with subsection (a) or (b) shall be ineligible 
     to receive the Federal financial assistance described in 
     paragraph (1) for at least 1 year.
       ``(C) Certification.--Any jurisdiction subject to paragraph 
     (1) is not eligible to receive the Federal financial 
     assistance described in such paragraph until after the 
     Secretary of Homeland Security certifies that the 
     jurisdiction has come into compliance with subsections (a) 
     and (b).
       ``(6) Reallocation.--Any funds that are not allocated to a 
     State or to a political subdivision of a State due to the 
     failure of the State or of the political subdivision of the 
     State to comply with subsection (a) or (b) shall be 
     reallocated to States or to political subdivisions of States 
     that comply with both such subsections.
       ``(e) Construction.--Nothing in this section may be 
     construed to require law enforcement officials from States, 
     or from political subdivisions of States, to report or arrest 
     victims or witnesses of a criminal offense.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that section 642(d) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996, as added by 
     subsection (a)(3), shall only apply to prohibited acts 
     committed on or after such date of enactment.

     SEC. 2203. CLARIFYING THE AUTHORITY OF U.S. IMMIGRATION AND 
                   CUSTOMS ENFORCEMENT DETAINERS.

       (a) In General.--Section 287(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(d)) is amended to read as 
     follows:
       ``(d) Detainer of Inadmissible or Deportable Aliens.--
       ``(1) In general.--If an individual is arrested by any 
     Federal, State, or local law enforcement official or other 
     personnel for the alleged violation of any criminal or motor 
     vehicle law, the Secretary may issue a detainer regarding the 
     individual to any Federal, State, or local law enforcement 
     entity, official, or other personnel if the Secretary has 
     probable cause to believe that the individual is an 
     inadmissible or deportable alien.
       ``(2) Probable cause.--Probable cause is established under 
     paragraph (1) if--
       ``(A) the individual who is the subject of the detainer--
       ``(i) matches, pursuant to biometric confirmation or other 
     Federal database records, the identity of an alien who the 
     Secretary has reasonable grounds to believe to be 
     inadmissible or deportable;
       ``(ii) is the subject of ongoing removal proceedings, 
     including matters where a charging document has already been 
     served;

[[Page S1052]]

       ``(iii) has previously been ordered removed from the United 
     States and such an order is administratively final; or
       ``(iv) has made voluntary statements or provided reliable 
     evidence that indicate that they are an inadmissible or 
     deportable alien; or
       ``(B) the Secretary has reasonable grounds to believe that 
     the individual who is the subject of the detainer is an 
     inadmissible or deportable alien.
       ``(3) Transfer of custody.--If the Federal, State, or local 
     law enforcement entity, official, or other personnel to whom 
     a detainer is issued complies with the detainer and detains 
     for purposes of transfer of custody to the Department of 
     Homeland Security the individual who is the subject of the 
     detainer, the Department may take custody of the individual 
     within 48 hours (excluding weekends and holidays), but in no 
     instance more than 96 hours, following the date that the 
     individual is otherwise to be released from the custody of 
     the relevant Federal, State, or local law enforcement 
     entity.''.
       (b) Immunity.--
       (1) In general.--A State or a political subdivision of a 
     State (and the officials and personnel of the State or 
     subdivision acting in their official capacities), and a 
     nongovernmental entity (and its personnel) contracted by the 
     State or political subdivision for the purpose of providing 
     detention, acting in compliance with a Department of Homeland 
     Security detainer issued pursuant to this section who 
     temporarily holds an alien in its custody pursuant to the 
     terms of a detainer so that the alien may be taken into the 
     custody of the Department of Homeland Security, shall be 
     considered to be acting under color of Federal authority for 
     purposes of determining their liability and shall be held 
     harmless for their compliance with the detainer in any suit 
     seeking any punitive, compensatory, or other monetary 
     damages.
       (2) Federal government as defendant.--In any civil action 
     arising out of the compliance with a Department of Homeland 
     Security detainer by a State or a political subdivision of a 
     State (and the officials and personnel of the State or 
     subdivision acting in their official capacities), or a 
     nongovernmental entity (and its personnel) contracted by the 
     State or political subdivision for the purpose of providing 
     detention, the United States Government shall be the proper 
     party named as the defendant in the suit in regard to the 
     detention resulting from compliance with the detainer.
       (3) Bad faith exception.--Paragraphs (1) and (2) shall not 
     apply to any mistreatment of an individual by a State or a 
     political subdivision of a State (and the officials and 
     personnel of the State or subdivision acting in their 
     official capacities), or a nongovernmental entity (and its 
     personnel) contracted by the State or political subdivision 
     for the purpose of providing detention.
       (c) Private Right of Action.--
       (1) Cause of action.--Any individual, or a spouse, parent, 
     or child of that individual (if the individual is deceased), 
     who is the victim of a murder, rape, or any felony, as 
     defined by the State, for which an alien (as defined in 
     section 101(a)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(3))) has been convicted and sentenced to a 
     term of imprisonment of at least 1 year, may bring an action 
     against a State, a political subdivision of a State, or a 
     public official, acting in an official capacity, in the 
     appropriate Federal court if the State or political 
     subdivision, except as provided in paragraph (3)--
       (A) released the alien from custody prior to the commission 
     of such crime as a consequence of the State or political 
     subdivision's declining to honor a detainer issued pursuant 
     to section 287(d)(1) of the Immigration and Nationality Act 
     (8 U.S.C. 1357(d)(1));
       (B) has in effect a statute, policy, or practice not in 
     compliance with section 642 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) as 
     amended, and as a consequence of its statute, policy, or 
     practice, released the alien from custody before the 
     commission of such crime; or
       (C) has in effect a statute, policy, or practice requiring 
     a subordinate political subdivision to decline to honor any 
     or all detainers issued pursuant to section 287(d)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), and, 
     as a consequence of its statute, policy or practice, the 
     subordinate political subdivision declined to honor a 
     detainer issued pursuant to such section, and as a 
     consequence released the alien from custody before the 
     commission of such crime.
       (2) Limitations on bringing action.--An action may not be 
     brought under this subsection later than 10 years after the 
     occurrence of the crime, or the death of a person as a result 
     of such crime, whichever occurs later.
       (3) Proper defendant.--If a State or a political 
     subdivision of a State has in effect a statute or other legal 
     requirement prohibiting political entities within its 
     jurisdiction from honoring a detainer issued pursuant to 
     section 287(d)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1357(d)(1)) or from fully complying with section 642 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373) and a political 
     entity declines to honor such a detainer against an alien 
     described in paragraph (1) based on such statute or legal 
     requirement and releases such alien before the alien commits 
     a crime referred to in such paragraph--
       (A) the State or political subdivision that enacted such 
     statute or legal requirement shall be deemed to be the proper 
     defendant in a cause of action under paragraph (1); and
       (B) no such cause of action may be maintained against the 
     political entity that declined to honor the detainer.
       (4) Attorney's fee and other costs.--In any action or 
     proceeding under this subsection, the court shall allow a 
     prevailing plaintiff a reasonable attorneys' fee as part of 
     the costs, including expert fees.
       (d) Eligibility for Certain Grant Programs.--
       (1) In general.--Except as provided in paragraph (2), a 
     State or political subdivision of a State that has in effect 
     a statute, policy, or practice that prohibits it from 
     complying with any or all Department of Homeland Security 
     detainers issued pursuant to section 287(d)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(d)) shall not 
     be eligible to receive--
       (A) any of the funds that would otherwise be allocated to 
     the State or political subdivision under section 241(i) of 
     the Immigration and Nationality Act (8 U.S.C. 1231(i)), the 
     ``Cops on the Beat'' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10301 et seq.), or the Edward Byrne Memorial Justice 
     Assistance Grant Program under subpart 1 of part E of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10151 et seq.); or
       (B) any other grant administered by the Department of 
     Justice that is substantially related to law enforcement 
     (including enforcement of the immigration laws), immigration, 
     or naturalization or grant administered by the Department of 
     Homeland Security that is substantially related to 
     immigration, enforcement of the immigration laws, or 
     naturalization.
       (2) Exception.--A political entity described in subsection 
     (c)(3) that declines to honor a detainer issued pursuant to 
     section 287(d)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1357(d)(1)) as a consequence of being required to 
     comply with a statute or other legal requirement of a State 
     or another political subdivision with jurisdiction over that 
     political subdivision, shall remain eligible to receive grant 
     funds described in paragraph (1), but the State or political 
     subdivision that enacted such statute or other legal 
     requirement shall not be eligible to receive such funds.

     SEC. 2204. SARAH AND GRANT'S LAW.

       (a) Detention of Aliens During Removal Proceedings.--
       (1) Clerical amendments.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226) is amended--
       (A) by striking ``Attorney General'' each place it appears 
     (except in the second place that term appears in subsection 
     (a)) and inserting ``Secretary of Homeland Security''; and
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General''; and
       (ii) in paragraph (2), by amending subparagraph (B) to read 
     as follows:
       ``(B) recognizance; and'';
       (C) in subsection (b), by striking ``parole'' and inserting 
     ``recognizance''; and
       (D) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''.
       (2) Detention of criminal aliens.--Section 236(c)(1) of 
     such 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) subparagraph (C), by striking ``sentence to a term of 
     imprisonment of at least 1 year, or'' and inserting 
     ``sentenced to a term of imprisonment of at least 1 year;'';
       (D) in subparagraph (D), by striking the comma at the end 
     and inserting a semicolon;
       (E) by inserting after subparagraph (D) the following:
       ``(E) is unlawfully present in the United States and has 
     been convicted for driving while intoxicated (including a 
     conviction for driving while under the influence or impaired 
     by alcohol or drugs) without regard to whether the conviction 
     is classified as a misdemeanor or felony under State law;
       ``(F)(i)(I) is inadmissible under section 212(a)(6)(i);
       ``(II) is deportable by reason of a visa revocation under 
     section 221(i); or
       ``(III) is deportable under section 237(a)(1)(C)(i); and
       ``(ii) has been arrested or charged with a particularly 
     serious crime or a crime resulting in the death or serious 
     bodily injury (as defined in section 1365(h)(3) of title 18, 
     United States Code) of another person; or''; and
       (F) by striking the undesignated matter at the end 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 whether 
     the alien is released on parole, supervised release, or 
     probation, or whether the alien may be arrested or imprisoned 
     again for the same offense, and, if the activity described in 
     this paragraph does not result in the alien being taken into 
     custody by any person other than the Secretary, the Secretary 
     shall take such alien into custody 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.''.

[[Page S1053]]

       (3) Length of detention; administrative review.--Section 
     236 of such Act (8 U.S.C. 1226) is amended by adding at the 
     end the following:
       ``(f) Length of Detention.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, an alien may be detained, and, if the alien is 
     described in subsection (c), shall be detained, under this 
     section without time limitation, except as provided in 
     subsection (h), during the pendency of removal proceedings.
       ``(2) Construction.--The length of detention under this 
     section shall not affect a detention under section 241.
       ``(g) Administrative Review.--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 if the alien--
       ``(1) is in exclusion proceedings;
       ``(2) is described in section 212(a)(3) or 237(a)(4); or
       ``(3) is described in subsection (c).
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. Bond may not be granted unless the 
     alien establishes, by clear and convincing evidence, that the 
     alien is not a flight risk or a danger to another person or 
     to the community.
       ``(2) Certain aliens ineligible.--An alien detained under 
     subsection (c) may not seek release on bond.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to any alien in detention under section 236 
     of the Immigration and Nationality Act, as amended, or 
     otherwise subject to the provisions of such section, on or 
     after such date.

     SEC. 2205. CLARIFICATION OF CONGRESSIONAL INTENT.

       Section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) is amended--
       (1) in paragraph (1) by striking ``may enter'' and all that 
     follows through the period at the end and inserting the 
     following: ``shall enter into a written agreement with a 
     State, or any political subdivision of a State, upon request 
     of the State or political subdivision, pursuant to which 
     officers or employees of the State or subdivision, who are 
     determined by the Secretary to be qualified to perform a 
     function of an immigration officer in relation to the 
     investigation, apprehension, or detention of aliens in the 
     United States (including the transportation of such aliens 
     across State lines to detention centers), may carry out such 
     function at the expense of the State or political subdivision 
     and to the extent consistent with State and local law. No 
     request from a bona fide State or political subdivision or 
     bona fide law enforcement agency shall be denied absent a 
     compelling reason. No limit on the number of agreements under 
     this subsection may be imposed. The Secretary shall process 
     requests for such agreements with all due haste, and in no 
     case shall take not more than 90 days from the date the 
     request is made until the agreement is consummated.'';
       (2) by redesignating paragraph (2) as paragraph (5);
       (3) by redesignating paragraphs (3) through (10) as 
     paragraphs (7) through (14), respectively;
       (4) by inserting after paragraph (1) the following:
       ``(2) An agreement under this subsection shall accommodate 
     a requesting State or political subdivision with respect to 
     the enforcement model or combination of models, and shall 
     accommodate a patrol model, task force model, jail model, any 
     combination thereof, or any other reasonable model the State 
     or political subdivision believes is best suited to the 
     immigration enforcement needs of its jurisdiction.
       ``(3) No Federal program or technology directed broadly at 
     identifying inadmissible or deportable aliens shall 
     substitute for such agreements, including those establishing 
     a jail model, and shall operate in addition to any agreement 
     under this subsection.
       ``(4)(A) No agreement under this subsection shall be 
     terminated absent a compelling reason.
       ``(B)(i) The Secretary shall provide a State or political 
     subdivision written notice of intent to terminate at least 
     180 days prior to date of intended termination, and the 
     notice shall fully explain the grounds for termination, along 
     with providing evidence substantiating the Secretary's 
     allegations.
       ``(ii) The State or political subdivision shall have the 
     right to a hearing before an administrative law judge and, if 
     the ruling is against the State or political subdivision, to 
     appeal the ruling to the Federal Circuit Court of Appeals 
     and, if the ruling is against the State or political 
     subdivision, to petition the Supreme Court for certiorari.
       ``(C) The agreement shall remain in full effect during the 
     course of any and all legal proceedings.''; and
       (5) by inserting after paragraph (5), as redesignated, the 
     following:
       ``(6) The Secretary of Homeland Security shall make 
     training of State and local law enforcement officers 
     available through as many means as possible, including 
     through residential training at the Center for Domestic 
     Preparedness and the Federal Law Enforcement Training Center, 
     onsite training held at State or local police agencies or 
     facilities, online training courses by computer, 
     teleconferencing, and videotape, or the digital video display 
     (DVD) of a training course or courses. Distance learning 
     through a secure, encrypted, distributed learning system that 
     has all its servers based in the United States, is scalable, 
     survivable, and can have a portal in place not later than 30 
     days after the date of the enactment of the Securing 
     America's Future Act of 2018, shall be made available by the 
     COPS Office of the Department of Justice and the Federal Law 
     Enforcement Training Center Distributed Learning Program for 
     State and local law enforcement personnel. Preference shall 
     be given to private sector-based, web-based immigration 
     enforcement training programs for which the Federal 
     Government has already provided support to develop.''.

     SEC. 2206. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

       (a) In General.--Section 275 of the Immigration and 
     Nationality Act (8 U.S.C. 1325) is amended to read as 
     follows:

     ``SEC. 275. ILLEGAL ENTRY OR PRESENCE.

       ``(a) In General.--
       ``(1) Illegal entry or presence.--An alien shall be subject 
     to the penalties set forth in paragraph (2) if the alien 
     knowingly--
       ``(A) enters or crosses the border into the United States 
     at any time or place other than as designated by the 
     Secretary of Homeland Security;
       ``(B) eludes, at any time or place, examination or 
     inspection by an authorized immigration, customs, or 
     agriculture officer (including by failing to stop at the 
     command of such officer);
       ``(C) enters or crosses the border to the United States 
     and, upon examination or inspection, knowingly makes a false 
     or misleading representation or the knowing concealment of a 
     material fact (including such representation or concealment 
     in the context of arrival, reporting, entry, or clearance 
     requirements of the customs laws, immigration laws, 
     agriculture laws, or shipping laws);
       ``(D) violates the terms or conditions of the alien's 
     admission or parole into the United States and has remained 
     in violation for an aggregate period of 90 days or more; or
       ``(E) is unlawfully present in the United States (as 
     defined in section 212(a)(9)(B)) and has remained in 
     violation for an aggregate period of 90 days or more.
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1)--
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years (or not more 
     than 6 months in the case of a second or subsequent violation 
     of paragraph (1)(E)), or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or for a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both;
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 60 months, such alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (2) are 
     elements of the offenses described and the penalties in such 
     subparagraphs shall apply only in cases in which the 
     conviction or convictions that form the basis for the 
     additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(4) Duration of offense.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration, customs, or agriculture 
     officer, or until the alien is granted a valid visa or relief 
     from removal.
       ``(5) Attempt.--Whoever attempts to commit any offense 
     under this section shall be punished in the same manner as 
     for a completion of such offense.
       ``(b) Improper Time or Place; Civil Penalties.--Any alien 
     who is apprehended while entering, attempting to enter, or 
     knowingly crossing or attempting to cross the border to the 
     United States at a time or place other than as designated by 
     immigration officers shall be subject to a civil penalty, in 
     addition to any criminal or other civil penalties that may be 
     imposed under any other provision of law, in an amount equal 
     to--
       ``(1) not less than $50 or more than $250 for each such 
     entry, crossing, attempted entry, or attempted crossing; or
       ``(2) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by striking the item relating to section 275 and 
     inserting the following:

``Sec. 275. Illegal entry or presence.''.
       (c) Effective Dates and Applicability.--
       (1) Criminal penalties.--Section 275(a) of the Immigration 
     and Nationality Act, as

[[Page S1054]]

     amended by subsection (a), shall take effect on the date that 
     is 90 days after the date of the enactment of this Act, and 
     shall apply to acts, conditions, or violations described in 
     such section 275(a) that occur or exist on or after such 
     effective date.
       (2) Civil penalties.--Section 275(b) of such Act, as 
     amended by subsection (a), shall take effect on the date of 
     the enactment of this Act and shall apply to acts described 
     in such section 275(b) that occur before, on, or after such 
     date.

                      Subtitle C--Criminal Aliens

     SEC. 2301. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

       (a) Inadmissibility on Criminal and Related Grounds; 
     Waivers.--Section 212 of the Immigration and Nationality Act 
     (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I), by striking ``, or'' at the end and 
     inserting a semicolon;
       (ii) in subclause (II), by striking the comma at the end 
     and inserting a semicolon; and
       (iii) by inserting after subclause (II) the following:

       ``(III) a violation of (or a conspiracy or attempt to 
     violate) an offense described in section 208 of the Social 
     Security Act (42 U.S.C. 408) (relating to social security 
     account numbers or social security cards) or section 1028 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification documents, 
     authentication features, and information); or''; and

       (B) by adding at the end the following:
       ``(J) Procurement of citizenship or naturalization 
     unlawfully.--Any alien convicted of, who admits having 
     committed, or who admits committing acts constituting the 
     essential elements of, a violation of, or an attempt or a 
     conspiracy to violate, subsection (a) or (b) of section 1425 
     of title 18, United States Code (relating to the procurement 
     of citizenship or naturalization unlawfully) is inadmissible.
       ``(K) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer for 
     sale, exchange, use, own, possess, or carry, any weapon, 
     part, or accessory which is a firearm or destructive device 
     (as defined in section 921(a) of title 18, United States 
     Code) in violation of any law is inadmissible.
       ``(L) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(M) Crimes of domestic violence, stalking, or violation 
     of protection orders, crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time is convicted of, or who admits 
     committing acts constituting the essential elements of, a 
     crime of domestic violence, a crime of stalking, or a crime 
     of child abuse, child neglect, or child abandonment is 
     inadmissible. In this clause, the term `crime of domestic 
     violence' means any crime of violence (as defined in section 
     16 of title 18, United States Code) against a person 
     committed by a current or former spouse of the person, by an 
     individual with whom the person shares a child in common, by 
     an individual who is cohabiting with or has cohabited with 
     the person as a spouse, by an individual similarly situated 
     to a spouse of the person under the domestic or family 
     violence laws of the jurisdiction where the offense occurs, 
     or by any other individual against a person who is protected 
     from that individual's acts under the domestic or family 
     violence laws of the United States or any State, Indian 
     tribal government, or unit of local or foreign government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that violates the portion of a protection order that involves 
     protection against credible threats of violence, repeated 
     harassment, or bodily injury to the person or persons for 
     whom the protection order was issued is inadmissible. In this 
     clause, the term `protection order' means any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence, including temporary or final 
     orders issued by civil or criminal courts (other than support 
     or child custody orders or provisions) whether obtained by 
     filing an independent action or as a independent order in 
     another proceeding.
       ``(iii) Waiver authorized.--The waiver authority available 
     under section 237(a)(7) with respect to section 
     237(a)(2)(E)(i) shall be available on a comparable basis with 
     respect to this subparagraph.
       ``(iv) Clarification.--If the conviction records do not 
     conclusively establish whether a crime of domestic violence 
     constitutes a crime of violence (as defined in section 16 of 
     title 18, United States Code), the Attorney General may 
     consider other evidence related to the conviction that 
     establishes that the conduct for which the alien was engaged 
     constitutes a crime of violence.''; and
       (2) in subsection (h)--
       (A) by striking ``The Attorney General may, in his 
     discretion, waive the application of subparagraphs (A)(i)(I), 
     (B), (D), and (E) of subsection (a)(2)'' and inserting ``The 
     Attorney General or the Secretary of Homeland Security may, 
     in the discretion of the Attorney General or the Secretary, 
     waive the application of subparagraphs (A)(i)(I), (III), (B), 
     (D), (E), (K), and (M) of subsection (a)(2)'';
       (B) by striking ``a criminal act involving torture.'' and 
     inserting ``a criminal act involving torture, or has been 
     convicted of an aggravated felony.'';
       (C) by striking ``if either since the date of such 
     admission the alien has been convicted of an aggravated 
     felony or the alien'' and inserting ``if since the date of 
     such admission the alien''; and
       (D) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' each place it appears.
       (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(3)(B)) is amended--
       (1) in clause (i), by striking the comma at the end and 
     inserting a semicolon;
       (2) in clause (ii), by striking ``, or'' at the end and 
     inserting a semicolon;
       (3) in clause (iii), by striking the comma at the end and 
     inserting ``; or''; and
       (4) by inserting after clause (iii) the following:
       ``(iv) of a violation of, or an attempt or a conspiracy to 
     violate, section 1425(a) or (b) of title 18 (relating to the 
     procurement of citizenship or naturalization unlawfully),''.
       (c) Deportability; Other Criminal Offenses.--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) Fraud and related activity associated with social 
     security act benefits and identification documents.--Any 
     alien who at any time after admission has been convicted of a 
     violation of (or a conspiracy or attempt to violate) section 
     208 of the Social Security Act (42 U.S.C. 408) (relating to 
     social security account numbers or social security cards) or 
     section 1028 of title 18, United States Code (relating to 
     fraud and related activity in connection with identification) 
     is deportable.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply--
       (1) to any act that occurred before, on, or after the date 
     of the enactment of this Act; and
       (2) to all aliens who are required to establish 
     admissibility on or after such date, and in all removal, 
     deportation, or exclusion proceedings that are filed, 
     pending, or reopened, on or after such date.
       (e) Construction.--The amendments made by subsection (a) 
     may not be construed to create eligibility for relief from 
     removal under section 212(c) of the Immigration and 
     Nationality Act, as in effect on the day before the date of 
     the enactment of this Act, if such eligibility did not exist 
     before the amendments made by subsection (a) became 
     effective.

     SEC. 2302. INCREASED PENALTIES BARRING THE ADMISSION OF 
                   CONVICTED SEX OFFENDERS FAILING TO REGISTER AND 
                   REQUIRING DEPORTATION OF SEX OFFENDERS FAILING 
                   TO REGISTER.

       (a) Inadmissibility.--Section 212(a)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)), 
     as amended by section 2301, is further amended by inserting 
     after subclause (III) the following:

       ``(IV) a violation of section 2250 of title 18, United 
     States Code (relating to failure to register as a sex 
     offender),''.

       (b) Deportability.--Section 237(a)(2) of such Act, as 
     amended by section 2201, is further amended--
       (1) in subparagraph (A)--
       (A) by striking clause (v); and
       (B) by redesignating clause (vi) as clause (v); and
       (2) by adding at the end the following:
       ``(H) Failure to register as a sex offender.--Any alien 
     convicted of, or who admits having committed, or who admits 
     committing acts which constitute the essential elements of a 
     violation of section 2250 of title 18, United States Code 
     (relating to failure to register as a sex offender) is 
     deportable.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 2303. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR 
                   ALIEN GANG MEMBERS.

       (a) 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 5 or more persons that 
     has, as a primary purpose, the commission of 1 or more of the 
     criminal offenses listed in subparagraphs (A) through (G), 
     whether in violation of Federal or State law 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) A felony offense involving firearms or explosives or 
     in violation of section 931 of

[[Page S1055]]

     title 18, United States Code (relating to purchase, 
     ownership, or possession of body armor by violent felons).
       ``(C) 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).
       ``(D) A crime of violence (as defined in section 16 of 
     title 18, United States Code).
       ``(E) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant.
       ``(F) Any conduct punishable under sections 1028A and 1029 
     of title 18, United States Code (relating to aggravated 
     identity theft or 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).
       ``(G) A conspiracy to commit an offense described in 
     subparagraphs (A) through (F).''.
       (b) Inadmissibility.--Section 212(a)(2) of the Immigration 
     and Nationality Act, as amended by sections 2201 and 2302, is 
     further amended by adding at the end the following:
       ``(N) Aliens associated with criminal gangs.--
       ``(i) In general.--An alien is inadmissible if a consular 
     officer, an immigration 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
       ``(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.

       ``(ii) Promotion or conspiracy.--Any alien for whom a 
     consular officer, an immigration officer, the Secretary of 
     Homeland Security, or the Attorney General has reasonable 
     grounds to believe has participated in, been a member of, 
     promoted, or conspired with a criminal gang, either inside or 
     outside of the United States, is inadmissible.
       ``(iii) Intent of entry.--Any alien for whom a consular 
     officer, an immigration officer, the Secretary of Homeland 
     Security, or the Attorney General has reasonable grounds to 
     believe seeks to enter the United States or has entered the 
     United States in furtherance of the activities of a criminal 
     gang, either inside or outside of the United States, is 
     inadmissible.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act, as amended by section 2301 and 2302, is 
     further amended by adding at the end the following:
       ``(I) Aliens associated with criminal gangs.--An alien is 
     deportable if the alien--
       ``(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.''.
       (d) Designation.--
       (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 of Homeland Security, in 
     consultation with the Attorney General, may designate a 
     group, club, organization, or association of 5 or more 
     persons as a criminal gang if the Secretary determines that 
     the conduct of such entity is described in section 
     101(a)(53).
       ``(2) Procedure.--
       ``(A) Notification.--Not later than 7 days before making a 
     designation under paragraph (1), the Secretary, through 
     classified written communication, shall notify the Speaker 
     and the 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 5 or 
     more persons as a criminal gang under paragraph (1) and the 
     justification for such designation.
       ``(B) Publication in the federal register.--The Secretary 
     shall publish the designation in the Federal Register seven 
     days after providing the notification under subparagraph (A).
       ``(3) Record.--
       ``(A) In general.--In making a designation under paragraph 
     (1), the Secretary shall create an administrative record.
       ``(B) Classified information.--The Secretary may consider 
     classified information in making a designation under 
     paragraph (1). 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).
       ``(4) Period of designation.--
       ``(A) In general.--A designation under paragraph (1) shall 
     be effective for all purposes until revoked under paragraph 
     (5) or (6) or set aside under subsection (c).
       ``(B) Review of designation upon petition.--
       ``(i) In general.--The Secretary shall review the 
     designation of a criminal gang in accordance with clauses 
     (iii) and (iv) if the designated group, club, organization, 
     or association of 5 or more persons files a petition for 
     revocation within the petition period described in clause 
     (ii).
       ``(ii) Petition period.--

       ``(I) If a designated group, club, organization, or 
     association of 5 or more persons has not previously filed a 
     petition for revocation under clause (i), the petition period 
     begins 2 years after the date on which the designation was 
     made.
       ``(II) If the designated group, club, organization, or 
     association of 5 or more persons has previously filed a 
     petition for revocation under clause (i), 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 5 or more persons that submits a petition for 
     revocation under this subparagraph of its designation as a 
     criminal gang shall provide evidence in that petition that it 
     is not described in section 101(a)(53).
       ``(iv) Determination.--

       ``(I) In general.--Not later than 180 days after receiving 
     a petition for revocation under clause (i), the Secretary 
     shall make a determination regarding the revocation sought by 
     such petition.
       ``(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 takes place under 
     subparagraph (B) during any 5-year period, the Secretary 
     shall review the designation of the criminal gang to 
     determine whether such designation should be revoked pursuant 
     to paragraph (6).
       ``(ii) Procedures.--If a review does not take place under 
     subparagraph (B) in response to a petition for revocation 
     under that subparagraph, a review shall be conducted pursuant 
     to procedures established by the Secretary. The results of 
     such review and the applicable procedures shall not be 
     reviewable in 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.--Congress may block or 
     revoke a designation made under paragraph (1) by an Act of 
     Congress.
       ``(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 pursuant to 
     subparagraphs (B) and (C) of paragraph (4) if the Secretary 
     determines that--
       ``(i) the group, club, organization, or association of 5 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 becomes effective under 
     paragraph (2), an alien in a removal proceeding may not raise 
     any question concerning the validity of such designation as a 
     defense or an objection.
       ``(b) Amendments to a Designation.--
       ``(1) In general.--The Secretary may amend a designation 
     under subsection (a) if the Secretary determines that the 
     group, club, organization, or association of 5 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 5 or more persons.
       ``(2) Procedure.--Amendments made to a designation under 
     paragraph (1) shall be effective upon the publication of such 
     amendments in the Federal Register. Paragraphs (2), (4), (5), 
     (6), (7), and (8) of subsection (a) shall apply to an amended 
     designation.
       ``(3) Administrative record.--The administrative record 
     shall be corrected to include the amendments made under 
     paragraph (1)

[[Page S1056]]

     and any additional relevant information that supports such 
     amendments.
       ``(4) Classified information.--The Secretary may consider 
     classified information in amending 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).
       ``(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 5 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 that 
     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.--In this section:
       ``(1) Classified information.--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.).
       ``(2) National security.--The term `national security' 
     means the national defense, foreign relations, or economic 
     interests of the United States.
       ``(3) Relevant committees.--The term `relevant committees' 
     means the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security, in consultation with the Attorney 
     General.''.
       (2) 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 219 
     the following:

``Sec. 220. Designation of criminal gang.''.
       (e) 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)), as amended by section 
     2204, is further amended by inserting after subparagraph (F) 
     the following:
       ``(G) 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 
     fiscal 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 during the reporting period as a result of 
     the amendment made by paragraph (1).
       (f) Asylum Claims Based on Gang Affiliation.--
       (1) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
     amended--
       (A) in clause (v), by striking ``or'' at the end;
       (B) by redesignating clause (vi) as clause (vii); and
       (C) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     237(a)(2)(G)(i); or''.
       (2) Inapplicability of restriction on removal to certain 
     countries.--Section 241(b)(3)(B) of such 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''.
       (g) Temporary Protected Status.--Section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (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 at the end 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);
       (B) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (3), (4), and (5), respectively; and
       (C) in paragraph (3), as redesignated, 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.''.
       (h) 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;''.

       (i) Parole.--An alien described in section 212(a)(2)(N) of 
     the Immigration and Nationality Act, as added by subsection 
     (b), shall not be eligible for parole under section 
     212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)) 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.
       (j) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 2304. INADMISSIBILITY AND DEPORTABILITY OF DRUNK 
                   DRIVERS.

       (a) In General.--Section 101(a)(43) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)), is amended--
       (1) in subparagraph (T), by striking ``and'';
       (2) in subparagraph (U), by striking the period at the end 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (U) the following:
       ``(V)(i) a single conviction for driving while intoxicated 
     (including a conviction for driving while under the influence 
     of or impairment by alcohol or drugs), when such impaired 
     driving was a cause of the serious bodily injury or death of 
     another person; or
       ``(ii) a second or subsequent conviction for driving while 
     intoxicated (including a conviction for driving under the 
     influence of or impaired by alcohol or drugs).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply to convictions entered on or after such date.

     SEC. 2305. DEFINITION OF AGGRAVATED FELONY.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), 
     as amended by section 2304, is further amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law, 
     the term `aggravated felony' applies to an offense described 
     in this paragraph, whether in violation of Federal or State 
     law, or in violation of the law of a foreign country for 
     which the term of imprisonment was completed within the 
     previous 15 years, even if the length of the term of 
     imprisonment for the offense is based on recidivist or other 
     enhancements and regardless of whether the conviction was 
     entered before, on, or after September 30, 1996, and means--
     '';
       (2) by amending subparagraph (A) to read as follows:
       ``(A) an offense relating to murder, manslaughter, 
     homicide, rape (whether the victim was conscious or 
     unconscious), statutory rape, or any offense of a sexual 
     nature involving a victim under 18 years of age;'';
       (3) in subparagraph (B)--
       (A) by inserting ``an offense relating to'' before 
     ``illicit trafficking''; and
       (B) by inserting ``, and any offense under State law 
     relating to a controlled substance (as so classified under 
     State law) that is classified as a felony in that State, 
     regardless of whether the substance is classified as a 
     controlled substance under section 102 of the Controlled 
     Substances Act (8 U.S.C. 802)'' before the semicolon at the 
     end;
       (4) in subparagraph (C), by inserting ``an offense relating 
     to'' before ``illicit trafficking in firearms'';
       (5) in subparagraph (I), by striking ``or 2252'' and 
     inserting ``2252, or 2252A'';
       (6) in subparagraph (F), by striking ``for which the term 
     of imprisonment at least one year;'' and inserting ``, 
     including offenses of assault and battery under Federal or 
     state law, for which the term of imprisonment is at least 1 
     year, except that if the conviction records do not 
     conclusively establish whether a crime constitutes a crime of 
     violence, the Attorney General or the Secretary of Homeland 
     Security, as appropriate, may consider other evidence related 
     to the conviction that establishes that the conduct for which 
     the alien was engaged constitutes a crime of violence;'';
       (7) by amending subparagraph (G) to read as follows:

[[Page S1057]]

       ``(G) an offense relating to a theft under State or Federal 
     law (including theft by deceit, theft by fraud, and receipt 
     of stolen property) regardless of whether any taking was 
     temporary or permanent, or burglary offense under State or 
     Federal law for which the term of imprisonment is at least 1 
     year, except that if the conviction records do not 
     conclusively establish whether a crime constitutes a theft or 
     burglary offense, the Attorney General or Secretary of 
     Homeland Security, as appropriate, may consider other 
     evidence related to the conviction that establishes that the 
     conduct for which the alien was engaged constitutes a theft 
     or burglary offense;'';
       (8) in subparagraph (N)--
       (A) by striking ``paragraph (1)(A) or (2) of''; and
       (B) by inserting a semicolon at the end;
       (9) by amending subparagraph (O) to read as follows:
       ``(O) an offense described in section 275 or 276 for which 
     the term of imprisonment is at least 1 year;'';
       (10) by amending subparagraph (P) to read as follows:
       ``(P) an offense which is described in chapter 75 of title 
     18, United States Code, and for which the term of 
     imprisonment is at least 12 months;'';
       (11) by amending subparagraph (U) to read as follows:
       ``(U) attempting or conspiring to commit an offense 
     described in this paragraph, or aiding, abetting, counseling, 
     procuring, commanding, inducing, or soliciting the commission 
     of such an offense.''; and
       (12) by striking the undesignated matter following 
     subparagraph (U).
       (b) Effective Date; Application of Amendments.--
       (1) In general.--The amendments made by subsection (a)--
       (A) shall take effect on the date of the enactment of this 
     Act; and
       (B) shall apply to any act or conviction that occurred 
     before, on, or after such date.
       (2) Application of iirira amendments.--The amendments to 
     section 101(a)(43) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
     continue to apply, whether the conviction was entered before, 
     on, or after September 30, 1996.

     SEC. 2306. PRECLUDING WITHHOLDING OF REMOVAL FOR AGGRAVATED 
                   FELONS.

       (a) In General.--Section 241(b)(3)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended--
       (1) in clause (iii), by striking ``or'' at the end;
       (2) in clause (iv), by striking the period at the end and 
     inserting ``; or''; and
       (3) by inserting after clause (iv) the following:
       ``(v) the alien is convicted of an aggravated felony.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act; and
       (2) all aliens who are required to establish admissibility 
     on or after such date, and in all removal, deportation, or 
     exclusion proceedings that are filed, pending, or reopened on 
     or after such date of enactment.

     SEC. 2307. PROTECTING IMMIGRANTS FROM CONVICTED SEX 
                   OFFENDERS.

       (a) Immigrants.--Section 204(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
       (1) in subparagraph (A), by amending clause (viii) to read 
     as follows:
       ``(viii) Clause (i) shall not apply to a citizen of the 
     United States who has been convicted of an offense described 
     in subparagraph (A), (I), or (K) of section 101(a)(43), 
     unless the Secretary of Homeland Security, in the Secretary's 
     sole and unreviewable discretion, determines that the citizen 
     poses no risk to the alien with respect to whom a petition 
     described in clause (i) is filed.''; and
       (2) in subparagraph (B)(i), by striking the second 
     subclause (I) and inserting the following:
       ``(II) Subclause (I) shall not apply in the case of an 
     alien admitted for permanent residence who has been convicted 
     of an offense described in subparagraph (A), (I), or (K) of 
     section 101(a)(43), unless the Secretary of Homeland 
     Security, in the Secretary's sole and unreviewable 
     discretion, determines that the alien lawfully admitted for 
     permanent residence poses no risk to the alien with respect 
     to whom a petition described in subclause (I) is filed.''.
       (b) Nonimmigrants.--Section 101(a)(15)(K) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is 
     amended by striking ``204(a)(1)(A)(viii)(I))'' each place 
     such term appears and inserting ``204(a)(1)(A)(viii))''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to petitions filed on or after such date.

     SEC. 2308. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES 
                   INVOLVING MORAL TURPITUDE.

       (a) Inadmissible Aliens.--Section 212(a)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is 
     amended by adding at the end the following:
       ``(iii) Clarification.--For purposes of clause (i)(I), if 
     the conviction records do not conclusively establish whether 
     a crime constitutes a crime involving moral turpitude, the 
     Attorney General or the Secretary of Homeland Security, as 
     appropriate, may consider other evidence related to the 
     conviction that establishes that the conduct for which the 
     alien was engaged constitutes a crime involving moral 
     turpitude.''.
       (b) Deportable Aliens.--
       (1) General crimes.--Section 237(a)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)), as 
     amended by section 2302(b), is further amended by inserting 
     after clause (v), as redesignated, the following:
       ``(vi) Crimes involving moral turpitude.--If the conviction 
     records do not conclusively establish whether a crime 
     constitutes a crime involving moral turpitude, the Attorney 
     General or the Secretary of Homeland Security, as 
     appropriate, may consider other evidence related to the 
     conviction that establishes that the conduct for which the 
     alien was engaged constitutes a crime involving moral 
     turpitude.''.
       (2) Domestic violence.--Section 237(a)(2)(E) of such Act (8 
     U.S.C. 1227(a)(2)(E)) is amended by adding at the end the 
     following:
       ``(iii) Crimes of violence.--For purposes of clause (i), if 
     the conviction records do not conclusively establish whether 
     a crime of domestic violence constitutes a crime of violence 
     (as defined in section 16 of title 18, United States Code), 
     the Attorney General or the Secretary of Homeland Security, 
     as appropriate, may consider other evidence related to the 
     conviction that establishes that the conduct for which the 
     alien was engaged constitutes a crime of violence.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to acts that occur before, on, or after the 
     date of the enactment of this Act.

     SEC. 2309. DETENTION OF DANGEROUS ALIENS.

       Section 241(a) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears (except for the first reference in paragraph 
     (4)(B)(i)) and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by amending subparagraph (B) to read as follows:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of the following:
       ``(i) The date the order of removal becomes 
     administratively final.
       ``(ii) If the alien is not in the custody of the Secretary 
     on the date the order of removal becomes administratively 
     final, the date the alien is taken into such custody.
       ``(iii) If the alien is detained or confined (except under 
     an immigration process) on the date the order of removal 
     becomes administratively final, the date the alien is taken 
     into the custody of the Secretary, after the alien is 
     released from such detention or confinement.''; and
       (B) by amending subparagraph (C) to read as follows:
       ``(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).

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

       ``(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.--In the 
     case of an alien described in subparagraphs (A) through (D) 
     of section 236(c)(1), the Secretary shall keep that alien in 
     detention during the extended period described in clause (i).
       ``(iv) Sole form of relief.--An alien may seek relief from 
     detention under this subparagraph only 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)--

[[Page S1058]]

       (A) in the matter preceding subparagraph (A), by inserting 
     ``or is not detained pursuant to paragraph (6)'' after 
     ``within 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, in order to prevent the alien from absconding, for the 
     protection of the community, or for other purposes related to 
     the enforcement of the immigration laws.'';
       (4) 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.--For 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, the Secretary shall 
     establish an administrative review process to determine 
     whether the alien should be detained or released on 
     conditions. The Secretary shall make a determination whether 
     to release an alien after the removal period in accordance 
     with subparagraph (B). The determination shall include 
     consideration of any evidence submitted by the alien, and may 
     include consideration of any other evidence, including any 
     information or assistance provided by the Secretary of State 
     or other Federal official and 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, in 
     the exercise of the Secretary's sole discretion, may continue 
     to detain an alien for 90 days beyond the removal period 
     (including any extension of the removal period as provided in 
     paragraph (1)(C)). An alien whose detention is extended under 
     this subparagraph shall have no right to seek release on 
     bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security, in the exercise of the Secretary's sole discretion, 
     may continue to detain an alien beyond the 90 days authorized 
     in clause (i)--

       ``(I) until the alien is removed, if the Secretary, in the 
     Secretary's sole discretion, determines that there is a 
     significant likelihood that the alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future; or
       ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspires or acts 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 any person, and either (AA) the alien has been 
     convicted of one or more aggravated felonies (as defined in 
     section 101(a)(43)(A)) or of one or more crimes identified by 
     the Secretary of Homeland Security by regulation, or of one 
     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 one 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), so 
     long as 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, as provided in paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph shall have no 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 Director of 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 item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(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, 
     in the exercise of the Secretary's discretion, may impose 
     conditions on release as provided in paragraph (3).
       ``(E) Redetention.--The Secretary of Homeland Security, in 
     the exercise of the Secretary's discretion, without any 
     limitations other than those specified in this section, may 
     again detain any alien subject to a final removal order who 
     is released from custody, if removal becomes likely in the 
     reasonably foreseeable future, the alien fails to comply with 
     the conditions of release, or to continue to satisfy the 
     conditions described in subparagraph (A), or if, upon 
     reconsideration, the Secretary, in the Secretary's sole 
     discretion, determines that the alien can be detained under 
     subparagraph (B). 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. 2310. TIMELY REPATRIATION.

       (a) Listing of Countries.--Not later than 6 months after 
     the date of the enactment of this Act, and every 6 months 
     thereafter, the Secretary of Homeland Security shall publish 
     a report that includes--
       (1) a list of countries that have refused or unreasonably 
     delayed repatriation of an alien who is a national of that 
     country since the date of the enactment of this Act, 
     including the total number of such aliens, disaggregated by 
     nationality;
       (2) a list of countries that have an excessive repatriation 
     failure rate; and
       (3) a list of each country included in a list described in 
     paragraph (1) or (2) in the report preceding the current 
     report and in the current report.
       (b) Sanctions.--
       (1) In general.--Beginning on the date on which a country 
     is included in the list described in subsection (a)(3) and 
     ending on the date on which that country is no longer 
     included in such list, the Secretary of State may not issue 
     visas under section 101(a)(15)(A)(iii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, 
     servants, personal employees, and members of the immediate 
     families of officials or employees of that country who 
     receive nonimmigrant status under clause (i) or (ii) of 
     section 101(a)(15)(A) of such Act.
       (2) Visa reduction.--Every 6 months that a country is 
     included in the list described in subsection (a)(3), the 
     Secretary of State shall reduce the number of visas available 
     under clause (i) or (ii) of section 101(a)(15)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) in 
     a fiscal year to nationals of that country by an amount equal 
     to 10 percent of the baseline visa number for that country. 
     Except as provided under section 243(d) of such Act (8 U.S.C. 
     1253), the Secretary may not reduce the number of such visas 
     to a level below 20 percent of the baseline visa number.
       (c) Waivers.--
       (1) National security waiver.--If the Secretary of State 
     submits to Congress a written determination that significant 
     national security interests of the United States require a 
     waiver of the sanctions under subsection (b), the Secretary 
     may waive any reduction below 80 percent of the baseline visa 
     number. The Secretary of State may not delegate the authority 
     under this subsection.
       (2) Temporary exigent circumstances.--If the Secretary of 
     State submits to Congress a written determination that 
     temporary exigent circumstances require a waiver of the 
     sanctions under subsection (b), the Secretary may waive any 
     reduction below 80 percent of the baseline visa number during 
     6-month renewable periods. The Secretary of State may not 
     delegate the authority under this subsection.
       (d) Exemption.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, may exempt a 
     country from inclusion in a list under subsection (a)(2) if 
     the total number of nonrepatriations outstanding is less than 
     10 for the preceding 3-year period.

[[Page S1059]]

       (e) Unauthorized Visa Issuance.--Any visa issued in 
     violation of this section shall be void.
       (f) Notice.--If an alien who has been convicted of a 
     criminal offense before a Federal or State court whose 
     repatriation was refused or unreasonably delayed is to be 
     released from detention by the Secretary of Homeland 
     Security, the Secretary shall provide notice to the State and 
     local law enforcement agency for the jurisdictions in which 
     the alien is required to report or is to be released. When 
     possible, and particularly in the case of violent crime, the 
     Secretary shall make a reasonable effort to provide notice of 
     such release to any crime victims and their immediate family 
     members.
       (g) Definitions.--For purposes of this section:
       (1) Baseline visa number.--The term ``baseline visa 
     number'' means, with respect to a country, the average number 
     of visas issued each fiscal year to nationals of that country 
     under clauses (i) and (ii) of section 101(a)(15)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for 
     the 3 full fiscal years immediately preceding the first 
     report under subsection (a) in which that country is included 
     in the list under subsection (a)(3).
       (2) Excessive repatriation failure rate.--The term 
     ``excessive repatriation failure rate'' means, with respect 
     to a report under subsection (a), a failure rate greater than 
     10 percent during--
       (A) the period of the 3 full fiscal years preceding the 
     date of publication of the report; or
       (B) the period of 1 year preceding the date of publication 
     of the report.
       (3) Failure rate.--The term ``failure rate'' for a period 
     means the percentage determined by dividing the total number 
     of repatriation requests for aliens who are citizens, 
     subjects, nationals, or residents of a country that refused 
     or unreasonably delayed during that period by the total 
     number of such requests during that period.
       (4) Number of nonrepatriations outstanding.--The term 
     ``number of nonrepatriations outstanding'' means, for a 
     period, the number of unique aliens whose repatriation a 
     country has refused or unreasonably delayed and whose 
     repatriation has not occurred during that period.
       (5) Refused or unreasonably delayed.--A country is deemed 
     to have ``refused or unreasonably delayed'' the acceptance of 
     an alien who is a citizen, subject, national, or resident of 
     that country if, not later than 90 days after receiving a 
     request to repatriate such alien from an official of the 
     United States who is authorized to make such a request, the 
     country does not accept the alien or issue valid travel 
     documents.
       (h) GAO Report.--Not later than 1 day after the date on 
     which the President submits a budget under section 1105(a) of 
     title 31, United States Code, for fiscal year 2019, the 
     Comptroller General of the United States shall submit a 
     report to Congress regarding the progress of the Secretary of 
     Homeland Security and the Secretary of State in 
     implementation of this section and in making requests to 
     repatriate aliens as appropriate.

     SEC. 2311. ILLEGAL REENTRY.

       Section 276 of the Immigration and Nationality Act (8 
     U.S.C. 1326) is amended to read as follows:

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) Reentry After Removal.--
       ``(1) In general.--Any alien who has been denied admission, 
     excluded, deported, or removed, or who has departed the 
     United States while an order of exclusion, deportation, or 
     removal is outstanding, and subsequently enters, attempts to 
     enter, crosses the border to, attempts to cross the border 
     to, or is at any time found in the United States, shall be 
     fined under title 18, United States Code, imprisoned not more 
     than 2 years, or both.
       ``(2) Exception.--If an alien sought and received the 
     express consent of the Secretary to reapply for admission 
     into the United States, or, with respect to an alien 
     previously denied admission and removed, the alien was not 
     required to obtain such advance consent under the Immigration 
     and Nationality Act or any prior Act, the alien shall not be 
     subject to the fine and imprisonment provided for in 
     paragraph (1).
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection was convicted before such removal or 
     departure--
       ``(1) for 3 or more misdemeanors or for a felony, the alien 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 10 years, or both;
       ``(2) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 30 months, the alien 
     shall be fined under such title, imprisoned not more than 15 
     years, or both;
       ``(3) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 60 months, the alien 
     shall be fined under such title, imprisoned not more than 20 
     years, or both; or
       ``(4) for murder, rape, kidnapping, or a felony offense 
     described in chapter 77 (relating to peonage and slavery) or 
     113B (relating to terrorism) of such title, or for 3 or more 
     felonies of any kind, the alien shall be fined under such 
     title, imprisoned not more than 25 years, or both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described, and the penalties in that subsection shall apply 
     only in cases in which the conviction or convictions that 
     form the basis for the additional penalty are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(f) Definitions.--In this section and section 275:
       ``(1) Crosses the border to the united states.--The term 
     `crosses the border' refers to the physical act of crossing 
     the border free from official restraint.
       ``(2) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Official restraint.--The term `official restraint' 
     means any restraint known to the alien that serves to deprive 
     the alien of liberty and prevents the alien from going at 
     large into the United States. Surveillance unbeknownst to the 
     alien shall not constitute official restraint.
       ``(5) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.
       ``(6) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.

                       Subtitle D--Asylum Reform

     SEC. 2401. CLARIFICATION OF INTENT REGARDING TAXPAYER-
                   PROVIDED COUNSEL.

       Section 292 of the Immigration and Nationality Act (8 
     U.S.C. 1362) is amended--
       (1) by striking ``In any removal proceedings before an 
     immigration judge and in any appeal proceedings before the 
     Attorney General from any such removal proceedings'' and 
     inserting ``In any removal proceedings before an immigration 
     judge, or any other immigration proceedings before the 
     Attorney General, the Secretary of Homeland Security, or any 
     appeal of such a proceeding''.
       (2) by striking ``(at no expense to the Government)''; and
       (3) by adding at the end the following ``Notwithstanding 
     any other provision of law, the Government may not bear any 
     expense for counsel for any person in proceedings described 
     in this section.''.

     SEC. 2402. CREDIBLE FEAR INTERVIEWS.

       Section 235(b)(1)(B)(v) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking 
     ``claim'' and all that follows and inserting the following: 
     ``claim, as determined pursuant to section 208(b)(1)(B)(iii), 
     and such other facts as are known to the officer, that the 
     alien could establish eligibility for asylum under section 
     1158 of this title, and it is more probable than not that the 
     statements made by, and on behalf of, the alien in support of 
     the alien's claim are true.''.

     SEC. 2403. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR 
                   INTERVIEWS.

       (a) In General.--The Secretary of Homeland Security shall 
     establish quality assurance procedures and take steps to 
     effectively ensure that questions by employees of the 
     Department of Homeland Security exercising expedited removal 
     authority under section 235(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform 
     manner, to the extent possible, and that both these questions 
     and the answers provided in response to them are recorded in 
     a uniform fashion.
       (b) Factors Relating to Sworn Statements.--Whenever 
     practicable, any sworn or signed written statement taken of 
     an alien as part of the record of a proceeding under section 
     235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1225(b)(1)(A)) shall be accompanied by a recording of the 
     interview which served as the basis for that sworn statement.
       (c) Interpreters.--The Secretary shall ensure that a 
     competent interpreter, not affiliated with the government of 
     the country from which the alien may claim asylum, is used 
     when the interviewing officer does not speak a language 
     understood by the alien.
       (d) Recordings in Immigration Proceedings.--There shall be 
     an audio or audio

[[Page S1060]]

     visual recording of interviews of aliens subject to expedited 
     removal. The recording shall be included in the record of 
     proceeding and shall be considered as evidence in any further 
     proceedings involving the alien.
       (e) No Private Right of Action.--Nothing in this section 
     may be construed to create any right, benefit, trust, or 
     responsibility, whether substantive or procedural, 
     enforceable in law or equity by a party against the United 
     States, its departments, agencies, instrumentalities, 
     entities, officers, employees, or agents, or any person, nor 
     does this section create any right of review in any 
     administrative, judicial, or other proceeding.

     SEC. 2404. SAFE THIRD COUNTRY.

       Section 208(a)(2)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1158(a)(2)(A)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) by striking ``removed, pursuant to a bilateral or 
     multilateral agreement, to'' and inserting ``removed to''.

     SEC. 2405. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN 
                   TO HOME COUNTRY.

       (a) In General.--Section 208(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(c)) is amended by adding at 
     the end the following:
       ``(4) Renunciation of status pursuant to return to home 
     country.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), any alien who is granted asylum status under this 
     section, who, absent changed country conditions, subsequently 
     returns to the country of such alien's nationality or, in the 
     case of an alien having no nationality, returns to any 
     country in which such alien last habitually resided, and who 
     applied for such status because of persecution or a well-
     founded fear of persecution in that country on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion, shall have his or her 
     status terminated.
       ``(B) Waiver.--The Secretary of Homeland Security may waive 
     subparagraph (A) if the Secretary determines that the alien 
     had a compelling reason for the return. The waiver may be 
     sought before the alien's departure from the United States or 
     upon the alien's return to the United States.
       ``(C) Exception for certain aliens from cuba.--Subparagraph 
     (A) shall not apply to an alien who is eligible for 
     adjustment to that of an alien lawfully admitted for 
     permanent residence pursuant to the Cuban Adjustment Act of 
     1966 (Public Law 89-732).''.
       (b) Conforming Amendment.--Section 208(c)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is 
     amended by inserting ``or (4)'' after ``paragraph (2)''.

     SEC. 2406. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

       (a) In General.--Section 208(d)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General'';
       (2) in subparagraph (A), by striking ``and of the 
     consequences, under paragraph (6), of knowingly filing a 
     frivolous application for asylum; and'' and inserting a 
     semicolon;
       (3) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(C) ensure that a written warning appears on the asylum 
     application advising the alien of the consequences of filing 
     a frivolous application and serving as notice to the alien of 
     the consequence of filing a frivolous application.''.
       (b) Conforming Amendment.--Section 208(d)(6) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is 
     amended to read as follows:
       ``(6) Frivolous applications.--
       ``(A) In general.--If the Secretary of Homeland Security or 
     the Attorney General determines that an alien has knowingly 
     made a frivolous application for asylum and the alien has 
     received notice under paragraph (4)(C), the alien shall be 
     permanently ineligible for any benefits under this chapter, 
     effective as the date of the final determination of such an 
     application.
       ``(B) Defined term.--An application is `frivolous' if the 
     Secretary of Homeland Security or the Attorney General 
     determines, in accordance with subparagraph (C), that--
       ``(i) it is so insufficient in substance that it is clear 
     that the applicant knowingly filed the application solely or 
     in part--

       ``(I) to delay removal from the United States;
       ``(II) to seek employment authorization as an applicant for 
     asylum pursuant to regulations issued pursuant to paragraph 
     (2); or
       ``(III) to seek issuance of a Notice to Appeal in order to 
     pursue Cancellation of Removal under section 240A(b); or

       ``(ii) any of its material elements are deliberately 
     fabricated.
       ``(C) Clarification.--The Secretary or the Attorney General 
     may not determine that an application is frivolous unless the 
     applicant, during the course of the proceedings, has had 
     sufficient opportunity to clarify any discrepancies or 
     implausible aspects of the claim.
       ``(D) Withholding of removal.--A finding under this 
     paragraph that an alien filed a frivolous asylum application 
     shall not preclude the alien from seeking withholding of 
     removal under section 241(b)(3).) or protection pursuant to 
     the Convention Against Torture.''.

     SEC. 2407. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

       (a) Asylum Credibility Determinations.--Section 
     208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after 
     ``all relevant factors'' the following: ``, including 
     statements made to, and investigative reports prepared by, 
     immigration authorities and other government officials''.
       (b) Relief for Removal Credibility Determinations.--Section 
     240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1229a(c)(4)(C)) is amended by inserting after ``all relevant 
     factors'' the following: ``, including statements made to, 
     and investigative reports prepared by, immigration 
     authorities and other government officials''.

     SEC. 2408. PENALTIES FOR ASYLUM FRAUD.

       Section 1001 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Whoever, in any matter before the Secretary of 
     Homeland Security or the Attorney General pertaining to 
     asylum under section 208 of the Immigration and Nationality 
     Act (8 U.S.C. 1158) or withholding of removal under section 
     241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), knowingly and 
     willfully--
       ``(1) makes any materially false, fictitious, or fraudulent 
     statement or representation; or
       ``(2) makes or uses any false writings or document knowing 
     the same to contain any materially false, fictitious, or 
     fraudulent statement or entry;
     shall be fined under this title or imprisoned not more than 
     10 years, or both.''.

     SEC. 2409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

       Section 3291 of title 18, United States Code, is amended--
       (1) by striking ``1544,'' and inserting ``1544 and 1546,'';
       (2) by striking ``offense.'' and inserting ``offense or not 
     later than 10 years after the fraud is discovered.''.

     SEC. 2410. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act, as 
     amended by this subtitle, is further amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''; and
       (B) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'';
       (2) in subsection (b)(2), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General'' each 
     place such term appears;
       (3) in subsection (c)--
       (A) in paragraph (1), by striking ``Attorney General'' each 
     place such term appears and inserting ``Secretary of Homeland 
     Security''; and
       (B) in paragraph (3), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General''; and
       (4) in subsection (d)--
       (A) in paragraph (1), by inserting ``Secretary of Homeland 
     Security or the'' before ``Attorney General'' each place such 
     term appears;
       (B) in paragraph (2), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''; and
       (C) in paragraph (5)--
       (i) in subparagraph (A), by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (ii) in subparagraph (B), by inserting ``Secretary of 
     Homeland Security or the'' before ``Attorney General''.

  Subtitle E--Unaccompanied and Accompanied Alien Minors Apprehended 
                            Along the Border

     SEC. 2501. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

       (a) In General.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by amending the heading to read as follows: ``Rules for 
     unaccompanied alien children.--'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``who 
     is a national or habitual resident of a country that is 
     contiguous with the United States'';
       (II) in clause (i), by inserting ``and'' at the end;
       (III) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (IV) by striking clause (iii);

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``(8 
     U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101 
     et seq.)--'';
       (II) in clause (i), by inserting before ``permit such child 
     to withdraw'' the following: ``may''; and
       (III) in clause (ii), by inserting before ``return such 
     child'' the following: ``shall''; and

       (iv) in subparagraph (C)--

       (I) by amending the heading to read as follows: 
     ``Agreements with foreign countries.--''; and
       (II) in the matter preceding clause (i), by striking ``The 
     Secretary of State shall negotiate agreements between the 
     United States and countries contiguous to the United States'' 
     and inserting ``The Secretary of State may negotiate 
     agreements between the United States and any foreign country 
     that the Secretary determines appropriate'';

[[Page S1061]]

       (B) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively, and inserting after 
     paragraph (2) the following:
       ``(3) Special rules for interviewing unaccompanied alien 
     children.--An unaccompanied alien child shall be interviewed 
     by a dedicated U.S. Citizenship and Immigration Services 
     immigration officer with specialized training in interviewing 
     child trafficking victims. Such officer shall be in plain 
     clothes and shall not carry a weapon. The interview shall 
     occur in a private room.''; and
       (C) in paragraph (6)(D) (as so redesignated)--
       (i) in the matter preceding clause (i), by striking ``, 
     except for an unaccompanied alien child from a contiguous 
     country subject to exceptions under subsection (a)(2),'' and 
     inserting ``who does not meet the criteria listed in 
     paragraph (2)(A)''; and
       (ii) in clause (i), by inserting before the semicolon at 
     the end the following: ``, which shall include a hearing 
     before an immigration judge not later than 14 days after 
     being screened under paragraph (4)'';
       (2) in subsection (b)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting before the semicolon 
     the following: ``believed not to meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (ii) in subparagraph (B), by inserting before the period 
     the following: ``and does not meet the criteria listed in 
     subsection (a)(2)(A)''; and
       (B) in paragraph (3), by striking ``an unaccompanied alien 
     child in custody shall'' and all that follows, and inserting 
     the following: ``an unaccompanied alien child in custody--
       ``(A) in the case of a child who does not meet the criteria 
     listed in subsection (a)(2)(A), shall transfer the custody of 
     such child to the Secretary of Health and Human Services not 
     later than 30 days after determining that such child is an 
     unaccompanied alien child who does not meet such criteria; or
       ``(B) in the case of child who meets the criteria listed in 
     subsection (a)(2)(A), may transfer the custody of such child 
     to the Secretary of Health and Human Services after 
     determining that such child is an unaccompanied alien child 
     who meets such criteria.''; and
       (3) in subsection (c)--
       (A) in paragraph (3), by inserting at the end the 
     following:
       ``(D) Information about individuals with whom children are 
     placed.--
       ``(i) Information to be provided to homeland security.--
     Before placing a child with an individual, the Secretary of 
     Health and Human Services shall provide to the Secretary of 
     Homeland Security--

       ``(I) the name of the individual with whom the child will 
     be place;
       ``(II) the social security number of such individual;
       ``(III) the date of birth of such individual;
       ``(IV) the location of the individual's residence at which 
     the child will be placed;
       ``(V) the immigration status of such individual, if known; 
     and
       ``(VI) contact information for such individual.

       ``(ii) Special rule.--If a child who was apprehended on or 
     after June 15, 2012, and before the date of the enactment of 
     this subparagraph was placed by the Secretary of Health and 
     Human Services placed with an individual, the Secretary shall 
     provide the information listed in clause (i) to the Secretary 
     of Homeland Security not later than 90 days after such date 
     of enactment.
       ``(iii) Activities of the secretary of homeland security.--
     Not later than 30 days after receiving the information listed 
     in clause (i), the Secretary of Homeland Security--

       ``(I) shall investigate the immigration status of the 
     individual with whom the child is placed if the immigration 
     status of such individual is unknown; and
       ``(II) upon determining that an individual with whom a 
     child is placed is unlawfully present in the United States, 
     shall initiate removal proceedings pursuant to chapter 4 of 
     title II of the Immigration and Nationality Act (8 U.S.C. 
     1221 et seq.).''; and

       (B) in paragraph (5)--
       (i) by inserting after ``to the greatest extent 
     practicable'' the following: ``(at no expense to the 
     Government)''; and
       (ii) by striking ``have counsel to represent them'' and 
     inserting ``have access to counsel to represent them''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to any unauthorized alien child apprehended on or 
     after June 15, 2012.

     SEC. 2502. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS 
                   UNABLE TO REUNITE WITH EITHER PARENT.

       Section 101(a)(27)(J)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 
     or both of the immigrant's parents'' and inserting ``either 
     of the immigrant's parents''.

     SEC. 2503. JURISDICTION OF ASYLUM APPLICATIONS.

       Section 208(b)(3) of the Immigration and Nationality Act (8 
     U.S.C. 1158) is amended by striking subparagraph (C).

     SEC. 2504. QUARTERLY REPORT TO CONGRESS.

       Not later than January 5, 2019, and every 3 months 
     thereafter--
       (1) the Attorney General shall submit a report that 
     identifies--
       (A) the total number of asylum cases filed by unaccompanied 
     alien children and completed by an immigration judge during 
     the 3-month period preceding the date of the report, and the 
     percentage of those cases in which asylum was granted; and
       (B) the number of unaccompanied alien children who failed 
     to appear for any proceeding before an immigration judge 
     during the 3-month period preceding the date of the report; 
     and
       (2) the Secretary of Homeland Security shall submit a 
     report that identifies--
       (A) the total number of applications for asylum, filed by 
     unaccompanied alien children, which were adjudicated during 
     the 3-month period preceding the date of the report; and
       (B) the percentage of such applications that were granted.

     SEC. 2505. BIANNUAL REPORT TO CONGRESS.

       Not later than January 5, 2019, and every 6 months 
     thereafter, the Attorney General shall submit a report to 
     Congress on each crime for which an unaccompanied alien child 
     is charged or convicted during the previous 6-month period 
     following their release from the custody of the Secretary of 
     Homeland Security pursuant to section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (8 U.S.C. 1232).

     SEC. 2506. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

       (a) In General.--Section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) is amended by adding at the end the following:
       ``(j) Rule of Construction.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, judicial determination, consent decree, or settlement 
     agreement, the detention of any alien child who is not an 
     unaccompanied alien child shall be governed by sections 217, 
     235, 236, and 241 of the Immigration and Nationality Act (8 
     U.S.C. 1187, 1225, 1226, and 1231). There exists no 
     presumption that an alien child who is not an unaccompanied 
     alien child should not be detained, and all such 
     determinations shall be in the discretion of the Secretary of 
     Homeland Security.
       ``(2) Release of minors other than unaccompanied aliens.--
     In no circumstances shall an alien minor who is not an 
     unaccompanied alien child be released by the Secretary of 
     Homeland Security other than to a parent or legal 
     guardian.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all actions that occur before, on, or 
     after the date of the enactment of this Act.

                     TITLE III--BORDER ENFORCEMENT

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Border Security for 
     America Act of 2018''.

                      Subtitle A--Border Security

     SEC. 3101. DEFINITIONS.

       In this subtitle:
       (1) Advanced unattended surveillance sensors.--The term 
     ``advanced unattended surveillance sensors'' means sensors 
     that utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives prior to transmission.
       (2) Appropriate congressional committee.--The term 
     ``appropriate congressional committee'' has the meaning given 
     the term in section 2(2) of the Homeland Security Act of 2002 
     (6 U.S.C. 101(2)).
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (4) High traffic areas.--The term ``high traffic areas'' 
     has the meaning given such term in section 102(e)(1) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996, as amended by section 3111 of this division.
       (5) 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).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (7) Situational awareness.--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; 6 U.S.C. 223(a)(7)).
       (8) Small unmanned aerial vehicle.--The term ``small 
     unmanned aerial vehicle'' has the meaning given the term 
     ``small unmanned aircraft'' in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).
       (9) Transit zone.--The term ``transit zone'' has the 
     meaning given such term in section 1092(a)(8) of the National 
     Defense Authorization Act for Fiscal Year 2017 (Public Law 
     114-328; 6 U.S.C. 223(a)(7)).
       (10) Unmanned aerial system.--The term ``unmanned aerial 
     system'' has the meaning given the term ``unmanned aircraft 
     system'' in section 331 of the FAA Modernization and Reform 
     Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
       (11) Unmanned aerial vehicle.--The term ``unmanned aerial 
     vehicle'' has the meaning given the term ``unmanned 
     aircraft'' in section 331 of the FAA Modernization and Reform 
     Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).

[[Page S1062]]

  


                CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT

     SEC. 3111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG 
                   THE SOUTHERN BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Division C of Public Law 104-208; 
     8 U.S.C. 1103 note) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Homeland Security shall 
     take such actions as may be necessary (including the removal 
     of obstacles to detection of illegal entrants) to design, 
     test, construct, install, deploy, and operate physical 
     barriers, tactical infrastructure, and technology in the 
     vicinity of the United States border to achieve situational 
     awareness and operational control of the border and deter, 
     impede, and detect illegal activity in high traffic areas.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``subsection (a)'' and inserting ``this 
     section'';
       (II) by striking ``roads, lighting, cameras, and sensors'' 
     and inserting ``tactical infrastructure, and technology''; 
     and
       (III) by striking ``gain'' inserting ``achieve situational 
     awareness and''; and

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--
       ``(i) In general.--Not later than September 30, 2022, the 
     Secretary of Homeland Security, in carrying out this section, 
     shall deploy along the United States border the most 
     practical and effective physical barriers and tactical 
     infrastructure available for achieving situational awareness 
     and operational control of the border.
       ``(ii) Consideration for certain physical barriers and 
     tactical infrastructure.--The deployment of physical barriers 
     and tactical infrastructure under this subparagraph shall not 
     apply in any area or region along the border where natural 
     terrain features, natural barriers, or the remoteness of such 
     area or region would make any such deployment ineffective, as 
     determined by the Secretary, for the purposes of achieving 
     situational awareness or operational control of such area or 
     region.'';
       (iii) in subparagraph (C)--

       (I) by amending clause (i) to read as follows:

       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall, before constructing 
     physical barriers in a specific area or region, consult with 
     the Secretary of the Interior, the Secretary of Agriculture, 
     appropriate representatives of Federal, State, local, and 
     tribal governments, and appropriate private property owners 
     in the United States to minimize the impact on the 
     environment, culture, commerce, and quality of life for the 
     communities and residents located near the sites at which 
     such physical barriers are to be constructed.'';

       (II) by redesignating clause (ii) as clause (iii); and
       (III) by inserting after clause (i), as amended, the 
     following new clause:

       ``(ii) Notification.--Not later than 60 days after the 
     consultation required under clause (i), the Secretary of 
     Homeland Security shall notify the Committee on Homeland 
     Security of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate of 
     the type of physical barriers, tactical infrastructure, or 
     technology the Secretary has determined is most practical and 
     effective to achieve situational awareness and operational 
     control in a specific area or region and the other 
     alternatives the Secretary considered before making such a 
     determination.''; and
       (iv) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers''; and
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, constructing, 
     and deploying physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, construction, or deployment of such physical 
     barriers, tactical infrastructure, or technology, as the case 
     may be, that the Secretary determines, in the Secretary's 
     sole discretion, are necessary to maximize the safety and 
     effectiveness of officers or agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.'';
       (3) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall have the 
     authority to waive all legal requirements the Secretary, in 
     the Secretary's sole discretion, determines necessary to 
     ensure the expeditious design, testing, construction, 
     installation, deployment, operation, and maintenance of the 
     physical barriers, tactical infrastructure, and technology 
     under this section. Any such decision by the Secretary shall 
     be effective upon publication in the Federal Register.''; and
       (4) by adding after subsection (d) the following new 
     subsections:
       ``(e) Technology.--Not later than September 30, 2022, the 
     Secretary of Homeland Security, in carrying out this section, 
     shall deploy along the United States border the most 
     practical and effective technology available for achieving 
     situational awareness and operational control of the border.
       ``(f) Limitation on Requirements.--Nothing in this section 
     may be construed as requiring the Secretary of Homeland 
     Security to install tactical infrastructure, technology, and 
     physical barriers in a particular location along an 
     international border of the United States, if the Secretary 
     determines that the use or placement of such resources is not 
     the most appropriate means to achieve and maintain 
     situational awareness and operational control over the 
     international border at such location.
       ``(g) Definitions.--In this section:
       ``(1) High traffic areas.--The term `high traffic areas' 
     means areas in the vicinity of the United States border 
     that--
       ``(A) are within the responsibility of U.S. Customs and 
     Border Protection; and
       ``(B) have significant unlawful cross-border activity, as 
     determined by the Secretary of Homeland Security.
       ``(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) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, border wall system, and levee 
     walls.
       ``(4) Situational awareness.--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).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' includes border 
     surveillance and detection technology, including the 
     following:
       ``(A) Tower-based surveillance technology.
       ``(B) Deployable, lighter-than-air ground surveillance 
     equipment.
       ``(C) Vehicle and Dismount Exploitation Radars (VADER).
       ``(D) 3-dimensional, seismic acoustic detection and ranging 
     border tunneling detection technology.
       ``(E) Advanced unattended surveillance sensors.
       ``(F) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       ``(G) Unmanned aerial vehicles.
       ``(H) Other border detection, communication, and 
     surveillance technology.
       ``(7) Unmanned aerial vehicles.--The term `unmanned aerial 
     vehicle' has the meaning given the term `unmanned aircraft' 
     in section 331 of the FAA Modernization and Reform Act of 
     2012 (Public Law 112-95; 49 U.S.C. 40101 note).''.

     SEC. 3112. AIR AND MARINE OPERATIONS FLIGHT HOURS.

       (a) Increased Flight Hours.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that not fewer than 95,000 
     annual flight hours are carried out by Air and Marine 
     Operations of U.S. Customs and Border Protection.
       (b) Unmanned Aerial System.--The Secretary shall ensure 
     that Air and Marine Operations operate unmanned aerial 
     systems on the southern border of the United States for not 
     less than 24 hours per day for five days per week.
       (c) Contract Air Support Authorization.--The Commissioner 
     shall contract for the unfulfilled identified air support 
     mission critical hours, as identified by the Chief of the 
     U.S. Border Patrol.
       (d) Primary Mission.--The Commissioner shall ensure that--
       (1) the primary missions for Air and Marine Operations are 
     to directly support U.S. Border Patrol activities along the 
     southern border of the United States and Joint Interagency 
     Task Force South operations in the transit zone; and
       (2) the Executive Assistant Commissioner of Air and Marine 
     Operations assigns the greatest priority to support missions 
     established by the Commissioner to carry out the requirements 
     under this Act.
       (e) High-Demand Flight Hour Requirements.--In accordance 
     with subsection (d), the Commissioner shall ensure that U.S. 
     Border Patrol Sector Chiefs--
       (1) identify critical flight hour requirements; and
       (2) direct Air and Marine Operations to support requests 
     from Sector Chiefs as their primary mission.
       (f) Small Unmanned Aerial Vehicles.--
       (1) In general.--The Chief of the U.S. Border Patrol shall 
     be the executive agent for U.S. Customs and Border 
     Protection's use of small unmanned aerial vehicles for the 
     purpose of meeting the U.S. Border Patrol's unmet flight hour 
     operational requirements and to achieve situational awareness 
     and operational control.
       (2) Coordination.--In carrying out paragraph (1), the Chief 
     of the U.S. Border Patrol shall--
       (A) coordinate flight operations with the Administrator of 
     the Federal Aviation Administration to ensure the safe and 
     efficient

[[Page S1063]]

     operation of the National Airspace System; and
       (B) coordinate with the Executive Assistant Commissioner 
     for Air and Marine Operations of U.S. Customs and Border 
     Protection to ensure the safety of other U.S. Customs and 
     Border Protection aircraft flying in the vicinity of small 
     unmanned aerial vehicles operated by the U.S. Border Patrol.
       (3) Conforming amendment.--Paragraph (3) of section 411(e) 
     of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
     amended--
       (A) in subparagraph (B), by striking ``and'' after the 
     semicolon at the end;
       (B) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) carry out the small unmanned aerial vehicle 
     requirements pursuant to subsection (f) of section 1112 of 
     the Border Security for America Act of 2018; and''.
       (g) Saving Clause.--Nothing in this section shall confer, 
     transfer, or delegate to the Secretary, the Commissioner, the 
     Executive Assistant Commissioner for Air and Marine 
     Operations of U.S. Customs and Border Protection, or the 
     Chief of the U.S. Border Patrol any authority of the 
     Secretary of Transportation or the Administrator of the 
     Federal Aviation Administration relating to the use of 
     airspace or aviation safety.

     SEC. 3113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND 
                   TRANSIT ZONE.

       (a) In General.--Not later than September 30, 2022, the 
     Secretary, in implementing section 102 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (as amended by section 3111 of this division), and acting 
     through the appropriate component of the Department of 
     Homeland Security, shall deploy to each sector or region of 
     the southern border and the northern border, in a prioritized 
     manner to achieve situational awareness and operational 
     control of such borders, the following additional 
     capabilities:
       (1) San diego sector.--For the San Diego sector, the 
     following:
       (A) Tower-based surveillance technology.
       (B) Subterranean surveillance and detection technologies.
       (C) To increase coastal maritime domain awareness, the 
     following:
       (i) Deployable, lighter-than-air surface surveillance 
     equipment.
       (ii) Unmanned aerial vehicles with maritime surveillance 
     capability.
       (iii) U.S. Customs and Border Protection maritime patrol 
     aircraft.
       (iv) Coastal radar surveillance systems.
       (v) Maritime signals intelligence capabilities.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (2) El centro sector.--For the El Centro sector, the 
     following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Man-portable unmanned aerial vehicles.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (3) Yuma sector.--For the Yuma sector, the following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Ultralight aircraft detection capabilities.
       (D) Advanced unattended surveillance sensors.
       (E) A rapid reaction capability supported by aviation 
     assets.
       (F) Mobile vehicle-mounted and man-portable surveillance 
     systems.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (4) Tucson sector.--For the Tucson sector, the following:
       (A) Tower-based surveillance technology.
       (B) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (C) Deployable, lighter-than-air ground surveillance 
     equipment.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (5) El paso sector.--For the El Paso sector, the following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Ultralight aircraft detection capabilities.
       (D) Advanced unattended surveillance sensors.
       (E) Mobile vehicle-mounted and man-portable surveillance 
     systems.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (6) Big bend sector.--For the Big Bend sector, the 
     following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Improved agent communications capabilities.
       (D) Ultralight aircraft detection capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (7) Del rio sector.--For the Del Rio sector, the following:
       (A) Tower-based surveillance technology.
       (B) Increased monitoring for cross-river dams, culverts, 
     and footpaths.
       (C) Improved agent communications capabilities.
       (D) Improved maritime capabilities in the Amistad National 
     Recreation Area.
       (E) Advanced unattended surveillance sensors.
       (F) A rapid reaction capability supported by aviation 
     assets.
       (G) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (8) Laredo sector.--For the Laredo sector, the following:
       (A) Tower-based surveillance technology.
       (B) Maritime detection resources for the Falcon Lake 
     region.
       (C) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (D) Increased monitoring for cross-river dams, culverts, 
     and footpaths.
       (E) Ultralight aircraft detection capability.
       (F) Advanced unattended surveillance sensors.
       (G) A rapid reaction capability supported by aviation 
     assets.
       (H) Man-portable unmanned aerial vehicles.
       (I) Improved agent communications capabilities.
       (9) Rio grande valley sector.--For the Rio Grande Valley 
     sector, the following:
       (A) Tower-based surveillance technology.
       (B) Deployable, lighter-than-air ground surveillance 
     equipment.
       (C) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (D) Ultralight aircraft detection capability.
       (E) Advanced unattended surveillance sensors.
       (F) Increased monitoring for cross-river dams, culverts, 
     footpaths.
       (G) A rapid reaction capability supported by aviation 
     assets.
       (H) Increased maritime interdiction capabilities.
       (I) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (J) Man-portable unmanned aerial vehicles.
       (K) Improved agent communications capabilities.
       (10) Blaine sector.--For the Blaine sector, the following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications capabilities.
       (11) Spokane sector.--For the Spokane sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Increased maritime interdiction capabilities.
       (C) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (D) Advanced unattended surveillance sensors.
       (E) Ultralight aircraft detection capabilities.
       (F) Completion of six miles of the Bog Creek road.
       (G) Man-portable unmanned aerial vehicles.

[[Page S1064]]

       (H) Improved agent communications systems.
       (12) Havre sector.--For the Havre sector, the following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (13) Grand forks sector.--For the Grand Forks sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (14) Detroit sector.--For the Detroit sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (15) Buffalo sector.--For the Buffalo sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (16) Swanton sector.--For the Swanton sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (17) Houlton sector.--For the Houlton sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (18) Transit zone.--For the transit zone, the following:
       (A) Not later than two years after the date of the 
     enactment of this Act, an increase in the number of overall 
     cutter, boat, and aircraft hours spent conducting 
     interdiction operations over the average number of such hours 
     during the preceding three fiscal years.
       (B) Increased maritime signals intelligence capabilities.
       (C) To increase maritime domain awareness, the following:
       (i) Unmanned aerial vehicles with maritime surveillance 
     capability.
       (ii) Increased maritime aviation patrol hours.
       (D) Increased operational hours for maritime security 
     components dedicated to joint counter-smuggling and 
     interdiction efforts with other Federal agencies, including 
     the Deployable Specialized Forces of the Coast Guard.
       (E) Coastal radar surveillance systems with long range day 
     and night cameras capable of providing full maritime domain 
     awareness of the United States territorial waters surrounding 
     Puerto Rico, Mona Island, Desecheo Island, Vieques Island, 
     Culebra Island, Saint Thomas, Saint John, and Saint Croix.
       (b) Tactical Flexibility.--
       (1) Southern and northern land borders.--
       (A) In general.--Beginning on September 30, 2021, or after 
     the Secretary has deployed at least 25 percent of the 
     capabilities required in each sector specified in subsection 
     (a), whichever comes later, the Secretary may deviate from 
     such capability deployments if the Secretary determines that 
     such deviation is required to achieve situational awareness 
     or operational control.
       (B) Notification.--If the Secretary exercises the authority 
     described in subparagraph (A), the Secretary shall, not later 
     than 90 days after such exercise, notify the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives regarding the deviation under such 
     subparagraph that is the subject of such exercise. If the 
     Secretary makes any changes to such deviation, the Secretary 
     shall, not later than 90 days after any such change, notify 
     such committees regarding such change.
       (2) Transit zone.--
       (A) Notification.--The Secretary shall notify the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Homeland Security of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives regarding the 
     capability deployments for the transit zone specified in 
     paragraph (18) of subsection (a), including information 
     relating to--
       (i) the number and types of assets and personnel deployed; 
     and
       (ii) the impact such deployments have on the capability of 
     the Coast Guard to conduct its mission in the transit zone 
     referred to in paragraph (18) of subsection (a).
       (B) Alteration.--The Secretary may alter the capability 
     deployments referred to in this section if the Secretary--
       (i) determines, after consultation with the committees 
     referred to in subparagraph (A), that such alteration is 
     necessary; and
       (ii) not later than 30 days after making a determination 
     under clause (i), notifies the committees referred to in such 
     subparagraph regarding such alteration, including information 
     relating to--

       (I) the number and types of assets and personnel deployed 
     pursuant to such alteration; and
       (II) the impact such alteration has on the capability of 
     the Coast Guard to conduct its mission in the transit zone 
     referred to in paragraph (18) of subsection (a).

       (c) Exigent Circumstances.--
       (1) In general.--Notwithstanding subsection (b), the 
     Secretary may deploy the capabilities referred to in 
     subsection (a) in a manner that is inconsistent with the 
     requirements specified in such subsection if, after the 
     Secretary has deployed at least 25 percent of such 
     capabilities, the Secretary determines that exigent 
     circumstances demand such an inconsistent deployment or that 
     such an inconsistent deployment is vital to the national 
     security interests of the United States.
       (2) Notification.--The Secretary shall notify the Committee 
     on Homeland Security of the House of Representative and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate not later than 30 days after making a 
     determination under paragraph (1). Such notification shall 
     include a detailed justification regarding such 
     determination.

     SEC. 3114. U.S. BORDER PATROL ACTIVITIES.

       The Chief of the U.S. Border Patrol shall prioritize the 
     deployment of U.S. Border Patrol agents to as close to the 
     physical land border as possible, consistent with border 
     security enforcement priorities and accessibility to such 
     areas.

     SEC. 3115. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

       ``(a) Major Acquisition Program Defined.--In this section, 
     the term `major acquisition program' means an acquisition 
     program of the Department that is estimated by the Secretary 
     to require an eventual total expenditure of at least 
     $300,000,000 (based on fiscal year 2017 constant dollars) 
     over its life cycle cost.
       ``(b) Planning Documentation.--For each border security 
     technology acquisition program of the Department that is 
     determined to be a major acquisition program, the Secretary 
     shall--
       ``(1) ensure that each such program has a written 
     acquisition program baseline approved by the relevant 
     acquisition decision authority;
       ``(2) document that each such program is meeting cost, 
     schedule, and performance thresholds as specified in such 
     baseline, in compliance with relevant departmental 
     acquisition policies and the Federal Acquisition Regulation; 
     and
       ``(3) have a plan for meeting program implementation 
     objectives by managing contractor performance.
       ``(c) Adherence to Standards.--The Secretary, acting 
     through the Under Secretary for Management and the 
     Commissioner of U.S. Customs and Border Protection, shall 
     ensure border security technology acquisition program 
     managers who are responsible

[[Page S1065]]

     for carrying out this section adhere to relevant internal 
     control standards identified by the Comptroller General of 
     the United States. The Commissioner shall provide 
     information, as needed, to assist the Under Secretary in 
     monitoring management of border security technology 
     acquisition programs under this section.
       ``(d) Plan.--The Secretary, acting through the Under 
     Secretary for Management, in coordination with the Under 
     Secretary for Science and Technology and the Commissioner of 
     U.S. Customs and Border Protection, shall submit to the 
     appropriate congressional committees a plan for testing, 
     evaluating, and using independent verification and validation 
     resources for border security technology. Under the plan, new 
     border security technologies shall be evaluated through a 
     series of assessments, processes, and audits to ensure--
       ``(1) compliance with relevant departmental acquisition 
     policies and the Federal Acquisition Regulation; and
       ``(2) the effective use of taxpayer dollars.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 433 the 
     following new item:

``Sec. 435. Border security technology program management.''.
       (c) Prohibition on Additional Authorization of 
     Appropriations.--No additional funds are authorized to be 
     appropriated to carry out section 435 of the Homeland 
     Security Act of 2002, as added by subsection (a). Such 
     section shall be carried out using amounts otherwise 
     authorized for such purposes.

     SEC. 3116. REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE 
                   NATIONAL GUARD AT THE SOUTHERN BORDER.

       (a) In General.--With the approval of the Secretary and the 
     Secretary of Defense, the Governor of a State may order any 
     units or personnel of the National Guard of such State to 
     perform operations and missions under section 502(f) of title 
     32, United States Code, along the southern border for the 
     purposes of assisting U.S. Customs and Border Protection to 
     achieve situational awareness and operational control of the 
     border.
       (b) Assignment of Operations and Missions.--
       (1) In general.--National Guard units and personnel 
     deployed under subsection (a) may be assigned such operations 
     and missions specified in subsection (c) as may be necessary 
     to secure the southern border.
       (2) Nature of duty.--The duty of National Guard personnel 
     performing operations and missions described in paragraph (1) 
     shall be full-time duty under title 32, United States Code.
       (c) Range of Operations and Missions.--The operations and 
     missions assigned under subsection (b) shall include the 
     temporary authority to--
       (1) construct reinforced fencing or other physical 
     barriers;
       (2) operate ground-based surveillance systems;
       (3) operate unmanned and manned aircraft;
       (4) provide radio communications interoperability between 
     U.S. Customs and Border Protection and State, local, and 
     tribal law enforcement agencies;
       (5) construct checkpoints along the Southern border to 
     bridge the gap to long-term permanent checkpoints; and
       (6) provide intelligence support.
       (d) Materiel and Logistical Support.--The Secretary of 
     Defense shall deploy such materiel, equipment, and logistical 
     support as may be necessary to ensure success of the 
     operations and missions conducted by the National Guard under 
     this section.
       (e) Reimbursement Required.--
       (1) In general.--The Secretary of Defense shall reimburse 
     States for the cost of the deployment of any units or 
     personnel of the National Guard to perform operations and 
     missions in full-time State Active Duty in support of a 
     southern border mission. The Secretary of Defense may not 
     seek reimbursement from the Secretary for any reimbursements 
     paid to States for the costs of such deployments.
       (2) Limitation.--The total amount of reimbursements under 
     this section may not exceed $35,000,000 for any fiscal year.

     SEC. 3117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN 
                   BORDER.

       (a) In General.--The Secretary of Defense, with the 
     concurrence of the Secretary, shall provide assistance to 
     U.S. Customs and Border Protection for purposes of increasing 
     ongoing efforts to secure the southern border.
       (b) Types of Assistance Authorized.--The assistance 
     provided under subsection (a) may include--
       (1) deployment of manned aircraft, unmanned aerial 
     surveillance systems, and ground-based surveillance systems 
     to support continuous surveillance of the southern border; 
     and
       (2) intelligence analysis support.
       (c) Materiel and Logistical Support.--The Secretary of 
     Defense may deploy such materiel, equipment, and logistics 
     support as may be necessary to ensure the effectiveness of 
     the assistance provided under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated for the Department of Defense $75,000,000 
     to provide assistance under this section. The Secretary of 
     Defense may not seek reimbursement from the Secretary for any 
     assistance provided under this section.
       (e) Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act and annually thereafter, the 
     Secretary of Defense shall submit a report to the appropriate 
     congressional defense committees (as defined in section 
     101(a)(16) of title 10, United States Code) regarding any 
     assistance provided under subsection (a) during the period 
     specified in paragraph (3).
       (2) Elements.--Each report under paragraph (1) shall 
     include, for the period specified in paragraph (3), a 
     description of--
       (A) the assistance provided;
       (B) the sources and amounts of funds used to provide such 
     assistance; and
       (C) the amounts obligated to provide such assistance.
       (3) Period specified.--The period specified in this 
     paragraph is--
       (A) in the case of the first report required under 
     paragraph (1), the 90-day period beginning on the date of the 
     enactment of this Act; and
       (B) in the case of any subsequent report submitted under 
     paragraph (1), the calendar year for which the report is 
     submitted.

     SEC. 3118. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER 
                   SECURITY ON CERTAIN FEDERAL LAND.

       (a) Prohibition on Interference With U.S. Customs and 
     Border Protection.--
       (1) In general.--The Secretary concerned may not impede, 
     prohibit, or restrict activities of U.S. Customs and Border 
     Protection on covered Federal land to carry out the 
     activities described in subsection (b).
       (2) Applicability.--The authority of U.S. Customs and 
     Border Protection to conduct activities described in 
     subsection (b) on covered Federal land applies without regard 
     to whether a state of emergency exists.
       (b) Authorized Activities of U.S. Customs and Border 
     Protection.--
       (1) In general.--U.S. Customs and Border Protection shall 
     have immediate access to covered Federal land to conduct the 
     activities described in paragraph (2) on such land to prevent 
     all unlawful entries into the United States, including 
     entries by terrorists, unlawful aliens, instruments of 
     terrorism, narcotics, and other contraband through the 
     southern border or the northern border.
       (2) Activities described.--The activities described in this 
     paragraph are--
       (A) the execution of search and rescue operations;
       (B) the use of motorized vehicles, foot patrols, and 
     horseback to patrol the border area, apprehend illegal 
     entrants, and rescue individuals; and
       (C) the design, testing, construction, installation, 
     deployment, and operation of physical barriers, tactical 
     infrastructure, and technology pursuant to section 102 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (as amended by section 3111 of this division).
       (c) Clarification Relating to Waiver Authority.--
       (1) In general.--The activities of U.S. Customs and Border 
     Protection described in subsection (b)(2) may be carried out 
     without regard to the provisions of law specified in 
     paragraph (2).
       (2) Provisions of law specified.--The provisions of law 
     specified in this section are all Federal, State, or other 
     laws, regulations, and legal requirements of, deriving from, 
     or related to the subject of, the following laws:
       (A) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (B) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (C) The Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.) (commonly referred to as the ``Clean Water Act'').
       (D) Division A of subtitle III of title 54, United States 
     Code (54 U.S.C. 300301 et seq.) (formerly known as the 
     ``National Historic Preservation Act'').
       (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
       (F) The Clean Air Act (42 U.S.C. 7401 et seq.).
       (G) The Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.).
       (H) The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
       (I) The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
       (J) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (K) The Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       (L) Chapter 3125 of title 54, United States Code (formerly 
     known as the ``Archaeological and Historic Preservation 
     Act'').
       (M) The Antiquities Act (16 U.S.C. 431 et seq.).
       (N) Chapter 3203 of title 54, United States Code (formerly 
     known as the ``Historic Sites, Buildings, and Antiquities 
     Act'').
       (O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
     seq.).
       (P) The Farmland Protection Policy Act (7 U.S.C. 4201 et 
     seq.).
       (Q) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
     et seq.).
       (R) The Wilderness Act (16 U.S.C. 1131 et seq.).
       (S) The Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       (T) The National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.).
       (U) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
     seq.).
       (V) The Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.).
       (W) Subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly

[[Page S1066]]

     known as the ``Administrative Procedure Act'').
       (X) The Otay Mountain Wilderness Act of 1999 (Public Law 
     106-145).
       (Y) Sections 102(29) and 103 of the California Desert 
     Protection Act of 1994 (Public Law 103-433).
       (Z) Division A of subtitle I of title 54, United States 
     Code (formerly known as the ``National Park Service Organic 
     Act''.
       (AA) The National Park Service General Authorities Act 
     (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
       (BB) Sections 401(7), 403, and 404 of the National Parks 
     and Recreation Act of 1978 (Public Law 95-625).
       (CC) Sections 301(a) through (f) of the Arizona Desert 
     Wilderness Act (Public Law 101-628).
       (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 403).
       (EE) The Eagle Protection Act (16 U.S.C. 668 et seq.).
       (FF) The Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.).
       (GG) The American Indian Religious Freedom Act (42 U.S.C. 
     1996).
       (HH) The Religious Freedom Restoration Act (42 U.S.C. 
     2000bb).
       (II) The National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.).
       (JJ) The Multiple Use and Sustained Yield Act of 1960 (16 
     U.S.C. 528 et seq.).
       (3) Applicability of waiver to successor laws.--If a 
     provision of law specified in paragraph (2) was repealed and 
     incorporated into title 54, United States Code, after April 
     1, 2008, and before the date of the enactment of this Act, 
     the waiver described in paragraph (1) shall apply to the 
     provision of such title that corresponds to the provision of 
     law specified in paragraph (2) to the same extent the waiver 
     applied to that provision of law.
       (4) Savings clause.--The waiver authority under this 
     subsection may not be construed as affecting, negating, or 
     diminishing in any manner the applicability of section 552 of 
     title 5, United States Code (commonly referred to as the 
     ``Freedom of Information Act''), in any relevant matter.
       (d) Protection of Legal Uses.--This section may not be 
     construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, mining, or recreation or the use of backcountry 
     airstrips, on land under the jurisdiction of the Secretary of 
     the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
       (e) Effect on State and Private Land.--This section shall--
       (1) have no force or effect on State lands or private 
     lands; and
       (2) not provide authority on or access to State lands or 
     private lands.
       (f) Tribal Sovereignty.--Nothing in this section may be 
     construed to supersede, replace, negate, or diminish treaties 
     or other agreements between the United States and Indian 
     tribes.
       (g) Memoranda of Understanding.--The requirements of this 
     section shall not apply to the extent that such requirements 
     are incompatible with any memorandum of understanding or 
     similar agreement entered into between the Commissioner and a 
     National Park Unit before the date of the enactment of this 
     Act.
       (h) Definitions.--In this section:
       (1) Covered federal land.--The term ``covered Federal 
     land'' includes all land under the control of the Secretary 
     concerned that is located within 100 miles of the southern 
     border or the northern border.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Department of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Department of the Interior, the Secretary of the Interior.

     SEC. 3119. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

       (a) Establishment of National Border Security Advisory 
     Committee.--The Secretary shall establish a National Border 
     Security Advisory Committee, which--
       (1) may advise, consult with, report to, and make 
     recommendations to the Secretary on matters relating to 
     border security matters, including--
       (A) verifying security claims and the border security 
     metrics established by the Department of Homeland Security 
     under section 1092 of the National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223); and
       (B) discussing ways to improve the security of high traffic 
     areas along the northern border and the southern border; and
       (2) may provide, through the Secretary, recommendations to 
     Congress.
       (b) Consideration of Views.--The Secretary shall consider 
     the information, advice, and recommendations of the National 
     Border Security Advisory Committee in formulating policy 
     regarding matters affecting border security.
       (c) Membership.--The National Border Security Advisory 
     Committee shall consist of at least one member from each 
     State who--
       (1) has at least five years practical experience in border 
     security operations; or
       (2) lives and works in the United States within 80 miles 
     from the southern border or the northern border.
       (d) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the National Border Security Advisory Committee.

     SEC. 3120. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

       (a) In General.--Not later than September 30, 2022, the 
     Secretary, after coordinating with the heads of the relevant 
     Federal, State, and local agencies, shall begin eradicating 
     the carrizo cane plant and any salt cedar along the Rio 
     Grande River that impedes border security operations.
       (b) Extent.--The waiver authority under subsection (c) of 
     section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended 
     by section 3111 of this division, shall extend to activities 
     carried out pursuant to this section.

     SEC. 3121. SOUTHERN BORDER THREAT ANALYSIS.

       (a) Threat Analysis.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a Southern border threat 
     analysis.
       (2) Contents.--The analysis submitted under paragraph (1) 
     shall include an assessment of--
       (A) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (i) to unlawfully enter the United States through the 
     Southern border; or
       (ii) to exploit security vulnerabilities along the Southern 
     border;
       (B) improvements needed at and between ports of entry along 
     the Southern border to prevent terrorists and instruments of 
     terror from entering the United States;
       (C) gaps in law, policy, and coordination between State, 
     local, or tribal law enforcement, international agreements, 
     or tribal agreements that hinder effective and efficient 
     border security, counterterrorism, and anti-human smuggling 
     and trafficking efforts;
       (D) the current percentage of situational awareness 
     achieved by the Department along the Southern border;
       (E) the current percentage of operational control achieved 
     by the Department on the Southern border; and
       (F) traveler crossing times and any potential security 
     vulnerability associated with prolonged wait times.
       (3) Analysis requirements.--In compiling the Southern 
     border threat analysis required under this subsection, the 
     Secretary shall consider and examine--
       (A) the technology needs and challenges, including such 
     needs and challenges identified as a result of previous 
     investments that have not fully realized the security and 
     operational benefits that were sought;
       (B) the personnel needs and challenges, including such 
     needs and challenges associated with recruitment and hiring;
       (C) the infrastructure needs and challenges;
       (D) the roles and authorities of State, local, and tribal 
     law enforcement in general border security activities;
       (E) the status of coordination among Federal, State, local, 
     tribal, and Mexican law enforcement entities relating to 
     border security;
       (F) the terrain, population density, and climate along the 
     Southern border; and
       (G) the international agreements between the United States 
     and Mexico related to border security.
       (4) Classified form.--To the extent possible, the Secretary 
     shall submit the Southern border threat analysis required 
     under this subsection in unclassified form, but may submit a 
     portion of the threat analysis in classified form if the 
     Secretary determines such action is appropriate.
       (b) U.S. Border Patrol Strategic Plan.--
       (1) In general.--Not later than 180 days after the 
     submission of the threat analysis required under subsection 
     (a) or June 30, 2018, and every five years thereafter, the 
     Secretary, acting through the Chief of the U.S. Border 
     Patrol, shall issue a Border Patrol Strategic Plan.
       (2) Contents.--The Border Patrol Strategic Plan required 
     under this subsection shall include a consideration of--
       (A) the Southern border threat analysis required under 
     subsection (a), with an emphasis on efforts to mitigate 
     threats identified in such threat analysis;
       (B) efforts to analyze and disseminate border security and 
     border threat information between border security components 
     of the Department and other appropriate Federal departments 
     and agencies with missions associated with the Southern 
     border;
       (C) efforts to increase situational awareness, including--
       (i) surveillance capabilities, including capabilities 
     developed or utilized by the Department of Defense, and any 
     appropriate technology determined to be excess by the 
     Department of Defense; and
       (ii) the use of manned aircraft and unmanned aerial 
     systems, including camera and sensor technology deployed on 
     such assets;
       (D) efforts to detect and prevent terrorists and 
     instruments of terrorism from entering the United States;
       (E) efforts to detect, interdict, and disrupt aliens and 
     illicit drugs at the earliest possible point;

[[Page S1067]]

       (F) efforts to focus intelligence collection to disrupt 
     transnational criminal organizations outside of the 
     international and maritime borders of the United States;
       (G) efforts to ensure that any new border security 
     technology can be operationally integrated with existing 
     technologies in use by the Department;
       (H) any technology required to maintain, support, and 
     enhance security and facilitate trade at ports of entry, 
     including nonintrusive detection equipment, radiation 
     detection equipment, biometric technology, surveillance 
     systems, and other sensors and technology that the Secretary 
     determines to be necessary;
       (I) operational coordination unity of effort initiatives of 
     the border security components of the Department, including 
     any relevant task forces of the Department;
       (J) lessons learned from Operation Jumpstart and Operation 
     Phalanx;
       (K) cooperative agreements and information sharing with 
     State, local, tribal, territorial, and other Federal law 
     enforcement agencies that have jurisdiction on the Northern 
     border or the Southern border;
       (L) border security information received from consultation 
     with State, local, tribal, territorial, and Federal law 
     enforcement agencies that have jurisdiction on the Northern 
     border or the Southern border, or in the maritime 
     environment, and from border community stakeholders 
     (including through public meetings with such stakeholders), 
     including representatives from border agricultural and 
     ranching organizations and representatives from business and 
     civic organizations along the Northern border or the Southern 
     border;
       (M) staffing requirements for all departmental border 
     security functions;
       (N) a prioritized list of departmental research and 
     development objectives to enhance the security of the 
     Southern border;
       (O) an assessment of training programs, including training 
     programs for--
       (i) identifying and detecting fraudulent documents;
       (ii) understanding the scope of enforcement authorities and 
     the use of force policies; and
       (iii) screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking; and
       (P) an assessment of how border security operations affect 
     border crossing times.

     SEC. 3122. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.

       (a) Duties.--Subsection (c) of section 411 of the Homeland 
     Security Act of 2002 (6 U.S.C. 211) is amended--
       (1) in paragraph (18), by striking ``and'' after the 
     semicolon at the end;
       (2) by redesignating paragraph (19) as paragraph (21); and
       (3) by inserting after paragraph (18) the following new 
     paragraphs:
       ``(19) administer the U.S. Customs and Border Protection 
     public private partnerships under subtitle G;
       ``(20) administer preclearance operations under the 
     Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et 
     seq.; enacted as subtitle B of title VIII of the Trade 
     Facilitation and Trade Enforcement Act of 2015; 19 U.S.C. 
     4301 et seq.); and''.
       (b) Office of Field Operations Staffing.--Subparagraph (A) 
     of section 411(g)(5) of the Homeland Security Act of 2002 (6 
     U.S.C. 211(g)(5)) is amended by inserting before the period 
     at the end the following: ``compared to the number indicated 
     by the current fiscal year work flow staffing model''.
       (c) Implementation Plan.--Subparagraph (B) of section 
     814(e)(1) of the Preclearance Authorization Act of 2015 (19 
     U.S.C. 4433(e)(1); enacted as subtitle B of title VIII of the 
     Trade Facilitation and Trade Enforcement Act of 2015; 19 
     U.S.C. 4301 et seq.) is amended to read as follows:
       ``(B) a port of entry vacancy rate which compares the 
     number of officers identified in subparagraph (A) with the 
     number of officers at the port at which such officer is 
     currently assigned.''.
       (d) Definition.--Subsection (r) of section 411 of the 
     Homeland Security Act of 2002 (6 U.S.C. 211) is amended--
       (1) by striking ``this section, the terms'' and inserting 
     the following: ``this section:
       ``(1) the terms'';
       (2) in paragraph (1), as added by subparagraph (A), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(2) the term `unmanned aerial systems' has the meaning 
     given the term `unmanned aircraft system' in section 331 of 
     the FAA Modernization and Reform Act of 2012 (Public Law 112-
     95; 49 U.S.C. 40101 note).''.

     SEC. 3123. AGENT AND OFFICER TECHNOLOGY USE.

       In carrying out section 102 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (as amended 
     by section 3111 of this division) and section 3113 of this 
     division, the Secretary shall, to the greatest extent 
     practicable, ensure that technology deployed to gain 
     situational awareness and operational control of the border 
     be provided to front-line officers and agents of the 
     Department of Homeland Security.

     SEC. 3124. INTEGRATED BORDER ENFORCEMENT TEAMS.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by 
     section 3115 of this division, is further amended by adding 
     at the end the following new section:

     ``SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS.

       ``(a) Establishment.--The Secretary shall establish within 
     the Department a program to be known as the Integrated Border 
     Enforcement Team program (referred to in this section as 
     `IBET').
       ``(b) Purpose.--The Secretary shall administer the IBET 
     program in a manner that results in a cooperative approach 
     between the United States and Canada to--
       ``(1) strengthen security between designated ports of 
     entry;
       ``(2) detect, prevent, investigate, and respond to 
     terrorism and violations of law related to border security;
       ``(3) facilitate collaboration among components and offices 
     within the Department and international partners;
       ``(4) execute coordinated activities in furtherance of 
     border security and homeland security; and
       ``(5) enhance information-sharing, including the 
     dissemination of homeland security information among such 
     components and offices.
       ``(c) Composition and Location of IBETs.--
       ``(1) Composition.--IBETs shall be led by the United States 
     Border Patrol and may be comprised of personnel from the 
     following:
       ``(A) Other subcomponents of U.S. Customs and Border 
     Protection.
       ``(B) U.S. Immigration and Customs Enforcement, led by 
     Homeland Security Investigations.
       ``(C) The Coast Guard, for the purpose of securing the 
     maritime borders of the United States.
       ``(D) Other Department personnel, as appropriate.
       ``(E) Other Federal departments and agencies, as 
     appropriate.
       ``(F) Appropriate State law enforcement agencies.
       ``(G) Foreign law enforcement partners.
       ``(H) Local law enforcement agencies from affected border 
     cities and communities.
       ``(I) Appropriate tribal law enforcement agencies.
       ``(2) Location.--The Secretary is authorized to establish 
     IBETs in regions in which such teams can contribute to IBET 
     missions, as appropriate. When establishing an IBET, the 
     Secretary shall consider the following:
       ``(A) Whether the region in which the IBET would be 
     established is significantly impacted by cross-border 
     threats.
       ``(B) The availability of Federal, State, local, tribal, 
     and foreign law enforcement resources to participate in an 
     IBET.
       ``(C) Whether, in accordance with paragraph (3), other 
     joint cross-border initiatives already take place within the 
     region in which the IBET would be established, including 
     other Department cross-border programs such as the Integrated 
     Cross-Border Maritime Law Enforcement Operation Program 
     established under section 711 of the Coast Guard and Maritime 
     Transportation Act of 2012 (46 U.S.C. 70101 note) or the 
     Border Enforcement Security Task Force established under 
     section 432.
       ``(3) Duplication of efforts.--In determining whether to 
     establish a new IBET or to expand an existing IBET in a given 
     region, the Secretary shall ensure that the IBET under 
     consideration does not duplicate the efforts of other 
     existing interagency task forces or centers within such 
     region, including the Integrated Cross-Border Maritime Law 
     Enforcement Operation Program established under section 711 
     of the Coast Guard and Maritime Transportation Act of 2012 
     (46 U.S.C. 70101 note) or the Border Enforcement Security 
     Task Force established under section 432.
       ``(d) Operation.--
       ``(1) In general.--After determining the regions in which 
     to establish IBETs, the Secretary may--
       ``(A) direct the assignment of Federal personnel to such 
     IBETs; and
       ``(B) take other actions to assist Federal, State, local, 
     and tribal entities to participate in such IBETs, including 
     providing financial assistance, as appropriate, for 
     operational, administrative, and technological costs 
     associated with such participation.
       ``(2) Limitation.--Coast Guard personnel assigned under 
     paragraph (1) may be assigned only for the purposes of 
     securing the maritime borders of the United States, in 
     accordance with subsection (c)(1)(C).
       ``(e) Coordination.--The Secretary shall coordinate the 
     IBET program with other similar border security and 
     antiterrorism programs within the Department in accordance 
     with the strategic objectives of the Cross-Border Law 
     Enforcement Advisory Committee.
       ``(f) Memoranda of Understanding.--The Secretary may enter 
     into memoranda of understanding with appropriate 
     representatives of the entities specified in subsection 
     (c)(1) necessary to carry out the IBET program.
       ``(g) Report.--Not later than 180 days after the date on 
     which an IBET is established and biannually thereafter for 
     the following six years, the Secretary shall submit to the 
     appropriate congressional committees, including the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and in the case of Coast Guard personnel used to 
     secure the maritime borders of the United States, 
     additionally to the Committee on Transportation and 
     Infrastructure of the House of Representatives, a report 
     that--
       ``(1) describes the effectiveness of IBETs in fulfilling 
     the purposes specified in subsection (b);

[[Page S1068]]

       ``(2) assess the impact of certain challenges on the 
     sustainment of cross-border IBET operations, including 
     challenges faced by international partners;
       ``(3) addresses ways to support joint training for IBET 
     stakeholder agencies and radio interoperability to allow for 
     secure cross-border radio communications; and
       ``(4) assesses how IBETs, Border Enforcement Security Task 
     Forces, and the Integrated Cross-Border Maritime Law 
     Enforcement Operation Program can better align operations, 
     including interdiction and investigation activities.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     adding after the item relating to section 435 the following 
     new item:

``Sec. 436. Integrated Border Enforcement Teams.''.

     SEC. 3125. TUNNEL TASK FORCES.

       The Secretary is authorized to establish Tunnel Task Forces 
     for the purposes of detecting and remediating tunnels that 
     breach the international border of the United States.

     SEC. 3126. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM 
                   IN SUPPORT OF BORDER SECURITY OPERATIONS.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection, in consultation with the Assistant 
     Secretary of Commerce for Communications and Information, 
     shall conduct a pilot program to test and evaluate the use of 
     electromagnetic spectrum by U.S. Customs and Border 
     Protection in support of border security operations through--
       (1) ongoing management and monitoring of spectrum to 
     identify threats such as unauthorized spectrum use, and the 
     jamming and hacking of United States communications assets, 
     by persons engaged in criminal enterprises;
       (2) automated spectrum management to enable greater 
     efficiency and speed for U.S. Customs and Border Protection 
     in addressing emerging challenges in overall spectrum use on 
     the United States border; and
       (3) coordinated use of spectrum resources to better 
     facilitate interoperability and interagency cooperation and 
     interdiction efforts at or near the United States border.
       (b) Report to Congress.--Not later than 180 days after the 
     conclusion of the pilot program conducted under subsection 
     (a), the Commissioner of U.S. Customs and Border Protection 
     shall submit to the Committee on Homeland Security and the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the findings and 
     data derived from such program.

     SEC. 3127. HOMELAND SECURITY FOREIGN ASSISTANCE.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by 
     sections 3115 and 3124 of this division, is further amended 
     by adding at the end the following new section:

     ``SEC. 437. SECURITY ASSISTANCE.

       ``(a) In General.--The Secretary, with the concurrence of 
     the Secretary of State, may provide to a foreign government, 
     financial assistance and, with or without reimbursement, 
     security assistance, including equipment, training, 
     maintenance, supplies, and sustainment support.
       ``(b) Determination.--The Secretary may only provide 
     financial assistance or security assistance pursuant to 
     subsection (a) if the Secretary determines that such 
     assistance would enhance the recipient government's capacity 
     to--
       ``(1) mitigate the risk or threat of transnational 
     organized crime and terrorism;
       ``(2) address irregular migration flows that may affect the 
     United States, including any detention or removal operations 
     of the recipient government; or
       ``(3) protect and expedite legitimate trade and travel.
       ``(c) Limitation on Transfer.--The Secretary may not--
       ``(1) transfer any equipment or supplies that are 
     designated as a munitions item or controlled on the United 
     States Munitions List, pursuant to section 38 of the Foreign 
     Military Sales Act (22 U.S.C. 2778); or
       ``(2) transfer any vessel or aircraft pursuant to this 
     section.
       ``(d) Related Training.--In conjunction with a transfer of 
     equipment pursuant to subsection (a), the Secretary may 
     provide such equipment-related training and assistance as the 
     Secretary determines necessary.
       ``(e) Maintenance of Transferred Equipment.--The Secretary 
     may provide for the maintenance of transferred equipment 
     through service contracts or other means, with or without 
     reimbursement, as the Secretary determines necessary.
       ``(f) Reimbursement of Expenses.--
       ``(1) In general.--The Secretary may collect payment from 
     the receiving entity for the provision of security assistance 
     under this section, including equipment, training, 
     maintenance, supplies, sustainment support, and related 
     shipping costs.
       ``(2) Transfer.--Notwithstanding any other provision of 
     law, to the extent the Secretary does not collect payment 
     pursuant to paragraph (1), any amounts appropriated or 
     otherwise made available to the Department of Homeland 
     Security may be transferred to the account that finances the 
     security assistance provided pursuant to subsection (a).
       ``(g) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any reimbursement collected pursuant to subsection (f) 
     shall--
       ``(1) be credited as offsetting collections to the account 
     that finances the security assistance under this section for 
     which such reimbursement is received; and
       ``(2) remain available until expended for the purpose of 
     carrying out this section.
       ``(h) Rule of Construction.--Nothing in this section may be 
     construed as affecting, augmenting, or diminishing the 
     authority of the Secretary of State.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 436 the 
     following new item:

``Sec. 437. Security assistance.''.

                          CHAPTER 2--PERSONNEL

     SEC. 3131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
                   AGENTS AND OFFICERS.

       (a) Border Patrol Agents.--Not later than September 30, 
     2022, the Commissioner shall hire, train, and assign 
     sufficient agents to maintain an active duty presence of not 
     fewer than 26,370 full-time equivalent agents.
       (b) CBP Officers.--In addition to positions authorized 
     before the date of the enactment of this Act and any existing 
     officer vacancies within U.S. Customs and Border Protection 
     as of such date, the Commissioner shall hire, train, and 
     assign to duty, not later than September 30, 2022--
       (1) sufficient U.S. Customs and Border Protection officers 
     to maintain an active duty presence of not fewer than 27,725 
     full-time equivalent officers; and
       (2) 350 full-time support staff distributed among all 
     United States ports of entry.
       (c) Air and Marine Operations.--Not later than September 
     30, 2022, the Commissioner shall hire, train, and assign 
     sufficient agents for Air and Marine Operations of U.S. 
     Customs and Border Protection to maintain not fewer than 
     1,675 full-time equivalent agents and not fewer than 264 
     Marine and Air Interdiction Agents for southern border air 
     and maritime operations.
       (d) U.S. Customs and Border Protection K-9 Units and 
     Handlers.--
       (1) K-9 units.--Not later than September 30, 2022, the 
     Commissioner shall deploy not fewer than 300 new K-9 units, 
     with supporting officers of U.S. Customs and Border 
     Protection and other required staff, at land ports of entry 
     and checkpoints, on the southern border and the northern 
     border.
       (2) Use of canines.--The Commissioner shall prioritize the 
     use of canines at the primary inspection lanes at land ports 
     of entry and checkpoints.
       (e) U.S. Customs and Border Protection Horseback Units.--
       (1) Increase.--Not later than September 30, 2022, the 
     Commissioner shall increase the number of horseback units, 
     with supporting officers of U.S. Customs and Border 
     Protection and other required staff, by not fewer than 100 
     officers and 50 horses for security patrol along the Southern 
     border.
       (2) Horseback unit support.--The Commissioner shall 
     construct new stables, maintain and improve existing stables, 
     and provide other resources needed to maintain the health and 
     well-being of the horses that serve in the horseback units of 
     U.S. Customs and Border Protection.
       (f) U.S. Customs and Border Protection Search Trauma and 
     Rescue Teams.--Not later than September 30, 2022, the 
     Commissioner shall increase by not fewer than 50 the number 
     of officers engaged in search and rescue activities along the 
     southern border.
       (g) U.S. Customs and Border Protection Tunnel Detection and 
     Technology Program.--Not later than September 30, 2022, the 
     Commissioner shall increase by not fewer than 50 the number 
     of officers assisting task forces and activities related to 
     deployment and operation of border tunnel detection 
     technology and apprehensions of individuals using such 
     tunnels for crossing into the United States, drug 
     trafficking, or human smuggling.
       (h) Agricultural Specialists.--Not later than September 30, 
     2022, the Secretary shall hire, train, and assign to duty, in 
     addition to the officers and agents authorized under 
     subsections (a) through (g), 631 U.S. Customs and Border 
     Protection agricultural specialists to ports of entry along 
     the southern border and the northern border.
       (i) Office of Professional Responsibility.--Not later than 
     September 30, 2022, the Commissioner shall hire, train, and 
     assign sufficient Office of Professional Responsibility 
     special agents to maintain an active duty presence of not 
     fewer than 550 full-time equivalent special agents.
       (j) U.S. Customs and Border Protection Office of 
     Intelligence.--Not later than September 30, 2022, the 
     Commissioner shall hire, train, and assign sufficient Office 
     of Intelligence personnel to maintain not fewer than 700 
     full-time equivalent employees.
       (k) GAO Report.--If the staffing levels required under this 
     section are not achieved by September 30, 2022, the 
     Comptroller General of the United States shall conduct a 
     review of the reasons why such levels were not achieved.

     SEC. 3132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION 
                   INCENTIVES.

       (a) In General.--Chapter 97 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 9702. U.S. Customs and Border Protection temporary 
       employment authorities

       ``(a) Definitions.--In this section--

[[Page S1069]]

       ``(1) the term `CBP employee' means an employee of U.S. 
     Customs and Border Protection described under any of 
     subsections (a) through (h) of section 1131 of the Border 
     Security for America Act of 2018;
       ``(2) the term `Commissioner' means the Commissioner of 
     U.S. Customs and Border Protection;
       ``(3) the term `Director' means the Director of the Office 
     of Personnel Management;
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security; and
       ``(5) the term `appropriate congressional committees' means 
     the Committee on Oversight and Government Reform, the 
     Committee on Homeland Security, and the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Finance of the Senate.
       ``(b) Direct Hire Authority; Recruitment and Relocation 
     Bonuses; Retention Bonuses.--
       ``(1) Statement of purpose and limitation.--The purpose of 
     this subsection is to allow U.S. Customs and Border 
     Protection to expeditiously meet the hiring goals and 
     staffing levels required by section 1131 of the Border 
     Security for America Act of 2018. The Secretary shall not use 
     this authority beyond meeting the requirements of such 
     section.
       ``(2) Direct hire authority.--The Secretary may appoint, 
     without regard to any provision of sections 3309 through 
     3319, candidates to positions in the competitive service as 
     CBP employees if the Secretary has given public notice for 
     the positions.
       ``(3) Recruitment and relocation bonuses.--The Secretary 
     may pay a recruitment or relocation bonus of up to 50 percent 
     of the annual rate of basic pay to an individual CBP employee 
     at the beginning of the service period multiplied by the 
     number of years (including a fractional part of a year) in 
     the required service period to an individual (other than an 
     individual described in subsection (a)(2) of section 5753) 
     if--
       ``(A) the Secretary determines that conditions consistent 
     with the conditions described in paragraphs (1) and (2) of 
     subsection (b) of such section 5753 are satisfied with 
     respect to the individual (without regard to the regulations 
     referenced in subsection (b)(2)(B(ii)(I) of such section or 
     to any other provision of that section); and
       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(4) Retention bonuses.--The Secretary may pay a retention 
     bonus of up to 50 percent of basic pay to an individual CBP 
     employee (other than an individual described in subsection 
     (a)(2) of section 5754) if--
       ``(A) the Secretary determines that--
       ``(i) a condition consistent with the condition described 
     in subsection (b)(1) of such section 5754 is satisfied with 
     respect to the CBP employee (without regard to any other 
     provision of that section);
       ``(ii) in the absence of a retention bonus, the CBP 
     employee would be likely to leave--

       ``(I) the Federal service; or
       ``(II) for a different position in the Federal service, 
     including a position in another agency or component of the 
     Department of Homeland Security; and

       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(5) Rules for bonuses.--
       ``(A) Maximum bonus.--A bonus paid to an employee under--
       ``(i) paragraph (3) may not exceed 100 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period; and
       ``(ii) paragraph (4) may not exceed 50 percent of the 
     annual rate of basic pay of the employee.
       ``(B) Relationship to basic pay.--A bonus paid to an 
     employee under paragraph (3) or (4) shall not be considered 
     part of the basic pay of the employee for any purpose, 
     including for retirement or in computing a lump-sum payment 
     to the covered employee for accumulated and accrued annual 
     leave under section 5551 or section 5552.
       ``(C) Period of service for recruitment, relocation, and 
     retention bonuses.--
       ``(i) A bonus paid to an employee under paragraph (4) may 
     not be based on any period of such service which is the basis 
     for a recruitment or relocation bonus under paragraph (3).
       ``(ii) A bonus paid to an employee under paragraph (3) or 
     (4) may not be based on any period of service which is the 
     basis for a recruitment or relocation bonus under section 
     5753 or a retention bonus under section 5754.
       ``(c) Special Rates of Pay.--In addition to the 
     circumstances described in subsection (b) of section 5305, 
     the Director may establish special rates of pay in accordance 
     with that section to assist the Secretary in meeting the 
     requirements of section 1131 of the Border Security for 
     America Act of 2018. The Director shall prioritize the 
     consideration of requests from the Secretary for such special 
     rates of pay and issue a decision as soon as practicable. The 
     Secretary shall provide such information to the Director as 
     the Director deems necessary to evaluate special rates of pay 
     under this subsection.
       ``(d) OPM Oversight.--
       ``(1) Not later than September 30 of each year, the 
     Secretary shall provide a report to the Director on U.S. 
     Customs and Border Protection's use of authorities provided 
     under subsections (b) and (c). In each report, the Secretary 
     shall provide such information as the Director determines is 
     appropriate to ensure appropriate use of authorities under 
     such subsections. Each report shall also include an 
     assessment of--
       ``(A) the impact of the use of authorities under 
     subsections (b) and (c) on implementation of section 1131 of 
     the Border Security for America Act of 2018;
       ``(B) solving hiring and retention challenges at the 
     agency, including at specific locations;
       ``(C) whether hiring and retention challenges still exist 
     at the agency or specific locations; and
       ``(D) whether the Secretary needs to continue to use 
     authorities provided under this section at the agency or at 
     specific locations.
       ``(2) Consideration.--In compiling a report under paragraph 
     (1), the Secretary shall consider--
       ``(A) whether any CBP employee accepted an employment 
     incentive under subsection (b) and (c) and then transferred 
     to a new location or left U.S. Customs and Border Protection; 
     and
       ``(B) the length of time that each employee identified 
     under subparagraph (A) stayed at the original location before 
     transferring to a new location or leaving U.S. Customs and 
     Border Protection.
       ``(3) Distribution.--In addition to the Director, the 
     Secretary shall submit each report required under this 
     subsection to the appropriate congressional committees.
       ``(e) OPM Action.--If the Director determines the Secretary 
     has inappropriately used authorities under subsection (b) or 
     a special rate of pay provided under subsection (c), the 
     Director shall notify the Secretary and the appropriate 
     congressional committees in writing. Upon receipt of the 
     notification, the Secretary may not make any new appointments 
     or issue any new bonuses under subsection (b), nor provide 
     CBP employees with further special rates of pay, until the 
     Director has provided the Secretary and the appropriate 
     congressional committees a written notice stating the 
     Director is satisfied safeguards are in place to prevent 
     further inappropriate use.
       ``(f) Improving CBP Hiring and Retention.--
       ``(1) Education of cbp hiring officials.--Not later than 
     180 days after the date of the enactment of this section, and 
     in conjunction with the Chief Human Capital Officer of the 
     Department of Homeland Security, the Secretary shall develop 
     and implement a strategy to improve the education regarding 
     hiring and human resources flexibilities (including hiring 
     and human resources flexibilities for locations in rural or 
     remote areas) for all employees, serving in agency 
     headquarters or field offices, who are involved in the 
     recruitment, hiring, assessment, or selection of candidates 
     for locations in a rural or remote area, as well as the 
     retention of current employees.
       ``(2) Elements.--Elements of the strategy under paragraph 
     (1) shall include the following:
       ``(A) Developing or updating training and educational 
     materials on hiring and human resources flexibilities for 
     employees who are involved in the recruitment, hiring, 
     assessment, or selection of candidates, as well as the 
     retention of current employees.
       ``(B) Regular training sessions for personnel who are 
     critical to filling open positions in rural or remote areas.
       ``(C) The development of pilot programs or other programs, 
     as appropriate, consistent with authorities provided to the 
     Secretary to address identified hiring challenges, including 
     in rural or remote areas.
       ``(D) Developing and enhancing strategic recruiting efforts 
     through the relationships with institutions of higher 
     education, as defined in section 102 of the Higher Education 
     Act of 1965 (20 U.S.C. 1002), veterans transition and 
     employment centers, and job placement program in regions that 
     could assist in filling positions in rural or remote areas.
       ``(E) Examination of existing agency programs on how to 
     most effectively aid spouses and families of individuals who 
     are candidates or new hires in a rural or remote area.

[[Page S1070]]

       ``(F) Feedback from individuals who are candidates or new 
     hires at locations in a rural or remote area, including 
     feedback on the quality of life in rural or remote areas for 
     new hires and their families.
       ``(G) Feedback from CBP employees, other than new hires, 
     who are stationed at locations in a rural or remote area, 
     including feedback on the quality of life in rural or remote 
     areas for those CBP employees and their families.
       ``(H) Evaluation of Department of Homeland Security 
     internship programs and the usefulness of those programs in 
     improving hiring by the Secretary in rural or remote areas.
       ``(3) Evaluation.--
       ``(A) In general.--Each year, the Secretary shall--
       ``(i) evaluate the extent to which the strategy developed 
     and implemented under paragraph (1) has improved the hiring 
     and retention ability of the Secretary; and
       ``(ii) make any appropriate updates to the strategy under 
     paragraph (1).
       ``(B) Information.--The evaluation conducted under 
     subparagraph (A) shall include--
       ``(i) any reduction in the time taken by the Secretary to 
     fill mission-critical positions, including in rural or remote 
     areas;
       ``(ii) a general assessment of the impact of the strategy 
     implemented under paragraph (1) on hiring challenges, 
     including in rural or remote areas; and
       ``(iii) other information the Secretary determines 
     relevant.
       ``(g) Inspector General Review.--Not later than two years 
     after the date of the enactment of this section, the 
     Inspector General of the Department of Homeland Security 
     shall review the use of hiring and pay flexibilities under 
     subsections (b) and (c) to determine whether the use of such 
     flexibilities is helping the Secretary meet hiring and 
     retention needs, including in rural and remote areas.
       ``(h) Report on Polygraph Requests.--The Secretary shall 
     report to the appropriate congressional committees on the 
     number of requests the Secretary receives from any other 
     Federal agency for the file of an applicant for a position in 
     U.S. Customs and Border Protection that includes the results 
     of a polygraph examination.
       ``(i) Exercise of Authority.--
       ``(1) Sole discretion.--The exercise of authority under 
     subsection (b) shall be subject to the sole and exclusive 
     discretion of the Secretary (or the Commissioner, as 
     applicable under paragraph (2) of this subsection), 
     notwithstanding chapter 71 and any collective bargaining 
     agreement.
       ``(2) Delegation.--The Secretary may delegate any authority 
     under this section to the Commissioner.
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed to exempt the Secretary or the Director from 
     applicability of the merit system principles under section 
     2301.
       ``(k) Sunset.--The authorities under subsections (b) and 
     (c) shall terminate on September 30, 2022. Any bonus to be 
     paid pursuant to subsection (b) that is approved before such 
     date may continue until such bonus has been paid, subject to 
     the conditions specified in this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 5, United States Code, is 
     amended by adding at the end the following:

``9702. U.S. Customs and Border Protection temporary employment 
              authorities.''.

     SEC. 3133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

       (a) Short Title.--This section may be cited as the ``Anti-
     Border Corruption Reauthorization Act of 2018''.
       (b) Hiring Flexibility.--Section 3 of the Anti-Border 
     Corruption Act of 2010 (6 U.S.C. 221) is amended by striking 
     subsection (b) and inserting the following new subsections:
       ``(b) Waiver Authority.--The Commissioner of U.S. Customs 
     and Border Protection may waive the application of subsection 
     (a)(1)--
       ``(1) to a current, full-time law enforcement officer 
     employed by a State or local law enforcement agency who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of, or 
     the incarceration of any person for, any violation of law, 
     and has statutory powers for arrest or apprehension;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) has, within the past ten years, successfully 
     completed a polygraph examination as a condition of 
     employment with such officer's current law enforcement 
     agency;
       ``(2) to a current, full-time Federal law enforcement 
     officer who--
       ``(A) has continuously served as a law enforcement officer 
     for not fewer than three years;
       ``(B) is authorized to make arrests, conduct 
     investigations, conduct searches, make seizures, carry 
     firearms, and serve orders, warrants, and other processes;
       ``(C) is not currently under investigation, has not been 
     found to have engaged in criminal activity or serious 
     misconduct, has not resigned from a law enforcement officer 
     position under investigation or in lieu of termination, and 
     has not been dismissed from a law enforcement officer 
     position; and
       ``(D) holds a current Tier 4 background investigation or 
     current Tier 5 background investigation; and
       ``(3) to a member of the Armed Forces (or a reserve 
     component thereof) or a veteran, if such individual--
       ``(A) has served in the Armed Forces for not fewer than 
     three years;
       ``(B) holds, or has held within the past five years, a 
     Secret, Top Secret, or Top Secret/Sensitive Compartmented 
     Information clearance;
       ``(C) holds, or has undergone within the past five years, a 
     current Tier 4 background investigation or current Tier 5 
     background investigation;
       ``(D) received, or is eligible to receive, an honorable 
     discharge from service in the Armed Forces and has not 
     engaged in criminal activity or committed a serious military 
     or civil offense under the Uniform Code of Military Justice; 
     and
       ``(E) was not granted any waivers to obtain the clearance 
     referred to subparagraph (B).
       ``(c) Termination of Waiver Authority.--The authority to 
     issue a waiver under subsection (b) shall terminate on the 
     date that is four years after the date of the enactment of 
     the Border Security for America Act of 2018.''.
       (c) Supplemental Commissioner Authority and Definitions.--
       (1) Supplemental commissioner authority.--Section 4 of the 
     Anti-Border Corruption Act of 2010 is amended to read as 
     follows:

     ``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

       ``(a) Non-Exemption.--An individual who receives a waiver 
     under section 3(b) is not exempt from other hiring 
     requirements relating to suitability for employment and 
     eligibility to hold a national security designated position, 
     as determined by the Commissioner of U.S. Customs and Border 
     Protection.
       ``(b) Background Investigations.--Any individual who 
     receives a waiver under section 3(b) who holds a current Tier 
     4 background investigation shall be subject to a Tier 5 
     background investigation.
       ``(c) Administration of Polygraph Examination.--The 
     Commissioner of U.S. Customs and Border Protection is 
     authorized to administer a polygraph examination to an 
     applicant or employee who is eligible for or receives a 
     waiver under section 3(b) if information is discovered before 
     the completion of a background investigation that results in 
     a determination that a polygraph examination is necessary to 
     make a final determination regarding suitability for 
     employment or continued employment, as the case may be.''.
       (2) Report.--The Anti-Border Corruption Act of 2010, as 
     amended by paragraph (1), is further amended by adding at the 
     end the following new section:

     ``SEC. 5. REPORTING.

       ``(a) Annual Report.--Not later than one year after the 
     date of the enactment of this section and annually thereafter 
     while the waiver authority under section 3(b) is in effect, 
     the Commissioner of U.S. Customs and Border Protection shall 
     submit to Congress a report that includes, with respect to 
     each such reporting period--
       ``(1) the number of waivers requested, granted, and denied 
     under section 3(b);
       ``(2) the reasons for any denials of such waiver;
       ``(3) the percentage of applicants who were hired after 
     receiving a waiver;
       ``(4) the number of instances that a polygraph was 
     administered to an applicant who initially received a waiver 
     and the results of such polygraph;
       ``(5) an assessment of the current impact of the polygraph 
     waiver program on filling law enforcement positions at U.S. 
     Customs and Border Protection; and
       ``(6) additional authorities needed by U.S. Customs and 
     Border Protection to better utilize the polygraph waiver 
     program for its intended goals.
       ``(b) Additional Information.--The first report submitted 
     under subsection (a) shall include--
       ``(1) an analysis of other methods of employment 
     suitability tests that detect deception and could be used in 
     conjunction with traditional background investigations to 
     evaluate potential employees for suitability; and
       ``(2) a recommendation regarding whether a test referred to 
     in paragraph (1) should be adopted by U.S. Customs and Border 
     Protection when the polygraph examination requirement is 
     waived pursuant to section 3(b).''.
       (3) Definitions.--The Anti-Border Corruption Act of 2010, 
     as amended by paragraphs (1) and (2), is further amended by 
     adding at the end the following new section:

     ``SEC. 6. DEFINITIONS.

       ``In this Act:
       ``(1) Federal law enforcement officer.--The term `Federal 
     law enforcement officer' means a `law enforcement officer' 
     defined in section 8331(20) or 8401(17) of title 5, United 
     States Code.
       ``(2) Serious military or civil offense.--The term `serious 
     military or civil offense' means an offense for which--
       ``(A) a member of the Armed Forces may be discharged or 
     separated from service in the Armed Forces; and

[[Page S1071]]

       ``(B) a punitive discharge is, or would be, authorized for 
     the same or a closely related offense under the Manual for 
     Court-Martial, as pursuant to Army Regulation 635-200 chapter 
     14-12.
       ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
     respect to background investigations have the meaning given 
     such terms under the 2012 Federal Investigative Standards.
       ``(4) Veteran.--The term `veteran' has the meaning given 
     such term in section 101(2) of title 38, United States 
     Code.''.
       (d) Polygraph Examiners.--Not later than September 30, 
     2022, the Secretary shall increase to not fewer than 150 the 
     number of trained full-time equivalent polygraph examiners 
     for administering polygraphs under the Anti-Border Corruption 
     Act of 2010, as amended by this chapter.

     SEC. 3134. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS 
                   AND BORDER PROTECTION.

       (a) In General.--Subsection (l) of section 411 of the 
     Homeland Security Act of 2002 (6 U.S.C. 211) is amended to 
     read as follows:
       ``(l) Training and Continuing Education.--
       ``(1) Mandatory training.--The Commissioner shall ensure 
     that every agent and officer of U.S. Customs and Border 
     Protection receives a minimum of 21 weeks of training that 
     are directly related to the mission of the U.S. Border 
     Patrol, Air and Marine, and the Office of Field Operations 
     before the initial assignment of such agents and officers.
       ``(2) FLETC.--The Commissioner shall work in consultation 
     with the Director of the Federal Law Enforcement Training 
     Centers to establish guidelines and curriculum for the 
     training of agents and officers of U.S. Customs and Border 
     Protection under subsection (a).
       ``(3) Continuing education.--The Commissioner shall 
     annually require all agents and officers of U.S. Customs and 
     Border Protection who are required to undergo training under 
     subsection (a) to participate in not fewer than eight hours 
     of continuing education annually to maintain and update 
     understanding of Federal legal rulings, court decisions, and 
     Department policies, procedures, and guidelines related to 
     relevant subject matters.
       ``(4) Leadership training.--Not later than one year after 
     the date of the enactment of this subsection, the 
     Commissioner shall develop and require training courses 
     geared towards the development of leadership skills for mid- 
     and senior-level career employees not later than one year 
     after such employees assume duties in supervisory roles.''.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit to the 
     Committee on Homeland Security and the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Finance of the Senate a report identifying the guidelines 
     and curriculum established to carry out subsection (l) of 
     section 411 of the Homeland Security Act of 2002, as amended 
     by subsection (a) of this section.
       (c) Assessment.--Not later than four years after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Homeland 
     Security and the Committee on Ways and Means of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Finance of the 
     Senate a report that assesses the training and education, 
     including continuing education, required under subsection (l) 
     of section 411 of the Homeland Security Act of 2002, as 
     amended by subsection (a) of this section.

                           CHAPTER 3--GRANTS

     SEC. 3141. OPERATION STONEGARDEN.

       (a) In General.--Subtitle A of title XX of the Homeland 
     Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 2009. OPERATION STONEGARDEN.

       ``(a) Establishment.--There is established in the 
     Department a program to 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 U.S. 
     Border Patrol sector office.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for--
       ``(1) equipment, including maintenance and sustainment 
     costs;
       ``(2) personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities;
       ``(3) any activity permitted for Operation Stonegarden 
     under the Department of Homeland Security's Fiscal Year 2017 
     Homeland Security Grant Program Notice of Funding 
     Opportunity; and
       ``(4) any other appropriate activity, as determined by the 
     Administrator, in consultation with the Commissioner of U.S. 
     Customs and Border Protection.
       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section to grant recipients for a period of 
     not less than 36 months.
       ``(e) Report.--For each of fiscal years 2018 through 2022, 
     the Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report that contains information on the 
     expenditure of grants made under this section by each grant 
     recipient.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated $22,000,000 for fiscal year 2018 for 
     grants under this section.''.
       (b) Conforming Amendment.--Subsection (a) of section 2002 
     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.''.

               CHAPTER 4--AUTHORIZATION OF APPROPRIATIONS

     SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated for 
     fiscal year 2018, $4,960,000,000 to implement this subtitle 
     and the amendments made by this subtitle, of which--
       (1) $1,860,000,000 shall be used by the Department of 
     Homeland Security to construct physical barriers pursuant to 
     section 102 of the Illegal Immigration and Immigrant 
     Responsibility Act of 1996, as amended by section 3111 of 
     this division;
       (2) $200,000,000 shall be used by the Department to improve 
     tactical infrastructure pursuant to such section 102, as 
     amended by such section 3111 of this division;
       (3) $1,160,000,000 shall be used by the Department to carry 
     out section 3112 of this division;
       (4) $40,000,000 shall be used by the Coast Guard for 
     deployments of personnel and assets under paragraph (18) of 
     section 3113(a) of this division; and
       (5) $1,700,000,000 shall be used by the Department to carry 
     out section 3131 of this division.

   Subtitle B--Emergency Port of Entry Personnel and Infrastructure 
                                Funding

     SEC. 3201. PORTS OF ENTRY INFRASTRUCTURE.

       (a) Additional Ports of Entry.--
       (1) Authority.--The Administrator of General Services may, 
     subject to section 3307 of title 40, United States Code, 
     construct new ports of entry along the northern border and 
     southern border at locations determined by the Secretary.
       (2) Consultation.--
       (A) Requirement to consult.--The Secretary and the 
     Administrator of General Services shall consult with the 
     Secretary of State, the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Transportation, 
     and appropriate representatives of State and local 
     governments, and Indian tribes, and property owners in the 
     United States prior to determining a location for any new 
     port of entry constructed pursuant to paragraph (1).
       (B) Considerations.--The purpose of the consultations 
     required by subparagraph (A) shall be to minimize any 
     negative impacts of constructing a new port of entry on the 
     environment, culture, commerce, and quality of life of the 
     communities and residents located near such new port.
       (b) Expansion and Modernization of High-Priority Southern 
     Border Ports of Entry.--Not later than September 30, 2021, 
     the Administrator of General Services, subject to section 
     3307 of title 40, United States Code, and in coordination 
     with the Secretary, shall expand or modernize high-priority 
     ports of entry on the southern border, as determined by the 
     Secretary, for the purposes of reducing wait times and 
     enhancing security.
       (c) Port of Entry Prioritization.--Prior to constructing 
     any new ports of entry pursuant to subsection (a), the 
     Administrator of General Services shall complete the 
     expansion and modernization of ports of entry pursuant to 
     subsection (b) to the extent practicable.
       (d) Notifications.--
       (1) Relating to new ports of entry.--Not later than 15 days 
     after determining the location of any new port of entry for 
     construction pursuant to subsection (a), the Secretary and 
     the Administrator of General Services shall jointly notify 
     the Members of Congress who represent the State or 
     congressional district in which such new port of entry will 
     be located, as well as the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Finance, the Committee 
     on Commerce, Science, and Transportation, and the Committee 
     on the Judiciary of the Senate, and the Committee on Homeland 
     Security, the Committee on Ways and Means, the Committee on 
     Transportation and Infrastructure, and the Committee on the 
     Judiciary of the House of Representatives. Such notification 
     shall include information relating to the location of such 
     new port of entry, a description of the need

[[Page S1072]]

     for such new port of entry and associated anticipated 
     benefits, a description of the consultations undertaken by 
     the Secretary and the Administrator pursuant to paragraph (2) 
     of such subsection, any actions that will be taken to 
     minimize negative impacts of such new port of entry, and the 
     anticipated time-line for construction and completion of such 
     new port of entry.
       (2) Relating to expansion and modernization of ports of 
     entry.--Not later than 180 days after enactment of this Act, 
     the Secretary and the Administrator of General Services shall 
     jointly notify the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Finance, the Committee 
     on Commerce, Science, and Transportation, and the Committee 
     on the Judiciary of the Senate, and the Committee on Homeland 
     Security, the Committee on Ways and Means, the Committee on 
     Transportation and Infrastructure, and the Committee on the 
     Judiciary of the House of Representatives of the ports of 
     entry on the southern border that are the subject of 
     expansion or modernization pursuant to subsection (b) and the 
     Secretary's and Administrator's plan for expanding or 
     modernizing each such port of entry.
       (e) Rule of Construction.--Nothing in this section may be 
     construed as providing the Secretary new authority related to 
     the construction, acquisition, or renovation of real 
     property.

     SEC. 3202. SECURE COMMUNICATIONS.

       (a) In General.--The Secretary shall ensure that each U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs Enforcement officer or agent, if appropriate, is 
     equipped with a secure radio or other two-way communication 
     device, supported by system interoperability, that allows 
     each such officer to communicate--
       (1) between ports of entry and inspection stations; and
       (2) with other Federal, State, tribal, and local law 
     enforcement entities.
       (b) U.S. Border Patrol Agents.--The Secretary shall ensure 
     that each U.S. Border Patrol agent or officer assigned or 
     required to patrol on foot, by horseback, or with a canine 
     unit, in remote mission critical locations, and at border 
     checkpoints, has a multi- or dual-band encrypted portable 
     radio.
       (c) LTE Capability.--In carrying out subsection (b), the 
     Secretary shall acquire radios or other devices with the 
     option to be LTE-capable for deployment in areas where LTE 
     enhances operations and is cost effective.

     SEC. 3203. BORDER SECURITY DEPLOYMENT PROGRAM.

       (a) Expansion.--Not later than September 30, 2021, the 
     Secretary shall fully implement the Border Security 
     Deployment Program of the U.S. Customs and Border Protection 
     and expand the integrated surveillance and intrusion 
     detection system at land ports of entry along the southern 
     border and the northern border.
       (b) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $33,000,000 
     for fiscal year 2018 to carry out subsection (a).

     SEC. 3204. NON-INTRUSIVE INSPECTION OPERATIONAL 
                   DEMONSTRATION.

       (a) In General.--Not later than six months after the date 
     of the enactment of this Act, the Commissioner shall 
     establish a six-month operational demonstration to deploy a 
     high-throughput non-intrusive passenger vehicle inspection 
     system at not fewer than three land ports of entry along the 
     United States-Mexico border with significant cross-border 
     traffic. Such demonstration shall be located within the pre-
     primary traffic flow and should be scalable to span up to 26 
     contiguous in-bound traffic lanes without re-configuration of 
     existing lanes.
       (b) Report.--Not later than 90 days after the conclusion of 
     the operational demonstration under subsection (a), the 
     Commissioner shall submit to the Committee on Homeland 
     Security and the Committee on Ways and Means of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Finance of the 
     Senate a report that describes the following:
       (1) The effects of such demonstration on legitimate travel 
     and trade.
       (2) The effects of such demonstration on wait times, 
     including processing times, for non-pedestrian traffic.
       (3) The effectiveness of such demonstration in combating 
     terrorism and smuggling.

     SEC. 3205. BIOMETRIC EXIT DATA SYSTEM.

       (a) In General.--Subtitle B of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
     inserting after section 415 the following new section:

     ``SEC. 416. BIOMETRIC ENTRY-EXIT.

       ``(a) Establishment.--The Secretary shall--
       ``(1) not later than 180 days after the date of the 
     enactment of this section, submit to the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on the Judiciary of the Senate and the Committee on Homeland 
     Security and the Committee on the Judiciary of the House of 
     Representatives an implementation plan to establish a 
     biometric exit data system to complete the integrated 
     biometric entry and exit data system required under section 
     7208 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (8 U.S.C. 1365b), including--
       ``(A) an integrated master schedule and cost estimate, 
     including requirements and design, development, operational, 
     and maintenance costs of such a system, that takes into 
     account prior reports on such matters issued by the 
     Government Accountability Office and the Department;
       ``(B) cost-effective staffing and personnel requirements of 
     such a system that leverages existing resources of the 
     Department that takes into account prior reports on such 
     matters issued by the Government Accountability Office and 
     the Department;
       ``(C) a consideration of training programs necessary to 
     establish such a system that takes into account prior reports 
     on such matters issued by the Government Accountability 
     Office and the Department;
       ``(D) a consideration of how such a system will affect 
     arrival and departure wait times that takes into account 
     prior reports on such matter issued by the Government 
     Accountability Office and the Department;
       ``(E) information received after consultation with private 
     sector stakeholders, including the--
       ``(i) trucking industry;
       ``(ii) airport industry;
       ``(iii) airline industry;
       ``(iv) seaport industry;
       ``(v) travel industry; and
       ``(vi) biometric technology industry;
       ``(F) a consideration of how trusted traveler programs in 
     existence as of the date of the enactment of this section may 
     be impacted by, or incorporated into, such a system;
       ``(G) defined metrics of success and milestones;
       ``(H) identified risks and mitigation strategies to address 
     such risks;
       ``(I) a consideration of how other countries have 
     implemented a biometric exit data system; and
       ``(J) a list of statutory, regulatory, or administrative 
     authorities, if any, needed to integrate such a system into 
     the operations of the Transportation Security Administration; 
     and
       ``(2) not later than two years after the date of the 
     enactment of this section, establish a biometric exit data 
     system at the--
       ``(A) 15 United States airports that support the highest 
     volume of international air travel, as determined by 
     available Federal flight data;
       ``(B) 10 United States seaports that support the highest 
     volume of international sea travel, as determined by 
     available Federal travel data; and
       ``(C) 15 United States land ports of entry that support the 
     highest volume of vehicle, pedestrian, and cargo crossings, 
     as determined by available Federal border crossing data.
       ``(b) Implementation.--
       ``(1) Pilot program at land ports of entry for non-
     pedestrian outbound traffic.--Not later than six months after 
     the date of the enactment of this section, the Secretary, in 
     collaboration with industry stakeholders, shall establish a 
     six-month pilot program to test the biometric exit data 
     system referred to in subsection (a)(2) on non-pedestrian 
     outbound traffic at not fewer than three land ports of entry 
     with significant cross-border traffic, including at not fewer 
     than two land ports of entry on the southern land border and 
     at least one land port of entry on the northern land border. 
     Such pilot program may include a consideration of more than 
     one biometric mode, and shall be implemented to determine the 
     following:
       ``(A) How a nationwide implementation of such biometric 
     exit data system at land ports of entry shall be carried out.
       ``(B) The infrastructure required to carry out subparagraph 
     (A).
       ``(C) The effects of such pilot program on legitimate 
     travel and trade.
       ``(D) The effects of such pilot program on wait times, 
     including processing times, for such non-pedestrian traffic.
       ``(E) The effects of such pilot program on combating 
     terrorism.
       ``(F) The effects of such pilot program on identifying visa 
     holders who violate the terms of their visas.
       ``(2) At land ports of entry for non-pedestrian outbound 
     traffic.--
       ``(A) In general.--Not later than five years after the date 
     of the enactment of this section, the Secretary shall expand 
     the biometric exit data system referred to in subsection 
     (a)(2) to all land ports of entry, and such system shall 
     apply only in the case of non-pedestrian outbound traffic.
       ``(B) Extension.--The Secretary may extend for a single 
     two-year period the date specified in subparagraph (A) if the 
     Secretary certifies to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on the Judiciary of 
     the Senate and the Committee on Homeland Security and the 
     Committee on the Judiciary of the House of Representatives 
     that the 15 land ports of entry that support the highest 
     volume of passenger vehicles, as determined by available 
     Federal data, do not have the physical infrastructure or 
     characteristics to install the systems necessary to implement 
     a biometric exit data system.
       ``(3) At air and sea ports of entry.--Not later than five 
     years after the date of the enactment of this section, the 
     Secretary shall expand the biometric exit data system 
     referred to in subsection (a)(2) to all air and sea ports of 
     entry.
       ``(4) At land ports of entry for pedestrians.--Not later 
     than five years after the date of the enactment of this 
     section, the

[[Page S1073]]

     Secretary shall expand the biometric exit data system 
     referred to in subsection (a)(2) to all land ports of entry, 
     and such system shall apply only in the case of pedestrians.
       ``(c) Effects on Air, Sea, and Land Transportation.--The 
     Secretary, in consultation with appropriate private sector 
     stakeholders, shall ensure that the collection of biometric 
     data under this section causes the least possible disruption 
     to the movement of people or cargo in air, sea, or land 
     transportation, while fulfilling the goals of improving 
     counterterrorism efforts and identifying visa holders who 
     violate the terms of their visas.
       ``(d) Termination of Proceeding.--Notwithstanding any other 
     provision of law, the Secretary shall, on the date of the 
     enactment of this section, terminate the proceeding entitled 
     `Collection of Alien Biometric Data Upon Exit From the United 
     States at Air and Sea Ports of Departure; United States 
     Visitor and Immigrant Status Indicator Technology Program 
     (``US-VISIT'')', issued on April 24, 2008 (73 Fed. Reg. 
     22065).
       ``(e) Data-Matching.--The biometric exit data system 
     established under this section shall--
       ``(1) match biometric information for an individual, 
     regardless of nationality, citizenship, or immigration 
     status, who is departing the United States against biometric 
     data previously provided to the United States Government by 
     such individual for the purposes of international travel;
       ``(2) leverage the infrastructure and databases of the 
     current biometric entry and exit system established pursuant 
     to section 7208 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
     described in paragraph (1); and
       ``(3) be interoperable with, and allow matching against, 
     other Federal databases that--
       ``(A) store biometrics of known or suspected terrorists; 
     and
       ``(B) identify visa holders who violate the terms of their 
     visas.
       ``(f) Scope.--
       ``(1) In general.--The biometric exit data system 
     established under this section shall include a requirement 
     for the collection of biometric exit data at the time of 
     departure for all categories of individuals who are required 
     by the Secretary to provide biometric entry data.
       ``(2) Exception for certain other individuals.--This 
     section shall not apply in the case of an individual who 
     exits and then enters the United States on a passenger vessel 
     (as such term is defined in section 2101 of title 46, United 
     States Code) the itinerary of which originates and terminates 
     in the United States.
       ``(3) Exception for land ports of entry.--This section 
     shall not apply in the case of a United States or Canadian 
     citizen who exits the United States through a land port of 
     entry.
       ``(g) Collection of Data.--The Secretary may not require 
     any non-Federal person to collect biometric data, or 
     contribute to the costs of collecting or administering the 
     biometric exit data system established under this section, 
     except through a mutual agreement.
       ``(h) Multi-Modal Collection.--In carrying out subsections 
     (a)(1) and (b), the Secretary shall make every effort to 
     collect biometric data using multiple modes of biometrics.
       ``(i) Facilities.--All facilities at which the biometric 
     exit data system established under this section is 
     implemented shall provide and maintain space for Federal use 
     that is adequate to support biometric data collection and 
     other inspection-related activity. For non-federally owned 
     facilities, such space shall be provided and maintained at no 
     cost to the Government. For all facilities at land ports of 
     entry, such space requirements shall be coordinated with the 
     Administrator of General Services.
       ``(j) Northern Land Border.--In the case of the northern 
     land border, the requirements under subsections (a)(2)(C), 
     (b)(2)(A), and (b)(4) may be achieved through the sharing of 
     biometric data provided to U.S. Customs and Border Protection 
     by the Canadian Border Services Agency pursuant to the 2011 
     Beyond the Border agreement.
       ``(k) Fair and Open Competition.--The Secretary shall 
     procure goods and services to implement this section via fair 
     and open competition in accordance with the Federal 
     Acquisition Regulations.
       ``(l) Other Biometric Initiatives.--Nothing in this section 
     may be construed as limiting the authority of the Secretary 
     to collect biometric information in circumstances other than 
     as specified in this section.
       ``(m) Congressional Review.--Not later than 90 days after 
     the date of the enactment of this section, the Secretary 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on the 
     Judiciary of the Senate, the Committee on Homeland Security 
     of the House of Representatives, and Committee on the 
     Judiciary of the House of Representatives reports and 
     recommendations regarding the Science and Technology 
     Directorate's Air Entry and Exit Re-Engineering Program of 
     the Department and the U.S. Customs and Border Protection 
     entry and exit mobility program demonstrations.
       ``(n) Savings Clause.--Nothing in this section shall 
     prohibit the collection of user fees permitted by section 
     13031 of the Consolidated Omnibus Budget Reconciliation Act 
     of 1985 (19 U.S.C. 58c).''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 415 the 
     following new item:

``Sec. 416. Biometric entry-exit.''.

     SEC. 3206. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

       (a) Finding.--Congress finds that personnel constraints 
     exist at land ports of entry with regard to sanitary and 
     phytosanitary inspections for exported goods.
       (b) Sense of Congress.--It is the sense of Congress that, 
     in the best interest of cross-border trade and the 
     agricultural community--
       (1) any lack of certified personnel for inspection purposes 
     at ports of entry should be addressed by seeking cooperation 
     between agencies and departments of the United States, 
     whether in the form of a memorandum of understanding or 
     through a certification process, whereby additional existing 
     agents are authorized for additional hours to facilitate and 
     expedite the flow of legitimate trade and commerce of 
     perishable goods in a manner consistent with rules of the 
     Department of Agriculture; and
       (2) cross designation should be available for personnel who 
     will assist more than one agency or department of the United 
     States at land ports of entry to facilitate and expedite the 
     flow of increased legitimate trade and commerce.

     SEC. 3207. AUTHORIZATION OF APPROPRIATIONS.

       In addition to any amounts otherwise authorized to be 
     appropriated for such purpose, there is authorized to be 
     appropriated $250,000,000 for fiscal year 2018 to carry out 
     this subtitle, of which--
       (1) $400,000 shall be used by the Secretary for hiring 
     additional Uniform Management Center support personnel, 
     purchasing uniforms for CBP officers and agents, acquiring 
     additional motor vehicles to support vehicle mounted 
     surveillance systems, hiring additional motor vehicle program 
     support personnel, and for contract support for customer 
     service, vendor management, and operations management; and
       (2) $50,000,000 shall be used to implement the biometric 
     exit data system described in section 416 of the Homeland 
     Security Act of 2002, as added by section 3205 of this 
     division.

     SEC. 3208. DEFINITION.

       In this subtitle, the term ``Secretary'' means the 
     Secretary of Homeland Security.

         TITLE IV--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

     SEC. 4101. DEFINITIONS.

       In this title:
       (1) In general.--Except as otherwise specifically provided, 
     the terms used in this title have the meanings given such 
     terms in subsections (a) and (b) of section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101).
       (2) Contingent nonimmigrant.--The term ``contingent 
     nonimmigrant'' means an alien who is granted contingent 
     nonimmigrant status under this title.
       (3) Educational institution.--The term ``educational 
     institution'' means--
       (A) an institution that is described in section 101(a) of 
     the Higher Education Act of 1965 (20 U.S.C. 1001(a)) or is a 
     proprietary institution of higher education (as defined in 
     section 102(b) of such Act (20 U.S.C. 1002(b)));
       (B) an elementary, primary, or secondary school within the 
     United States; or
       (C) an educational program assisting students either in 
     obtaining a high school equivalency diploma, certificate, or 
     its recognized equivalent under State law, or in passing a 
     General Educational Development exam or other equivalent 
     State-authorized exam or other applicable State requirements 
     for high school equivalency.
       (4) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (5) Sexual assault or harassment.--The term ``sexual 
     assault or harassment'' means--
       (A) conduct engaged in by an alien 18 years of age or 
     older, which consists of unwelcome sexual advances, requests 
     for sexual favors, or other verbal or physical conduct of a 
     sexual nature, and--
       (i) submission to such conduct is made either explicitly or 
     implicitly a term or condition of an individual's employment;
       (ii) submission to or rejection of such conduct by an 
     individual is used as the basis for employment decisions 
     affecting such individual; or
       (iii) such conduct has the purpose or effect of creating an 
     intimidating, hostile, or offensive environment;
       (B) conduct constituting a criminal offense of rape, as 
     described in section 101(a)(43)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)(A));
       (C) conduct constituting a criminal offense of statutory 
     rape, or any offense of a sexual nature involving a victim 
     under the age of 18 years, as described in section 
     101(a)(43)(A) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(43)(A));
       (D) sexual conduct with a minor who is under 14 years of 
     age, or with a minor under 16 years of age where the alien 
     was at least 4 years older than the minor;
       (E) conduct punishable under section 2251 or 2251A 
     (relating to the sexual exploitation of children and the 
     selling or buying of children), or section 2252 or 2252A 
     (relating to certain activities relating to material 
     involving the sexual exploitation of minors or

[[Page S1074]]

     relating to material constituting or containing child 
     pornography) of title 18, United States Code; or
       (F) conduct constituting the elements of any other Federal 
     or State sexual offense requiring a defendant, if convicted, 
     to register on a sexual offender registry (except that this 
     provision shall not apply to convictions solely for urinating 
     or defecating in public).
       (6) Victim.--The term ``victim'' has the meaning given the 
     term in section 503(e) of the Victims' Rights and Restitution 
     Act of 1990 (42 U.S.C. 10607(e)).

     SEC. 4102. CONTINGENT NONIMMIGRANT STATUS FOR CERTAIN ALIENS 
                   WHO ENTERED THE UNITED STATES AS MINORS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary may grant contingent nonimmigrant status 
     to an alien who--
       (1) meets the eligibility requirements set forth in 
     subsection (b);
       (2) submits a completed application before the end of the 
     period set forth in subsection (c)(2); and
       (3) has paid the fees required under subsection (c)(5).
       (b) Eligibility Requirements.--
       (1) In general.--An alien is eligible for contingent 
     nonimmigrant status if the alien establishes by clear and 
     convincing evidence that the alien meets the requirements set 
     forth in this subsection.
       (2) General requirements.--The requirements under this 
     paragraph are that the alien--
       (A) is physically present in the United States on the date 
     on which the alien submits an application for contingent 
     nonimmigrant status;
       (B) was physically present in the United States on June 15, 
     2007;
       (C) was younger than 16 years of age on the date the alien 
     initially entered the United States;
       (D) is a person of good moral character;
       (E) was under 31 years of age on June 15, 2012, and at the 
     time of filing an application under subsection (c);
       (F) has maintained continuous physical presence in the 
     United States from June 15, 2012, until the date on which the 
     alien is granted contingent nonimmigrant status under this 
     section;
       (G) had no lawful immigration status on June 15, 2012;
       (H) has requested the release to the Department of Homeland 
     Security of all records regarding their being adjudicated 
     delinquent in State or local juvenile court proceedings, and 
     the Department has obtained all such records; and
       (I) possesses a valid Employment Authorization Document 
     which authorizes the alien to work as of the date of the 
     enactment of this Act, which was issued pursuant to the June 
     15, 2012, U.S. Department of Homeland Security Memorandum 
     entitled, ``Exercising Prosecutorial Discretion With Respect 
     to Individuals Who Came to the United States as Children''.
       (3) Education requirement.--
       (A) In general.--An alien may not be granted contingent 
     nonimmigrant status under this section unless the alien 
     establishes by clear and convincing evidence that the alien--
       (i) is enrolled in, and is in regular full-time attendance 
     at, an educational institution within the United States; or
       (ii) has acquired a diploma from a high school in the 
     United States, has earned a General Educational Development 
     certificate recognized under State law, or has earned a 
     recognized high school equivalency certificate under 
     applicable State law.
       (B) Evidence.--An alien shall demonstrate compliance with 
     clause (i) or (ii) of subparagraph (A) by providing a valid 
     certified transcript or diploma from the educational 
     institution the alien is enrolled in or from which the alien 
     has acquired a diploma or certificate.
       (4) Grounds for ineligibility.--An alien is ineligible for 
     contingent nonimmigrant status if the Secretary determines 
     that the alien--
       (A) has a conviction for--
       (i) an offense classified as a felony in the convicting 
     jurisdiction;
       (ii) an aggravated felony;
       (iii) an offense classified as a misdemeanor in the 
     convicting jurisdiction which involved--

       (I) domestic violence (as defined in section 40002(a) of 
     the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)));
       (II) child abuse or neglect (as defined in section 40002(a) 
     of the Violence Against Women Act of 1994 (34 U.S.C. 
     12291(a)));
       (III) assault resulting in bodily injury (as such term is 
     defined in section 2266 of title 18, United States Code);
       (IV) the violation of a protection order (as such term is 
     defined in section 2266 of title 18, United States Code); or
       (V) driving while intoxicated or driving under the 
     influence (as such terms are defined in section 164(a)(2) of 
     title 23, United States Code);

       (iv) two or more misdemeanor convictions (excluding minor 
     traffic offenses that did not involve driving while 
     intoxicated or driving under the influence, or that did not 
     subject any individual other than the alien to bodily 
     injury); or
       (v) any offense under foreign law, except for a purely 
     political offense, which, if the offense had been committed 
     in the United States, would render the alien inadmissible 
     under section 212(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)) or deportable under section 237(a) of such 
     Act (8 U.S.C. 1227(a));
       (B) has been adjudicated delinquent in a State or local 
     juvenile court proceeding for an offense equivalent to--
       (i) an offense relating to murder, manslaughter, homicide, 
     rape (whether the victim was conscious or unconscious), 
     statutory rape, or any offense of a sexual nature involving a 
     victim under the age of 18 years, as described in section 
     101(a)(43)(A) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(43)(A));
       (ii) a crime of violence, as such term is defined in 
     section 16 of title 18, United States Code; or
       (iii) an offense punishable under section 401 of the 
     Controlled Substances Act (21 U.S.C. 841);
       (C) has a conviction for any other criminal offense, which 
     regard to which the alien has not satisfied any civil legal 
     judgements awarded to any victims (or family members of 
     victims) of the crime;
       (D) is described in section 212(a)(2)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1882(a)(2)(J)) (relating to 
     aliens associated with criminal gangs);
       (E) has been charged with a felony or misdemeanor offense 
     (excluding minor traffic offenses that did not involve 
     driving while intoxicated or driving under the influence, or 
     that did not subject any individual other than the alien to 
     bodily injury), and the charge or charges are still pending;
       (F) is inadmissible under section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), except that in 
     determining an alien's inadmissibility--
       (i) paragraphs (5), (7), and (9)(B) of such section shall 
     not apply; and
       (ii) subparagraphs (A), (D), and (G) of paragraph (6), and 
     paragraphs (9)(C)(i)(I) and (10)(B), of such section shall 
     not apply, except in the case of the alien unlawfully 
     entering the United States after June 15, 2007;
       (G) is deportable under section 237(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)), except that in 
     determining an alien's deportability--
       (i) subparagraph (A) of section 237(a)(1) of such Act shall 
     not apply with respect to grounds of inadmissibility that do 
     not apply pursuant to subparagraph (C) of such section; and
       (ii) subparagraphs (B) through (D) of section 237(a)(1) and 
     section 237(a)(3)(A) of such Act shall not apply;
       (H) was, on the date of the enactment of this Act--
       (i) an alien lawfully admitted for permanent residence;
       (ii) an alien admitted as a refugee under section 207 of 
     the Immigration and Nationality Act (8 U.S.C. 1157), or 
     granted asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1157 and 1158); or
       (iii) an alien who, according to the records of the 
     Secretary or the Secretary of State, is lawfully present in 
     the United States in any nonimmigrant status (other than an 
     alien considered to be a nonimmigrant solely due to the 
     application of section 244(f)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1254a(f)(4)) or the amendment made 
     by section 702 of the Consolidated Natural Resources Act of 
     2008 (Public Law 110-229)), notwithstanding any unauthorized 
     employment or other violation of nonimmigrant status;
       (I) has failed to comply with the requirements of any 
     removal order or voluntary departure agreement;
       (J) has been ordered removed in absentia pursuant to 
     section 240(b)(5)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1229a(b)(5)(A));
       (K) has failed or refused to attend or remain in attendance 
     at a proceeding to determine the alien's inadmissibility or 
     deportability;
       (L) if over the age of 18, has failed to demonstrate that 
     he or she is able to maintain himself or herself at an annual 
     income that is not less than 125 percent of the Federal 
     poverty level throughout the period of admission as a 
     contingent nonimmigrant, unless the alien has demonstrated 
     that the alien is enrolled in, and is in regular full-time 
     attendance at, an educational institution within the United 
     States;
       (M) is delinquent with respect to any Federal, State, or 
     local income or property tax liability;
       (N) has failed to pay to the Treasury, in addition to any 
     amounts owed, an amount equal to the aggregate value of any 
     disbursements received by such alien for refunds described in 
     section 1324(b)(2);
       (O) has income that would result in tax liability under 
     section 1 of the Internal Revenue Code of 1986 and that was 
     not reported to the Internal Revenue Service; or
       (P) has at any time engaged in sexual assault or 
     harassment.
       (c) Application Procedures.--
       (1) In general.--An alien may apply for contingent 
     nonimmigrant status by submitting a completed application 
     form via electronic filing to the Secretary during the 
     application period set forth in paragraph (2), in accordance 
     with the interim final rule made by the Secretary under 
     section 1105.
       (2) Application period.--The Secretary may only accept 
     applications for contingent nonimmigrant status from aliens 
     in the United States during the 1-year period beginning on 
     the date on which the interim final rule is published in the 
     Federal Register pursuant to section 1105.

[[Page S1075]]

       (3) Application form.--
       (A) Required information.--The application form referred to 
     in paragraph (1) shall collect such information as the 
     Secretary determines to be necessary and appropriate in order 
     to determine whether an alien meets the eligibility 
     requirements set forth in subsection (b).
       (B) Interview.--The Secretary shall conduct an in-person 
     interview of each applicant for contingent nonimmigrant 
     status under this section as part of the determination as to 
     whether the alien meets the eligibility requirements set 
     forth in subsection (b).
       (4) Documentary requirements.--An application filed by an 
     alien under this section shall include the following:
       (A) One or more of the following documents demonstrating 
     the alien's identity:
       (i) A passport (or national identity document) from the 
     alien's country of origin.
       (ii) A certified birth certificate along with photo 
     identification.
       (iii) A State-issued identification card bearing the 
     alien's name and photograph.
       (iv) An Armed Forces identification card issued by the 
     Department of Defense.
       (v) A Coast Guard identification card issued by the 
     Department of Homeland Security.
       (B) A certified copy of the alien's birth certificate or 
     certified school transcript demonstrating that the alien 
     satisfies the requirement of subsection (b)(2)(A)(iii) and 
     (v).
       (C) A certified school transcript demonstrating that the 
     alien satisfies the requirements of subsection (b)(2)(A)(ii) 
     and (vi).
       (D) Immigration records from the Department of Homeland 
     Security (demonstrating that the alien satisfies the 
     requirements under subsection (b)(2)(A)(i), (ii), and (vi)).
       (5) Fees.--
       (A) Standard processing fee.--
       (i) In general.--Aliens applying for contingent 
     nonimmigrant status under this section shall pay a processing 
     fee to the Department of Homeland Security in an amount 
     determined by the Secretary.
       (ii) Recovery of costs.--The processing fee authorized 
     under clause (i) shall be set at a level that is, at a 
     minimum, sufficient to recover the full costs of processing 
     the application, including any costs incurred--

       (I) to adjudicate the application;
       (II) to take and process biometrics;
       (III) to perform national security and criminal checks;
       (IV) to prevent and investigate fraud; and
       (V) to administer the collection of such fee.

       (iii) Deposit and use of processing fees.--Fees collected 
     under clause (i) shall be deposited into the Immigration 
     Examinations Fee Account pursuant to section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m)).
       (B) Border security fee.--
       (i) In general.--Aliens applying for contingent 
     nonimmigrant status under this section shall pay a border 
     security fee to the Department of Homeland Security in an 
     amount of $1,000.
       (ii) Use of border security fees.--Fees collected under 
     clause (i) shall be available, to the extent provided in 
     advance in appropriation Acts, to the Secretary of Homeland 
     Security for the purposes of carrying out title III, and the 
     amendments made by that title.
       (6) Aliens apprehended before or during the application 
     period.--If an alien who is apprehended during the period 
     beginning on the date of the enactment of this Act and ending 
     on the last day of the application period described in 
     paragraph (2) appears prima facie eligible for contingent 
     nonimmigrant status, to the satisfaction of the Secretary, 
     the Secretary--
       (A) shall provide the alien with a reasonable opportunity 
     to file an application under this section during such 
     application period; and
       (B) may not remove the individual until the Secretary has 
     denied the application, unless the Secretary, in the 
     Secretary's sole and unreviewable discretion, determines that 
     expeditious removal of the alien is in the national security, 
     public safety, or foreign policy interests of the United 
     States, or the Secretary will be required for constitutional 
     reasons or court order to release the alien from detention.
       (7) Suspension of removal during application period.--
       (A) Aliens in removal proceedings.--Notwithstanding any 
     other provision of this title, if the Secretary determines 
     that an alien, during the period beginning on the date of the 
     enactment of this Act and ending on the last day of the 
     application period described in subsection (c)(2), is in 
     removal, deportation, or exclusion proceedings before the 
     Executive Office for Immigration Review and is prima facie 
     eligible for contingent nonimmigrant status under this 
     section--
       (i) the Secretary shall provide the alien with the 
     opportunity to file an application for such status; and
       (ii) upon motion by the alien and with the consent of the 
     Secretary, the Executive Office for Immigration Review 
     shall--

       (I) provide the alien a reasonable opportunity to apply for 
     such status; and
       (II) if the alien applies within the time frame provided, 
     suspend such proceedings until the Secretary has made a 
     determination on the application.

       (B) Aliens ordered removed.--If an alien who meets the 
     eligibility requirements set forth in subsection (b) is 
     present in the United States and has been ordered excluded, 
     deported, or removed, or ordered to depart voluntarily from 
     the United States pursuant to section 212(a)(6)(A)(i) or 
     237(a)(1)(B) or (C) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary 
     shall provide the alien with the opportunity to file an 
     application for contingent nonimmigrant status provided that 
     the alien has not failed to comply with any order issued 
     pursuant to section 239 or 240B of the Immigration and 
     Nationality Act (8 U.S.C. 1229, 1229c).
       (C) Period pending adjudication of application.--During the 
     period beginning on the date on which an alien applies for 
     contingent nonimmigrant status under subsection (c) and 
     ending on the date on which the Secretary makes a 
     determination regarding such application, an otherwise 
     removable alien may not be removed from the United States 
     unless--
       (i) the Secretary makes a prima facie determination that 
     such alien is, or has become, ineligible for contingent 
     nonimmigrant status under subsection (b); or
       (ii) the Secretary, in the Secretary's sole and 
     unreviewable discretion, determines that removal of the alien 
     is in the national security, public safety, or foreign policy 
     interest of the United States.
       (8) Security and law enforcement clearances.--
       (A) Biometric and biographic data.--The Secretary may not 
     grant contingent nonimmigrant status to an alien under this 
     section unless such alien submits biometric and biographic 
     data in accordance with procedures established by the 
     Secretary.
       (B) Alternative procedures.--The Secretary may provide an 
     alternative procedure for applicants who cannot provide the 
     biometric data required under subparagraph (A) due to a 
     physical impairment.
       (C) Clearances.--
       (i) Data collection.--The Secretary shall collect, from 
     each alien applying for status under this section, biometric, 
     biographic, and other data that the Secretary determines to 
     be appropriate--

       (I) to conduct national security and law enforcement 
     checks; and
       (II) to determine whether there are any factors that would 
     render an alien ineligible for such status.

       (ii) Additional security screening.--The Secretary, in 
     consultation with the Secretary of State and the heads of 
     other agencies as appropriate, shall conduct an additional 
     security screening upon determining, in the Secretary's 
     opinion based upon information related to national security, 
     that an alien is or was a citizen or resident of a region or 
     country known to pose a threat, or that contains groups or 
     organizations that pose a threat, to the national security of 
     the United States.
       (iii) Prerequisite.--The required clearances and screenings 
     described in clauses (i)(I) and (ii) shall be completed 
     before the alien may be granted contingent nonimmigrant 
     status.
       (9) Duration of status and extension.--The initial period 
     of contingent nonimmigrant status--
       (A) shall be 3 years unless revoked pursuant to subsection 
     (e); and
       (B) may be extended for additional 3-year terms if--
       (i) the alien remains eligible for contingent nonimmigrant 
     status under subsection (b);
       (ii) the alien again passes background checks equivalent to 
     the background checks described in subsection (c)(9); and
       (iii) such status was not revoked by the Secretary for any 
     reason.
       (d) Terms and Conditions of Contingent Nonimmigrant 
     Status.--
       (1) Work authorization.--The Secretary shall grant 
     employment authorization to an alien granted contingent 
     nonimmigrant status who requests such authorization.
       (2) Travel outside the united states.--
       (A) In general.--The status of a contingent nonimmigrant 
     who is absent from the United States without authorization 
     shall be subject to revocation under subsection (e).
       (B) Authorization.--The Secretary may authorize a 
     contingent nonimmigrant to travel outside the United States 
     and may grant the contingent nonimmigrant reentry provided 
     that the contingent nonimmigrant--
       (i) was not absent from the United States for a period of 
     more than 15 consecutive days, or 90 days in the aggregate 
     during each 3-year period that the alien is in contingent 
     nonimmigrant status, unless the contingent nonimmigrant's 
     failure to return was due to extenuating circumstances beyond 
     the individual's control; and
       (ii) is otherwise admissible to the United States, except 
     as provided in subsection (b)(4)(F).
       (C) Clarification on admission.--The admission to the 
     United States of a contingent nonimmigrant after such trips 
     as described in subparagraph (B) shall not be considered an 
     admission for the purposes of section 245(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(a)).
       (3) Ineligibility for health care subsidies and refundable 
     tax credits.--
       (A) Health care subsidies.--A contingent nonimmigrant--
       (i) is not entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986 and shall be subject to the rules applicable to 
     individuals who are not lawfully present set forth in 
     subsection (e) of such section; and

[[Page S1076]]

       (ii) shall be subject to the rules applicable to 
     individuals who are not lawfully present set forth in section 
     1402(e) of the Patient Protection and Affordable Care Act (42 
     U.S.C. 18071(e)).
       (B) Refundable tax credits.--A contingent nonimmigrant 
     shall not be allowed any credit under sections 24 and 32 of 
     the Internal Revenue Code of 1986.
       (4) Federal, state, and local public benefits.--For 
     purposes of title IV of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et 
     seq.), a contingent nonimmigrant shall not be considered a 
     qualified alien under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).
       (5) Clarification.--An alien granted contingent 
     nonimmigrant status under this title shall not be considered 
     to have been admitted to the United States for the purposes 
     of section 245(a) of the Immigration and Nationality Act (8 
     U.S.C. 1255(a)).
       (e) Revocation.--
       (1) In general.--The Secretary shall revoke the status of a 
     contingent nonimmigrant at any time if the alien--
       (A) no longer meets the eligibility requirements set forth 
     in subsection (b);
       (B) knowingly uses documentation issued under this section 
     for an unlawful or fraudulent purpose; or
       (C) was absent from the United States at any time without 
     authorization after being granted contingent nonimmigrant 
     status.
       (2) Additional evidence.--In determining whether to revoke 
     an alien's status under paragraph (1), the Secretary may 
     require the alien--
       (A) to submit additional evidence; or
       (B) to appear for an in-person interview.
       (3) Invalidation of documentation.--If an alien's 
     contingent nonimmigrant status is revoked under paragraph 
     (1), any documentation issued by the Secretary to such alien 
     under this section shall automatically be rendered invalid 
     for any purpose except for departure from the United States.

     SEC. 4103. ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) Exclusive Administrative Review.--Administrative review 
     of a determination of an application for status, extension of 
     status, or revocation of status under this title shall be 
     conducted solely in accordance with this section.
       (b) Administrative Appellate Review.--
       (1) Establishment of administrative appellate authority.--
     The Secretary shall establish or designate an appellate 
     authority to provide for a single level of administrative 
     appellate review of a determination with respect to 
     applications for status, extension of status, or revocation 
     of status under this title.
       (2) Single appeal for each administrative decision.--
       (A) In general.--An alien in the United States whose 
     application for status under this title has been denied or 
     revoked may file with the Secretary not more than 1 appeal, 
     pursuant to this subsection, of each decision to deny or 
     revoke such status.
       (B) Notice of appeal.--A notice of appeal filed under this 
     subparagraph shall be filed not later than 30 calendar days 
     after the date of service of the decision of denial or 
     revocation.
       (3) Record for review.--Administrative appellate review 
     under this subsection shall be de novo and based only on--
       (A) the administrative record established at the time of 
     the determination on the application; and
       (B) any additional newly discovered or previously 
     unavailable evidence.
       (c) Judicial Review.--
       (1) Applicable provisions.--Judicial review of an 
     administratively final denial or revocation of, or failure to 
     extend, an application for status under this title shall be 
     governed only by chapter 158 of title 28, except as provided 
     in paragraphs (2) and (3) of this subsection, and except that 
     a court may not order the taking of additional evidence under 
     section 2347(c) of such chapter.
       (2) Single appeal for each administrative decision.--An 
     alien in the United States whose application for status under 
     this title has been denied, revoked, or failed to be 
     extended, may file not more than 1 appeal, pursuant to this 
     subsection, of each decision to deny or revoke such status.
       (3) Limitation on civil actions.--
       (A) Class actions.--No court may certify a class under Rule 
     23 of the Federal Rules of Civil Procedure in any civil 
     action filed after the date of the enactment of this Act 
     pertaining to the administration or enforcement of the 
     application for status under this title.
       (B) Requirements for an order granting prospective relief 
     against the government.--If a court determines that 
     prospective relief should be ordered against the Government 
     in any civil action pertaining to the administration or 
     enforcement of the application for status under this title, 
     the court shall--
       (i) limit the relief to the minimum necessary to correct 
     the violation of law;
       (ii) adopt the least intrusive means to correct the 
     violation of law;
       (iii) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety;
       (iv) provide for the expiration of the relief on a specific 
     date, which allows for the minimum practical time needed to 
     remedy the violation; and
       (v) limit the relief to the case at issue and shall not 
     extend any prospective relief to include any other 
     application for status under this title pending before the 
     Secretary or in a Federal court (whether in the same or 
     another jurisdiction).

     SEC. 4104. PENALTIES AND SIGNATURE REQUIREMENTS.

       (a) Penalties for False Statements in Applications.--
     Whoever files an initial or renewal application for 
     contingent nonimmigrant status under this title and knowingly 
     and willfully falsifies, misrepresents, conceals, or covers 
     up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry, shall be 
     fined in accordance with title 18, United States Code, or 
     imprisoned not more than 5 years, or both.
       (b) Signature Requirements.--An applicant under this title 
     shall sign their application, and the signature shall be an 
     original signature. A parent or legal guardian may sign for a 
     child or for an applicant whose physical or developmental 
     disability or mental impairment prevents the applicant from 
     being competent to sign. In such a case, the filing shall 
     include evidence of parentage or legal guardianship.

     SEC. 4105. RULEMAKING.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary shall issue interim final regulations 
     to implement this title, which shall take effect immediately 
     upon publication in the Federal Register.

     SEC. 4106. STATUTORY CONSTRUCTION.

       Except as specifically provided, nothing in this title may 
     be construed to create any substantive or procedural right or 
     benefit that is legally enforceable by any party against the 
     United States or its agencies or officers or any other 
     person.
                                 ______
                                 
  SA 1967. Mr. GARDNER (for himself and Mr. Bennet) 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 I--BORDER SECURITY

   Subtitle A--Appropriations for U.S. Customs and Border Protection

     SEC. 101. BORDER SECURITY.

       (a) Appropriations for U.S. Customs and Border 
     Protection.--There is appropriated to the Department of 
     Homeland Security, U.S. Customs and Border Protection, 
     $25,000,000,000 for the fiscal years 2018 through 2027 for 
     the construction of physical barriers; border security 
     technologies, facilities, and equipment; the purchase, 
     maintenance, or operation of marine vessels, aircraft, and 
     unmanned aerial systems; the hiring of additional U.S. 
     Customs and Border Protection Officers; port of entry 
     improvement; and border access roads along the Southern land 
     border, of which--
       (1) $2,500,000,000 shall be available for fiscal year 2018, 
     and shall remain available until September 30, 2022, and of 
     the amount available under this paragraph--
       (A) $784,000,000 shall be available for 32 miles of border 
     bollard fencing in the Rio Grande Valley Sector, Texas;
       (B) $498,000,000 shall be available for 28 miles of a 
     bollard levee in the Rio Grande Valley Sector, Texas;
       (C) $251,000,000 shall be available for 14 miles of 
     secondary fencing in the San Diego Sector, California; and
       (D) $38,239,000 shall be available for planning activities 
     related to physical barrier construction along the Southwest 
     border;
       (2) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2018, to remain available until 
     September 30, 2023, and of the amount available under this 
     paragraph $1,600,000,000 shall be available for the 
     construction of physical barriers;
       (3) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2019, to remain available until 
     September 30, 2024, and of the amount available under this 
     paragraph $1,842,000,000 shall be available for the 
     construction of physical barriers;
       (4) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2020, to remain available until 
     September 30, 2025, and of the amount available under this 
     paragraph $2,019,000,000 shall be available for the 
     construction of physical barriers;
       (5) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2021, to remain available until 
     September 30, 2026, and of the amount available under this 
     paragraph $1,237,000,000 shall be available for the 
     construction of physical barriers;
       (6) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2022, to remain available until 
     September 30, 2027, and of the amount available under this 
     paragraph $1,745,000,000 shall be available for the 
     construction of physical barriers;
       (7) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2023, to remain available until 
     September 30, 2028, and of the amount available under this 
     paragraph $1,746,000,000 shall be available for the 
     construction of physical barriers;
       (8) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1,

[[Page S1077]]

     2024, to remain available until September 30, 2029, and of 
     the amount available under this paragraph $1,776,000,000 
     shall be available for the construction of physical barriers;
       (9) $2,500,000,000 shall not be available for obligation or 
     commitment until October 1, 2025, to remain available until 
     September 30, 2030, and of the amount available under this 
     paragraph $1,746,000,000 shall be available for the 
     construction of physical barriers; and
       (10) $2,500,000,000 shall not be available for obligation 
     or commitment until October 1, 2026, to remain available 
     until September 30, 2031, and of the amount available under 
     this paragraph $1,717,000,000 shall be available for the 
     construction of physical barriers.
       (b) Limitation.--Amounts appropriated under subsection (a) 
     for fiscal years 2018 and 2019, the construction of physical 
     barriers 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.
       (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, for 
     which a full evaluation has been completed by the Government 
     Accountability Office to determine its strengths and 
     weaknesses, to the Committee on Appropriations of the Senate, 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on Appropriations of the 
     House of Representatives, that--
       (1) defines goals, objectives, activities, and milestones;
       (2) includes a detailed implementation schedule with 
     estimates for the planned obligation of funds for fiscal year 
     2019 through fiscal year 2023 that are linked to the 
     milestone based delivery of specific--
       (A) capabilities and services;
       (B) mission benefits and outcomes;
       (C) program management capabilities; and
       (D) lifecycle cost estimates;
       (3) describes how specific projects under the plan will 
     enhance border security goals and objectives and address the 
     highest priority border security needs;
       (4) identifies the planned locations, quantities, and types 
     of resources, such as fencing, other physical barriers, or 
     other tactical infrastructure and technology and a 
     comprehensive plan to consult State and local elected 
     officials on the eminent domain and construction process 
     relating to such physical barriers;
       (5) 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;
       (6) includes a description of the methodology and analyses 
     used to select specific resources for deployment to 
     particular locations that includes--
       (A) a thorough analysis and comparison of alternatives to a 
     physical barrier to determine the most cost effective 
     security solution, including--
       (i) underground sensors;
       (ii) infrared or other day or night cameras;
       (iii) tethered or mobile aerostats;
       (iv) drones or other airborne assets;
       (v) integrated fixed towers; and
       (vi) the deployment of additional border personnel;
       (B) effects on communities and property owners near areas 
     of infrastructure deployment, including all necessary land 
     acquisitions, the total number of necessary condemnation 
     actions, and the precise number of landowners that will be 
     impacted by the construction of such physical barriers; and
       (C) other factors critical to the decision-making process;
       (7) identifies staffing requirements, including full-time 
     equivalents, contractors, and detailed personnel, by 
     activity;
       (8) identifies performance metrics for assessing and 
     reporting on the contributions of border security 
     capabilities realized from current and future investments;
       (9) reports on the status of the Department of Homeland 
     Security's actions to address open recommendations by the 
     Office of Inspector General and the Government Accountability 
     Office related to border security, including plans, 
     schedules, and associated milestones for fully addressing 
     such recommendations; and
       (10) includes certifications by the Under Secretary for 
     Management, including all documents, memoranda, and a 
     description of the investment review and information 
     technology management oversight and processes supporting such 
     certifications, that--
       (A) the program has been reviewed and approved in 
     accordance with an acquisition review management process that 
     complies with capital planning and investment control and 
     review requirements established by the Office of Management 
     and Budget, including as provided in Circular A-11, part 7; 
     and
       (B) all planned activities comply with Federal acquisition 
     rules, requirements, guidelines, and practices.
       (d) Government Accountability Office Evaluation.--Not later 
     than 180 days after the date on which the Secretary of 
     Homeland Security submits the report described in subsection 
     (c), the Comptroller General of the United States shall 
     complete the evaluation required under such subsection.
       (e) Transfer Authority.--The Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives may provide for the transfer of amounts 
     made available in subsection (a) for each fiscal year to 
     eligible activities under this section.
       (f) Rescission.--Notwithstanding any other provision of 
     law, any amounts appropriated under subsection (a) that 
     remain available after the completion of the construction 
     projects described in the reports required under subsection 
     (c) shall be rescinded and returned to the general fund of 
     the Treasury.
       (g) Prohibition.--Notwithstanding any other provision of 
     law, and except for the activities described under subsection 
     (a), none of the amounts appropriated under this section may 
     be reprogrammed or transferred for any other component or 
     activity within the Department of Homeland Security.
       (h) Budget Request.--An expenditure plan for amounts made 
     available pursuant to 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 describe 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.
       (i) Rule of Construction.--Nothing in this section shall be 
     construed as limiting the availability of funds made 
     available in any other Act for carrying out the purposes 
     described in subsection (a).
       (j) Budgetary Effects.--
       (1) In general.--The budgetary effects of this Act shall 
     not be entered on either PAYGO scorecard maintained pursuant 
     to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
       (2) Senate paygo scorecards.--The budgetary effects of this 
     Act shall not be entered on any PAYGO scorecard maintained 
     for purposes of section 4106 of H.Con.Res. 71 (115th 
     Congress).

            Subtitle B--Improving Border Safety and Security

     SEC. 111. BORDER ACCESS ROADS.

       (a) Construction.--
       (1) In general.--The Secretary of Homeland Security shall 
     construct roads along the Southern land border of the United 
     States to facilitate safe and swift access for U.S. Customs 
     and Border Protection personnel to access the border for 
     purposes of patrol and apprehension.
       (2) Types of roads.--The roads constructed under paragraph 
     (1) shall include--
       (A) access roads;
       (B) border roads;
       (C) patrol roads; and
       (D) Federal, State, local, and privately-owned roads.
       (b) Maintenance.--The Secretary of Homeland Security, in 
     partnership with local stakeholders, shall maintain roads 
     used for patrol and apprehension.
       (c) Policy Guidance.--The Secretary of Homeland Security 
     shall--
       (1) develop such policies and guidance for documenting 
     agreements with landowners relating to the construction of 
     roads under subsection (a) as the Secretary determines to be 
     necessary;
       (2) share the policies and guidance developed under 
     paragraph (1) with each Border Patrol Sector of U.S. Customs 
     and Border Protection;
       (3) document and communicate the process and criteria for 
     prioritizing funding for operational roads not owned by the 
     Federal Government; and
       (4) assess the feasibility of options for addressing the 
     maintenance of non-Federal public roads, including any data 
     needs relating to such maintenance.

     SEC. 112. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.

       (a) In General.--Chapter 97 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 9702. U.S. Customs and Border Protection employment 
       authorities

       ``(a) Definitions.--In this section--
       ``(1) the term `CBP employee' means an employee of U.S. 
     Customs and Border Protection;
       ``(2) the term `Commissioner' means the Commissioner of 
     U.S. Customs and Border Protection;
       ``(3) the term `Director' means the Director of the Office 
     of Personnel Management;
       ``(4) the term `rural or remote area' means an area within 
     the United States that is not within an area defined and 
     designated as an urbanized area by the Bureau of the Census 
     during the most recently completed decennial census; and
       ``(5) the term `Secretary' means the Secretary of Homeland 
     Security.
       ``(b) Demonstration of Recruitment and Retention 
     Difficulties in Rural or Remote Areas.--
       ``(1) In general.--For purposes of subsections (c) and (d), 
     the Secretary shall determine, for a rural or remote area, 
     whether there is--
       ``(A) a critical hiring need in the area; and
       ``(B) a direct relationship between--
       ``(i) the rural or remote nature of the area; and
       ``(ii) difficulty in the recruitment and retention of CBP 
     employees in the area.
       ``(2) Factors.--To inform the determination of a direct 
     relationship under paragraph (1)(B), the Secretary may 
     consider evidence--

[[Page S1078]]

       ``(A) that the Secretary--
       ``(i) is unable to efficiently and effectively recruit 
     individuals for positions as CBP employees, which may be 
     demonstrated with various types of evidence, including--

       ``(I) evidence that multiple positions have been 
     continuously vacant for significantly longer than the 
     national average period for which similar positions in U.S. 
     Customs and Border Protection are vacant; or
       ``(II) recruitment studies that demonstrate the inability 
     of the Secretary to efficiently and effectively recruit CBP 
     employees for positions in the area; or

       ``(ii) experiences a consistent inability to retain CBP 
     employees that negatively impacts agency operations at a 
     local or regional level; or
       ``(B) of any other inability, directly related to 
     recruitment or retention difficulties, that the Secretary 
     determines sufficient.
       ``(c) Direct Hire Authority; Recruitment and Relocation 
     Bonuses; Retention Bonuses.--
       ``(1) Direct hire authority.--
       ``(A) In general.--The Secretary may appoint, without 
     regard to any provision of sections 3309 through 3319, 
     candidates to positions in the competitive service as CBP 
     employees, in a rural or remote area, if the Secretary--
       ``(i) determines that--

       ``(I) there is a critical hiring need; and
       ``(II) there exists a severe shortage of qualified 
     candidates because of the direct relationship identified by 
     the Secretary under subsection (b)(1)(B) of this section 
     between--

       ``(aa) the rural or remote nature of the area; and
       ``(bb) difficulty in the recruitment and retention of CBP 
     employees in the area; and
       ``(ii) has given public notice for the positions.
       ``(B) Prioritization of hiring veterans.--If the Secretary 
     uses the direct hiring authority under subparagraph (A), the 
     Secretary shall apply the principles of preference for the 
     hiring of veterans established under subchapter I of chapter 
     33.
       ``(2) Recruitment and relocation bonuses.--The Secretary 
     may pay a bonus to an individual (other than an individual 
     described in subsection (a)(2) of section 5753) if--
       ``(A) the Secretary determines that--
       ``(i) conditions consistent with the conditions described 
     in paragraphs (1) and (2) of subsection (b) of such section 
     5753 are satisfied with respect to the individual (without 
     regard to any other provision of that section); and
       ``(ii) the position to which the individual is appointed or 
     to which the individual moves or must relocate--

       ``(I) is a position as a CBP employee; and
       ``(II) is in a rural or remote area for which the Secretary 
     has identified a direct relationship under subsection 
     (b)(1)(B) of this section between--

       ``(aa) the rural or remote nature of the area; and
       ``(bb) difficulty in the recruitment and retention of CBP 
     employees in the area; and
       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(3) Retention bonuses.--The Secretary may pay a retention 
     bonus to a CBP employee (other than an individual described 
     in subsection (a)(2) of section 5754) if--
       ``(A) the Secretary determines that--
       ``(i) a condition consistent with the condition described 
     in subsection (b)(1) of such section 5754 is satisfied with 
     respect to the CBP employee (without regard to any other 
     provision of that section);
       ``(ii) the CBP employee is employed in a rural or remote 
     area for which the Secretary has identified a direct 
     relationship under subsection (b)(1)(B) of this section 
     between--

       ``(I) the rural or remote nature of the area; and
       ``(II) difficulty in the recruitment and retention of CBP 
     employees in the area; and

       ``(iii) in the absence of a retention bonus, the CBP 
     employee would be likely to leave--

       ``(I) the Federal service; or
       ``(II) for a different position in the Federal service, 
     including a position in another agency or component of the 
     Department of Homeland Security; and

       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(4) Rules for bonuses.--
       ``(A) Maximum bonus.--A bonus paid to an employee under--
       ``(i) paragraph (2) may not exceed 100 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period; and
       ``(ii) paragraph (3) may not exceed 50 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period.
       ``(B) Relation to basic pay.--A bonus paid to an employee 
     under paragraph (2) or (3) shall not be considered part of 
     the basic pay of the employee for any purpose.
       ``(5) OPM oversight.--The Director shall, to the extent 
     practicable--
       ``(A) set aside a determination of the Secretary under this 
     subsection if the Director finds substantial evidence that 
     the Secretary abused the discretion of the Secretary in 
     making the determination; and
       ``(B) oversee the compliance of the Secretary with this 
     subsection.
       ``(d) Special Pay Authority.--In addition to the 
     circumstances described in subsection (b) of section 5305, 
     the Director may establish special rates of pay in accordance 
     with that section if the Director finds that the recruitment 
     or retention efforts of the Secretary with respect to 
     positions for CBP employees in 1 or more areas or locations 
     are, or are likely to become, significantly handicapped 
     because the positions are located in a rural or remote area 
     for which the Secretary has identified a direct relationship 
     under subsection (b)(1)(B) of this section between--
       ``(1) the rural or remote nature of the area; and
       ``(2) difficulty in the recruitment and retention of CBP 
     employees in the area.
       ``(e) Regular CBP Review.--
       ``(1) Ensuring flexibilities meet cbp needs.--Each year, 
     the Secretary shall review the use of hiring flexibilities 
     under subsections (c) and (d) to fill positions at a location 
     in a rural or remote area to determine--
       ``(A) the impact of the use of those flexibilities on 
     solving hiring and retention challenges at the location;
       ``(B) whether hiring and retention challenges still exist 
     at the location; and
       ``(C) whether the Secretary needs to continue to use those 
     flexibilities at the location.
       ``(2) Consideration.--In conducting the review under 
     paragraph (1), the Secretary shall consider--
       ``(A) whether any CBP employee accepted an employment 
     incentive under subsection (c) or (d) and then transferred to 
     a new location or left U.S. Customs and Border Protection; 
     and
       ``(B) the length of time that each employee identified 
     under subparagraph (A) stayed at the original location before 
     transferring to a new location or leaving U.S. Customs and 
     Border Protection.
       ``(3) Distribution.--The Secretary shall submit to Congress 
     a report on each review required under paragraph (1).
       ``(f) Improving CBP Hiring and Retention.--
       ``(1) Education of cbp hiring officials.--Not later than 
     180 days after the date of the enactment of the this section, 
     and in conjunction with the Chief Human Capital Officer of 
     the Department of Homeland Security, the Secretary shall 
     develop and implement a strategy to improve education 
     regarding hiring and human resources flexibilities (including 
     hiring and human resources flexibilities for locations in 
     rural or remote areas) for all employees, serving in agency 
     headquarters or field offices, who are involved in the 
     recruitment, hiring, assessment, or selection of candidates 
     for locations in a rural or remote area, as well as the 
     retention of current employees.
       ``(2) Elements.--Elements of the strategy under paragraph 
     (1) shall include the following:
       ``(A) Developing or updating training and educational 
     materials on hiring and human resources flexibilities for 
     employees who are involved in the recruitment, hiring, 
     assessment, or selection of candidates, as well as the 
     retention of current employees.
       ``(B) Regular training sessions for personnel who are 
     critical to filling open positions in rural or remote areas.
       ``(C) The development of pilot programs or other programs, 
     as appropriate, to address identified hiring challenges in 
     rural or remote areas.
       ``(D) Developing and enhancing strategic recruiting efforts 
     through relationships with institutions of higher education, 
     as defined in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002), veterans transition and employment centers, 
     and job placement program in regions that could assist in 
     filling positions in rural or remote areas.
       ``(E) Examination of existing agency programs on how to 
     most effectively aid spouses and families of individuals who 
     are candidates or new hires in a rural or remote area.
       ``(F) Feedback from individuals who are candidates or new 
     hires at locations in a rural or remote area, including 
     feedback on the quality of life in rural or remote areas for 
     new hires and their families.
       ``(G) Feedback from CBP employees, other than new hires, 
     who are stationed at locations in a rural or remote area, 
     including

[[Page S1079]]

     feedback on the quality of life in rural or remote areas for 
     those CBP employees and their families.
       ``(H) Evaluation of Department of Homeland Security 
     internship programs and the usefulness of those programs in 
     improving hiring by the Secretary in rural or remote areas.
       ``(3) Evaluation.--
       ``(A) In general.--Each year, the Secretary shall --
       ``(i) evaluate the extent to which the strategy developed 
     and implemented under paragraph (1) has improved the hiring 
     and retention ability of the Secretary; and
       ``(ii) make any appropriate updates to the strategy under 
     paragraph (1).
       ``(B) Information.--The evaluation conducted under 
     subparagraph (A) shall include--
       ``(i) any reduction in the time taken by the Secretary to 
     fill mission-critical positions in rural or remote areas;
       ``(ii) a general assessment of the impact of the strategy 
     implemented under paragraph (1) on hiring challenges in rural 
     or remote areas; and
       ``(iii) other information the Secretary determines 
     relevant.
       ``(g) Inspector General Review.--Not later than 2 years 
     after the date of the enactment of the this section, the 
     Inspector General of the Department of Homeland Security 
     shall review the use of hiring flexibilities by the Secretary 
     under subsections (c) and (d) to determine whether the use of 
     those flexibilities is helping the Secretary meet hiring and 
     retention needs in rural and remote areas.
       ``(h) Exercise of Authority.--
       ``(1) Sole discretion.--The exercise of authority under 
     subsection (c) shall be subject to the sole and exclusive 
     discretion of the Secretary (or the Commissioner, as 
     applicable under paragraph (2) of this subsection), 
     notwithstanding chapter 71.
       ``(2) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may delegate any authority under this section to 
     the Commissioner.
       ``(B) Oversight.--The Commissioner may not make a 
     determination under subsection (b)(1) unless the Secretary 
     approves the determination.
       ``(i) Rule of Construction.--Nothing in this section shall 
     be construed to exempt the Secretary or the Director from the 
     applicability of the merit system principles under section 
     2301.
       ``(j) Sunset.--The authorities under subsections (c) and 
     (d) shall terminate on the date that is 5 years after the 
     date of the enactment of this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 97 of title 5, United States Code, is 
     amended by adding at the end the following:

``9702. U.S. Customs and Border Protection employment authorities.''.

     SEC. 113. DISTRESS BEACONS.

       (1) In general.--The Commissioner of U.S. Customs and 
     Border Protection, working through U.S. Border Patrol, 
     shall--
       (A) identify areas near the international border between 
     the United States and Canada or the international border 
     between the United States and Mexico where migrant deaths are 
     occurring due to climatic and environmental conditions; and
       (B) deploy up to 1,000 beacon stations in the areas 
     identified pursuant to subparagraph (A).
       (2) Features.--Beacon stations deployed pursuant to 
     paragraph (1) should--
       (A) include a self-powering mechanism, such as a solar-
     powered radio button, to signal U.S. Border Patrol personnel 
     or other emergency response personnel that a person at that 
     location is in distress;
       (B) include a self-powering cellular phone relay limited to 
     911 calls to allow persons in distress in the area who are 
     unable to get to the beacon station to signal their location 
     and access emergency personnel; and
       (C) be movable to allow U.S. Border Patrol to relocate them 
     as needed--
       (i) to mitigate migrant deaths;
       (ii) to facilitate access to emergency personnel; and
       (iii) to address any use of the beacons for diversion by 
     criminals.

     SEC. 114. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS 
                   GRANTS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the governors of the States located on the 
     international border between the United States and Mexico, 
     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 demonstrates 
     that he or she--
       (1) regularly resides or works in a State that shares a 
     land border with Mexico; 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.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.

     SEC. 115. OFFICE OF PROFESSIONAL RESPONSIBILITY.

       Not later than September 30, 2021, the Commissioner of U.S. 
     Customs and Border Protection shall hire, train, and assign 
     sufficient special agents at the Office of Professional 
     Responsibility to maintain an active duty presence of not 
     fewer than 550 full-time equivalent special agents.

                     Subtitle C--Additional Matters

     SEC. 121. 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 at least--
       (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 
     are highly qualified and trained to conduct fair, impartial 
     hearings consistent with due process and that all newly hired 
     immigration judges 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.
       (f) Immigration Judge Definition.--Section 101(b)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(4)) is 
     amended to read as follows:
       ``(4) The term `immigration judge' means an attorney whom 
     the Attorney General appoints as an administrative judge 
     within the Executive Office for Immigration Review, qualified 
     to conduct specified classes of proceedings, including a 
     hearing under section 240. The position shall be deemed to be 
     judicial in nature and not an attorney position. An 
     Immigration Judge shall not be subject to any code of 
     attorney behavior conduct or actions taken while performing 
     duties as an Immigration Judge. Actions taken by an 
     Immigration Judge shall be reviewed only under rules and 
     standards pertaining to judicial conduct. An Immigration 
     Judge shall not be disciplined for actions or decisions made 
     in good faith while in the course of performing the duties of 
     an Immigration Judge.''.

     SEC. 122. 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, 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. 123. 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.

     SEC. 124. PERMANENT REAUTHORIZATION OF E-VERIFY.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of

[[Page S1080]]

     1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) 
     is amended by striking ``Unless the Congress otherwise 
     provides, the Secretary of Homeland Security shall terminate 
     a pilot program on September 30, 2015.''.

          TITLE II--EARNED CITIZENSHIP FOR CHILDHOOD ARRIVALS

     SEC. 201. 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 the term in the 
     immigration laws.
       (2) Applicable federal tax liability.--The term 
     ``applicable Federal tax liability'' means liability for 
     Federal taxes imposed under the Internal Revenue Code of 
     1986, including any penalties and interest on taxes imposed 
     under the Internal Revenue Code of 1986.
       (3) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by President Obama on June 15, 
     2012.
       (4) Disability.--The term ``disability'' has the meaning 
     given the term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (5) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (6) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given the terms in section 8101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801).
       (7) 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.
       (8) Immigration laws.--The term ``immigration laws'' has 
     the meaning given the term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (9) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given the 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.
       (10) Misdemeanor.--
       (A) In general.--The term ``misdemeanor'' means a Federal, 
     State, or local criminal offense (excluding a State or local 
     offense for which an essential element is the alien's 
     immigration status, a significant misdemeanor, and a minor 
     traffic offense) for which--
       (i) the maximum term of imprisonment is greater than 5 days 
     and not greater than 1 year; and
       (ii) the individual was sentenced to time in custody of 90 
     days or less.
       (11) 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.
       (12) Poverty line.--The term ``poverty line'' has the 
     meaning given the term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (13) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (14) 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) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1227(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.
       (15) 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. 202. 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, an alien who obtains the status of an 
     alien lawfully admitted for permanent residence under this 
     section shall be considered to have obtained that status on a 
     conditional basis as of the date on which the alien obtained 
     the status, subject to 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, 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 June 15, 2012;
       (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) has not been convicted of--

       (I) a felony;
       (II) a significant misdemeanor; or
       (III) 3 or more misdemeanors--

       (aa) not occurring on the same date; and
       (bb) not arising out of the same act, omission, or scheme 
     of misconduct;
       (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;
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

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

       (iv)(I) has served, is serving, or has enlisted in the 
     Armed Forces; and
       (II) in the case of an alien who has been discharged from 
     the Armed Forces, has received an honorable discharge; and
       (E)(i) the alien has paid any applicable Federal tax 
     liability incurred by the alien during the entire period for 
     which the alien was a DACA recipient; or
       (ii) the alien has entered into an agreement to pay any 
     applicable Federal tax liability incurred by the alien during 
     the entire period for which the alien was a DACA recipient 
     through a payment installment plan approved by the 
     Commissioner of Internal Revenue.
       (2) Waiver.--
       (A) In general.--With respect to any benefit under this 
     subtitle, the Secretary may, on a case-by-case basis, waive 
     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))--
       (i) for humanitarian purposes; or
       (ii) if the waiver is otherwise in the public interest.
       (B) Quarterly reports.--Not later than 180 days after the 
     date of enactment of this Act, and quarterly thereafter, the 
     Secretary shall submit to Congress a report that includes, 
     for the preceding quarter--
       (i) the number of requests submitted by aliens for a waiver 
     under subparagraph (A);
       (ii) the number of waivers granted under that subparagraph; 
     and
       (iii) the number of requests for a waiver under that 
     subparagraph denied by the Secretary.
       (3) Treatment of expunged convictions.--
       (A) In general.--An expunged conviction shall not 
     automatically be treated as a conviction referred to in 
     paragraph (1)(C)(iii).
       (B) Case-by-case evaluation.--The Secretary shall evaluate 
     an expunged conviction on a case-by-case basis according to 
     the nature and severity of the offense underlying the 
     expunged conviction, based on the record of conviction, to 
     determine whether, under the particular circumstances, the 
     alien is eligible for cancellation of removal, adjustment to 
     permanent resident status on a conditional basis, or other 
     adjustment of status.
       (4) DACA recipients.--With respect to an alien granted 
     DACA, the Secretary shall cancel the removal of the alien and 
     adjust the status of the alien to the status of an alien 
     lawfully admitted for permanent residence on a conditional 
     basis unless, since the date on which the alien was granted 
     DACA, the alien has engaged in conduct that would render an 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     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) only if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 1-year 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 1-year period 
     immediately preceding the date on which the alien files an 
     application under

[[Page S1081]]

     this section, that is less than 150 percent of the poverty 
     line; or
       (iv)(I) during the 1-year 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 1-year 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.--
       (A) In general.--The Secretary may not grant an alien 
     permanent resident status on a conditional basis unless the 
     alien submits biometric and biographic data, in accordance 
     with procedures established by the Secretary.
       (B) Alternative procedure.--The Secretary shall provide an 
     alternative procedure for any alien who is unable to provide 
     the biometric or biographic data referred to in subparagraph 
     (A) due to a physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     use biometric, biographic, and other data that the Secretary 
     determines to be appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for permanent resident status on a 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 grants 
     the alien permanent resident status on a conditional basis.
       (C) Criminal records requests.--With respect to an alien 
     seeking permanent resident status on a conditional basis, the 
     Secretary, in cooperation with the Secretary of State, shall 
     seek to obtain from INTERPOL, EUROPOL, or any other 
     international or national law enforcement agency of the 
     country of nationality, country of citizenship, or country of 
     last habitual residence of the alien, information about any 
     criminal activity--
       (i) in which the alien engaged in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien; or
       (ii) for which the alien was convicted in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis 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 under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis 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 that 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 shall not terminate on the date on which 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 greater than 90 days or for any 
     periods, in the aggregate, greater than 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 control of the alien, 
     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.--With respect to an alien 
     who is in removal proceedings, the subject of a final removal 
     order, or the subject of a voluntary departure order, the 
     Attorney General shall provide the alien with a reasonable 
     opportunity to apply for relief under this section.
       (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 the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of that subsection;
       (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 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.

     SEC. 203. 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 that 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 paragraph (1)(C) of section 203(b), 
     subject to paragraphs (2) and (3) of that section; and
       (2) prior to the termination, provides the alien--
       (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), the 
     immigration status of 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 permanent resident status on a conditional basis is 
     denied shall return to the immigration status of the alien on 
     the day before the date on which the alien received permanent 
     resident status on a conditional basis or applied 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 permanent resident 
     status on a conditional basis 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 permanent resident status on a conditional 
     basis, as appropriate, may not return to 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 temporary protected 
     status.
       (e) Ineligibility for Public Benefits.--An alien who has 
     been granted permanent resident status on a conditional basis 
     shall not be eligible for any Federal means-tested public 
     benefit (within the meaning of section 403 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613)) until the date on which the conditional 
     permanent resident status of the alien is removed.

     SEC. 204. 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 the permanent resident 
     status of an alien granted under this subtitle and grant the 
     alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (A) is described in paragraph (1)(C) of section 203(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the residence of the alien in the 
     United States;
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed

[[Page S1082]]

     at least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States;
       (ii)(I) has served in the Uniformed Services for at least 2 
     years; or
       (II) in the case of an alien who has been discharged from 
     the Uniformed Services, has received an honorable discharge; 
     or
       (iii) has been employed for periods totaling at least 3 
     years and at least 75 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 203(b)(1)(D)(iii), shall not count 
     toward the time requirements under this clause; and
       (D)(i) has paid any applicable Federal tax liability 
     incurred by the alien during the entire period for which the 
     alien was in permanent resident status on a conditional 
     basis; or
       (ii) has entered into an agreement to pay the applicable 
     Federal tax liability incurred by the alien during the entire 
     period for which the alien was in permanent resident status 
     on a conditional basis through a payment installment plan 
     approved by the Commissioner of Internal Revenue.
       (2) Hardship exception.--
       (A) In general.--The Secretary shall remove the conditional 
     basis of the permanent resident status of an alien and grant 
     the alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (i) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to satisfy the requirements under subparagraph (C) 
     of such paragraph; and
       (iii) 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 the permanent resident status 
     granted to an alien 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 section 
     312(a) of the Immigration and Nationality Act (8 U.S.C. 
     1423(a)) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require an alien 
     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) only if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 1-year 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 1-year 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 1-year 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 1-year 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.--
       (A) In general.--The Secretary may not remove the 
     conditional basis of the permanent resident status of an 
     alien unless the alien submits biometric and biographic data, 
     in accordance with procedures established by the Secretary.
       (B) Alternative procedure.--The Secretary shall provide an 
     alternative procedure for any applicant who is unable to 
     provide the biometric or biographic data referred to in 
     subparagraph (A) due to physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     use biometric, biographic, and other data that the Secretary 
     determines to be appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the permanent resident status of the alien; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of the conditional basis if the 
     permanent resident status of the alien.
       (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 permanent resident status of the 
     alien.
       (b) 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 to be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitations on application for naturalization.--
       (A) In general.--An alien may not be naturalized--
       (i) on any date on which the alien is in permanent resident 
     status on a conditional basis; or
       (ii) before the date that is 12 years after the date on 
     which the alien was granted permanent resident status on a 
     conditional basis.
       (B) Reduction in period.--
       (i) In general.--Subject to clause (ii), the 12-year period 
     referred to in subparagraph (A)(ii) shall be reduced by the 
     number of days that the alien was a DACA recipient.
       (ii) Limitation.--Notwithstanding clause (i), the 12-year 
     period may not be reduced by more than 2 years.
       (C) Advanced filing date.--With respect to an alien granted 
     permanent resident status on a conditional basis, the alien 
     may file an application for naturalization not more than 90 
     days before the date on which the applicant meets the 
     requirements for naturalization under subparagraph (A).

     SEC. 205. 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 203(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 205(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 of the alien who was 
     born in the United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (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 203(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;

[[Page S1083]]

       (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 of the alien 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 
     203(b)(1)(D)(iii), 203(d)(3)(A)(iii), or 205(a)(1)(C)(i), 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 203(b)(5)(B) or 205(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 described in section 
     205(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 2 years 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 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 205(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. 206. RULEMAKING.

       (a) Initial Publication.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register regulations implementing this subtitle.
       (2) Affirmative application.--The regulations published 
     under paragraph (1) shall allow any eligible individual to 
     immediately apply affirmatively for the relief available 
     under section 203 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)(1) shall be effective, on an 
     interim basis, immediately on publication in the Federal 
     Register, but may be subject to change and revision after 
     public notice and opportunity for a period of public comment.
       (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. 207. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use for 
     the purpose of immigration enforcement any information 
     provided in--
       (1) an application filed under this subtitle; or
       (2) a request for DACA.
       (b) Referrals Prohibited.--The Secretary may not refer to 
     U.S. Immigration and Customs Enforcement, U.S. Customs and 
     Border Protection, or any designee of U.S. Immigration and 
     Customs Enforcement or U.S. Customs and Border Protection any 
     individual who--
       (1) has been granted permanent resident status on a 
     conditional basis; or
       (2) was granted DACA.
       (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

[[Page S1084]]

     DACA may be shared with a Federal security or law enforcement 
     agency--
       (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.
                                 ______
                                 
  SA 1968. Mr. CARDIN (for himself, Mr. Van Hollen, Ms. Cortez Masto, 
Mr. Reed, Mr. Kaine, Mr. Markey, Ms. Smith, and Ms. Klobuchar) 
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. __. PERMANENT RESIDENT STATUS FOR CERTAIN ALIENS FROM 
                   COUNTRIES FACING REPRESSION AND EMERGENCIES.

       (a) Adjustment of Status of Certain Foreign Nationals.--
       (1) Adjustment of status.--
       (A) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)), the 
     status of any alien described in paragraph (2) shall be 
     adjusted by the Secretary of Homeland Security to that of an 
     alien lawfully admitted for permanent residence if the 
     alien--
       (i) is not inadmissible under paragraph (2) or (3) of 
     section 212(a) of such Act (8 U.S.C. 1182(a));
       (ii) is not deportable under paragraph (2), (3), or (4) of 
     section 237(a) of such Act (8 U.S.C. 1227(a)); and
       (iii) is not described in section 208(b)(2)(A)(i) of such 
     Act (8 U.S.C. 1158(b)(2)(A)(i)).
       (B) Relationship of application to certain orders.--
       (i) In general.--An alien who is present in the United 
     States and has been ordered removed, or permitted voluntarily 
     to depart, from the United States under any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, 
     notwithstanding such order, apply for adjustment of status 
     under subparagraph (A).
       (ii) Motion not required.--An alien described in clause (i) 
     may not be required, as a condition of submitting or 
     approving an application under such subparagraph, to file a 
     motion to reopen, reconsider, or vacate an order described in 
     such subparagraph.
       (iii) Approval.--If the Secretary of Homeland Security 
     approves an application submitted by an alien under clause 
     (i), the Secretary shall cancel the order related to the 
     alien that is referred to in such subparagraph.
       (iv) Denial.--If the Secretary of Homeland Security renders 
     a final administrative decision to deny an application 
     submitted by an alien under clause (i), the order related to 
     such alien shall be effective and enforceable to the same 
     extent as if such application had not been made.
       (2) Aliens eligible for adjustment of status.--
       (A) In general.--An alien is described in this paragraph if 
     the alien--
       (i) is a national of a foreign state that was at any time 
     designated under section 244(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1254a(b));
       (ii)(I) is in temporary protected status under section 244 
     of the Immigration and Nationality Act 8 (8 U.S.C. 1254a);
       (II) held temporary protected status as a national of a 
     designated country listed in clause (i); or
       (III) qualified for temporary protected status at the time 
     the last designation was made by the Secretary of Homeland 
     Security;
       (iii) has been continuously present in the United States 
     for at least 3 years and is physically present in the United 
     States on the date on which the alien files an application 
     for adjustment of status under this section; and
       (iv) passes all applicable criminal and national security 
     background checks.
       (B) Short absences.--An alien shall not be considered to 
     have failed to maintain continuous physical presence in the 
     United States under subparagraph (A)(iii) by reason of an 
     absence, or multiple absences, from the United States for any 
     period or periods that do not exceed, in the aggregate, 180 
     days.
       (C) Waiver authorized.--Notwithstanding any provision of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     an alien who fails to meet the continuous physical presence 
     requirement under subparagraph (A)(iii) shall be considered 
     eligible to receive an adjustment of status under this 
     section if the Attorney General or the Secretary of Homeland 
     Security determines that the removal of the alien from the 
     United States would result in extreme hardship to the alien 
     or the alien's spouse, children, parents, or domestic 
     partner.
       (3) Stay of removal.--
       (A) In general.--Except as provided in subparagraph (B), an 
     alien who is subject to a final order of removal may not be 
     removed if the alien--
       (i) has a pending application under paragraph (1); or
       (ii)(I) is prima facie eligible to file an application 
     under paragraph (1); and
       (II) indicates that he or she intends to file such an 
     application.
       (B) Exception.--Subparagraph (A) shall not apply to any 
     alien whose application under paragraph (1) has been denied 
     by the Secretary of Homeland Security in a final 
     administrative determination.
       (C) During certain proceedings.--
       (i) In general.--Except as provided in clause (ii) and 
     notwithstanding any provision of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of 
     Homeland Security may not order any alien to be removed from 
     the United States if the alien raises, as a defense to such 
     an order, the eligibility of the alien to apply for 
     adjustment of status under paragraph (1).
       (ii) Exception.--Clause (i) shall not apply to any alien 
     whose application under paragraph (1) has been denied by the 
     Secretary of Homeland Security in a final administrative 
     determination.
       (D) Work authorization.--The Secretary of Homeland 
     Security--
       (i) shall authorize any alien who has applied for 
     adjustment of status under paragraph (1) to engage in 
     employment in the United States while such application is 
     pending; and
       (ii) may provide such alien with an ``employment 
     authorized'' endorsement or other appropriate document 
     signifying such employment authorization.
       (4) Adjustment of status for spouses and children.--
       (A) In general.--Notwithstanding section 245(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(c)) and except 
     as provided in subparagraphs (B) and (C), the Secretary of 
     Homeland Security shall adjust the status of an alien to that 
     of an alien lawfully admitted for permanent residence if the 
     alien--
       (i) is the spouse, domestic partner, child, or unmarried 
     son or daughter of an alien whose status has been adjusted to 
     that of an alien lawfully admitted for permanent residence 
     under paragraph (1);
       (ii) is physically present in the United States on the date 
     on which the alien files an application for such adjustment 
     of status; and
       (iii) is otherwise eligible to receive an immigrant visa 
     and is otherwise admissible to the United States for 
     permanent residence.
       (B) Continuous presence requirement.--
       (i) In general.--The status of an unmarried son or daughter 
     referred to in subparagraph (A)(i) may not be adjusted under 
     subparagraph (A) until such son or daughter establishes that 
     he or she has been physically present in the United States 
     for at least 1 year.
       (ii) Short absences.--An alien shall not be considered to 
     have failed to maintain continuous physical presence in the 
     United States under clause (i) by reason of an absence, or 
     multiple absences, from the United States for any period or 
     periods that do not exceed, in the aggregate, 180 days.
       (C) Waiver.--In determining eligibility and admissibility 
     under subparagraph (A)(iii), the grounds for inadmissibility 
     under paragraphs (4), (5), (6), (7)(A), and (9) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) shall not apply.
       (5) Availability of administrative review.--The Secretary 
     of Homeland Security shall provide applicants for adjustment 
     of status under paragraph (1) the same right to, and 
     procedures for, administrative review as are provided to--
       (A) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act 19 (8 U.S.C. 1255); or
       (B) aliens who are subject to removal proceedings under 
     section 240 of such Act (8 U.S.C. 1229a).
       (6) Exceptions to numerical limitations.--The numerical 
     limitations set forth in sections 201 and 202 of the 
     Immigration and Nationality Act (8 U.S.C. 1151 and 1152) 
     shall not apply to aliens whose status is adjusted pursuant 
     to paragraph (1).
       (b) Additional Reporting Requirements Regarding Future 
     Discontinued Eligibility of Aliens From Countries Currently 
     Listed Under Temporary Protected Status.--Section 244(b)(3) 
     of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) 
     is amended--
       (1) in subparagraph (A)--
       (A) by striking ``the Attorney General'' and inserting ``, 
     the Secretary of Homeland Security'';
       (B) by inserting ``(including a recommendation from the 
     Secretary of State that is received by the Secretary of 
     Homeland Security not later than 90 days before the end of 
     such period of designation)'' after ``Government''; and
       (C) by striking ``The Attorney General'' and inserting 
     ``The Secretary''; and
       (2) in subparagraph (B)--
       (A) by striking ``If the Attorney General'' and inserting 
     the following:
       ``(i) In general.--If the Secretary of Homeland Security'';
       (B) in clause (i), as redesignated, by striking ``Attorney 
     General'' and inserting ``Secretary''; and
       (C) by adding at the end the following:
       ``(ii) Report.--Not later than 3 days after the publication 
     of the Secretary's determination in the Federal Register that 
     a country's designation under paragraph (1) is being 
     terminated, the Secretary shall submit a report to the 
     Committee on the Judiciary

[[Page S1085]]

     of the Senate and the Committee on the Judiciary of the House 
     of Representatives that shall include--

       ``(I) an explanation of the event or events that initially 
     prompted such country's designation under paragraph (1);
       ``(II) the progress the country has made in remedying the 
     designation under paragraph (1), including any significant 
     challenges or shortcomings that have not been addressed since 
     the initial designation;
       ``(III) a statement indicating whether the country has 
     requested a designation under paragraph (1), a redesignation 
     under such paragraph, or an extension of such designation; 
     and
       ``(IV) an analysis, with applicable and relevant metrics, 
     as determined by the Secretary, of the country's ability to 
     repatriate its nationals, including--

       ``(aa) the country's financial ability to provide for its 
     repatriated citizens;
       ``(bb) the country's financial ability to address the 
     initial designation under paragraph (1) without foreign 
     assistance;
       ``(cc) the country's gross domestic product and per capita 
     gross domestic product per capita;
       ``(dd) an analysis of the country's political stability and 
     its ability to be economically self-sufficient without 
     foreign assistance;
       ``(ee) the economic and social impact repatriation of 
     nationals in possession of temporary protected status would 
     have on the recipient country; and
       ``(ff) any additional metrics the Secretary considers 
     necessary.''.
       (c) Other Matters.--
       (1) Application of immigration and nationality act 
     provisions.--Except as otherwise specifically provided in 
     this section, the definitions in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this 
     section.
       (2) Savings provision.--Nothing in this section may be 
     construed to repeal, amend, alter, modify, effect, or 
     restrict the powers, duties, functions, or authority of the 
     Secretary of Homeland Security in the administration and 
     enforcement of the immigration laws.
       (3) Eligibility for other immigration benefits.--An alien 
     who is eligible to be granted the status of an alien lawfully 
     admitted for permanent residence under subsection (a) may not 
     be precluded from seeking such status under any other 
     provision of law for which the alien may otherwise be 
     eligible.
                                 ______
                                 
  SA 1969. 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. __. STUDY ON ENFORCEMENT OF PROVISION MAKING SPOUSES AND 
                   CHILDREN OF TERRORISTS INADMISSIBLE OR 
                   DEPORTABLE.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study assessing the effectiveness of 
     the enforcement of section 212(a)(3)(B)(i)(IX) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)(i)(IX)) (relating to the inadmissibility and 
     deportability of spouses and children of terrorists).
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit to Congress a report on the study required by 
     subsection (a).
                                 ______
                                 
  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

[[Page S1086]]

     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

[[Page S1087]]

       (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.
                                 ______
                                 
  SA 1971. 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:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION ON PARENTS OF CERTAIN LONG-TERM 
                   RESIDENTS WHO ENTERED THE UNITED STATES AS 
                   CHILDREN.

       An alien shall not be eligible to adjust status to that of 
     an alien lawfully admitted for permanent residence based on a 
     petition filed by a child or a son or daughter of the alien 
     if--
       (1) the child or son or daughter was granted permanent 
     resident status on a conditional basis under this Act; and
       (2) the alien knowingly assisted the child or son or 
     daughter to enter the United States unlawfully.
                                 ______
                                 
  SA 1972. 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:

       At the appropriate place, insert the following:

     SEC. __. ILLEGAL REENTRY.

       (a) Short Title.--This section may be cited as ``Kate's 
     Law''.
       (b) Reentry of Removed Alien.--Section 276 of the 
     Immigration and Nationality Act (8 U.S.C. 1326) is amended to 
     read as follows:

     ``SEC. 276. REENTRY OF REMOVED ALIEN.

       ``(a) Reentry After Removal.--Any alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     imprisoned not more than 2 years, or both.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection was convicted before such removal or 
     departure--
       ``(1) for 3 or more misdemeanors or for a felony, the alien 
     shall be fined under title 18, United States Code, imprisoned 
     not more than 10 years, or both;
       ``(2) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 30 months, the alien 
     shall be fined under such title, imprisoned not more than 15 
     years, or both;
       ``(3) for a felony for which the alien was sentenced to a 
     term of imprisonment of not less than 60 months, the alien 
     shall be fined under such title, imprisoned not more than 20 
     years, or both; or
       ``(4) for murder, rape, kidnapping, or a felony offense 
     described in chapter 77 (relating to peonage and slavery) or 
     113B (relating to terrorism) of such title, or for 3 or more 
     felonies of any kind, the alien shall be fined under such 
     title, imprisoned not more than 25 years, or both.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, imprisoned not more than 10 years, or 
     both.
       ``(d) Proof of Prior Convictions.--The prior convictions 
     described in subsection (b) are elements of the crimes 
     described, and the penalties in that subsection shall apply 
     only in cases in which the conviction or convictions that 
     form the basis for the additional penalty are--
       ``(1) alleged in the indictment or information; and
       ``(2) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(e) Affirmative Defenses.--It shall be an affirmative 
     defense to a violation of this section that--
       ``(1) prior to the alleged violation, the alien had sought 
     and received the express consent of the Secretary of Homeland 
     Security to reapply for admission into the United States; or
       ``(2) with respect to an alien previously denied admission 
     and removed, the alien--
       ``(A) was not required to obtain such advance consent under 
     the Immigration and Nationality Act or any prior Act; and
       ``(B) had complied with all other laws and regulations 
     governing the alien's admission into the United States.
       ``(f) Limitation on Collateral Attack on Underlying Removal 
     Order.--In a criminal proceeding under this section, an alien 
     may not challenge the validity of any prior removal order 
     concerning the alien.
       ``(g) Reentry of Alien Removed Prior to Completion of Term 
     of Imprisonment.--Any alien removed pursuant to section 
     241(a)(4) who enters, attempts to enter, crosses the border 
     to, attempts to cross the border to, or is at any time found 
     in, the United States shall be incarcerated for the remainder 
     of the sentence of imprisonment which was pending at the time 
     of deportation without any reduction for parole or supervised 
     release unless the alien affirmatively demonstrates that the 
     Secretary of Homeland Security has expressly consented to the 
     alien's reentry. Such alien shall be subject to such other 
     penalties relating to the reentry of removed aliens as may be 
     available under this section or any other provision of law.
       ``(h) Definitions.--For purposes of this section and 
     section 275, the following definitions shall apply:
       ``(1) Crosses the border to the united states.--The term 
     `crosses the border' refers to the physical act of crossing 
     the border, regardless of whether the alien is free from 
     official restraint.
       ``(2) Felony.--The term `felony' means any criminal offense 
     punishable by a term of imprisonment of more than 1 year 
     under the laws of the United States, any State, or a foreign 
     government.
       ``(3) Misdemeanor.--The term `misdemeanor' means any 
     criminal offense punishable by a term of imprisonment of not 
     more than 1 year under the applicable laws of the United 
     States, any State, or a foreign government.
       ``(4) Removal.--The term `removal' includes any denial of 
     admission, exclusion, deportation, or removal, or any 
     agreement by which an alien stipulates or agrees to 
     exclusion, deportation, or removal.

[[Page S1088]]

       ``(5) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.
                                 ______
                                 
  SA 1973. Mr. GRAHAM (for himself and Mr. Rounds) 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. ___. H-2B NONIMMIGRANT RETURNING WORKERS.

       Section 214(g)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)(9)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``(B) and (C)'' and inserting ``(B), (C), 
     and (D),'';
       (B) by striking ``fiscal year 2013, 2014, or 2015'' and 
     inserting ``any of the three previous fiscal years''; and
       (C) by striking ``fiscal year 2016'' and inserting ``the 
     current fiscal year''; and
       (2) by inserting at the end the following new subparagraph:
       ``(D) The number of aliens considered to be returning 
     workers under subparagraph (A) in any fiscal year may not 
     exceed the highest number of nonimmigrants who participated 
     in the returning worker program in any fiscal year in which 
     returning workers were exempt from the numerical limitation 
     under paragraph (1)(B).''.
                                 ______
                                 
  SA 1974. Ms. SMITH submitted an amendment intended to be proposed by 
her 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 __. HELPING SEPARATED CHILDREN.

       (a) Short Titles.--This section may be cited as the 
     ``Humane Enforcement and Legal Protections for Separated 
     Children Act'' or the ``HELP Separated Children Act''.
       (b) Definitions.--In this section:
       (1) Apprehension.--The term ``apprehension'' means the 
     detention or arrest by officials of the Department or 
     cooperating entities.
       (2) Child.--The term ``child'' means an individual who is 
     younger than 18 years of age.
       (3) Child welfare agency.--The term ``child welfare 
     agency'' means a State or local agency responsible for child 
     welfare services under subtitles B and E of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.).
       (4) Cooperating entity.--The term ``cooperating entity'' 
     means a State or local entity acting under agreement with the 
     Secretary.
       (5) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (6) Detention facility.--The term ``detention facility'' 
     means a Federal, State, or local government facility, or a 
     privately owned and operated facility, that is used, in whole 
     or in part, to hold individuals under the authority of the 
     Director of U.S. Immigration and Customs Enforcement, 
     including facilities that hold such individuals under a 
     contract or agreement with the Director.
       (7) Immigration enforcement action.--The term ``immigration 
     enforcement action'' means the apprehension of one or more 
     individuals whom the Department has reason to believe are 
     removable from the United States by the Secretary or a 
     cooperating entity.
       (8) Parent.--The term ``parent'' means a biological or 
     adoptive parent of a child, whose parental rights have not 
     been relinquished or terminated under State law or the law of 
     a foreign country, or a legal guardian under State law or the 
     law of a foreign country.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (c) Apprehension Procedures for Immigration Enforcement-
     related Activities.--
       (1) Apprehension procedures.--In any immigration 
     enforcement action, the Secretary and cooperating entities 
     shall--
       (A) as soon as possible, but generally not later than 2 
     hours after an immigration enforcement action, inquire 
     whether an individual is a parent or primary caregiver of a 
     child in the United States and provide any such individuals 
     with--
       (i) the opportunity to make a minimum of 2 telephone calls 
     to arrange for the care of such child in the individual's 
     absence; and
       (ii) contact information for--

       (I) child welfare agencies and family courts in the same 
     jurisdiction as the child; and
       (II) consulates, attorneys, and legal service providers 
     capable of providing free legal advice or representation 
     regarding child welfare, child custody determinations, and 
     immigration matters;

       (B) notify the child welfare agency with jurisdiction over 
     the child if the child's parent or primary caregiver is 
     unable to make care arrangements for the child or if the 
     child is in imminent risk of serious harm;
       (C) ensure that personnel of the Department and cooperating 
     entities do not, absent medical necessity or extraordinary 
     circumstances, compel or request children to interpret or 
     translate for interviews of their parents or of other 
     individuals who are encountered as part of an immigration 
     enforcement action; and
       (D) ensure that any parent or primary caregiver of a child 
     in the United States--
       (i) absent medical necessity or extraordinary 
     circumstances, is not transferred from his or her area of 
     apprehension until the individual--

       (I) has made arrangements for the care of such child; or
       (II) if such arrangements are unavailable or the individual 
     is unable to make such arrangements, is informed of the care 
     arrangements made for the child and of a means to maintain 
     communication with the child;

       (ii) absent medical necessity or extraordinary 
     circumstances, and to the extent practicable, is placed in a 
     detention facility that is--

       (I) proximate to the location of apprehension; and
       (II) proximate to the child's habitual place of residence; 
     and

       (iii) receives due consideration of the best interests of 
     such child in any decision or action relating to his or her 
     detention, release, or transfer between detention facilities.
       (2) Requests to state and local entities.--If the Secretary 
     requests a State or local entity to hold in custody an 
     individual whom the Department has reason to believe is 
     removable pending transfer of that individual to the custody 
     of the Secretary or to a detention facility, the Secretary 
     shall also request that the State or local entity provide the 
     individual the protections specified in subparagraphs (A) and 
     (B) of paragraph (1) if that individual is found to be the 
     parent or primary caregiver of a child in the United States.
       (3) Protections against trafficking preserved.--Nothing in 
     this subsection may be construed to impede, delay, or limit 
     the obligations of the Secretary, the Attorney General, or 
     the Secretary of Health and Human Services under section 235 
     of the William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (8 U.S.C. 1232), section 462 of 
     the Homeland Security Act of 2002 (6 U.S.C. 279), or the 
     Stipulated Settlement Agreement filed in the United States 
     District Court for the Central District of California on 
     January 17, 1997 (CV 85-4544-RJK) (commonly known as the 
     ``Flores Settlement Agreement'').
       (d) Access to Children, State and Local Courts, Child 
     Welfare Agencies, and Consular Officials.--At all detention 
     facilities, the Secretary shall--
       (1) prominently post in a manner accessible to detainees 
     and visitors and include in detainee handbooks information on 
     the protections of this subtitle as well as information on 
     potential eligibility for parole or release;
       (2) absent extraordinary circumstances, ensure that 
     individuals who are detained by the Department and are 
     parents of children in the United States are--
       (A) permitted regular phone calls and contact visits with 
     their children;
       (B) provided with contact information for child welfare 
     agencies and family courts in the relevant jurisdictions;
       (C) able to participate fully and, to the extent possible, 
     in person in all family court proceedings and any other 
     proceedings that may impact their right to custody of their 
     children;
       (D) granted free and confidential telephone calls to 
     relevant child welfare agencies and family courts as often as 
     is necessary to ensure that the best interest of their 
     children, including a preference for family unity whenever 
     appropriate, can be considered in child welfare agency or 
     family court proceedings;
       (E) able to fully comply with all family court or child 
     welfare agency orders impacting custody of their children;
       (F) provided access to United States passport applications 
     or other relevant travel document applications for the 
     purpose of obtaining travel documents for their children;
       (G) afforded timely access to a notary public for the 
     purpose of applying for a passport for their children or 
     executing guardianship or other agreements to ensure the 
     safety of their children; and
       (H) granted adequate time before removal to obtain 
     passports, apostilled birth certificates, travel documents, 
     and other necessary records on behalf of their children if 
     such children will accompany them on their return to their 
     country of origin or join them in their country of origin; 
     and
       (3) if doing so would not impact public safety or national 
     security, facilitate the ability of detained alien parents 
     and primary caregivers to share information regarding travel 
     arrangements with their consulate, children, child welfare 
     agencies, or other caregivers in advance of the detained 
     alien individual's departure from the United States.
       (e) Mandatory Training.--The Secretary, in consultation 
     with the Secretary of Health and Human Services and 
     independent child welfare and family law experts, shall 
     develop and provide training on the protections required 
     under subsections (c) and (d) to all personnel of the 
     Department, cooperating entities, and detention facilities 
     operated by or under agreement with the Department who 
     regularly engage in immigration enforcement actions, 
     including detention, and

[[Page S1089]]

     in the course of such actions come into contact with 
     individuals who are parents or primary caregivers of children 
     in the United States.
       (f) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to implement subsections (c) and (d).
       (g) Severability.--If any provision of this section, any 
     amendment made by this section, or the application of any 
     such provision or amendment to any person or circumstance is 
     held to be unconstitutional, the remaining provisions of this 
     section, the remaining amendments made by this section, and 
     the application of such provisions and amendments to any 
     person or circumstance shall not be affected by such holding.
                                 ______
                                 
  SA 1975. Mrs. McCASKILL (for herself, Mr. Tester, and Ms. Heitkamp) 
submitted an amendment intended to be proposed by her 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. __. BORDER AND PORT SECURITY.

       (a) Short Title.--This section may be cited as the ``Border 
     and Port Security Act''.
       (b) Additional U.S. Customs and Border Protection 
     Personnel.--
       (1) Officers.--The Commissioner of U.S. Customs and Border 
     Protection shall hire, train, and assign not fewer than 500 
     new Office of Field Operations officers above the current 
     authorized level every fiscal year until the total number of 
     Office of Field Operations officers equals the requirements 
     identified each year in the Workload Staffing Model.
       (2) Support staff.--The Commissioner is authorized to hire, 
     train, and assign support staff, including technicians, to 
     perform non-law enforcement administrative functions to 
     support the new Office of Field Operations officers hired 
     pursuant to paragraph (1).
       (3) Traffic forecasts.--In calculating the number of Office 
     of Field Operations officers needed at each port of entry 
     through the Workload Staffing Model, the Office of Field 
     Operations shall--
       (A) rely on data collected regarding the inspections and 
     other activities conducted at each such port of entry; and
       (B) consider volume from seasonal surges, other projected 
     changes in commercial and passenger volumes, the most current 
     commercial forecasts, and other relevant information.
       (4) Report on workload staffing model updates.--As part of 
     the Annual Report on Staffing required under section 
     411(g)(5)(A) of the Homeland Security Act of 2002 (6 U.S.C. 
     211(g)(5)(A)), the Commissioner shall include information 
     concerning the progress made toward meeting Office of Field 
     Operations officer and support staff hiring targets, while 
     accounting for attrition.
       (5) GAO report.--If the Commissioner does not hire the 500 
     additional Office of Field Operations officers authorized 
     under paragraph (1) in fiscal year 2020, or in any subsequent 
     fiscal year in which the hiring requirements set forth in the 
     Workload Staffing Model have not been achieved, the 
     Comptroller General of the United States shall--
       (A) conduct a review of U.S. Customs and Border Protection 
     hiring practices to determine the reasons that such 
     requirements were not achieved and other issues related to 
     hiring by U.S. Customs and Border Protection; and
       (B) 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 
     describes the results of the review conducted under 
     subparagraph (A).
       (c) Ports of Entry Infrastructure Enhancement Report.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Commissioner of U.S. Customs and Border Protection 
     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 
     identifies--
       (1) infrastructure improvements at ports of entry that 
     would enhance the ability of Office of Field Operations 
     officers to interdict opioids and other drugs that are being 
     illegally transported into the United States, including a 
     description of circumstances at specific ports of entry that 
     prevent the implementation of technology used at other ports 
     of entry;
       (2) detection equipment that would improve the ability of 
     such Office of Field Operations officers to identify opioids, 
     including precursors and derivatives, that are being 
     illegally transported into the United States; and
       (3) safety equipment that would protect such Office of 
     Field Operations officers from accidental exposure to such 
     drugs or other dangers associated with the inspection of 
     potential drug traffickers.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $69,520,000 for 
     each of the fiscal years 2018 through 2024.
                                 ______
                                 
  SA 1976. Ms. DUCKWORTH (for herself and Mr. Wyden) submitted an 
amendment intended to be proposed by her 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 __--Visas for Veterans

     SEC. ___1. SHORT TITLE.

       This subtitle may be cited as the ``Veterans Visa and 
     Protection Act of 2018''.

     SEC. ___2. DEFINITIONS.

       In this subtitle:
       (1) Crime of violence.--The term ``crime of violence'' 
     means an offense defined in section 16 of title 18, United 
     States Code--
       (A) that is not a purely political offense; and
       (B) for which the noncitizen has served a term of 
     imprisonment of at least 5 years.
       (2) Deported veteran.--The term ``deported veteran'' means 
     a veteran who--
       (A) is a noncitizen; and
       (B)(i) was removed from the United States; or
       (ii) is abroad and is inadmissible under section 212(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1182(a)).
       (3) Noncitizen.--The term ``noncitizen'' means an 
     individual who is not a national of the United States, as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Service member.--The term ``service member'' means an 
     individual who is serving as--
       (A) a member of a regular or reserve component of the Armed 
     Forces of the United States on active duty; or
       (B) a member of a reserve component of the Armed Forces in 
     an active status.
       (6) Veteran.--The term ``veteran'' has the meaning given 
     such term under section 101(2) of title 38, United States 
     Code.

     SEC. ___3. RETURN OF NONCITIZEN VETERANS REMOVED FROM THE 
                   UNITED STATES; STATUS FOR NONCITIZEN VETERANS 
                   IN THE UNITED STATES.

       (a) In General.--
       (1) Duties of secretary.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall--
       (A) establish a program and application procedure to 
     permit--
       (i) a deported veteran who meets each requirement under 
     subsection (b) to enter the United States as an alien 
     lawfully admitted for permanent residence; and
       (ii) a noncitizen veteran in the United States who meets 
     each requirement under subsection (b) to adjust status to 
     that of an alien lawfully admitted for permanent residence; 
     and
       (B) cancel the removal of any noncitizen veteran ordered 
     removed who meets each requirement under subsection (b) and 
     allow the noncitizen veteran to adjust status to that of an 
     alien lawfully admitted for permanent residence.
       (2) No numerical limitations.--Nothing in this section or 
     in any other law may be construed to apply a numerical 
     limitation on the number of veterans who may be eligible to 
     receive a benefit under paragraph (1).
       (b) Eligibility.--
       (1) In general.--Notwithstanding any other provision of 
     law, including sections 212 and 237 of the Immigration and 
     Nationality Act (8 U.S.C. 1182 and 1227), a veteran shall be 
     eligible to participate in the program established under 
     subsection (a)(1)(A), or for cancellation of removal under 
     subsection (a)(1)(B), if the Secretary determines that the 
     veteran--
       (A) was not ordered removed, or removed, from the United 
     States due to a criminal conviction for--
       (i) a crime of violence; or
       (ii) a crime that endangers the national security of the 
     United States for which the noncitizen has served a term of 
     imprisonment of at least 5 years; and
       (B) is not inadmissible to, or deportable from, the United 
     States due to a criminal conviction described in subparagraph 
     (A).
       (2) Waiver.--The Secretary may waive the application of 
     paragraph (1)--
       (A) for humanitarian purposes;
       (B) to ensure family unity;
       (C) due to exceptional service in the United States Armed 
     Forces; or
       (D) if such waiver otherwise is in the public interest.

     SEC. ___4. PROTECTING VETERANS AND SERVICE MEMBERS FROM 
                   REMOVAL.

       Notwithstanding any other provision of law, including 
     section 237 of the Immigration and Nationality Act (8 U.S.C. 
     1227), a noncitizen who is a veteran or service member may 
     not be removed from the United States unless the noncitizen 
     has a criminal conviction for a crime of violence.

     SEC. ___5. NATURALIZATION THROUGH SERVICE IN THE ARMED FORCES 
                   OF THE UNITED STATES.

       An alien who has obtained the status of an alien lawfully 
     admitted for permanent residence pursuant to section ___3(a) 
     shall be eligible for naturalization through service in the 
     Armed Forces of the United States under sections 328 and 329 
     of the Immigration and Nationality Act (8 U.S.C. 1439 and 
     1440), except that--
       (1) when determining whether the noncitizen is a person of 
     good moral character, disregard the ground on which the 
     noncitizen was--
       (A) ordered removed, or was removed, from the United 
     States; or

[[Page S1090]]

       (B) rendered inadmissible to, or deportable from, the 
     United States; and
       (2) any period of absence from the United States due to the 
     noncitizen having been removed, or being inadmissible, shall 
     be disregarded when determining if the noncitizen satisfies 
     any requirement relating to continuous residence or physical 
     presence.

     SEC. ___6. ACCESS TO MILITARY BENEFITS.

       An alien who has obtained the status of an alien lawfully 
     admitted for permanent residence pursuant to section ___3(a) 
     shall be eligible for all military and veterans benefits for 
     which the noncitizen would have been eligible if, from the 
     United States, the noncitizen had never--
        (a) been ordered removed;
       (b) been removed; or
       (c) voluntarily departed.

     SEC. ___7. IMPLEMENTATION.

       (a) Identification.--The Secretary shall identify cases 
     involving any service member or veteran at risk of removal 
     from the United States by--
       (1) inquiring of every noncitizen processed prior to 
     initiating a removal proceeding whether the noncitizen is 
     serving, or has served--
       (A) as a member of a regular or reserve component of the 
     Armed Forces of the United States on active duty; or
       (B) as a member of a reserve component of the Armed Forces 
     in an active status;
       (2) requiring U.S. Immigration and Customs Enforcement 
     personnel to seek supervisory approval prior to initiating a 
     removal proceeding against a service member or veteran; and
       (3) keeping records of any service member or veteran who 
     has--
       (A) had removal proceedings initiated against them;
       (B) been detained; or
       (C) been removed.
       (b) Record Annotation.--
       (1) In general.--When the Secretary has identified a case 
     under subsection (a), the Secretary shall annotate all 
     immigration and naturalization records of the Department of 
     Homeland Security relating to the noncitizen involved to--
       (A) reflect that identification; and
       (B) afford an opportunity to track the outcomes for the 
     noncitizen.
       (2) Annotations.--Each annotation under paragraph (1) shall 
     include--
       (A) the branch of military service in which each noncitizen 
     served;
       (B) whether or not the noncitizen is serving, or has 
     served, during a period of military hostilities described in 
     section 329 of the Immigration and Nationality Act (8 U.S.C. 
     1440);
       (C) the immigration status of each noncitizen at the time 
     of enlistment;
       (D) whether the noncitizen is serving honorably or was 
     separated under honorable conditions;
       (E) the basis for which removal was sought; and
       (F) the crime for which conviction was obtained if the 
     basis for removal was a criminal conviction.

     SEC. ___8. REGULATIONS.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary shall promulgate regulations to 
     implement this subtitle.
                                 ______
                                 
  SA 1977. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her 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. ___. IDENTIFYING ALIENS CONNECTED TO THE ARMED FORCES.

       Upon an alien's application for an immigration benefit or 
     the placement of such alien in an immigration enforcement 
     proceeding, the Secretary of Homeland Security shall--
       (1) determine if the alien is serving, or has served, as a 
     member of--
       (A) a regular or reserve component of the Armed Forces of 
     the United States on active duty; or
       (B) a reserve component of the Armed Forces in an active 
     status; and
       (2) annotate every immigration and naturalization record of 
     the Department of Homeland Security relating to an alien 
     described in paragraph (1) to--
       (A) reflect that membership; and
       (B) afford an opportunity to track the outcomes for each 
     alien.
                                 ______
                                 
  SA 1978. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her 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. ___. PAROLE FOR CERTAIN VETERANS.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended--
       (1) in subparagraph (A), by inserting ``or (C)'' after 
     ``(B)'';
       (2) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (3) by adding the following:
       ``(C)(i) The Secretary of Homeland Security may parole any 
     alien qualified under clause (ii) into the United States--
       ``(I) at the discretion of the Secretary;
       ``(II) on a case-by-case basis; and
       ``(III) temporarily under such conditions as the Secretary 
     may prescribe.
       ``(ii) To qualify for parole under clause (i) an alien 
     applying for admission to the United States shall--
       ``(I) be a veteran (as defined in section 101(2) of title 
     38, United States Code);
       ``(II) seek parole to receive health care furnished by the 
     Secretary of Veterans Affairs under chapter 17 of title 38, 
     United States Code; and
       ``(III) be outside of the United States pursuant to having 
     been ordered removed or voluntarily departed from the United 
     States under section 240B.
       ``(iii) Parole of an alien under clause (i) shall not be 
     regarded as an admission of the alien.
       ``(iv) If the Secretary of Homeland Security determines 
     that the purposes of such parole have been served, the alien 
     shall forthwith return or be returned to the custody from 
     which the alien was paroled.
       ``(v) Parole shall not be available under clause (i) for an 
     alien who is inadmissible due to a criminal conviction--
       ``(I)(aa) for a crime of violence (as defined in section 16 
     of title 18, United States Code), excluding a purely 
     political offense; or
       ``(bb) for a crime that endangers the national security of 
     the United States; and
       ``(II) for which the alien has served a term of 
     imprisonment of at least 5 years.''.
                                 ______
                                 
  SA 1979. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her 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. ___. PERMANENT RESIDENT STATUS FOR MIGUEL ANGEL PEREZ-
                   MONTES, JR.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), on filing an application for issuance of an immigrant 
     visa under section 204 of that Act (8 U.S.C. 1154) or for 
     adjustment of status to lawful permanent resident, Miguel 
     Angel Perez-Montes, Jr., shall be eligible for issuance of an 
     immigrant visa or for adjustment of status to that of an 
     alien lawfully admitted for permanent residence.
       (b) Adjustment of Status.--If Miguel Angel Perez-Montes, 
     Jr., enters the United States before the date of the filing 
     deadline described in subsection (c), the alien shall be--
       (1) considered to have entered and remained lawfully in the 
     United States; and
       (2) eligible for adjustment of status under section 245 of 
     the Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of enactment of this Act, if the alien is otherwise 
     eligible for adjustment of status under that section.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status is filed, together with the applicable 
     fees, not later than 2 years after the date of enactment of 
     this Act.
       (d) Reduction of Immigrant Visa Number.--On the granting of 
     an immigrant visa or permanent residence to Miguel Angel 
     Perez-Montes, Jr., the Secretary of State shall instruct the 
     proper officer to reduce by 1, during the current or next 
     following fiscal year--
       (1) the total number of immigrant visas that are made 
     available to natives of the country of birth of the alien 
     under section 203(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(a)); or
       (2) if applicable, the total number of immigrant visas that 
     are made available to natives of the country of birth of the 
     alien under section 202(e) of that Act (8 U.S.C. 1152(e)).
                                 ______
                                 
  SA 1980. Ms. DUCKWORTH submitted an amendment intended to be proposed 
by her 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. ___. ESTABLISHMENT AND USE OF NATURALIZATION OFFICES AT 
                   INITIAL MILITARY TRAINING SITES.

       (a) Definition.--In this section, the term ``Secretary 
     concerned'' has the meaning given that term in section 101(a) 
     of title 10, United States Code.
       (b) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Defense, and the 
     Secretary of Homeland Security with respect to the Coast 
     Guard, shall establish a naturalization office at each 
     initial military training site of the Armed Forces under the 
     jurisdiction of the respective Secretary.
       (c) Outreach.--In coordination with the Under Secretary of 
     Defense for Personnel

[[Page S1091]]

     and Readiness and the Director of U.S. Citizenship and 
     Immigration Services, each Secretary concerned shall, to the 
     maximum extent practicable--
       (1) identify each member of the Armed Forces overseen by 
     such Secretary who is not a citizen of the United States;
       (2) inform each noncitizen member of the Armed Forces 
     overseen by such Secretary about--
       (A) the existence of a naturalization office at each 
     initial military training site;
       (B) the continuous availability of each naturalization 
     office throughout the career of a member of the Armed Forces 
     to--
       (i) evaluate the extent to which a noncitizen member of the 
     Armed Forces is eligible to become a naturalized citizen; and
       (ii) assess the suitability for citizenship of a noncitizen 
     member of the Armed Forces;
       (C) each potential pathway to citizenship;
       (D) each service a naturalization office provides;
       (E) the required length of service to obtain citizenship 
     during--
       (i) peacetime; and
       (ii) a period of hostility; and
       (F) the application process for citizenship, including--
       (i) details of the application process;
       (ii) required application materials;
       (iii) requirements for a naturalization interview; and
       (iv) any other information required to become a citizen 
     under the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (d) Timing.--Each Secretary concerned shall complete the 
     notifications required under subsection (c)--
       (1) during every stage of basic training;
       (2) during training for any military occupational 
     specialty;
       (3) at each school of professional military education;
       (4) upon each transfer of a duty station; and
       (5) at any other time determined appropriate by the 
     Secretary concerned.
       (e) Trained Personnel.--
       (1) Availability.--Each Secretary concerned shall retain 
     trained personnel at a naturalization office at every initial 
     military training site to provide appropriate services to 
     every member of the Armed Forces who is not a citizen of the 
     United States.
       (2) Training.--All personnel retained under paragraph (1) 
     shall be familiar with--
       (A) the special provisions of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.) authorizing the 
     expedited application and naturalization process for current 
     members of the Armed Forces and veterans;
       (B) the application process for naturalization and 
     associated application materials; and
       (C) the naturalization process administered by U.S. 
     Citizenship and Immigration Services.
       (f) Assignment Preference.--The Secretary concerned, to the 
     extent practicable, shall assign each new member of the Armed 
     Forces who is not a citizen of the United States to an 
     initial military training site that has a naturalization 
     office.
       (g) Reporting Requirement.--The Director of the U.S. 
     Citizenship and Immigration Services shall annually publish, 
     on a publicly accessible website--
       (1) the number of members of the Armed Forces who became 
     naturalized United States citizens during the most recent 
     year for which data is available, categorized by country in 
     which the naturalization ceremony took place;
       (2) the number of Armed Forces member's children who became 
     naturalized United States citizens during the most recent 
     year for which data is available, categorized by country in 
     which the naturalization ceremony took place; and
       (3) the number of Armed Forces member's spouses who became 
     naturalized United States citizens during the most recent 
     year for which data is available, categorized by country in 
     which the naturalization ceremony took place.
       (h) Regulations.--Each Secretary concerned shall prescribe 
     in regulation a definition of the term ``initial military 
     training site'' for purposes of this section.
                                 ______
                                 
  SA 1981. Ms. DUCKWORTH (for herself and Mr. Markey) submitted an 
amendment intended to be proposed by her 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. ___. PROHIBITION ON DEPORTATION OR REMOVAL OF DEFERRED 
                   ACTION FOR CHILDHOOD ARRIVALS PROGRAM 
                   PARTICIPANTS WHO ARE CURRENT OR FORMER MEMBERS 
                   OF THE ARMED FORCES.

       (a) Prohibition.--The Secretary of Homeland Security may 
     not deport or remove any alien who was granted DACA if the 
     alien is a current or former member of the Armed Forces.
       (b) Definitions.--In this section:
       (1) The term ``DACA'' means deferred action pursuant to the 
     Deferred Action for Childhood Arrivals program announced by 
     President Obama on June 15, 2012.
       (2) The term ``Armed Forces'' has the meaning given the 
     term ``armed forces'' in section 101(a)(4) of title 10, 
     United States Code, and includes the reserve components of 
     the Armed Forces.
                                 ______
                                 
  SA 1982. Mr. PORTMAN submitted an amendment intended to be proposed 
to amendment SA 1959 proposed by Mr. Grassley (for himself, Mrs. Ernst, 
Mr. Tillis, Mr. Lankford, Mr. Cotton, Mr. Perdue, Mr. Cornyn, Mr. 
Alexander, and Mr. Isakson) 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 title II and insert the following:

                     TITLE II--INTERIOR ENFORCEMENT

     SEC. 2001. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS.

       (a) In General.--Section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a) is amended to read as 
     follows:

     ``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, recruit, or refer for a fee an alien for 
     employment in the United States knowing that the alien is an 
     unauthorized alien with respect to such employment; or
       ``(B) to hire, recruit, or refer for a fee for employment 
     in the United States an individual without complying with the 
     requirements under subsections (c) and (d).
       ``(2) Continuing employment.--
       ``(A) Prohibition on continued employment of unauthorized 
     aliens.--It is unlawful for an employer, after hiring an 
     alien for employment, to continue to employ the alien in the 
     United States knowing that the alien is (or has become) an 
     unauthorized alien with respect to such employment.
       ``(B) Prohibition on consideration of previous unauthorized 
     status.--Nothing in this section may be construed to prohibit 
     the employment of an individual who is authorized for 
     employment in the United States if such individual was 
     previously an unauthorized alien.
       ``(3) Use of labor through contract.--For purposes of this 
     section, any employer that uses a contract, subcontract, or 
     exchange to obtain the labor of an alien in the United States 
     while knowing that the alien is an unauthorized alien with 
     respect to performing such labor shall be considered to have 
     hired the alien for employment in the United States in 
     violation of paragraph (1)(A).
       ``(4) Use of state employment agency documentation.--For 
     purposes of paragraphs (1)(B), (5), and (6), an employer 
     shall be deemed to have complied with the requirements under 
     subsection (c) with respect to the hiring of an individual 
     who was referred for such employment by a State employment 
     agency (as defined by the Secretary) if the employer has and 
     retains (for the period and in the manner described in 
     subsection (c)(3)) appropriate documentation of such referral 
     by such agency, certifying that such agency has complied with 
     the procedures described in subsection (c) with respect to 
     the individual's referral. An employer that relies on a State 
     agency's certification of compliance with subsection (c) 
     under this paragraph may utilize and retain the State 
     agency's certification of compliance with the procedures 
     described in subsection (d), if any, in the manner provided 
     under this paragraph.
       ``(5) Good faith defense.--
       ``(A) Defense.--An employer, person, or entity that hires, 
     employs, recruits, or refers individuals for employment in 
     the United States, or is otherwise obligated to comply with 
     the requirements under this section and establishes good 
     faith compliance with the requirements under paragraphs (1) 
     through (4) of subsection (c) and subsection (d)--
       ``(i) has established an affirmative defense that the 
     employer, person, or entity has not violated paragraph (1)(A) 
     with respect to hiring and employing; and
       ``(ii) has established compliance with its obligations 
     under subparagraph (A) and (B) of paragraph (1) and 
     subsection (c) unless the Secretary demonstrates by clear and 
     convincing evidence that the employer had knowledge that an 
     individuals hired, employed, recruited, or referred by the 
     employer, person, or entity is an unauthorized alien.
       ``(B) Exception for certain employers.--An employer who is 
     not required to participate in the System or who is 
     participating in the System on a voluntary basis pursuant to 
     subsection (d)(2)(J) has established an affirmative defense 
     under subparagraph (A) and need not demonstrate compliance 
     with the requirements under subsection (d).
       ``(6) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, an employer, person, or entity is considered to 
     have complied with a requirement under this subsection 
     notwithstanding a technical or procedural failure to meet 
     such requirement if there was a good faith attempt to comply 
     with the requirement.
       ``(B) Exception if failure to correct after notice.--
     Subparagraph (A) shall not apply if--
       ``(i) the failure is not de minimis;
       ``(ii) the Secretary of Homeland Security has explained to 
     the employer, person, or entity the basis for the failure and 
     why it is not de minimis;

[[Page S1092]]

       ``(iii) the employer, person, or entity has been provided a 
     period of not less than 30 days (beginning after the date of 
     the explanation) to correct the failure; and
       ``(iv) the employer, person, or entity has not corrected 
     the failure voluntarily within such period.
       ``(C) Exception for pattern or practice violators.--
     Subparagraph (A) shall not apply to an employer, person, or 
     entity that has engaged or is engaging in a pattern or 
     practice of violations of paragraph (1)(A) or (2).
       ``(7) Presumption.--After the date on which an employer is 
     required to participate in the System under subsection (d), 
     the employer is presumed to have acted with knowledge for 
     purposes of paragraph (1)(A) if the employer hires, employs, 
     recruits, or refers an employee for a fee and fails to make 
     an inquiry to verify the employment authorization status of 
     the employee through the System.
       ``(8) Continued application of workforce and labor 
     protection remedies despite unauthorized employment.--
       ``(A) In general.--Subject only to subparagraph (B), all 
     rights and remedies provided under any Federal, State, or 
     local law relating to workplace rights, including but not 
     limited to back pay, are available to an employee despite--
       ``(i) the employee's status as an unauthorized alien during 
     or after the period of employment; or
       ``(ii) the employer's or employee's failure to comply with 
     the requirements of this section.
       ``(B) Reinstatement.--Reinstatement shall be available to 
     individuals who--
       ``(i) are authorized to work in the United States at the 
     time such relief is ordered or effectuated; or
       ``(ii) lost employment-authorized status due to the 
     unlawful acts of the employer under this section.
       ``(b) Definitions.--In this section:
       ``(1) Commissioner.--The term `Commissioner' means the 
     Commissioner of Social Security.
       ``(2) Department.--Except as otherwise provided, the term 
     `Department' means the Department of Homeland Security.
       ``(3) Employer.--The term `employer' means any person or 
     entity, including an agency or department of a Federal, 
     State, or local government, an agent, or a System service 
     provider acting on behalf of an employer, that hires, 
     employs, recruits, or refers for a fee an individual for 
     employment in the United States that is not casual, sporadic, 
     irregular, or intermittent (as defined by the Secretary).
       ``(4) Employment authorized status.--The term `employment 
     authorized status' means, with respect to an individual, that 
     the individual is authorized to be employed in the United 
     States under the immigration laws of the United States.
       ``(5) Secretary.--Except as otherwise specifically 
     provided, the term `Secretary' means the Secretary of 
     Homeland Security.
       ``(6) System.--The term `System' means the Employment 
     Verification System established under subsection (d).
       ``(7) Unauthorized alien.--The term `unauthorized alien' 
     means an alien who, with respect to employment in the United 
     States at a particular time--
       ``(A) is not lawfully admitted for permanent residence; or
       ``(B) is not authorized to be employed under this Act or by 
     the Secretary.
       ``(8) Workplace rights.--The term `workplace rights' means 
     rights guaranteed under Federal, State, or local labor or 
     employment laws, including laws concerning wages and hours, 
     benefits and employment standards, labor relations, workplace 
     health and safety, work-related injuries, nondiscrimination, 
     and retaliation for exercising rights under such laws.
       ``(c) Document Verification Requirements.--Any employer 
     hiring an individual for employment in the United States 
     shall comply with the following requirements and the 
     requirements under subsection (d) to verify that the 
     individual has employment authorized status.
       ``(1) Attestation after examination of documentation.--
       ``(A) In general.--
       ``(i) Examination by employer.--An employer shall attest, 
     under penalty of perjury on a form prescribed by the 
     Secretary, that the employer has verified the identity and 
     employment authorization status of the individual--

       ``(I) by examining--

       ``(aa) a document specified in subparagraph (C); or
       ``(bb) a document specified in subparagraph (D) and a 
     document specified in subparagraph (E); and

       ``(II) by using an identity authentication mechanism 
     described in clause (iii) or (iv) of subparagraph (F).

       ``(ii) Publication of documents.--The Secretary shall 
     publish a picture of each document specified in subparagraphs 
     (C) and (E) on the U.S. Citizenship and Immigration Services 
     website.
       ``(B) Requirements.--
       ``(i) Form.--The form referred to in subparagraph (A)(i)--

       ``(I) shall be prescribed by the Secretary not later than 6 
     months after the date of the enactment of the SECURE and 
     SUCCEED Act;
       ``(II) shall be available as--

       ``(aa) a paper form;
       ``(bb) a form that may be completed by an employer via 
     telephone or video conference;
       ``(cc) an electronic form; or
       ``(dd) a form that is integrated electronically with the 
     requirements under subparagraph (F) and subsection (d).
       ``(ii) Attestation.--Each such form shall require the 
     employer to sign an attestation with a handwritten, 
     electronic, or digital signature, according to standards 
     prescribed by the Secretary.
       ``(iii) Compliance.--An employer has complied with the 
     requirements under this paragraph with respect to examination 
     of the documents included in subclauses (I) and (II) of 
     subparagraph (A)(i) if--

       ``(I) the employer has, in good faith, followed applicable 
     regulations and any written procedures or instructions 
     provided by the Secretary; and
       ``(II) a reasonable person would conclude that the 
     documentation is genuine and relates to the individual 
     presenting such documentation.

       ``(C) Documents establishing identity and employment 
     authorized status.--A document is specified in this 
     subparagraph if the document is unexpired (unless the 
     validity of the document is extended by law) and is 1 of the 
     following:
       ``(i) A United States passport or passport card issued to 
     an individual pursuant to the Secretary of State's authority 
     under the Act entitled `An Act to regulate the issue and 
     validity of passports, and for other purposes', approved July 
     3, 1926 (22 U.S.C. 211a).
       ``(ii) A document issued to an alien evidencing that the 
     alien is lawfully admitted for permanent residence or another 
     document issued to an individual evidencing the individual's 
     employment authorized status, as designated by the Secretary, 
     if the document--

       ``(I) contains a photograph of the individual, or such 
     other personal identifying information relating to the 
     individual as the Secretary determines, by regulation, to be 
     sufficient for the purposes of this subparagraph;
       ``(II) is evidence of employment authorized status; and
       ``(III) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(iii) An enhanced driver's license or identification card 
     issued to a national of the United States by a State, an 
     outlying possession of the United States, or a federally 
     recognized Indian tribe that--

       ``(I) meets the requirements under section 202 of the REAL 
     ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 
     30301 note); and
       ``(II) the Secretary has certified by notice published in 
     the Federal Register and through appropriate notice directly 
     to employers registered in the System 3 months prior to 
     publication that such enhanced license or card is suitable 
     for use under this subparagraph based upon the accuracy and 
     security of the issuance process, security features on the 
     document, and such other factors as the Secretary may 
     prescribe.

       ``(iv) A passport issued by the appropriate authority of a 
     foreign country accompanied by a Form I-94 or Form I-94A (or 
     similar successor record), or other documentation as 
     designated by the Secretary that specifies the individual's 
     status in the United States and the duration of such status 
     if the proposed employment is not in conflict with any 
     restriction or limitation specified on such form or 
     documentation.
       ``(v) A passport issued by the Federated States of 
     Micronesia or the Republic of the Marshall Islands with 
     evidence of nonimmigrant admission to the United States under 
     the Compact of Free Association between the United States and 
     the Federated States of Micronesia or the Republic of the 
     Marshall Islands.
       ``(D) Documents establishing identity of individual.--A 
     document is specified in this subparagraph if the document is 
     unexpired (unless the validity of the document is extended by 
     law) and is 1 of the following:
       ``(i) A driver's license or identity card that is not 
     described in subparagraph (C)(iii) and is issued to an 
     individual by a State or an outlying possession of the United 
     States, a federally recognized Indian tribe, or an agency 
     (including military) of the Federal Government if the 
     driver's license or identity card includes, at a minimum--

       ``(I) the individual's photograph, name, date of birth, 
     gender, and driver's license or identification card number; 
     and
       ``(II) security features to make the license or card 
     resistant to tampering, counterfeiting, and fraudulent use.

       ``(ii) A voter registration card.
       ``(iii) A document that complies with the requirements 
     under section 7209(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note).
       ``(iv) For individuals under 18 years of age who are unable 
     to present a document listed in clause (i) or (ii), 
     documentation of personal identity of such other type as the 
     Secretary determines will provide a reliable means of 
     identification, which may include an attestation as to the 
     individual's identity by a parent or legal guardian under 
     penalty of perjury.
       ``(E) Documents evidencing employment authorization.--A 
     document is specified in this subparagraph if the document is 
     unexpired (unless the validity of the document is extended by 
     law) and is 1 of the following:
       ``(i) A social security account number card issued by the 
     Commissioner, other than a card which specifies on its face 
     that the card

[[Page S1093]]

     is not valid to evidence employment authorized status or has 
     other similar words of limitation.
       ``(ii) Any other documentation evidencing employment 
     authorized status that the Secretary determines and publishes 
     in the Federal Register and through appropriate notice 
     directly to employers registered within the System to be 
     acceptable for purposes of this subparagraph if such 
     documentation, including any electronic security measures 
     linked to such documentation, contains security features to 
     make such documentation resistant to tampering, 
     counterfeiting, and fraudulent use.
       ``(F) Identity authentication mechanism.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered identity document.--The term `covered 
     identity document' means a valid--

       ``(aa) United States passport, passport card, or a document 
     evidencing lawful permanent residence status or employment 
     authorized status issued to an alien;
       ``(bb) enhanced driver's license or identity card issued by 
     a participating State or an outlying possession of the United 
     States; or
       ``(cc) photograph and appropriate identifying information 
     provided by the Secretary of State pursuant to the granting 
     of a visa.

       ``(II) Participating state.--The term `participating State' 
     means a State that has an agreement with the Secretary to 
     provide the Secretary, for purposes of identity verification 
     in the System, with photographs and appropriate identifying 
     information maintained by the State.

       ``(ii) Requirement for identity authentication.--In 
     addition to verifying the documents specified in subparagraph 
     (C), (D), or (E), the System shall require each employer to 
     verify the identity of each new hire using the identity 
     authentication mechanism described in clause (iii), or for an 
     individual whose identity is not able to be verified using 
     that mechanism, to use the additional security measures 
     provided in clause (iv) after such measures become available. 
     A failure of the System to verify the identity of an 
     individual due to the use of an identity authentication 
     mechanism shall result in a further action notice under 
     subsection (d)(4)(C)(iii).
       ``(iii) Photo tool.--

       ``(I) Use requirement.--An employer that hires an 
     individual who has presented a covered identity document to 
     establish his or her identity and employment authorization 
     under this subsection shall verify the identity of such 
     individual using the photo tool described in subclause (II).
       ``(II) Development requirement.--The Secretary shall 
     develop and maintain a photo tool that enables employers to 
     match the photograph on a covered identity document provided 
     to the employer to a photograph maintained by a U.S. 
     Citizenship and Immigration Services database or other 
     appropriate database.
       ``(III) Individual queries.--The photo tool capability 
     shall be incorporated into the System and made available to 
     employers not later than 1 year after the date on which 
     regulations are published implementing subsection (d).
       ``(IV) Limitations on use of information.--Information and 
     images acquired from State motor vehicle databases through 
     the photo tool developed under this clause--

       ``(aa) may only be used for matching photographs to a 
     covered identity document for the purposes of employment 
     verification;
       ``(bb) shall not be collected or stored by the Federal 
     Government; and
       ``(cc) may only be disseminated in response to an 
     individual photo tool query.
       ``(iv) Additional security measures.--

       ``(I) Use requirement.--An employer seeking to hire an 
     individual whose identity is not able to be verified using 
     the photo tool described in clause (iii) because the employee 
     did not present a covered document for employment eligibility 
     verification purposes shall verify the identity of such 
     individual using the additional security measures described 
     in subclause (II).
       ``(II) Development requirement.--The Secretary shall 
     develop, after publication in the Federal Register and an 
     opportunity for public comment, specific and effective 
     additional security measures to adequately verify the 
     identity of an individual whose identity is not able to be 
     verified using the photo tool described in clause (iii). Such 
     additional security measures--

       ``(aa) shall be kept up-to-date with technological 
     advances;
       ``(bb) shall provide a means of identity authentication in 
     a manner that provides a high level of certainty as to the 
     identity of such individual, using immigration and 
     identifying information that may include review of identity 
     documents or background screening verification techniques 
     using publicly available information; and
       ``(cc) shall be incorporated into the System and made 
     available to employers not later than 1 year after the date 
     on which regulations are published implementing subsection 
     (d).

       ``(III) Comprehensive use.--An employer may employ the 
     additional security measures set forth in this clause with 
     respect to all individuals the employer hires if the employer 
     notifies the Secretary of such election at the time the 
     employer registers for use of the System under subsection 
     (d)(4)(A)(i) or anytime thereafter. An election under this 
     subclause may be withdrawn 90 days after the employer 
     notifies the Secretary of the employer's intent to 
     discontinue such election.

       ``(v) Automated verification.--The Secretary--

       ``(I) may establish a program, in addition to the identity 
     authentication mechanism described in paragraph (F)(iii), in 
     which the System automatically verifies information contained 
     in a covered identity document issued by a participating 
     State, which is presented under subparagraph (D)(i), 
     including information needed to verify that the covered 
     identity document matches the State's records;
       ``(II) may not maintain information provided by a 
     participating State in a database maintained by U.S. 
     Citizenship and Immigration Services; and
       ``(III) may not use or disclose such information, except as 
     authorized under this section.

       ``(G) 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 specified in subparagraph (B), 
     (C), or (D) does not reliably establish identity or that 
     employment authorized status is being used fraudulently to an 
     unacceptable degree, the Secretary--
       ``(i) may prohibit or restrict the use of such document or 
     class of documents for purposes of this subsection; and
       ``(ii) shall directly notify all employers registered 
     within the System of the prohibition through appropriate 
     means.
       ``(H) Authority to allow use of certain documents.--If the 
     Secretary has determined that another document or class of 
     documents, such as a document issued by a federally 
     recognized Indian tribe, may be used to reliably establish 
     identity or employment authorized status, the Secretary--
       ``(i) may allow the use of that document or class of 
     documents for purposes of this subsection after publication 
     in the Federal Register and an opportunity for public 
     comment;
       ``(ii) shall publish a description of any such document or 
     class of documents on the U.S. Citizenship and Immigration 
     Services website; and
       ``(iii) shall directly notify all employers registered 
     within the System of the addition through appropriate means.
       ``(2) Individual attestation of employment authorization.--
     An individual, upon commencing employment with an employer, 
     shall--
       ``(A) attest, under penalty of perjury, on the form 
     prescribed by the Secretary, that the individual is--
       ``(i) a citizen of the United States;
       ``(ii) an alien lawfully admitted for permanent residence;
       ``(iii) an alien who has employment authorized status; or
       ``(iv) otherwise authorized by the Secretary to be hired 
     for such employment;
       ``(B) provide such attestation by a handwritten, 
     electronic, or digital signature; and
       ``(C) provide the individual's social security account 
     number to the Secretary, unless the individual has not yet 
     been issued such a number, on such form as the Secretary may 
     require.
       ``(3) Retention of verification record.--
       ``(A) In general.--After completing a form for an 
     individual in accordance with paragraphs (1) and (2), the 
     employer shall retain a version of such completed form and 
     make such form available for inspection by the Secretary or 
     the Office of Special Counsel for Immigration-Related Unfair 
     Employment Practices of the Department of Justice during the 
     period beginning on the hiring date of the individual and 
     ending on the later of--
       ``(i) the date that is 3 years after such hiring date; or
       ``(ii) the date that is 1 year after the date on which the 
     individual's employment with the employer is terminated.
       ``(B) Requirement for electronic retention.--The 
     Secretary--
       ``(i) shall permit an employer to retain the form described 
     in subparagraph (A) in electronic form; and
       ``(ii) shall permit an employer to retain such form in 
     paper, microfiche, microfilm, portable document format, or 
     other media.
       ``(4) Copying of documentation and recordkeeping.--The 
     Secretary may promulgate regulations regarding--
       ``(A) copying documents and related information pertaining 
     to employment verification presented by an individual under 
     this subsection; and
       ``(B) retaining such information during a period not to 
     exceed the required retention period set forth in paragraph 
     (3).
       ``(5) Penalties.--An employer that fails to comply with any 
     requirement under this subsection may be penalized under 
     subsection (e)(4)(B).
       ``(6) Protection of civil rights.--
       ``(A) In general.--Nothing in this section may be construed 
     to diminish any rights otherwise protected by Federal law.
       ``(B) Prohibition on discrimination.--An employer shall use 
     the procedures for document verification set forth in this 
     paragraph for all employees without regard to race, color, 
     religion, sex, national origin, or, unless specifically 
     permitted in this section, to citizenship status.
       ``(7) Receipts.--The Secretary may authorize the use of 
     receipts for replacement documents, and temporary evidence of 
     employment authorization by an individual to meet a 
     documentation requirement under this subsection on a 
     temporary basis not to exceed 1 year, after which time the 
     individual

[[Page S1094]]

     shall provide documentation sufficient to satisfy the 
     documentation requirements under this subsection.
       ``(8) No authorization of national identification cards.--
     Nothing in this section may be construed to directly or 
     indirectly authorize the issuance, use, or establishment of a 
     national identification card.
       ``(d) Employment Verification System.--
       ``(1) In general.--
       ``(A) Establishment.--The Secretary, in consultation with 
     the Commissioner, shall establish the Employment Verification 
     System.
       ``(B) Monitoring.--The Secretary shall create the necessary 
     processes to monitor--
       ``(i) the functioning of the System, including the volume 
     of the workflow, the speed of processing of queries, and the 
     speed and accuracy of responses;
       ``(ii) the misuse of the System, including the prevention 
     of fraud or identity theft;
       ``(iii) whether the use of the System results in wrongful 
     adverse actions or discrimination based upon a prohibited 
     factor against citizens or nationals of the United States or 
     individuals who have employment authorized status; and
       ``(iv) the security, integrity, and privacy of the System.
       ``(C) Procedures.--The Secretary--
       ``(i) shall create processes to provide an individual with 
     direct access to the individual's case history in the System, 
     including--

       ``(I) the identities of all persons or entities that have 
     queried the individual through the System;
       ``(II) the date of each such query; and
       ``(III) the System response for each such query; and

       ``(ii) in consultation with the Commissioner, shall 
     develop--

       ``(I) protocols to notify an individual, in a timely manner 
     through the use of electronic correspondence or mail, that a 
     query for the individual has been processed through the 
     System; or
       ``(II) a process for the individual to submit additional 
     queries to the System or notify the Secretary of potential 
     identity fraud.

       ``(2) Participation requirements.--
       ``(A) Federal government.--Except as provided in 
     subparagraph (B), all agencies and departments in the 
     executive, legislative, or judicial branches of the Federal 
     Government shall participate in the System beginning on the 
     earlier of--
       ``(i) the date of the enactment of the SECURE and SUCCEED 
     Act, to the extent required under section 402(e)(1) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a) 
     and as already implemented by each agency or department; or
       ``(ii) the date that is 90 days after the date of the 
     enactment of the SECURE and SUCCEED Act.
       ``(B) Federal contractors.--Federal contractors shall 
     participate in the System as provided in the final rule 
     relating to employment eligibility verification published in 
     the Federal Register on November 14, 2008 (73 Fed. Reg. 
     67,651), or any similar subsequent regulation, for which 
     purpose references to E-Verify in the final rule shall be 
     construed to apply to the System.
       ``(C) Critical infrastructure.--
       ``(i) In general.--Beginning on the date that is 1 year 
     after the date on which regulations are published 
     implementing this subsection, the Secretary may authorize or 
     direct any employer, person, or entity responsible for 
     granting access to, protecting, securing, operating, 
     administering, or regulating part of the critical 
     infrastructure (as defined in section 1016(e) of the Critical 
     Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) 
     to participate in the System to the extent the Secretary 
     determines that such participation will assist in the 
     protection of the critical infrastructure.
       ``(ii) Notification to employers.--The Secretary shall 
     notify an employer required to participate in the System 
     under this subparagraph not later than 90 days before the 
     date on which the employer is required to participate.
       ``(D) Employers with more than 10,000 employees.--Not later 
     than 1 year after regulations are published implementing this 
     subsection, all employers with more than 10,000 employees 
     shall participate in the System with respect to all newly 
     hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(E) Employers with more than 500 employees.--Not later 
     than 2 years after regulations are published implementing 
     this subsection, all employers with more than 500 employees 
     shall participate in the System with respect to all newly 
     hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(F) Employers with more than 20 employees.--Not later 
     than 3 years after regulations are published implementing 
     this subsection, all employers with more than 20 employees 
     shall participate in the System with respect to all newly 
     hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(G) Agricultural employment.--Not later than 4 years 
     after regulations are published implementing this subsection, 
     employers of employees performing agricultural employment (as 
     defined in section 218A) shall participate in the System with 
     respect to all newly hired employees and employees with 
     expiring temporary employment authorization documents. An 
     agricultural employee shall not be counted for purposes of 
     subparagraph (D), (E), or (F).
       ``(H) All employers.--Not later than 4 years after 
     regulations are published implementing this subsection, all 
     employers shall participate in the System with respect to all 
     newly hired employees and employees with expiring temporary 
     employment authorization documents.
       ``(I) Tribal government employers.--
       ``(i) Rulemaking.--In developing regulations to implement 
     this subsection, the Secretary shall--

       ``(I) consider the effects of this section on federally 
     recognized Indian tribes and tribal members; and
       ``(II) consult with the governments of federally recognized 
     Indian tribes.

       ``(ii) Required participation.--Not later than 4 years 
     after regulations are published implementing this subsection, 
     all employers owned by, or entities of, the government of a 
     federally recognized Indian tribe shall participate in the 
     System with respect to all newly hired employees and 
     employees with expiring temporary employment authorization 
     documents.
       ``(J) Immigration law violators.--
       ``(i) Orders finding violations.--An order finding any 
     employer to have violated this section or section 274C may, 
     in the Secretary's discretion, require the employer to 
     participate in the System with respect to newly hired 
     employees and employees with expiring temporary employment 
     authorization documents, if such employer is not otherwise 
     required to participate in the System under this section. The 
     Secretary shall monitor such employer's compliance with 
     System procedures.
       ``(ii) Pattern or practice of violations.--The Secretary 
     may require an employer that is required to participate in 
     the System with respect to newly hired employees to 
     participate in the System with respect to the employer's 
     current employees if the employer is determined by the 
     Secretary or other appropriate authority to have engaged in a 
     pattern or practice of violations of the immigration laws of 
     the United States.
       ``(K) Voluntary participation.--The Secretary may permit 
     any employer that is not required to participate in the 
     System under this section to do so on a voluntary basis.
       ``(3) Consequence of failure to participate.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the failure, other than a de minimis or inadvertent failure, 
     of an employer that is required to participate in the System 
     to comply with the requirements of the System with respect to 
     an individual--
       ``(i) shall be treated as a violation of subsection 
     (a)(1)(B) with respect to that individual; and
       ``(ii) creates a rebuttable presumption that the employer 
     has violated paragraph (1)(A) or (2) of subsection (a).
       ``(B) Exception.--
       ``(i) In general.--Subparagraph (A) shall not apply in a 
     criminal prosecution.
       ``(ii) Use as evidence.--Nothing in this paragraph may be 
     construed to limit the use in the prosecution of a Federal 
     crime, in a manner otherwise consistent with Federal criminal 
     law and procedure, of evidence relating to the employer's 
     failure to comply with requirements of the System.
       ``(4) Procedures for participants in the system.--
       ``(A) In general.--An employer participating in the System 
     shall register such participation with the Secretary and, 
     when hiring any individual for employment in the United 
     States, shall comply with the following:
       ``(i) Registration of employers.--The Secretary, through 
     notice in the Federal Register, shall prescribe procedures 
     that employers shall be required to follow to register with 
     the System.
       ``(ii) Updating information.--The employer is responsible 
     for providing notice of any change to the information 
     required under subclauses (I), (II), and (III) of clause (v) 
     before conducting any further inquiries within the System, or 
     on such other schedule as the Secretary may prescribe.
       ``(iii) Training.--The Secretary shall require employers to 
     undergo such training as the Secretary determines to be 
     necessary to ensure proper use, protection of civil rights 
     and civil liberties, privacy, integrity, and security of the 
     System. To the extent practicable, such training shall be 
     made available electronically on the U.S. Citizenship and 
     Immigration Services website.
       ``(iv) Notification to employees.--The employer shall 
     inform individuals hired for employment that the System--

       ``(I) will be used by the employer;
       ``(II) may be used for immigration enforcement purposes; 
     and
       ``(III) may not be used to discriminate or to take adverse 
     action against a national of the United States or an alien 
     who has employment authorized status.

       ``(v) Provision of additional information.--The employer 
     shall obtain from the individual (and the individual shall 
     provide) and shall record in such manner as the Secretary may 
     specify--

       ``(I) the individual's social security account number;
       ``(II) if the individual does not attest to United States 
     citizenship or status as a national of the United States 
     under subsection (c)(2), such identification or authorization 
     number established by the Department as the Secretary shall 
     specify; and
       ``(III) such other information as the Secretary may require 
     to determine the identity and employment authorization of an 
     individual.

[[Page S1095]]

       ``(vi) Presentation of documentation.--The employer, and 
     the individual whose identity and employment authorized 
     status are being confirmed, shall fulfill the requirements 
     under subsection (c).
       ``(B) Seeking confirmation.--
       ``(i) In general.--An employer shall use the System to 
     confirm the identity and employment authorized status of any 
     individual during--

       ``(I) the period beginning on the date on which the 
     individual accepts an offer of employment and ending 3 
     business days after the date on which employment begins; or
       ``(II) such other reasonable period as the Secretary may 
     prescribe.

       ``(ii) Limitation.--An employer may not make the starting 
     date of an individual's employment or training or any other 
     term and condition of employment dependent on the receipt of 
     a confirmation of identity and employment authorized status 
     by the System.
       ``(iii) Reverification.--If an individual has a limited 
     period of employment authorized status, the individual's 
     employer shall re-verify such status through the System not 
     later than 3 business days after the last day of such period.
       ``(iv) Other employment.--For employers directed by the 
     Secretary to participate in the System under paragraph 
     (2)(C)(i) to protect critical infrastructure or otherwise 
     specified circumstances in this section to verify their 
     entire workforce, the System may be used for initial 
     verification of an individual who was hired before the 
     employer became subject to the System, and the employer shall 
     initiate all required procedures on or before such date as 
     the Secretary shall specify.
       ``(v) Notification.--

       ``(I) In general.--The Secretary shall provide, and the 
     employer shall use, as part of the System, a method of 
     notifying employers of a confirmation or nonconfirmation of 
     an individual's identity and employment authorized status, or 
     a notice that further action is required to verify such 
     identity or employment eligibility (referred to in this 
     subsection as a `further action notice').
       ``(II) Procedures.--The Secretary shall--

       ``(aa) directly notify the individual and the employer, by 
     means of electronic correspondence, mail, text message, 
     telephone, or other direct communication, of a 
     nonconfirmation or further action notice;
       ``(bb) provide information about filing an administrative 
     appeal under paragraph (6) and a filing for review before an 
     administrative law judge under paragraph (7); and
       ``(cc) establish procedures to directly notify the 
     individual and the employer of a confirmation.

       ``(III) Implementation.--The Secretary may provide for a 
     phased-in implementation of the notification requirements 
     under this clause, as appropriate. The notification system 
     shall cover all inquiries not later than 1 year from the date 
     of the enactment of the SECURE and SUCCEED Act.

       ``(C) Confirmation or nonconfirmation.--
       ``(i) Initial response.--

       ``(I) In general.--Except as provided in subclause (II), 
     the System shall provide--

       ``(aa) a confirmation of an individual's identity and 
     employment authorized status or a further action notice at 
     the time of the inquiry; and
       ``(bb) an appropriate code indicating such confirmation or 
     such further action notice.

       ``(II) Alternative deadline.--If the System is unable to 
     provide immediate confirmation or further action notice for 
     technological reasons or due to unforeseen circumstances, the 
     System shall provide a confirmation or further action notice 
     not later than 3 business days after the initial inquiry.

       ``(ii) Confirmation upon initial inquiry.--If the employer 
     receives an appropriate confirmation of an individual's 
     identity and employment authorized status under the System, 
     the employer shall record the confirmation in such manner as 
     the Secretary may specify.
       ``(iii) Further action notice and later confirmation or 
     nonconfirmation.--

       ``(I) Notification and acknowledgment that further action 
     is required.--Not later than 3 business days after an 
     employer receives a further action notice of an individual's 
     identity or employment eligibility under the System, or 
     during such other reasonable time as the Secretary may 
     prescribe, the employer shall notify the individual for whom 
     the confirmation is sought of the further action notice and 
     any procedures specified by the Secretary for addressing such 
     notice. The employer shall give the further action notice to 
     the individual in writing and the employer shall acknowledge 
     in the System under penalty of perjury that it provided the 
     employee with the further action notice. The individual shall 
     affirmatively acknowledge in writing, or in such other manner 
     as the Secretary may specify, the receipt of the further 
     action notice from the employer. If the individual refuses to 
     acknowledge the receipt of the further action notice, or 
     acknowledges in writing that the individual will not contest 
     the further action notice under subclause (II), the employer 
     shall notify the Secretary in such manner as the Secretary 
     may specify.
       ``(II) Contest.--Not later than 10 business days after 
     receiving notification of a further action notice under 
     subclause (I), the individual shall contact the appropriate 
     Federal agency and, if the Secretary so requires, appear in 
     person for purposes of verifying the individual's identity 
     and employment eligibility. The Secretary, in consultation 
     with the Commissioner and other appropriate Federal agencies, 
     shall specify an available secondary verification procedure 
     to confirm the validity of information provided and to 
     provide a confirmation or nonconfirmation. Any procedures for 
     reexamination shall not limit in any way an employee's right 
     to appeal a nonconfirmation.
       ``(III) No contest.--If the individual refuses to 
     acknowledge receipt of the further action notice, 
     acknowledges that the individual will not contest the further 
     action notice as provided in subclause (I), or does not 
     contact the appropriate Federal agency within the period 
     specified in subclause (II), following expiration of the 
     period specified in subclause (II), a nonconfirmation shall 
     be issued. The employer shall record the nonconfirmation in 
     such manner as the Secretary may specify and terminate the 
     individual's employment. An individual's failure to contest a 
     further action notice shall not be considered an admission of 
     guilt with respect to any violation of this section or any 
     provision of law.
       ``(IV) Confirmation or nonconfirmation.--Unless the period 
     is extended in accordance with this subclause, the System 
     shall provide a confirmation or nonconfirmation not later 
     than 10 business days after the date on which the individual 
     contests the further action notice under subclause (II). If 
     the Secretary determines that good cause exists, after taking 
     into account adverse impacts to the employer, and including 
     time to permit the individual to obtain and provide needed 
     evidence of identity or employment eligibility, the Secretary 
     shall extend the period for providing confirmation or 
     nonconfirmation for stated periods beyond 10 business days. 
     When confirmation or nonconfirmation is provided, the 
     confirmation system shall provide an appropriate code 
     indicating such confirmation or nonconfirmation.
       ``(V) Reexamination.--Nothing in this section shall prevent 
     the Secretary from establishing procedures to reexamine a 
     case where a confirmation or nonconfirmation has been 
     provided if subsequently received information indicates that 
     the confirmation or nonconfirmation may not have been 
     correct. Any procedures for reexamination shall not limit in 
     any way an employee's right to appeal a nonconfirmation.
       ``(VI) Employee protections.--An employer may not terminate 
     employment or take any other adverse action against an 
     individual solely because of a failure of the individual to 
     have identity and employment eligibility confirmed under this 
     subsection until--

       ``(aa) a nonconfirmation has been issued;
       ``(bb) if the further action notice was contested, the 
     period to timely file an administrative appeal has expired 
     without an appeal or the contestation to the further action 
     notice is withdrawn; or
       ``(cc) if an appeal before an administrative law judge 
     under paragraph (7) has been filed, the nonconfirmation has 
     been upheld or the appeal has been withdrawn or dismissed.
       ``(iv) Notice of nonconfirmation.--Not later than 3 
     business days after an employer receives a nonconfirmation, 
     or during such other reasonable time as the Secretary may 
     provide, the employer shall notify the individual who is the 
     subject of the nonconfirmation, and provide information about 
     filing an administrative appeal pursuant to paragraph (6) and 
     a request for a hearing before an administrative law judge 
     pursuant to paragraph (7). The employer shall give the 
     nonconfirmation notice to the individual in writing and the 
     employer shall acknowledge in the System under penalty of 
     perjury that it provided the notice (or adequately attempted 
     to provide notice, but was unable to do so despite reasonable 
     efforts). The individual shall affirmatively acknowledge in 
     writing, or in such other manner as the Secretary may 
     prescribe, the receipt of the nonconfirmation notice from the 
     employer. If the individual refuses or fails to acknowledge 
     the receipt of the nonconfirmation notice, the employer shall 
     notify the Secretary in such manner as the Secretary may 
     prescribe.
       ``(D) Consequences of nonconfirmation.--
       ``(i) Termination of continued employment.--Except as 
     provided in clause (iii), an employer that has received a 
     nonconfirmation regarding an individual and has made 
     reasonable efforts to notify the individual in accordance 
     with subparagraph (C)(iv) shall terminate the employment of 
     the individual upon the expiration of the time period 
     specified in paragraph (7).
       ``(ii) Continued employment after nonconfirmation.--If the 
     employer continues to employ an individual after receiving 
     nonconfirmation and exhaustion of all appeals or expiration 
     of all rights to appeal if not appealed, in violation of 
     clause (i), a rebuttable presumption is created that the 
     employer has violated paragraphs (1)(A) and (2) of subsection 
     (a). Such presumption shall not apply in any prosecution 
     under subsection (k)(1).
       ``(iii) Effect of administrative appeal or review by 
     administrative law judge.--If an individual files an 
     administrative appeal of the nonconfirmation within the time 
     period specified in paragraph (6)(A), or files for review 
     with an administrative law judge specified in paragraph 
     (7)(A), the employer shall not terminate the individual's 
     employment under this subparagraph prior to the resolution of 
     the administrative appeal unless the Secretary or 
     Commissioner terminates the stay under paragraph (6)(B) or 
     (7)(B).
       ``(iv) Weekly report.--The Director of U.S. Citizenship and 
     Immigration Services

[[Page S1096]]

     shall submit a weekly report to the Assistant Secretary for 
     Immigration and Customs Enforcement that includes, for each 
     individual who receives final nonconfirmation through the 
     System--

       ``(I) the name of such individual;
       ``(II) his or her social security number or alien file 
     number;
       ``(III) the name and contact information for his or her 
     current employer; and
       ``(IV) any other critical information that the Assistant 
     Secretary determines to be appropriate.

       ``(v) Other referral.--The Director of U.S. Citizenship and 
     Immigration Services shall refer to the Assistant Secretary 
     for Immigration and Customs Enforcement for appropriate 
     action by the Assistant Secretary, or for referral by the 
     Assistant Secretary to another law enforcement agency, as 
     appropriate--

       ``(I) any case in which the Director believes that a social 
     security number has been falsely or fraudulently used; and
       ``(II) any case in which a false or fraudulent document is 
     used by an employee who has received a further action notice 
     to resolve such notice.

       ``(E) Obligation to respond to queries and additional 
     information.--
       ``(i) In general.--Employers shall comply with requests for 
     information from the Secretary and the Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice, including queries concerning current 
     and former employees, within the time frame during which 
     records are required to be maintained under this section 
     regarding such former employees, if such information relates 
     to the functioning of the System, the accuracy of the 
     responses provided by the System, or any suspected misuse, 
     discrimination, fraud, or identity theft in the use of the 
     System. Failure to comply with a request under this clause 
     constitutes a violation of subsection (a)(1)(B).
       ``(ii) Action by individuals.--

       ``(I) In general.--Individuals being verified through the 
     System may be required to take further action to address 
     questions identified by the Secretary or the Commissioner 
     regarding the documents relied upon for purposes of 
     subsection (c).
       ``(II) Notification.--Not later than 3 business days after 
     the receipt of such questions regarding an individual, or 
     during such other reasonable time as the Secretary may 
     prescribe, the employer shall--

       ``(aa) notify the individual of any such requirement for 
     further actions; and
       ``(bb) record the date and manner of such notification.

       ``(III) Acknowledgment.--The individual shall acknowledge 
     the notification received from the employer under subclause 
     (II) in writing, or in such other manner as the Secretary may 
     prescribe.

       ``(iii) Rulemaking.--

       ``(I) In general.--The Secretary, in consultation with the 
     Commissioner and the Attorney General, is authorized to issue 
     regulations implementing, clarifying, and supplementing the 
     requirements under this subparagraph--

       ``(aa) to facilitate the functioning, accuracy, and 
     fairness of the System;
       ``(bb) to prevent misuse, discrimination, fraud, or 
     identity theft in the use of the System; and
       ``(cc) to protect and maintain the confidentiality of 
     information that could be used to locate or otherwise place 
     at risk of harm victims of domestic violence, dating 
     violence, sexual assault, stalking, and human trafficking, 
     and of the applicant or beneficiary of any petition described 
     in section 384(a)(2) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)(2)).

       ``(II) Notice.--The regulations issued under subclause (I) 
     shall be--

       ``(aa) published in the Federal Register; and
       ``(bb) provided directly to all employers registered in the 
     System.
       ``(F) Designated agents.--The Secretary shall establish a 
     process--
       ``(i) for certifying, on an annual basis or at such times 
     as the Secretary may prescribe, designated agents and other 
     System service providers seeking access to the System to 
     perform verification queries on behalf of employers, based 
     upon training, usage, privacy, and security standards 
     prescribed by the Secretary;
       ``(ii) for ensuring that designated agents and other System 
     service providers are subject to monitoring to the same 
     extent as direct access users; and
       ``(iii) for establishing standards for certification of 
     electronic I-9 programs.
       ``(G) Requirement to provide information.--
       ``(i) In general.--No later than 3 months after the date of 
     the enactment of the SECURE and SUCCEED Act, the Secretary, 
     in consultation with the Secretary of Labor, the Secretary of 
     Agriculture, the Commissioner, the Attorney General, the 
     Equal Employment Opportunity Commission, and the 
     Administrator of the Small Business Administration, shall 
     commence a campaign to disseminate information respecting the 
     procedures, rights, and remedies prescribed under this 
     section.
       ``(ii) Campaign requirements.--The campaign authorized 
     under clause (i)--

       ``(I) shall be aimed at increasing the knowledge of 
     employers, employees, and the general public concerning 
     employer and employee rights, responsibilities, and remedies 
     under this section; and
       ``(II) shall be coordinated with the public education 
     campaign conducted by U.S. Citizenship and Immigration 
     Services.

       ``(iii) Assessment.--The Secretary shall assess the success 
     of the campaign in achieving the goals of the campaign.
       ``(iv) Authority to contract.--In order to carry out and 
     assess the campaign under this subparagraph, the Secretary 
     may, to the extent deemed appropriate and subject to the 
     availability of appropriations, contract with public and 
     private organizations for outreach and assessment activities 
     under the campaign.
       ``(v) Funding.--From amounts in the Border Security 
     Enforcement Fund under section 1301 of the SECURE and SUCCEED 
     Act, there shall be available in each of fiscal years 2019 
     through 2012 such sums as may be necessary to carry out this 
     paragraph.
       ``(H) Authority to modify information requirements.--Based 
     on a regular review of the System and the document 
     verification procedures to identify misuse or fraudulent use 
     and to assess the security of the documents and processes 
     used to establish identity or employment authorized status, 
     the Secretary, in consultation with the Commissioner, after 
     publication of notice in the Federal Register and an 
     opportunity for public comment, may modify, if the Secretary 
     determines that the modification is necessary to ensure that 
     the System accurately and reliably determines the identity 
     and employment authorized status of employees and maintains 
     existing protections against misuse, discrimination, fraud, 
     and identity theft--
       ``(i) the information that shall be presented to the 
     employer by an individual;
       ``(ii) the information that shall be provided to the System 
     by the employer; and
       ``(iii) the procedures that shall be followed by employers 
     with respect to the process of verifying an individual 
     through the System.
       ``(I) Self-verification.--Subject to appropriate safeguards 
     to prevent misuse of the system, the Secretary, in 
     consultation with the Commissioner, shall establish a secure 
     self-verification procedure to permit an individual who seeks 
     to verify the individual's own employment eligibility to 
     contact the appropriate agency and, in a timely manner, 
     correct or update the information contained in the System.
       ``(5) Protection from liability for actions taken on the 
     basis of information provided by the system.--An employer 
     shall not be liable to a job applicant, an employee, the 
     Federal Government, or a State or local government, under 
     Federal, State, or local criminal or civil law for any 
     employment-related action taken with respect to a job 
     applicant or employee in good faith reliance on information 
     provided by the System.
       ``(6) Administrative appeal.--
       ``(A) In general.--An individual who is notified of a 
     nonconfirmation may, not later than 10 business days after 
     the date that such notice is received, file an administrative 
     appeal of such nonconfirmation with the Commissioner if the 
     notice is based on records maintained by the Commissioner, or 
     in any other case, with the Secretary. An individual who does 
     not timely contest a further action notice timely received by 
     that individual for which the individual acknowledged receipt 
     may not be granted a review under this paragraph.
       ``(B) Administrative stay of nonconfirmation.--The 
     nonconfirmation shall be automatically stayed upon the timely 
     filing of an administrative appeal, unless the 
     nonconfirmation resulted after the individual acknowledged 
     receipt of the further action notice but failed to contact 
     the appropriate agency within the time provided. The stay 
     shall remain in effect until the resolution of the appeal, 
     unless the Secretary or the Commissioner terminates the stay 
     based on a determination that the administrative appeal is 
     frivolous or filed for purposes of delay.
       ``(C) Review for error.--The Secretary and the Commissioner 
     shall develop procedures for resolving administrative appeals 
     regarding nonconfirmations based upon the information that 
     the individual has provided, including any additional 
     evidence or argument that was not previously considered. Any 
     such additional evidence or argument shall be filed within 10 
     business days of the date the appeal was originally filed. 
     Appeals shall be resolved within 20 business days after the 
     individual has submitted all evidence and arguments the 
     individual wishes to submit, or has stated in writing that 
     there is no additional evidence that the individual wishes to 
     submit. The Secretary and the Commissioner may, on a case by 
     case basis for good cause, extend the filing and submission 
     period in order to ensure accurate resolution of an appeal 
     before the Secretary or the Commissioner.
       ``(D) Preponderance of evidence.--Administrative appeal 
     under this paragraph shall be limited to whether a 
     nonconfirmation notice is supported by a preponderance of the 
     evidence.
       ``(E) Damages, fees, and costs.--No money damages, fees, or 
     costs may be awarded in the administrative appeal process 
     under this paragraph.
       ``(7) Review by administrative law judge.--
       ``(A) In general.--Not later than 30 days after the date an 
     individual receives a final determination on an 
     administrative appeal under paragraph (6), the individual may 
     obtain review of such determination by filing a

[[Page S1097]]

     complaint with a Department of Justice administrative law 
     judge in accordance with this paragraph.
       ``(B) Stay of nonconfirmation.--The nonconfirmation related 
     to such final determination shall be automatically stayed 
     upon the timely filing of a complaint under this paragraph, 
     and the stay shall remain in effect until the resolution of 
     the complaint, unless the administrative law judge determines 
     that the action is frivolous or filed for purposes of delay.
       ``(C) Service.--The respondent to complaint filed under 
     this paragraph is either the Secretary or the Commissioner, 
     but not both, depending upon who issued the administrative 
     order under paragraph (6). In addition to serving the 
     respondent, the plaintiff shall serve the Attorney General.
       ``(D) Authority of administrative law judge.--
       ``(i) Rules of practice.--The Secretary shall promulgate 
     regulations regarding the rules of practice in appeals 
     brought pursuant to this subsection.
       ``(ii) Authority of administrative law judge.--The 
     administrative law judge shall have power to--

       ``(I) terminate a stay of a nonconfirmation under 
     subparagraph (B) if the administrative law judge determines 
     that the action is frivolous or filed for purposes of delay;
       ``(II) adduce evidence at a hearing;
       ``(III) compel by subpoena the attendance of witnesses and 
     the production of evidence at any designated place or 
     hearing;
       ``(IV) resolve claims of identity theft; and
       ``(V) enter, upon the pleadings and any evidence adduced at 
     a hearing, a decision affirming or reversing the result of 
     the agency, with or without remanding the cause for a 
     rehearing.

       ``(iii) Subpoena.--In case of contumacy or refusal to obey 
     a subpoena lawfully issued under this section and upon 
     application of the administrative law judge, an appropriate 
     district court of the United States may issue an order 
     requiring compliance with such subpoena and any failure to 
     obey such order may be punished by such court as a contempt 
     of such court.
       ``(iv) Training.--An administrative law judge hearing cases 
     shall have special training respecting employment authorized 
     status verification.
       ``(E) Order by administrative law judge.--
       ``(i) In general.--The administrative law judge shall issue 
     and cause to be served to the parties in the proceeding an 
     order which may be appealed as provided in subparagraph (G).
       ``(ii) Contents of order.--Such an order shall uphold or 
     reverse the final determination on the request for 
     reconsideration and order lost wages and other appropriate 
     remedies as provided in subparagraph (F).
       ``(F) Compensation for error.--
       ``(i) In general.--In cases in which the administrative law 
     judge reverses the final determination of the Secretary or 
     the Commissioner made under paragraph (6), and the 
     administrative law judge finds that--

       ``(I) the nonconfirmation was due to gross negligence or 
     intentional misconduct of the employer, the administrative 
     law judge may order the employer to pay the individual lost 
     wages, and reasonable costs and attorneys' fees incurred 
     during administrative and judicial review; or
       ``(II) such final determination was erroneous by reason of 
     the negligence of the Secretary or the Commissioner, the 
     administrative law judge may order the Secretary or the 
     Commissioner to pay the individual lost wages, and reasonable 
     costs and attorneys' fees incurred during the administrative 
     appeal and the administrative law judge review.

       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 120 days 
     after completion of the administrative law judge's review 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first. If the individual obtains employment elsewhere 
     at a lower wage rate, the individual shall be compensated for 
     the difference in wages for the period ending 120 days after 
     completion of the administrative law judge review process. No 
     lost wages shall be awarded for any period of time during 
     which the individual was not in employment authorized status.
       ``(iii) Payment of compensation.--Notwithstanding any other 
     law, payment of compensation for lost wages, costs, and 
     attorneys' fees under this paragraph, or compromise 
     settlements of the same, shall be made as provided by section 
     1304 of title 31, United States Code. Appropriations made 
     available to the Secretary or the Commissioner, accounts 
     provided for under section 286, and funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund shall not be available to pay 
     such compensation.
       ``(G) Appeal.--No later than 45 days after the entry of 
     such final order, any person adversely affected by such final 
     order may seek review of such order in the United States 
     Court of Appeals for the circuit in which the violation is 
     alleged to have occurred or in which the employer resides or 
     transacts business.
       ``(8) Management of the system.--
       ``(A) In general.--The Secretary is authorized to 
     establish, manage, and modify the System, which shall--
       ``(i) respond to inquiries made by participating employers 
     at any time through the internet, or such other means as the 
     Secretary may designate, concerning an individual's identity 
     and whether the individual is in employment authorized 
     status;
       ``(ii) maintain records of the inquiries that were made, of 
     confirmations provided (or not provided), and of the codes 
     provided to employers as evidence of their compliance with 
     their obligations under the System; and
       ``(iii) provide information to, and require action by, 
     employers and individuals using the System.
       ``(B) Design and operation of system.--The System shall be 
     designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     employers consistent with protecting the privacy and security 
     of the underlying information, and ensuring full notice of 
     such use to employees;
       ``(ii) to maximize its ease of use by employees, including 
     direct notification of its use, of results, and ability to 
     challenge results;
       ``(iii) to respond accurately to all inquiries made by 
     employers on whether individuals are authorized to be 
     employed and to register any times when the system is unable 
     to receive inquiries;
       ``(iv) to maintain appropriate administrative, technical, 
     and physical safeguards to prevent unauthorized disclosure of 
     personal information, misuse by employers and employees, and 
     discrimination;
       ``(v) to require regularly scheduled refresher training of 
     all users of the System to ensure compliance with all 
     procedures;
       ``(vi) to allow for auditing of the use of the System to 
     detect misuse, discrimination, fraud, and identity theft, to 
     protect privacy and assess System accuracy, and to preserve 
     the integrity and security of the information in all of the 
     System, including--

       ``(I) to develop and use tools and processes to detect or 
     prevent fraud and identity theft, such as multiple uses of 
     the same identifying information or documents to fraudulently 
     gain employment;
       ``(II) to develop and use tools and processes to detect and 
     prevent misuse of the system by employers and employees;
       ``(III) to develop tools and processes to detect anomalies 
     in the use of the system that may indicate potential fraud or 
     misuse of the system; and
       ``(IV) to audit documents and information submitted by 
     employees to employers, including authority to conduct 
     interviews with employers and employees, and obtain 
     information concerning employment from the employer;

       ``(vii) to confirm identity and employment authorization 
     through verification and comparison of records as determined 
     necessary by the Secretary;
       ``(viii) to confirm electronically the issuance of the 
     employment authorization or identity document and--

       ``(I) if such photograph is available, to display the 
     digital photograph that the issuer placed on the document so 
     that the employer can compare the photograph displayed to the 
     photograph on the document presented by the employee; or
       ``(II) if a photograph is not available from the issuer, to 
     confirm the authenticity of the document using such 
     additional security measures set forth in subsection 
     (c)(1)(F)(iv);

       ``(ix) to employ specific and effective additional security 
     measures set forth in subsection (c)(1)(F)(iv) to adequately 
     verify the identity of an individual that are designed and 
     operated--

       ``(I) to use state-of-the-art technology to determine to a 
     high degree of accuracy whether an individual presenting 
     biographic information is the individual with that true 
     identity;
       ``(II) to retain under the control of the Secretary the use 
     of all determinations communicated by the System, regardless 
     of the entity operating the system pursuant to a contract or 
     other agreement with a nongovernmental entity or entities to 
     the extent helpful in acquiring the best technology to 
     implement the additional security measures;
       ``(III) to be integrated with the System so that employment 
     authorizations will be determined for all individuals 
     identified as presenting their true identities through the 
     databases maintained by the Commissioner of Social Security 
     and the Secretary;
       ``(IV) to use tools and processes to detect and prevent 
     further action notices and final nonconfirmations that are 
     not correlated to fraud or identity theft;
       ``(V) to make risk-based assessments regarding the 
     reliability of a claim of identity made by an individual 
     presenting biographic information and to tailor the identity 
     determination in accordance with those assessments;
       ``(VI) to permit queries to be presented to individuals 
     subject to identity verification at the time their identities 
     are being verified in a manner that permits rapid 
     communication through the internet, mobile phone, and 
     landline telephone connections to facilitate identity 
     proofing;
       ``(VII) to generate queries that conform to the context of 
     the identity verification process and the circumstances of 
     the individual whose identity is being verified;
       ``(VIII) to use publicly available databases and databases 
     under the jurisdiction of the Commissioner of Social 
     Security, the Secretary, and the Secretary of State to 
     formulate queries to be presented to individuals

[[Page S1098]]

     whose identities are being verified, as appropriate;
       ``(IX) to not retain data collected by the System within 
     any database separate from the database in which the 
     operating system is located and to limit access to the 
     existing databases to a reference process that shields the 
     operator of the System from acquiring possession of the data 
     beyond the formulation of queries and verification of 
     responses;
       ``(X) to not permit individuals or entities using the 
     System to access any data related to the individuals whose 
     identities are being verified beyond confirmations, further 
     action notices, and final nonconfirmations of identity;
       ``(XI) to include, if feasible, a capability for permitting 
     document or other inputs that can be offered to individuals 
     and entities using the System and that may be used at the 
     option of employees to facilitate identity verification, but 
     would not be required of either employers or employees; and
       ``(XII) to the greatest extent possible, in accordance with 
     the time frames specified in this section; and

       ``(x) to provide appropriate notification directly to 
     employers registered with the System of all changes made by 
     the Secretary or the Commissioner related to allowed and 
     prohibited documents, and use of the System.
       ``(C) Safeguards to the system.--
       ``(i) Requirement to develop.--The Secretary, in 
     consultation with the Commissioner and other appropriate 
     Federal and State agencies, shall develop policies and 
     procedures to ensure protection of the privacy and security 
     of personally identifiable information and identifiers 
     contained in the records accessed or maintained by the 
     System. The Secretary, in consultation with the Commissioner 
     and other appropriate Federal and State agencies, shall 
     develop and deploy appropriate privacy and security training 
     for the Federal and State employees accessing the records 
     under the System.
       ``(ii) Privacy audits.--The Secretary, acting through the 
     Chief Privacy Officer of the Department, shall conduct 
     regular privacy audits of the policies and procedures 
     established under clause (i) and the compliance of the 
     Department with the limitations set forth in subsection 
     (c)(1)(F)(iii)(IV), including any collection, use, 
     dissemination, and maintenance of personally identifiable 
     information and any associated information technology 
     systems, as well as scope of requests for this information. 
     The Chief Privacy Officer shall review the results of the 
     audits and recommend to the Secretary any changes necessary 
     to improve the privacy protections of the program.
       ``(iii) Accuracy audits.--

       ``(I) In general.--Not later than November 30 of each year, 
     the Inspector General of the Department of Homeland Security 
     shall submit a report to the Secretary, with a copy to the 
     President of the Senate and the Speaker of the House of 
     Representatives, that sets forth the error rate of the System 
     for the previous fiscal year and the assessments required to 
     be submitted by the Secretary under subparagraphs (A) and (B) 
     of paragraph (10). The report shall describe in detail the 
     methodology employed for purposes of the report, and shall 
     make recommendations for how error rates may be reduced.
       ``(II) Error rate defined.--In this clause, the term `error 
     rate' means the percentage determined by dividing--

       ``(aa) the number of employment authorized individuals who 
     received further action notices, contested such notices, and 
     were subsequently found to be employment authorized; by
       ``(bb) the number of System inquiries submitted for 
     employment authorized individuals.

       ``(III) Error rate determination.--The audits required 
     under this clause shall--

       ``(aa) determine the error rate for identity determinations 
     pursuant to subsection (c)(1)(F) for individuals presenting 
     their true identities in the same manner and applying the 
     same standard as for employment authorization; and
       ``(bb) include recommendations, as provided in subclause 
     (I), but no reduction in fines pursuant to subclause (IV)

       ``(IV) Reduction of penalties for recordkeeping or 
     verification practices following persistent system 
     inaccuracies.--Notwithstanding subsection (e)(4)(C)(i), in 
     any calendar year following a report by the Inspector General 
     under subclause (I) that the System had an error rate higher 
     than 0.3 percent for the previous fiscal year, the civil 
     penalty assessable by the Secretary or an administrative law 
     judge under that subsection for each first-time violation by 
     an employer who has not previously been penalized under this 
     section may not exceed $1,000.

       ``(iv) Records security program.--Any person, including a 
     private third party vendor, who retains document verification 
     or System data pursuant to this section shall implement an 
     effective records security program that--

       ``(I) ensures that only authorized personnel have access to 
     document verification or System data; and
       ``(II) ensures that whenever such data is created, 
     completed, updated, modified, altered, or corrected in 
     electronic format, a secure record is created that 
     establishes the date of access, the identity of the 
     individual who accessed the electronic record, and the 
     particular action taken.

       ``(v) Records security program.--In addition to the 
     security measures described in clause (iv), a private third 
     party vendor who retains document verification or System data 
     pursuant to this section shall implement an effective records 
     security program that--

       ``(I) provides for backup and recovery of any records 
     maintained in electronic format to protect against 
     information loss, such as power interruptions; and
       ``(II) ensures that employees are trained to minimize the 
     risk of unauthorized or accidental alteration or erasure of 
     such data in electronic format.

       ``(vi) Authorized personnel defined.--In this subparagraph, 
     the term `authorized personnel' means anyone registered as a 
     System user, or anyone with partial or full responsibility 
     for completion of employment authorization verification or 
     retention of data in connection with employment authorization 
     verification on behalf of an employer.
       ``(D) Available facilities and alternative 
     accommodations.--The Secretary shall make appropriate 
     arrangements and develop standards to allow employers or 
     employees, including remote hires, who are otherwise unable 
     to access the System to use electronic and telephonic formats 
     (including video conferencing, scanning technology, and other 
     available technologies), Federal Government facilities, 
     public facilities, or other available locations in order to 
     use the System.
       ``(E) Responsibilities of the secretary.--
       ``(i) In general.--As part of the System, the Secretary 
     shall maintain a reliable, secure method, which, operating 
     through the System and within the time periods specified, 
     compares the name, alien identification or authorization 
     number, or other information as determined relevant by the 
     Secretary, provided in an inquiry against such information 
     maintained or accessed by the Secretary in order to confirm 
     (or not confirm) the validity of the information provided, 
     the correspondence of the name and number, whether the alien 
     has employment authorized status (or, to the extent that the 
     Secretary determines to be feasible and appropriate, whether 
     the records available to the Secretary verify the identity or 
     status of a national of the United States), and such other 
     information as the Secretary may prescribe.
       ``(ii) Photograph display.--As part of the System, the 
     Secretary shall establish a reliable, secure method, which, 
     operating through the System, displays the digital photograph 
     described in subparagraph (B)(viii)(I).
       ``(iii) Timing of notices.--The Secretary shall have 
     authority to prescribe when a confirmation, nonconfirmation, 
     or further action notice shall be issued.
       ``(iv) Use of information.--The Secretary shall perform 
     regular audits under the System, as described in subparagraph 
     (B)(vi) and shall use the information obtained from such 
     audits, as well as any information obtained from the 
     Commissioner pursuant to part E of title XI of the Social 
     Security Act (42 U.S.C. 1301 et seq.), for the purposes of 
     this section and to administer and enforce the immigration 
     laws.
       ``(v) Identity fraud protection.--To prevent identity 
     fraud, not later than 18 months after the date of the 
     enactment of the SECURE and SUCCEED Act, the Secretary 
     shall--

       ``(I) in consultation with the Commissioner, establish a 
     program to provide a reliable, secure method for an 
     individual to temporarily suspend or limit the use of the 
     individual's social security account number or other 
     identifying information for verification by the System; and
       ``(II) for each individual being verified through the 
     System--

       ``(aa) notify the individual that the individual has the 
     option to limit the use of the individual's social security 
     account number or other identifying information for 
     verification by the System; and
       ``(bb) provide instructions to the individuals for 
     exercising the option referred to in item (aa).
       ``(vi) Allowing parents to prevent theft of their child's 
     identity.--The Secretary, in consultation with the 
     Commissioner, shall establish a program that provides a 
     reliable, secure method by which parents or legal guardians 
     may suspend or limit the use of the social security account 
     number or other identifying information of a minor under 
     their care for the purposes of the System. The Secretary may 
     implement the program on a limited pilot program basis before 
     making it fully available to all individuals.
       ``(vii) Protection from multiple use.--The Secretary and 
     the Commissioner shall establish a procedure for identifying 
     and handling a situation in which a social security account 
     number has been identified to be subject to unusual multiple 
     use in the System or is otherwise suspected or determined to 
     have been compromised by identity fraud. Such procedure shall 
     include notifying the legitimate holder of the social 
     security number at the appropriate time.
       ``(viii) Monitoring and compliance unit.--The Secretary 
     shall establish or designate a monitoring and compliance unit 
     to detect and reduce identity fraud and other misuse of the 
     System.
       ``(ix) Civil rights and civil liberties assessments.--

       ``(I) Requirement to conduct.--The Secretary shall conduct 
     regular civil rights and civil liberties assessments of the 
     System, including participation by employers, other

[[Page S1099]]

     private entities, and Federal, State, and local government 
     entities.
       ``(II) Requirement to respond.--Employers, other private 
     entities, and Federal, State, and local entities shall timely 
     respond to any request in connection with such an assessment.
       ``(III) Assessment and recommendations.--The Officer for 
     Civil Rights and Civil Liberties of the Department shall 
     review the results of each such assessment and recommend to 
     the Secretary any changes necessary to improve the civil 
     rights and civil liberties protections of the System.

       ``(F) Grants to states.--
       ``(i) In general.--The Secretary shall create and 
     administer a grant program to help provide funding for States 
     that grant--

       ``(I) the Secretary access to driver's license information 
     as needed to confirm that a driver's license presented under 
     subsection (c)(1)(D)(i) confirms the identity of the subject 
     of the System check, and that a driver's license matches the 
     State's records; and
       ``(II) such assistance as the Secretary may request in 
     order to resolve further action notices or nonconfirmations 
     relating to such information.

       ``(ii) Construction with the driver's privacy protection 
     act of 1994.--The provision of a photograph to the Secretary 
     as described in clause (i) may not be construed as a 
     violation of section 2721 of title 18, United States Code, 
     and is a permissible use under subsection (b)(1) of that 
     section.
       ``(iii) Funding.--Of amounts in the Border Security 
     Enforcement Fund in section 1301 of the SECURE and SUCCEED 
     Act, $500,000,000 shall be available to carry out this 
     subparagraph.
       ``(G) Responsibilities of the secretary of state.--As part 
     of the System, the Secretary of State shall provide to the 
     Secretary access to passport and visa information as needed 
     to confirm that a passport, passport card, or visa presented 
     under subsection (c)(1)(C) confirms the identity of the 
     subject of the System check, and that a passport, passport 
     card, or visa photograph matches the Secretary of State's 
     records, and shall provide such assistance as the Secretary 
     may request in order to resolve further action notices or 
     nonconfirmations relating to such information.
       ``(H) Updating information.--The Commissioner, the 
     Secretary, and the Secretary of State shall update their 
     information in a manner that promotes maximum accuracy and 
     shall provide a process for the prompt correction of 
     erroneous information.
       ``(9) Limitation on use of the system.--Notwithstanding any 
     other provision of law, no department, bureau, or other 
     agency of the United States Government or any other entity 
     may use, share, or transmit any information, database, or 
     other records assembled under this subsection for any purpose 
     other than for employment verification or to ensure secure, 
     appropriate, and nondiscriminatory use of the System.
       ``(10) Annual report and certification.--Not later than 18 
     months after the promulgation of regulations to implement 
     this subsection, and annually thereafter, the Secretary shall 
     submit to Congress a report that includes the following:
       ``(A) An assessment, as submitted to the Secretary by the 
     Inspector General of the Department of Homeland Security 
     pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates 
     of further action notices and other System notices provided 
     by employers to individuals who are authorized to be employed 
     in the United States.
       ``(B) An assessment, as submitted to the Secretary by the 
     Inspector General of the Department of Homeland Security 
     pursuant to paragraph (8)(C)(iii)(I), of the accuracy rates 
     of further action notices and other System notices provided 
     directly (by the System) in a timely fashion to individuals 
     who are not authorized to be employed in the United States.
       ``(C) An assessment of any challenges faced by small 
     employers in using the System.
       ``(D) An assessment of the rate of employer noncompliance 
     (in addition to failure to provide required notices in a 
     timely fashion) in each of the following categories:
       ``(i) Taking adverse action based on a further action 
     notice.
       ``(ii) Use of the System for nonemployees or other 
     individuals before they are offered employment.
       ``(iii) Use of the System to reverify employment authorized 
     status of current employees except if authorized to do so.
       ``(iv) Use of the System selectively, except in cases in 
     which such use is authorized.
       ``(v) Use of the System to deny employment or post-
     employment benefits or otherwise interfere with labor rights.
       ``(vi) Requiring employees or applicants to use any self-
     verification feature or to provide self-verification results.
       ``(vii) Discouraging individuals who receive a further 
     action notice from challenging the further action notice or 
     appealing a determination made by the System.
       ``(E) An assessment of the rate of employee noncompliance 
     in each of the following categories:
       ``(i) Obtaining employment when unauthorized with an 
     employer complying with the System in good faith.
       ``(ii) Failure to provide required documents in a timely 
     manner.
       ``(iii) Attempting to use fraudulent documents or documents 
     not related to the individual.
       ``(iv) Misuse of the administrative appeal and judicial 
     review process.
       ``(F) An assessment of the amount of time taken for--
       ``(i) the System to provide the confirmation or further 
     action notice;
       ``(ii) individuals to contest further action notices;
       ``(iii) the System to provide a confirmation or 
     nonconfirmation of a contested further action notice;
       ``(iv) individuals to file an administrative appeal of a 
     nonconfirmation; and
       ``(v) resolving administrative appeals regarding 
     nonconfirmations.
       ``(11) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General shall, for each 
     year, undertake a study to evaluate the accuracy, efficiency, 
     integrity, and impact of the System.
       ``(B) Report.--Not later than 18 months after the 
     promulgation of regulations to implement this subsection, and 
     yearly thereafter, the Comptroller General shall submit to 
     Congress a report containing the findings of the study 
     carried out under this paragraph. Each such report shall 
     include, at a minimum, the following:
       ``(i) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within the 
     required periods, including a separate assessment of such 
     rate for naturalized United States citizens, nationals of the 
     United States, and aliens.
       ``(ii) An assessment of the privacy and confidentiality of 
     the System and of the overall security of the System with 
     respect to cybertheft and theft or misuse of private data.
       ``(iii) An assessment of whether the System is being 
     implemented in a manner that is not discriminatory or used 
     for retaliation against employees.
       ``(iv) An assessment of the most common causes for the 
     erroneous issuance of nonconfirmations by the System and 
     recommendations to correct such causes.
       ``(v) The recommendations of the Comptroller General 
     regarding System improvements.
       ``(vi) An assessment of the frequency and magnitude of 
     changes made to the System and the impact on the ability for 
     employers to comply in good faith.
       ``(vii) An assessment of the direct and indirect costs 
     incurred by employers in complying with the System, including 
     costs associated with retaining potential employees through 
     the administrative appeals process and receiving a 
     nonconfirmation.
       ``(viii) An assessment of any backlogs or delays in the 
     System providing the confirmation or further action notice 
     and impacts to hiring by employers.
       ``(ix) An assessment of the effect of the identity 
     authentication mechanism and any other security measures set 
     forth in subsection (c)(1)(F)(iv) to verify identity 
     incorporated into the System or otherwise used by employers 
     on employees.
       ``(12) Outreach and partnership.--
       ``(A) Outreach.--The Secretary may conduct outreach and 
     establish programs to assist employers in verifying 
     employment authorization and preventing identity fraud.
       ``(B) Partnership initiative.--The Secretary may establish 
     partnership initiatives between the Federal Government and 
     private sector employers to foster cooperative relationships 
     and to strengthen overall hiring practices.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     respecting potential violations of subsections (a) or (f)(1);
       ``(B) for the investigation of those complaints which the 
     Secretary deems appropriate to investigate; and
       ``(C) for providing notification to the Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice of potential violations of section 
     274B.
       ``(2) Authority in investigations.--In conducting 
     investigations and proceedings under this subsection--
       ``(A) immigration officers shall have reasonable access to 
     examine evidence of the employer being investigated;
       ``(B) immigration officers designated by the Secretary, and 
     administrative law judges and other persons authorized to 
     conduct proceedings under this section, may compel by 
     subpoena the attendance of relevant witnesses and the 
     production of relevant evidence at any designated place in an 
     investigation or case under this subsection. In case of 
     refusal to fully comply with a subpoena lawfully issued under 
     this paragraph, the Secretary may request that the Attorney 
     General apply in an appropriate district court of the United 
     States for an order requiring compliance with the subpoena, 
     and any failure to obey such order may be punished by the 
     court as contempt. Failure to cooperate with the subpoena 
     shall be subject to further penalties, including further 
     fines and the voiding of any mitigation of penalties or 
     termination of proceedings under paragraph (4)(E); and
       ``(C) the Secretary, in cooperation with the Commissioner 
     and Attorney General, and in consultation with other relevant 
     agencies, shall establish a Joint Employment Fraud Task Force 
     consisting of, at a minimum--
       ``(i) the System's compliance personnel;
       ``(ii) immigration law enforcement officers;

[[Page S1100]]

       ``(iii) personnel of the Office of Special Counsel for 
     Immigration-Related Unfair Employment Practices of the 
     Department of Justice;
       ``(iv) personnel of the Office for Civil Rights and Civil 
     Liberties of the Department; and
       ``(v) personnel of Office of Inspector General of the 
     Social Security Administration.
       ``(3) Compliance procedures.--
       ``(A) Pre-penalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a civil violation of 
     this section in the previous 3 years, the Secretary shall 
     issue to the employer concerned a written notice of the 
     Department's intention to issue a claim for a monetary or 
     other penalty. Such pre-penalty notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) disclose the material facts which establish the 
     alleged violation;
       ``(iv) describe the penalty sought to be imposed; and
       ``(v) inform such employer that such employer shall have a 
     reasonable opportunity to make representations as to why a 
     monetary or other penalty should not be imposed.
       ``(B) Employer's response.--Whenever any employer receives 
     written pre-penalty notice of a fine or other penalty in 
     accordance with subparagraph (A), the employer may, within 60 
     days from receipt of such notice, file with the Secretary its 
     written response to the notice. The response may include any 
     relevant evidence or proffer of evidence that the employer 
     wishes to present with respect to whether the employer 
     violated this section and whether, if so, the penalty should 
     be mitigated, and shall be filed and considered in accordance 
     with procedures to be established by the Secretary.
       ``(C) Right to a hearing.--Before issuance of an order 
     imposing a penalty on any employer, person, or entity, the 
     employer, person, or entity shall be entitled to a hearing 
     before an administrative law judge, if requested within 60 
     days of the notice of penalty. The hearing shall be held at 
     the nearest location practicable to the place where the 
     employer, person, or entity resides or of the place where the 
     alleged violation occurred.
       ``(D) Issuance of orders.--If no hearing is so requested, 
     the Secretary's imposition of the order shall constitute a 
     final and unappealable order. If a hearing is requested and 
     the administrative law judge determines, upon clear and 
     convincing evidence received, that there was a violation, the 
     administrative law judge shall issue the final determination 
     with a written penalty claim. The penalty claim shall specify 
     all charges in the information provided under clauses (i) 
     through (iii) of subparagraph (A) and any mitigation of the 
     penalty that the administrative law judge deems appropriate 
     under paragraph (4)(E).
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of subsection 
     (a)(1)(A) or (a)(2) shall--
       ``(i) pay a civil penalty of not less than $3,500 and not 
     more than $7,500 for each unauthorized alien with respect to 
     which each violation of either subsection (a)(1)(A) or (a)(2) 
     occurred;
       ``(ii) if the employer has previously been fined as a 
     result of a previous enforcement action or previous violation 
     under this paragraph, pay a civil penalty of not less than 
     $5,000 and not more than $15,000 for each unauthorized alien 
     with respect to which a violation of either subsection 
     (a)(1)(A) or (a)(2) occurred; and
       ``(iii) if the employer has previously been fined more than 
     once under this paragraph, pay a civil penalty of not less 
     than $10,000 and not more than $25,000 for each unauthorized 
     alien with respect to which a violation of either subsection 
     (a)(1)(A) or (a)(2) occurred.
       ``(B) Enhanced penalties.--After the Secretary certifies to 
     Congress that the System has been established, implemented, 
     and made mandatory for use by all employers in the United 
     States, the Secretary may establish an enhanced civil penalty 
     for an employer who--
       ``(i) fails to query the System to verify the identify and 
     work authorized status of an individual; and
       ``(ii) violates a Federal, State, or local law related to--

       ``(I) the payment of wages;
       ``(II) hours worked by employees; or
       ``(III) workplace health and safety.

       ``(C) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with any 
     requirement under subsection (a)(1)(B), other than a minor or 
     inadvertent failure, as determined by the Secretary, shall 
     pay a civil penalty of--
       ``(i) not less than $500 and not more than $2,000 for each 
     violation;
       ``(ii) if an employer has previously been fined under this 
     paragraph, not less than $1,000 and not more than $4,000 for 
     each violation; and
       ``(iii) if an employer has previously been fined more than 
     once under this paragraph, not less than $2,000 and not more 
     than $8,000 for each violation.
       ``(D) Other penalties.--The Secretary may impose additional 
     penalties for violations, including cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the remedy 
     provided by subsection (f)(2).
       ``(E) Mitigation.--The Secretary or, if an employer 
     requests a hearing, the administrative law judge, is 
     authorized, upon such terms and conditions as the Secretary 
     or administrative law judge deems reasonable and just and in 
     accordance with such procedures as the Secretary may 
     establish or any procedures established governing the 
     administrative law judge's assessment of penalties, to reduce 
     or mitigate penalties imposed upon employers, based upon 
     factors including, the employer's hiring volume, compliance 
     history, good-faith implementation of a compliance program, 
     the size and level of sophistication of the employer, and 
     voluntary disclosure of violations of this subsection to the 
     Secretary. The Secretary or administrative law judge shall 
     not mitigate a penalty below the minimum penalty provided by 
     this section, except that the Secretary may, in the case of 
     an employer subject to penalty for recordkeeping or 
     verification violations only who has not previously been 
     penalized under this section, in the Secretary's or 
     administrative law judge's discretion, mitigate the penalty 
     below the statutory minimum or remit it entirely. In any case 
     where a civil money penalty has been imposed on an employer 
     under section 274B for an action or omission that is also a 
     violation of this section, the Secretary or administrative 
     law judge shall mitigate any civil money penalty under this 
     section by the amount of the penalty imposed under section 
     274B.
       ``(F) Effective date.--The civil money penalty amounts and 
     the enhanced penalties provided by subparagraphs (A), (B), 
     and (C) of this paragraph and by subsection (f)(2) shall 
     apply to violations of this section committed on or after the 
     date that is 1 year after the date of the enactment of the 
     SECURE and SUCCEED Act. For violations committed prior to 
     such date of enactment, the civil money penalty amounts 
     provided by regulations implementing this section as in 
     effect the minute before such date of enactment with respect 
     to knowing hiring or continuing employment, verification, or 
     indemnity bond violations, as appropriate, shall apply.
       ``(5) Order of internal review and certification of 
     compliance.--
       ``(A) Employer compliance.--If the Secretary has reasonable 
     cause to believe that an employer has failed to comply with 
     this section, the Secretary is authorized, at any time, to 
     require that the employer certify that it is in compliance 
     with this section, or has instituted a program to come into 
     compliance.
       ``(B) Employer certification.--
       ``(i) Requirement.--Except as provided in subparagraph (C), 
     not later than 60 days after receiving a notice from the 
     Secretary requiring a certification under subparagraph (A), 
     an official with responsibility for, and authority to bind 
     the company on, all hiring and immigration compliance notices 
     shall certify under penalty of perjury that the employer is 
     in conformance with the requirements of paragraphs (1) 
     through (4) of subsection (c), pertaining to document 
     verification requirements, and with subsection (d), 
     pertaining to the System (once the System is implemented with 
     respect to that employer according to the requirements under 
     subsection (d)(2)), and with any additional requirements that 
     the Secretary may promulgate by regulation pursuant to 
     subsection (c) or (d) or that the employer has instituted a 
     program to come into compliance with these requirements.
       ``(ii) Application.--Clause (i) shall not apply until the 
     date that the Secretary certifies to Congress that the System 
     has been established, implemented, and made mandatory for use 
     by all employers in the United States.
       ``(C) Extension of deadline.--At the request of the 
     employer, the Secretary may extend the 60-day deadline for 
     good cause.
       ``(D) Standards or methods.--The Secretary is authorized to 
     publish in the Federal Register standards or methods for such 
     certification, require specific recordkeeping practices with 
     respect to such certifications, and audit the records thereof 
     at any time. This authority shall not be construed to 
     diminish or qualify any other penalty provided by this 
     section.
       ``(6) Requirements for review of a final determination.--
     With respect to judicial review of a final determination or 
     penalty order issued under paragraph (3)(D), the following 
     requirements apply:
       ``(A) Deadline.--The petition for review must be filed no 
     later than 30 days after the date of the final determination 
     or penalty order issued under paragraph (3)(D).
       ``(B) Venue and forms.--The petition for review shall be 
     filed with the court of appeals for the judicial circuit 
     where the employer's principal place of business was located 
     when the final determination or penalty order was made. The 
     record and briefs do not have to be printed. The court shall 
     review the proceeding on a typewritten or electronically 
     filed record and briefs.
       ``(C) Service.--The respondent is the Secretary. In 
     addition to serving the respondent, the petitioner shall 
     serve the Attorney General.
       ``(D) Petitioner's brief.--The petitioner shall serve and 
     file a brief in connection with a petition for judicial 
     review not later than 40 days after the date on which the 
     administrative record is available, and may serve and file a 
     reply brief not later than 14 days after service of the brief 
     of the respondent, and the court may not extend these 
     deadlines, except for good cause shown. If a petitioner fails 
     to file a brief within the time

[[Page S1101]]

     provided in this paragraph, the court shall dismiss the 
     appeal unless a manifest injustice would result.
       ``(E) Scope and standard for review.--The court of appeals 
     shall conduct a de novo review of the administrative record 
     on which the final determination was based and any additional 
     evidence that the Court finds was previously unavailable at 
     the time of the administrative hearing.
       ``(F) Exhaustion of administrative remedies.--A court may 
     review a final determination under paragraph (3)(C) only if--
       ``(i) the petitioner has exhausted all administrative 
     remedies available to the petitioner as of right, including 
     any administrative remedies established by regulation; and
       ``(ii) another court has not decided the validity of the 
     order, unless the reviewing court finds that the petition 
     presents grounds that could not have been presented in the 
     prior judicial proceeding or that the remedy provided by the 
     prior proceeding was inadequate or ineffective to test the 
     validity of the order.
       ``(G) Enforcement of orders.--If the final determination 
     issued against the employer under this subsection is not 
     subjected to review as provided in this paragraph, the 
     Attorney General, upon request by the Secretary, may bring a 
     civil action to enforce compliance with the final 
     determination in any appropriate district court of the United 
     States. The court, on a proper showing, shall issue a 
     temporary restraining order or a preliminary or permanent 
     injunction requiring that the employer comply with the final 
     determination issued against that employer under this 
     subsection. In any such civil action, the validity and 
     appropriateness of the final determination shall not be 
     subject to review.
       ``(7) Creation of lien.--If any employer liable for a fee 
     or penalty under this section neglects or refuses to pay such 
     liability after demand and fails to file a petition for 
     review (if applicable) as provided in paragraph (6), the 
     amount of the fee or penalty shall be a lien in favor of the 
     United States on all property and rights to property, whether 
     real or personal, belonging to such employer. If a petition 
     for review is filed as provided in paragraph (6), the lien 
     shall arise upon the entry of a final judgment by the court. 
     The lien continues for 20 years or until the liability is 
     satisfied, remitted, set aside, or terminated.
       ``(8) Filing notice of lien.--
       ``(A) Place for filing.--The notice of a lien referred to 
     in paragraph (7) shall be filed as described in 1 of the 
     following:
       ``(i) Under state laws.--

       ``(I) Real property.--In the case of real property, in 1 
     office within the State (or the county, or other governmental 
     subdivision), as designated by the laws of such State, in 
     which the property subject to the lien is situated.
       ``(II) Personal property.--In the case of personal 
     property, whether tangible or intangible, in 1 office within 
     the State (or the county, or other governmental subdivision), 
     as designated by the laws of such State, in which the 
     property subject to the lien is situated, except that State 
     law merely conforming to or reenacting Federal law 
     establishing a national filing system does not constitute a 
     second office for filing as designated by the laws of such 
     State.

       ``(ii) With clerk of district court.--In the office of the 
     clerk of the United States district court for the judicial 
     district in which the property subject to the lien is 
     situated, whenever the State has not by law designated 1 
     office which meets the requirements of clause (i).
       ``(iii) With recorder of deeds of the district of 
     columbia.--In the office of the Recorder of Deeds of the 
     District of Columbia, if the property subject to the lien is 
     situated in the District of Columbia.
       ``(B) Situs of property subject to lien.--For purposes of 
     subparagraph (A), property shall be deemed to be situated as 
     follows:
       ``(i) Real property.--In the case of real property, at its 
     physical location.
       ``(ii) Personal property.--In the case of personal 
     property, whether tangible or intangible, at the residence of 
     the taxpayer at the time the notice of lien is filed.
       ``(C) Determination of residence.--For purposes of 
     subparagraph (B)(ii), the residence of a corporation or 
     partnership shall be deemed to be the place at which the 
     principal executive office of the business is located, and 
     the residence of a taxpayer whose residence is outside the 
     United States shall be deemed to be in the District of 
     Columbia.
       ``(D) Effect of filing notice of lien.--
       ``(i) In general.--Upon filing of a notice of lien in the 
     manner described in this paragraph, the lien shall be valid 
     against any purchaser, holder of a security interest, 
     mechanic's lien, or judgment lien creditor, except with 
     respect to properties or transactions specified in subsection 
     (b), (c), or (d) of section 6323 of the Internal Revenue Code 
     of 1986 for which a notice of tax lien properly filed on the 
     same date would not be valid.
       ``(ii) Notice of lien.--The notice of lien shall be 
     considered a notice of lien for taxes payable to the United 
     States for the purpose of any State or local law providing 
     for the filing of a notice of a tax lien. A notice of lien 
     that is registered, recorded, docketed, or indexed in 
     accordance with the rules and requirements relating to 
     judgments of the courts of the State where the notice of lien 
     is registered, recorded, docketed, or indexed shall be 
     considered for all purposes as the filing prescribed by this 
     section.
       ``(iii) Other provisions.--The provisions of section 
     3201(e) of title 28, United States Code, shall apply to liens 
     filed as prescribed by this paragraph.
       ``(E) Enforcement of a lien.--A lien obtained through this 
     paragraph shall be considered a debt as defined by section 
     3002 of title 28, United States Code and enforceable pursuant 
     to chapter 176 of such title.
       ``(9) Attorney general adjudication.--The Attorney General 
     shall have jurisdiction to adjudicate administrative 
     proceedings under this subsection. Such proceedings shall be 
     conducted in accordance with requirements of section 554 of 
     title 5, United States Code.
       ``(f) Criminal and Civil Penalties and Injunctions.--
       ``(1) Prohibition of indemnity bonds.--It is unlawful for 
     an employer, in the hiring of any individual, to require the 
     individual to post a bond or security, to pay or agree to pay 
     an amount, or otherwise to provide a financial guarantee or 
     indemnity, against any potential liability arising under this 
     section relating to such hiring of the individual.
       ``(2) Civil penalty.--Any employer who is determined, after 
     notice and opportunity for mitigation of the monetary penalty 
     under subsection (e), to have violated paragraph (1) shall be 
     subject to a civil penalty of $10,000 for each violation and 
     to an administrative order requiring the return of any 
     amounts received in violation of such paragraph to the 
     employee or, if the employee cannot be located, to the 
     general fund of the Treasury.
       ``(g) Government Contracts.--
       ``(1) Contractors and recipients.--Whenever an employer who 
     is a Federal contractor (meaning an employer who holds a 
     Federal contract, grant, or cooperative agreement, or 
     reasonably may be expected to submit an offer for or be 
     awarded a government contract) is determined by the Secretary 
     to have violated this section on more than 3 occasions or is 
     convicted of a crime under this section, the employer shall 
     be considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the procedures and standards and for the periods 
     prescribed by the Federal Acquisition Regulation. However, 
     any administrative determination of liability for civil 
     penalty by the Secretary or the Attorney General shall not be 
     reviewable in any debarment proceeding.
       ``(2) Inadvertent violations.--Inadvertent violations of 
     recordkeeping or verification requirements, in the absence of 
     any other violations of this section, shall not be a basis 
     for determining that an employer is a repeat violator for 
     purposes of this subsection.
       ``(3) Other remedies available.--Nothing in this subsection 
     shall be construed to modify or limit any remedy available to 
     any agency or official of the Federal Government for 
     violation of any contractual requirement to participate in 
     the System, as provided in the final rule relating to 
     employment eligibility verification published in the Federal 
     Register on November 14, 2008 (73 Fed. Reg. 67,651), or any 
     similar subsequent regulation.
       ``(h) Preemption.--The provisions of this section preempt 
     any State or local law, ordinance, policy, or rule, including 
     any criminal or civil fine or penalty structure, relating to 
     the hiring, continued employment, or status verification for 
     employment eligibility purposes, of unauthorized aliens. A 
     State, locality, municipality, or political subdivision may 
     exercise its authority over business licensing and similar 
     laws as a penalty for failure to use the System.
       ``(i) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Comprehensive 
     Immigration Reform Trust Fund established under section 
     6(a)(1) of the SECURE and SUCCEED Act.
       ``(j) Challenges to Validity of the System.--
       ``(1) In general.--Any right, benefit, or claim not 
     otherwise waived or limited pursuant to this section is 
     available in an action instituted in the United States 
     District Court for the District of Columbia, but shall be 
     limited to determinations of--
       ``(A) whether this section, or any regulation issued to 
     implement this section, violates the Constitution of the 
     United States; or
       ``(B) whether such a regulation issued by or under the 
     authority of the Secretary to implement this section, is 
     contrary to applicable provisions of this section or was 
     issued in violation of chapter 5 of title 5, United States 
     Code.
       ``(2) Deadlines for bringing actions.--Any action 
     instituted under this subsection must be filed no later than 
     180 days after the date the challenged section or regulation 
     described in subparagraph (A) or (B) of paragraph (1) becomes 
     effective. No court shall have jurisdiction to review any 
     challenge described in subparagraph (B) after the time period 
     specified in this subsection expires.
       ``(k) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Pattern and practice.--Any employer who engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined under title 18, United 
     States Code, no more than $10,000 for each unauthorized alien 
     with respect to whom such violation occurs, imprisoned for 
     not more than 2 years for the entire pattern or practice, or 
     both.
       ``(2) Term of imprisonment.--The maximum term of 
     imprisonment of a person convicted of any criminal offense 
     under the United States Code shall be increased by 5 years if 
     the offense is committed as part of

[[Page S1102]]

     a pattern or practice of violations of subsection (a)(1)(A) 
     or (a)(2).
       ``(3) Enjoining of pattern or practice violations.--
     Whenever the Secretary or the Attorney General has reasonable 
     cause to believe that an employer is engaged in a pattern or 
     practice of employment in violation of subsection (a)(1)(A) 
     or (a)(2), the Attorney General may bring a civil action in 
     the appropriate district court of the United States 
     requesting such relief, including a permanent or temporary 
     injunction, restraining order, or other order against the 
     employer, as the Secretary or Attorney General deems 
     necessary.
       ``(l) Criminal Penalties for Unlawful and Abusive 
     Employment.--
       ``(1) In general.--Any person who, during any 12-month 
     period, knowingly employs or hires, employs, recruits, or 
     refers for a fee for employment 10 or more individuals within 
     the United States who are under the control and supervision 
     of such person--
       ``(A) knowing that the individuals are unauthorized aliens; 
     and
       ``(B) under conditions that violate section 5(a) of the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 654(a) 
     (relating to occupational safety and health), section 6 or 7 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 
     207) (relating to minimum wages and maximum hours of 
     employment), section 3142 of title 40, United States Code, 
     (relating to required wages on construction contracts), or 
     sections 6703 or 6704 of title 41, United States Code, 
     (relating to required wages on service contracts),
     shall be fined under title 18, United States Code, or 
     imprisoned for not more than 10 years, or both.
       ``(2) Attempt and conspiracy.--Any person who attempts or 
     conspires to commit any offense under this section shall be 
     punished in the same manner as a person who completes the 
     offense.
       ``(m) Limitation on Adjustment of Status.--The Secretary 
     may not adjust the status of aliens who have been granted 
     registered provisional immigrant status, except for aliens 
     granted blue card status as described in section 245D(b), 
     unless the Secretary, after consultation with the Comptroller 
     General of the United States, certifies in writing to the 
     President and Congress that the Secretary has implemented the 
     System, including the full incorporation of the photo tool 
     and additional security measures, required by this section, 
     and has required the use of the System by all employers to 
     prevent unauthorized workers from obtaining employment in the 
     United States.''.
       (b) Report on Use of the System in the Agricultural 
     Industry.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Agriculture, shall submit a report to 
     Congress that assesses implementation of the Employment 
     Verification System established under section 274A(d) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a), in the agricultural industry, including the use of such 
     System technology in agriculture industry hiring processes, 
     user, contractor, and third-party employer agent employment 
     practices, timing and logistics regarding employment 
     verification and reverification processes to meet agriculture 
     industry practices, and identification of potential 
     challenges and modifications to meet the unique needs of the 
     agriculture industry. Such report shall review--
       (1) the modality of access, training and outreach, customer 
     support, processes for further action notices and secondary 
     verifications for short-term workers, monitoring, and 
     compliance procedures for such System;
       (2) the interaction of such System with the process to 
     admit nonimmigrant workers pursuant to section 218 or 218A of 
     the Immigration and Nationality Act (8 U.S.C. 1188 et seq.) 
     and with enforcement of the immigration laws; and
       (3) the collaborative use of processes of other Federal and 
     State agencies that intersect with the agriculture industry.
       (c) Report on Impact of the System on Employers.--Not later 
     than 18 months after the date of the enactment of this Act, 
     the Secretary shall submit to Congress a report that 
     assesses--
       (1) the implementation of the Employment Verification 
     System established under section 274A(d) of the Immigration 
     and Nationality Act, as amended by subsection (a), by 
     employers;
       (2) any adverse impact on the revenues, business processes, 
     or profitability of employers required to use such System; 
     and
       (3) the economic impact of such System on small businesses.
       (d) Government Accountability Office Study of the Effects 
     of Document Requirements on Employment Authorized Persons and 
     Employers.--
       (1) Study.--The Comptroller General of the United States 
     shall carry out a study of--
       (A) the effects of the documentary requirements of section 
     274A of the Immigration and Nationality Act, as amended by 
     subsection (a), on employers, naturalized United States 
     citizens, nationals of the United States, and individuals 
     with employment authorized status; and
       (B) the challenges such employers, citizens, nationals, or 
     individuals may face in obtaining the documentation required 
     under that section.
       (2) Report.--Not later than 4 years after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report containing the findings of the study 
     carried out under paragraph (1). Such report shall include, 
     at a minimum, the following:
       (A) An assessment of available information regarding the 
     number of working age nationals of the United States and 
     individuals who have employment authorized status who lack 
     documents required for employment by such section 274A.
       (B) A description of the additional steps required for 
     individuals who have employment authorized status and do not 
     possess the documents required by such section 274A to obtain 
     such documents.
       (C) A general assessment of the average financial costs for 
     individuals who have employment authorized status who do not 
     possess the documents required by such section 274A to obtain 
     such documents.
       (D) A general assessment of the average financial costs and 
     challenges for employers who have been required to 
     participate in the Employment Verification System established 
     by subsection (d) of such section 274A.
       (E) A description of the barriers to individuals who have 
     employment authorized status in obtaining the documents 
     required by such section 274A, including barriers imposed by 
     the executive branch of the Government.
       (F) Any particular challenges facing individuals who have 
     employment authorized status who are members of a federally 
     recognized Indian tribe in complying with the provisions of 
     such section 274A.
       (e) Repeal of Pilot Programs and e-verify and Transition 
     Procedures.--
       (1) Repeal.--Sections 401, 402, 403, 404, and 405 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a 
     note) are repealed.
       (2) Transition procedures.--
       (A) Continuation of e-verify program.--Notwithstanding the 
     repeals made by paragraph (1), the Secretary shall continue 
     to operate the E-Verify Program as described in section 403 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note), as in effect the minute before the date 
     of the enactment of this Act, until the transition to the 
     System described in section 274A(d) of the Immigration and 
     Nationality Act, as amended by subsection (a), is determined 
     by the Secretary to be complete.
       (B) Transition to the system.--Any employer who was 
     participating in the E-Verify Program described in section 
     403 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note), as in effect the minute before the date 
     of the enactment of this Act, shall participate in the System 
     described in section 274A(d) of the Immigration and 
     Nationality Act, as amended by subsection (a), to the same 
     extent and in the same manner that the employer participated 
     in such E-Verify Program.
       (3) Construction.--The repeal made by paragraph (1) may not 
     be construed to limit the authority of the Secretary to allow 
     or continue to allow the participation in such System of 
     employers who have participated in such E-Verify Program, as 
     in effect on the minute before the date of the enactment of 
     this Act.
       (f) Conforming Amendment.--Section 274(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324(a)) is 
     amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).
       (g) Taxpayer Address Information.--Section 6103(m) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:
       ``(8) Taxpayer address information furnished to secretary 
     of homeland security.--Upon written request from the 
     Secretary of Homeland Security, the Secretary shall disclose 
     the mailing address of any taxpayer who is entitled to 
     receive a notification from the Secretary of Homeland 
     Security pursuant to paragraphs (1)(C) and (8)(E)(vii) of 
     section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) for use only by employees of the Department 
     of Homeland for the purpose of mailing such notification to 
     such taxpayer.''.
       (h) Social Security Account Statements.--Section 1143(a)(2) 
     of the Social Security Act (8 U.S.C. 1320b-13(a)(2)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) to the extent resources are available, information in 
     the Commissioner's records indicating that a query was 
     submitted to the employment verification system established 
     under section 274A(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(d)) under that individual's name or social 
     security number; and
       ``(G) a toll-free telephone number operated by the 
     Department of Homeland Security for employment verification 
     system inquiries and a link to self-verification procedure 
     established under section 274A(d)(4)(I) of such Act (8 U.S.C. 
     1324a(d)(4)(I)).''.
       (i) Good Faith Compliance.--Section 274B(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324b(a)) is 
     amended by adding at the end the following:
       ``(7) Treatment of certain violations after reasonable 
     steps in good faith.--Notwithstanding paragraphs (4) and (6), 
     a person, other entity, or employment agency

[[Page S1103]]

     shall not be liable for civil penalties described in 
     subsection (g)(2)(B)(iv) that are related to a violation of 
     any such paragraph if the person, entity, or employment 
     agency has taken reasonable steps, in good faith, to comply 
     with such paragraphs at issue, unless the person, other 
     entity, or employment agency--
       ``(A) was, for similar conduct, subject to--
       ``(i) a reasonable cause determination by the Office of 
     Special Counsel for Immigration Related Unfair Employment 
     Practices; or
       ``(ii) a finding by an administrative law judge that a 
     violation of this section has occurred.
       ``(8) Rules of construction.--Nothing in this section may 
     be construed--
       ``(A) to permit the Office of Special Counsel for 
     Immigration-Related Unfair Employment Practices or an 
     administrative law judge hearing a claim under this Section 
     to enforce any workplace rights other than those guaranteed 
     under this section; or
       ``(B) to prohibit any person, other entity, or employment 
     agency from using an identity verification system, service, 
     or method (in addition to the employment verification system 
     described in section 274A(d)), until the date on which the 
     employer is required to participate in the System under 
     section 274A(d)(2) and the additional security measures 
     mandated by section 274A(c)(F)(iv) have become available to 
     verify the identity of a newly hired employee, if such 
     system--
       ``(i) is used in a uniform manner for all newly hired 
     employees;
       ``(ii) is not used for the purpose or with the intent of 
     discriminating against any individual;
       ``(iii) provides for timely notice to employees run through 
     the system of a mismatch or failure to confirm identity; and
       ``(iv) sets out procedures for employees run through the 
     system to resolve a mismatch or other failure to confirm 
     identity.
       ``(j) Maintenance of Reasonable Levels of Service and 
     Enforcement.--Amounts available in the Border Security 
     Enforcement Fund under section 1301 of the SECURE and SUCCEED 
     Act shall be available to maintain reasonable levels of 
     service and enforcement rather than a specific numeric 
     increase in the number of Department personnel dedicated to 
     administering the Employment Verification System.''.

     SEC. 2002. INCREASING SECURITY AND INTEGRITY OF SOCIAL 
                   SECURITY CARDS.

       (a) Fraud-resistant, Tamper-resistant, Wear-resistant, and 
     Identity Theft-resistant Social Security Cards.--
       (1) Issuance.--
       (A) Preliminary work.--Not later than 180 days after the 
     date of the enactment of this Act, the Commissioner of Social 
     Security shall begin work to administer and issue fraud-
     resistant, tamper-resistant, wear-resistant, and identity 
     theft-resistant social security cards.
       (B) Completion.--Not later than 5 years after the date of 
     the enactment of this Act, the Commissioner of Social 
     Security shall issue only social security cards determined to 
     be fraud-resistant, tamper-resistant, wear-resistant, and 
     identity theft-resistant.
       (2) Amendment.--
       (A) In general.--Section 205(c)(2)(G) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(G)) is amended by striking 
     the second sentence and inserting the following: ``The social 
     security card shall be fraud-resistant, tamper-resistant, 
     wear-resistant, and identity theft-resistant.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect on the date that is 5 years after the date 
     of the enactment of this Act.
       (3) Funding.--From amounts in the Border Security 
     Enforcement Funds under section 1301, there shall be 
     available such sums as may be necessary to carry out this 
     section and the amendments made by this section.
       (b) Multiple Cards.--Section 205(c)(2)(G) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(G)), as amended by 
     subsection (a)(2), is amended--
       (1) by inserting ``(i)'' after ``(G)''; and
       (2) by adding at the end the following:
       ``(ii) The Commissioner of Social Security shall restrict 
     the issuance of multiple replacement social security cards to 
     any individual to 3 per year and 10 for the life of the 
     individual, except that the Commissioner may allow for 
     reasonable exceptions from the limits under this clause on a 
     case-by-case basis in compelling circumstances.''.
       (c) Criminal Penalties.--
       (1) Social security fraud.--
       (A) In general.--Chapter 47 of title 18, United States 
     Code, is amended by inserting at the end the following:

     ``Sec. 1041. Social Security fraud

       ``Any person who--
       ``(1) knowingly possesses or uses a social security account 
     number or social security card knowing that the number or 
     card was obtained from the Commissioner of Social Security by 
     means of fraud or false statement;
       ``(2) knowingly and falsely represents a number to be the 
     social security account number assigned by the Commissioner 
     of Social Security to him or her or to another person, when 
     such number is known not to be the social security account 
     number assigned by the Commissioner of Social Security to him 
     or her or to such other person;
       ``(3) knowingly, and without lawful authority, buys, sells, 
     or possesses with intent to buy or sell a social security 
     account number or a social security card that is or purports 
     to be a number or card issued by the Commissioner of Social 
     Security;
       ``(4) knowingly alters, counterfeits, forges, or falsely 
     makes a social security account number or a social security 
     card;
       ``(5) knowingly uses, distributes, or transfers a social 
     security account number or a social security card knowing the 
     number or card to be intentionally altered, counterfeited, 
     forged, falsely made, or stolen; or
       ``(6) without lawful authority, knowingly produces or 
     acquires for any person a social security account number, a 
     social security card, or a number or card that purports to be 
     a social security account number or social security card,
     shall be fined under this title, imprisoned not more than 5 
     years, or both.''.
       (B) Table of sections amendment.--The table of sections for 
     chapter 47 of title 18, United States Code, is amended by 
     adding after the item relating to section 1040 the following:

``1041. Social Security fraud.''.
       (2) Information disclosure.--
       (A) In general.--Notwithstanding any other provision of law 
     and subject to subparagraph (B), the Commissioner of Social 
     Security shall disclose for the purpose of investigating a 
     violation of section 1041 of title 18, United States Code, or 
     section 274A, 274B, or 274C of the Immigration and 
     Nationality Act (8 U.S.C. 1324a, 1324b, and 1324c), after 
     receiving a written request from an officer in a supervisory 
     position or higher official of any Federal law enforcement 
     agency, the following records of the Social Security 
     Administration:
       (i) Records concerning the identity, address, location, or 
     financial institution accounts of the holder of a social 
     security account number or social security card.
       (ii) Records concerning the application for and issuance of 
     a social security account number or social security card.
       (iii) Records concerning the existence or nonexistence of a 
     social security account number or social security card.
       (B) Limitation.--The Commissioner of Social Security shall 
     not disclose any tax return or tax return information 
     pursuant to subparagraph (A) except as authorized by section 
     6103 of the Internal Revenue Code of 1986.

     SEC. 2003. INCREASING SECURITY AND INTEGRITY OF IMMIGRATION 
                   DOCUMENTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Secretary shall submit a report to Congress on 
     the feasibility, advantages, and disadvantages of including, 
     in addition to a photograph, other biometric information on 
     each employment authorization document issued by the 
     Department.

     SEC. 2004. RESPONSIBILITIES OF THE SOCIAL SECURITY 
                   ADMINISTRATION.

       Title XI of the Social Security Act (42 U.S.C. 1301 et 
     seq.) is amended by adding at the end the following new part:

                   ``PART E--EMPLOYMENT VERIFICATION

     ``SEC. 1186. RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL 
                   SECURITY.

       ``(a) Confirmation of Employment Verification Data.--As 
     part of the employment verification system established by the 
     Secretary of Homeland Security under the provisions of 
     section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) (in this section referred to as the `System'), the 
     Commissioner of Social Security shall, subject to the 
     provisions of section 274A(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(d)), establish a reliable, 
     secure method that, operating through the System and within 
     the time periods specified in section 274A(d) of such Act--
       ``(1) compares the name, date of birth, social security 
     account number, and available citizenship information 
     provided in an inquiry against such information maintained by 
     the Commissioner in order to confirm (or not confirm) the 
     validity of the information provided regarding an individual 
     whose identity and employment eligibility must be confirmed;
       ``(2) determines the correspondence of the name, date of 
     birth, and number;
       ``(3) determines whether the name and number belong to an 
     individual who is deceased according to the records 
     maintained by the Commissioner;
       ``(4) determines whether an individual is a national of the 
     United States, as defined in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
       ``(5) determines whether the individual has presented a 
     social security account number that is not valid for 
     employment.
       ``(b) Prohibition.--The System shall not disclose or 
     release social security information to employers through the 
     confirmation system (other than such confirmation or 
     nonconfirmation, information provided by the employer to the 
     System, or the reason for the issuance of a further action 
     notice).''.

     SEC. 2005. IMPROVED PROHIBITION ON DISCRIMINATION BASED ON 
                   NATIONAL ORIGIN OR CITIZENSHIP STATUS.

       (a) In General.--Section 274B(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1324b(a)) is amended to read as 
     follows:
       ``(a) Prohibition on Discrimination Based on National 
     Origin or Citizenship Status.--
       ``(1) Prohibition on discrimination generally.--It is an 
     unfair immigration-related employment practice for a person, 
     other entity, or employment agency, to discriminate

[[Page S1104]]

     against any individual (other than an unauthorized alien 
     defined in section 274A(b)) because of such individual's 
     national origin or citizenship status, with respect to the 
     following:
       ``(A) The hiring of the individual for employment.
       ``(B) The verification of the individual's eligibility to 
     work in the United States.
       ``(C) The discharging of the individual from employment.
       ``(2) Exceptions.--Paragraph (1) shall not apply to the 
     following:
       ``(A) A person, other entity, or employer that employs 3 or 
     fewer employees, except for an employment agency.
       ``(B) A person's or entity's discrimination because of an 
     individual's national origin if the discrimination with 
     respect to that employer, person, or entity and that 
     individual is covered under section 703 of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000e-2), unless the discrimination is 
     related to an individual's verification of employment 
     authorization.
       ``(C) Discrimination because of citizenship status which--
       ``(i) is otherwise required in order to comply with a 
     provision of Federal, State, or local law related to law 
     enforcement;
       ``(ii) is required by Federal Government contract; or
       ``(iii) the Secretary or Attorney General determines to be 
     essential for an employer to do business with an agency or 
     department of the Federal Government or a State, local, or 
     tribal government.
       ``(3) Additional exception providing right to prefer 
     equally qualified citizens.--Notwithstanding any other 
     provision of this section, it is not an unfair immigration-
     related employment practice for an employer (as defined in 
     section 274A(b)) to prefer to hire, recruit, or refer for a 
     fee an individual who is a citizen or national of the United 
     States over another individual who is an alien if the 2 
     individuals are equally qualified.
       ``(4) Unfair immigration-related employment practices 
     relating to the system.--It is also an unfair immigration-
     related employment practice for a person, other entity, or 
     employment agency--
       ``(A) to discharge or constructively discharge an 
     individual solely due to a further action notice issued by 
     the Employment Verification System created by section 274A 
     until the administrative appeal described in section 
     274A(d)(6) is completed;
       ``(B) to use the System with regard to any person for any 
     purpose except as authorized by section 274A(d);
       ``(C) to use the System to reverify the employment 
     authorization of a current employee, including an employee 
     continuing in employment, other than reverification upon 
     expiration of employment authorization, or as otherwise 
     authorized under section 274A(d) or by regulation;
       ``(D) to use the System selectively for employees, except 
     where authorized by law;
       ``(E) to fail to provide to an individual any notice 
     required in section 274A(d) within the relevant time period;
       ``(F) to use the System to deny workers' employment or 
     post-employment benefits;
       ``(G) to misuse the System to discriminate based on 
     national origin or citizenship status;
       ``(H) to require an employee or prospective employee to use 
     any self-verification feature of the System or provide, as a 
     condition of application or employment, any self-verification 
     results;
       ``(I) to use an immigration status verification system, 
     service, or method other than those described in section 274A 
     for purposes of verifying employment eligibility; or
       ``(J) to grant access to document verification or System 
     data, to any individual or entity other than personnel 
     authorized to have such access, or to fail to take reasonable 
     safeguards to protect against unauthorized loss, use, 
     alteration, or destruction of System data.
       ``(5) Prohibition of intimidation or retaliation.--It is 
     also an unfair immigration-related employment practice for a 
     person, other entity, or employment agency to intimidate, 
     threaten, coerce, or retaliate against any individual--
       ``(A) for the purpose of interfering with any right or 
     privilege secured under this section; or
       ``(B) because the individual intends to file or has filed a 
     charge or a complaint, testified, assisted, or participated 
     in any manner in an investigation, proceeding, or hearing 
     under this section.
       ``(6) Treatment of certain documentary practices as 
     employment practices.--A person's, other entity's, or 
     employment agency's request, for purposes of verifying 
     employment eligibility, for more or different documents than 
     are required under section 274A, or for specific documents, 
     or refusing to honor documents tendered that reasonably 
     appear to be genuine shall be treated as an unfair 
     immigration-related employment practice.
       ``(7) Prohibition of withholding employment records.--It is 
     an unfair immigration-related employment practice for an 
     employer that is required under Federal, State, or local law 
     to maintain records documenting employment, including dates 
     or hours of work and wages received, to fail to provide such 
     records to any employee upon request.
       ``(8) Professional, commercial, and business licenses.--An 
     individual who is authorized to be employed in the United 
     States may not be denied a professional, commercial, or 
     business license on the basis of his or her immigration 
     status.
       ``(9) Employment agency defined.--In this section, the term 
     `employment agency' means any employer, person, or entity 
     regularly undertaking with or without compensation to procure 
     employees for an employer or to procure for employees 
     opportunities to work for an employer and includes an agent 
     of such employer, person, or entity.''.
       (b) Referral by EEOC.--Section 274B(b)of the Immigration 
     and Nationality Act (8 U.S.C. 1324b(b)) is amended by adding 
     at the end the following:
       ``(3) Referral by eeoc.--The Equal Employment Opportunity 
     Commission shall refer all matters alleging immigration-
     related unfair employment practices filed with the 
     Commission, including those alleging violations of paragraphs 
     (1), (4), (5), and (6) of subsection (a) to the Special 
     Counsel for Immigration-Related Unfair Employment Practices 
     of the Department of Justice.''.
       (c) Authorization of Appropriations.--Section 274B(l)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324b(l)(3)) is 
     amended by striking the period at the end and inserting ``and 
     an additional $40,000,000 for each of fiscal years 2019 
     through 2021.''.
       (d) Fines.--
       (1) In general.--Section 274B(g)(2)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended by 
     striking clause (iv) and inserting the following:
       ``(iv) to pay any applicable civil penalties prescribed 
     below, the amounts of which may be adjusted periodically to 
     account for inflation as provided by law--

       ``(I) except as provided in subclauses (II) through (IV), 
     to pay a civil penalty of not less than $2,000 and not more 
     than $5,000 for each individual subjected to an unfair 
     immigration-related employment practice;
       ``(II) except as provided in subclauses (III) and (IV), in 
     the case of an employer, person, or entity previously subject 
     to a single order under this paragraph, to pay a civil 
     penalty of not less than $4,000 and not more than $10,000 for 
     each individual subjected to an unfair immigration-related 
     employment practice;
       ``(III) except as provided in subclause (IV), in the case 
     of an employer, person, or entity previously subject to more 
     than 1 order under this paragraph, to pay a civil penalty of 
     not less than $8,000 and not more than $25,000 for each 
     individual subjected to an unfair immigration-related 
     employment practice; and
       ``(IV) in the case of an unfair immigration-related 
     employment practice described in paragraphs (4) through (7) 
     of subsection (a), to pay a civil penalty of not less than 
     $500 and not more than $2,000 for each individual subjected 
     to an unfair immigration-related employment practice.''.

       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act and apply to violations 
     occurring on or after such date of enactment.

     SEC. 2006. RULEMAKING.

       (a) Interim Final Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act--
       (A) the Secretary, shall issue regulations implementing 
     sections 2001, 2002, and 2005 and the amendments made by such 
     sections (except for section 274A(d)(7) of the Immigration 
     and Nationality Act); and
       (B) the Attorney General shall issue regulations 
     implementing section 274A(d)(7) of the Immigration and 
     Nationality Act, as added by section 2001 the amendments made 
     by such section.
       (2) Effective date.--Regulations issued pursuant to 
     paragraph (1) shall be effective immediately on an interim 
     basis, but are subject to change and revision after public 
     notice and opportunity for a period for public comment.
       (b) Final Regulations.--Within a reasonable time after 
     publication of the interim regulations under subsection (a), 
     the Secretary, in consultation with the Commissioner of 
     Social Security and the Attorney General, shall publish final 
     regulations implementing this title.

     SEC. 2007. OFFICE OF THE SMALL BUSINESS AND EMPLOYEE 
                   ADVOCATE.

       (a) Establishment of Small Business and Employee 
     Advocate.--The Secretary shall establish and maintain within 
     U.S. Citizenship and Immigration Services the Office of the 
     Small Business and Employee Advocate (in this section 
     referred to as the ``Office''). The purpose of the Office 
     shall be to assist small businesses and individuals in 
     complying with the requirements of section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a), as amended 
     by this Act, including the resolution of conflicts arising in 
     the course of attempted compliance with such requirements.
       (b) Functions.--The functions of the Office shall include, 
     but not be limited to, the following:
       (1) Informing small businesses and individuals about the 
     verification practices required by section 274A of the 
     Immigration and Nationality Act, including, but not limited 
     to, the document verification requirements and the employment 
     verification system requirements under subsections (c) and 
     (d) of that section.
       (2) Assisting small businesses and individuals in 
     addressing allegedly erroneous further action notices and 
     nonconfirmations issued under subsection (d) of section 274A 
     of the Immigration and Nationality Act.

[[Page S1105]]

       (3) Informing small businesses and individuals of the 
     financial liabilities and criminal penalties that apply to 
     violations and failures to comply with the requirements of 
     section 274A of the Immigration and Nationality Act, 
     including, but not limited to, by issuing best practices for 
     compliance with that section.
       (4) To the extent practicable, proposing changes to the 
     Secretary in the administrative practices of the employment 
     verification system required under subsection (d) of section 
     274A of the Immigration and Nationality Act to mitigate the 
     problems identified under paragraph (2).
       (5) Making recommendations through the Secretary to 
     Congress for legislative action to mitigate such problems.
       (c) Authority to Issue Assistance Order.--
       (1) In general.--Upon application filed by a small business 
     or individual with the Office (in such form, manner, and at 
     such time as the Secretary shall by regulations prescribe), 
     the Office may issue an assistance order if--
       (A) the Office determines the small business or individual 
     is suffering or about to suffer a significant hardship as a 
     result of the manner in which the employment verification 
     laws under subsections (c) and (d) of section 274A of the 
     Immigration and Nationality Act are being administered by the 
     Secretary; or
       (B) the small business or individual meets such other 
     requirements as are set forth in regulations prescribed by 
     the Secretary.
       (2) Determination of hardship.--For purposes of paragraph 
     (1), a significant hardship shall include--
       (A) an immediate threat of adverse action;
       (B) a delay of more than 60 days in resolving employment 
     verification system problems;
       (C) the incurring by the small business or individual of 
     significant costs if relief is not granted; or
       (D) irreparable injury to, or a long-term adverse impact 
     on, the small business or individual if relief is not 
     granted.
       (3) Standards when administrative guidance not followed.--
     In cases where a U.S. Citizenship and Immigration Services 
     employee is not following applicable published administrative 
     guidance, the Office shall construe the factors taken into 
     account in determining whether to issue an assistance order 
     under this subsection in the manner most favorable to the 
     small business or individual.
       (4) Terms of assistance order.--The terms of an assistance 
     order under this subsection may require the Secretary within 
     a specified time period--
       (A) to determine whether any employee is or is not 
     authorized to work in the United States; or
       (B) to abate any penalty under section 274A of the 
     Immigration and Nationality Act that the Office determines is 
     arbitrary, capricious, or disproportionate to the underlying 
     offense.
       (5) Authority to modify or rescind.--Any assistance order 
     issued by the Office under this subsection may be modified or 
     rescinded--
       (A) only by the Office, the Director or Deputy Director of 
     U.S. Citizenship and Immigration Services, or the Secretary 
     or the Secretary's designee; and
       (B) if rescinded by the Director or Deputy Director of U.S. 
     Citizenship and Immigration Services, only if a written 
     explanation of the reasons of such official for the 
     modification or rescission is provided to the Office.
       (6) Suspension of running of period of limitation.--The 
     running of any period of limitation with respect to an action 
     described in paragraph (4)(A) shall be suspended for--
       (A) the period beginning on the date of the small business 
     or individual's application under paragraph (1) and ending on 
     the date of the Office's decision with respect to such 
     application; and
       (B) any period specified by the Office in an assistance 
     order issued under this subsection pursuant to such 
     application.
       (7) Independent action of office.--Nothing in this 
     subsection shall prevent the Office from taking any action in 
     the absence of an application under paragraph (1).
       (d) Accessibility to the Public.--
       (1) In person, online, and telephone assistance.--The 
     Office shall provide information and assistance specified in 
     subsection (b) in person at locations designated by the 
     Secretary, online through an Internet website of the 
     Department available to the public, and by telephone.
       (2) Availability to all employers.--In making information 
     and assistance available, the Office shall prioritize the 
     needs of small businesses and individuals. However, the 
     information and assistance available through the Office shall 
     be available to any employer.
       (e) Avoiding Duplication Through Coordination.--In the 
     discharge of the functions of the Office, the Secretary shall 
     consult with the Secretary of Labor, the Secretary of 
     Agriculture, the Commissioner, the Attorney General, the 
     Equal Employment Opportunity Commission, and the 
     Administrator of the Small Business Administration in order 
     to avoid duplication of efforts across the Federal 
     Government.
       (f) Definitions.--In this section:
       (1) Employer.--The term ``employer'' has the meaning given 
     that term in section 274A(b) of the Immigration and 
     Nationality Act.
       (2) Small business.--The term ``small business'' means an 
     employer with 49 or fewer employees.
       (g) Funding.--Of amounts in the Border Security Enforcement 
     Fund under section 1301, there shall be available such sums 
     as may be necessary to carry out the functions of the Office.
                                 ______
                                 
  SA 1983. Mr. WYDEN 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. ___. PROHIBITION ON INADMISSIBILITY OR DEPORTATION OF 
                   ALIENS WHO COMPLY WITH STATE LAW.

       (a) Prohibition on Inadmissibility.--Section 
     212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)(A)(i)(II)) is amended by inserting ``other 
     than an act involving marijuana that is permitted under the 
     laws of a State or the law of an Indian tribe, as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5304), that has jurisdiction over 
     the Indian country, as defined in section 1151 of title 18, 
     United States Code, in which the act occurs'' after 
     ``802)),''.
       (b) Prohibition on Deportation.--Section 237(a)(2)(B)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1227(a)(2)(B)(i)) is amended by striking ``marijuana,'' and 
     inserting ``marijuana or an offense involving marijuana that 
     is permitted under the laws of a State or the law of an 
     Indian tribe, as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304), 
     that has jurisdiction over the Indian country, as defined in 
     section 1151 of title 18, United States Code, in which the 
     offense occurs''.
                                 ______
                                 
  SA 1984. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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. ____. FEDERAL PELL GRANT ELIGIBILITY FOR DREAMER 
                   STUDENTS.

       Section 484 (20 U.S.C. 1091) is amended--
       (1) in subsection (a)(5), by inserting ``, or be a Dreamer 
     student, as defined in subsection (u)'' after ``becoming a 
     citizen or permanent resident''; and
       (2) by adding at the end the following:
       ``(u) Dreamer Students.--
       ``(1) In general.--In this section, the term `Dreamer 
     student' means an individual who--
       ``(A) was younger than 16 years of age on the date on which 
     the individual initially entered the United States;
       ``(B) has provided a list of each secondary school that the 
     student attended in the United States; and
       ``(C)(i) has earned a high school diploma, the recognized 
     equivalent of such diploma from a secondary school, or a high 
     school equivalency diploma in the United States or is 
     scheduled to complete the requirements for such a diploma or 
     equivalent before the next academic year begins;
       ``(ii) has acquired a degree from an institution of higher 
     education or has completed not less than 2 years in a program 
     for a baccalaureate degree or higher degree at an institution 
     of higher education in the United States and has made 
     satisfactory academic progress, as defined in subsection (c), 
     during such time period;
       ``(iii) at any time was eligible for a grant of deferred 
     action under--
       ``(I) the June 15, 2012, memorandum from the Secretary of 
     Homeland Security entitled `Exercising Prosecutorial 
     Discretion with Respect to Individuals Who Came to the United 
     States as Children'; or
       ``(II) the November 20, 2014, memorandum from the Secretary 
     of Homeland Security entitled `Exercising Prosecutorial 
     Discretion with Respect to Individuals Who Came to the United 
     States as Children and with Respect to Certain Individuals 
     Who Are the Parents of U.S. Citizens or Permanent Residents'; 
     or
       ``(iv) has served in the uniformed services, as defined in 
     section 101 of title 10, United States Code, for not less 
     than 4 years and, if discharged, received an honorable 
     discharge.
       ``(2) Hardship exception.--The Secretary shall issue 
     regulations that direct when the Department shall waive the 
     requirement of subparagraph (A) or (B), or both, of paragraph 
     (1) for an individual to qualify as a Dreamer student under 
     such paragraph, if the individual--
       ``(A) demonstrates compelling circumstances for the 
     inability to satisfy the requirement of such subparagraph (A) 
     or (B), or both; and
       ``(B) satisfies the requirement of paragraph (1)(C).''.
                                 ______
                                 
  SA 1985. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill H.R. 2579, to amend the Internal Revenue Code of 1986 
to allow the premium tax credit with respect to

[[Page S1106]]

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

       At the appropriate place, insert the following:

     SEC. ____. PROTECTING CHILD TRAFFICKING VICTIMS.

       (a) Short Title.--This section may be cited as the ``Child 
     Trafficking Victims Protection Act''.
       (b) Unaccompanied Alien Children Defined.--In this section, 
     the term ``unaccompanied alien children'' has the meaning 
     given such term in section 462 of the Homeland Security Act 
     of 2002 (6 U.S.C. 279).
       (c) Mandatory Training.--The Secretary, in consultation 
     with the Secretary of Health and Human Services and 
     independent child welfare experts, shall mandate live 
     training of all personnel who come into contact with 
     unaccompanied alien children in all relevant legal 
     authorities, policies, practices, and procedures pertaining 
     to this vulnerable population.
       (d) Care and Transportation.--Notwithstanding any other 
     provision of law, the Secretary shall ensure that all 
     unaccompanied children who will undergo any immigration 
     proceedings before the Department or the Executive Office for 
     Immigration Review are duly transported and placed in the 
     care and legal and physical custody of the Office of Refugee 
     Resettlement not later than 72 hours after their apprehension 
     absent narrowly defined exceptional circumstances, including 
     a natural disaster or comparable emergency beyond the control 
     of the Secretary or the Office of Refugee Resettlement. The 
     Secretary shall ensure that female officers are continuously 
     present during the transfer and transport of female detainees 
     who are in the custody of the Department.
       (e) Qualified Resources.--The Secretary shall provide 
     adequately trained and qualified staff resources at each 
     major port of entry (as defined by the U.S. Customs and 
     Border Protection station assigned to that port having in its 
     custody during the past 2 fiscal years an yearly average of 
     50 or more unaccompanied alien children), including the 
     accommodation of child welfare professionals in accordance 
     with subsection (f).
       (f) Child Welfare Professionals.--
       (1) In general.--The Senior Advisor on Trafficking in 
     Persons in the Office of the Assistant Secretary for the 
     Administration for Children and Families shall ensure that 
     qualified child welfare professionals with expertise in 
     culturally competent, trauma-centered, and developmentally 
     appropriate interviewing skills are available at each major 
     port of entry described in subsection (e).
       (2) Duties.--Child welfare professionals described in 
     paragraph (1) shall--
       (A) in consultation with the Secretary and the Assistant 
     Secretary for the Administration for Children and Families, 
     develop guidelines for treatment of unaccompanied alien 
     children in the custody of the Department;
       (B) conduct screening on behalf of the Department of all 
     unaccompanied alien children in accordance with section 
     235(a)(4) of the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4));
       (C) notify the Department and the Office of Refugee 
     Resettlement of children that meet the notification and 
     transfer requirements set forth in subsections (a) and (b) of 
     section 235 of such Act (8 U.S.C. 1232); and
       (D) interview adult relatives accompanying unaccompanied 
     alien children; and
       (E) provide an initial family relationship and trafficking 
     assessment and recommendations regarding unaccompanied alien 
     children's initial placements to the Office of Refugee 
     Resettlement, which shall be conducted in accordance with the 
     time frame set forth in subsections (a)(4) and (b)(3) of 
     section 235 of such Act (8 U.S.C. 1232); and
       (F) ensure that each unaccompanied alien child in the 
     custody of U.S. Customs and Border Protection--
       (i) receives emergency medical care when necessary;
       (ii) receives emergency medical and mental health care that 
     complies with the standards adopted pursuant to section 8(c) 
     of the Prison Rape Elimination Act of 2003 (42 U.S.C. 
     15607(c)) whenever necessary, including in cases in which a 
     child is at risk to harm himself, herself, or others;
       (iii) is provided with climate appropriate clothing, shoes, 
     basic personal hygiene and sanitary products, a pillow, 
     linens, and sufficient blankets to rest at a comfortable 
     temperature;
       (iv) receives adequate nutrition;
       (v) enjoys a safe and sanitary living environment;
       (vi) has access to daily recreational programs and 
     activities if held for a period longer than 12 hours;
       (vii) has access to legal services and consular officials; 
     and
       (viii) is permitted to make supervised phone calls to 
     family members.
       (3) Final determinations.--The Office of Refugee 
     Resettlement, in consultation with the Senior Advisor on 
     Trafficking in Persons, in accordance with applicable 
     policies and procedures for sponsors, shall submit final 
     determinations on family relationships to the Secretary, who 
     shall consider such adult relatives for community-based 
     support alternatives to detention.
       (4) Report.--Not later than 18 months after the date of the 
     enactment of this Act, and annually thereafter, the Senior 
     Advisor on Trafficking in Persons shall submit a report to 
     Congress that--
       (A) describes the screening procedures used by the child 
     welfare professionals to screen unaccompanied alien children;
       (B) assesses the effectiveness of such screenings; and
       (C) includes data on all unaccompanied alien children who 
     were screened by child welfare professionals;
       (g) Immediate Notification.--The Secretary shall 
     immediately notify the Office of Refugee Resettlement of an 
     unaccompanied alien child in the custody of the Department to 
     effectively and efficiently coordinate the child's transfer 
     to and placement with the Office of Refugee Resettlement.
       (h) Notice of Rights and Right to Access to Counsel.--
       (1) In general.--The Secretary shall ensure that all 
     unaccompanied alien children, upon apprehension, are 
     provided--
       (A) an interview and screening with a child welfare 
     professional described in subsection (f)(1); and
       (B) a video orientation and oral and written notice of 
     their rights under the Immigration and Nationality Act, 
     including--
       (i) their right to relief from removal;
       (ii) their right to confer with counsel (as guaranteed 
     under section 292 of such Act (8 U.S.C. 1362)), family, or 
     friends while in the temporary custody of the Department; and
       (iii) relevant complaint mechanisms to report any abuse or 
     misconduct they may have experienced.
       (2) Languages.--The Secretary shall ensure that--
       (A) the video orientation and written notice of rights 
     described in paragraph (1) is available in English and in the 
     5 most common native languages spoken by the unaccompanied 
     children held in custody at that location during the 
     preceding fiscal year; and
       (B) the oral notice of rights is available in English and 
     in the most common native language spoken by the 
     unaccompanied children held in custody at that location 
     during the preceding fiscal year.
       (i) Confidentiality.--The Secretary of Health and Human 
     Services shall maintain the privacy and confidentiality of 
     all information gathered in the course of providing care, 
     custody, placement and follow-up services to unaccompanied 
     alien children, consistent with the best interest of the 
     unaccompanied alien child, by not disclosing such information 
     to other government agencies or nonparental third parties 
     unless such disclosure is--
       (1) recorded in writing and placed in the child's file;
       (2) in the child's best interest; and
       (3)(A) authorized by the child or by an approved sponsor in 
     accordance with section 235 of the William Wilberforce 
     Trafficking Victims Protection Reauthorization Act of 2008 (8 
     U.S.C. 1232) and the Health Insurance Portability and 
     Accountability Act (Public Law 104-191); or
       (B) provided to a duly recognized law enforcement entity to 
     prevent imminent and serious harm to another individual.
       (j) Other Policies and Procedures.--The Secretary shall 
     adopt fundamental child protection policies and procedures--
       (1) for reliable age determinations of children, developed 
     in consultation with medical and child welfare experts, which 
     exclude the use of fallible forensic testing of children's 
     bone and teeth;
       (2) to ensure the safe and secure repatriation and 
     reintegration of unaccompanied alien children to their home 
     countries through specialized programs developed in close 
     consultation with the Secretary of State, the Office of the 
     Refugee Resettlement, and reputable independent child welfare 
     experts, including placement of children with their families 
     or nongovernmental agencies to provide food, shelter, and 
     vocational training and microfinance opportunities;
       (3) to utilize all legal authorities to defer the child's 
     removal if the child faces a risk of life-threatening harm 
     upon return including due to the child's mental health or 
     medical condition; and
       (4) to ensure, in accordance with the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), 
     that unaccompanied alien children, while in detention, are--
       (A) physically separated from any adult who is not an 
     immediate family member; and
       (B) separated by sight and sound from--
       (i) immigration detainees and inmates with criminal 
     convictions;
       (ii) pretrial inmates facing criminal prosecution; and
       (iii) inmates exhibiting violent behavior.
       (k) Transfer of Funds.--
       (1) Authorization.--The Secretary, in accordance with a 
     written agreement between the Secretary and the Secretary of 
     Health and Human Services, shall transfer such amounts as may 
     be necessary to carry out the duties described in subsection 
     (f)(2) from amounts appropriated for U.S. Customs and Border 
     Protection to the Department of Health and Human Services.
       (2) Report.--Not later than 15 days before any proposed 
     transfer under paragraph (1), the Secretary of Health and 
     Human Services, in consultation with the Secretary, shall 
     submit a detailed expenditure plan that describes the actions 
     proposed to be taken with amounts transferred under such 
     paragraph to--

[[Page S1107]]

       (A) the Committee on Appropriations of the Senate; and
       (B) the Committee on Appropriations of the House of 
     Representatives.
       (l) Rule of Construction.--Nothing in this section may be 
     construed to preempt or alter any other rights or remedies, 
     including any causes of action, available under any Federal 
     or State law.
                                 ______
                                 
  SA 1986. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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. ____. KEEPING TRACK OF UNACCOMPANIED ALIEN CHILDREN.

       (a) Unaccompanied Alien Children Defined.--In this section, 
     the term ``unaccompanied alien children'' has the meaning 
     given such term in section 462 of the Homeland Security Act 
     of 2002 (6 U.S.C. 279).
       (b) Annual Report.--Not less frequently than once each 
     year, the Secretary of Homeland Security shall submit to 
     Congress a report that sets forth, for the previous year, the 
     following:
       (1) The total number of unaccompanied alien children who 
     were screened by U. S. Customs and Border Protection.
       (2) The total number of unaccompanied alien Children who 
     demonstrated trafficking indicators.
       (3) The total number of unaccompanied alien children who, 
     after demonstrating trafficking indicators, were removed to 
     their home countries, and to which countries they were 
     removed.
       (4) The total number of unaccompanied alien children who 
     were removed to their home countries, and to which countries 
     they were removed.
       (5) The total number of unaccompanied alien children who 
     were referred to the Office of Refugee Resettlement of the 
     Department of Health and Human Services.
       (6) The total number of unaccompanied alien children who 
     secured immigration relief.
                                 ______
                                 
  SA 1987. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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. ___. RELIEF FOR ORPHANS, WIDOWS, AND WIDOWERS.

       (a) In General.--
       (1) Special rule for orphans, spouses, and permanent 
     partners.--In applying clauses (iii) and (iv) of section 
     201(b)(2)(A) of the Immigration and Nationality Act, [as 
     added by section 102(a) of this Act], to an alien whose 
     citizen or lawful permanent resident relative died before the 
     date of the enactment of this Act, the alien relative may 
     file the classification petition under section 
     204(a)(1)(A)(ii) of such Act, [as amended by section 
     102(c)(4)(A)(i)(II) of this Act], not later than 2 years 
     after the date of the enactment of this Act.
       (2) Eligibility for parole.--If an alien was excluded, 
     deported, removed, or departed voluntarily before the date of 
     the enactment of this Act based solely upon the alien's lack 
     of classification as an immediate relative (as defined in 
     section 201(b)(2)(A)(iv) of the Immigration and Nationality 
     Act,[as amended by section 102(a) of this Act]) due to the 
     death of such citizen or resident--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Secretary of Homeland Security's 
     discretionary authority under section 212(d)(5) of such Act 
     (8 U.S.C. 1182(d)(5)); and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act 
     (8 U.S.C. 1182(a)(9)).
       (3) Eligibility for parole.--If an alien described in 
     section 204(l) of the Immigration and Nationality Act (8 
     U.S.C. 1154(l)), was excluded, deported, removed, or departed 
     voluntarily before the date of the enactment of this Act--
       (A) such alien shall be eligible for parole into the United 
     States pursuant to the Secretary of Homeland Security's 
     discretionary authority under section 212(d)(5) of such Act 
     (8 U.S.C. 1182(d)(5)); and
       (B) such alien's application for adjustment of status shall 
     be considered notwithstanding section 212(a)(9) of such Act 
     (8 U.S.C. 1182(a)(9)).
       (b) Processing of Immigrant Visas and Derivative 
     Petitions.--
       (1) In general.--Section 204(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(b)) is amended--
       (A) by striking ``After an investigation'' and inserting 
     the following:
       ``(1) In general.--After an investigation''; and
       (B) by adding at the end the following:
       ``(2) Death of qualifying relative.--
       ``(A) In general.--Any alien described in subparagraph (B) 
     whose qualifying relative died before the completion of 
     immigrant visa processing may have an immigrant visa 
     application adjudicated as if such death had not occurred. An 
     immigrant visa issued before the death of the qualifying 
     relative shall remain valid after such death.
       ``(B) Alien described.--An alien described in this 
     subparagraph is an alien who--
       ``(i) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(ii) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(iii) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b) (as described in section 
     203(d)); or
       ``(iv) is the spouse, permanent partner, or child of a 
     refugee (as described in section 207(c)(2)) or an asylee (as 
     described in section 208(b)(3)).''.
       (2) Transition period.--
       (A) In general.--Notwithstanding a denial or revocation of 
     an application for an immigrant visa for an alien whose 
     qualifying relative died before the date of the enactment of 
     this Act, such application may be renewed by the alien 
     through a motion to reopen, without fee.
       (B) Inapplicability of bars to entry.--Notwithstanding 
     section 212(a)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)), an alien's application for an immigrant 
     visa shall be considered if the alien was excluded, deported, 
     removed, or departed voluntarily before the date of the 
     enactment of this Act.
       (c) Naturalization.--Section 319(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1430(a)) is amended--
       (1) by inserting ``or permanent partner'' after ``spouse'' 
     each place such term appears;
       (2) by inserting ``(or, if the spouse is deceased, the 
     spouse was a citizen of the United States)'' after ``citizen 
     of the United States''; and
       (3) by inserting ``or permanent partnership'' after 
     ``marital union''.
       (d) Waivers of Inadmissibility.--Section 212 of the 
     Immigration and Nationality Act (8 U.S.C. 1182) is amended--
       (1) by redesignating the second subsection (t) as 
     subsection (u); and
       (2) by adding at the end the following:
       ``(v) Continued Waiver Eligibility for Widows, Widowers, 
     and Orphans.--In the case of an alien who would have been 
     statutorily eligible for any waiver of inadmissibility under 
     this Act but for the death of a qualifying relative, the 
     eligibility of such alien shall be preserved as if the death 
     had not occurred and the death of the qualifying relative 
     shall be the functional equivalent of hardship for purposes 
     of any waiver of inadmissibility which requires a showing of 
     hardship.''.
       (e) Surviving Relative Consideration for Certain Petitions 
     and Applications.--Section 204(l)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(l)(1)) is amended--
       (1) by striking ``who resided in the United States at the 
     time of the death of the qualifying relative and who 
     continues to reside in the United States''; and
       (2) by striking ``any related applications,'' and inserting 
     ``any related applications (including affidavits of 
     support),''.
       (f) Immediate Relatives.--Section 201(b)(2)(A)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) 
     is amended by striking ``within 2 years after such date''.
       (g) Family-Sponsored Immigrants.--Section 212(a)(4)(C)(i) 
     is amended--
       (1) in subclause (I), by striking ``, or'' and inserting a 
     semicolon;
       (2) in subclause (II), by striking ``or'' at the end; and
       (3) by adding at the end the following:

       ``(IV) the status as a surviving relative under section 
     204(l); or''.

                                 ______
                                 
  SA 1988. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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. ____. V NONIMMIGRANT VISAS.

       (a) Nonimmigrant Eligibility.--Subparagraph (V) of section 
     101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)) is amended to read as follows:
       ``(V)(i) subject to section 214(q)(1) and section 
     212(a)(4), an alien who is the beneficiary of an approved 
     petition under section 203(a) as--
       ``(I) the unmarried son or unmarried daughter of a citizen 
     of the United States;
       ``(II) the unmarried son or unmarried daughter of an alien 
     lawfully admitted for permanent residence; or
       ``(III) the married son or married daughter of a citizen of 
     the United States and who is 31 years of age or younger; or
       ``(ii) subject to section 214(q)(2), an alien who is--
       ``(I) the sibling of a citizen of the United States; or
       ``(II) the married son or married daughter of a citizen of 
     the United States and who is older than 31 years of age;''.
       (b) Employment and Period of Admission of Nonimmigrants 
     Described in Section 101(a)(15)(V).--Section 214(q) of such 
     Act (8 U.S.C. 1184(q)) is amended to read as follows:
       ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--

[[Page S1108]]

       ``(1) Certain sons and daughters.--
       ``(A) Employment authorization.--The Secretary shall--
       ``(i) authorize a nonimmigrant admitted pursuant to section 
     101(a)(15)(V)(i) to engage in employment in the United States 
     during the period of such nonimmigrant's authorized 
     admission; and
       ``(ii) provide such a nonimmigrant with an `employment 
     authorized' endorsement or other appropriate document 
     signifying authorization of employment.
       ``(B) Termination of admission.--The period of authorized 
     admission for such a nonimmigrant shall terminate 30 days 
     after the date on which--
       ``(i) such nonimmigrant's application for an immigrant visa 
     pursuant to the approval of a petition under subsection (a) 
     or (c) of section 203 is denied; or
       ``(ii) such nonimmigrant's application for adjustment of 
     status under section 245 pursuant to the approval of such a 
     petition is denied.
       ``(2) Siblings and sons and daughters of citizens.--
       ``(A) Employment authorization.--The Secretary may not 
     authorize a nonimmigrant admitted pursuant to section 
     101(a)(15)(V)(ii) to engage in employment in the United 
     States.
       ``(B) Period of admission.--The period of authorized 
     admission as such a nonimmigrant may not exceed 60 days per 
     fiscal year.
       ``(C) Treatment of period of admission.--An alien admitted 
     under section 101(a)(15)(V) may not receive an allocation of 
     points pursuant to section 203(c) for residence in the United 
     States while admitted as such a nonimmigrant.''.
       (c) Public Benefits.--A noncitizen who is lawfully present 
     in the United States pursuant to section 101(a)(15)(V) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is 
     not eligible for any means-tested public benefits (as such 
     term is defined and implemented in section 403 of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613)). A noncitizen admitted under 
     this section--
       (1) is not entitled to the premium assistance tax credit 
     authorized under section 36B of the Internal Revenue Code of 
     1986 for his or her coverage;
       (2) shall be subject to the rules applicable to individuals 
     not lawfully present that are set forth in subsection (e) of 
     such section;
       (3) shall be subject to the rules applicable to individuals 
     not lawfully present that are set forth in section 1402(e) of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18071(e)); and
       (4) shall be subject to the rules applicable to individuals 
     not lawfully present set forth in section 5000A(d)(3) of the 
     Internal Revenue Code of 1986.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 1989. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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 JUDGES.

       (a) Short Title.--The section may be cited as the 
     ``Immigration Court Improvement Act of 2018''.
       (b) Finding; Sense of Congress.--
       (1) Finding.--Congress finds that the United States 
     tradition as a nation of laws and a nation of immigrants is 
     best served by effective, fair, and impartial immigration 
     judges, who have decisional independence and are free from 
     political influence.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) immigration judges should be fair and impartial and 
     have decisional independence that is free from political 
     pressure or influence; and
       (B) in order to promote even-handed, non-biased, decision 
     making that is representative of the public at large, 
     immigration judges should be selected from a broad pool of 
     candidates with a variety of legal experience, such as law 
     professors, private practitioners, representatives of pro 
     bono service and other nongovernmental organizations, 
     military officers, and government employees.
       (c) Professional Treatment of Immigration Judges.--
       (1) Defined term.--Section 101(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(b)(4)) is amended to read as 
     follows:
       ``(4)(A) The term `immigration judge' means an attorney 
     who--
       ``(i) has been appointed by the Attorney General to serve 
     as a United States immigration judge;
       ``(ii) is qualified to conduct proceedings under this Act, 
     including removal proceedings under section 240.
       ``(B) An immigration judge shall be subject to such 
     supervision and shall perform such duties as the Attorney 
     General shall prescribe as long as such supervision does not 
     interfere with the immigration judge's exercise of 
     independent decision making authority over cases in which he 
     or she presides.
       ``(C) An immigration judge shall be an attorney at the time 
     of his or her appointment by the Attorney General and shall 
     maintain good standing or appropriate judicial status (as 
     defined solely by the licensing jurisdiction) with the bar of 
     the highest court of any State.
       ``(D) The service of an immigration judge is deemed to be 
     judicial in nature. Actions taken by an immigration judge 
     while serving in a judicial capacity shall be reviewed under 
     the applicable Code of Judicial Conduct. Immigration judges 
     shall not be subject to any code of attorney behavior for 
     conduct or actions taken while performing duties as an 
     immigration judge.
       ``(E) An immigration judge may not be disciplined for any 
     good faith legal decisions made in the course of hearing and 
     deciding cases. Criticism of an immigration judge, in a 
     decision of any appellate court may not be considered or 
     construed as a finding of misconduct.''.
       (2) Performance appraisals.--Any system of completion goals 
     or other efficiency standards imposed on immigration judges 
     (as defined in section 101(b)(4) of the Immigration and 
     Nationality Act)--
       (A) may be used solely as management tools for obtaining or 
     allocating resources; and
       (B) may not be used--
       (i) to limit the independent authority of immigration 
     judges to fulfill their duties; or
       (ii) as a reflection of individual judicial performance.
       (3) Judicial complaint process.--Not later than 180 days 
     after the date of the enactment of this Act, the Attorney 
     General shall establish a transparent judicial complaint 
     process that is consistent with the Guidelines for the 
     Evaluation of Judicial Performance developed by the American 
     Bar Association and the judicial performance evaluation 
     principles developed by the Institute for the Advancement of 
     the American Legal System.
       (4) Annual leave.--Every immigration judge shall be 
     presumed to have 15 years of Federal civilian service for the 
     purpose of the accrual of annual leave.
       (5) Continuing legal education.--
       (A) In general.--In addition to the training required under 
     section 603(c) of the International Religious Freedom Act of 
     1998 (22 U.S.C. 6473(c)), the Attorney General shall provide 
     immigration judges with--
       (i) meaningful, ongoing training, including annual, in-
     person training, to maintain current knowledge of immigration 
     cases, changes in the law and effective docketing practices; 
     and
       (ii) time away from the bench to assimilate the knowledge 
     gained through such training.
       (B) Service to the legal profession.--Immigration judges 
     have an ethical duty to participate in continuing legal 
     education, including teaching of law at institutions of 
     higher learning and other activities to educate the public 
     and to improve the legal profession. The Attorney General may 
     not prevent or interfere with the participation of an 
     immigration judge in any such bona fide activities if--
       (i) undertaken in conjunction with an established 
     university, law school, bar association, or legal 
     organization; and
       (ii) the immigration judge clearly indicates that such 
     participation is in his or her personal capacity and does not 
     reflect any official positions or policies.
       (6) Contempt authority.--
       (A) Rulemaking.--
       (i) Interim regulations.--Not later than 60 days after the 
     date of the enactment of this Act, the Attorney General shall 
     promulgate interim regulations governing the exercise of the 
     authority given to immigration judges under section 240(b)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)) 
     to sanction contempt of an immigration judge's exercise of 
     authority under such Act.
       (ii) Final regulations.--Not later than 180 days after the 
     date of the enactment of this Act, the Attorney General shall 
     promulgate final regulations governing the authority 
     described in clause (i).
       (B) Effect of failure to promulgate regulations.--If the 
     Attorney General fails to comply with subparagraph (A)(ii), 
     immigration judges shall--
       (i) make appropriate findings of contempt; and
       (ii) submit such findings to the United States District 
     Court for the judicial district in which the immigration 
     judge is physically located.
                                 ______
                                 
  SA 1990. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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 __--FAIR DAY IN COURT FOR KIDS

     SEC. ____. SHORT TITLE.

       This title may be cited as the ``Fair Day in Court for Kids 
     Act of 2018''.

     SEC. ____. IMPROVING IMMIGRATION COURT EFFICIENCY AND 
                   REDUCING COSTS BY INCREASING ACCESS TO LEGAL 
                   INFORMATION.

       (a) Appointment of Counsel in Removal Proceedings; Right To 
     Review Certain

[[Page S1109]]

     Documents in Removal Proceedings.--Section 240(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1229a(b)) is 
     amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by striking ``, at no expense to the Government,''; and
       (ii) by striking the comma at the end and inserting a 
     semicolon;
       (B) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (D) and (E), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) the Attorney General may appoint or provide counsel, 
     at Government expense, to aliens in immigration proceedings;
       ``(C) the alien, or the alien's counsel, not later than 7 
     days after receiving a notice to appear under section 239(a), 
     shall receive a complete copy of the alien's immigration file 
     (commonly known as an `A-file') in the possession of the 
     Department of Homeland Security (other than documents 
     protected from disclosure under section 552(b) of title 5, 
     United States Code);''; and
       (D) in subparagraph (D), as redesignated, by striking ``, 
     and'' and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(8) Failure to provide alien required documents.--A 
     removal proceeding may not proceed until the alien, or the 
     alien's counsel, if the alien is represented--
       ``(A) has received the documents required under paragraph 
     (4)(C); and
       ``(B) has been provided at least 10 days to review and 
     assess such documents.''.
       (b) Clarification Regarding the Authority of the Attorney 
     General To Appoint Counsel to Aliens in Immigration 
     Proceedings.--
       (1) In general.--Section 292 of the Immigration and 
     Nationality Act (8 U.S.C. 1362) is amended to read as 
     follows:

     ``SEC. 292. RIGHT TO COUNSEL.

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), in any removal proceeding and in any appeal 
     proceeding before the Attorney General from any such removal 
     proceeding, the subject of the proceeding shall have the 
     privilege of being represented by such counsel as may be 
     authorized to practice in such proceeding as he or she may 
     choose. This subsection shall not apply to screening 
     proceedings described in section 235(b)(1)(A).
       ``(b) Access to Counsel for Unaccompanied Alien Children.--
       ``(1) In general.--In any removal proceeding and in any 
     appeal proceeding before the Attorney General from any such 
     removal proceeding, an unaccompanied alien child (as defined 
     in section 462(g) of the Homeland Security Act on 2002 (6 
     U.S.C. 279(g))) shall be represented by Government-appointed 
     counsel, at Government expense.
       ``(2) Length of representation.--Once a child is designated 
     as an unaccompanied alien child under paragraph (1), the 
     child shall be represented by counsel at every stage of the 
     proceedings from the child's initial appearance through the 
     termination of immigration proceedings, and any ancillary 
     matters appropriate to such proceedings even if the child 
     attains 18 years of age or is reunified with a parent or 
     legal guardian while the proceedings are pending.
       ``(3) Notice.--Not later than 72 hours after an 
     unaccompanied alien child is taken into Federal custody, the 
     alien shall be notified that he or she will be provided with 
     legal counsel in accordance with this subsection.
       ``(4) Within detention facilities.--The Secretary of 
     Homeland Security shall ensure that unaccompanied alien 
     children have access to counsel inside all detention, 
     holding, and border facilities.
       ``(c) Pro Bono Representation.--
       ``(1) In general.--To the maximum extent practicable, the 
     Attorney General should make every effort to utilize the 
     services of competent counsel who agree to provide 
     representation to such children under subsection (b) without 
     charge.
       ``(2) Development of necessary infrastructures and 
     systems.--The Attorney General shall develop the necessary 
     mechanisms to identify counsel available to provide pro bono 
     legal assistance and representation to children under 
     subsection (b) and to recruit such counsel.
       ``(d) Contracts; Grants.--The Attorney General may enter 
     into contracts with, or award grants to, nonprofit agencies 
     with relevant expertise in the delivery of immigration-
     related legal services to children to carry out the 
     responsibilities under this section, including providing 
     legal orientation, screening cases for referral, recruiting, 
     training, and overseeing pro bono attorneys. Nonprofit 
     agencies may enter into subcontracts with, or award grants 
     to, private voluntary agencies with relevant expertise in the 
     delivery of immigration related legal services to children in 
     order to carry out this section.
       ``(e) Model Guidelines on Legal Representation of 
     Children.--
       ``(1) Development of guidelines.--The Executive Office for 
     Immigration Review, in consultation with voluntary agencies 
     and national experts, shall develop model guidelines for the 
     legal representation of alien children in immigration 
     proceedings, which shall be based on the children's asylum 
     guidelines, the American Bar Association Model Rules of 
     Professional Conduct, and other relevant domestic or 
     international sources.
       ``(2) Purpose of guidelines.--The guidelines developed 
     under paragraph (1) shall be designed to help protect each 
     child from any individual suspected of involvement in any 
     criminal, harmful, or exploitative activity associated with 
     the smuggling or trafficking of children, while ensuring the 
     fairness of the removal proceeding in which the child is 
     involved.
       ``(f) Duties of Counsel.--Counsel provided under this 
     section shall--
       ``(1) represent the unaccompanied alien child in all 
     proceedings and matters relating to the immigration status of 
     the child or other actions involving the Department of 
     Homeland Security;
       ``(2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Department of Homeland Security;
       ``(3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due to an adult client; and
       ``(4) carry out other such duties as may be proscribed by 
     the Attorney General or the Executive Office for Immigration 
     Review.
       ``(g) Savings Provision.--Nothing in this section may be 
     construed to supersede--
       ``(1) any duties, responsibilities, disciplinary, or 
     ethical responsibilities an attorney may have to his or her 
     client under State law;
       ``(2) the admission requirements under State law; or
       ``(3) any other State law pertaining to the admission to 
     the practice of law in a particular jurisdiction.''.
       (2) Rulemaking.--The Attorney General shall promulgate 
     regulations to implement section 292 of the Immigration and 
     Nationality Act, as added by paragraph (1), in accordance 
     with the requirements set forth in section 3006A of title 18, 
     United States Code.

     SEC. ____. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT 
                   DETENTION FACILITIES.

       The Secretary of Homeland Security shall provide access to 
     counsel for all aliens detained in a facility under the 
     supervision of U.S. Immigration and Customs Enforcement, U.S. 
     Customs and Border Protection, or the Department of Health 
     and Human Services, or in any private facility that contracts 
     with the Federal Government to house, detain, or hold aliens.

     SEC. ____. REPORT ON ACCESS TO COUNSEL.

       (a) Report.--Not later than December 31 of each year, the 
     Secretary of Homeland Security, in consultation with the 
     Attorney General, shall prepare and submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives regarding the 
     extent to which aliens described in section 292(b) of the 
     Immigration and Nationality Act, as added by this title, have 
     been provided access to counsel.
       (b) Contents.--Each report submitted under paragraph (a) 
     shall include, for the immediately preceding 1-year period--
       (1) the number and percentage of aliens described in 
     section 292(b) of the Immigration and Nationality Act, as 
     added by this title, who were represented by counsel, 
     including information specifying--
       (A) the stage of the legal process at which each such alien 
     was represented;
       (B) whether the alien was in government custody; and
       (C) the nationality and ages of such aliens; and
       (2) the number and percentage of aliens who received legal 
     orientation presentations, including the nationality and ages 
     of such aliens.

     SEC. ____. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Executive 
     Office of Immigration Review of the Department of Justice 
     such sums as may be necessary to carry out this title.
                                 ______
                                 
  SA 1991. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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. ___. SENSE OF CONGRESS THAT FAMILY UNITY SHOULD CONTINUE 
                   TO BE A GUIDING PRINCIPLE OF UNITED STATES 
                   IMMIGRATION SYSTEM.

       (a) Findings.--Congress makes the following findings:
       (1) The family is the bedrock of society in the United 
     States.
       (2) From time immemorial, families have served as a source 
     of emotional support and economic security.
       (3) Courageous people living in difficult circumstances 
     often immigrate to the United States in order to make a 
     better life for themselves and their families.
       (4) Once such immigrants succeed and establish themselves 
     as part of their communities in the United States, they want 
     to help the families they left behind, and want their 
     families to join them and provide succor and support.
       (5) Families have proven to be a key factor in the 
     successful integration of immigrant families into life in the 
     United States.
       (6) The Immigration and Nationality Act of 1965 recognized 
     that families should not be kept apart based on the places 
     close relatives were born.

[[Page S1110]]

       (b) Sense of Congress.--It is the sense of Congress that--
       (1) family unity should continue to be a guiding principle 
     of the legal immigration system of the United States; and
       (2) elimination or reduction of the number of family-based 
     visas or family-based Green Cards would have a negative 
     effect on the United States as a whole.
                                 ______
                                 
  SA 1992. Ms. HIRONO submitted an amendment intended to be proposed by 
her 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. ___. PROHIBITION OF PHYSICAL BARRIERS ON CERTAIN FEDERAL 
                   LAND TO PROTECT WILDLIFE.

       Notwithstanding any other provision of law, no wall or 
     other physical barrier may be constructed on the 
     international border between the United States and Mexico in 
     or on--
       (1) a unit of the National Park System;
       (2) a national monument;
       (3) a unit of the National Wildlife Refuge System; or
       (4) National Forest System land.
                                 ______
                                 
  SA 1993. Mr. WYDEN (for himself and 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:

                TITLE __--PROTECTING DATA AT THE BORDER

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Protecting Data at the 
     Border Act''.

     SEC. _02. FINDINGS.

       Congress finds the following:
       (1) United States persons have a reasonable expectation of 
     privacy in the digital contents of their electronic 
     equipment, the digital contents of their online accounts, and 
     the nature of their online presence.
       (2) The Supreme Court of the United States recognized in 
     Riley v. California, 134 S. Ct. 2473 (2014) the extraordinary 
     privacy interests in electronic equipment like cell phones.
       (3) The privacy interest of United States persons in the 
     digital contents of their electronic equipment, the digital 
     contents of their online accounts, and the nature of their 
     online presence differs in both degree and kind from their 
     privacy interest in closed containers.
       (4) Accessing the digital contents of electronic equipment, 
     accessing the digital contents of an online account, or 
     obtaining information regarding the nature of the online 
     presence of a United States person entering or exiting the 
     United States, without a lawful warrant based on probable 
     cause, is unreasonable under the Fourth Amendment to the 
     Constitution of the United States.

     SEC. _03. SCOPE.

       Nothing in this title shall be construed to--
       (1) prohibit a Governmental entity from conducting an 
     inspection of the external physical components of the 
     electronic equipment to determine the presence or absence of 
     weapons or contraband without a warrant, including activating 
     or attempting to activate an object that appears to be 
     electronic equipment to verify that the object is electronic 
     equipment; or
       (2) limit the authority of a Governmental entity under the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.).

     SEC. _04. DEFINITIONS.

       As used in this title--
       (1) the term ``access credential'' includes a username, 
     password, PIN number, fingerprint, or biometric indicator;
       (2) the term ``border'' means the international border of 
     the United States and the functional equivalent of such 
     border;
       (3) the term ``digital contents'' means any signs, signals, 
     writing, images, sounds, data, or intelligence of any nature 
     transmitted in whole or in part by electronic equipment, or 
     stored in electronic equipment or an online account;
       (4) the term ``electronic communication service'' has the 
     meaning given that term in section 2510 of title 18, United 
     States Code;
       (5) the term ``electronic equipment'' has the meaning given 
     the term ``computer'' in section 1030(e) of title 18, United 
     States Code;
       (6) the term ``Governmental entity'' means a department or 
     agency of the United States (including any officer, employee, 
     or contractor or other agent thereof);
       (7) the term ``online account'' means an online account 
     with an electronic communication service or remote computing 
     service;
       (8) the term ``online account information'' means the 
     screen name or other identifier or information that would 
     allow a Governmental entity to identify the online presence 
     of an individual;
       (9) the term ``remote computing service'' has the meaning 
     given that term in section 2711 of title 18, United States 
     Code; and
       (10) the term ``United States person'' means an individual 
     who is a United States person, as defined in section 101 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).

     SEC. _05. PROCEDURES FOR LAWFUL ACCESS TO DIGITAL DATA AT THE 
                   BORDER.

       (a) Standard.--Subject to subsection (b), a Governmental 
     entity may not--
       (1) access the digital contents of any electronic equipment 
     belonging to or in the possession of a United States person 
     at the border without a valid warrant supported by probable 
     cause issued using the procedures described in the Federal 
     Rules of Criminal Procedure by a court of competent 
     jurisdiction;
       (2) deny entry into or exit from the United States by a 
     United States person based on a refusal by the United States 
     person to--
       (A) disclose an access credential that would enable access 
     to the digital contents of electronic equipment or the 
     digital contents of an online account;
       (B) provide access to the digital contents of electronic 
     equipment or the digital contents of an online account; or
       (C) provide online account information; or
       (3) delay entry into or exit from the United States by a 
     United States person for longer than the period of time, 
     which may not exceed 4 hours, necessary to determine whether 
     the United States person will, in a manner in accordance with 
     subsection (c), consensually provide an access credential, 
     access, or online account information, as described in 
     subparagraphs (A), (B), and (C) of paragraph (2).
       (b) Emergency Exceptions.--
       (1) Emergency situations generally.--
       (A) In general.--An investigative or law enforcement 
     officer of a Governmental entity who is designated by the 
     Secretary of Homeland Security for purposes of this paragraph 
     may access the digital contents of electronic equipment 
     belonging to or in possession of a United States person at 
     the border without a warrant described in subsection (a)(1) 
     if the investigative or law enforcement officer--
       (i) reasonably determines that--

       (I) an emergency situation exists that involves--

       (aa) immediate danger of death or serious physical injury 
     to any person;
       (bb) conspiratorial activities threatening the national 
     security interest of the United States; or
       (cc) conspiratorial activities characteristic of organized 
     crime;

       (II) the emergency situation described in subclause (I) 
     requires access to the digital contents of the electronic 
     equipment before a warrant described in subsection (a)(1) 
     authorizing such access can, with due diligence, be obtained; 
     and
       (III) there are grounds upon which a warrant described in 
     subsection (a)(1) could be issued authorizing such access; 
     and

       (ii) makes an application in accordance with this section 
     for a warrant described in subsection (a)(1) as soon as 
     practicable, but not later than 7 days after the 
     investigative or law enforcement officer accesses the digital 
     contents under the authority under this subparagraph.
       (B) Warrant not obtained.--If an application for a warrant 
     described in subparagraph (A)(ii) is denied, or in any other 
     case in which an investigative or law enforcement officer 
     accesses the digital contents of electronic equipment 
     belonging to or in possession of a United States person at 
     the border without a warrant under the emergency authority 
     under subparagraph (A) and a warrant authorizing the access 
     is not obtained--
       (i) any copy of the digital contents in the custody or 
     control of a Governmental entity shall immediately be 
     destroyed;
       (ii) the digital contents, and any information derived from 
     the digital contents, may not be disclosed to any 
     Governmental entity or a State or local government; and
       (iii) the Governmental entity employing the investigative 
     or law enforcement officer that accessed the digital contents 
     shall notify the United States person that any copy of the 
     digital contents has been destroyed.
       (2) Protection of public safety and health.--A Governmental 
     entity may access the digital contents of electronic 
     equipment belonging to or in possession of a United States 
     person at the border without a warrant described in 
     subsection (a)(1) if the access is--
       (A) necessary for the provision of fire, medical, public 
     safety, or other emergency services; and
       (B) unrelated to the investigation of a possible crime or 
     other violation of the law.
       (c) Informed Consent in Writing.--
       (1) Notice.--
       (A) In general.--A Governmental entity shall provide the 
     notice described in subparagraph (B) before requesting that a 
     United States person at the border--
       (i) provide consent to access the digital contents of any 
     electronic equipment belonging to or in the possession of or 
     the digital contents of an online account of the United 
     States person;
       (ii) disclose an access credential that would enable access 
     to the digital contents of electronic equipment or the 
     digital contents of an online account of the United States 
     person;
       (iii) provide access to the digital contents of electronic 
     equipment or the digital contents of an online account of the 
     United States person; or

[[Page S1111]]

       (iv) provide online account information of the United 
     States person.
       (B) Contents.--The notice described in this subparagraph is 
     written notice in a language understood by the United States 
     person that the Governmental entity--
       (i) may not--

       (I) compel access to the digital contents of electronic 
     equipment belonging to or in the possession of, the digital 
     contents of an online account of, or the online account 
     information of a United States person without a valid 
     warrant;
       (II) deny entry into or exit from the United States by the 
     United States person based on a refusal by the United States 
     person to--

       (aa) disclose an access credential that would enable access 
     to the digital contents of electronic equipment or the 
     digital contents of an online account;
       (bb) provide access to the digital contents of electronic 
     equipment or the digital contents of an online account; or
       (cc) provide online account information; or

       (III) delay entry into or exit from the United States by 
     the United States person for longer than the period of time, 
     which may not exceed 4 hours, necessary to determine whether 
     the United States person will consensually provide an access 
     credential, access, or online account information, as 
     described in items (aa), (bb), and (cc) of subclause (II); 
     and

       (ii) if the Governmental entity has probable cause that the 
     electronic equipment contains information that is relevant to 
     an allegation that the United States person has committed a 
     felony, may seize electronic equipment belonging to or in the 
     possession of the United States person for a period of time 
     if the United States person refuses to consensually provide 
     access to the digital contents of the electronic equipment.
       (2) Consent.--
       (A) In general.--A Governmental entity shall obtain written 
     consent described in subparagraph (B) before--
       (i) accessing, pursuant to the consent of a United States 
     person at the border the digital contents of electronic 
     equipment belonging to or in the possession of or the digital 
     contents of an online account of the United States person;
       (ii) obtaining, pursuant to the consent of a United States 
     person at the border, an access credential of the United 
     States person that would enable access to the digital 
     contents of electronic equipment or the digital contents of 
     an online account; or
       (iii) obtaining, pursuant to the consent of a United States 
     person at the border, online account information for an 
     online account of the United States person.
       (B) Contents of written consent.--Written consent described 
     in this subparagraph is written consent that--
       (i) indicates the United States person understands the 
     protections and limitations described in paragraph (1)(B);
       (ii) states the United States person is--

       (I) providing consent to the Governmental entity to access 
     certain digital contents or consensually disclosing an access 
     credential; or
       (II) consensually providing online account information; and

       (iii) specifies the digital contents, access credential, or 
     online account information with respect to which the United 
     States person is providing consent.
       (d) Retention of Digital Contents.--
       (1) Lawful access.--A Governmental entity that obtains 
     access to the digital contents of electronic equipment, the 
     digital contents of an online account, or online account 
     information in accordance with this section may not make or 
     retain a copy of the digital contents or online account 
     information, or any information directly or indirectly 
     derived from the digital contents or online account 
     information, unless there is probable cause to believe the 
     digital contents or online account information contains 
     evidence of, or constitutes the fruits of, a crime.
       (2) Unlawful access.--If a Governmental entity obtains 
     access to the digital contents of electronic equipment, 
     digital contents of an online account, or online account 
     information in a manner that is not in accordance with this 
     section, the Governmental entity--
       (A) shall immediately destroy any copy of the digital 
     contents or online account information, and any information 
     directly or indirectly derived from the digital contents or 
     online account information, in the custody or control of the 
     Governmental entity;
       (B) may not disclose the digital contents or online account 
     information, or any information directly or indirectly 
     derived from the digital contents or online account 
     information, to any other Governmental entity or a State or 
     local government; and
       (C) shall notify the United States person that any copy of 
     the digital contents or online account information, and any 
     information directly or indirectly derived from the digital 
     contents or online account information, has been destroyed.
       (e) Recordkeeping.--A Governmental entity shall keep a 
     record of each instance in which the Governmental entity 
     obtains access to the digital contents of electronic 
     equipment belonging to or in the possession of an individual 
     at the border, the digital contents of an online account of 
     an individual who is at the border, or online account 
     information of an individual who is at the border, which 
     shall include--
       (1) the reason for the access;
       (2) the nationality, immigration status, and admission 
     category of the individual;
       (3) the nature and extent of the access;
       (4) if the access was consensual, how and to what the 
     individual consented, and what the individual provided by 
     consent;
       (5) whether electronic equipment of the individual was 
     seized;
       (6) whether the Governmental entity made a copy of all or a 
     portion of the digital contents or online account 
     information, or any information directly or indirectly 
     derived from the digital contents or online account 
     information; and
       (7) whether the digital contents or online account 
     information, or any information directly or indirectly 
     derived from the digital contents or online account 
     information, was shared with another Governmental entity or a 
     State or local government.

     SEC. _06. LIMITS ON USE OF DIGITAL CONTENTS AS EVIDENCE.

       (a) In General.--Whenever any digital contents or online 
     account information have been obtained in violation of this 
     title, no part of the digital contents or online account 
     information and no evidence derived therefrom may be received 
     in evidence in any trial, hearing, or other proceeding 
     (including any proceeding relating to the immigration laws, 
     as defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))) in or before any court, 
     grand jury, department, officer, agency, regulatory body, 
     legislative committee, or other authority of the United 
     States, a State, or a political subdivision thereof.
       (b) Application.--To the maximum extent practicable, the 
     limitations under subsection (a) shall be applied in the same 
     manner as the limitations under section 2515 of title 18, 
     United States Code.

     SEC. _07. LIMITS ON SEIZURE OF ELECTRONIC EQUIPMENT.

       A Governmental entity may not seize any electronic 
     equipment belonging to or in the possession of a United 
     States person at the border unless there is probable cause to 
     believe that the electronic equipment contains information 
     that is relevant to an allegation that the United States 
     person has committed a felony.

     SEC. _08. AUDIT AND REPORTING REQUIREMENTS.

       In March of each year, the Secretary of Homeland Security 
     shall submit to Congress and make publicly available on the 
     Web site of the Department of Homeland Security a report that 
     includes the following:
       (1) The number of times during the previous year that an 
     officer or employee of the Department of Homeland Security 
     did each of the following:
       (A) Accessed the digital contents of any electronic 
     equipment belonging to or in the possession of or the digital 
     contents of an online account of a United States person at 
     the border pursuant to a warrant supported by probable cause 
     issued using the procedures described in the Federal Rules of 
     Criminal Procedure by a court of competent jurisdiction.
       (B) Accessed the digital contents of any electronic 
     equipment belonging to or in the possession of a United 
     States person at the border pursuant to the emergency 
     authority under section _05(b).
       (C) Requested consent to access the digital contents of any 
     electronic equipment belonging to or in the possession of, 
     the digital contents of an online account of, or online 
     account information of a United States person at the border.
       (D) Accessed the digital contents of any electronic 
     equipment belonging to or in the possession of, the digital 
     contents of an online account of, or online account 
     information of a United States person at the border pursuant 
     to written consent provided in accordance with section 
     _05(c).
       (E) Requested a United States person at the border 
     consensually disclose an access credential that would enable 
     access to the digital contents of electronic equipment or the 
     digital contents of an online account of the United States 
     person.
       (F) Accessed the digital contents of electronic equipment 
     or the digital contents of an online account of a United 
     States person at the border using an access credential 
     pursuant to written consent provided in accordance with 
     section _05(c).
       (G) Accessed the digital contents of any electronic 
     equipment belonging to or in the possession of, the digital 
     contents of an online account of, or online account 
     information of a United States person at the border in a 
     manner that was not in accordance with section _05.
       (H) Accessed the digital contents of any electronic 
     equipment belonging to or in the possession of, the digital 
     contents of an online account of, or online account 
     information of an individual who is not a United States 
     person at the border.
       (I) Accessed the digital contents of any electronic 
     equipment belonging to or in the possession of an individual 
     at the border, the digital contents of an online account of 
     an individual at the border, or online account information of 
     an individual at the border (regardless of whether the 
     individual is a United States person) at the request of a 
     Governmental entity (including another component of the 
     Department of Homeland Security) that is not the Governmental 
     entity employing the individual accessing the digital 
     contents or online account information.
       (2) Aggregate data on--
       (A) the number of United States persons for which a 
     Governmental entity obtains access to--

[[Page S1112]]

       (i) the digital contents of electronic equipment belonging 
     to or in the possession of the United States person at the 
     border;
       (ii) the digital contents of an online account of the 
     United States person while at the border; or
       (iii) online account information of the United States 
     person while at the border;
       (B) the country from which United States persons departed 
     most recently before arriving in the United States for the 
     United States persons for which a Governmental entity obtains 
     access to--
       (i) the digital contents of electronic equipment belonging 
     to or in the possession of the United States person at the 
     border;
       (ii) the digital contents of an online account of the 
     United States person while at the border; or
       (iii) online account information of the United States 
     person while at the border;
       (C) the number and nationality of individuals who are not 
     United States persons for which a Governmental entity obtains 
     access to--
       (i) the digital contents of electronic equipment belonging 
     to or in the possession of the individuals at the border;
       (ii) the digital contents of an online account of the 
     individuals while at the border; or
       (iii) online account information of the individuals while 
     at the border; and
       (D) the country from which individuals who are not United 
     States persons departed most recently before arriving in the 
     United States for the individuals for which a Governmental 
     entity obtains access to--
       (i) the digital contents of electronic equipment belonging 
     to or in the possession of the individuals at the border;
       (ii) the digital contents of an online account of the 
     individuals while at the border; or
       (iii) online account information of the individuals while 
     at the border.
       (3) Aggregate data regarding the perceived race and 
     ethnicity of individuals for whom a Governmental entity 
     obtains access to--
       (A) the digital contents of electronic equipment belonging 
     to or in the possession of the individuals at the border;
       (B) the digital contents of an online account of the 
     individuals while at the border; or
       (C) online account information of the individuals while at 
     the border.
                                 ______
                                 
  SA 1994. Mr. WYDEN 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. _____. PROHIBITION ON THE USE OF CELL SITE SIMULATORS.

       Notwithstanding section 287 of the Immigration and 
     Nationality Act (8 U.S.C. 1357) or any other provision of 
     law, an officer or employee of U.S. Immigration and Customs 
     Enforcement may not use a cell site simulator--
       (1) to locate an individual whose only suspected criminal 
     offense is an offense under section 275 or 276 of the 
     Immigration and Nationality Act (8 U.S.C. 1325, 1326); or
       (2) to locate an individual in order to remove or deport 
     the individual from the United States.
                                 ______
                                 
  SA 1995. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her 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. ___. U.S. CUSTOMS AND BORDER PROTECTION HIRING AND 
                   RETENTION.

       (a) Short Title.--This section may be cited as the ``U.S. 
     Customs and Border Protection Hiring and Retention Act of 
     2018'' or the ``CBP HiRe Act''.
       (b) Flexibility in Employment Authorities.--
       (1) In general.--Chapter 97 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 9702. U.S. Customs and Border Protection employment 
       authorities

       ``(a) Definitions.--In this section--
       ``(1) the term `CBP employee' means an employee of U.S. 
     Customs and Border Protection;
       ``(2) the term `Commissioner' means the Commissioner of 
     U.S. Customs and Border Protection;
       ``(3) the term `Director' means the Director of the Office 
     of Personnel Management;
       ``(4) the term `rural or remote area' means an area within 
     the United States that is not within an area defined and 
     designated as an urbanized area by the Bureau of the Census 
     in the most recently completed decennial census; and
       ``(5) the term `Secretary' means the Secretary of Homeland 
     Security.
       ``(b) Demonstration of Recruitment and Retention 
     Difficulties in Rural or Remote Areas.--
       ``(1) In general.--For purposes of subsections (c) and (d), 
     the Secretary shall determine, for a rural or remote area, 
     whether there is--
       ``(A) a critical hiring need in the area; and
       ``(B) a direct relationship between--
       ``(i) the rural or remote nature of the area; and
       ``(ii) difficulty in the recruitment and retention of CBP 
     employees in the area.
       ``(2) Factors.--To inform the determination of a direct 
     relationship under paragraph (1)(B), the Secretary may 
     consider evidence--
       ``(A) that the Secretary--
       ``(i) is unable to efficiently and effectively recruit 
     individuals for positions as CBP employees, which may be 
     demonstrated with various types of evidence, including--

       ``(I) evidence that multiple positions have been 
     continuously vacant for significantly longer than the 
     national average period for which similar positions in U.S. 
     Customs and Border Protection are vacant; or
       ``(II) recruitment studies that demonstrate the inability 
     of the Secretary to efficiently and effectively recruit CBP 
     employees for positions in the area; or

       ``(ii) experiences a consistent inability to retain CBP 
     employees that negatively impacts agency operations at a 
     local or regional level; or
       ``(B) of any other inability, directly related to 
     recruitment or retention difficulties, that the Secretary 
     determines sufficient.
       ``(c) Direct Hire Authority; Recruitment and Relocation 
     Bonuses; Retention Bonuses.--
       ``(1) Direct hire authority.--
       ``(A) In general.--The Secretary may appoint, without 
     regard to any provision of sections 3309 through 3319, 
     candidates to positions in the competitive service as CBP 
     employees, in a rural or remote area, if the Secretary--
       ``(i) determines that--

       ``(I) there is a critical hiring need; and
       ``(II) there exists a severe shortage of qualified 
     candidates because of the direct relationship identified by 
     the Secretary under subsection (b)(1)(B) of this section 
     between--

       ``(aa) the rural or remote nature of the area; and
       ``(bb) difficulty in the recruitment and retention of CBP 
     employees in the area; and
       ``(ii) has given public notice for the positions.
       ``(B) Prioritization of hiring veterans.--If the Secretary 
     uses the direct hiring authority under subparagraph (A), the 
     Secretary shall apply the principles of preference for the 
     hiring of veterans established under subchapter I of chapter 
     33.
       ``(2) Recruitment and relocation bonuses.--The Secretary 
     may pay a bonus to an individual (other than an individual 
     described in subsection (a)(2) of section 5753) if--
       ``(A) the Secretary determines that--
       ``(i) conditions consistent with the conditions described 
     in paragraphs (1) and (2) of subsection (b) of such section 
     5753 are satisfied with respect to the individual (without 
     regard to any other provision of that section); and
       ``(ii) the position to which the individual is appointed or 
     to which the individual moves or must relocate--

       ``(I) is a position as a CBP employee; and
       ``(II) is in a rural or remote area for which the Secretary 
     has identified a direct relationship under subsection 
     (b)(1)(B) of this section between--

       ``(aa) the rural or remote nature of the area; and
       ``(bb) difficulty in the recruitment and retention of CBP 
     employees in the area; and
       ``(B) the individual enters into a written service 
     agreement with the Secretary--
       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(3) Retention bonuses.--The Secretary may pay a retention 
     bonus to a CBP employee (other than an individual described 
     in subsection (a)(2) of section 5754) if--
       ``(A) the Secretary determines that--
       ``(i) a condition consistent with the condition described 
     in subsection (b)(1) of such section 5754 is satisfied with 
     respect to the CBP employee (without regard to any other 
     provision of that section);
       ``(ii) the CBP employee is employed in a rural or remote 
     area for which the Secretary has identified a direct 
     relationship under subsection (b)(1)(B) of this section 
     between--

       ``(I) the rural or remote nature of the area; and
       ``(II) difficulty in the recruitment and retention of CBP 
     employees in the area; and

       ``(iii) in the absence of a retention bonus, the CBP 
     employee would be likely to leave--

       ``(I) the Federal service; or
       ``(II) for a different position in the Federal service, 
     including a position in another agency or component of the 
     Department of Homeland Security; and

       ``(B) the individual enters into a written service 
     agreement with the Secretary--

[[Page S1113]]

       ``(i) under which the individual is required to complete a 
     period of employment as a CBP employee of not less than 2 
     years; and
       ``(ii) that includes--

       ``(I) the commencement and termination dates of the 
     required service period (or provisions for the determination 
     thereof);
       ``(II) the amount of the bonus; and
       ``(III) other terms and conditions under which the bonus is 
     payable, subject to the requirements of this subsection, 
     including--

       ``(aa) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(bb) the effect of a termination described in item (aa).
       ``(4) Rules for bonuses.--
       ``(A) Maximum bonus.--A bonus paid to an employee under--
       ``(i) paragraph (2) may not exceed 100 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period; and
       ``(ii) paragraph (3) may not exceed 50 percent of the 
     annual rate of basic pay of the employee as of the 
     commencement date of the applicable service period.
       ``(B) Relation to basic pay.--A bonus paid to an employee 
     under paragraph (2) or (3) shall not be considered part of 
     the basic pay of the employee for any purpose.
       ``(5) OPM oversight.--The Director shall, to the extent 
     practicable--
       ``(A) set aside a determination of the Secretary under this 
     subsection if the Director finds substantial evidence that 
     the Secretary abused the discretion of the Secretary in 
     making the determination; and
       ``(B) oversee the compliance of the Secretary with this 
     subsection.
       ``(d) Special Pay Authority.--In addition to the 
     circumstances described in subsection (b) of section 5305, 
     the Director may establish special rates of pay in accordance 
     with that section if the Director finds that the recruitment 
     or retention efforts of the Secretary with respect to 
     positions for CBP employees in 1 or more areas or locations 
     are, or are likely to become, significantly handicapped 
     because the positions are located in a rural or remote area 
     for which the Secretary has identified a direct relationship 
     under subsection (b)(1)(B) of this section between--
       ``(1) the rural or remote nature of the area; and
       ``(2) difficulty in the recruitment and retention of CBP 
     employees in the area.
       ``(e) Regular CBP Review.--
       ``(1) Ensuring flexibilities meet cbp needs.--Each year, 
     the Secretary shall review the use of hiring flexibilities 
     under subsections (c) and (d) to fill positions at a location 
     in a rural or remote area to determine--
       ``(A) the impact of the use of those flexibilities on 
     solving hiring and retention challenges at the location;
       ``(B) whether hiring and retention challenges still exist 
     at the location; and
       ``(C) whether the Secretary needs to continue to use those 
     flexibilities at the location.
       ``(2) Consideration.--In conducting the review under 
     paragraph (1), the Secretary shall consider--
       ``(A) whether any CBP employee accepted an employment 
     incentive under subsection (c) or (d) and then transferred to 
     a new location or left U.S. Customs and Border Protection; 
     and
       ``(B) the length of time that each employee identified 
     under subparagraph (A) stayed at the original location before 
     transferring to a new location or leaving U.S. Customs and 
     Border Protection.
       ``(3) Distribution.--The Secretary shall submit to Congress 
     a report on each review required under paragraph (1).
       ``(f) Improving CBP Hiring and Retention.--
       ``(1) Education of cbp hiring officials.--Not later than 
     180 days after the date of enactment of the U.S. Customs and 
     Border Protection Hiring and Retention Act of 2018, and in 
     conjunction with the Chief Human Capital Officer of the 
     Department of Homeland Security, the Secretary shall develop 
     and implement a strategy to improve education regarding 
     hiring and human resources flexibilities (including hiring 
     and human resources flexibilities for locations in rural or 
     remote areas) for all employees, serving in agency 
     headquarters or field offices, who are involved in the 
     recruitment, hiring, assessment, or selection of candidates 
     for locations in a rural or remote area, as well as the 
     retention of current employees.
       ``(2) Elements.--Elements of the strategy under paragraph 
     (1) shall include the following:
       ``(A) Developing or updating training and educational 
     materials on hiring and human resources flexibilities for 
     employees who are involved in the recruitment, hiring, 
     assessment, or selection of candidates, as well as the 
     retention of current employees.
       ``(B) Regular training sessions for personnel who are 
     critical to filling open positions in rural or remote areas.
       ``(C) The development of pilot programs or other programs, 
     as appropriate, to address identified hiring challenges in 
     rural or remote areas.
       ``(D) Developing and enhancing strategic recruiting efforts 
     through relationships with institutions of higher education, 
     as defined in section 102 of the Higher Education Act of 1965 
     (20 U.S.C. 1002), veterans transition and employment centers, 
     and job placement program in regions that could assist in 
     filling positions in rural or remote areas.
       ``(E) Examination of existing agency programs on how to 
     most effectively aid spouses and families of individuals who 
     are candidates or new hires in a rural or remote area.
       ``(F) Feedback from individuals who are candidates or new 
     hires at locations in a rural or remote area, including 
     feedback on the quality of life in rural or remote areas for 
     new hires and their families.
       ``(G) Feedback from CBP employees, other than new hires, 
     who are stationed at locations in a rural or remote area, 
     including feedback on the quality of life in rural or remote 
     areas for those CBP employees and their families.
       ``(H) Evaluation of Department of Homeland Security 
     internship programs and the usefulness of those programs in 
     improving hiring by the Secretary in rural or remote areas.
       ``(3) Evaluation.--
       ``(A) In general.--Each year, the Secretary shall --
       ``(i) evaluate the extent to which the strategy developed 
     and implemented under paragraph (1) has improved the hiring 
     and retention ability of the Secretary; and
       ``(ii) make any appropriate updates to the strategy under 
     paragraph (1).
       ``(B) Information.--The evaluation conducted under 
     subparagraph (A) shall include--
       ``(i) any reduction in the time taken by the Secretary to 
     fill mission-critical positions in rural or remote areas;
       ``(ii) a general assessment of the impact of the strategy 
     implemented under paragraph (1) on hiring challenges in rural 
     or remote areas; and
       ``(iii) other information the Secretary determines 
     relevant.
       ``(g) Inspector General Review.--Not later than 2 years 
     after the date of enactment of the U.S. Customs and Border 
     Protection Hiring and Retention Act of 2018, the Inspector 
     General of the Department of Homeland Security shall review 
     the use of hiring flexibilities by the Secretary under 
     subsections (c) and (d) to determine whether the use of those 
     flexibilities is helping the Secretary meet hiring and 
     retention needs in rural and remote areas.
       ``(h) Report on Polygraph Requests.--The Secretary shall 
     report to Congress on the number of requests the Secretary 
     receives from any other Federal agency for the file of an 
     applicant for a position in U.S. Customs and Border Patrol 
     that includes the results of a polygraph examination.
       ``(i) Exercise of Authority.--
       ``(1) Sole discretion.--The exercise of authority under 
     subsection (c) shall be subject to the sole and exclusive 
     discretion of the Secretary (or the Commissioner, as 
     applicable under paragraph (2) of this subsection), 
     notwithstanding chapter 71.
       ``(2) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may delegate any authority under this section to 
     the Commissioner.
       ``(B) Oversight.--The Commissioner may not make a 
     determination under subsection (b)(1) unless the Secretary 
     approves the determination.
       ``(j) Rule of Construction.--Nothing in this section shall 
     be construed to exempt the Secretary or the Director from the 
     applicability of the merit system principles under section 
     2301.
       ``(k) Sunset.--The authorities under subsections (c) and 
     (d) shall terminate on the date that is 5 years after the 
     date of enactment of the U.S. Customs and Border Protection 
     Hiring and Retention Act of 2018.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 97 of title 5, United States Code, is 
     amended by adding at the end the following:

``9702. U.S. Customs and Border Protection employment authorities.''.
                                 ______
                                 
  SA 1996. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her 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. __. 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 award 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 shall be 
     located in--
       ``(1) a State bordering Canada or Mexico;
       ``(2) a State or territory with a maritime border; or
       ``(3) Indian country (as defined in section 1151 of title 
     18, United States Code) that is located all or in part of a 
     State bordering Canada or Mexico.
       ``(c) Permitted Uses.--The recipient of a grant under this 
     section may use such grant for--
       ``(1) equipment, including maintenance and sustainment 
     costs;

[[Page S1114]]

       ``(2) personnel, including overtime and backfill, in 
     support of enhanced border law enforcement activities;
       ``(3) any activity permitted for Operation Stonegarden 
     under the Department of Homeland Security's most recent 
     Homeland Security Grant Program Notice of Funding 
     Opportunity; and
       ``(4) any other appropriate activity, as determined by the 
     Administrator, in consultation with the Commissioner of U.S. 
     Customs and Border Protection.
       ``(d) Period of Performance.--The Secretary shall award 
     grants under this section to grant recipients for a period of 
     not less than 36 months.
       ``(e) Report.--For each of the fiscal years 2018 through 
     2022, the Administrator shall submit 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 containing 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 
     2019 through 2023, for grants under this section. There is 
     hereby appropriated $110,000,000 for fiscal year 2019 for 
     grants under this section.''.
       (b) Conforming Amendment.--Section 2002(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 603(a)) 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 (Public Law 107-
     296) is amended by inserting after the item relating to 
     section 2008 the following:

``Sec. 2009. Operation Stonegarden.''.
                                 ______
                                 
  SA 1997. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her 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. __. NORTHERN BORDER THREAT ANALYSIS AND STRATEGY.

       The Northern Border Security Review Act (Public Law 114-
     267) is amended--
       (1) in section 3(a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``and not later than 3 years thereafter,'' after ``this 
     Act,'';
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(5) any additional factors that the Secretary determines 
     to be relevant to the development of the Northern Border 
     threat analysis; and
       ``(6) a determination of whether a new Northern Border 
     strategy is needed to meet the threats identified by the 
     Northern Border threat analysis.''; and
       (2) by adding at the end the following:

     ``SEC. 4. NORTHERN BORDER STRATEGY.

       ``(a) In General.--If the Secretary of Homeland Security 
     determines under section 3(a)(6) that a new Northern Border 
     strategy is needed to meet the threats identified by the 
     threat analysis required under section 3(a), the new Northern 
     Border strategy shall be submitted to the appropriate 
     congressional committees not later than 180 days after the 
     completion of the threat analysis.
       ``(b) Strategy Requirements.--In developing a new strategy 
     under this section, the Secretary shall consider--
       ``(1) the technology needs of the Department of Homeland 
     Security;
       ``(2) the personnel needs of the Department of Homeland 
     Security;
       ``(3) the role of State, tribal, and local law enforcement 
     in general border security activities;
       ``(4) the best methods for improving partnerships between 
     Federal, State, tribal, and local law enforcement to improve 
     border security;
       ``(5) the need for cooperation among Federal, State, 
     tribal, local, and Canadian law enforcement entities relating 
     to border security, and how to improve such cooperation;
       ``(6) the infrastructure needs of the Department of 
     Homeland Security, including the physical approaches to 
     Department facilities; and
       ``(7) the terrain, population density, and climate along 
     the Northern Border.

     ``SEC. 5. NORTHERN BORDER STRATEGY IMPLEMENTATION PLAN.

       ``(a) In General.--If the Secretary develops a new Northern 
     Border strategy under section 4, the Secretary shall submit a 
     implementation plan for the strategy to the appropriate 
     congressional committees not later than 180 days after the 
     strategy is submitted to the appropriate congressional 
     committees.
       ``(b) Implementation Plan Requirements.--In developing a 
     new implementation plan under this section, the Secretary 
     shall include--
       ``(1) the specific technology, personnel, and 
     infrastructure needs of the Department of Homeland Security 
     to successfully implement the strategy; and
       ``(2) any changes in Department policy required to 
     successfully implement the strategy.''.
                                 ______
                                 
  SA 1998. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her 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. ____. LIMITATION ON RESOURCE TRANSFERS FROM THE NORTHERN 
                   BORDER.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.
       (b) Limitation.--The Secretary of Homeland Security may not 
     reduce the levels of Department of Homeland Security 
     personnel, resources, technological assets or funding for 
     operations on the Northern Border below such levels in effect 
     on the day before the date of the enactment of this Act.
       (c) Emergency Authority.--The Secretary may temporarily 
     transfer personnel, resources, technological assets, or 
     funding for operations on the Northern Border if the 
     Secretary notifies and provides justification to the 
     appropriate congressional committees that such a transfer is 
     required to meet a critical emergency.
       (d) Duration of Authority.--Any authority exercised under 
     subsection (c) shall last for 90 days but may be extended for 
     additional 90-day periods provided that the Secretary 
     continues to notify the appropriate congressional committees 
     for each additional 90-day extension and provide 
     justification that the critical emergency continues to exist.
                                 ______
                                 
  SA 1999. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her 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 FOR CERTAIN BATTERED SPOUSES AND CHILDREN.

       (a) Nonimmigrant Status for Certain Battered Spouses and 
     Children.--
       (1) In general.--Section 101(a)(51) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(51)), as amended by section 
     2305(d)(6)(B)(i)(III), is further amended--
       (A) in subparagraph (E), by striking ``or'' at the end the 
     following;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon and ``or''; and
       (C) by adding at the end the following:
       ``(G) section 106 as an abused derivative alien.''.
       (b) Relief for Abused Derivative Aliens.--
       (1) In general.--Section 106 of such Act (8 U.S.C. 1105a) 
     is amended to read as follows:

     ``SEC. 106. RELIEF FOR ABUSED DERIVATIVE ALIENS.

       ``(a) Abused Derivative Alien Defined.--In this section, 
     the term `abused derivative alien' means an alien who--
       ``(1) is the spouse or child admitted under section 
     101(a)(15);
       ``(2) is accompanying or following to join a principal 
     alien admitted under such a section; and
       ``(3) has been subjected to battery or extreme cruelty by 
     such principal alien.
       ``(b) Relief for Abused Derivative Aliens.--The Secretary--
       ``(1) shall grant or extend the status of admission of an 
     abused derivative alien under the such section 101(a)(15) 
     under which the principal alien was admitted for the longer 
     of--
       ``(A) the same period of time for which the principal was 
     initially admitted; or
       ``(B) a period of 3 years;
       ``(2) may renew a grant or extension of status made under 
     paragraph (1);
       ``(3) shall grant employment authorization to an abused 
     derivative alien; and
       ``(4) may adjust the status of the abused derivative alien 
     to that of an alien lawfully admitted for permanent residence 
     if--
       ``(A) the alien is admissible under section 212(a) or the 
     Secretary of Homeland Security finds the alien's continued 
     presence in the United States is justified on humanitarian 
     grounds, to ensure family unity, or is otherwise in the 
     public interest; and

[[Page S1115]]

       ``(B) the status under which the principal alien was 
     admitted to the United States would have potentially allowed 
     for eventual adjustment of status.
       ``(c) Effect of Termination of Relationship.--Termination 
     of the relationship with principal alien shall not affect the 
     status of an abused derivative alien under this section if 
     battery or extreme cruelty by the principal alien was 1 
     central reason for termination of the relationship.
       ``(d) Procedures.--Requests for relief under this section 
     shall be handled under the procedures that apply to aliens 
     seeking relief under section 204(a)(1)(C).''.
       (2) Table of contents amendment.--The table of contents in 
     the first section is amended by striking the item relating to 
     section 106 and inserting the following:

``Sec. 106. Relief for abused derivative aliens.''.
                                 ______
                                 
  SA 2000. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her 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. ___. ADDITION OF ELDER ABUSE TO LIST OF PREDICATE CRIMES 
                   FOR U VISAS.

       Section 101(a)(15)(U)(iii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by 
     inserting ``elder abuse;'' after ``stalking;''.
                                 ______
                                 
  SA 2001. Ms. KLOBUCHAR (for herself and Ms. Heitkamp) submitted an 
amendment intended to be proposed by her 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:

    DIVISION _--CONRAD STATE 30 AND PHYSICIAN ACCESS REAUTHORIZATION

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Conrad State 30 and 
     Physician Access Reauthorization Act''.

     SEC. 2. CONRAD STATE 30 PROGRAM.

       (a) Extension.--Section 220(c) of the Immigration and 
     Nationality Technical Corrections Act of 1994 (Public Law 
     103-416; 8 U.S.C. 1182 note) is amended by striking 
     ``September 30, 2015'' and inserting ``September 30, 2021''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if enacted on April 28, 2017.

     SEC. 3. EMPLOYMENT PROTECTIONS FOR PHYSICIANS.

       (a) In General.--Section 214(l)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(l)(1) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``Attorney General'' and inserting ``Secretary of Homeland 
     Security'';
       (2) in subparagraph (A), by striking ``Director of United 
     States Information Agency'' and inserting ``Secretary of 
     State'';
       (3) in subparagraph (B), by inserting ``, except as 
     provided in paragraphs (7) and (8)'' before the semicolon at 
     the end; and
       (4) in subparagraph (C), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) the alien demonstrates a bona fide offer of full-time 
     employment at a health facility or health care organization, 
     which employment has been determined by the Secretary of 
     Homeland Security to be in the public interest; and
       ``(ii) the alien--
       ``(I) has accepted employment with the health facility or 
     health care organization in a geographic area or areas which 
     are designated by the Secretary of Health and Human Services 
     as having a shortage of health care professionals;
       ``(II) begins employment by the later of the date that is--

       ``(aa) 90 days after receiving such waiver;
       ``(bb) 90 days after completing graduate medical education 
     or training under a program approved pursuant to section 
     212(j)(1); or
       ``(cc) 90 days after receiving nonimmigrant status or 
     employment authorization, if the alien or the alien's 
     employer petitions for such nonimmigrant status or employment 
     authorization not later than 90 days after the date on which 
     the alien completes his or her graduate medical education or 
     training under a program approved pursuant to section 
     212(j)(1); and

       ``(III) agrees to continue to work for a total of not less 
     than 3 years in the status authorized for such employment 
     under this subsection unless--

       ``(aa) the Secretary of Homeland Security determines that 
     extenuating circumstances, including violations by the 
     employer of the employment agreement with the alien or of 
     labor and employment laws, exist that justify a lesser period 
     of employment at such facility or organization, in which case 
     the alien shall demonstrate, not later than 90 days after the 
     employment termination date (unless the Secretary determines 
     that extenuating circumstances would justify an extension), 
     another bona fide offer of employment at a health facility or 
     health care organization in a geographic area or areas which 
     are designated by the Secretary of Health and Human Services 
     as having a shortage of health care professionals, for the 
     remainder of such 3-year period;
       ``(bb) the interested State agency that requested the 
     waiver attests that extenuating circumstances including 
     violations by the employer of the employment agreement with 
     the alien or of labor and employment laws, exist that justify 
     a lesser period of employment at such facility or 
     organization in which case the alien shall demonstrate, not 
     later than 90 days after the employment termination date 
     (unless the Secretary determines that extenuating 
     circumstances would justify an extension), another bona fide 
     offer of employment at a health facility or health care 
     organization in a geographic area or areas which are 
     designated by the Secretary of Health and Human Services as 
     having a shortage of health care professionals, for the 
     remainder of such 3-year period; or
       ``(cc) if the alien elects not to pursue a determination of 
     extenuating circumstances pursuant to item (aa) or (bb), the 
     alien terminates the alien's employment relationship with 
     such facility or organization, in which case the alien shall 
     demonstrate, not later than 45 days after the employment 
     termination date, another bona fide offer of employment at a 
     health facility or health care organization in a geographic 
     area or areas, in the State that requested the alien's 
     waiver, which are designated by the Secretary of Health and 
     Human Services as having a shortage of health care 
     professionals, and agree to be employed for the remainder of 
     such 3-year period, and 1 additional year for each 
     termination under this subclause; and''.

       (b) Allowable Visa Status for Physicians Fulfilling Waiver 
     Requirements in Medically Underserved Areas.--Section 
     214(l)(2) of such Act (8 U.S.C. 1184(l)(2)) is amended by 
     amending subparagraph (A) to read as follows:
       ``(A) Upon the request of an interested Federal agency or 
     an interested State agency for recommendation of a waiver 
     under this section by a physician who is maintaining valid 
     nonimmigrant status under section 101(a)(15)(J) and a 
     favorable recommendation by the Secretary of State, the 
     Secretary of Homeland Security may change the status of such 
     physician to that of an alien described in section 
     101(a)(15)(H)(i)(B). The numerical limitations contained in 
     subsection (g)(1)(A) shall not apply to any alien whose 
     status is changed under this subparagraph.''.
       (c) Violation of Agreements.--Section 214(l)(3)(A) of such 
     Act (8 U.S.C. 1184(l)(3)(A)) is amended by inserting 
     ``substantial requirement of an'' before ``agreement entered 
     into''.
       (d) Physician Employment in Underserved Areas.--Section 
     214(l) of such Act (8 U.S.C. 1184(l)) is amended by adding at 
     the end the following:
       ``(4)(A) If an interested State agency denies the 
     application for a waiver under paragraph (1)(B) from a 
     physician pursuing graduate medical education or training 
     pursuant to section 101(a)(15)(J) because the State has 
     requested the maximum number of waivers permitted for that 
     fiscal year, the physician's nonimmigrant status shall be 
     extended for up to 6 months if the physician agrees to seek a 
     waiver under this subsection (except for paragraph 
     (1)(D)(ii)) to work for an employer described in paragraph 
     (1)(C) in a State that has not yet requested the maximum 
     number of waivers.
       ``(B) Such physician shall be authorized to work only for 
     the employer referred to in subparagraph (A) from the date on 
     which a new waiver application is filed with such State until 
     the earlier of--
       ``(i) the date on which the Secretary of Homeland Security 
     denies such waiver; or
       ``(ii) the date on which the Secretary approves an 
     application for change of status under paragraph (2)(A) 
     pursuant to the approval of such waiver.''.
       (e) Contract Requirements.--Section 214(l) of such Act, as 
     amended by subsection (d), is further amended by adding at 
     the end the following:
       ``(5) An alien granted a waiver under paragraph (1)(C) 
     shall enter into an employment agreement with the contracting 
     health facility or health care organization that--
       ``(A) specifies the maximum number of on-call hours per 
     week (which may be a monthly average) that the alien will be 
     expected to be available and the compensation the alien will 
     receive for on-call time;
       ``(B) specifies--
       ``(i) whether the contracting facility or organization will 
     pay the alien's malpractice insurance premiums;
       ``(ii) whether the employer will provide malpractice 
     insurance; and
       ``(iii) the amount of such insurance that will be provided;
       ``(C) describes all of the work locations that the alien 
     will work and includes a statement that the contracting 
     facility or organization will not add additional work 
     locations without the approval of the Federal agency or State 
     agency that requested the waiver; and
       ``(D) does not include a non-compete provision.
       ``(6) An alien granted a waiver under this subsection whose 
     employment relationship with a health facility or health care 
     organization terminates under paragraph (1)(C)(ii) during the 
     3-year service period required under paragraph (1) shall be 
     considered to be maintaining lawful status in an authorized 
     period of stay during the 90-day period referred to in items 
     (aa) and (bb) of subclause

[[Page S1116]]

     (III) of paragraph (1)(C)(ii) or the 45-day period referred 
     to in subclause (III)(cc) of such paragraph.''.
       (f) Recapturing Waiver Slots Lost to Other States.--Section 
     214(l) of such Act, as amended by subsections (d) and (e), is 
     further amended by adding at the end the following:
       ``(7) If a recipient of a waiver under this subsection 
     terminates the recipient's employment with a health facility 
     or health care organization pursuant to paragraph (1)(C)(ii), 
     including termination of employment because of circumstances 
     described in paragraph (1)(C)(ii)(III), and accepts new 
     employment with such a facility or organization in a 
     different State, the State from which the alien is departing 
     may be accorded an additional waiver by the Secretary of 
     State for use in the fiscal year in which the alien's 
     employment was terminated.''.

     SEC. 4. ALLOTMENT OF CONRAD 30 WAIVERS.

       (a) In General.--Section 214(l) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(l)), as amended by section 3, 
     is further amended by adding at the end the following:
       ``(8)(A)(i) All States shall be allotted a total of 35 
     waivers under paragraph (1)(B) for a fiscal year if 90 
     percent of the waivers available to the States receiving at 
     least 5 waivers were used in the previous fiscal year.
       ``(ii) When an allotment occurs under clause (i), all 
     States shall be allotted an additional 5 waivers under 
     paragraph (1)(B) for each subsequent fiscal year if 90 
     percent of the waivers available to the States receiving at 
     least 5 waivers were used in the previous fiscal year. If the 
     States are allotted 45 or more waivers for a fiscal year, the 
     States will only receive an additional increase of 5 waivers 
     the following fiscal year if 95 percent of the waivers 
     available to the States receiving at least 1 waiver were used 
     in the previous fiscal year.
       ``(B) Any increase in allotments under subparagraph (A) 
     shall be maintained indefinitely, unless in a fiscal year, 
     the total number of such waivers granted is 5 percent lower 
     than in the last year in which there was an increase in the 
     number of waivers allotted pursuant to this paragraph, in 
     which case--
       ``(i) the number of waivers allotted shall be decreased by 
     5 for all States beginning in the next fiscal year; and
       ``(ii) each additional 5 percent decrease in such waivers 
     granted from the last year in which there was an increase in 
     the allotment, shall result in an additional decrease of 5 
     waivers allotted for all States, provided that the number of 
     waivers allotted for all States shall not drop below 30.''.
       (b) Academic Medical Centers.--Section 214(l)(1)(D) of such 
     Act is amended--
       (1) in clause (ii), by striking ``and'' at the end;
       (2) in clause (iii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(iv) in the case of a request by an interested State 
     agency--
       ``(I) the head of such agency determines that the alien is 
     to practice medicine in, or be on the faculty of a residency 
     program at, an academic medical center (as that term is 
     defined in section 411.355(e)(2) of title 42, Code of Federal 
     Regulations, or similar successor regulation), without regard 
     to whether such facility is located within an area designated 
     by the Secretary of Health and Human Services as having a 
     shortage of health care professionals; and
       ``(II) the head of such agency determines that--

       ``(aa) the alien physician's work is in the public 
     interest; and
       ``(bb) the grant of such waiver would not cause the number 
     of the waivers granted on behalf of aliens for such State for 
     a fiscal year (within the limitation in subparagraph (B) and 
     subject to paragraph (6)) in accordance with the conditions 
     of this clause to exceed 3.''.

     SEC. 5. AMENDMENTS TO THE PROCEDURES, DEFINITIONS, AND OTHER 
                   PROVISIONS RELATED TO PHYSICIAN IMMIGRATION.

       (a) Visa Eligibility.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of State 
     shall amend guidance in the Foreign Affairs Manual to clarify 
     that the expression of a future intention to seek a waiver 
     under section 214(l) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(l)) by an alien coming to the United States to 
     receive graduate medical education or training, as described 
     in section 212(j) of such Act (8 U.S.C. 1182(j)), or to take 
     examinations required to receive such graduate medical 
     education or training, shall not, by itself, constitute 
     evidence of an intention to abandon a foreign residence for 
     purposes of obtaining a visa as a nonimmigrant or otherwise 
     obtaining or maintaining the status of a nonimmigrant.
       (b) Applicability of Section 212(e) to Spouses and Children 
     of J-1 Exchange Visitors.--Section 212(e) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(e)) is amended--
       (1) by inserting ``(1)'' after ``(e)''; and
       (2) by adding at the end the following
       ``(2) A spouse or child of an exchange visitor described in 
     section 101(a)(15)(J) shall not be subject to the 
     requirements under this subsection solely on account of such 
     spouse or child's derivative nonimmigrant status to an 
     exchange visitor who is subject to the requirements under 
     this subsection.''.
                                 ______
                                 
  SA 2002. Mr. MARKEY 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. __. PROHIBITION OF BORDER BARRIERS ON NATIONAL PARK 
                   SYSTEM LAND.

       Notwithstanding any other provision of law, no wall or 
     other physical barrier may be constructed on the 
     international border between the United States and Mexico in 
     a unit of the National Park System.
                                 ______
                                 
  SA 2003. Mr. MARKEY 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. __. APPROPRIATION FOR INTERDICT ACT.

       There are appropriated to the Commissioner of U.S. Customs 
     and Border Protection for fiscal year 2019 $15,000,000 to 
     carry out the INTERDICT Act (Public Law 115-112).
                                 ______
                                 
  SA 2004. Mrs. SHAHEEN (for herself and Ms. Hassan) submitted an 
amendment intended to be proposed by her 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. __. PERMANENT RESIDENT STATUS FOR INDONESIANS LIVING IN 
                   THE UNITED STATES FOR MORE THAN 10 YEARS.

       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, 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--
       (1) the alien has been continuously physically present in 
     the United States since the date that is 10 years before the 
     date of the enactment of this Act;
       (2) the alien is a citizen of Indonesia;
       (3) the alien is a member of a religious minority in 
     Indonesia; and
       (4) the alien--
       (A) 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));
       (B) 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
       (C) has not been convicted of--
       (i) any offense under Federal or State law, other than a 
     State offense for which an essential element is the alien's 
     immigration status, that is punishable by a maximum term of 
     imprisonment of more than 1 year; or
       (ii) 3 or more offenses under Federal or State law, other 
     than State offenses for which an essential element is the 
     alien's immigration status, for which the alien was convicted 
     on different dates for each of the 3 offenses and imprisoned 
     for an aggregate of 90 days or more.
                                 ______
                                 
  SA 2005. Mrs. SHAHEEN (for herself, Mr. Leahy, and Ms. Hassan) 
submitted an amendment intended to be proposed by her 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. __. ELIMINATION OF ONE-YEAR FILING DEADLINE FOR ASYLUM 
                   APPLICATIONS.

       Section 208(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1158(a)(2)) is amended--
       (1) in subparagraph (A), by inserting ``or the Secretary of 
     Homeland Security'' after ``Attorney General'' both places 
     the term appears;
       (2) by striking subparagraphs (B) and (D);
       (3) by redesignating subparagraph (C) as subparagraph (B);
       (4) in subparagraph (B), as redesignated, by striking 
     ``subparagraph (D)'' and inserting ``subparagraphs (C) and 
     (D)''; and
       (5) by inserting after subparagraph (B), as redesignated, 
     the following new subparagraphs:
       ``(C) Changed circumstances.--Notwithstanding subparagraph 
     (B), an application for asylum of an alien may be considered 
     if the alien demonstrates, to the satisfaction of the 
     Attorney General or the Secretary of Homeland Security, the 
     existence of changed circumstances that materially affect the 
     applicant's eligibility for asylum.

[[Page S1117]]

       ``(D) Motion to reopen certain meritorious claims.--
     Notwithstanding subparagraph (B) or section 240(c)(7), an 
     alien may file a motion to reopen an asylum claim if the 
     alien--
       ``(i) was denied asylum based solely upon a failure to meet 
     the 1-year application filing deadline in effect on the date 
     on which the application was filed;
       ``(ii) was granted withholding of removal pursuant to 
     section 241(b)(3) and has not obtained lawful permanent 
     residence in the United States pursuant to any other 
     provision of law;
       ``(iii) is not subject to the safe third country exception 
     under subparagraph (A) or a bar to asylum under subsection 
     (b)(2) and should not be denied asylum as a matter of 
     discretion; and
       ``(iv) is physically present in the United States when the 
     motion is filed.''.
                                 ______
                                 
  SA 2006. Mrs. SHAHEEN (for herself and Ms. Hassan) submitted an 
amendment intended to be proposed by her 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. __. PROVISIONAL PROTECTED PRESENCE FOR QUALIFIED 
                   INDONESIANS LIVING IN THE UNITED STATES FOR 
                   MORE THAN 10 YEARS.

       (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 new section:

     ``SEC. 244A. PROVISIONAL PROTECTED PRESENCE FOR QUALIFIED 
                   INDONESIANS LIVING IN THE UNITED STATES FOR 
                   MORE THAN 10 YEARS.

       ``(a) 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 (b) and pays 
     the appropriate application fee; and
       ``(2) shall provide such alien with employment 
     authorization.
       ``(b) Eligibility Criteria.--An alien is eligible for 
     provisional protected presence under this section and 
     employment authorization if--
       ``(1) the alien has been continuously physically present in 
     the United States since the date that is 10 years before the 
     date of the enactment of this section;
       ``(2) the alien is a citizen of Indonesia;
       ``(3) the alien is a member of a religious minority in 
     Indonesia; and
       ``(4) the alien--
       ``(A) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of this Act;
       ``(B) 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
       ``(C) has not been convicted of--
       ``(i) any offense under Federal or State law, other than a 
     State offense for which an essential element is the alien's 
     immigration status, that is punishable by a maximum term of 
     imprisonment of more than 1 year; or
       ``(ii) 3 or more offenses under Federal or State law, other 
     than State offenses for which an essential element is the 
     alien's immigration status, for which the alien was convicted 
     on different dates for each of the 3 offenses and imprisoned 
     for an aggregate of 90 days or more.
       ``(c) 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 three years after 
     the date of the enactment of this section.
       ``(d) 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 (c).
       ``(2) Status outside period.--The granting of provisional 
     protected presence under this section does not excuse 
     previous or subsequent periods of unlawful presence.''.
       (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 for Indonesians living in 
              the United States for more than 10 years.''.
                                 ______
                                 
  SA 2007. Mrs. MURRAY (for herself, Ms. Cortez Masto, and Mr. Leahy) 
submitted an amendment intended to be proposed by her 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. __. ELIMINATION OF NUMERICAL LIMITATION ON U VISAS.

       Section 214(p) of the Immigration and Nationality Act (8 
     U.S.C. 1184(p)) is amended by striking paragraph (2).
                                 ______
                                 
  SA 2008. Mrs. MURRAY submitted an amendment intended to be proposed 
by her 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. ___. PROHIBITION ON SHACKLING, CHAINING, AND RESTRAINING 
                   PREGNANT WOMEN IN DETENTION.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on the Judiciary, the Committee on 
     Appropriations, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate; and
       (B) Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives.
       (2) Detainee.--The term ``detainee'' includes any adult or 
     juvenile person detained by any Federal, State, or local law 
     enforcement agency (including under contract or agreement 
     with such agency) under the Immigration and Nationality Act 
     (8 U.S.C. 1101 et seq.).
       (3) Detention facility.--The term ``detention facility'' 
     means a Federal, State, or local government facility, or a 
     privately owned and operated facility, that is used, in whole 
     or in part, to hold individuals under the authority of the 
     Director of U.S. Immigration and Customs Enforcement or the 
     Commissioner of U.S. Customs and Border Protection, including 
     facilities that hold such individuals under a contract or 
     agreement with the Director or Commissioner, or that is used, 
     in whole or in part, to hold individuals pursuant to an 
     immigration detainer.
       (4) Facility administrator.--The term ``facility 
     administrator'' means the official that is responsible for 
     oversight of a detention facility or the designee of such 
     official.
       (5) Postpartum recovery.--The term ``postpartum recovery'' 
     means the 6-week period, or longer as determined by her 
     health care provider, following delivery, including the 
     entire period a woman is in the hospital or infirmary after 
     birth.
       (6) Restraint.--The term ``restraint'' means any physical 
     restraint or mechanical device used to control the movement 
     of a detainee's body or limbs, including flex cuffs, soft 
     restraints, hard metal handcuffs, a black box, Chubb cuffs, 
     leg irons, belly chains, a security (tether) chain, or a 
     convex shield.
       (b) Prohibition on Restraint of Pregnant Detainees.--
       (1) Prohibition.--A detention facility shall not use 
     restraints on a detainee known to be pregnant, including 
     during labor, transport to a medical facility or birthing 
     center, delivery, and postpartum recovery, unless the 
     facility administrator makes an individualized determination 
     that the detainee presents an extraordinary circumstance as 
     described in paragraph (2).
       (2) Extraordinary circumstance.--Restraints for an 
     extraordinary circumstance are only permitted if a lead 
     medical staff who is a licensed health care provider has 
     directed the use of restraints for medical reasons or if the 
     facility administrator makes an individualized determination 
     that--
       (A) credible, reasonable grounds exist to believe the 
     detainee presents an immediate and serious threat of hurting 
     herself, staff or others; or
       (B) reasonable grounds exist to believe the detainee 
     presents an immediate and credible risk of escape that cannot 
     be reasonably minimized through any other method.
       (3) Requirement for least restrictive restraints.--In the 
     rare event that one of the extraordinary circumstances in 
     paragraph (2) applies, only the least restrictive restraints 
     necessary shall be used, except that--
       (A) if a doctor, nurse, or other health professional 
     treating the detainee requests that restraints not be used, 
     the detention officer accompanying the detainee shall 
     immediately remove all restraints;
       (B) under no circumstance shall leg, waist, or four point 
     restraints be used;
       (C) under no circumstance shall wrist restraints be used to 
     bind the detainee's hands behind her back or to another 
     person; and
       (D) under no circumstances shall any restraints be used on 
     any detainee in labor or delivery.
       (4) Record of extraordinary circumstances.--
       (A) Requirement.--If restraints are used on a detainee 
     pursuant to paragraph (2), the facility administrator shall 
     make a written finding within 10 days as to the extraordinary 
     circumstance that dictated the use of the restraints.
       (B) Retention.--A written finding made under subparagraph 
     (A) shall be kept on file by the detention facility for at 
     least 5 years and be made available for public inspection, 
     except that no individually identifying information of any 
     detainee shall be made public without the detainee's prior 
     written consent.
       (c) Prohibition on Presence of Detention Officers.--Upon a 
     detainee's admission to a

[[Page S1118]]

     medical facility or birthing center, no detention officer 
     shall be present in the room during a pelvic exam, labor, 
     delivery, or treatment of other symptoms related to 
     pregnancy, unless specifically requested by medical 
     personnel. If a detention officer's presence is requested by 
     medical personnel, the detention officer shall be female, if 
     practicable, and remain near the detainee's head to protect 
     her privacy. If restraints are used on a detainee pursuant to 
     subsection (b)(2), a detention officer shall remain 
     immediately outside the room at all times so that the officer 
     may promptly remove the restraints if requested by medical 
     personnel, as required by subsection (b)(3)(A).
       (d) Treatment of Pregnant Women.--With regard to pregnant 
     detainees:
       (1) Presumption of release.--Absent extraordinary 
     circumstances of the pregnant woman being a threat to herself 
     or others or subject to mandatory detention, the United 
     States Government shall not detain pregnant women.
       (2) Mandated review.--For any pregnant detainee held in 
     detention who satisfies the requirements of paragraph (1), 
     the United States Government shall conduct a review, not less 
     than weekly, to determine if the pregnant detainee continues 
     to be a threat to herself or others or subject to mandatory 
     detention, and release any such pregnant detainee that does 
     not satisfy these conditions.
       (3) Access to services.--A pregnant detainee in custody 
     shall have access to health care services, including services 
     related to reproductive health care and pregnancy such as 
     routine or specialized prenatal care, pregnancy testing, 
     comprehensive counseling and assistance, postpartum follow-
     up, and lactation services.
       (e) Annual Reports.--
       (1) Reports by facility administrators.--Not later than 30 
     days after the end of each fiscal year, the facility 
     administrator of each detention facility that detained a 
     pregnant detainee shall submit to the Secretary a written 
     report that includes, with respect to the previous fiscal 
     year, the following:
       (A) An account of every instance of the use of restraints 
     on pregnant detainees, including the justification for such 
     restraint and the name of the facility administrator who made 
     the individualized determination under subsection (b)(1).
       (B) The number of pregnant detainees.
       (C) The average length of detention of pregnant detainee.
       (D) The number of pregnant detainees detained longer than 
     15 days.
       (E) The number of pregnant detainees detained longer than 
     30 days.
       (2) Audit and reports by secretary.--Not later than 90 days 
     after the end of each fiscal year, the Secretary shall--
       (A) complete an audit of the information submitted under 
     subparagraphs (B) through (F) of paragraph (1); and
       (B) submit to the appropriate committees of Congress a 
     report that includes all of the information submitted to the 
     Secretary under paragraph (1), disaggregated by facility.
       (3) Privacy.--No report submitted under this subsection may 
     contain any individually identifying information of any 
     detainee. No report submitted under this subsection that is 
     made available for public inspection may contain the name of 
     the facility administrator otherwise included under paragraph 
     (1)(A).
       (4) Public inspection.--Except as provided in paragraph 
     (3), each report submitted under this subsection shall be 
     made available for public inspection.
       (f) Rulemaking.--The Secretary shall adopt regulations or 
     policies to carry out this section at every detention 
     facility.
                                 ______
                                 
  SA 2009. Ms. CORTEZ MASTO (for herself, Mr. Leahy, and Mrs. Murray) 
submitted an amendment intended to be proposed by her 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. __. PROHIBITION ON REMOVAL OF CERTAIN VICTIMS WITH 
                   PENDING PETITIONS AND APPLICATIONS.

       (a) In General.--Section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) is amended by adding at the 
     end the following:
       ``(e) Prohibition on Removal of Certain Victims With 
     Pending Petitions and Applications.--
       ``(1) In general.--An alien described in paragraph (2) 
     shall not be ordered removed under this section until there 
     is a final administrative denial of the application for 
     admission after the exhaustion of administrative appeals.
       ``(2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(A) has a pending application under section 
     101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) 
     (as in effect on March 31, 1997); or
       ``(B) is a VAWA self-petitioner, as defined in section 
     101(a)(51), with a pending application for relief under a 
     provision referred to in any of subparagraphs (A) through (G) 
     of such section.
       ``(3) Exception.--Paragraph (1) shall not apply in a case 
     in which the Director of U.S. Citizenship and Immigration 
     Services determines that the alien is prima facie ineligible 
     for admission for any of the reasons described in clauses (i) 
     through (iv) of section 241(b)(3)(B).''.
       (b) Administrative Stays of Removal for Applicants for 
     Certain Nonimmigrant Status.--Section 237(d)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(d)(1)) is 
     amended to read as follows:
       ``(d)(1) The Director of U.S. Citizenship and Immigration 
     Services shall make a determination whether an application 
     for nonimmigrant status under subparagraph (T) or (U) of 
     section 101(a)(15) filed for an alien in the United States 
     sets forth a prima facie case for approval, and, if so, the 
     Secretary shall grant the alien an administrative stay of a 
     final order of removal under section 241(c)(2) until--
       ``(A) the application for nonimmigrant status under such 
     subparagraph (T) or (U) is approved; or
       ``(B) there is a final administrative denial of the 
     application for such nonimmigrant status after the exhaustion 
     of administrative appeals.''.
       (c) Expedited Removal of Aliens Convicted of Aggravated 
     Felonies.--Section 238 of the Immigration and Nationality Act 
     (8 U.S.C. 1228) is amended by adding at the end the 
     following:
       ``(d) Prohibition on Removal of Certain Victims With 
     Pending Petitions and Applications.--
       ``(1) In general.--An alien described in paragraph (2) 
     shall not be ordered removed under this section until there 
     is a final administrative order of removal after the 
     exhaustion of administrative appeals.
       ``(2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(A) has a pending application under section 
     101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) 
     (as in effect on March 31, 1997); or
       ``(B) is a VAWA self-petitioner, as defined in section 
     101(a)(51),with a pending application for relief under a 
     provision referred to in any of subparagraphs (A) through (G) 
     of such section.
       ``(3) Exception.--Paragraph (1) shall not apply in a case 
     in which the Director of U.S. Citizenship and Immigration 
     Services determines that the alien is prima facie ineligible 
     for admission for any of the reasons described in clauses (i) 
     through (iv) of section 241(b)(3)(B).''.
       (d) Detention and Removal of Aliens Ordered Removed.--
     Section 241(a) of the Immigration and Nationality Act (8 
     U.S.C. 1231(a)) is amended by adding at the end the 
     following:
       ``(8) Prohibition on removal of certain victims with 
     pending petitions and applications.--
       ``(A) In general.--An alien described in subparagraph (B) 
     shall not be removed under this section until there is a 
     final administrative order of removal after the exhaustion of 
     administrative appeals.
       ``(B) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(i) has a pending application under section 
     101(a)(15)(T), 101(a)(15)(U), 106, 240A(b)(2), or 244(a)(3) 
     (as in effect on March 31, 1997); or
       ``(ii) is a VAWA self-petitioner, as defined in section 
     101(a)(51),with a pending application for relief under a 
     provision referred to in one of subparagraphs (A) through (G) 
     of such section.
       ``(C) Exception.--Paragraph (1) shall not apply in a case 
     in which the Director of U.S. Citizenship and Immigration 
     Services determines that the alien is prima facie ineligible 
     for admission for any of the reasons described in clauses (i) 
     through (iv) of section 241(b)(3)(B).''.
                                 ______
                                 
  SA 2010. Mr. ROUNDS (for himself, Mr. King, Ms. Collins, Mr. Manchin, 
Mr. Graham, Mr. Kaine, Mr. Flake, Mr. Coons, Mr. Gardner, Ms. Heitkamp, 
Ms. Murkowski, Mrs. Shaheen, Mr. Alexander, Ms. Klobuchar, Mr. Isakson, 
and Mr. Warner) 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.

       This Act may be cited as the ``Immigration Security and 
     Opportunity Act''.

     SEC. 2. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (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. CANCELLATION OF REMOVAL FOR CERTAIN LONG-TERM 
                   RESIDENTS WHO ENTERED THE UNITED STATES AS 
                   CHILDREN.

       ``(a) Definitions.--In this section:
       ``(1) Applicable federal tax liability.--The term 
     `applicable Federal tax liability' means liability for 
     Federal taxes imposed under the Internal Revenue Code of 
     1986, including any penalties and interest on Federal taxes 
     imposed under that Code.
       ``(2) Armed forces.--The term `Armed Forces' has the 
     meaning given the term `armed forces' in section 101 of title 
     10, United States Code.
       ``(3) DACA.--The term `DACA' means the deferred action for 
     childhood arrivals policy described in the memorandum issued 
     by the

[[Page S1119]]

     Secretary dated June 15, 2012 (rescinded on September 5, 
     2017).
       ``(4) DACA recipient.--The term `DACA recipient' means an 
     alien who was granted and remained in deferred action status 
     under DACA.
       ``(5) Disability.--The term `disability' has the meaning 
     given the term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       ``(6) Early childhood education program.--The term `early 
     childhood education program' has the meaning given the term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       ``(7) Elementary school.--The term `elementary school' has 
     the meaning given the term in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(8) Felony.--
       ``(A) In general.--The term `felony' means a Federal, 
     State, or local criminal offense punishable by imprisonment 
     for a term that exceeds 1 year.
       ``(B) Exclusion.--The term `felony' does not include a 
     State or local criminal offense for which an essential 
     element is the immigration status of an alien.
       ``(9) High school.--The term `high school' has the meaning 
     given the term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(10) Institution of higher education.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `institution of higher education' has the meaning 
     given the term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002).
       ``(B) Exclusion.--The term `institution of higher 
     education' does not include an institution of higher 
     education outside the United States.
       ``(11) Misdemeanor.--
       ``(A) In general.--The term `misdemeanor' means a Federal, 
     State, or local criminal offense for which--
       ``(i) the maximum term of imprisonment is--

       ``(I) greater than 5 days; and
       ``(II) not greater than 1 year; and

       ``(ii) the individual was sentenced to time in custody of 
     90 days or less.
       ``(B) Exclusion.--The term `misdemeanor' does not include a 
     State or local offense for which an essential element is--
       ``(i) the immigration status of the alien;
       ``(ii) a significant misdemeanor; or
       ``(iii) a minor traffic offense.
       ``(12) 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 section.
       ``(13) Poverty line.--The term `poverty line' has the 
     meaning given the term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       ``(14) Secondary school.--The term `secondary school' has 
     the meaning given the term in section 8101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(15) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(16) Significant misdemeanor.--
       ``(A) In general.--The term `significant misdemeanor' means 
     a Federal, State, or local criminal offense--
       ``(i) for which the maximum term of imprisonment is--

       ``(I) more than 5 days; and
       ``(II) not more than 1 year; and

       ``(ii)(I) that, regardless of the sentence imposed, is--

       ``(aa) a crime of domestic violence (as defined in section 
     237(a)(2)(E)(i)); or
       ``(bb) an offense of--

       ``(AA) sexual abuse or exploitation;
       ``(BB) burglary;
       ``(CC) unlawful possession or use of a firearm;
       ``(DD) drug distribution or trafficking; or
       ``(EE) driving under the influence, if the applicable State 
     law requires, as elements of the offense, the operation of a 
     motor vehicle and a finding of impairment or a blood alcohol 
     content equal to or greater than .08; or
       ``(II) that resulted in a sentence of time in custody of 
     more than 90 days.
       ``(B) Exclusion.--The term `significant misdemeanor' does 
     not include a State or local offense for which an essential 
     element is the immigration status of an alien.
       ``(17) Uniformed services.--The term `Uniformed Services' 
     has the meaning given the term `uniformed services' in 
     section 101(a) of title 10, United States Code.
       ``(b) 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, an alien who is 
     inadmissible to, or deportable from, the United States if--
       ``(1) the alien is a DACA recipient; or
       ``(2)(A) the alien has been continuously physically present 
     in the United States since June 15, 2012;
       ``(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 subsections (c) and (d), 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);
       ``(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) has not been convicted of--
       ``(I) a felony;
       ``(II) a significant misdemeanor; or
       ``(III) 3 or more misdemeanors--

       ``(aa) not occurring on the same date; and
       ``(bb) not arising out of the same act, omission, or scheme 
     of misconduct;

       ``(D) the alien--
       ``(i) has been admitted to an institution of higher 
     education;
       ``(ii)(I) has earned a high school diploma or a 
     commensurate alternative award from a public or private high 
     school; or
       ``(II) has obtained--
       ``(aa) a general education development certificate 
     recognized under State law; or
       ``(bb) a high school equivalency diploma in the United 
     States;
       ``(iii) is enrolled in--
       ``(I) secondary school; or
       ``(II) an education program assisting student in--

       ``(aa) obtaining--

       ``(AA) a regular high school diploma; or
       ``(BB) the recognized equivalent of a regular high school 
     diploma; or

       ``(bb) passing--

       ``(AA) a general educational development exam;
       ``(BB) a high school equivalence diploma examination; or
       ``(CC) any other similar State-authorized exam; or
       ``(iv)(I) has served, is serving, or has enlisted in the 
     Armed Forces; or
       ``(II) in the case of an alien who has been discharged from 
     the Armed Forces, has received an honorable discharge;
       ``(E)(i) the alien has paid any applicable Federal tax 
     liability incurred by the alien during the entire period for 
     which the alien was authorized to work in the United States; 
     or
       ``(ii) the alien has entered into an agreement to pay, 
     through a payment installment plan approved by the 
     Commissioner of Internal Revenue, any applicable Federal tax 
     liability incurred by the alien during the entire period for 
     which the alien was authorized to work in the United States; 
     and
       ``(F) the alien was under the age of 38 years on June 15, 
     2012.
       ``(c) Waiver.--
       ``(1) In general.--With respect to any benefit under this 
     section, the Secretary may, on a case-by-case basis, waive a 
     ground of inadmissibility under paragraph (2), (6)(E), 
     (6)(G), or (10)(D) of section 212(a)--
       ``(A) for humanitarian purposes; or
       ``(B) if the waiver is otherwise in the public interest.
       ``(2) Quarterly report.--Not later than 180 days after the 
     date of enactment of this section, and quarterly thereafter, 
     the Secretary shall submit to Congress a report that 
     identifies, for the preceding quarter--
       ``(A) the number of waivers requested by aliens under 
     paragraph (1);
       ``(B) the number of waiver requests granted by the 
     Secretary under that paragraph; and
       ``(C) the number of waiver requests denied by the Secretary 
     under that paragraph.
       ``(d) Treatment of Expunged Convictions.--
       ``(1) In general.--An expunged conviction shall not 
     automatically be treated as a conviction referred to in 
     subsection (b)(2)(C)(iii), (o)(3)(A)(iii), or 
     (p)(1)(A)(i)(III).
       ``(2) Case-by-case evaluation.--The Secretary shall 
     evaluate an expunged conviction on a case-by-case basis 
     according to the nature and severity of the offense 
     underlying the expunged conviction, based on the record of 
     conviction, to determine whether, under the particular 
     circumstances, the alien is eligible for cancellation of 
     removal, adjustment to permanent resident status on a 
     conditional basis, or other adjustment of status.
       ``(e) DACA Recipients.--With respect to a DACA recipient, 
     the Secretary shall cancel the removal of the DACA recipient 
     and adjust the status of the DACA recipient to the status of 
     an alien lawfully admitted for permanent residence on a 
     conditional basis unless, since the date on which the DACA 
     recipient was granted deferred action status under DACA, the 
     DACA recipient has engaged in conduct that would render an 
     alien ineligible for deferred action status under DACA.
       ``(f) Application Fee.--
       ``(1) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     to pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       ``(2) Exemption.--An applicant may be exempted from paying 
     the fee required under paragraph (1) only if the alien--
       ``(A)(i) is younger than 18 years of age;
       ``(ii) received total income, during the 1-year 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;
       ``(B) is younger than 18 years of age and is homeless;
       ``(C)(i) cannot care for himself or herself because of a 
     serious, chronic disability; and
       ``(ii) received total income, during the 1-year 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
       ``(D)(i) during the 1-year 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

[[Page S1120]]

     the alien or an immediate family member of the alien; and
       ``(ii) received total income, during the 1-year 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.
       ``(g) Submission of Biometric and Biographic Data.--
       ``(1) In general.--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.
       ``(2) Alternative procedure.--The Secretary shall provide 
     an alternative procedure for any alien who is unable to 
     provide the biometric or biographic data referred to in 
     paragraph (1) due to of a physical impairment.
       ``(h) Background Checks.--
       ``(1) Requirement for background checks.--The Secretary 
     shall use biometric, biographic, and other data that the 
     Secretary determines appropriate--
       ``(A) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis; and
       ``(B) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for permanent resident status on a conditional 
     basis.
       ``(2) Completion of background checks.--The security and 
     law enforcement background checks of an alien required under 
     paragraph (1) shall be completed, to the satisfaction of the 
     Secretary, before the date on which the Secretary grants the 
     alien permanent resident status on a conditional basis.
       ``(3) Criminal record requests.--With respect to an alien 
     seeking permanent resident status on a conditional basis, the 
     Secretary, in cooperation with the Secretary of State, shall 
     seek to obtain from INTERPOL, EUROPOL, or any other 
     international or national law enforcement agency of the 
     country of nationality, country of citizenship, or country of 
     last habitual residence of the alien information about any 
     criminal activity--
       ``(A) in which the alien engaged in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien; or
       ``(B) for which the alien was convicted in the country of 
     nationality, country of citizenship, or country of last 
     habitual residence of the alien.
       ``(i) Medical Examination.--
       ``(1) Requirement.--An alien applying for permanent 
     resident status on a conditional basis shall undergo a 
     medical examination.
       ``(2) 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 paragraph (1).
       ``(j) 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 that Act.
       ``(k) 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 on the date on 
     which the alien is served a notice to appear under section 
     239(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 if 
     the alien has departed from the United States for any period 
     greater than 90 days or for any periods, in the aggregate, 
     greater than 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 control of the alien, 
     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).
       ``(l) 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.--With respect to an alien 
     who is in removal proceedings, the subject of a final removal 
     order, or the subject of a voluntary departure order, the 
     Attorney General shall provide the alien with a reasonable 
     opportunity to apply for relief under this section.
       ``(m) Certain Aliens Enrolled in Elementary or Secondary 
     School.--
       ``(1) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       ``(A) meets all the requirements described in subparagraphs 
     (A) through (C) of subsection (b)(2), subject to subsections 
     (c) and (d);
       ``(B) is at least 5 years of age; and
       ``(C) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       ``(2) Commencement of removal proceedings.--The Secretary 
     may not commence removal proceedings for an alien described 
     in paragraph (1).
       ``(3) Employment.--An alien whose removal is stayed 
     pursuant to paragraph (1) or who may not be placed in removal 
     proceedings pursuant to paragraph (2) shall, on application 
     to the Secretary, be granted an employment authorization 
     document.
       ``(4) Lift of stay.--The Secretary or Attorney General may 
     not lift the stay granted to an alien under paragraph (1) 
     unless the alien ceases to meet the requirements under that 
     paragraph.
       ``(n) Exemption From Numerical Limitations.--Nothing in 
     this section or in any other law applies a numerical 
     limitation on the number of aliens who may be granted 
     permanent resident status on a conditional basis.
       ``(o) Terms of Permanent Resident Status on a Conditional 
     Basis.--
       ``(1) Period of status.--
       ``(A) In general.--Permanent resident status on a 
     conditional basis is--
       ``(i) subject to subparagraph (B), valid for a period of 7 
     years; and
       ``(ii) subject to termination under paragraph (3).
       ``(B) Extension authorized.--The Secretary may extend the 
     period described in subparagraph (A)(i).
       ``(2) 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 section and the requirements to have the 
     conditional basis of that status removed.
       ``(3) Termination of status.--The Secretary may terminate 
     the permanent resident status on a conditional basis of an 
     alien only if the Secretary--
       ``(A) subject to subsections (c) and (d), determines that 
     the alien--
       ``(i) is inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a);
       ``(ii) has ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; or
       ``(iii) has been convicted of--

       ``(I) a felony;
       ``(II) a significant misdemeanor; or
       ``(III) 3 or more misdemeanors--

       ``(aa) not occurring on the same date; and
       ``(bb) not arising out of the same act, omission, or scheme 
     of misconduct; and
       ``(B) prior to the termination, provides the alien--
       ``(i) notice of the proposed termination; and
       ``(ii) the opportunity for a hearing to provide evidence 
     that the alien meets the requirements or otherwise contest 
     the termination.
       ``(4) Return to previous immigration status.--The 
     immigration status of an alien whose permanent resident 
     status on a conditional basis expires under paragraph 
     (1)(A)(i) or is terminated under paragraph (3) or whose 
     application for permanent resident status on a conditional 
     basis is denied shall return to the immigration status of the 
     alien on the day before the date on which the alien received 
     permanent resident status on a conditional basis or applied 
     for permanent resident status on a conditional basis, as 
     appropriate.
       ``(p) Removal of Conditional Basis of Permanent Resident 
     Status.--
       ``(1) Eligibility for removal of conditional basis.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall remove the conditional basis of the permanent 
     resident status of an alien granted under this section and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       ``(i) subject to subsections (c) and (d)--

       ``(I) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(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) has not been convicted of--

       ``(aa) a felony;
       ``(bb) a significant misdemeanor; or
       ``(cc) 3 or more misdemeanors--
       ``(AA) not occurring on the same date; and
       ``(BB) not arising out of the same act, omission, or scheme 
     of misconduct;
       ``(ii) has not abandoned the residence of the alien in the 
     United States;
       ``(iii)(I) has acquired a degree from an institution of 
     higher education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       ``(II)(aa) has served in the Uniformed Services for at 
     least 2 years; or
       ``(bb) in the case of an alien who has been discharged from 
     the Uniformed Services, has received an honorable discharge; 
     or
       ``(III) has been employed for periods totaling at least 3 
     years and at least 75 percent of

[[Page S1121]]

     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 
     subsection (b)(2)(D)(iii), shall not count toward the time 
     requirements under this clause;
       ``(iv)(I) has paid any applicable Federal tax liability 
     incurred by the alien during the entire period for which the 
     alien has been in permanent resident status on a conditional 
     basis; or
       ``(II) has entered into an agreement to pay the applicable 
     Federal tax liability through a payment installment plan 
     approved by the Commissioner of Internal Revenue; and
       ``(v) has demonstrated good moral character during the 
     entire period for which the alien has been in permanent 
     resident status on a conditional basis.
       ``(B) Citizenship requirement.--The conditional basis of 
     the permanent resident status granted to an alien under this 
     section may not be removed unless the alien demonstrates that 
     the alien satisfies the requirements of section 312(a).
       ``(C) Application fee.--
       ``(i) In general.--The Secretary may require an alien 
     applying for lawful permanent resident status under this 
     subsection to pay a reasonable fee that is commensurate with 
     the cost of processing the application.
       ``(ii) Exemption.--An applicant may be exempted from paying 
     the fee required under clause (i) only if the alien--

       ``(I)(aa) is younger than 18 years of age;
       ``(bb) received total income, during the 1-year 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
       ``(cc) 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)(aa) cannot care for himself or herself because of a 
     serious, chronic disability; and
       ``(bb) received total income, during the 1-year 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)(aa) during the 1-year 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
       ``(bb) received total income, during the 1-year 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.

       ``(D) Submission of biometric and biographic data.--
       ``(i) In general.--The Secretary may not remove the 
     conditional basis of the permanent resident status of an 
     alien unless the alien submits biometric and biographic data, 
     in accordance with procedures established by the Secretary.
       ``(ii) Alternative procedure.--The Secretary shall provide 
     an alternative procedure for any applicant who is unable to 
     provide the biometric or biographic data referred to in 
     clause (i) due to physical impairment.
       ``(E) Background checks.--
       ``(i) Requirement for background checks.--The Secretary 
     shall use biometric, biographic, and other data that the 
     Secretary determines to be appropriate--

       ``(I) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the permanent resident status of the alien; and
       ``(II) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of the conditional basis of the 
     permanent resident status of the alien.

       ``(ii) Completion of background checks.--The security and 
     law enforcement background checks of an alien required under 
     clause (i) shall be completed, to the satisfaction of the 
     Secretary, before the date on which the Secretary removes the 
     conditional basis of the permanent resident status of the 
     alien.
       ``(2) Naturalization.--
       ``(A) In general.--For purposes of title III, an alien 
     granted permanent resident status on a conditional basis 
     shall be considered to have been admitted to the United 
     States, and to be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       ``(B) Limitations on application for naturalization.--
       ``(i) In general.--An alien shall not be naturalized--

       ``(I) on any date on which the alien is in permanent 
     resident status on a conditional basis; or
       ``(II) subject to clause (iii), before the date that is 12 
     years after the date on which the alien was granted permanent 
     resident status on a conditional basis.

       ``(ii) Advanced filing date.--Subject to clause (iii), with 
     respect to an alien granted permanent resident status on a 
     conditional basis, the alien may file an application for 
     naturalization not more than 90 days before the date that is 
     12 years after the date on which the alien was granted 
     permanent resident status on a conditional basis.
       ``(iii) Reduction in period.--

       ``(I) In general.--Subject to subclause (II), the 12-year 
     period referred to in clause (i)(II) and clause (ii) may be 
     reduced by the number of days on which the alien was a DACA 
     recipient, if applicable.
       ``(II) Limitation.--Notwithstanding subclause (I), the 
     reduction in the 12-year period referred to in clause (i)(II) 
     and clause (ii) shall be not more than 2 years.

       ``(3) Limitation on certain parents.--An alien shall not be 
     eligible to adjust status to that of an alien lawfully 
     admitted for permanent residence based on a petition filed by 
     a child or a son or daughter of the alien if--
       ``(A) the child or son or daughter was granted permanent 
     resident status on a conditional basis; and
       ``(B) the alien knowingly assisted the child or son or 
     daughter to enter the United States unlawfully.
       ``(q) Documentation Requirements.--
       ``(1) Documents establishing identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       ``(A) 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;
       ``(B) the alien's birth certificate and an identity card 
     that includes the alien's name and photograph;
       ``(C) 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;
       ``(D) a Uniformed Services identification card issued by 
     the Department of Defense;
       ``(E) any immigration or other document issued by the 
     United States Government bearing the alien's name and 
     photograph; or
       ``(F) a State-issued identification card bearing the 
     alien's name and photograph.
       ``(2) 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 subsection (b)(2)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under subsection (p)(1)(A)(ii), the alien may submit 
     documents to the Secretary, including--
       ``(A) employment records that include the employer's name 
     and contact information;
       ``(B) records from any educational institution the alien 
     has attended in the United States;
       ``(C) records of service from the Uniformed Services;
       ``(D) official records from a religious entity confirming 
     the alien's participation in a religious ceremony;
       ``(E) passport entries;
       ``(F) a birth certificate for a child of the alien who was 
     born in the United States;
       ``(G) automobile license receipts or registration;
       ``(H) deeds, mortgages, or rental agreement contracts;
       ``(I) tax receipts;
       ``(J) insurance policies;
       ``(K) remittance records;
       ``(L) 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;
       ``(M) copies of money order receipts for money sent in or 
     out of the United States;
       ``(N) dated bank transactions; or
       ``(O) 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--
       ``(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 establishing initial entry into the united 
     states.--To establish under subsection (b)(2)(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--
       ``(A) an admission stamp on the alien's passport;
       ``(B) records from any educational institution the alien 
     has attended in the United States;
       ``(C) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       ``(D) 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;
       ``(E) 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;
       ``(F) employment records that include the employer's name 
     and contact information;
       ``(G) official records from a religious entity confirming 
     the alien's participation in a religious ceremony;
       ``(H) a birth certificate for a child of the alien who was 
     born in the United States;
       ``(I) automobile license receipts or registration;
       ``(J) deeds, mortgages, or rental agreement contracts;
       ``(K) tax receipts;
       ``(L) travel records;
       ``(M) copies of money order receipts sent in or out of the 
     country;
       ``(N) dated bank transactions;
       ``(O) remittance records; or

[[Page S1122]]

       ``(P) insurance policies.
       ``(4) 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--
       ``(A) has been admitted to the institution; or
       ``(B) is currently enrolled in the institution as a 
     student.
       ``(5) 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.
       ``(6) 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--
       ``(A) a high school diploma, certificate of completion, or 
     other alternate award;
       ``(B) a high school equivalency diploma or certificate 
     recognized under State law; or
       ``(C) evidence that the alien passed a State-authorized 
     exam, including the general educational development exam, in 
     the United States.
       ``(7) Documents establishing enrollment in an educational 
     program.--To establish that an alien is enrolled in any 
     school or education program described in subsection 
     (b)(2)(D)(iii), (m)(1)(C), or (p)(1)(A)(iii)(III), the alien 
     shall submit school records from the United States school 
     that the alien is currently attending that include--
       ``(A) the name of the school; and
       ``(B) the alien's name, periods of attendance, and current 
     grade or educational level.
       ``(8) Documents establishing exemption from application 
     fees.--To establish that an alien is exempt from an 
     application fee under subsection (f)(2) or (p)(1)(C)(ii), the 
     alien shall submit to the Secretary the following relevant 
     documents:
       ``(A) Documents to establish age.--To establish that an 
     alien meets an age requirement, the alien shall provide proof 
     of identity, as described in paragraph (1), that establishes 
     that the alien is younger than 18 years of age.
       ``(B) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       ``(i) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       ``(ii) bank records; or
       ``(iii) 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.

       ``(C) 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--
       ``(i) 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;
       ``(ii) the name, address, and telephone number of the 
     affiant; and
       ``(iii) the nature and duration of the relationship between 
     the affiant and the alien.
       ``(D) 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--
       ``(i) bear the provider's name and address;
       ``(ii) bear the name of the individual receiving treatment; 
     and
       ``(iii) 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.
       ``(9) Documents establishing service in the uniformed 
     services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien shall submit to 
     the Secretary--
       ``(A) a Department of Defense form DD-214;
       ``(B) a National Guard Report of Separation and Record of 
     Service form 22;
       ``(C) personnel records for such service from the 
     appropriate Uniformed Service; or
       ``(D) health records from the appropriate Uniformed 
     Service.
       ``(10) Documents establishing employment.--
       ``(A) In general.--An alien may satisfy the employment 
     requirement under section (p)(1)(A)(iii)(III) by submitting 
     records that--
       ``(i) establish compliance with such employment 
     requirement; and
       ``(ii) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       ``(B) Other documents.--An alien who is unable to submit 
     the records described in subparagraph (A) may satisfy the 
     employment requirement by submitting at least 2 types of 
     reliable documents that provide evidence of employment, 
     including--
       ``(i) bank records;
       ``(ii) business records;
       ``(iii) employer records;
       ``(iv) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       ``(v) 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

       ``(vi) remittance records.
       ``(11) 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.
       ``(r) Rulemaking.--
       ``(1) Initial publication.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall publish in the 
     Federal Register regulations implementing this section.
       ``(B) Affirmative application.--The regulations published 
     under subparagraph (A) shall allow any eligible individual to 
     immediately apply affirmatively for the relief available 
     under subsection (b) without being placed in removal 
     proceedings.
       ``(2) Interim regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to paragraph (1)(A) shall be effective, on an 
     interim basis, immediately on publication in the Federal 
     Register, but may be subject to change and revision after 
     public notice and opportunity for a period of public comment.
       ``(3) Final regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     subsection, the Secretary shall publish final regulations 
     implementing this section.
       ``(4) 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 subsection.
       ``(s) Confidentiality of Information.--
       ``(1) In general.--The Secretary may not disclose or use 
     for the purpose of immigration enforcement any information 
     provided in--
       ``(A) an application filed under this section; or
       ``(B) a request for deferred action status under DACA.
       ``(2) Referrals prohibited.--The Secretary may not refer to 
     U.S. Immigration and Customs Enforcement, U.S. Customs and 
     Border Protection, or any designee of U.S. Immigration and 
     Customs Enforcement or U.S. Customs and Border Protection any 
     individual who--
       ``(A) has been granted permanent resident status on a 
     conditional basis; or
       ``(B) was granted deferred action status under DACA.
       ``(3) Limited exception.--Notwithstanding paragraphs (1) 
     and (2), information provided in an application for permanent 
     resident status on a conditional basis or a request for 
     deferred action status under DACA may be shared with a 
     Federal security or law enforcement agency--
       ``(A) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       ``(B) to identify or prevent fraudulent claims;
       ``(C) for national security purposes; or
       ``(D) for the investigation or prosecution of any felony 
     not related to immigration status.
       ``(4) Penalty.--Any person who knowingly uses, publishes, 
     or permits information to be examined in violation of this 
     subsection shall be fined not more than $10,000.''.
       (b) Conforming Amendment.--The table of contents of 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. Cancellation of removal for certain long-term residents 
              who entered the United States as children.''.

     SEC. 3. REDUCTION OF FAMILY-SPONSORED IMMIGRANT VISAS.

       (a) Prohibition Against the Sponsor of Unmarried Children 
     Older Than 21 Years of Age by Lawful Permanent Residents.--
     Section 203(a) of the Immigration and Nationality Act (8 
     U.S.C. 1153(a)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Spouses and children of aliens lawfully admitted for 
     permanent residence.--

[[Page S1123]]

       ``(A) In general.--Qualified immigrants who are the spouse 
     or child of an alien lawfully admitted for permanent 
     residence shall be allocated visas in a number not to exceed 
     the sum of--
       ``(i) 114,200;
       ``(ii) the number (if any) by which such worldwide level 
     exceeds 226,000; and
       ``(iii) the number of visas not required for the class 
     described in paragraph (1).
       ``(B) Transition period.--
       ``(i) In general.--The Secretary of State shall not 
     allocate a visa based on a petition filed by an alien 
     lawfully admitted for permanent residence on behalf of an 
     unmarried son or daughter under subparagraph (B) (as in 
     effect on the day before the date of enactment of this Act) 
     after December 31, 2018.
       ``(ii) Savings clause.--The Secretary of State shall 
     allocate a visa to a principal or derivative beneficiary of 
     an approved petition filed by an alien lawfully admitted for 
     permanent residence on behalf of a spouse or an unmarried son 
     or daughter under subparagraph (B) (as in effect on the day 
     before the date of enactment of this Act) before January 1, 
     2019, in accordance with that subparagraph (as in effect on 
     the day before the date of enactment of this Act), if the 
     principal or derivative beneficiary is otherwise eligible for 
     the visa.
       ``(C) Retention of priority date.--In the case of an alien 
     child who is the principal or derivative beneficiary of a 
     petition filed under subparagraph (A) who turns 21 years old 
     before the date on which a visa becomes available, the alien 
     may retain the priority date assigned to the alien under that 
     subparagraph for a petition filed under this subsection.''.
       (b) Conforming Amendments.--The Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by 
     striking ``section 203(a)(2)(A)'' each place such term 
     appears and inserting ``section 203(a)(2)'';
       (2) in section 201(f)(2) (8 U.S.C. 1151(f)(2)), by striking 
     ``section 203(a)(2)(A)'' and inserting ``section 203(a)(2)'';
       (3) in section 202--
       (A) in subsection (a)(8 U.S.C. 1152(a))--
       (i) in paragraph (2), by striking ``(3), (4), and (5)'' and 
     inserting ``(3) and (4)''
       (ii) by striking paragraph (4); and
       (iii) by redesignating paragraph (5) as paragraph (4); and
       (B) in subsection (e), by striking ``, or as limiting the 
     number of visas that may be issued under section 203(a)(2)(A) 
     pursuant to subsection (a)(4)(A)'';
       (4) in section 203(h)--
       (A) in paragraph (3), by striking ``subsections (a)(2)(A) 
     and (d)'' and inserting ``subsection (d)''; and
       (B) by striking ``(a)(2)(A)'' each place such term appears 
     and inserting ``(a)(2)'';
       (5) in section 204--
       (A) in subsection (a)(1)(B)--
       (i) in clause (ii)--

       (I) in subclause (I), by striking ``if such a child has not 
     been classified under clause (iii) of section 203(a)(2)(A) 
     and''; and
       (II) in subclause (II)(cc), by striking ``section 
     203(a)(2)(A)'' and inserting ``section 203(a)(2)''; and

       (ii) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)(2)''; and
       (B) in subsection (k)(1)--
       (i) by striking ``alien unmarried son or daughter's 
     classification as a family-sponsored immigrant under section 
     203(a)(2)(B)'' and inserting ``alien child's classification 
     as a family-sponsored immigrant under section 203(a)(2)'';
       (ii) by striking ``son or daughter'' and inserting 
     ``child''; and
       (iii) by striking ``unmarried son or daughter as a family-
     sponsored immigrant under section 203(a)(1)'' and inserting 
     ``child as an immediate relative under section 201(b)(2)''; 
     and
       (6) in section 214(q)(1)(B)(i), by striking ``(a)(2)(A)'' 
     each place such term appears and inserting ``(a)(2)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date on which--
       (1) the Secretary of Homeland Security has adjudicated each 
     petition that is filed under section 203(a)(2)(B) (as in 
     effect on the day before the date of enactment of this Act) 
     before January 1, 2019; and
       (2) the Secretary of State has allocated to each eligible 
     alien a visa based on a petition described in paragraph (1).

     SEC. 4. BORDER SECURITY.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (b) Appropriations for Border Security.--The following sum 
     is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for U.S. Customs and Border 
     Protection, namely $25,000,000,000 for--
       (1) the construction of physical barriers;
       (2) border security technologies;
       (3) tactical infrastructure;
       (4) marine vessels;
       (5) aircraft;
       (6) unmanned aerial systems;
       (7) facilities; and
       (8) equipment.
       (c) Availability for Fiscal Year 2018.--Of the amount 
     appropriated by subsection (b), amounts shall be available 
     for fiscal year 2018 as follows:
       (1) For impedance and denial, $1,571,000,000.
       (2) For domain awareness, $658,000,000.
       (3) For access and mobility, $143,000,000.
       (4) For the retention, recruitment, and relocation of 
     officers of Border Patrol Agents, Customs Officers, and Air 
     and Marine personnel, $148,000,000, including for not fewer 
     than 615 officers of U.S. Customs and Border Protection.
       (5) To hire 615 U.S. Customs and Border Protection Officers 
     for deployment to ports of entry, $75,000,000.
       (d) Availability for Fiscal Years 2019 Through 2027.--
       (1) In general.--Subject to subsection (f), of the amount 
     appropriated by subsection (b), the amount available for each 
     of fiscal years 2019 through 2027 shall be $2,500,000,000.
       (2) Limitation.--Amounts appropriated under subsection (b) 
     for fiscal years 2018 and 2019 shall only be available for 
     operationally effective designs deployed as of the date of 
     the Consolidated Appropriations Act, 2017 (Public Law 115-
     31), such as currently deployed steel bollard designs, that 
     prioritize agent safety.
       (e) Report on Plan for Improvement of Border Security.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives and the Committees of jurisdiction of the 
     Senate and the House of Representatives a risk-based plan for 
     improving security along the borders of the United States, 
     including the use of personnel, fencing, other forms of 
     tactical infrastructure, and technology.
       (2) Elements.--The report required by this subsection shall 
     include the following:
       (A) A statement of goals, objectives, activities, and 
     milestones for the plan.
       (B) A detailed implementation schedule for the plan with 
     estimates for the planned obligation of funds for fiscal 
     years 2019 through 2027 that are linked to the milestone-
     based delivery of specific--
       (i) capabilities and services;
       (ii) mission benefits and outcomes;
       (iii) program management capabilities; and
       (iv) lifecycle cost estimates.
       (C) A description of the manner in which specific projects 
     under the plan will enhance border security goals and 
     objectives and address the highest priority border security 
     needs.
       (D) An identification of the planned locations, quantities, 
     and types of resources, such as fencing, other physical 
     barriers, or other tactical infrastructure and technology, 
     under the plan.
       (E) A description of the methodology and analyses used to 
     select specific resources for deployment to particular 
     locations under the plan that includes--
       (i) analyses of alternatives, including comparative costs 
     and benefits;
       (ii) an assessment of effects on communities and property 
     owners near areas of infrastructure deployment; and
       (iii) a description of other factors critical to the 
     decision-making process.
       (F) An identification of staffing requirements under the 
     plan, including full-time equivalents, contractors, and 
     detailed personnel, by activity.
       (G) A description of performance metrics for the plan for 
     assessing and reporting on the contributions of border 
     security capabilities realized from current and future 
     investments.
       (H) A description of the status of the actions of the 
     Department of Homeland Security to address open 
     recommendations by the Office of Inspector General and the 
     Government Accountability Office relating to border security, 
     including plans, schedules, and associated milestones for 
     fully addressing such recommendations.
       (I) A comprehensive plan to consult State and local elected 
     officials on the eminent domain and construction process 
     relating to physical barriers;
       (J) A comprehensive analysis, following consultation with 
     the Secretary of Interior and the Administrator of the 
     Environmental Protection Agency, of the environmental impacts 
     of the construction and placement of physical barriers 
     planned along the Southwest border, including barriers in the 
     Santa Ana National Wildlife Refuge;
       (K) Certifications by the Under Secretary of Homeland 
     Security for Management, including all documents, memoranda, 
     and a description of the investment review and information 
     technology management oversight and processes supporting such 
     certifications, that--
       (i) the plan has been reviewed and approved in accordance 
     with an acquisition review management process that complies 
     with capital planning and investment control and review 
     requirements established by the Office of Management and 
     Budget, including as provided in Circular A-11, part 7; and
       (ii) all activities under the plan comply with Federal 
     acquisition rules, requirements, guidelines, and practices.
       (f) Limitation on Availability for Fiscal Years 2019 
     Through 2027.--
       (1) Limitation.--The amount specified in subsection (d) for 
     each of fiscal years 2019 through 2027 shall not be available 
     for such fiscal year unless--
       (A) the Secretary submits to Congress, not later than 60 
     days before the beginning of such fiscal year, a report 
     setting forth--
       (i) a description of every planned expenditure in such 
     fiscal year under the plan required by subsection (e) in an 
     amount in excess of $50,000,000;
       (ii) a description of the total number of miles of security 
     fencing or barriers that will be constructed in such fiscal 
     year under the plan;

[[Page S1124]]

       (iii) a statement of the number of new U.S. Customs and 
     Border Protection Officers to be hired in such fiscal year 
     under the plan and the intended location of deployment;
       (iv) a description of the new roads to be installed in such 
     fiscal year under the plan;
       (v) a description of the land to be acquired in such fiscal 
     year under the plan, including--

       (I) all necessary land acquisitions;
       (II) the total number of necessary condemnation actions; 
     and
       (III) the precise number of landowners that will be 
     affected by the construction of such physical barriers;

       (vi) a description of the amount and types of technology to 
     be acquired for each of the northern border and the southern 
     border in such fiscal year under the plan; and
       (vii) a statement of the percentage of each of the northern 
     border and the southern border for which the Department of 
     Homeland Security will obtain full situational awareness in 
     such fiscal year under the plan; and
       (B) not later than October 1 of such fiscal year, the 
     Secretary certifies to Congress that the Department of 
     Homeland achieved not less than 75 percent of the goals of 
     the Department under the plan (other than for land 
     acquisition) for the prior fiscal year.
       (2) Availability without certification.--If the Secretary 
     is unable to make the certification described in paragraph 
     (1)(B) with respect to a fiscal year as of October 1 of the 
     succeeding fiscal year, the amount specified in subsection 
     (d) for such succeeding fiscal year shall not be available 
     except pursuant to an Act of Congress specifically making 
     such amount available for such succeeding fiscal year that is 
     enacted into law in such succeeding fiscal year.
       (g) Availability.--If amounts described in subsection (d) 
     are available for a fiscal year, such amounts shall remain 
     available for 5 years.
       (h) Limitation.--Notwithstanding any other provision of 
     law, none of the amounts appropriated under this section may 
     be reprogrammed for or transferred to any other component of 
     the Department of Homeland Security.
       (i) Budget Request.--An expenditure plan for amounts made 
     available pursuant to subsection (b)--
       (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 describe 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.
       (j) Budgetary Effects.--
       (1) In general.--The budgetary effects of this section 
     shall not be entered on either PAYGO scorecard maintained 
     pursuant to section 4(d) of the Statutory Pay-As-You-Go Act 
     of 2010.
       (2) Senate paygo scorecards.--The budgetary effects of this 
     section shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H.Con.Res. 71 
     (115th Congress).
       (k) Point of Order.--
       (1) Definition.--In this subsection, the term ``covered 
     appropriation amount'' means the amount appropriated for 
     border security for a fiscal year under subsection (b).
       (2) Point of order in the senate.--
       (A) Point of order.--
       (i) In general.--In the Senate, it shall not be in order to 
     consider a provision in a bill, joint resolution, motion, 
     amendment, amendment between the Houses, or conference report 
     that would reduce the covered appropriation amount for a 
     fiscal year.
       (ii) Point of order sustained.--If a point of order is made 
     by a Senator against a provision described in clause (i), and 
     the point of order is sustained by the Chair, that provision 
     shall be stricken from the measure and may not be offered as 
     an amendment from the floor.
       (B) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974 (2 
     U.S.C. 644(e)).
       (C) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to subparagraph (A), 
     and such point of order being sustained, such material 
     contained in such conference report or House amendment shall 
     be stricken, and the Senate shall proceed to consider the 
     question of whether the Senate shall recede from its 
     amendment and concur with a further amendment, or concur in 
     the House amendment with a further amendment, as the case may 
     be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       (D) Supermajority waiver and appeal.--In the Senate, this 
     paragraph may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chosen and sworn. 
     An affirmative vote of three-fifths of Members of the Senate, 
     duly chosen and sworn shall be required to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this paragraph.
       (l) Enforcement Priorities.--
       (1) Definitions.--In this subsection:
       (A) Felony.--
       (i) In general.--The term ``felony'' means a Federal, 
     State, or local criminal offense punishable by imprisonment 
     for a term that exceeds 1 year.
       (ii) Exclusion.--The term ``felony'' does not include a 
     State or local criminal offense for which an essential 
     element is the immigration status of an alien.
       (B) Misdemeanor.--
       (i) In general.--The term ``misdemeanor'' means a Federal, 
     State, or local criminal offense for which--

       (I) the maximum term of imprisonment is--

       (aa) greater than 5 days; and
       (bb) not greater than 1 year; and

       (II) the individual was sentenced to time in custody of 90 
     days or less.

       (ii) Exclusion.--The term ``misdemeanor'' does not include 
     a State or local offense for which an essential element is--

       (I) the immigration status of the alien;
       (II) a significant misdemeanor; or
       (III) a minor traffic offense.

       (C) Significant misdemeanor.--
       (i) In general.--The term ``significant misdemeanor'' means 
     a Federal, State, or local criminal offense--

       (I) for which the maximum term of imprisonment is--

       (aa) more than 5 days; and
       (bb) not more than 1 year; and

       (II)(aa) that, regardless of the sentence imposed, is--

       (AA) a crime of domestic violence (as defined in section 
     237(a)(2)(E)(i)) of the Immigration and Nationality Act (8 
     U.S.C. 1227(a)(2)(E)(i)); or
       (BB) an offense of--
       (CC) sexual abuse or exploitation;
       (DD) burglary;
       (EE) unlawful possession or use of a firearm;
       (FF) drug distribution or trafficking; or
       (GG) driving under the influence, if the applicable State 
     law requires, as elements of the offense, the operation of a 
     motor vehicle and a finding of impairment or a blood alcohol 
     content equal to or greater than .08; or

       (bb) that resulted in a sentence of time in custody of more 
     than 90 days.

       (ii) Exclusion.--The term ``significant misdemeanor'' does 
     not include a State or local offense for which an essential 
     element is the immigration status of an alien.
       (2) Priorities.--In carrying out immigration enforcement 
     activities, the Secretary shall prioritize available 
     immigration enforcement resources to aliens who--
       (A) have been convicted of--
       (i) a felony;
       (ii) a significant misdemeanor; or
       (iii) 3 or more misdemeanor offenses;
       (B) pose a threat to national security or public safety; or
       (C)(i) are unlawfully present in the United States; and
       (ii) arrived in the United States after June 30, 2018; or

     SEC. 5. OFFICE OF PROFESSIONAL RESPONSIBILITY.

       Not later than September 30, 2021, the Commissioner of U.S. 
     Customs and Border Protection shall hire, train, and assign 
     sufficient special agents at the Office of Professional 
     Responsibility.
                                 ______
                                 
  SA 2011. Mr. HEINRICH (for himself and Mr. Udall) 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. __. BORDER SECURITY ENHANCEMENTS IN MOUNTAINOUS, HIGH 
                   DESERT, AND BACKCOUNTRY TERRAIN.

       (a) In General.--The Commissioner of U.S. Customs and 
     Border Protection shall--
       (1) acquire and deploy such additional horses and off-road 
     vehicles, including all-terrain vehicles, as may be necessary 
     to provide for enhanced security in mountainous, high desert, 
     and backcountry areas near the international border between 
     the United States and Mexico;
       (2) increase the use of advanced detection and surveillance 
     technology in the areas described in paragraph (1);
       (3) acquire fixed and mobile technology assets, including 
     night vision goggles;
       (4) increase and improve interoperable communications that 
     are LTE-capable;
       (5) increase mountain patrols to gain and enhance domain 
     awareness;
       (6) increase and upgrade facilities to the extent necessary 
     to accommodate personnel and asset needs;
       (7) perform any maintenance and care that may be necessary 
     to preserve the operational capability of all mountainous, 
     high desert, and backcountry assets; and
       (8) hire and deploy additional personnel, as necessary--
       (A) to enhance border security in mountainous, high desert, 
     and backcountry areas near the international border between 
     the United States and Mexico; and
       (B) to successfully carry out the related duties of U.S. 
     Customs and Border Protection set forth in section 211 of the 
     Homeland Security Act of 2002 (5 U.S.C. 411).

[[Page S1125]]

       (b) Requirements.--In carrying out subsection (a), the 
     Commissioner shall--
       (1) consult with agents in the field;
       (2) prioritize the deployment of such technology based on 
     the needs of remote stations in mountainous, high desert, and 
     backcountry areas near the international border between the 
     United States and Mexico.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     to the appropriate congressional committees that describes 
     the implementation of subsection (a), including--
       (1) the assets deployed in mountainous, high desert, and 
     backcountry areas near the international border between the 
     United States and Mexico; and
       (2) the expenditures incurred to acquire and deploy such 
     assets.
       (d) Agent Mobility Demonstration Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     establish a 5-year pilot program in the El Paso Sector, to be 
     known as the ``Agent Mobility Program'', under which agents 
     assigned within the El Paso Sector may laterally transfer to 
     a designated, hard-to-fill station within the El Paso sector 
     for a period of at least 3 years.
       (2) Completion of service.--Any agent who completes 3 years 
     of service at a hard-to-fill station to which he or she 
     transferred under the program established under paragraph 
     (1)--
       (A) shall be presented to the selecting officer as a 
     preferred agent; and
       (B) shall be eligible to transfer to 1 of 3 border patrol 
     stations in the El Paso Sector of their choice that has an 
     opening at the time of such transfer.
       (e) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated, there is 
     authorized to be appropriated, to U.S. Customs and Border 
     Protection, such sums as may be necessary to carry out this 
     section.
                                 ______
                                 
  SA 2012. Mr. HEINRICH (for himself, Mr. Udall, and Mr. Carper) 
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. ___. CONFIDENTIALITY OF INFORMATION SUBMITTED FOR THE 
                   DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM 
                   AND SIMILAR PROGRAMS.

       (a) Definitions.--In this section:
       (1) DACA program.--The term ``DACA Program'' means the 
     Deferred Action for Childhood Arrivals Program announced on 
     June 15, 2012.
       (2) Individual application information.--The term 
     ``individual application information'' means any information, 
     including personally identifiable information, submitted to 
     the Secretary after June 15, 2012, as part of a request for 
     consideration or reconsideration for the DACA program.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Confidentiality of Information.--The Secretary shall 
     protect individual application information from disclosure to 
     U.S. Immigration and Customs Enforcement or U.S. Customs and 
     Border Protection for any purpose other than implementing the 
     following:
       (1) The DACA Program.
       (2) Any program similar to the DACA program to provide 
     deferred action for aliens that is established by this Act or 
     an amendment made by this Act.
       (3) The Development, Relief and Education for Alien Minors 
     Act or any similar program to provide a path to citizenship 
     that is established by this Act or an amendment made by this 
     Act.
       (c) Referrals Prohibited.--The Secretary may not refer any 
     individual whose case has been deferred pursuant to ta 
     program specified in subsection (b) to U.S. Immigration and 
     Customs Enforcement, U.S. Customs and Border Protection, the 
     Department of Justice, or any other law enforcement agency.
       (d) Limited Exception.--Individual application information 
     may be shared with national security and law enforcement 
     agencies--
       (1) to identify or prevent fraudulent claims;
       (2) for particularized national security purposes relating 
     to an individual application; or
       (3) for the investigation or prosecution of any felony not 
     related to immigration status.
                                 ______
                                 
  SA 2013. Mr. HEINRICH (for himself and Mr. Udall) 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. __. STANDARDS FOR SHORT-TERM CUSTODY BY U.S. CUSTOMS AND 
                   BORDER PROTECTION.

       (a) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report on the status of the 
     Transport, Escort, Detention and Search (TEDS) policy for 
     short-term custody of individuals by U.S. Customs and Border 
     Protection.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements.
       (A) An assessment of whether Border Patrol and the Office 
     of Field Operations have adopted and are implementing more 
     detailed, component-specific standards to supplement the TEDS 
     policy in accordance with subsection (b) and the status of 
     implementation of the TEDS policy among the various 
     components of U.S. Customs and Border Protection.
       (B) A description of the frequency and findings of U.S. 
     Customs and Border Protection audits and investigations into 
     compliance with the TEDS policy and supplemental policies.
       (b) Standards of Care.--
       (1) In general.--The TEDS policy and additional standards 
     created by Border Patrol and the Office of Field Operations 
     must ensure basic minimum levels of care at all facilities of 
     U.S. Customs and Border Protection that hold individuals in 
     custody, including Border Patrol stations, ports of entry, 
     checkpoints, forward operating bases, secondary inspection 
     areas, and short-term custody facilities. Such care shall 
     include standards with respect to--
       (A) limits on detention space capacity by facility and also 
     by holding room or individual cell;
       (B) the availability of potable water and nutritionally and 
     culturally appropriate food;
       (C) access to bathroom facilities and hygiene items, 
     including soap, feminine hygiene products, toothpaste, 
     toothbrushes and towels, and showers for those held for 24 
     hours or longer;
       (D) adequate climate control and provision of adequate 
     clothing;
       (E) reasonable sleeping arrangements for all detainees held 
     for longer than 12 hours, including access to beds and 
     adequate bedding;
       (F) access to telephones;
       (G) access to lawyers, consular officials, family members, 
     and nongovernmental organizations;
       (H) language-appropriate forms and materials that include 
     information regarding legal rights, including contact 
     information for the United Nations Refugee Agency and the 
     National Trafficking Hotline, as well as the consequences of 
     signing such forms, in a language the detainee is known to 
     understand;
       (I) protocols for communicating the information on those 
     forms and materials orally to detainees in a language they 
     are known to understand;
       (J) appropriate care for pregnant women and individuals 
     with medical needs, including a prohibition on shackling or 
     restraint of pregnant women absent truly extraordinary 
     circumstances (and never during active labor or delivery);
       (K) appropriate medical screening and care for all 
     detainees, overseen by a trained medical professional, 
     including access to emergency medical care and prescribed 
     medications whenever medically appropriate;
       (L) reasonable accommodations in accordance with the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.);
       (M) reasonable access to facilities and visitation policies 
     for nongovernmental organizations;
       (N) a transparent, independent, and responsive grievance 
     system widely publicized within facilities in multiple 
     languages, including access to the Office for Civil Rights 
     and Civil Liberties' toll-free number and the complaints 
     number described in the above section;
       (O) protocols for identifying asylum-seekers who require 
     credible fear screenings and for video recording of those 
     screenings;
       (P) safely transferring detainees to facilities of U.S. 
     Immigration and Customs Enforcement with attention paid to 
     ensuring regular meals, medication doses, and rest for 
     detainees;
       (Q) returning all money and nonperishable personal property 
     (other than prohibited contraband) to former detainees prior 
     to transfer, repatriation, or release, in coordination with 
     other State and Federal agencies as necessary;
       (R) compliance with the Prison Rape Elimination Act of 2003 
     (34 U.S.C. 30301 et seq.), including by requiring regular 
     independent PREA audits, ensuring that all detainees are able 
     to make prompt, confidential sexual abuse complaints to a 
     staffed telephone hotline in multiple languages, and 
     requiring formal, comprehensive PREA compliance training of 
     all U.S. Customs and Border Protection staff with detention-
     related responsibilities; and
       (S) compliance with the Victims of Child Abuse Act (42 
     U.S.C. 1303) and implementing regulations, to ensure that 
     officials are aware of their obligations to report all 
     allegations of child abuse and of the criminal penalties for 
     failure to do so in accordance with section 2258 of title 18, 
     United States Code.
       (c) Monitoring and Oversight.--
       (1) Interim oversight.--Until the TEDS policy and 
     supplemental policies have been implemented and are being 
     adhered to in accordance with subsection (b), the Secretary 
     of Homeland Security shall direct oversight

[[Page S1126]]

     of the U.S. Customs and Border Protection facilities that 
     provide short-term custody to ensure that humane standards of 
     care addressing all of the requirements set forth in such 
     subsection are made publicly available and are being 
     implemented throughout the agency.
       (2) Access for lop providers and counsel.--Not later than 
     90 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall direct U.S. Customs and 
     Border Protection to allow Legal Orientation Program (LOP) 
     providers and counsel access to migrants held in U.S. Customs 
     and Border Protection short-term custody facilities.
       (3) Site visits.--The Department of Homeland Security 
     Office of the Inspector General shall conduct site visits to 
     all short-term detention facilities at least every six months 
     and issue annual inspection reports assessing each facility's 
     compliance with the requirements set forth in subsection (b), 
     along with recommendations for improvement as needed, and 
     promptly make those reports publicly available.
                                 ______
                                 
  SA 2014. Mr. HEINRICH (for himself and Mr. Udall) 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. ___. PROHIBITION ON CONSTRUCTION OF CERTAIN ELEMENTS OF 
                   THE PHYSICAL BARRIER ALONG THE SOUTHERN BORDER 
                   OF THE UNITED STATES IN NATIONAL WILDLIFE 
                   REFUGES, WILDERNESS AREAS, AND RELATED AREAS.

       Notwithstanding any other provision of law, no Federal 
     funds may be used to design or construct any levee wall, 
     steel bollard fence, or other wall within the following:
       (1) A unit of the national wildlife refuge system.
       (2) A unit of the national wilderness preservation system.
       (3) A wildlife corridor, as determined by the Secretary of 
     the Interior acting through the Director of the U.S. Fish and 
     Wildlife Service.
                                 ______
                                 
  SA 2015. Mr. HEINRICH (for himself, Ms. Heitkamp, and Mr. Udall) 
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. ___. RECEIPT OF COMPENSATION REQUIRED FOR USE OF EMINENT 
                   DOMAIN FOR CONSTRUCTION OF BORDER 
                   INFRASTRUCTURE.

       Notwithstanding section 3114 of title 40, United States 
     Code, or section 102 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; 
     Public Law 104-208) the Federal Government shall not take 
     physical possession of any land acquired, or proposed to be 
     acquired, pursuant to those sections for the construction of 
     any infrastructure (including a pedestrian fence, vehicle 
     barrier, levee, gate, wall, fence, road, or port of entry) at 
     the international border between the United States and Mexico 
     until the date on which the applicable court determines 
     that--
       (1) in the case of private land--
       (A) all persons or entities entitled to compensation for 
     the acquisition have received the entire full fair market 
     value amount of compensation due on the date of acquisition 
     of the private land; and
       (B) all relevant court proceedings described in section 
     3114(a) of title 40, United States Code, have been--
       (i) completed; and
       (ii) terminated by the court;
       (2) in the case of State land (including State land in the 
     vicinity of a unit of the National Wildlife Refuge System, a 
     unit of the National Park System, or Tribal land or in the 
     vicinity of a historic district or a State park)--
       (A) the requirements of subparagraphs (A) and (B) of 
     paragraph (1) have been met; and
       (B) all relevant stakeholders (including Tribes) have been 
     consulted and have approved the acquisition; and
       (3) in the case of Tribal land--
       (A) the requirements of subparagraphs (A) and (B) of 
     paragraph (1) have been met; and
       (B) all relevant Tribal stakeholders have been consulted 
     and have approved the acquisition.

     SEC. ___. CONSULTATION REQUIRED PRIOR TO ACQUISITION OF LAND 
                   FOR CONSTRUCTION OF BORDER INFRASTRUCTURE.

       (a) In General.--Before implementing any plan to acquire 
     private land, State land, or Tribal land on which the 
     Secretary of Homeland Security (referred to in this section 
     as the ``Secretary'') intends to build or construct a 
     temporary or permanent structure related to efforts to secure 
     or protect the border between the United States and Mexico, 
     the Secretary shall conduct significant consultation with--
       (1) any owners of the land proposed to be acquired; and
       (2) any individuals or communities that could be impacted 
     by the construction of the structure, as determined by the 
     Secretary.
       (b) Final Plans; Transparency.--Before beginning 
     construction of a temporary or permanent structure described 
     in subsection (a), the Secretary shall--
       (1) give significant weight to the opinions and information 
     presented to the Secretary during the consultation process 
     conducted under that subsection; and
       (2) publish in the Federal Register information describing 
     ways in which the final plan of the Secretary for acquiring 
     the land or constructing the structure was modified as a 
     result of the consultation process conducted under that 
     subsection.
                                 ______
                                 
  SA 2016. Mr. HEINRICH (for himself and Mr. Udall) 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. __. RESTRICTIONS ON THE REPLACEMENT OF VEHICLE BARRIERS 
                   WITH A BORDER WALL ALONG THE SOUTHERN BORDER.

       (a) Waiver of Laws Relating to the Replacement of Vehicle 
     Barriers With a Border Wall.--The waiver authority under 
     section 102(c) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) 
     shall not apply to replacing existing vehicle barriers with a 
     primary wall or fence along the international border between 
     the United States and Mexico.
       (b) Prohibition on Use of Federal Funds for the Replacement 
     of Vehicle Barriers With a Border Wall or Pedestrian Fence.--
     Notwithstanding any other provision of law, no funds 
     authorized to be appropriated or appropriated under this Act 
     may be used to design or construct any levee wall, steel 
     bollard fence, or other wall intended to replace existing 
     vehicle barriers along the international border between the 
     United States and Mexico.
                                 ______
                                 
  SA 2017. Mr. FLAKE (for himself and 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 sections 4002 and 4003 and insert the following:

     SEC. 4002. SPONSORSHIP BY CITIZENS OF SPOUSES AND CHILDREN 
                   ONLY.

       (a) In General.--Section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) is amended--
       (1) by striking paragraph (1) and inserting the following 
     new paragraph (1):
       ``(1) Spouses and children of citizens.--Qualified 
     immigrants who are the spouse or child of a citizen of the 
     United States shall be allocated visas in a number not to 
     exceed--
       ``(A) the worldwide level specified in section 201(c); 
     minus
       ``(B) 114,200.''; and
       (2) by striking paragraphs (3) and (4).
       (b) Conforming Amendments.--The Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 201(f) (8 U.S.C. 1151(f))--
       (A) by striking paragraph (3);
       (B) by redesignating paragraph (4) as paragraph (3); and
       (C) in paragraph (3), as so redesignated, by striking 
     ``through (3)'' and inserting ``and (2)'';
       (2) in section 202 (8 U.S.C. 1152)--
       (A) in subsection (a)(4), by striking subparagraph (D); and
       (B) in subsection (e)(2), by striking ``through (4)'' and 
     inserting ``and (2)'';
       (3) in section 204 (8 U.S.C. 1154)--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)(i), by striking ``paragraph (1), 
     (3), or (4) of section 203(a)'' and inserting ``section 
     203(a)(1)''; and
       (ii) in subparagraph (D)(i)(I), by striking ``paragraph 
     (1), (2), or (3)'' and inserting ``paragraph (1) or (2)''; 
     and
       (B) in subsection (f)(1), by striking ``203(a)(1), or 
     203(a)(3)'' and inserting ``or 203(a)(1)''; and
       (4) in section 212(d)(11) (8 U.S.C. 1182(d)(11)), by 
     striking ``(other than paragraph (4) thereof)''.

     SEC. 4003. SPONSORSHIP BY LAWFUL PERMANENT RESIDENTS OF 
                   SPOUSES AND CHILDREN ONLY.

       (a) In General.--Section 203(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)(2)) is amended to read as 
     follows:
       ``(2) Spouses and children of permanent resident aliens.--
     Qualified immigrants who are the spouse or child of an alien 
     lawfully admitted for permanent residence shall be allocated 
     visas in a number not to exceed the sum of--
       ``(A) 114,200;
       ``(B) the number (if any) by which such worldwide level 
     exceeds 226,000; and
       ``(C) the number of visas not required for the class 
     described in paragraph (1).''.
       (b) Conforming Amendments.--The Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) is amended--

[[Page S1127]]

       (1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by 
     striking ``section 203(a)(2)(A)'' each place it appears and 
     inserting ``section 203(a)(2)'';
       (2) in section 201(f)(2) (8 U.S.C. 1151(f)(2)), by striking 
     ``section 203(a)(2)(A)'' and inserting ``section 203(a)(2)'';
       (3) in section 202 (8 U.S.C. 1152)--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``(3), (4), and (5)'' and 
     inserting ``(3) and (4)''
       (ii) by striking paragraph (4); and
       (iii) by redesignating paragraph (5) as paragraph (4); and
       (B) in subsection (e), by striking ``, or as limiting the 
     number of visas that may be issued under section 203(a)(2)(A) 
     pursuant to subsection (a)(4)(A)'';
       (4) in section 203(h) (8 U.S.C. 1153(h))--
       (A) in paragraph (3), by striking ``subsections (a)(2)(A) 
     and (d)'' and inserting ``subsection (d)''; and
       (B) by striking ``(a)(2)(A)'' each place it appears and 
     inserting ``(a)(2)'';
       (5) in section 204 (8 U.S.C. 1154)--
       (A) in subsection (a)(1)(B)--
       (i) in clause (ii)--

       (I) in subclause (I), by striking ``if such a child has not 
     been classified under clause (iii) of section 203(a)(2)(A) 
     and''; and
       (II) in subclause (II)(cc), by striking ``section 
     203(a)(2)(A)'' and inserting ``section 203(a)(2)''; and

       (ii) in clause (iii), by striking ``section 203(a)(2)(A)'' 
     and inserting ``section 203(a)(2)''; and
       (B) in subsection (k)(1)--
       (i) by striking ``alien unmarried son or daughter's 
     classification as a family- sponsored immigrant under section 
     203(a)(2)(B)'' and inserting ``alien child's classification 
     as a family-sponsored immigrant under section 203(a)(2)'';
       (ii) by striking ``son or daughter'' and inserting 
     ``child''; and
       (iii) by striking ``unmarried son or daughter as a family-
     sponsored immigrant under section 203(a)(1)'' and inserting 
     ``child as an immediate relative under section 201(b)(2)''; 
     and
       (6) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)), 
     by striking ``(a)(2)(A)'' each place it appears and inserting 
     ``(a)(2)''.

     SEC. 4004. CREATION OF NONIMMIGRANT CLASSIFICATION FOR ALIEN 
                   PARENTS OF ADULT UNITED STATES CITIZENS.

       (a) In General.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
       (1) in subparagraph (T)(ii)(III), by striking the period at 
     the end and inserting a semicolon;
       (2) in subparagraph (U)(iii), by striking ``or'' at the 
     end;
       (3) in subparagraph (V)(ii)(II), by striking the period at 
     the end and inserting ``; or''; and
       (4) by adding at the end the following:
       ``(W) Subject to section 214(s), an alien who is a parent 
     of a citizen of the United States, if the citizen is at least 
     21 years of age.''.
       (b) Conditions on Admission.--Section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184) is amended by 
     adding at the end the following:
       ``(s)(1) The initial period of authorized admission for a 
     nonimmigrant described in section 101(a)(15)(W) shall be 5 
     years, but may be extended by the Secretary of Homeland 
     Security for additional 5-year periods if the United States 
     citizen son or daughter of the nonimmigrant is still residing 
     in the United States.
       ``(2) A nonimmigrant described in section 101(a)(15)(W)--
       ``(A) is not authorized to be employed in the United 
     States; and
       ``(B) is not eligible for any Federal, State, or local 
     public benefit.
       ``(3) Regardless of the resources of a nonimmigrant 
     described in section 101(a)(15)(W), the United States citizen 
     son or daughter who sponsored the nonimmigrant parent shall 
     be responsible for the nonimmigrant's support while the 
     nonimmigrant resides in the United States.
       ``(4) An alien is ineligible to receive a visa or to be 
     admitted into the United States as a nonimmigrant described 
     in section 101(a)(15)(W) unless the alien provides 
     satisfactory proof that the United States citizen son or 
     daughter has arranged for health insurance coverage for the 
     alien, at no cost to the alien, during the anticipated period 
     of the alien's residence in the United States.''.

     SEC. 4005. EFFECTIVE DATE.

       (a) In General.--The amendments made by sections 4002 
     through 4005 shall take effect on the date that is 1 year 
     after the date of the enactment of this Act.
       (b) Grandfathered Petitions.--Notwithstanding the 
     termination by this title of the family-sponsored immigrant 
     visa categories under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) (as of the date before the 
     date of enactment of this Act), the amendments made by this 
     section shall not apply, and visas shall remain available to, 
     any alien who has--
       (1) an approved family-based petition that has not been 
     terminated or revoked, or
       (2) a properly-filed family-based petition that is--
       (A) pending with U.S. Citizenship and Immigration Services; 
     and
       (B) based on subsection (a) of section 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)) (as in 
     effect on the day before the date of enactment of this Act).
       (c) Availability of Visas for Grandfathered Petitions.--The 
     Secretary shall continue to allocate a sufficient number of 
     visas in family-sponsored immigrant visa categories until the 
     date on which a visa has been made available, in conformance 
     with the numeric and per country limitations in effect on the 
     day before the date of enactment of this Act, to each 
     beneficiary of an approved petition described in paragraph 
     (1) or (2) of subsection (b), if the beneficiary--
       (1) indicates an intent to pursue the immigrant visa not 
     later than 180 days after the date on which the Secretary of 
     State notifies the beneficiary of the availability of the 
     visa; and
       (2) is otherwise qualified to receive a visa under this 
     Act.

     SEC. 4006. VISA REALLOCATION.

       (a) Application of Amendments.--The amendments made by 
     sections 4002 through 4004 shall apply only with respect to 
     visas issued under section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153) on or after the effective 
     date specified in section 4006.
       (b) Visa Reallocation.--Of the number of visas available 
     under section 203 of such Act after the effective date that 
     would otherwise have been available under section 203(a) of 
     such Act, as in effect before such effective date, such visas 
     shall be reallocated after such effective date--
       (1) to family-sponsored immigrants under section 203(a) of 
     such Act to reduce or eliminate the backlog in visas under 
     that section; and
       (2) if any visas remain for allocation after the 
     elimination of the backlog in visas under section 203(a) of 
     such Act--
       (A) the number equal to 33 percent of the remaining visas 
     shall be available for aliens who are members of the 
     professions holding advanced degrees or aliens of exceptional 
     ability under section 203(b)(1) of such Act; and
       (B) the number equal to 34 percent of the remaining visas 
     shall be available for aliens who are members of the 
     professions holding advanced degrees or aliens of exceptional 
     ability under section 203(b)(2) of such Act; and
       (C) the number equal to 33 percent of the remaining visas 
     shall be available for aliens who skilled workers, 
     professionals, or other workers under section 203(b)(3) of 
     such Act.
       (c) Transition Rules for Employment-based Immigrants.--
       (1) In general.--Subject to paragraphs (2) through (4), and 
     notwithstanding title II of the Immigration and Nationality 
     Act (8 U.S.C. 1151 et seq.), the following rules shall apply:
       (A) For fiscal year 2018, 15 percent of the immigrant visas 
     made available under each of paragraphs (2) and (3) of 
     section 203(b) of such Act (8 U.S.C. 1153(b)) shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the two states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2011 under such paragraphs.
       (B) For fiscal year 2019, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the two states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2012 under such paragraphs.
       (C) For fiscal year 2020, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the two states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2015 under such paragraphs.
       (2) Per-country levels.--
       (A) Reserved visas.--The number of visas reserved under 
     each of subparagraphs (A) through (C) of paragraph (1) made 
     available to natives of any single foreign state or dependent 
     area in the appropriate fiscal year may not exceed 25 percent 
     (in the case of a single foreign state) or 2 percent (in the 
     case of a dependent area) of the total number of such visas.
       (B) Unreserved visas.--Not more than 85 percent of the 
     immigrant visas made available under each of paragraphs (2) 
     and (3) of section 203(b) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), 
     for each of the fiscal years 2018, 2019, and 2020, may be 
     allotted to immigrants who are natives of any single foreign 
     state.
       (3) Special rule to prevent unused visas.--If, with respect 
     to fiscal year 2018, 2019, or 2020, the application of 
     paragraphs (1) and (2) would prevent the total number of 
     immigrant visas made available under paragraph (2) or (3) of 
     section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)) from being issued, such visas may be issued 
     during the remainder of such fiscal year without regard to 
     paragraphs (1) and (2).
       (4) Rules for chargeability.--Section 202(b) of such Act (8 
     U.S.C. 1152(b)) shall apply in determining the foreign state 
     to which an alien is chargeable for purposes of this 
     subsection.

     SEC. 4007. ELIMINATION OF DIVERSITY VISA PROGRAM.

       (a) In General.--Section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsections (d), (e), (f), (g), and 
     (h) as subsections (c), (d), (e), (f), and (g), respectively;

[[Page S1128]]

       (3) in subsection (c), as redesignated, by striking 
     ``subsection (a), (b), or (c)'' and inserting ``subsection 
     (a) or (b)'';
       (4) in subsection (d), as redesignated--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraph (3) as paragraph (2);
       (5) in subsection (e), as redesignated, by striking 
     ``subsection (a), (b), or (c) of this section'' and inserting 
     ``subsection (a) or (b)'';
       (6) in subsection (f), as redesignated, by striking 
     ``subsections (a), (b), and (c)'' and inserting ``subsections 
     (a) and (b)''; and
       (7) in subsection (g), as redesignated--
       (A) by striking ``(d)'' each place it appears and inserting 
     ``(c)''; and
       (B) in paragraph (2)(B), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)''.
       (b) Technical and Conforming Amendments.--The Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by 
     striking ``section 203(d)'' and inserting ``section 203(c)'';
       (2) in section 201 (8 U.S.C. 1151)--
       (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);
       (B) by striking subsection (e); and
       (C) by redesignating subsection (f) as subsection (e);
       (3) in section 203(b)(2)(B)(ii)(IV) (8 U.S.C. 
     1153(b)(2)(B)(ii)(IV)), by striking ``section 203(b)(2)(B)'' 
     each place such term appears and inserting ``clause (i)'';
       (4) in section 204 (8 U.S.C. 1154)--
       (A) in subsection (a)(1)--
       (i) by striking subparagraph (I); and
       (ii) by redesignating subparagraphs (J) through (L) as 
     subparagraphs (I) through (K), respectively;
       (B) in subsection (e), by striking ``subsection (a), (b), 
     or (c) of section 203'' and inserting ``subsection (a) or (b) 
     of section 203''; and
       (C) in subsection (l)(2)--
       (i) in subparagraph (B), by striking ``section 203 (a) or 
     (d)'' and inserting ``subsection (a) or (c) of section 203''; 
     and
       (ii) in subparagraph (C), by striking ``section 203(d)'' 
     and inserting ``section 203(c)'';
       (5) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)), 
     by striking ``section 203(d)'' and inserting ``section 
     203(c)'';
       (6) in section 216(h)(1) (8 U.S.C. 1186a(h)(1)), in the 
     undesignated matter following subparagraph (C), by striking 
     ``section 203(d)'' and inserting ``section 203(c)''; and
       (7) in section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)), by 
     striking ``section 203(d)'' and inserting ``section 203(c)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first fiscal year 
     beginning on or after the date of the enactment of this Act.

     SEC. 4008. REALLOCATION OF VISAS; GRANDFATHERED PETITIONS.

       (a) Grandfathered Petitions and Visas.--Notwithstanding the 
     elimination under section 4007 of the diversity visa program 
     described in sections 201(e) and 203(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(e) and 1153(c)) (as in 
     effect on the day before the date of enactment of this Act), 
     the amendments made by this section shall not apply, and 
     visas shall remain available, to any alien whom the Secretary 
     of State has selected to participate in the diversity visa 
     lottery for fiscal year 2018.
       (b) Reallocation of Visas.--
       (1) In general.--Beginning in fiscal year 2019 and ending 
     on the date on which the number of visas allocated for aliens 
     who qualify for visas under the Nicaraguan Adjustment and 
     Central American Relief Act (Public Law 105-100; 8 U.S.C. 
     1153 note) is exhausted, the Secretary of Homeland Security 
     shall make available the annual allocation of diversity visas 
     as follows:
       (A) 20,000 visas shall be made available to aliens who--
       (i) have earned a Ph.D. degree from a United States 
     institution of higher education (as defined in section 101(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a 
     field of science, technology, engineering, or mathematics; 
     and
       (ii) have an offer of employment from a United States 
     employer in a field related to such degree.
       (B) 20,000 visas shall be made available to aliens who 
     qualify for an Entrepreneur Immigrant Visa.
       (C) 10,000 visas shall be made available to aliens under 
     section 203(b)(6) of the Immigration and Nationality Act, as 
     added by paragraph (2)(B).
       (2) Entrepreneur immigrants.--Section 203(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(b)) is 
     amended--
       (A) by redesignating paragraph (6) as paragraph (7); and
       (B) by inserting after paragraph (5) the following:
       ``(6) Entrepreneur immigrants.--
       ``(A) Definitions.--In this paragraph and in sections 
     101(a)(15)(W) and 214(s):
       ``(i) Qualified angel investor.--The term `qualified angel 
     investor' means an individual or organized group of 
     individuals investing directly or through a legal entity--

       ``(I) each of whom is an accredited investor (as defined in 
     section 230.501(a) of title 17, Code of Federal Regulations, 
     or any similar successor regulation) investing the funds 
     owned by such individual or organized group in a qualified 
     entrepreneur's United States business entity;
       ``(II)(aa) if an individual, is a citizen of the United 
     States or an alien lawfully admitted for permanent residence; 
     or

       ``(bb) if an organized group or legal entity, a majority of 
     the individuals investing through such group or entity are 
     citizens of the United States or aliens lawfully admitted for 
     permanent residence; and

       ``(III) each of whom in the previous 3 years has made 
     qualified investments totaling not less than $50,000 (or such 
     higher amount determined appropriate by the Secretary) in 
     United States business entities that are less than 5 years 
     old.

       ``(ii) Qualified community development financial 
     institution.--The term `qualified community development 
     financial institution' means an entity that has been 
     certified by the Community Development Financial Institutions 
     Fund under section 1805.201 of title 12, Code of Federal 
     Regulations, or any similar successor regulation.
       ``(iii) Qualified entrepreneur.--The term `qualified 
     entrepreneur' means an individual who--

       ``(I) has a significant ownership interest, which need not 
     constitute a majority interest, in a United States business 
     entity;
       ``(II) is employed in a senior executive position at such 
     entity;
       ``(III) submits a business plan to U.S. Citizenship and 
     Immigration Services; and
       ``(IV) had a substantial role in the founding or early-
     stage growth and development of such entity.

       ``(iv) Qualified government entity.--The term `qualified 
     government entity' means an agency or instrumentality of the 
     United States or of a State, local, or tribal government.
       ``(v) Qualified investment.--The term `qualified 
     investment'--

       ``(I) means an investment in a qualified entrepreneur's 
     United States business entity that is--

       ``(aa) a purchase from such entity of equity or convertible 
     debt issued by such entity;
       ``(bb) a secured loan;
       ``(cc) a convertible debt note;
       ``(dd) a public securities offering;
       ``(ee) a research and development award from a qualified 
     government entity to the United States business entity;
       ``(ff) another investment determined appropriate by the 
     Secretary; or
       ``(gg) a combination of any of the investments described in 
     items (aa) through (ff); and

       ``(II) does not include an investment from--

       ``(aa) such qualified entrepreneur;
       ``(bb) the parents, spouse, son, or daughter of such 
     qualified entrepreneur; or
       ``(cc) any corporation, company, association, firm, 
     partnership, society, or joint stock company over which such 
     qualified entrepreneur has a substantial ownership interest.
       ``(vi) Qualified job.--The term `qualified job' means a 
     full-time position at a United States business entity owned 
     by a qualified entrepreneur that--

       ``(I) is located in the United States;
       ``(II) has been filled for at least 2 years by a United 
     States citizen or legal permanent resident who is not the 
     qualified entrepreneur or the spouse, son, or daughter of the 
     qualified entrepreneur; and
       ``(III) is compensated at a wage level that is commensurate 
     with similarly situated employees in comparable positions in 
     the metropolitan statistical area of the employment.

       ``(vii) Qualified startup accelerator.--The term `qualified 
     startup accelerator' means a corporation, company, 
     association, firm, partnership, society, or joint stock 
     company that--

       ``(I) is organized under the laws of the United States or 
     of any State and conducts business in the United States;
       ``(II) in the ordinary course of business, provides a 
     program of training, mentorship, and logistical support to 
     assist entrepreneurs in growing their businesses;
       ``(III) is managed by individuals, the majority of whom are 
     citizens of the United States or aliens lawfully admitted for 
     permanent residence;
       ``(IV)(aa) regularly acquires an equity interest in 
     companies that participate in its programs in which the 
     majority of the capital so invested is committed from 
     individuals who are United States citizens or aliens lawfully 
     admitted for permanent residence, or from entities organized 
     under the laws of the United States or any State; or
       ``(bb) is an entity that has received not less than 
     $250,000 in funding from a qualified government entity or 
     entities during the previous 5 years and regularly awards 
     grants to companies that participate in its programs (in 
     which case, such grant shall be treated as a qualified 
     investment for purposes of clause (v));
       ``(V) during the previous 5 years, has acquired an equity 
     interest in, or, in the case of an entity described in 
     subclause (IV)(bb), regularly made grants to, not fewer than 
     10 United States business entities that--

       ``(aa) have participated in its programs; and
       ``(bb)(AA) have each secured at least $100,000 in initial 
     investments; or
       ``(BB) during any 2-year period following the date of such 
     acquisition, have generated not less than $500,000 in 
     aggregate annual revenue within the United States;

       ``(VI) has its primary location in the United States; and

[[Page S1129]]

       ``(VII) satisfies such other criteria as the Secretary may 
     establish.

       ``(viii) Qualified venture capitalist.--The term `qualified 
     venture capitalist' means an entity that--

       ``(I)(aa) is a venture capital operating company (as 
     defined in section 2510.3-101(d) of title 29, Code of Federal 
     Regulations or any successor to such regulation); or
       ``(bb) has management rights, as defined in, and to the 
     extent required by, such section 2510.3-101(d) or successor 
     regulation, in its portfolio companies;
       ``(II) has capital commitments of not less than 
     $10,000,000; and
       ``(III) has an investment adviser that--

       ``(aa) is registered under section 203 of the Investment 
     Advisers Act of 1940 (15 U.S.C. 80b-3);
       ``(bb) has its primary office location in the United 
     States;
       ``(cc) is directly or indirectly owned by individuals, the 
     majority of whom are citizens of the United States or aliens 
     lawfully admitted for permanent residence in the United 
     States;
       ``(dd) has been advising such entity or other similar funds 
     or entities for at least 2 years; and
       ``(ee) has advised such entity or a similar fund or entity 
     with respect to at least 2 investments of not less than 
     $500,000 made by such entity or similar fund or entity during 
     each of the most recent 2 years.
       ``(ix) Secretary.--Except as otherwise specifically 
     provided, the term `Secretary' means the Secretary of 
     Homeland Security.
       ``(x) Senior executive position.--The term `senior 
     executive position' includes the position of chief executive 
     officer, chief technology officer, and chief operating 
     officer.
       ``(xi) United states business entity.--The term `United 
     States business entity' means any corporation, company, 
     association, firm, partnership, society, or joint stock 
     company that is organized under the laws of the United States 
     or any State and that conducts business in the United States 
     that is not--

       ``(I) a private fund (as defined in 202(a) of the 
     Investment Advisers Act of 1940 (15 U.S.C. 80b-2));
       ``(II) a commodity pool (as defined in section 1a of the 
     Commodity Exchange Act (7 U.S.C. 1a));
       ``(III) an investment company (as defined in section 3 of 
     the Investment Company Act of 1940 (15 U.S.C. 80a-3); or
       ``(IV) an issuer that would be an investment company 
     without an exemption provided in--

       ``(aa) section 3(c) of the Investment Company Act of 1940 
     (15 U.S.C. 80a-3(c)); or
       ``(bb) section 270.3a-7 of title 17, Code of Federal 
     Regulations, or any similar successor regulation.
       ``(B) In general.--Not more than 10,000 visas shall be 
     available during each fiscal year for qualified immigrants 
     seeking to enter the United States for the purpose of 
     creating new businesses, as described in this paragraph.
       ``(C) Eligibility.--An alien who is a qualified 
     entrepreneur is eligible for a visa under this paragraph if--
       ``(i)(I) the alien maintained valid nonimmigrant status in 
     the United States for at least 2 years;
       ``(II) during the 3-year period ending on the date the 
     alien files an initial petition for such status under this 
     section--

       ``(aa)(AA) the alien has a significant ownership in a 
     United States business entity that has created not fewer than 
     5 qualified jobs; and
       ``(BB) a qualified venture capitalist, a qualified angel 
     investor, a qualified government entity, a qualified 
     community development financial institution, qualified 
     startup accelerator, or such other entity or type of 
     investors, as determined by the Secretary, or any combination 
     of such entities or investors, has devoted a qualified 
     investment or combination of qualified investments of not 
     less than $500,000 to the alien's United States business 
     entity; or
       ``(bb)(AA) the alien has a significant ownership interest 
     in a United States business entity that has created not fewer 
     than 5 qualified jobs; and
       ``(BB) during the 2-year period ending on such petition 
     date, has generated not less than $500,000 in annual revenue 
     within the United States; and

       ``(III) not more than 2 other aliens have received 
     nonimmigrant status under this section on the basis of an 
     alien's ownership of such United States business entity; or
       ``(ii)(I) the alien maintained valid nonimmigrant status in 
     the United States for at least 3 years before the date on 
     which the alien filed an application for such status;
       ``(II) the alien holds an advanced degree in a field of 
     science, technology, engineering, or mathematics that has 
     been approved by the Secretary;
       ``(III) during the 3-year period ending on the date on 
     which the alien files an initial petition for such status 
     under this section--

       ``(aa)(AA) the alien has a significant ownership interest 
     in a United States business entity that has created not fewer 
     than 4 qualified jobs; and
       ``(BB) a qualified venture capitalist, a qualified angel 
     investor, a qualified government entity, a qualified 
     community development financial institution, qualified 
     startup accelerator, or such other entity or type of 
     investors, as determined by the Secretary, or any combination 
     of such entities or investors, has devoted a qualified 
     investment or combination of qualified investments of not 
     less than $500,000 in total to the alien's United States 
     business entity; or
       ``(bb)(AA) the alien has a significant ownership interest 
     in a United States business entity that has created not fewer 
     than 3 qualified jobs; and
       ``(BB) during the 2-year period ending on such petition 
     date, the entity has generated not less than $500,000 in 
     annual revenue within the United States; and

       ``(IV) not more than 3 other aliens have received 
     nonimmigrant status under this paragraph on the basis of an 
     alien's ownership of such United States business entity.
       ``(D) New business plan requirement.--
       ``(i) In general.--A qualified entrepreneur shall submit a 
     new business plan to U.S. Citizenship and Immigration 
     Services if there has been a material change to the business 
     plan referred to in subparagraph (A)(iii)(III).
       ``(ii) Presumption.--There shall be a presumption in favor 
     of approval for any new business plan submitted pursuant to 
     clause (i).
       ``(E) Attestation.--The Secretary may require an alien 
     seeking a visa under this paragraph to attest, under 
     penalties of perjury, to the alien's qualifications.''.
       (3) Notification.--
       (A) Federal register.--The Secretary, in consultation with 
     the Secretary of State, shall publish a notice in the Federal 
     Register to notify affected aliens with respect to--
       (i) the availability of visas under paragraph (1);
       (ii) the manner in which the visas shall be allocated.
       (B) Visa bulletin.--The Secretary of State shall publish a 
     notice in the monthly visa bulletin of the Department of 
     State with respect to--
       (i) the availability of visas under paragraph (1);
       (ii) the manner in which the visas shall be allocated.

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