[Congressional Record Volume 164, Number 104 (Thursday, June 21, 2018)]
[House]
[Pages H5380-H5438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SECURING AMERICA'S FUTURE ACT OF 2018

  Mr. GOODLATTE. Mr. Speaker, pursuant to House Resolution 954, I call 
up the bill (H.R. 4760) to amend the immigration laws and the homeland 
security laws, and for other purposes, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 954, the 
amendments printed in House Report 115-772 are adopted, and the bill, 
as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 4760

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Securing 
     America's Future Act of 2018''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                  DIVISION A--LEGAL IMMIGRATION REFORM

           TITLE I--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.

                  TITLE II--AGRICULTURAL WORKER REFORM

Sec. 2101. Short title.
Sec. 2102. H-2C temporary agricultural work visa program.
Sec. 2103. Admission of temporary H-2C workers.
Sec. 2104. Mediation.
Sec. 2105. Migrant and seasonal agricultural worker protection.
Sec. 2106. Binding arbitration.
Sec. 2107. Eligibility for health care subsidies and refundable tax 
              credits; required health insurance coverage.
Sec. 2108. Study of establishment of an agricultural worker employment 
              pool.
Sec. 2109. Prevailing wage.
Sec. 2110. Effective dates; sunset; regulations.
Sec. 2111. Report on compliance and violations.

                        TITLE III--VISA SECURITY

Sec. 3101. Cancellation of additional visas.
Sec. 3102. Visa information sharing.
Sec. 3103. Restricting waiver of visa interviews.
Sec. 3104. Authorizing the Department of State to not interview certain 
              ineligible visa applicants.
Sec. 3105. Visa refusal and revocation.
Sec. 3106. Petition and application processing for visas and 
              immigration benefits.
Sec. 3107. Fraud prevention.
Sec. 3108. Visa ineligibility for spouses and children of drug 
              traffickers.
Sec. 3109. DNA testing.
Sec. 3110. Access to NCIC criminal history database for diplomatic 
              visas.
Sec. 3111. Elimination of signed photograph requirement for visa 
              applications.
Sec. 3112. Additional fraud detection and prevention.

              DIVISION B--INTERIOR IMMIGRATION ENFORCEMENT

                      TITLE I--LEGAL WORKFORCE ACT

Sec. 1101. Short title.
Sec. 1102. Employment eligibility verification process.
Sec. 1103. Employment eligibility verification system.
Sec. 1104. Recruitment, referral, and continuation of employment.
Sec. 1105. Good faith defense.
Sec. 1106. Preemption and States' rights.
Sec. 1107. Repeal.
Sec. 1108. Penalties.
Sec. 1109. Fraud and misuse of documents.
Sec. 1110. Protection of Social Security Administration programs.
Sec. 1111. Fraud prevention.
Sec. 1112. Use of employment eligibility verification photo tool.
Sec. 1113. Identity authentication employment eligibility verification 
              pilot programs.
Sec. 1114. Inspector General audits.

    TITLE II--SANCTUARY CITIES AND STATE AND LOCAL LAW ENFORCEMENT 
                              COOPERATION

Sec. 2201. Short title.

[[Page H5381]]

Sec. 2202. State noncompliance with enforcement of immigration law.
Sec. 2203. Clarifying the authority of ice detainers.
Sec. 2204. Sarah and Grant's law.
Sec. 2205. Clarification of congressional intent.
Sec. 2206. Penalties for illegal entry or presence.

                       TITLE III--CRIMINAL ALIENS

Sec. 3301. Precluding admissibility of aliens convicted of aggravated 
              felonies or other serious offenses.
Sec. 3302. Increased penalties barring the admission of convicted sex 
              offenders failing to register and requiring deportation 
              of sex offenders failing to register.
Sec. 3303. Grounds of inadmissibility and deportability for alien gang 
              members.
Sec. 3304. Inadmissibility and deportability of drunk drivers.
Sec. 3305. Definition of aggravated felony.
Sec. 3306. Precluding withholding of removal for aggravated felons.
Sec. 3307. Protecting immigrants from convicted sex offenders.
Sec. 3308. Clarification to crimes of violence and crimes involving 
              moral turpitude.
Sec. 3309. Detention of dangerous aliens.
Sec. 3310. Timely repatriation.
Sec. 3311. Illegal reentry.

                        TITLE IV--ASYLUM REFORM

Sec. 4401. Clarification of intent regarding taxpayer-provided counsel.
Sec. 4402. Credible fear interviews.
Sec. 4403. Recording expedited removal and credible fear interviews.
Sec. 4404. Safe third country.
Sec. 4405. Renunciation of asylum status pursuant to return to home 
              country.
Sec. 4406. Notice concerning frivolous asylum applications.
Sec. 4407. Anti-fraud investigative work product.
Sec. 4408. Penalties for asylum fraud.
Sec. 4409. Statute of limitations for asylum fraud.
Sec. 4410. Technical amendments.

 TITLE V--UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS APPREHENDED ALONG 
                               THE BORDER

Sec. 5501. Repatriation of unaccompanied alien children.
Sec. 5502. Special immigrant juvenile status for immigrants unable to 
              reunite with either parent.
Sec. 5503. Jurisdiction of asylum applications.
Sec. 5504. Quarterly report to Congress.
Sec. 5505. Biannual report to Congress.
Sec. 5506. Clarification of standards for family detention.

                     DIVISION C--BORDER ENFORCEMENT

Sec. 1100. Short title.

                        TITLE I--BORDER SECURITY

Sec. 1101. Definitions.

                Subtitle A--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. Border security technology program management.
Sec. 1116. Reimbursement of States for deployment of the National Guard 
              at the southern border.
Sec. 1117. National Guard support to secure the southern border.
Sec. 1118. Prohibitions on actions that impede border security on 
              certain Federal land.
Sec. 1119. Landowner and rancher security enhancement.
Sec. 1120. Eradication of carrizo cane and salt cedar.
Sec. 1121. Southern border threat analysis.
Sec. 1122. Amendments to U.S. Customs and Border Protection.
Sec. 1123. Agent and officer technology use.
Sec. 1124. Integrated Border Enforcement Teams.
Sec. 1125. Tunnel Task Forces.
Sec. 1126. Pilot program on use of electromagnetic spectrum in support 
              of border security operations.
Sec. 1127. Homeland security foreign assistance.

                         Subtitle B--Personnel

Sec. 1131. Additional U.S. Customs and Border Protection agents and 
              officers.
Sec. 1132. U.S. Customs and Border Protection retention incentives.
Sec. 1133. Anti-Border Corruption Reauthorization Act.
Sec. 1134. Training for officers and agents of U.S. Customs and Border 
              Protection.

                           Subtitle C--Grants

Sec. 1141. Operation Stonegarden.

              Subtitle D--Authorization of Appropriations

Sec. 1151. Authorization of appropriations.

 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Secure communications.
Sec. 2103. Border security deployment program.
Sec. 2104. Pilot and upgrade of license plate readers at ports of 
              entry.
Sec. 2105. Non-intrusive inspection operational demonstration.
Sec. 2106. Biometric exit data system.
Sec. 2107. Sense of Congress on cooperation between agencies.
Sec. 2108. Authorization of appropriations.
Sec. 2109. Definition.

                 TITLE III--VISA SECURITY AND INTEGRITY

Sec. 3101. Visa security.
Sec. 3102. Electronic passport screening and biometric matching.
Sec. 3103. Reporting of visa overstays.
Sec. 3104. Student and exchange visitor information system 
              verification.
Sec. 3105. Social media review of visa applicants.

     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

Sec. 4101. Short title.
Sec. 4102. Unlawfully hindering immigration, border, and customs 
              controls.

        DIVISION D--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

Sec. 1101. Definitions.
Sec. 1102. Contingent nonimmigrant status for certain aliens who 
              entered the United States as minors.
Sec. 1103. Administrative and judicial review.
Sec. 1104. Penalties and signature requirements.
Sec. 1105. Rulemaking.
Sec. 1106. Statutory construction.

                  DIVISION A--LEGAL IMMIGRATION REFORM

           TITLE I--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 striking subsection (c) and inserting the following:
       ``(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. 
     Such immigrants 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;

[[Page H5382]]

       (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 turns 25 years of age prior to 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 so 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--
       (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 division D of the Securing America's Future Act.''.
       (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) with 
     respect to a parent of a United States citizen, or under 
     section 203(a)(1), (2)(B), (3) or (4) of such Act (8 U.S.C. 
     1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). 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) with respect to a parent of a 
     United States citizen, or under section 203(a)(1), (2)(B), 
     (3) or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i), 
     1153(a)(1), (2)(B), (3), or (4)). 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--

[[Page H5383]]

       (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 the first day of fiscal year 2019 and 
     shall apply to the visas made available in that 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 adding before the 
     semicolon at the end the following: ``, 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''.

                  TITLE II--AGRICULTURAL WORKER REFORM

     SEC. 2101. SHORT TITLE.

       This title may be cited as--
       (1) the ``Agricultural Guestworker Act''; or
       (2) the ``AG Act''.

     SEC. 2102. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.

       (a) In General.--Section 101(a)(15)(H) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
     striking ``; or (iii)'' and inserting ``, or (c) who is 
     coming temporarily to the United States to perform 
     agricultural labor or services; or (iii)''.
       (b) Definition.--Section 101(a) of such Act (8 U.S.C. 
     1101(a)) is amended by adding at the end the following:
       ``(53) The term `agricultural labor or services' has the 
     meaning given such term by the Secretary of Agriculture in 
     regulations and includes--
       ``(A) agricultural labor as defined in section 3121(g) of 
     the Internal Revenue Code of 1986;
       ``(B) agriculture as defined in section 3(f) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(f));
       ``(C) the handling, planting, drying, packing, packaging, 
     processing, freezing, or grading prior to delivery for 
     storage of any agricultural or horticultural commodity in its 
     unmanufactured state;
       ``(D) all activities required for the preparation, 
     processing or manufacturing of a product of agriculture (as 
     such term is defined in such section 3(f)), or fish or 
     shellfish, for further distribution;
       ``(E) forestry-related activities; and
       ``(F) aquaculture activities,
     except that in regard to labor or services consisting of meat 
     or poultry processing, the term `agricultural labor or 
     services' only includes the killing of animals and the 
     breakdown of their carcasses.''.

     SEC. 2103. ADMISSION OF TEMPORARY H-2C WORKERS.

       (a) Procedure for Admission.--Chapter 2 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is 
     amended by inserting after section 218 the following:

     ``SEC. 218A. ADMISSION OF TEMPORARY H-2C WORKERS.

       ``(a) Definitions.--In this section and section 218B:
       ``(1) Displace.--The term `displace' means to lay off a 
     United States worker from the job for which H-2C workers are 
     sought.
       ``(2) Job.--The term `job' refers to all positions with an 
     employer that--
       ``(A) involve essentially the same responsibilities;
       ``(B) are held by workers with substantially equivalent 
     qualifications and experience; and
       ``(C) are located in the same place or places of 
     employment.
       ``(3) Employer.--The term `employer' includes a single or 
     joint employer, including an association acting as a joint 
     employer with its members, who hires workers to perform 
     agricultural labor or services.
       ``(4) Forestry-related activities.--The term `forestry-
     related activities' includes tree planting, timber 
     harvesting, logging operations, brush clearing, vegetation 
     management, herbicide application, the maintenance of rights-
     of-way (including for roads, trails, and utilities), 
     regardless of whether such right-of-way is on forest land, 
     and the harvesting of pine straw.
       ``(5) H-2C worker.--The term `H-2C worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(c).
       ``(6) Lay off.--
       ``(A) In general.--The term `lay off'--
       ``(i) means to cause a worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in paragraph (4) 
     of subsection (b)); and
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar position with the same employer at equivalent or 
     higher wages and benefits than the position from which the 
     employee was discharged, regardless of whether or not the 
     employee accepts the offer.
       ``(B) Construction.--Nothing in this paragraph is intended 
     to limit an employee's rights under a collective bargaining 
     agreement or other employment contract.
       ``(7) United states worker.--The term `United States 
     worker' means any worker who is--
       ``(A) a citizen or national of the United States; or
       ``(B) an alien who is lawfully admitted for permanent 
     residence, is admitted as a refugee under section 207, or is 
     granted asylum under section 208.
       ``(8) Special procedures industry.--The term `special 
     procedures industry' includes sheepherding, goat herding, and 
     the range production of livestock, itinerant commercial 
     beekeeping and pollination, itinerant animal shearing, and 
     custom combining and harvesting.
       ``(b) Petition.--An employer that seeks to employ aliens as 
     H-2C workers under this section shall file with the Secretary 
     of Homeland Security a petition attesting to the following:
       ``(1) Offer of employment.--The employer will offer 
     employment to the aliens on a contractual basis as H-2C 
     workers under this section for a specific period of time 
     during which the aliens may not work on an at-will basis (as 
     provided for in section 218B), and such contract shall only 
     be required to include a description of each place of 
     employment, period of employment, wages and other benefits to 
     be provided, and the duties of the positions.
       ``(2) Temporary labor or services.--
       ``(A) In general.--The employer is seeking to employ a 
     specific number of H-2C workers on a temporary basis and will 
     provide compensation to such workers at a wage rate no less 
     than that set forth in subsection (j)(2).
       ``(B) Definition.--For purposes of this paragraph, a worker 
     is employed on a temporary basis if the employer intends to 
     employ the worker for no longer than the time period set 
     forth in subsection (m)(1) (subject to the exceptions in 
     subsection (m)(3)).
       ``(3) Benefits, wages, and working conditions.--The 
     employer will provide, at a minimum, the benefits, wages, and 
     working conditions required by subsection (k) to all workers 
     employed in the job for which the H-2C workers are sought.
       ``(4) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace United States 
     workers employed by the employer during the period of 
     employment of the H-2C workers and during the 30-day period 
     immediately preceding such period of employment in the job 
     for which the employer seeks approval to employ H-2C workers.
       ``(5) Recruitment.--
       ``(A) In general.--The employer--
       ``(i) conducted adequate recruitment before filing the 
     petition; and
       ``(ii) was unsuccessful in locating sufficient numbers of 
     willing and qualified United States workers for the job for 
     which the H-2C workers are sought.
       ``(B) Other requirements.--The recruitment requirement 
     under subparagraph (A) is satisfied if the employer places a 
     local job order with the State workforce agency serving each 
     place of employment, except that nothing in this subparagraph 
     shall require the employer to file an interstate job order 
     under section 653 of title 20, Code of Federal Regulations. 
     The State workforce agency shall post the job order on its 
     official agency website for a minimum of 30 days and not 
     later than 3 days after receipt using the employment 
     statistics system authorized under section 15 of the Wagner-
     Peyser Act (29 U.S.C. 49l-2). The Secretary of Labor shall 
     include links to the official Web sites of all State 
     workforce agencies on a single

[[Page H5384]]

     webpage of the official Web site of the Department of Labor.
       ``(C) End of recruitment requirement.--The requirement to 
     recruit United States workers for a job shall terminate on 
     the first day that work begins for the H-2C workers.
       ``(6) Offers to united states workers.--The employer has 
     offered or will offer the job for which the H-2C workers are 
     sought to any eligible United States workers who--
       ``(A) apply;
       ``(B) are qualified for the job; and
       ``(C) will be available at the time, at each place, and for 
     the duration, of need.
     This requirement shall not apply to United States workers who 
     apply for the job on or after the first day that work begins 
     for the H-2C workers.
       ``(7) Provision of insurance.--If the job for which the H-
     2C workers are sought is not covered by State workers' 
     compensation law, the employer will provide, at no cost to 
     the workers unless State law provides otherwise, insurance 
     covering injury and disease arising out of, and in the course 
     of, the workers' employment, which will provide benefits at 
     least equal to those provided under the State workers 
     compensation law for comparable employment.
       ``(8) Strike or lockout.--The job that is the subject of 
     the petition is not vacant because the former workers in that 
     job are on strike or locked out in the course of a labor 
     dispute.
       ``(c) List.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     maintain a list of the petitions filed under this subsection, 
     which shall--
       ``(A) be sorted by employer; and
       ``(B) include the number of H-2C workers sought, the wage 
     rate, the period of employment, each place of employment, and 
     the date of need for each alien.
       ``(2) Availability.--The Secretary of Homeland Security 
     shall make the list available for public examination.
       ``(d) Petitioning for Admission.--
       ``(1) Consideration of petitions.--For petitions filed and 
     considered under this subsection--
       ``(A) the Secretary of Homeland Security may not require 
     such petition to be filed more than 28 days before the first 
     date the employer requires the labor or services of H-2C 
     workers;
       ``(B) within the appropriate time period under subparagraph 
     (C) or (D), the Secretary of Homeland Security shall--
       ``(i) approve the petition;
       ``(ii) reject the petition; or
       ``(iii) determine that the petition is incomplete or 
     obviously inaccurate or that the employer has not complied 
     with the requirements of subsection (b)(5)(A)(i) (which the 
     Secretary can ascertain by verifying whether the employer has 
     placed a local job order as provided for in subsection 
     (b)(5)(B));
       ``(C) if the Secretary determines that the petition is 
     incomplete or obviously inaccurate, or that the employer has 
     not complied with the requirements of subsection (b)(5)(A)(i) 
     (which the Secretary can ascertain by verifying whether the 
     employer has placed a local job order as provided for in 
     subsection (b)(5)(B)), the Secretary shall--
       ``(i) within 5 business days of receipt of the petition, 
     notify the petitioner of the deficiencies to be corrected by 
     means ensuring same or next day delivery; and
       ``(ii) within 5 business days of receipt of the corrected 
     petition, approve or reject the petition and provide the 
     petitioner with notice of such action by means ensuring same 
     or next day delivery; and
       ``(D) if the Secretary does not determine that the petition 
     is incomplete or obviously inaccurate, the Secretary shall 
     not later than 10 business days after the date on which such 
     petition was filed, either approve or reject the petition and 
     provide the petitioner with notice of such action by means 
     ensuring same or next day delivery.
       ``(2) Access.--By filing an H-2C petition, the petitioner 
     and each employer (if the petitioner is an association that 
     is a joint employer of workers who perform agricultural labor 
     or services) consent to allow access to each place of 
     employment to the Department of Agriculture and the 
     Department of Homeland Security for the purpose of 
     investigations and audits to determine compliance with the 
     immigration laws (as defined in section 101(a)(17)).
       ``(e) Roles of Agricultural Associations.--
       ``(1) Treatment of associations acting as employers.--If an 
     association is a joint employer of workers who perform 
     agricultural labor or services, H-2C workers may be 
     transferred among its members to perform the agricultural 
     labor or services on a temporary basis for which the petition 
     was approved.
       ``(2) Treatment of violations.--
       ``(A) Individual member.--If an individual member of an 
     association that is a joint employer commits a violation 
     described in paragraph (2) or (3) of subsection (h) or 
     subsection (i)(1), the Secretary of Agriculture shall invoke 
     penalties pursuant to subsections (h) and (i) against only 
     that member of the association unless the Secretary of 
     Agriculture determines that the association participated in, 
     had knowledge of, or had reason to know of the violation.
       ``(B) Association of agricultural employers.--If an 
     association that is a joint employer commits a violation 
     described in subsections (h)(2) and (3) or (i)(1), the 
     Secretary of Agriculture shall invoke penalties pursuant to 
     subsections (h) and (i) against only the association and not 
     any individual members of the association, unless the 
     Secretary determines that the member participated in the 
     violation.
       ``(f) Expedited Administrative Appeals.--The Secretary of 
     Homeland Security shall promulgate regulations to provide for 
     an expedited procedure for the review of a denial of a 
     petition under this section by the Secretary. At the 
     petitioner's request, the review shall include a de novo 
     administrative hearing at which new evidence may be 
     introduced.
       ``(g) Fees.--The Secretary of Homeland Security shall 
     require, as a condition of approving the petition, the 
     payment of a fee to recover the reasonable cost of processing 
     the petition.
       ``(h) Enforcement.--
       ``(1) Investigations and audits.--The Secretary of 
     Agriculture shall be responsible for conducting 
     investigations and audits, including random audits, of 
     employers to ensure compliance with the requirements of the 
     H-2C program. All monetary fines levied against employers 
     shall be paid to the Department of Agriculture and used to 
     enhance the Department of Agriculture's investigative and 
     auditing abilities to ensure compliance by employers with 
     their obligations under this section.
       ``(2) Violations.--If the Secretary of Agriculture finds, 
     after notice and opportunity for a hearing, a failure to 
     fulfill an attestation required by this subsection, or a 
     material misrepresentation of a material fact in a petition 
     under this subsection, the Secretary--
       ``(A) may impose such administrative remedies (including 
     civil money penalties in an amount not to exceed $1,000 per 
     violation) as the Secretary determines to be appropriate; and
       ``(B) may disqualify the employer from the employment of H-
     2C workers for a period of 1 year.
       ``(3) Willful violations.--If the Secretary of Agriculture 
     finds, after notice and opportunity for a hearing, a willful 
     failure to fulfill an attestation required by this 
     subsection, or a willful misrepresentation of a material fact 
     in a petition under this subsection, the Secretary--
       ``(A) may impose such administrative remedies (including 
     civil money penalties in an amount not to exceed $5,000 per 
     violation, or not to exceed $15,000 per violation if in the 
     course of such failure or misrepresentation the employer 
     displaced one or more United States workers employed by the 
     employer during the period of employment of H-2C workers or 
     during the 30-day period immediately preceding such period of 
     employment) in the job the H-2C workers are performing as the 
     Secretary determines to be appropriate;
       ``(B) may disqualify the employer from the employment of H-
     2C workers for a period of 2 years;
       ``(C) may, for a subsequent failure to fulfill an 
     attestation required by this subsection, or a 
     misrepresentation of a material fact in a petition under this 
     subsection, disqualify the employer from the employment of H-
     2C workers for a period of 5 years; and
       ``(D) may, for a subsequent willful failure to fulfill an 
     attestation required by this subsection, or a willful 
     misrepresentation of a material fact in a petition under this 
     subsection, permanently disqualify the employer from the 
     employment of H-2C workers.
       ``(i) Failure To Pay Wages or Required Benefits.--
       ``(1) In general.--If the Secretary of Agriculture finds, 
     after notice and opportunity for a hearing, that the employer 
     has failed to provide the benefits, wages, and working 
     conditions that the employer has attested that it would 
     provide under this subsection, the Secretary shall require 
     payment of back wages, or such other required benefits, due 
     any United States workers or H-2C workers employed by the 
     employer.
       ``(2) Amount.--The back wages or other required benefits 
     described in paragraph (1)--
       ``(A) shall be equal to the difference between the amount 
     that should have been paid and the amount that was paid to 
     such workers; and
       ``(B) shall be distributed to the workers to whom such 
     wages or benefits are due.
       ``(j) Minimum Wages, Benefits, and Working Conditions.--
       ``(1) Preferential treatment of h-2c workers prohibited.--
       ``(A) In general.--Each employer seeking to hire United 
     States workers for the job the H-2C workers will perform 
     shall offer such United States workers not less than the same 
     benefits, wages, and working conditions that the employer 
     will provide to the H-2C workers, except that if an employer 
     chooses to provide H-2C workers with housing or a housing 
     allowance, the employer need not offer housing or a housing 
     allowance to such United States workers. No job offer may 
     impose on United States workers any restrictions or 
     obligations which will not be imposed on H-2C workers.
       ``(B) Interpretation.--Every interpretation and 
     determination made under this section or under any other law, 
     regulation, or interpretative provision regarding the nature, 
     scope, and timing of the provision of these and any other 
     benefits, wages, and other terms and conditions of employment 
     shall be made so that--
       ``(i) the services of workers to their employers and the 
     employment opportunities

[[Page H5385]]

     afforded to workers by the employers, including those 
     employment opportunities that require United States workers 
     or H-2C workers to travel or relocate in order to accept or 
     perform employment--

       ``(I) mutually benefit such workers, as well as their 
     families, and employers; and
       ``(II) principally benefit neither employer nor employee; 
     and

       ``(ii) employment opportunities within the United States 
     benefit the United States economy.
       ``(2) Required wages.--
       ``(A) In general.--Each employer petitioning for H-2C 
     workers under this subsection (other than in the case of 
     workers who will perform agricultural labor or services 
     consisting of meat or poultry processing) will offer the H-2C 
     workers, during the period of authorized employment as H-2C 
     workers, wages that are at least the greatest of--
       ``(i) the applicable State or local minimum wage;
       ``(ii) 115 percent of the Federal minimum wage; or
       ``(iii) the actual wage level paid by the employer to all 
     other individuals in the job.
       ``(B) Special rules.--
       ``(i) Alternate wage payment systems.--An employer can 
     utilize a piece rate or other alternative wage payment system 
     so long as the employer guarantees each worker a wage rate 
     that equals or exceeds the amount required under subparagraph 
     (A) for the total hours worked in each pay period. 
     Compensation from a piece rate or other alternative wage 
     payment system shall include time spent during rest breaks, 
     moving from job to job, clean up, or any other nonproductive 
     time, provided that such time does not exceed 20 percent of 
     the total hours in the work day.
       ``(ii) Meat or poultry processing.--Each employer 
     petitioning for H-2C workers under this subsection who will 
     perform agricultural labor or services consisting of meat or 
     poultry processing will offer the H-2C workers, during the 
     period of authorized employment as H-2C workers, wages that 
     are at least the greatest of--

       ``(I) the applicable State or local minimum wage;
       ``(II) 150 percent of the Federal minimum wage;
       ``(III) the prevailing wage level for the occupational 
     classification in the area of employment; or
       ``(IV) the actual wage level paid by the employer to all 
     other individuals in the job.

       ``(3) Employment guarantee.--
       ``(A) In general.--
       ``(i) Requirement.--Each employer petitioning for workers 
     under this subsection shall guarantee to offer the H-2C 
     workers and United States workers performing the same job 
     employment for the hourly equivalent of not less than 50 
     percent of the work hours set forth in the work contract.
       ``(ii) Failure to meet guarantee.--If an employer affords 
     the United States workers or the H-2C workers less employment 
     than that required under this subparagraph, the employer 
     shall pay such workers the amount which the workers would 
     have earned if the workers had worked for the guaranteed 
     number of hours.
       ``(B) Calculation of hours.--Any hours which workers fail 
     to work, up to a maximum of the number of hours specified in 
     the work contract for a work day, when the workers have been 
     offered an opportunity to do so, and all hours of work 
     actually performed (including voluntary work in excess of the 
     number of hours specified in the work contract in a work day) 
     may be counted by the employer in calculating whether the 
     period of guaranteed employment has been met.
       ``(C) Limitation.--If the workers abandon employment before 
     the end of the work contract period, or are terminated for 
     cause, the workers are not entitled to the 50 percent 
     guarantee described in subparagraph (A).
       ``(D) Termination of employment.--
       ``(i) In general.--If, before the expiration of the period 
     of employment specified in the work contract, the services of 
     the workers are no longer required due to any form of natural 
     disaster, including flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease, pest infestation, 
     regulatory action, or any other reason beyond the control of 
     the employer before the employment guarantee in subparagraph 
     (A) is fulfilled, the employer may terminate the workers' 
     employment.
       ``(ii) Requirements.--If a worker's employment is 
     terminated under clause (i), the employer shall--

       ``(I) fulfill the employment guarantee in subparagraph (A) 
     for the work days that have elapsed during the period 
     beginning on the first work day and ending on the date on 
     which such employment is terminated;
       ``(II) make efforts to transfer the worker to other 
     comparable employment acceptable to the worker; and
       ``(III) not later than 72 hours after termination, notify 
     the Secretary of Agriculture of such termination and stating 
     the nature of the contract impossibility.

       ``(k) Nondelegation.--The Department of Agriculture and the 
     Department of Homeland Security shall not delegate their 
     investigatory, enforcement, or administrative functions 
     relating to this section or section 218B to other agencies or 
     departments of the Federal Government.
       ``(l) Compliance With Bio-Security Protocols.--Except in 
     the case of an imminent threat to health or safety, any 
     personnel from a Federal agency or Federal grantee seeking to 
     determine the compliance of an employer with the requirements 
     of this section or section 218B shall, when visiting such 
     employer's place of employment, make their presence known to 
     the employer and sign-in in accordance with reasonable bio-
     security protocols before proceeding to any other area of the 
     place of employment.
       ``(m) Limitation on H-2C Workers' Stay in Status.--
       ``(1) Maximum period.--The maximum continuous period of 
     authorized status as an H-2C worker (including any 
     extensions) is 24 months for workers employed in a job that 
     is of a temporary or seasonal nature. For H-2C workers 
     employed in a job that is not of a temporary or seasonal 
     nature, the initial maximum continuous period of authorized 
     status is 36 months and subsequent maximum continuous periods 
     of authorized status are 24 months.
       ``(2) Requirement to remain outside the united states.--In 
     the case of H-2C workers who were employed in a job of a 
     temporary or seasonal nature whose maximum continuous period 
     of authorized status as H-2C workers (including any 
     extensions) have expired, the aliens may not again be 
     eligible to be H-2C workers until they remain outside the 
     United States for a continuous period equal to at least the 
     lesser of \1/12\ of the duration of their previous period of 
     authorized status an H-2C workers or 45 days. For H-2C 
     workers who were employed in a job not of a temporary or 
     seasonal nature whose maximum continuous period of authorized 
     status as H-2C workers (including any extensions) have 
     expired, the aliens may not again be eligible to be H-2C 
     workers until they remain outside the United States for a 
     continuous period equal to at least the lesser of \1/12\ of 
     the duration of their previous period of authorized status as 
     H-2C workers or 45 days.
       ``(3) Exceptions.--
       ``(A) The Secretary of Homeland Security shall deduct 
     absences from the United States that take place during an H-
     2C worker's period of authorized status from the period that 
     the alien is required to remain outside the United States 
     under paragraph (2), if the alien or the alien's employer 
     requests such a deduction, and provides clear and convincing 
     proof that the alien qualifies for such a deduction. Such 
     proof shall consist of evidence such as arrival and departure 
     records, copies of tax returns, and records of employment 
     abroad.
       ``(B) There is no maximum continuous period of authorized 
     status as set forth in paragraph (1) or a requirement to 
     remain outside the United States as set forth in paragraph 
     (2) for H-2C workers employed as a sheepherder, goatherder, 
     in the range production of livestock, or who return to the 
     workers' permanent residence outside the United States each 
     day.
       ``(n) Period of Admission.--
       ``(1) In general.--In addition to the maximum continuous 
     period of authorized status, workers' authorized period of 
     admission shall include--
       ``(A) a period of not more than 7 days prior to the 
     beginning of authorized employment as H-2C workers for the 
     purpose of travel to the place of employment; and
       ``(B) a period of not more than 14 days after the 
     conclusion of their authorized employment for the purpose of 
     departure from the United States or a period of not more than 
     30 days following the employment for the purpose of seeking a 
     subsequent offer of employment by an employer pursuant to a 
     petition under this section (or pursuant to at-will 
     employment under section 218B during such times as that 
     section is in effect) if they have not reached their maximum 
     continuous period of authorized employment under subsection 
     (m) (subject to the exceptions in subsection (m)(3)) unless 
     they accept subsequent offers of employment as H-2C workers 
     or are otherwise lawfully present.
       ``(2) Failure to depart.--H-2C workers who do not depart 
     the United States within the periods referred to in paragraph 
     (1) or, as applicable, paragraph (3), will be considered to 
     have failed to maintain nonimmigrant status as H-2C workers 
     and shall be subject to removal under section 
     237(a)(1)(C)(i). Such aliens shall be considered to be 
     inadmissible pursuant to section 212(a)(9)(B)(i) for having 
     been unlawfully present, with the aliens considered to have 
     been unlawfully present for 181 days as of the 15th day 
     following their period of employment for the purpose of 
     departure or as of the 31st day following their period of 
     employment for the purpose of seeking subsequent offers of 
     employment.
       ``(3) Application for maximum period.--Notwithstanding the 
     duration of the work requested by the employer petitioning 
     for the admission of an H-2C worker, if the alien is granted 
     a visa, at the request of the alien, the term of the visa 
     shall be for the maximum period described in subsection 
     (m)(1), except that if such an alien is unable to secure 
     subsequent employment 30 days after the conclusion of their 
     authorized employment, the alien shall be required to depart 
     the United States as described in paragraph (1)(B).
       ``(o) Abandonment of Employment.--
       ``(1) Report by employer.--Not later than 72 hours after an 
     employer learns of the abandonment of employment by H-2C 
     workers before the conclusion of their work contracts, the 
     employer shall notify the Secretary of Agriculture and the 
     Secretary of Homeland Security of such abandonment.

[[Page H5386]]

       ``(2) Replacement of aliens.--An employer may designate 
     eligible aliens to replace H-2C workers who abandon 
     employment notwithstanding the numerical limitation found in 
     section 214(g)(1)(C).
       ``(p) Change to H-2C Status.--
       ``(1) Waiver.--In the case of an alien described in 
     paragraph (2), the Secretary of Homeland Security shall waive 
     the grounds of inadmissibility under paragraphs (5)(A), 
     (6)(A), (6)(C), (7), (9)(B), and (9)(C) of section 212(a), 
     and the grounds of deportability under paragraphs (1)(A) 
     (with respect to the grounds of inadmissibility waived under 
     this paragraph), (1)(B), (1)(C), (3)(A), and (3)(C) of 
     section 237(a), with respect to conduct that occurred prior 
     to the alien first receiving status as an H-2C worker, solely 
     in order to provide the alien with such status.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who--
       ``(A) was unlawfully present in the United States on 
     October 23, 2017; and
       ``(B) performed agricultural labor or services in the 
     United States for at least 5.75 hours during each of at least 
     180 days during the 2-year period ending on October 23, 2017.
       ``(3) Special approval procedures.--Before an alien 
     described in paragraph (2) can be provided with nonimmigrant 
     status under section 101(a)(15)(H)(ii)(C), the alien must 
     depart the United States for a period during the interval 
     between the date of issuance of final rules carrying out the 
     AG Act and the date that is 12 months after such issuance. If 
     such an alien is the beneficiary of an approved H-2C 
     petition, for the purpose of meeting such requirement to 
     depart the United States before being provided with 
     nonimmigrant status under section 101(a)(15)(H)(ii)(C), the 
     Secretary shall authorize parole for the alien to travel to 
     the United States without a visa and shall issue an 
     appropriate document authorizing such travel. Prior to 
     authorizing parole for the alien, the Secretary shall conduct 
     an in person interview, as appropriate, and a background 
     check to determine that the alien is not inadmissible to the 
     United States under section 212(a) or deportable under 
     section 237(a), except with regard to the grounds of 
     inadmissibility and grounds of deportability waived under 
     paragraph (1).
       ``(q) Trust Fund To Assure Worker Return.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a trust fund (in this section referred 
     to as the `Trust Fund') for the purpose of providing a 
     monetary incentive for H-2C workers to return to their 
     country of origin upon expiration of their visas.
       ``(2) Withholding of wages; payment into the trust fund.--
       ``(A) In general.--Notwithstanding the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 201 et seq.) and State and local wage 
     laws, all employers of H-2C workers shall withhold from the 
     wages of all H-2C workers other than those employed as 
     sheepherders, goatherders, in the range production of 
     livestock, or who return to the their permanent residence 
     outside the United States each day, an amount equivalent to 
     10 percent of the gross wages of each worker in each pay 
     period and, on behalf of each worker, transfer such withheld 
     amount to the Trust Fund.
       ``(B) Jobs that are not of a temporary or seasonal 
     nature.--Employers of H-2C workers employed in jobs that are 
     not of a temporary or seasonal nature, other than those 
     employed as a sheepherder, goatherder, or in the range 
     production of livestock, shall also pay into the Trust Fund 
     an amount equivalent to the Federal tax on the wages paid to 
     H-2C workers that the employer would be obligated to pay 
     under chapters 21 and 23 of the Internal Revenue Code of 1986 
     had the H-2C workers been subject to such chapters.
       ``(3) Distribution of funds.--Amounts paid into the Trust 
     Fund on behalf of an H-2C worker, and held pursuant to 
     paragraph (2)(A) and interest earned thereon, shall be 
     transferred from the Trust Fund to the Secretary of Homeland 
     Security, who shall distribute them to the worker if the 
     worker--
       ``(A) applies to the Secretary of Homeland Security (or the 
     designee of the Secretary) for payment within 120 days of the 
     expiration of the alien's last authorized stay in the United 
     States as an H-2C worker, for which they seek amounts from 
     the Trust Fund;
       ``(B) establishes to the satisfaction of the Secretary of 
     Homeland Security that they have complied with the terms and 
     conditions of the H-2C program;
       ``(C) once approved by the Secretary of Homeland Security 
     for payment, physically appears at a United States embassy or 
     consulate in the worker's home country; and
       ``(D) establishes their identity to the satisfaction of the 
     Secretary of Homeland Security.
       ``(4) Administrative expenses.--The amounts paid into the 
     Trust Fund and held pursuant to paragraph (2)(B), and 
     interest earned thereon, shall be distributed annually to the 
     Secretary of Agriculture and the Secretary of Homeland 
     Security in amounts proportionate to the expenses incurred by 
     such officials in the administration and enforcement of the 
     terms of the H-2C program.
       ``(5) Law enforcement.--Notwithstanding any other provision 
     of law, amounts paid into the Trust Fund under paragraph (2), 
     and interest earned thereon, that are not needed to carry out 
     paragraphs (3) and (4) shall, to the extent provided in 
     advance in appropriations Acts, be made available until 
     expended without fiscal year limitation to the Secretary of 
     Homeland Security to apprehend, detain, and remove aliens 
     inadmissible to or deportable from the United States.
       ``(6) Investment of trust fund.--
       ``(A) In general.--It shall be the duty of the Secretary of 
     the Treasury to invest such portion of the Trust Fund as is 
     not, in the Secretary's judgment, required to meet current 
     withdrawals. Such investments may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States.
       ``(B) Credits to trust fund.--The interest on, and the 
     proceeds from the sale or redemption of, any obligations held 
     in the Trust Fund shall be credited to and form a part of the 
     Trust Fund.
       ``(C) Report to congress.--It shall be the duty of the 
     Secretary of the Treasury to hold the Trust Fund, and (after 
     consultation with the Secretary of Homeland Security) to 
     report to the Congress each year on the financial condition 
     and the results of the operations of the Trust Fund during 
     the preceding fiscal year and on its expected condition and 
     operations during the next fiscal year. Such report shall be 
     printed as both a House and a Senate document of the session 
     of the Congress in which the report is made.
       ``(r) Procedures for Special Procedures Industries.--
       ``(1) Work locations.--The Secretary of Homeland Security 
     shall permit an employer in a special procedures industry or 
     that engages in a forestry-related activity that does not 
     operate at a single fixed place of employment to provide, as 
     part of its petition, a list of places of employment, which--
       ``(A) may include an itinerary; and
       ``(B) may be subsequently amended at any time by the 
     employer, after notice to the Secretary.
       ``(2) Wages.--Notwithstanding subsection (j)(2), the 
     Secretary of Agriculture may establish monthly, weekly, or 
     biweekly wage rates for occupations in a Special Procedures 
     Industry for a State or other geographic area. For an 
     employer in a Special Procedures Industry that typically pays 
     a monthly wage, the Secretary shall require that H-2C workers 
     be paid not less frequently than monthly and at a rate no 
     less than the legally required monthly cash wage in an amount 
     as re-determined annually by the Secretary.
       ``(3) Allergy limitation.--An employer engaged in the 
     commercial beekeeping or pollination services industry may 
     require that job applicants be free from bee-related 
     allergies, including allergies to pollen and bee venom.
       ``(s) Flexibility With Respect to Start Dates.--Upon 
     approval of a petition with regard to jobs that are of a 
     temporary or seasonal nature, the employer may begin the 
     employment of petitioned-for H-2C workers up to ten months 
     after the first date the employer requires the labor or 
     services of H-2C workers.
       ``(t) Adjustment of Status.--In applying section 245 to an 
     alien who is an H-2C worker who was the beneficiary of a 
     waiver under subsection (p)(1)--
       ``(1) such alien shall be deemed to have been inspected and 
     admitted into the United States; and
       ``(2) in determining the alien's admissibility as an 
     immigrant, paragraphs (5)(A), (6)(A), (6)(C), (7), (9)(B), 
     and (9)(C)(i)(I) of section 212(a) shall not apply with 
     respect to conduct that occurred prior to the alien first 
     receiving status as an H-2C worker.''.
       (b) At-Will Employment.--Chapter 2 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is 
     amended by inserting after section 218A (as inserted by 
     subsection (a) of this section) the following:

     ``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.

       ``(a) In General.--An employer that is designated as a 
     `registered agricultural employer' pursuant to subsection (c) 
     may employ aliens as H-2C workers. However, an H-2C worker 
     may only perform labor or services pursuant to this section 
     if the worker is already lawfully present in the United 
     States as an H-2C worker, having been admitted or otherwise 
     provided nonimmigrant status pursuant to section 218A, and 
     has completed the period of employment specified in the job 
     offer the worker accepted pursuant to section 218A or the 
     employer has terminated the worker's employment pursuant to 
     section 218A(j)(3)(D)(i). An H-2C worker who abandons the 
     employment which was the basis for admission or status 
     pursuant to section 218A may not perform labor or services 
     pursuant to this section until the worker has returned to 
     their home country, been readmitted as an H-2C worker 
     pursuant to section 218A and has completed the period of 
     employment specified in the job offer the worker accepted 
     pursuant to section 218A or the employer has terminated the 
     worker's employment pursuant to section 218A(j)(3)(D)(i).
       ``(b) Period of Stay.--H-2C workers performing at-will 
     labor or services for a registered agricultural employer are 
     subject to the period of admission, limitation of stay in 
     status, and requirement to remain outside the United States 
     contained in subsections (m) and (n) of section 218A, except 
     that subsection (m)(3)(A) does not apply.
       ``(c) Registered Agricultural Employers.--The Secretary of 
     Agriculture shall establish a process to accept and 
     adjudicate applications by employers to be designated as 
     registered agricultural employers. The Secretary shall 
     require, as a condition of approving the application, the 
     payment of a fee to recover the reasonable cost of processing

[[Page H5387]]

     the application. The Secretary shall designate an employer as 
     a registered agricultural employer if the Secretary 
     determines that the employer--
       ``(1) employs (or plans to employ) individuals who perform 
     agricultural labor or services;
       ``(2) has not been subject to debarment from receiving 
     temporary agricultural labor certifications pursuant to 
     section 101(a)(15)(H)(ii)(a) within the last three years;
       ``(3) has not been subject to disqualification from the 
     employment of H-2C workers within the last five years;
       ``(4) agrees to, if employing H-2C workers pursuant to this 
     section, fulfill the attestations contained in section 
     218A(b) as if it had submitted a petition making those 
     attestations (excluding subsection (j)(3) of such section) 
     and not to employ H-2C workers who have reached their maximum 
     continuous period of authorized status under section 218A(m) 
     (subject to the exceptions contained in section 218A(m)(3)) 
     or if the workers have complied with the terms of section 
     218A(m)(2); and
       ``(5) agrees to notify the Secretary of Agriculture and the 
     Secretary of Homeland Security each time it employs H-2C 
     workers pursuant to this section within 72 hours of the 
     commencement of employment and within 72 hours of the 
     cessation of employment.
       ``(d) Length of Designation.--An employer's designation as 
     a registered agricultural employer shall be valid for 3 
     years, and the Secretary may extend such designation for 
     additional 3-year terms upon the reapplication of the 
     employer. The Secretary shall revoke a designation before the 
     expiration of its 3-year term if the employer is subject to 
     disqualification from the employment of H-2C workers 
     subsequent to being designated as a registered agricultural 
     employer.
       ``(e) Enforcement.--The Secretary of Agriculture shall be 
     responsible for conducting investigations and audits, 
     including random audits, of employers to ensure compliance 
     with the requirements of this section. All monetary fines 
     levied against employers shall be paid to the Department of 
     Agriculture and used to enhance the Department of 
     Agriculture's investigatory and audit abilities to ensure 
     compliance by employers with their obligations under this 
     section and section 218A. The Secretary of Agriculture's 
     enforcement powers and an employer's liability described in 
     subsections (h) through (i) of section 218A are applicable to 
     employers employing H-2C workers pursuant to this section.''.
       (c) Prohibition on Family Members.--Section 101(a)(15)(H) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)) is amended by striking ``him;'' at the end 
     and inserting ``him, except that no spouse or child may be 
     admitted under clause (ii)(c);''.
       (d) Numerical Cap.--Section 214(g)(1) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) under section 101(a)(15)(H)(ii)(c)--
       ``(i) may not exceed 40,000 for aliens issued visas or 
     otherwise provided nonimmigrant status under such section for 
     the purpose of performing agricultural labor or services 
     consisting or meat or poultry processing;
       ``(ii) except as otherwise provided under this 
     subparagraph, may not exceed 410,000 for aliens issued visas 
     or otherwise provided nonimmigrant status under such section 
     for the purpose of performing agricultural labor or services 
     other than agricultural labor or services consisting of meat 
     or poultry processing;
       ``(iii) if the base allocation under clause (ii) is 
     exhausted during any fiscal year, the base allocation for 
     that and subsequent fiscal years shall be increased by the 
     lesser of 10 percent or a percentage representing the number 
     of petitioned-for aliens (as a percentage of the base 
     allocation) who would be eligible to be issued visas or 
     otherwise provided nonimmigrant status described in that 
     clause during that fiscal year but for the base allocation 
     being exhausted, and if the increased base allocation is 
     itself exhausted during a subsequent fiscal year, the base 
     allocation for that and subsequent fiscal years shall be 
     further increased by the lesser of 10 percent or a percentage 
     representing the number of petitioned-for aliens (as a 
     percentage of the increased base allocation) who would be 
     eligible to be issued visas or otherwise provided 
     nonimmigrant status described in that clause during that 
     fiscal year but for the increased base allocation being 
     exhausted (subject to clause (iv));
       ``(iv) if the base allocation under clause (ii) is not 
     exhausted during any fiscal year, the base allocation under 
     such clause for subsequent fiscal years shall be decreased by 
     the greater of 5 percent or a percentage representing the 
     unutilized portion of the base allocation (as a percentage of 
     the base allocation) during that fiscal year, and if in a 
     subsequent fiscal year the decreased base allocation is 
     itself not exhausted, the base allocation for fiscal years 
     subsequent to that fiscal year shall be further decreased by 
     the greater of 5 percent or a percentage representing the 
     unutilized portion of the decreased base allocation (as a 
     percentage of the decreased base allocation) during that 
     fiscal year (subject to clause (iii) and except that the base 
     allocation shall not fall below 410,000); and
       ``(v) for purposes of clause (ii), the numerical 
     limitations shall not apply to any alien--
       ``(I) who--

       ``(aa) was physically present in the United States on 
     October 23, 2017; and
       ``(bb) performed agricultural labor or services in the 
     United States for at least 5.75 hours during each of at least 
     180 days during the 2-year period ending on October 23, 2017; 
     or

       ``(II) who has previously been issued a visa or otherwise 
     provided nonimmigrant status pursuant to subclause (a) or (b) 
     of section 101(a)(15)(H)(ii), but only to the extent that the 
     alien is being petitioned for by an employer pursuant to 
     section 218A(b) who previously employed the alien pursuant to 
     subclause (a) or (b) of section 101(a)(15)(H)(ii) beginning 
     no later than October 23, 2017.''.
       (e) Intent.--Section 214(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
     ``section 101(a)(15)(H)(i) except subclause (b1) of such 
     section'' and inserting ``clause (i), except subclause (b1), 
     or (ii)(c) of section 101(a)(15)(H)''.
       (f) 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 218 
     the following:

``Sec. 218B. At-will employment of temporary H-2C workers.''.

     SEC. 2104. MEDIATION.

       Nonimmigrants having status under section 
     101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring civil actions 
     for damages against their employers, nor may any other 
     attorneys or individuals bring civil actions for damages on 
     behalf of such nonimmigrants against the nonimmigrants' 
     employers, unless at least 90 days prior to bringing an 
     action a request has been made to the Federal Mediation and 
     Conciliation Service to assist the parties in reaching a 
     satisfactory resolution of all issues involving all parties 
     to the dispute and mediation has been attempted.

     SEC. 2105. MIGRANT AND SEASONAL AGRICULTURAL WORKER 
                   PROTECTION.

       Section 3(8)(B)(ii) of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1802(8)(B)(ii)) 
     is amended by striking ``under sections 101(a)(15)(H)(ii)(a) 
     and 214(c) of the Immigration and Nationality Act.'' and 
     inserting ``under subclauses (a) and (c) of section 
     101(a)(15)(H)(ii), and section 214(c), of the Immigration and 
     Nationality Act.''.

     SEC. 2106. BINDING ARBITRATION.

       (a) Applicability.--H-2C workers may, as a condition of 
     employment with an employer, be subject to mandatory binding 
     arbitration and mediation of any grievance relating to the 
     employment relationship. An employer shall provide any such 
     workers with notice of such condition of employment at the 
     time it makes job offers.
       (b) Allocation of Costs.--Any cost associated with such 
     arbitration and mediation process shall be equally divided 
     between the employer and the H-2C workers, except that each 
     party shall be responsible for the cost of its own counsel, 
     if any.
       (c) Definitions.--As used in this section:
       (1) The term ``condition of employment'' means a term, 
     condition, obligation, or requirement that is part of the job 
     offer, such as the term of employment, job responsibilities, 
     employee conduct standards, and the grievance resolution 
     process, and to which applicants or prospective H-2C workers 
     must consent or accept in order to be hired for the position.
       (2) The term ``H-2C worker'' means a nonimmigrant described 
     in section 218A(a)(5) of the Immigration and Nationality Act, 
     as added by this title.

     SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND 
                   REFUNDABLE TAX CREDITS; REQUIRED HEALTH 
                   INSURANCE COVERAGE.

       (a) Health Care Subsidies.--H-2C workers (as defined in 
     section 218A(a)(5) of the Immigration and Nationality Act, as 
     added by this title)--
       (1) are 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
       (2) 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.--H-2C workers (as defined in 
     section 218A(a)(5) of the Immigration and Nationality Act, as 
     added by this title), shall not be allowed any credit under 
     sections 24 and 32 of the Internal Revenue Code of 1986. In 
     the case of a joint return, no credit shall be allowed under 
     either such section if both spouses are such workers or 
     aliens.
       (c) Requirement Regarding Health Insurance Coverage.--
     Notwithstanding the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.) and State and local wage laws, not later 
     than 21 days after being issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(c)), an alien must obtain health insurance 
     coverage accepted in their State or States of employment and 
     residence for the period of employment specified in section 
     218A(b)(1) of the Immigration and Nationality Act. H-2C 
     workers under sections 218A or 218B of the Immigration and 
     Nationality Act who do not obtain and maintain the required 
     insurance coverage will be

[[Page H5388]]

     considered to have failed to maintain nonimmigrant status 
     under section 101(a)(15)(H)(ii)(c) of the Immigration and 
     Nationality Act and shall be subject to removal under section 
     237(a)(1)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1227(a)(1)(C)(i)).

     SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICULTURAL WORKER 
                   EMPLOYMENT POOL.

       (a) Study.--The Secretary of Agriculture shall conduct a 
     study on the feasibility of establishing an agricultural 
     worker employment pool and an electronic Internet-based 
     portal to assist H-2C workers (as such term is defined in 
     section 218A of the Immigration and Nationality Act), 
     prospective H-2C workers, and employers to identify job 
     opportunities in the H-2C program and willing, able and 
     available workers for the program, respectively.
       (b) Contents.--The study required under subsection (a) 
     shall include an analysis of--
       (1) the cost of creating such a pool and portal;
       (2) potential funding sources or mechanisms to support the 
     creation and maintenance of the pool and portal;
       (3) with respect to H-2C workers and prospective H-2C 
     workers in the pool, the data that would be relevant for 
     employers;
       (4) the merits of assisting H-2C workers and employers in 
     identifying job opportunities and willing, able, and 
     available workers, respectively; and
       (5) other beneficial uses for such a pool and portal.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to the Committees on the Judiciary of the House of 
     Representatives and the Senate a report containing the 
     results of the study required under subsection (a).

     SEC. 2109. PREVAILING WAGE.

       Section 212(p) of the Immigration and Nationality Act (8 
     U.S.C. 1182(p)) is amended--
       (1) in paragraph (1), by inserting after ``subsections 
     (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the 
     following: ``of this section and section 218A(j)(2)(B)(ii)''; 
     and
       (2) in paragraph (3), by inserting after ``subsections 
     (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the 
     following: ``of this section and section 218A(j)(2)(B)(ii)''.

     SEC. 2110. PORTABILITY OF H-2C STATUS.

       Section 214(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1184(n)(1)) is amended by inserting after ``section 
     101(a)(15)(H)(i)(b)'' the following: ``or 
     101(a)(15)(H)(ii)(c)''.

     SEC. 2111. EFFECTIVE DATES; SUNSET; REGULATIONS.

       (a) Effective Dates; Regulations.--
       (1) In general.--Sections 2102 and 2104 through 2106 of 
     this title, subsections (a) and (c) through (f) of section 
     2103 of this title, and the amendments made by the sections, 
     shall take effect on the date on which the Secretary issues 
     the rules under paragraph (3), and the Secretary of Homeland 
     Security shall accept petitions pursuant to section 218A of 
     the Immigration and Nationality Act, as inserted by this Act, 
     beginning no later than that date. Sections 2107 and 2109 of 
     this title shall take effect on the date of the enactment of 
     this Act.
       (2) At-will employment.--Section 2103(b) of this title and 
     the amendments made by that subsection shall take effect 
     when--
       (A) it becomes unlawful for all persons or other entities 
     to hire, or to recruit or refer for a fee, for employment in 
     the United States an individual (as provided in section 
     274A(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(a)(1))) without using the verification system set forth 
     in section 274A(d) of such Act, as amended by section 1103 of 
     title I of division B of this Act, to seek verification of 
     the employment eligibility of an individual; and
       (B) such verification system, in providing confirmation of 
     an individual's employment eligibility, indicates whether an 
     individual is eligible to be employed in all occupations or 
     only to perform agricultural labor or services as a 
     nonimmigrant who has been issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(ii)(C) of the 
     Immigration and Nationality Act.
       (3) Regulations.--Notwithstanding any other provision of 
     law, not later than the first day of the seventh month that 
     begins after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall issue final rules, on an 
     interim or other basis, to carry out this title.
       (b) Operation and Sunset of the H-2A Program.--
       (1) Application of existing regulations.--The Department of 
     Labor H-2A program regulations published at 73 Federal 
     Register 77110 et seq. (2008) shall be in force for all 
     petitions approved under sections 101(a)(15)(H)(ii)(a) and 
     218 of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on the date 
     of the enactment of this Act, except that the following, as 
     in effect on such date, shall remain in effect, and, to the 
     extent that any rule published at 73 Federal Register 77110 
     et seq. is in conflict, such rule shall have no force and 
     effect:
       (A) Paragraph (a) and subparagraphs (1) and (3) of 
     paragraph (b) of section 655.200 of title 20, Code of Federal 
     Regulations.
       (B) Section 655.201 of title 20, Code of Federal 
     Regulations, except the paragraphs entitled ``Production of 
     Livestock'' and ``Range''.
       (C) Paragraphs (c), (d) and (e) of section 655.210 of title 
     20, Code of Federal Regulations.
       (D) Section 655.230 of title 20, Code of Federal 
     Regulations.
       (E) Section 655.235 of title 20, Code of Federal 
     Regulations.
       (F) The Special Procedures Labor Certification Process for 
     Employers in the Itinerant Animal Shearing Industry under the 
     H-2A Program in effect under the Training and Employment 
     Guidance Letter No. 17-06, Change 1, Attachment B, Section 
     II, with an effective date of October 1, 2011.
       (2) Sunset.--Beginning on the date on which employers can 
     file petitions pursuant to section 218A of the Immigration 
     and Nationality Act, as added by section 2103(a) of this 
     title, no new petitions under sections 101(a)(15)(H)(ii)(a) 
     and 218 of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted.

     SEC. 2112. REPORT ON COMPLIANCE AND VIOLATIONS.

       (a) In General.--Not later than 1 year after the first day 
     on which employers can file petitions pursuant to section 
     218A of the Immigration and Nationality Act, as added by 
     section 2103(a) of this title, the Secretary of Homeland 
     Security, in consultation with the Secretary of Agriculture, 
     shall submit to the Committees on the Judiciary of the House 
     of Representatives and the Senate a report on compliance by 
     H-2C workers with the requirements of this title and the 
     Immigration and Nationality Act, as amended by this title. In 
     the case of a violation of a term or condition of the 
     temporary agricultural work visa program established by this 
     title, the report shall identify the provision or provisions 
     of law violated.
       (b) Definition.--As used in this section, the term ``H-2C 
     worker'' means a nonimmigrant described in section 218A(a)(4) 
     of the Immigration and Nationality Act, as added by section 
     2103(a) of this title.

                        TITLE III--VISA SECURITY

     SEC. 3101. 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 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 a visa issued before, on, or after such 
     date.

     SEC. 3102. 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. 3103. 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

[[Page H5389]]

       (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. 3104. 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 once each quarter, 
     the Secretary of State shall submit to the Congress a report 
     on 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. 3105. 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. 3106. 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.--In the case 
     that 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 
     is provided, or is shown to have been previously provided, in 
     complete form and is provided on or before any reasonably 
     established deadline included in the request.''.
       (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. 3107. 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 to the Committee on the 
     Judiciary of the House of Representatives and the Committee 
     on the Judiciary of the Senate a plan 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 implementation 
     of the plan.
       (b) Benefits Fraud Assessment.--
       (1) In general.--The Secretary of Homeland Security, acting 
     through the Fraud Detection and Nationality Security 
     Directorate, shall complete a benefit fraud assessment by 
     fiscal year 2021 on each of the following:
       (A) Petitions by VAWA self-petitioners (as such term is 
     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, in the case of spouses (8 U.S.C. 
     1101(a)(15)(K)).
       (C) Applications for visas or status under section 
     101(a)(27)(J) of such Act (8 U.S.C. 1101(a)(27)(J)).
       (D) Applications for visas or status under section 
     101(a)(15)(U) of such Act (8 U.S.C. 1101(a)(15)(U)).
       (E) Petitions for visas or status under section 
     101(a)(27)(C) of such Act (8 U.S.C. 1101(a)(27)(C)).
       (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).
       (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 to the Committee on 
     the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate such assessment and 
     recommendations on how to reduce the occurrence of instances 
     of fraud identified by the assessment.

[[Page H5390]]

  


     SEC. 3108. 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. 3109. DNA TESTING.

       Section 222(b) of the Immigration and Nationality Act (8 
     U.S.C. 1202(b)) is amended by inserting ``Where considered 
     necessary, by the consular officer or immigration official, 
     to establish family relationships, the immigrant shall 
     provide DNA evidence of such a relationship in accordance 
     with procedures established for submitting such evidence. The 
     Secretary and the Secretary of State may, in consultation, 
     issue regulations to require DNA evidence to establish family 
     relationship, from applicants for certain visa 
     classifications.'' after ``and a certified copy of all other 
     records or documents concerning him or his case which may be 
     required by the consular officer.''.

     SEC. 3110. 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. 3111. 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. 3112. 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)''.

              DIVISION B--INTERIOR IMMIGRATION ENFORCEMENT

                      TITLE I--LEGAL WORKFORCE ACT

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Legal Workforce Act''.

     SEC. 1102. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended to read as 
     follows:
       ``(b) Employment Eligibility Verification Process.--
       ``(1) New hires, recruitment, and referral.--The 
     requirements referred to in paragraphs (1)(B) and (3) of 
     subsection (a) are, in the case of a person or other entity 
     hiring, recruiting, or referring an individual for employment 
     in the United States, the following:
       ``(A) Attestation after examination of documentation.--
       ``(i) Attestation.--During the verification period (as 
     defined in subparagraph (E)), the person or entity shall 
     attest, under penalty of perjury and on a form, including 
     electronic and telephonic formats, designated or established 
     by the Secretary by regulation not later than 6 months after 
     the date of the enactment of the Legal Workforce Act, that it 
     has verified that the individual is not an unauthorized alien 
     by--

       ``(I) obtaining from the individual the individual's social 
     security account number or United States passport number and 
     recording the number on the form (if the individual claims to 
     have been issued such a number), and, if the individual does 
     not attest to United States nationality under subparagraph 
     (B), obtaining such identification or authorization number 
     established by the Department of Homeland Security for the 
     alien as the Secretary of Homeland Security may specify, and 
     recording such number on the form; and
       ``(II) examining--

       ``(aa) a document relating to the individual presenting it 
     described in clause (ii); or
       ``(bb) a document relating to the individual presenting it 
     described in clause (iii) and a document relating to the 
     individual presenting it described in clause (iv).
       ``(ii) Documents evidencing employment authorization and 
     establishing identity.--A document described in this 
     subparagraph is an individual's--

       ``(I) unexpired United States passport or passport card;
       ``(II) unexpired permanent resident card that contains a 
     photograph;
       ``(III) unexpired employment authorization card that 
     contains a photograph;
       ``(IV) in the case of a nonimmigrant alien authorized to 
     work for a specific employer incident to status, a foreign 
     passport with Form I-94 or Form I-94A, or other documentation 
     as designated by the Secretary specifying the alien's 
     nonimmigrant status as long as the period of status has not 
     yet expired and the proposed employment is not in conflict 
     with any restrictions or limitations identified in the 
     documentation;
       ``(V) passport from the Federated States of Micronesia 
     (FSM) or the Republic of the Marshall Islands (RMI) with Form 
     I-94 or Form I-94A, or other documentation as designated by 
     the Secretary, indicating nonimmigrant admission under the 
     Compact of Free Association Between the United States and the 
     FSM or RMI; or
       ``(VI) other document designated by the Secretary of 
     Homeland Security, if the document--

       ``(aa) contains a photograph of the individual and 
     biometric identification data from the individual and such 
     other personal identifying information relating to the 
     individual as the Secretary of Homeland Security finds, by 
     regulation, sufficient for purposes of this clause;
       ``(bb) is evidence of authorization of employment in the 
     United States; and
       ``(cc) contains security features to make it resistant to 
     tampering, counterfeiting, and fraudulent use.
       ``(iii) Documents evidencing employment authorization.--A 
     document described in this subparagraph is an individual's 
     social security account number card (other than such a card 
     which specifies on the face that the issuance of the card 
     does not authorize employment in the United States).
       ``(iv) Documents establishing identity of individual.--A 
     document described in this subparagraph is--

       ``(I) an individual's unexpired driver's license or 
     identification card if it was issued by a State or American 
     Samoa and contains a photograph and information such as name, 
     date of birth, gender, height, eye color, and address;
       ``(II) an individual's unexpired U.S. military 
     identification card;
       ``(III) an individual's unexpired Native American tribal 
     identification document issued by a tribal entity recognized 
     by the Bureau of Indian Affairs; or
       ``(IV) in the case of an individual under 18 years of age, 
     a parent or legal guardian's attestation under penalty of law 
     as to the identity and age of the individual.

       ``(v) Authority to prohibit use of certain documents.--If 
     the Secretary of Homeland Security finds, by regulation, that 
     any document described in clause (i), (ii), or (iii) as 
     establishing employment authorization or identity does not 
     reliably establish such authorization or identity or is being 
     used fraudulently to an unacceptable degree, the Secretary 
     may prohibit or place conditions on its use for purposes of 
     this paragraph.
       ``(vi) Signature.--Such attestation may be manifested by 
     either a handwritten or electronic signature.
       ``(B) Individual attestation of employment authorization.--
     During the verification period (as defined in subparagraph 
     (E)), the individual shall attest, under penalty of perjury 
     on the form designated or established for purposes of 
     subparagraph (A), that the individual is a citizen or 
     national of the United States, an alien lawfully admitted for 
     permanent residence, or an alien who is authorized under this 
     Act or by the Secretary of Homeland Security to be hired, 
     recruited, or referred for such employment. Such attestation 
     may be manifested by either a handwritten or electronic 
     signature. The individual shall also provide that 
     individual's social security account number or United States 
     passport number (if the individual claims to have been issued 
     such a number), and, if the individual does not attest to 
     United States nationality under this subparagraph, such 
     identification or authorization number established by the 
     Department of Homeland Security for the alien as the 
     Secretary may specify.
       ``(C) Retention of verification form and verification.--
       ``(i) In general.--After completion of such form in 
     accordance with subparagraphs (A) and (B), the person or 
     entity shall--

       ``(I) retain a paper, microfiche, microfilm, or electronic 
     version of the form and make it available for inspection by 
     officers of the Department of Homeland Security, the 
     Department of Justice, or the Department of Labor during a 
     period beginning on the date of the recruiting or referral of 
     the individual, or, in the case of the hiring of an 
     individual, the date on which the verification is completed, 
     and ending--

       ``(aa) in the case of the recruiting or referral of an 
     individual, 3 years after the date of the recruiting or 
     referral; and
       ``(bb) in the case of the hiring of an individual, the 
     later of 3 years after the date the verification is completed 
     or one year after the date the individual's employment is 
     terminated; and

       ``(II) during the verification period (as defined in 
     subparagraph (E)), make an inquiry, as provided in subsection 
     (d), using the verification system to seek verification of 
     the identity and employment eligibility of an individual.

       ``(ii) Confirmation.--

       ``(I) Confirmation received.--If the person or other entity 
     receives an appropriate confirmation of an individual's 
     identity and work eligibility under the verification system 
     within the time period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the

[[Page H5391]]

     system and that indicates a final confirmation of such 
     identity and work eligibility of the individual.
       ``(II) Tentative nonconfirmation received.--If the person 
     or other entity receives a tentative nonconfirmation of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so inform the individual for whom the 
     verification is sought. If the individual does not contest 
     the nonconfirmation within the time period specified, the 
     nonconfirmation shall be considered final. The person or 
     entity shall then record on the form an appropriate code 
     which has been provided under the system to indicate a final 
     nonconfirmation. If the individual does contest the 
     nonconfirmation, the individual shall utilize the process for 
     secondary verification provided under subsection (d). The 
     nonconfirmation will remain tentative until a final 
     confirmation or nonconfirmation is provided by the 
     verification system within the time period specified. In no 
     case shall an employer terminate employment of an individual 
     because of a failure of the individual to have identity and 
     work eligibility confirmed under this section until a 
     nonconfirmation becomes final. Nothing in this clause shall 
     apply to a termination of employment for any reason other 
     than because of such a failure. In no case shall an employer 
     rescind the offer of employment to an individual because of a 
     failure of the individual to have identity and work 
     eligibility confirmed under this subsection until a 
     nonconfirmation becomes final. Nothing in this subclause 
     shall apply to a rescission of the offer of employment for 
     any reason other than because of such a failure.
       ``(III) Final confirmation or nonconfirmation received.--If 
     a final confirmation or nonconfirmation is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a confirmation 
     or nonconfirmation of identity and work eligibility of the 
     individual.
       ``(IV) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(V) Consequences of nonconfirmation.--

       ``(aa) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonconfirmation regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(bb) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under item (aa), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

       ``(VI) Continued employment after final nonconfirmation.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonconfirmation, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).

       ``(D) Effective dates of new procedures.--
       ``(i) Hiring.--Except as provided in clause (iii), the 
     provisions of this paragraph shall apply to a person or other 
     entity hiring an individual for employment in the United 
     States as follows:

       ``(I) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of the Legal Workforce Act, on the date that is 6 months 
     after the date of the enactment of such Act.
       ``(II) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of the Legal Workforce Act, on the date that is 12 months 
     after the date of the enactment of such Act.
       ``(III) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of the 
     Legal Workforce Act, on the date that is 18 months after the 
     date of the enactment of such Act.
       ``(IV) With respect to employers having 1 or more employees 
     in the United States, but less than 20 employees in the 
     United States, on the date of the enactment of the Legal 
     Workforce Act, on the date that is 24 months after the date 
     of the enactment of such Act.

       ``(ii) Recruiting and referring.--Except as provided in 
     clause (iii), the provisions of this paragraph shall apply to 
     a person or other entity recruiting or referring an 
     individual for employment in the United States on the date 
     that is 12 months after the date of the enactment of the 
     Legal Workforce Act.
       ``(iii) Agricultural labor or services.--With respect to an 
     employee performing agricultural labor or services, this 
     paragraph shall not apply with respect to the verification of 
     the employee until the date that is 24 months after the date 
     of the enactment of the Legal Workforce Act. For purposes of 
     the preceding sentence, the term `agricultural labor or 
     services' has the meaning given such term by the Secretary of 
     Agriculture in regulations and includes agricultural labor as 
     defined in section 3121(g) of the Internal Revenue Code of 
     1986, agriculture as defined in section 3(f) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     clause shall not be counted for purposes of clause (i).
       ``(iv) Extensions.--Upon request by an employer having 50 
     or fewer employees, the Secretary shall allow a one-time 6-
     month extension of the effective date set out in this 
     subparagraph applicable to such employer. Such request shall 
     be made to the Secretary and shall be made prior to such 
     effective date.
       ``(v) Transition rule.--Subject to paragraph (4), the 
     following shall apply to a person or other entity hiring, 
     recruiting, or referring an individual for employment in the 
     United States until the effective date or dates applicable 
     under clauses (i) through (iii):

       ``(I) This subsection, as in effect before the enactment of 
     the Legal Workforce Act.
       ``(II) Subtitle A of title IV of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note), as in effect before the effective date in 
     section 7(c) of the Legal Workforce Act.
       ``(III) Any other provision of Federal law requiring the 
     person or entity to participate 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), as in effect before the effective date in section 7(c) 
     of the Legal Workforce Act, including Executive Order 13465 
     (8 U.S.C. 1324a note; relating to Government procurement).

       ``(E) Verification period defined.--
       ``(i) In general.--For purposes of this paragraph:

       ``(I) In the case of recruitment or referral, the term 
     `verification period' means the period ending on the date 
     recruiting or referring commences.
       ``(II) In the case of hiring, the term `verification 
     period' means the period beginning on the date on which an 
     offer of employment is extended and ending on the date that 
     is three business days after the date of hire, except as 
     provided in clause (iii). The offer of employment may be 
     conditioned in accordance with clause (ii).

       ``(ii) Job offer may be conditional.--A person or other 
     entity may offer a prospective employee an employment 
     position that is conditioned on final verification of the 
     identity and employment eligibility of the employee using the 
     procedures established under this paragraph.
       ``(iii) Special rule.--Notwithstanding clause (i)(II), in 
     the case of an alien who is authorized for employment and who 
     provides evidence from the Social Security Administration 
     that the alien has applied for a social security account 
     number, the verification period ends three business days 
     after the alien receives the social security account number.
       ``(2) Reverification for individuals with limited work 
     authorization.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a person or entity shall make an inquiry, as provided in 
     subsection (d), using the verification system to seek 
     reverification of the identity and employment eligibility of 
     all individuals with a limited period of work authorization 
     employed by the person or entity during the three business 
     days after the date on which the employee's work 
     authorization expires as follows:
       ``(i) With respect to employers having 10,000 or more 
     employees in the United States on the date of the enactment 
     of the Legal Workforce Act, beginning on the date that is 6 
     months after the date of the enactment of such Act.
       ``(ii) With respect to employers having 500 or more 
     employees in the United States, but less than 10,000 
     employees in the United States, on the date of the enactment 
     of the Legal Workforce Act, beginning on the date that is 12 
     months after the date of the enactment of such Act.
       ``(iii) With respect to employers having 20 or more 
     employees in the United States, but less than 500 employees 
     in the United States, on the date of the enactment of the 
     Legal Workforce Act, beginning on the date that is 18 months 
     after the date of the enactment of such Act.
       ``(iv) With respect to employers having 1 or more employees 
     in the United States, but less than 20 employees in the 
     United States, on the date of the enactment of the Legal 
     Workforce Act, beginning on the date that is 24 months after 
     the date of the enactment of such Act.

[[Page H5392]]

       ``(B) Agricultural labor or services.--With respect to an 
     employee performing agricultural labor or services, or an 
     employee recruited or referred by a farm labor contractor (as 
     defined in section 3 of the Migrant and Seasonal Agricultural 
     Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) 
     shall not apply with respect to the reverification of the 
     employee until the date that is 24 months after the date of 
     the enactment of the Legal Workforce Act. For purposes of the 
     preceding sentence, the term `agricultural labor or services' 
     has the meaning given such term by the Secretary of 
     Agriculture in regulations and includes agricultural labor as 
     defined in section 3121(g) of the Internal Revenue Code of 
     1986, agriculture as defined in section 3(f) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, 
     planting, drying, packing, packaging, processing, freezing, 
     or grading prior to delivery for storage of any agricultural 
     or horticultural commodity in its unmanufactured state, all 
     activities required for the preparation, processing, or 
     manufacturing of a product of agriculture (as such term is 
     defined in such section 3(f)) for further distribution, and 
     activities similar to all the foregoing as they relate to 
     fish or shellfish facilities. An employee described in this 
     subparagraph shall not be counted for purposes of 
     subparagraph (A).
       ``(C) Reverification.--Paragraph (1)(C)(ii) shall apply to 
     reverifications pursuant to this paragraph on the same basis 
     as it applies to verifications pursuant to paragraph (1), 
     except that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper, microfiche, microfilm, or electronic 
     version of the form and make it available for inspection by 
     officers of the Department of Homeland Security, the 
     Department of Justice, or the Department of Labor during the 
     period beginning on the date the reverification commences and 
     ending on the date that is the later of 3 years after the 
     date of such reverification or 1 year after the date the 
     individual's employment is terminated.
       ``(3) Previously hired individuals.--
       ``(A) On a mandatory basis for certain employees.--
       ``(i) In general.--Not later than the date that is 6 months 
     after the date of the enactment of the Legal Workforce Act, 
     an employer shall make an inquiry, as provided in subsection 
     (d), using the verification system to seek verification of 
     the identity and employment eligibility of any individual 
     described in clause (ii) employed by the employer whose 
     employment eligibility has not been verified under 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).
       ``(ii) Individuals described.--An individual described in 
     this clause is any of the following:

       ``(I) An employee of any unit of a Federal, State, or local 
     government.
       ``(II) An employee who requires a Federal security 
     clearance working in a Federal, State or local government 
     building, a military base, a nuclear energy site, a weapons 
     site, or an airport or other facility that requires workers 
     to carry a Transportation Worker Identification Credential 
     (TWIC).
       ``(III) An employee assigned to perform work in the United 
     States under a Federal contract, except that this subclause--

       ``(aa) is not applicable to individuals who have a 
     clearance under Homeland Security Presidential Directive 12 
     (HSPD 12 clearance), are administrative or overhead 
     personnel, or are working solely on contracts that provide 
     Commercial Off The Shelf goods or services as set forth by 
     the Federal Acquisition Regulatory Council, unless they are 
     subject to verification under subclause (II); and
       ``(bb) only applies to contracts over the simple 
     acquisition threshold as defined in section 2.101 of title 
     48, Code of Federal Regulations.
       ``(B) On a mandatory basis for multiple users of same 
     social security account number.--In the case of an employer 
     who is required by this subsection to use the verification 
     system described in subsection (d), or has elected 
     voluntarily to use such system, the employer shall make 
     inquiries to the system in accordance with the following:
       ``(i) The Commissioner of Social Security shall notify 
     annually employees (at the employee address listed on the 
     Wage and Tax Statement) who submit a social security account 
     number to which more than one employer reports income and for 
     which there is a pattern of unusual multiple use. The 
     notification letter shall identify the number of employers to 
     which income is being reported as well as sufficient 
     information notifying the employee of the process to contact 
     the Social Security Administration Fraud Hotline if the 
     employee believes the employee's identity may have been 
     stolen. The notice shall not share information protected as 
     private, in order to avoid any recipient of the notice from 
     being in the position to further commit or begin committing 
     identity theft.
       ``(ii) If the person to whom the social security account 
     number was issued by the Social Security Administration has 
     been identified and confirmed by the Commissioner, and 
     indicates that the social security account number was used 
     without their knowledge, the Secretary and the Commissioner 
     shall lock the social security account number for employment 
     eligibility verification purposes and shall notify the 
     employers of the individuals who wrongfully submitted the 
     social security account number that the employee may not be 
     work eligible.
       ``(iii) Each employer receiving such notification of an 
     incorrect social security account number under clause (ii) 
     shall use the verification system described in subsection (d) 
     to check the work eligibility status of the applicable 
     employee within 10 business days of receipt of the 
     notification.
       ``(C) On a voluntary basis.--Subject to paragraph (2), and 
     subparagraphs (A) through (C) of this paragraph, beginning on 
     the date that is 30 days after the date of the enactment of 
     the Legal Workforce Act, an employer may make an inquiry, as 
     provided in subsection (d), using the verification system to 
     seek verification of the identity and employment eligibility 
     of any individual employed by the employer. If an employer 
     chooses voluntarily to seek verification of any individual 
     employed by the employer, the employer shall seek 
     verification of all individuals employed at the same 
     geographic location or, at the option of the employer, all 
     individuals employed within the same job category, as the 
     employee with respect to whom the employer seeks voluntarily 
     to use the verification system. An employer's decision about 
     whether or not voluntarily to seek verification of its 
     current workforce under this subparagraph may not be 
     considered by any government agency in any proceeding, 
     investigation, or review provided for in this Act.
       ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to 
     verifications pursuant to this paragraph on the same basis as 
     it applies to verifications pursuant to paragraph (1), except 
     that employers shall--
       ``(i) use a form designated or established by the Secretary 
     by regulation for purposes of this paragraph; and
       ``(ii) retain a paper, microfiche, microfilm, or electronic 
     version of the form and make it available for inspection by 
     officers of the Department of Homeland Security, the 
     Department of Justice, or the Department of Labor during the 
     period beginning on the date the verification commences and 
     ending on the date that is the later of 3 years after the 
     date of such verification or 1 year after the date the 
     individual's employment is terminated.
       ``(4) Early compliance.--
       ``(A) Former e-verify required users, including federal 
     contractors.--Notwithstanding the deadlines in paragraphs (1) 
     and (2), beginning on the date of the enactment of the Legal 
     Workforce Act, the Secretary is authorized to commence 
     requiring employers required to participate 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), including employers required to 
     participate in such program by reason of Federal acquisition 
     laws (and regulations promulgated under those laws, including 
     the Federal Acquisition Regulation), to commence compliance 
     with the requirements of this subsection (and any additional 
     requirements of such Federal acquisition laws and regulation) 
     in lieu of any requirement to participate in the E-Verify 
     Program.
       ``(B) Former e-verify voluntary users and others desiring 
     early compliance.--Notwithstanding the deadlines in 
     paragraphs (1) and (2), beginning on the date of the 
     enactment of the Legal Workforce Act, the Secretary shall 
     provide for the voluntary compliance with the requirements of 
     this subsection by employers voluntarily electing to 
     participate 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) before such 
     date, as well as by other employers seeking voluntary early 
     compliance.
       ``(5) Copying of documentation permitted.--Notwithstanding 
     any other provision of law, the person or entity may copy a 
     document presented by an individual pursuant to this 
     subsection and may retain the copy, but only (except as 
     otherwise permitted under law) for the purpose of complying 
     with the requirements of this subsection.
       ``(6) Limitation on use of forms.--A form designated or 
     established by the Secretary of Homeland Security under this 
     subsection and any information contained in or appended to 
     such form, may not be used for purposes other than for 
     enforcement of this Act and any other provision of Federal 
     criminal law.
       ``(7) Good faith compliance.--
       ``(A) In general.--Except as otherwise provided in this 
     subsection, a person or entity is considered to have complied 
     with a requirement of 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 minimus;
       ``(ii) the Secretary of Homeland Security has explained to 
     the person or entity the basis for the failure and why it is 
     not de minimus;
       ``(iii) the person or entity has been provided a period of 
     not less than 30 calendar days (beginning after the date of 
     the explanation) within which to correct the failure; and
       ``(iv) the 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 a person or entity that 
     has or is engaging in a pattern or practice of violations of 
     subsection (a)(1)(A) or (a)(2).

[[Page H5393]]

       ``(8) Single extension of deadlines upon certification.--In 
     a case in which the Secretary of Homeland Security has 
     certified to the Congress that the employment eligibility 
     verification system required under subsection (d) will not be 
     fully operational by the date that is 6 months after the date 
     of the enactment of the Legal Workforce Act, each deadline 
     established under this section for an employer to make an 
     inquiry using such system shall be extended by 6 months. No 
     other extension of such a deadline shall be made except as 
     authorized under paragraph (1)(D)(iv).''.
       (b) Date of Hire.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at 
     the end the following:
       ``(4) Definition of date of hire.--As used in this section, 
     the term `date of hire' means the date of actual commencement 
     of employment for wages or other remuneration, unless 
     otherwise specified.''.

     SEC. 1103. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       Section 274A(d) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(d)) is amended to read as follows:
       ``(d) Employment Eligibility Verification System.--
       ``(1) In general.--Patterned on the employment eligibility 
     confirmation system established under section 404 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland 
     Security shall establish and administer a verification system 
     through which the Secretary (or a designee of the Secretary, 
     which may be a nongovernmental entity)--
       ``(A) responds to inquiries made by persons at any time 
     through a toll-free telephone line and other toll-free 
     electronic media concerning an individual's identity and 
     whether the individual is authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(2) Initial response.--The verification system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the verification 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary confirmation process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final confirmation or 
     nonconfirmation not later than 10 working days after the date 
     on which the notice of the tentative nonconfirmation is 
     received by the employee. The Secretary, in consultation with 
     the Commissioner, may extend this deadline once on a case-by-
     case basis for a period of 10 working days, and if the time 
     is extended, shall document such extension within the 
     verification system. The Secretary, in consultation with the 
     Commissioner, shall notify the employee and employer of such 
     extension. The Secretary, in consultation with the 
     Commissioner, shall create a standard process of such 
     extension and notification and shall make a description of 
     such process available to the public. When final confirmation 
     or nonconfirmation is provided, the verification system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(A) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(B) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(C) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information;
       ``(D) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       ``(i) the selective or unauthorized use of the system to 
     verify eligibility; or
       ``(ii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(E) to maximize the prevention of identity theft use in 
     the system; and
       ``(F) to limit the subjects of verification to the 
     following individuals:
       ``(i) Individuals hired, referred, or recruited, in 
     accordance with paragraph (1) or (4) of subsection (b).
       ``(ii) Employees and prospective employees, in accordance 
     with paragraph (1), (2), (3), or (4) of subsection (b).
       ``(iii) Individuals seeking to confirm their own employment 
     eligibility on a voluntary basis.
       ``(5) Responsibilities of commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     paragraphs (2) and (3), compares the name and social security 
     account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such confirmation or nonconfirmation) 
     under the verification system except as provided for in this 
     section or section 205(c)(2)(I) of the Social Security Act.
       ``(6) Responsibilities of secretary of homeland security.--
     As part of the verification system, the Secretary of Homeland 
     Security (in consultation with any designee of the Secretary 
     selected to establish and administer the verification 
     system), shall establish a reliable, secure method, which, 
     within the time periods specified under paragraphs (2) and 
     (3), compares the name and alien identification or 
     authorization number (or any other information as determined 
     relevant by the Secretary) which are provided in an inquiry 
     against such information maintained or accessed by the 
     Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, whether the alien is authorized to be employed in the 
     United States, 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.
       ``(7) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in paragraph (3).
       ``(8) Limitation on use of the verification system and any 
     related systems.--
       ``(A) No national identification card.--Nothing in this 
     section shall be construed to authorize, directly or 
     indirectly, the issuance or use of national identification 
     cards or the establishment of a national identification card.
       ``(B) Critical infrastructure.--The Secretary may authorize 
     or direct any 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 use the verification system 
     to the extent the Secretary determines that such use will 
     assist in the protection of the critical infrastructure.
       ``(9) Remedies.--If an individual alleges that the 
     individual would not have been dismissed from a job but for 
     an error of the verification mechanism, the individual may 
     seek compensation only through the mechanism of the Federal 
     Tort Claims Act, and injunctive relief to correct such error. 
     No class action may be brought under this paragraph.''.

     SEC. 1104. RECRUITMENT, REFERRAL, AND CONTINUATION OF 
                   EMPLOYMENT.

       (a) Additional Changes to Rules for Recruitment, Referral, 
     and Continuation of Employment.--Section 274A(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(a)) is 
     amended--
       (1) in paragraph (1)(A), by striking ``for a fee'';
       (2) in paragraph (1), by amending subparagraph (B) to read 
     as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements of subsection (b).''; and
       (3) in paragraph (2), by striking ``after hiring an alien 
     for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''.
       (b) Definition.--Section 274A(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(h)), as amended by this 
     title, is further amended by adding at the end the following:
       ``(5) Definition of recruit or refer.--As used in this 
     section, the term `refer' means the act of sending or 
     directing a person who is in the United States or 
     transmitting documentation or information to another, 
     directly or indirectly, with the intent of obtaining 
     employment in the United States for such person. Only persons 
     or entities referring for remuneration (whether on a retainer 
     or contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in the 
     definition whether or not they receive remuneration, as are 
     labor service entities or labor service agencies, whether 
     public, private, for-profit, or nonprofit, that refer, 
     dispatch, or otherwise facilitate the hiring of laborers for 
     any period of time by a third party. As used in this section, 
     the term `recruit' means the act of soliciting a person who 
     is in the United States, directly or indirectly, and 
     referring the person to another with the intent of obtaining 
     employment for that person. Only persons or entities 
     referring for remuneration (whether on a retainer

[[Page H5394]]

     or contingency basis) are included in the definition, except 
     that union hiring halls that refer union members or nonunion 
     individuals who pay union membership dues are included in 
     this definition whether or not they receive remuneration, as 
     are labor service entities or labor service agencies, whether 
     public, private, for-profit, or nonprofit that recruit, 
     dispatch, or otherwise facilitate the hiring of laborers for 
     any period of time by a third party.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 1 year after the date 
     of the enactment of this Act, except that the amendments made 
     by subsection (a) shall take effect 6 months after the date 
     of the enactment of this Act insofar as such amendments 
     relate to continuation of employment.

     SEC. 1105. GOOD FAITH DEFENSE.

       Section 274A(a)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(a)(3)) is amended to read as follows:
       ``(3) Good faith defense.--
       ``(A) Defense.--An employer (or person or entity that 
     hires, employs, recruits, or refers (as defined in subsection 
     (h)(5)), or is otherwise obligated to comply with this 
     section) who establishes that it has complied in good faith 
     with the requirements of subsection (b)--
       ``(i) 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 through the system established under subsection (d); 
     and
       ``(ii) has established compliance with its obligations 
     under subparagraphs (A) and (B) of paragraph (1) and 
     subsection (b) absent a showing by the Secretary of Homeland 
     Security, by clear and convincing evidence, that the employer 
     had knowledge that an employee is an unauthorized alien.
       ``(B) Mitigation element.--For purposes of subparagraph 
     (A)(i), if an employer proves by a preponderance of the 
     evidence that the employer uses a reasonable, secure, and 
     established technology to authenticate the identity of the 
     new employee, that fact shall be taken into account for 
     purposes of determining good faith use of the system 
     established under subsection (d).
       ``(C) Failure to seek and obtain verification.--Subject to 
     the effective dates and other deadlines applicable under 
     subsection (b), in the case of a person or entity in the 
     United States that hires, or continues to employ, an 
     individual, or recruits or refers an individual for 
     employment, the following requirements apply:
       ``(i) Failure to seek verification.--

       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection (d) 
     and in accordance with the timeframes established under 
     subsection (b), seeking verification of the identity and work 
     eligibility of the individual, the defense under subparagraph 
     (A) shall not be considered to apply with respect to any 
     employment, except as provided in subclause (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered that not all inquiries were responded to during 
     the relevant time, the person or entity can make an inquiry 
     until the end of the first subsequent working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.

       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (d)(2) after the time the 
     verification inquiry was received, the defense under 
     subparagraph (A) shall not be considered to apply with 
     respect to any employment after the end of such time 
     period.''.

     SEC. 1106. PREEMPTION AND STATES' RIGHTS.

       Section 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended to read as follows:
       ``(2) Preemption.--
       ``(A) Single, national policy.--The provisions of this 
     section preempt any State or local law, ordinance, policy, or 
     rule, including any criminal or civil fine or penalty 
     structure, insofar as they may now or hereafter relate to the 
     hiring, continued employment, or status verification for 
     employment eligibility purposes, of unauthorized aliens.
       ``(B) State enforcement of federal law.--
       ``(i) Business licensing.--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 verification system described in subsection (d) to 
     verify employment eligibility when and as required under 
     subsection (b).
       ``(ii) General rules.--A State, at its own cost, may 
     enforce the provisions of this section, but only insofar as 
     such State follows the Federal regulations implementing this 
     section, applies the Federal penalty structure set out in 
     this section, and complies with all Federal rules and 
     guidance concerning implementation of this section. Such 
     State may collect any fines assessed under this section. An 
     employer may not be subject to enforcement, including audit 
     and investigation, by both a Federal agency and a State for 
     the same violation under this section. Whichever entity, the 
     Federal agency or the State, is first to initiate the 
     enforcement action, has the right of first refusal to proceed 
     with the enforcement action. The Secretary must provide 
     copies of all guidance, training, and field instructions 
     provided to Federal officials implementing the provisions of 
     this section to each State.''.

     SEC. 1107. REPEAL.

       (a) In General.--Subtitle A of title IV of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note) is repealed.
       (b) References.--Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of, or pertaining to, the 
     Department of Homeland Security, Department of Justice, or 
     the Social Security Administration, to the employment 
     eligibility confirmation system established under section 404 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
     refer to the employment eligibility confirmation system 
     established under section 274A(d) of the Immigration and 
     Nationality Act, as amended by this title.
       (c) Effective Date.--This section shall take effect on the 
     date that is 24 months after the date of the enactment of 
     this Act.
       (d) Clerical Amendment.--The table of sections, in section 
     1(d) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, is amended by striking the items 
     relating to subtitle A of title IV.

     SEC. 1108. PENALTIES.

       Section 274A of the Immigration and Nationality Act (8 
     U.S.C. 1324a) is amended--
       (1) in subsection (e)(1)--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security'';
       (2) in subsection (e)(4)--
       (A) in subparagraph (A), in the matter before clause (i), 
     by inserting ``, subject to paragraph (10),'' after ``in an 
     amount'';
       (B) in subparagraph (A)(i), by striking ``not less than 
     $250 and not more than $2,000'' and inserting ``not less than 
     $2,500 and not more than $5,000'';
       (C) in subparagraph (A)(ii), by striking ``not less than 
     $2,000 and not more than $5,000'' and inserting ``not less 
     than $5,000 and not more than $10,000'';
       (D) in subparagraph (A)(iii), by striking ``not less than 
     $3,000 and not more than $10,000'' and inserting ``not less 
     than $10,000 and not more than $25,000''; and
       (E) by moving the margin of the continuation text following 
     subparagraph (B) two ems to the left and by amending 
     subparagraph (B) to read as follows:
       ``(B) may require the person or entity to take such other 
     remedial action as is appropriate.'';
       (3) in subsection (e)(5)--
       (A) in the paragraph heading, strike ``paperwork'';
       (B) by inserting ``, subject to paragraphs (10) through 
     (12),'' after ``in an amount'';
       (C) by striking ``$100'' and inserting ``$1,000'';
       (D) by striking ``$1,000'' and inserting ``$25,000''; and
       (E) by adding at the end the following: ``Failure by a 
     person or entity to utilize the employment eligibility 
     verification system as required by law, or providing 
     information to the system that the person or entity knows or 
     reasonably believes to be false, shall be treated as a 
     violation of subsection (a)(1)(A).'';
       (4) by adding at the end of subsection (e) the following:
       ``(10) Exemption from penalty for good faith violation.--In 
     the case of imposition of a civil penalty under paragraph 
     (4)(A) with respect to a violation of subsection (a)(1)(A) or 
     (a)(2) for hiring or continuation of employment or 
     recruitment or referral by person or entity and in the case 
     of imposition of a civil penalty under paragraph (5) for a 
     violation of subsection (a)(1)(B) for hiring or recruitment 
     or referral by a person or entity, the penalty otherwise 
     imposed may be waived or reduced if the violator establishes 
     that the violator acted in good faith.
       ``(11) Mitigation element.--For purposes of paragraph (4), 
     the size of the business shall be taken into account when 
     assessing the level of civil money penalty.
       ``(12) Authority to debar employers for certain 
     violations.--
       ``(A) In general.--If a person or entity is determined by 
     the Secretary of Homeland Security to be a repeat violator of 
     paragraph (1)(A) or (2) of subsection (a), or is convicted of 
     a crime under this section, such person or entity may be 
     considered for debarment from the receipt of Federal 
     contracts, grants, or cooperative agreements in accordance 
     with the debarment standards and pursuant to the debarment 
     procedures set forth in the Federal Acquisition Regulation.
       ``(B) Does not have contract, grant, agreement.--If the 
     Secretary of Homeland Security or the Attorney General wishes 
     to have a person or entity considered for debarment in 
     accordance with this paragraph, and such an person or entity 
     does not hold a Federal contract, grant or cooperative 
     agreement, the Secretary or Attorney General shall refer the 
     matter to the Administrator of General Services to determine 
     whether to

[[Page H5395]]

     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(C) Has contract, grant, agreement.--If the Secretary of 
     Homeland Security or the Attorney General wishes to have a 
     person or entity considered for debarment in accordance with 
     this paragraph, and such person or entity holds a Federal 
     contract, grant or cooperative agreement, the Secretary or 
     Attorney General shall advise all agencies or departments 
     holding a contract, grant, or cooperative agreement with the 
     person or entity of the Government's interest in having the 
     person or entity considered for debarment, and after 
     soliciting and considering the views of all such agencies and 
     departments, the Secretary or Attorney General may refer the 
     matter to any appropriate lead agency to determine whether to 
     list the person or entity on the List of Parties Excluded 
     from Federal Procurement, and if so, for what duration and 
     under what scope.
       ``(D) Review.--Any decision to debar a person or entity in 
     accordance with this paragraph shall be reviewable pursuant 
     to part 9.4 of the Federal Acquisition Regulation.
       ``(13) Office for state and local government complaints.--
     The Secretary of Homeland Security shall establish an 
     office--
       ``(A) to which State and local government agencies may 
     submit information indicating potential violations of 
     subsection (a), (b), or (g)(1) that were generated in the 
     normal course of law enforcement or the normal course of 
     other official activities in the State or locality;
       ``(B) that is required to indicate to the complaining State 
     or local agency within five business days of the filing of 
     such a complaint by identifying whether the Secretary will 
     further investigate the information provided;
       ``(C) that is required to investigate those complaints 
     filed by State or local government agencies that, on their 
     face, have a substantial probability of validity;
       ``(D) that is required to notify the complaining State or 
     local agency of the results of any such investigation 
     conducted; and
       ``(E) that is required to report to the Congress annually 
     the number of complaints received under this paragraph, the 
     States and localities that filed such complaints, and the 
     resolution of the complaints investigated by the 
     Secretary.''; and
       (5) by amending paragraph (1) of subsection (f) to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity which engages 
     in a pattern or practice of violations of subsection (a)(1) 
     or (2) shall be fined not more than $5,000 for each 
     unauthorized alien with respect to which such a violation 
     occurs, imprisoned for not more than 18 months, or both, 
     notwithstanding the provisions of any other Federal law 
     relating to fine levels.''.

     SEC. 1109. FRAUD AND MISUSE OF DOCUMENTS.

       Section 1546(b) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``identification 
     document,'' and inserting ``identification document or 
     document meant to establish work authorization (including the 
     documents described in section 274A(b) of the Immigration and 
     Nationality Act),''; and
       (2) in paragraph (2), by striking ``identification 
     document'' and inserting ``identification document or 
     document meant to establish work authorization (including the 
     documents described in section 274A(b) of the Immigration and 
     Nationality Act),''.

     SEC. 1110. PROTECTION OF SOCIAL SECURITY ADMINISTRATION 
                   PROGRAMS.

       (a) Funding Under Agreement.--Effective for fiscal years 
     beginning on or after October 1, 2019, the Commissioner of 
     Social Security and the Secretary of Homeland Security shall 
     enter into and maintain an agreement which shall--
       (1) provide funds to the Commissioner for the full costs of 
     the responsibilities of the Commissioner under section 
     274A(d) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(d)), as amended by this title, including (but not 
     limited to)--
       (A) acquiring, installing, and maintaining technological 
     equipment and systems necessary for the fulfillment of the 
     responsibilities of the Commissioner under such section 
     274A(d), but only that portion of such costs that are 
     attributable exclusively to such responsibilities; and
       (B) responding to individuals who contest a tentative 
     nonconfirmation provided by the employment eligibility 
     verification system established under such section;
       (2) provide such funds annually in advance of the 
     applicable quarter based on estimating methodology agreed to 
     by the Commissioner and the Secretary (except in such 
     instances where the delayed enactment of an annual 
     appropriation may preclude such quarterly payments); and
       (3) require an annual accounting and reconciliation of the 
     actual costs incurred and the funds provided under the 
     agreement, which shall be reviewed by the Inspectors General 
     of the Social Security Administration and the Department of 
     Homeland Security.
       (b) Continuation of Employment Verification in Absence of 
     Timely Agreement.--In any case in which the agreement 
     required under subsection (a) for any fiscal year beginning 
     on or after October 1, 2019, has not been reached as of 
     October 1 of such fiscal year, the latest agreement between 
     the Commissioner and the Secretary of Homeland Security 
     providing for funding to cover the costs of the 
     responsibilities of the Commissioner under section 274A(d) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall 
     be deemed in effect on an interim basis for such fiscal year 
     until such time as an agreement required under subsection (a) 
     is subsequently reached, except that the terms of such 
     interim agreement shall be modified by the Director of the 
     Office of Management and Budget to adjust for inflation and 
     any increase or decrease in the volume of requests under the 
     employment eligibility verification system. In any case in 
     which an interim agreement applies for any fiscal year under 
     this subsection, the Commissioner and the Secretary shall, 
     not later than October 1 of such fiscal year, notify the 
     Committee on Ways and Means, the Committee on the Judiciary, 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Finance, the Committee 
     on the Judiciary, and the Committee on Appropriations of the 
     Senate of the failure to reach the agreement required under 
     subsection (a) for such fiscal year. Until such time as the 
     agreement required under subsection (a) has been reached for 
     such fiscal year, the Commissioner and the Secretary shall, 
     not later than the end of each 90-day period after October 1 
     of such fiscal year, notify such Committees of the status of 
     negotiations between the Commissioner and the Secretary in 
     order to reach such an agreement.

     SEC. 1111. 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)), as amended by this title, 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 which shall provide 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)), as amended by this 
     title. 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 which shall provide 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)), as amended by this title. The 
     Secretary may implement the program on a limited pilot 
     program basis before making it fully available to all 
     individuals.

     SEC. 1112. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO 
                   TOOL.

       An employer or entity who uses the photo matching tool, if 
     required by the Secretary as part of the verification system, 
     shall match, either visually, or using facial recognition or 
     other verification technology approved or required by the 
     Secretary, the photo matching tool photograph to the 
     photograph on the identity or employment eligibility document 
     provided by the individual or to the face of the employee 
     submitting the document for employment verification purposes, 
     or both, as determined by the Secretary.

     SEC. 1113. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY 
                   VERIFICATION PILOT PROGRAMS.

       Not later than 24 months 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 less than 2 
     Identity Authentication Employment Eligibility Verification 
     pilot programs, each using a separate and distinct technology 
     (the ``Authentication Pilots''). The purpose of the 
     Authentication Pilots shall be to provide for identity 
     authentication and employment eligibility verification with 
     respect to enrolled new employees which shall be available to 
     any employer that elects to participate in either of the 
     Authentication Pilots. Any participating employer may cancel 
     the employer's participation in the Authentication Pilot 
     after one year after electing to participate without 
     prejudice to future participation. The Secretary shall report 
     to the Committee on the Judiciary of the House of 
     Representatives and the Committee on the Judiciary of the

[[Page H5396]]

     Senate the Secretary's findings on the Authentication Pilots, 
     including the authentication technologies chosen, not later 
     than 12 months after commencement of the Authentication 
     Pilots.

     SEC. 1114. INSPECTOR GENERAL AUDITS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Inspector General of the 
     Social Security Administration shall complete audits of the 
     following categories in order to uncover evidence of 
     individuals who are not authorized to work in the United 
     States:
       (1) Workers who dispute wages reported on their social 
     security account number when they believe someone else has 
     used such number and name to report wages.
       (2) Children's social security account numbers used for 
     work purposes.
       (3) Employers whose workers present significant numbers of 
     mismatched social security account numbers or names for wage 
     reporting.
       (b) Submission.--The Inspector General of the Social 
     Security Administration shall submit the audits completed 
     under subsection (a) to the Committee on Ways and Means of 
     the House of Representatives and the Committee on Finance of 
     the Senate for review of the evidence of individuals who are 
     not authorized to work in the United States. The Chairmen of 
     those Committees shall then determine information to be 
     shared with the Secretary of Homeland Security so that such 
     Secretary can investigate the unauthorized employment 
     demonstrated by such evidence.

    TITLE II--SANCTUARY CITIES AND STATE AND LOCAL LAW ENFORCEMENT 
                              COOPERATION

     SEC. 2201. SHORT TITLE.

       This title 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 subsection (a) 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.'';
       (2) by striking subsection (b) and inserting the following:
       ``(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 
     as they relate to information regarding the citizenship or 
     immigration status, lawful or unlawful, the inadmissibility 
     or 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.'';
       (3) in subsection (c), by striking ``Immigration and 
     Naturalization Service'' and inserting ``Department of 
     Homeland Security''; and
       (4) 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 found not to be 
     in compliance with subsection (a) or (b) 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. 
     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 found not to be 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 shall 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 found not to be in compliance with subsection (a) or 
     (b).
       ``(4) Annual determination.--The Secretary shall determine 
     for each calendar year which States or political subdivision 
     of States are not in compliance with subsection (a) or (b) 
     and shall report such determinations to Congress by March 1 
     of each succeeding calendar year.
       ``(5) Reports.--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 House or the Senate Judiciary 
     Committee. Any jurisdiction that is found not to be in 
     compliance shall be ineligible to receive Federal financial 
     assistance as provided in paragraph (1) for a minimum period 
     of 1 year, and shall only become eligible again after the 
     Secretary of Homeland Security certifies that the 
     jurisdiction has come into compliance.
       ``(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 shall 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 subsection (d) of section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373), as added by this section, shall apply only 
     to prohibited acts committed on or after the date of the 
     enactment of this Act.

     SEC. 2203. CLARIFYING THE AUTHORITY OF ICE 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.--In the case of an individual who 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 deemed to be 
     established if--
       ``(A) the individual who is the subject of the detainer 
     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;
       ``(B) the individual who is the subject of the detainer is 
     the subject of ongoing removal proceedings, including matters 
     where a charging document has already been served;
       ``(C) the individual who is the subject of the detainer has 
     previously been ordered removed from the United States and 
     such an order is administratively final;
       ``(D) the individual who is the subject of the detainer has 
     made voluntary statements or provided reliable evidence that 
     indicate that they are an inadmissible or deportable alien; 
     or
       ``(E) the Secretary otherwise 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.

[[Page H5397]]

       (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 or political subdivision of a State or 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 prior to 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 prior to the 
     commission of such crime.
       (2) Limitations on bringing action.--An action may not be 
     brought under this subsection later than 10 years following 
     the occurrence of the crime, or death of a person as a result 
     of such crime, whichever occurs later.
       (3) Proper defendant.--If a political subdivision of a 
     State declines to honor a detainer issued pursuant to section 
     287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1357(d)) as a consequence of the State or another political 
     subdivision with jurisdiction over the subdivision 
     prohibiting the subdivision through a statute or other legal 
     requirement of the State or other political subdivision--
       (A) from honoring the detainer; or
       (B) fully complying with section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373),
     and, as a consequence of the statute or other legal 
     requirement of the State or other political subdivision, the 
     subdivision released the alien referred to in paragraph (1) 
     from custody prior to the commission of the crime referred to 
     in that paragraph, the State or other political subdivision 
     that enacted the statute or other legal requirement, shall be 
     deemed to be the proper defendant in a cause of action under 
     this subsection, and no such cause of action may be 
     maintained against the political subdivision which 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, and include expert fees as part of the attorneys'' 
     fee.
       (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 providing that it not comply 
     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 subdivision 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). 
     In the case described in the previous sentence, the State or 
     political subdivision that enacted the 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.--(A) Section 236 of the 
     Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
     striking ``Attorney General'' each place it appears (except 
     in the second place that term appears in section 236(a)) and 
     inserting ``Secretary of Homeland Security''.
       (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
     amended by inserting ``the Secretary of Homeland Security 
     or'' before ``the Attorney General--''.
       (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
     amended by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''.
       (2) Length of detention.--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 for an alien 
     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 detention under section 241.''.
       (3) Detention of criminal aliens.--Section 236(c)(1) of 
     such Act (8 U.S.C. 1226(c)(1)) is amended--
       (A) in subparagraph (C), by striking ``or'' at the end;
       (B) 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, or
       ``(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;''; and
       (C) by amending the matter following subparagraph (F) (as 
     added by subparagraph (B) of this paragraph) to read as 
     follows:
       ``any time after the alien is released, without regard to 
     whether an alien is released related to any activity, 
     offense, or conviction described in this paragraph; to 
     whether the alien is released on parole, supervised release, 
     or probation; or to whether the alien may be arrested or 
     imprisoned again for the same offense. If the activity 
     described in this paragraph does not result in the alien 
     being taken into custody by any person other than the 
     Secretary, then when the alien is brought to the attention of 
     the Secretary or when the Secretary determines it is 
     practical to take such alien into custody, the Secretary 
     shall take such alien into custody.''.
       (4) Administrative review.--Section 236 of the Immigration 
     and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
     (2), is further amended by adding at the end the following:
       ``(g) Administrative Review.--The Attorney General's review 
     of the Secretary's custody determinations under subsection 
     (a) for the following classes of aliens 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:
       ``(1) Aliens in exclusion proceedings.
       ``(2) Aliens described in section 212(a)(3) or 237(a)(4).
       ``(3) Aliens described in subsection (c).
       ``(h) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond. No bond may be granted except to an 
     alien who establishes by clear and convincing evidence that 
     the alien is not a flight risk or a danger to another person 
     or the community.
       ``(2) Certain aliens ineligible.--No alien detained under 
     subsection (c) may seek release on bond.''.
       (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
     amended by striking ``conditional parole'' and inserting 
     ``recognizance''.
       (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
     amended by striking ``parole'' and inserting 
     ``recognizance''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and

[[Page H5398]]

     shall apply to any alien in detention under the provisions of 
     section 236 of the Immigration and Nationality Act (8 U.S.C. 
     1226), as so 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) and 
     paragraphs (3) through (10) as paragraphs (7) through (14), 
     respectively;
       (3) 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
       (4) 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:


                      ``illegal entry or presence

       ``Sec. 275.  (a) In General.--
       ``(1) Illegal entry or presence.--An alien shall be subject 
     to the penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly 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) knowingly 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) knowingly 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) knowingly 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) knowingly is unlawfully present in the United States 
     (as defined in section 212(a)(9)(B)(ii) subject to the 
     exceptions set forth in section 212(a)(9)(B)(iii)) 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 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 (8 U.S.C. 1325(a)), as amended by 
     subsection (a), shall take effect 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 the Immigration and 
     Nationality Act (8 U.S.C. 1325(b)), 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.

                       TITLE III--CRIMINAL ALIENS

     SEC. 3301. 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)(i)--
       (A) in subclause (I), by striking ``or'' at the end;
       (B) in subclause (II), by adding ``or'' at the end; and
       (C) 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),'';

       (2) by adding at the end of subsection (a)(2) the 
     following:

[[Page H5399]]

       ``(J) Procurement of citizenship or naturalization 
     unlawfully.--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.
       ``(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 having 
     committed or admits committing acts which constitute 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. For purposes of 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. For 
     purposes of 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
       (3) 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 (ii), by striking ``or'' at the end;
       (2) in clause (iii), by inserting ``or'' at the end; and
       (3) 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) 
     shall not be construed to create eligibility for relief from 
     removal under former section 212(c) of the Immigration and 
     Nationality Act where such eligibility did not exist before 
     these amendments became effective.

     SEC. 3302. 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 this title, is further amended--
       (1) in subclause (II), by striking ``or'' at the end;
       (2) in subclause (III), by adding ``or'' at the end; and
       (3) 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 (8 U.S.C. 
     1227(a)(2)), as amended by this title, is further amended--
       (1) in subparagraph (A), by striking clause (v); and
       (2) by adding at the end the following:
       ``(I) 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. 3303. 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 one of its primary purposes the commission of 1 or 
     more of the following criminal offenses 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 these criteria. The offenses described, 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, are the 
     following:
       ``(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 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 such Act (8 
     U.S.C. 1182(a)(2)) is amended by adding at the end the 
     following:

[[Page H5400]]

       ``(J) Aliens associated with criminal gangs.--(i) Any alien 
     is inadmissible who a consular officer, an immigration 
     officer, the Secretary of Homeland Security, or the Attorney 
     General knows or has reason to believe--
       ``(I) to be or to have been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(II) to have participated in the activities of a criminal 
     gang (as defined in section 101(a)(53)), knowing or having 
     reason to know that such activities will promote, further, 
     aid, or support the illegal activity of the criminal gang.
       ``(ii) 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) 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 (8 U.S.C. 1227(a)(2)) is amended by 
     adding at the end the following:
       ``(G) Aliens associated with criminal gangs.--Any alien is 
     deportable who--
       ``(i) is or has been a member of a criminal gang (as 
     defined in section 101(a)(53)); or
       ``(ii) has participated in the activities of a criminal 
     gang (as so defined), 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:


                     ``designation of criminal gang

       ``Sec. 220. 
       ``(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 finds that their 
     conduct is described in section 101(a)(53).
       ``(2) Procedure.--
       ``(A) Notification.--Seven days before making a designation 
     under this subsection, the Secretary shall, by classified 
     communication, notify the Speaker and Minority Leader of the 
     House of Representatives, the President pro tempore, Majority 
     Leader, and Minority Leader of the Senate, and the members of 
     the relevant committees of the House of Representatives and 
     the Senate, in writing, of the intent to designate a group, 
     club, organization, or association of 5 or more persons under 
     this subsection and the factual basis therefor.
       ``(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 this 
     subsection, the Secretary shall create an administrative 
     record.
       ``(B) Classified information.--The Secretary may consider 
     classified information in making a designation under this 
     subsection. Classified information 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 this subsection 
     shall be effective for all purposes until revoked under 
     paragraph (5) or (6) or set aside pursuant to subsection (c).
       ``(B) Review of designation upon petition.--
       ``(i) In general.--The Secretary shall review the 
     designation of a criminal gang under the procedures set forth 
     in clauses (iii) and (iv) if the designated group, club, 
     organization, or association of 5 or more persons files a 
     petition for revocation within the petition period described 
     in clause (ii).
       ``(ii) Petition period.--For purposes of clause (i)--
       ``(I) if the designated group, club, organization, or 
     association of 5 or more persons has not previously filed a 
     petition for revocation under this subparagraph, the petition 
     period begins 2 years after the date on which the designation 
     was made; or
       ``(II) if the designated group, club, organization, or 
     association of 5 or more persons has previously filed a 
     petition for revocation under this subparagraph, the petition 
     period begins 2 years after the date of the determination 
     made under clause (iv) on that petition.
       ``(iii) Procedures.--Any group, club, organization, or 
     association of 5 or more persons that submits a petition for 
     revocation under this subparagraph of its designation as a 
     criminal gang must provide evidence in that petition that 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 submitted under this subparagraph, 
     the Secretary shall make a determination as to such 
     revocation.
       ``(II) Classified information.--The Secretary may consider 
     classified information in making a determination in response 
     to a petition for revocation. Classified information shall 
     not be subject to disclosure for such time as it remains 
     classified, except that such information may be disclosed to 
     a court ex parte and in camera for purposes of judicial 
     review under subsection (c).
       ``(III) Publication of determination.--A determination made 
     by the Secretary under this clause shall be published in the 
     Federal Register.
       ``(IV) Procedures.--Any revocation by the Secretary shall 
     be made in accordance with paragraph (6).
       ``(C) Other review of designation.--
       ``(i) In general.--If in a 5-year period no review has 
     taken place under subparagraph (B), the Secretary shall 
     review the designation of the criminal gang in order to 
     determine whether such designation should be revoked pursuant 
     to paragraph (6).
       ``(ii) Procedures.--If a review does not take place 
     pursuant to subparagraph (B) in response to a petition for 
     revocation that is filed in accordance with that 
     subparagraph, then the 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 pursuant to this 
     subparagraph in the Federal Register.
       ``(5) Revocation by Act of Congress.--The Congress, by an 
     Act of Congress, may block or revoke a designation made under 
     paragraph (1).
       ``(6) Revocation Based on Change in Circumstances.--
       ``(A) In general.--The Secretary may revoke a designation 
     made under paragraph (1) at any time, and shall revoke a 
     designation upon completion of a review conducted pursuant to 
     subparagraphs (B) and (C) of paragraph (4) if the Secretary 
     finds 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 has become effective under 
     paragraph (2) an alien in a removal proceeding shall not be 
     permitted to raise any question concerning the validity of 
     the issuance of such designation as a defense or an 
     objection.
       ``(b) Amendments to a Designation.--
       ``(1) In general.--The Secretary may amend a designation 
     under this subsection if the Secretary finds 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 in 
     accordance with paragraph (1) shall be effective upon 
     publication in the Federal Register. Paragraphs (2), (4), 
     (5), (6), (7), and (8) of subsection (a) shall also apply to 
     an amended designation.
       ``(3) Administrative record.--The administrative record 
     shall be corrected to include the amendments as well as any 
     additional relevant information that supports those 
     amendments.
       ``(4) Classified information.--The Secretary may consider 
     classified information in amending a designation in 
     accordance with this subsection. Classified information shall 
     not be subject to disclosure 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) of this section.
       ``(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 the 
     court finds to be--

[[Page H5401]]

       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity;
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right;
       ``(D) lacking substantial support in the administrative 
     record taken as a whole or in classified information 
     submitted to the court under paragraph (2); or
       ``(E) not in accord with the procedures required by law.
       ``(4) Judicial review invoked.--The pendency of an action 
     for judicial review of a designation, amended designation, or 
     determination in response to a petition for revocation shall 
     not affect the application of this section, unless the court 
     issues a final order setting aside the designation, amended 
     designation, or determination in response to a petition for 
     revocation.
       ``(d) Definitions.--As used in this section--
       ``(1) the term `classified information' has the meaning 
     given that term in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.);
       ``(2) the term `national security' means the national 
     defense, foreign relations, or economic interests of the 
     United States;
       ``(3) the term `relevant committees' means the Committees 
     on the Judiciary of the Senate and of the House of 
     Representatives; and
       ``(4) the term `Secretary' means the Secretary of Homeland 
     Security, in consultation with the Attorney General.''.
       (2) Clerical amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     219 the following:

``Sec. 220. Designation.''.
       (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 this 
     title, is further amended--
       (A) in subparagraph (D), by striking ``or'' at the end;
       (B) in subparagraph (E), by inserting ``or'' at the end; 
     and
       (C) by inserting after subparagraph (E) the following:
       ``(F) 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 each year 
     (beginning 1 year after the date of the enactment of this 
     Act), the Secretary of Homeland Security, after consultation 
     with the appropriate Federal agencies, shall submit a report 
     to the Committees on the Judiciary of the House of 
     Representatives and of the Senate on the number of aliens 
     detained under the amendments made by paragraph (1).
       (f) Asylum Claims Based on Gang Affiliation.--
       (1) Inapplicability of restriction on removal to certain 
     countries.--Section 241(b)(3)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
     matter preceding clause (i), by inserting ``who is described 
     in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who 
     is'' after ``to an alien''.
       (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
     Act (8 U.S.C. 1158(b)(2)(A)) is amended--
       (A) in clause (v), by striking ``or'' at the end;
       (B) by redesignating clause (vi) as clause (vii); and
       (C) by inserting after clause (v) the following:
       ``(vi) the alien is described in section 212(a)(2)(J)(i) or 
     section 237(a)(2)(G)(i); or''.
       (g) Temporary Protected Status.--Section 244 of such Act (8 
     U.S.C. 1254a) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (c)(2)(B)--
       (A) in clause (i), by striking ``or'' at the end;
       (B) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(iii) the alien is, or at any time has been, described in 
     section 212(a)(2)(J) or section 237(a)(2)(G).''; and
       (3) in subsection (d)--
       (A) by striking paragraph (3); and
       (B) in paragraph (4), by adding at the end the following: 
     ``The Secretary of Homeland Security may detain an alien 
     provided temporary protected status under this section 
     whenever appropriate under any other provision of law.''.
       (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'';
       (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 section 237(a)(2)(G) shall be 
     eligible for any immigration benefit under this 
     subparagraph;''.

       (i) Parole.--An alien described in section 212(a)(2)(J) 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 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. 3304. 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. 3305. 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 this title, 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) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``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;'';
       (3) in subparagraph (B)--
       (A) by inserting ``an offense relating to'' before 
     ``illicit trafficking''; and
       (B) by inserting before the semicolon at the end the 
     following: ``and any offense under State law relating to a 
     controlled substance (as so classified under State law) which 
     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)'';
       (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 is at least one year;'' and inserting ``, 
     including offenses of assault and battery under State or 
     Federal law, for which the term of imprisonment is at least 
     one year, except that if the conviction records do not 
     conclusively establish whether a crime constitutes a 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 striking subparagraph (G) and inserting the 
     following:
       ``(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 
     one year, except that if the conviction records do not 
     conclusively establish whether a crime constitutes a theft or 
     burglary offense, the Attorney General or Secretary of 
     Homeland Security, 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) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (10) in subparagraph (P)--
       (A) by striking ``(i) which either is falsely making, 
     forging, counterfeiting, mutilating, or altering a passport 
     or instrument in violation of section 1543 of title 18, 
     United States Code, or is described in section 1546(a) of 
     such title (relating to document fraud) and (ii)'' and 
     inserting ``which is described in any section of chapter 75 
     of title 18, United States Code, and''; and

[[Page H5402]]

       (B) by striking ``, 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'';
       (11) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``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. 3306. PRECLUDING WITHHOLDING OF REMOVAL FOR AGGRAVATED 
                   FELONS.

       (a) In General.--Section 241(b)(3)(B) (8 U.S.C. 
     1231(b)(3)(B)), is amended by inserting after clause (v) the 
     following:
       ``(vi) the alien is convicted of an aggravated felony.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     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.

     SEC. 3307. 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)--
       (A) by redesignating the second subclause (I) as subclause 
     (II); and
       (B) by amending such subclause (II) to read as follows:
       ``(II) Subclause (I) shall not apply in the case of an 
     alien 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 such Act (8 
     U.S.C. 1101(a)(15)(K)), is amended by striking 
     ``204(a)(1)(A)(viii)(I))'' each place such term appears and 
     inserting ``204(a)(1)(A)(viii))''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to petitions filed on or after such date.

     SEC. 3308. 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.--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 such Act (8 
     U.S.C. 1227(a)(2)(A)), as amended by this title, is further 
     amended by inserting after clause (iv) the following:
       ``(v) Crimes involving moral turpitude.--If the conviction 
     records do not conclusively establish whether a crime 
     constitutes a crime involving moral turpitude, the 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.--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. 3309. 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 it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1), 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.'';
       (3) in paragraph (1), 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.'';
       (4) in paragraph (3)--
       (A) by adding after ``If the alien does not leave or is not 
     removed within the removal period'' the following: ``or is 
     not detained pursuant to paragraph (6) of this subsection''; 
     and
       (B) by striking subparagraph (D) and inserting the 
     following:
       ``(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.'';
       (5) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``subparagraph (B)''; and
       (6) by striking paragraph (6) and inserting the following:
       ``(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

[[Page H5403]]

     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. 3310. TIMELY REPATRIATION.

       (a) Listing of Countries.--Beginning on the date that is 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 including the following:
       (1) A list of the following:
       (A) 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 and the total 
     number of such aliens, disaggregated by nationality.
       (B) Countries that have an excessive repatriation failure 
     rate.
       (2) A list of each country that was included under 
     subparagraph (B) or (C) of paragraph (1) in both the report 
     preceding the current report and the current report.
       (b) Sanctions.--Beginning on the date on which a country is 
     included in a list under subsection (a)(2) and ending on the 
     date on which that country is not included in such list, that 
     country shall be subject to the following:
       (1) 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 their immediate families, 
     of the officials and employees of that country who receive 
     nonimmigrant status under clause (i) or (ii) of section 
     101(a)(15)(A) of such Act.
       (2) Each 6 months thereafter that the country is included 
     in that list, 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 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 the Immigration 
     and Nationality Act (8 U.S.C. 1253), the Secretary may not 
     reduce the number 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 Homeland Security 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 Homeland Security 
     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.
       (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) 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.

[[Page H5404]]

       (2) 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 that 
     country refused or unreasonably delayed during that period by 
     the total number of such requests during that period.
       (3) 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 for any of the following:
       (A) The period of the 3 full fiscal years preceding the 
     date of publication of the report.
       (B) The period of 1 year preceding the date of publication 
     of the report.
       (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) 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)(2).
       (h) GAO Report.--On the date that is 1 day after the date 
     that the President submits a budget under section 1105(a) of 
     title 31, United States Code, for fiscal year 2016, 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. 3311. 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.--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 free from official restraint.
       ``(2) 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.
       ``(3) 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.
       ``(4) 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.
       ``(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.''.

                        TITLE IV--ASYLUM REFORM

     SEC. 4401. 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, in no instance shall the 
     Government bear any expense for counsel for any person in 
     proceedings described in this section.''.

     SEC. 4402. 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 ``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. 4403. 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.--Where 
     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 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 
     shall 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. 4404. 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. 4405. 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.

[[Page H5405]]

     1158(c)) is amended by adding at the end the following new 
     paragraph:
       ``(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 
     Act, 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 has discretion to waive 
     subparagraph (A) if it is established to the satisfaction of 
     the Secretary that the alien had a compelling reason for the 
     return. The waiver may be sought prior to departure from the 
     United States or upon return.
       ``(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 after ``paragraph (2)'' the following: 
     ``or (4)''.

     SEC. 4406. 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 by striking ``If the'' and all that follows and 
     inserting:
       ``(A) 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 
     the 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) An application is frivolous if the Secretary of 
     Homeland Security or the Attorney General determines, 
     consistent 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 to delay removal from the United States, to seek 
     employment authorization as an applicant for asylum pursuant 
     to regulations issued pursuant to paragraph (2), or 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) In determining that an application is frivolous, the 
     Secretary or the Attorney General, must be satisfied that the 
     applicant, during the course of the proceedings, has had 
     sufficient opportunity to clarify any discrepancies or 
     implausible aspects of the claim.
       ``(D) For purposes of this section, a finding 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. 4407. 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. 4408. PENALTIES FOR ASYLUM FRAUD.

       Section 1001 of title 18 is amended by inserting at the end 
     of the paragraph--
       ``(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 or withholding of removal under section 241(b)(3) of such 
     Act, 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. 4409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

       Section 3291 of title 18 is amended--
       (1) by striking ``1544,'' and inserting ``1544 and 1546,'';
       (2) by striking ``offense.'' and inserting ``offense or 
     within 10 years after the fraud is discovered.''.

     SEC. 4410. TECHNICAL AMENDMENTS.

       Section 208 of the Immigration and Nationality Act (8 
     U.S.C. 1158) is 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''.

 TITLE V--UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS APPREHENDED ALONG 
                               THE BORDER

     SEC. 5501. 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'';

       (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

[[Page H5406]]

       (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, regarding the individual with whom the 
     child will be placed, the following information:

       ``(I) The name of the individual.
       ``(II) The social security number of the individual.
       ``(III) The date of birth of the individual.
       ``(IV) The location of the individual's residence where the 
     child will be placed.
       ``(V) The immigration status of the individual, if known.
       ``(VI) Contact information for the individual.

       ``(ii) Special rule.--In the case of a child who was 
     apprehended on or after June 15, 2012, and before the date of 
     the enactment of this subparagraph, who 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 shall--

       ``(I) in the case that the immigration status of an 
     individual with whom a child is placed is unknown, 
     investigate the immigration status of that individual; and
       ``(II) upon determining that an individual with whom a 
     child is placed is unlawfully present in the United States, 
     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. 5502. 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. 5503. 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. 5504. QUARTERLY REPORT TO CONGRESS.

       Not later than January 5, 2019, and every 3 months 
     thereafter--
       (1) the Attorney General shall submit a report on--
       (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 on the total number of applications for asylum, filed 
     by unaccompanied alien children, that were adjudicated during 
     the 3-month period preceding the date of the report and the 
     percentage of those applications that were granted.

     SEC. 5505. 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. 5506. 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) 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.

                     DIVISION C--BORDER ENFORCEMENT

     SEC. 1100. SHORT TITLE.

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

                        TITLE I--BORDER SECURITY

     SEC. 1101. DEFINITIONS.

       In this title:
       (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 1111 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).

                Subtitle A--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 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.--

[[Page H5407]]

       ``(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. 1112. 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 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. 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

[[Page H5408]]

     amended by section 1111 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.
       (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.

[[Page H5409]]

       (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. 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.

     SEC. 1115. 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 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

[[Page H5410]]

     amounts otherwise authorized for such purposes.

     SEC. 1116. 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. 1117. 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. 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 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 1111 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 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).
       (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

[[Page H5411]]

     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. 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 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. 1120. 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 1111 of this division, shall extend to activities 
     carried out pursuant to this section.

     SEC. 1121. 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;
       (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;

[[Page H5412]]

       (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. 1122. 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. 1123. 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 of this division) and section 1113 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. 1124. 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 1115 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);
       ``(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. 1125. 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. 1126. 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--

[[Page H5413]]

       (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. 1127. 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 1115 and 1124 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.''.

                         Subtitle B--Personnel

     SEC. 1131. 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. 1132. 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--
       ``(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.

[[Page H5414]]

       ``(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.
       ``(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.

[[Page H5415]]

       ``(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. 1133. 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
       ``(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 subtitle.

     SEC. 1134. 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

[[Page H5416]]

     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.

                           Subtitle C--Grants

     SEC. 1141. 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 $110,000,000 for each of fiscal years 2018 
     through 2022 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.''.

              Subtitle D--Authorization of Appropriations

     SEC. 1151. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated for 
     fiscal years 2018 through 2022, $24,800,000,000 to implement 
     this title and the amendments made by this title, of which--
       (1) $9,300,000,000 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 1111 of 
     this division;
       (2) $1,000,000,000 shall be used by the Department to 
     improve tactical infrastructure pursuant to such section 102, 
     as amended by such section 1111;
       (3) $5,800,000,000 shall be used by the Department to carry 
     out section 1112 of this division;
       (4) $200,000,000 shall be used by the Coast Guard for 
     deployments of personnel and assets under paragraph (18) of 
     section 1113(a) of this division; and
       (5) $8,500,000,000 shall be used by the Department to carry 
     out section 1131 of this division.

 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

     SEC. 2101. 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 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. 2102. SECURE COMMUNICATIONS.

       (a) In General.--The Secretary shall ensure that each U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs

[[Page H5417]]

     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. 2103. 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. 2104. PILOT AND UPGRADE OF LICENSE PLATE READERS AT 
                   PORTS OF ENTRY.

       (a) Upgrade.--Not later than one year after the date of the 
     enactment of this Act, the Commissioner of U.S. Customs and 
     Border Protection shall upgrade all existing license plate 
     readers on the northern and southern borders on incoming and 
     outgoing vehicle lanes.
       (b) Pilot Program.--Not later than 90 days after the date 
     of the enactment of this Act, the Commissioner of U.S. 
     Customs and Border Protection shall conduct a one-month pilot 
     program on the southern border using license plate readers 
     for one to two cargo lanes at the top three high-volume land 
     ports of entry or checkpoints to determine their 
     effectiveness in reducing cross-border wait times for 
     commercial traffic and tractor-trailers.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall report to the 
     Committee on Homeland Security and Governmental Affairs, the 
     Committee on the Judiciary, and the Committee on Finance of 
     the Senate, and the Committee on Homeland Security, and 
     Committee on the Judiciary, and the Committee on Ways and 
     Means of the House of Representatives the results of the 
     pilot program under subsection (b) and make recommendations 
     for implementing use of such technology 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 fiscal year 2018 to carry out subsection (a).

     SEC. 2105. 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. 2106. 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 H5418]]

     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. 2107. 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. 2108. AUTHORIZATION OF APPROPRIATIONS.

       In addition to any amounts otherwise authorized to be 
     appropriated for such purpose, there is authorized to be 
     appropriated $1,250,000,000 for each of fiscal years 2018 
     through 2022 to carry out this title, of which--
       (1) $2,000,000 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) $250,000,000 per year 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 2106 of 
     this division.

     SEC. 2109. DEFINITION.

       In this title, the term ``Secretary'' means the Secretary 
     of Homeland Security.

                 TITLE III--VISA SECURITY AND INTEGRITY

     SEC. 3101. VISA SECURITY.

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

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

       ``(iii) Rule of construction.--The assignment of employees 
     of the Department pursuant to this subparagraph is solely the 
     authority of the Secretary and may not be altered or rejected 
     by the Secretary of State.''.
       (b) Counterterror Vetting and Screening.--Paragraph (2) of 
     section 428(e) of the Homeland Security Act of 2002 is 
     amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Screen any such applications against the appropriate 
     criminal, national security, and terrorism databases 
     maintained by the Federal Government.''.
       (c) Training and Hiring.--Subparagraph (A) of section 
     428(e)(6) of the Homeland Security Act of 2002 is amended 
     by--
       (1) striking ``The Secretary shall ensure, to the extent 
     possible, that any employees'' and

[[Page H5419]]

     inserting ``The Secretary, acting through the Commissioner of 
     U.S. Customs and Border Protection and the Director of U.S. 
     Immigration and Customs Enforcement, shall provide training 
     to any employees''; and
       (2) striking ``shall be provided the necessary training''.
       (d) Pre-Adjudicated Visa Security Assistance and Visa 
     Security Advisory Opinion Unit.--Subsection (e) of section 
     428 of the Homeland Security Act of 2002 is amended by adding 
     at the end the following new paragraphs:
       ``(9) Remote pre-adjudicated visa security assistance.--At 
     the visa-issuing posts at which employees of the Department 
     are not assigned pursuant to paragraph (1), the Secretary 
     shall, in a risk-based manner, assign employees of the 
     Department to remotely perform the functions required under 
     paragraph (2) at not fewer than 50 of such posts.
       ``(10) Visa security advisory opinion unit.--The Secretary 
     shall establish within U.S. Immigration and Customs 
     Enforcement a Visa Security Advisory Opinion Unit to respond 
     to requests from the Secretary of State to conduct a visa 
     security review using information maintained by the 
     Department on visa applicants, including terrorism 
     association, criminal history, counter-proliferation, and 
     other relevant factors, as determined by the Secretary.''.
       (e) Deadlines.--The requirements established under 
     paragraphs (1) and (9) of section 428(e) of the Homeland 
     Security Act of 2002 (6 U.S.C. 236(e)), as amended and added 
     by this section, shall be implemented not later than three 
     years after the date of the enactment of this Act.

     SEC. 3102. 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.), as amended by 
     section 2106 of this division, is further amended by adding 
     at the end the following new sections:

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

       ``(a) In General.--Not later than one year after the date 
     of the enactment of this section, the Commissioner of U.S. 
     Customs and Border Protection shall--
       ``(1) screen electronic passports at airports of entry by 
     reading each such passport's embedded chip; and
       ``(2) to the greatest extent practicable, utilize facial 
     recognition technology or other biometric technology, as 
     determined by the Commissioner, to inspect travelers at 
     United States airports of entry.
       ``(b) Applicability.--
       ``(1) Electronic passport screening.--Paragraph (1) of 
     subsection (a) shall apply to passports belonging to 
     individuals who are United States citizens, individuals who 
     are nationals of a program country pursuant to section 217 of 
     the Immigration and Nationality Act (8 U.S.C. 1187), and 
     individuals who are nationals of any other foreign country 
     that issues electronic passports.
       ``(2) Facial recognition matching.--Paragraph (2) of 
     subsection (a) shall apply, at a minimum, to individuals who 
     are nationals of a program country pursuant to section 217 of 
     the Immigration and Nationality Act.
       ``(c) Annual Report.--The Commissioner of U.S. Customs and 
     Border Protection, in collaboration with the Chief Privacy 
     Officer of the Department, shall issue to the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate an annual report through fiscal year 2021 on the 
     utilization of facial recognition technology and other 
     biometric technology pursuant to subsection (a)(2). Each such 
     report shall include information on the type of technology 
     used at each airport of entry, the number of individuals who 
     were subject to inspection using either of such technologies 
     at each airport of entry, and within the group of individuals 
     subject to such inspection at each airport, the number of 
     those individuals who were United States citizens and legal 
     permanent residents. Each such report shall provide 
     information on the disposition of data collected during the 
     year covered by such report, together with information on 
     protocols for the management of collected biometric data, 
     including timeframes and criteria for storing, erasing, 
     destroying, or otherwise removing such data from databases 
     utilized by the Department.

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

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

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

     SEC. 3103. REPORTING OF VISA OVERSTAYS.

       Section 2 of Public Law 105-173 (8 U.S.C. 1376) is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by inserting before the period at the end the 
     following: ``, and any additional information that the 
     Secretary determines necessary for purposes of the report 
     under subsection (b)''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Annual Report.--Not later than June 30, 2018, and not 
     later than June 30 of each year thereafter, the Secretary of 
     Homeland Security shall submit to the Committee on Homeland 
     Security and the Committee on the Judiciary of the House of 
     Representatives and to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on the Judiciary of 
     the Senate a report providing, for the preceding fiscal year, 
     numerical estimates (including information on the methodology 
     utilized to develop such numerical estimates) of--
       ``(1) for each country, the number of aliens from the 
     country who are described in subsection (a), including--
       ``(A) the total number of such aliens within all classes of 
     nonimmigrant aliens described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
       ``(B) the number of such aliens within each of the classes 
     of nonimmigrant aliens, as well as the number of such aliens 
     within each of the subclasses of such classes of nonimmigrant 
     aliens, as applicable;
       ``(2) for each country, the percentage of the total number 
     of aliens from the country who were present in the United 
     States and were admitted to the United States as 
     nonimmigrants who are described in subsection (a);
       ``(3) the number of aliens described in subsection (a) who 
     arrived by land at a port of entry into the United States;
       ``(4) the number of aliens described in subsection (a) who 
     entered the United States using a border crossing 
     identification card (as such term is defined in section 
     101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(6))); and
       ``(5) the number of Canadian nationals who entered the 
     United States without a visa whose authorized period of stay 
     in the United States terminated during the previous fiscal 
     year, but who remained in the United States.''.

     SEC. 3104. 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 
     for the purpose of conducting primary inspections of aliens 
     seeking admission to the United States at each port of entry 
     of the United States.

     SEC. 3105. 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 1115, 1124, and 1127 of this division, is further 
     amended by adding at the end the following new sections:

     ``SEC. 438. SOCIAL MEDIA SCREENING.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this section, 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 certain 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 carry out the requirements of 
     subsection (a), the Secretary may collaborate with--
       ``(1) the head of a national laboratory within the 
     Department's laboratory network with relevant expertise;
       ``(2) the head of a relevant university-based center within 
     the Department's centers of excellence network; and
       ``(3) the heads of other appropriate Federal agencies.

     ``SEC. 439. 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 
     division is further amended by inserting after the item 
     relating to section 437 the following new items:

``Sec. 438. Social media screening.
``Sec. 439. Open source screening.''.

[[Page H5420]]

  


     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``Transnational Criminal 
     Organization Illicit Spotter Prevention and Elimination 
     Act''.

     SEC. 4102. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND 
                   CUSTOMS CONTROLS.

       (a) Bringing in and Harboring of Certain Aliens.--Section 
     274(a) of the Immigration and Nationality Act (8 U.S.C. 
     1324(a)) is amended--
       (1) in subsection (a)(2), by striking ``brings to or 
     attempts to'' and inserting the following: ``brings to or 
     attempts or conspires to''; and
       (2) by adding at the end the following:
       ``(5) In the case of a person who has brought aliens into 
     the United States in violation of this subsection, the 
     sentence otherwise provided for 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.''.
       (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 after ``knowingly aids or assists'' the 
     following: ``or attempts to aid or assist''; and
       (2) by adding at the end the following: ``In the case of a 
     person convicted of an offense under this section, the 
     sentence otherwise provided for 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 adding at the end the following:
       ``(2) 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 or 
     imprisonment for not more than 15 years, or both.
       ``(3) 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 
     or imprisonment for not more than 20 years, or both.''.

        DIVISION D--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

     SEC. 1101. DEFINITIONS.

       In this division:
       (1) In general.--Except as otherwise specifically provided, 
     the terms used in this division 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 division.
       (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 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. 1102. 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);

[[Page H5421]]

       (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.
       (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 division C, and the 
     amendments made by that division.
       (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 division, 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--

[[Page H5422]]

       (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
       (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 division 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. 1103. 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 division 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 division.
       (2) Single appeal for each administrative decision.--
       (A) In general.--An alien in the United States whose 
     application for status under this division 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 division 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 division 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 division.
       (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 
     division, 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;

[[Page H5423]]

       (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 division pending before the 
     Secretary or in a Federal court (whether in the same or 
     another jurisdiction).

     SEC. 1104. PENALTIES AND SIGNATURE REQUIREMENTS.

       (a) Penalties for False Statements in Applications.--
     Whoever files an initial or renewal application for 
     contingent nonimmigrant status under this division 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 
     division 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. 1105. 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 division, which shall take effect 
     immediately upon publication in the Federal Register.

     SEC. 1106. STATUTORY CONSTRUCTION.

       Except as specifically provided, nothing in this division 
     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.

  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
1 hour, with 40 minutes equally divided and controlled by the chair and 
ranking minority member on the Committee on the Judiciary and 20 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Homeland Security.
  The gentleman from Virginia (Mr. Goodlatte) and the gentleman from 
New York (Mr. Nadler) each will control 20 minutes. The gentleman from 
Texas (Mr. McCaul) and the gentleman from Mississippi (Mr. Thompson) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 4760.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I introduced H.R. 4760, along with  Michael McCaul, 
Martha McSally, and Raul Labrador, to provide an equitable and 
permanent legal status for unlawful aliens who grew up in America after 
their parents brought them here as children. Just as importantly, we 
want to strengthen our borders, close gaping loopholes, curtail endemic 
fraud, and enhance interior immigration enforcement so that our Nation 
won't face the same dilemma in a few years.
  President Trump did the right thing and tried to end President 
Obama's blatantly unconstitutional DACA program. As a Federal court 
ruled in enjoining DACA's sister program, DHS cannot ``enact a program 
whereby it not only ignores the dictates of Congress, but actively acts 
to thwart them. . . . The DHS Secretary is not just rewriting the laws; 
he is creating them from scratch.'' President Trump also did the right 
thing by immediately turning to us, asking Congress to fix the problem.
  As he asked for, H.R. 4760 solves the DACA conundrum. It provides 
DACA beneficiaries with an indefinitely renewable legal nonimmigrant 
status allowing them to live and work in the United States without 
worry and travel abroad as they choose. It also allows them to receive 
green cards on the same terms as any other intending immigrant around 
the world.
  As I indicated, the bill will help ensure that the distressing DACA 
dilemma does not recur. It ends catch and release at the border, 
battles asylum fraud, and ensures that unaccompanied minors caught at 
the border will be treated equally, regardless of their home country. 
It will ensure that the law no longer tempts minors and their parents 
to make the dangerous illicit journey to the United States and to line 
the pockets of cancerous cartels with hundreds of millions of dollars.
  The bill will also take away the other magnet that draws millions of 
persons to come to the United States illegally: the jobs magnet. 
Through the inclusion of Lamar Smith's Legal Workforce Act, it makes E-
Verify mandatory. After two decades of constant improvement, E-Verify 
has become an extremely effective, reliable, and easy way for employers 
to ensure that they have hired a legal workforce. Three-quarters of a 
million employers currently use E-Verify, which almost instantaneously 
confirms the work eligibility of new hires 99 percent of the time.
  The bill will also allow DHS to deport members of MS-13 and other 
virulent criminal gangs and allow it to detain dangerous aliens who 
cannot be removed. It will combat the public safety menace of sanctuary 
cities in multiple ways, including by allowing the Justice Department 
to withhold from them law enforcement grants.
  The bill makes significant reforms to our legal immigration system. 
It puts an end to extended family chain migration and terminates the 
diversity visa green card lottery, which awards green cards at random 
to people with no ties to the United States or any particular skills.
  In addition, it replaces the dysfunctional H-2A agricultural 
guestworker program. The H-2A program is slow, bureaucratic, and 
frustrating, often forcing growers to leave crops to rot in the fields. 
They also must pay an artificially inflated wage rate, along with 
providing free housing and transportation. In doing the right thing, H-
2A users are almost always repaid by being placed at a competitive 
disadvantage in the marketplace.
  The bill provides growers with streamlined access to guestworkers 
when sufficient American labor cannot be found. It finally provides 
dairies and food processors with year-round labor needs with access to 
a guestworker program. It avoids the pitfalls of the H-2A program, and 
it will remain at its core a true guestworker program. As growers 
learned the hard way after the 1986 amnesty, illegal farmworkers will 
leave en mass and flock to the cities when provided with permanent 
residence.
  The Agricultural Guestworker Act contained in this bill is supported 
by the American Farm Bureau Federation, the dairy industry, and over 
200 distinct agricultural organizations from across the United States.
  Following introduction of this legislation, I have sat down with my 
colleagues for months to learn of any concerns and to strive to improve 
the bill. The product of this intensive work is better legislation. 
While I am disappointed that the rule did not allow me to include all 
of the improvements made possible by the input of so many Members, I am 
gratified that I could include the refinements to the H-2C agricultural 
guestworker program.
  To give just one example, the bill now clarifies that the Department 
of Homeland Security will issue documents to unlawful alien farmworkers 
who have been sponsored by growers to join the program, authorizing 
them to return to the United States without the need for visas after 
completing their initial touchbacks. This will create certainty for 
growers, allowing them to receive pre-approval of their H-2C petitions 
for current workers before they leave the country and precertification 
of the workers' admission back into the United States before they 
leave.
  Congress has a unique opportunity to act before the country ends up 
with another large population who crossed the border illegally as 
children. Let's take this historic moment to come together and support 
vital legislation that provides commonsense, reasonable solutions.
  Mr. Speaker, I urge my colleagues to join President Trump and support 
H.R. 4760, and I reserve the balance of my time.


[[Page H5424]]


                                         House of Representatives,


                                     Committee on Agriculture,

                                    Washington, DC, June 20, 2018.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Chairman Goodlatte: Thank you for the opportunity to 
     review the relevant provisions of the text of H.R. 4760, the 
     Securing America's Future Act of 2018. As you are aware, the 
     bill was primarily referred to the Committee on the 
     Judiciary, while the Agriculture Committee received an 
     additional referral.
       I recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner. 
     Accordingly, I agree to discharge H.R. 4760 from further 
     consideration by the Committee on Agriculture. I do so with 
     the understanding that by discharging the bill, the Committee 
     on Agriculture does not waive any future jurisdictional claim 
     on this or similar matters. Further, the Committee on 
     Agriculture reserves the right to seek the appointment of 
     conferees, if it should become necessary.
       I ask that you insert a copy of our exchange of letters 
     into the Congressional Record during consideration of this 
     measure on the House floor.
       Thank you for your courtesy in this matter and I look 
     forward to continued cooperation between our respective 
     committees.
           Sincerely,
                                               K. Michael Conaway,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, June 20, 2018.
     Hon. K. Michael Conaway,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Chairman Conaway: Thank you for consulting with the 
     Committee on the Judiciary and agreeing to be discharged from 
     further consideration of H.R. 4760, the ``Securing America's 
     Future Act of 2018,'' so that the bill may proceed 
     expeditiously to the House floor.
       I agree that your foregoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee or prejudice its jurisdictional prerogatives 
     on this bill or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place our letters on H.R. 4760 into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work together as this measure 
     moves through the legislative process.
           Sincerely,
                                                    Bob Goodlatte,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 20, 2018.
     Hon. Bob Goodlatte,
     Chairman, Committee on Judiciary,
     Washington, DC.
       Dear Chairman Goodlatte: I write concerning H.R. 4760, the 
     ``Securing America's Future Act of 2018''. This legislation 
     includes matters that fall within the Rule X jurisdiction of 
     the Committee on Homeland Security.
       In order to expedite floor consideration of H.R. 4760, the 
     Committee on Homeland Security agrees to forgo action on this 
     bill. However, this is conditional on our mutual 
     understanding that forgoing consideration of the bill would 
     not prejudice the Committee with respect to the appointment 
     of conferees or to any future jurisdictional claim over the 
     subject matters contained in the bill or similar legislation 
     that fall within the Committee on Homeland Security's Rule X 
     jurisdiction. I request you urge the Speaker to name members 
     of the Committee to any conference committee named to 
     consider such provisions.
       Please place a copy of this letter and your response into 
     the Congressional Record during consideration of the measure 
     on the House floor. I thank you for your cooperation in this 
     matter.
           Sincerely,
                                                Michael T. McCaul,
     Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, June 20, 2018.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security,
     Washington, DC.
       Dear Chairman McCaul: Thank you for consulting with the 
     Committee on the Judiciary and agreeing to be discharged from 
     further consideration of H.R. 4760, the ``Securing America's 
     Future Act of 2018,'' so that the bill may proceed 
     expeditiously to the House floor.
       I agree that your foregoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee or prejudice its jurisdictional prerogatives 
     on this bill or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place our letters on H.R. 4760 into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work together as this measure 
     moves through the legislative process.
           Sincerely,
                                                    Bob Goodlatte,
                                                         Chairman.

  Mr. NADLER. Mr. Speaker, I yield myself 3 minutes.
  Mr. Speaker, I strongly oppose H.R. 4760.
  This legislation is nothing more than a wish-list of the far right 
anti-immigrant fringe. It would do nothing to solve the real problems 
plaguing our immigration system, while causing untold suffering for 
millions of people.
  The world has watched President Trump create a family separation 
crisis out of thin air. I personally met with fathers whose children 
had been ripped from their arms, who have no idea when, or if, they 
will ever see their children again.
  One father I spoke to was promised he would be kept with his young 
child, only to have officers enter his room in the middle of the night 
and forcibly take away his young daughter.
  We have all seen the anguished faces of the parents separated from 
their children, and listened to the desperate cries of sobbing children 
screaming for their parents. This is government-sponsored child abuse.
  This bill does absolutely nothing to solve the crisis. The President, 
after falsely claiming that he had no choice but to enact this cruel 
and brutal policy, now says he will end it, proving that he and his 
administration were lying all along. But it is not clear that 
yesterday's executive order immediately ends family separation. It also 
puts our country on a dangerous path to prolonged detention for parents 
and children.
  The Keeping Families Together Act, which I introduced this week, 
along with virtually every Democratic Member, would actually prevent 
children from being separated from their parents, except in 
extraordinary circumstances.
  We could vote on that legislation today. But instead, we have this 
bill before us now. This bill turns all undocumented immigrants into 
criminals. It takes particular aim at families, children, workers, 
businesses, public safety, and our fundamental values as a nation, all 
at once. It is almost impressive how many bad ideas have been crammed 
into one comprehensive package.
  For example, it eliminates most visa categories that promote family 
reunification, as well as the diversity visa program, which provides 
residents of many countries the only method of immigrating to the 
United States. It removes critical protections for unaccompanied 
children, and it does away with other important safeguards for children 
traveling with their parents.
  It would decimate the agriculture community by requiring employers to 
use the E-Verify employment verification system without fixing the 
underlying immigration system. And it would undercut American workers 
by importing guestworkers at drastically depressed wages.
  It would also undermine our asylum system, breaking with our proud 
tradition of being a beacon of hope and freedom for the oppressed.
  In exchange for all these harsh, anti-immigrant provisions, it offers 
the most minimal protections to Dreamers, creating a renewable 
temporary status with no path to citizenship, leaving them in perpetual 
limbo, and unable to become full members of society in the only country 
they have ever known.
  This is an act of extortion we cannot abide. This bill fails to 
repair our broken immigration system and, indeed, in many ways, makes 
it even worse, and all without substantially helping the Dreamers.
  Mr. Speaker, I urge my colleagues to reject this bill, and I reserve 
the balance of my time.
  The SPEAKER pro tempore. Members are reminded to refrain from 
engaging in personalities toward the President.

                              {time}  1230

  Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Smith), who is the author of an important provision in this 
bill related to electronic verification of employment, and he is the 
former chairman of the House Judiciary Committee.

[[Page H5425]]

  

  Mr. SMITH of Texas. Mr. Speaker, let me thank the chairman of the 
Judiciary Committee, the gentleman from Virginia (Mr. Goodlatte), for 
all that he has done to advance immigration reform during this 
Congress.
  I do support H.R. 4760, Securing America's Future Act. This 
legislation ensures that our immigration policies put the interests of 
Americans first.
  We need to thank not only Chairman Goodlatte, but others who have put 
so much time and effort into this legislation. We appreciate Mr. 
Goodlatte's diligence, expertise, and commitment to improving our 
immigration system.
  Any immigration reform considered by Congress must, at a minimum, 
secure our borders, implement workforce verification to end the illegal 
jobs magnet, reduce chain migration, bolster interior enforcement, and 
prevent abuse of our asylum laws. Securing America's Future Act 
includes all of these necessary provisions.
  The bill delivers on the President's pledge to voters to complete 
physical barriers along our southern border, penalize lawless sanctuary 
cities, and end the Obama administration's catch-and-release policy 
that returns dangerous criminal immigrants to our streets to prey on 
innocent Americans.
  Of special interest to me is the inclusion of the Legal Workforce Act 
in the bill, which requires all new employees' work eligibility to be 
verified. This will reduce illegal immigration and save jobs for 
American workers.
  Also important is the deadline to finally implement an entry-exit 
tracking system to identify visa overstayers. They comprise half of the 
almost 1 million new illegal immigrants every year.
  Securing America's Future Act helps keep our communities safe and 
protects American workers. It deserves our enthusiastic support.
  Madam Speaker, again I want to thank Chairman Goodlatte for offering 
this legislation.
  Mr. NADLER. Madam Speaker, I yield 3 minutes to the gentlewoman from 
California (Ms. Lofgren), the distinguished ranking member of the 
Immigration Subcommittee.
  Ms. LOFGREN. Madam Speaker, this is an anti-immigrant bill. It 
slashes legal immigration. It will injure the ag industry. It 
criminalizes nearly the entire undocumented population. It will 
undermine public safety and removes critical protections for families 
and children, and it even fails to provide a pathway to legal permanent 
residence for Dreamers.
  Sometimes my friends across the aisle say the problem with 
immigration is we don't have assimilation. You don't get assimilation 
when you create a permanent underclass of people who are Americans in 
every way but their paperwork.
  It eliminates family-based categories, and this is the relatives of 
Americans. American citizens and legal permanent residents, forget it. 
You are not going to be able to get your family members in if this bill 
passes.
  It mandates the use of E-Verify, which would be highly disruptive to 
restaurants, hotels, and other industries, and the changes in the ag 
worker provision are just a fig leaf.
  The bill transforms a civil law violation into a crime so that 
undocumented immigrants, including the parents of Dreamers the bill 
purports to help, become criminals overnight.
  It would accelerate separation of kids from parents when 11 million 
American workers suddenly become subject to prosecution.
  Undermining our asylum system by establishing impossibly high 
evidentiary burdens, it removes protections, as I have said, and it 
does nothing to reunite the thousands of children who have been taken 
away from their parents at the border. Instead, it facilitates putting 
mothers in the cages with their toddlers.
  So why are we debating a bill that nearly everyone, even many in the 
Republican Party, think is a terrible idea? I fear it is because the 
very extreme elements of the Republican Party have become the loudest 
and the most powerful.
  I continue to have faith in the good people of our country. The 
American people spoke out loudly against President Trump's family 
separation policy. They couldn't stand seeing little children, babies, 
and toddlers ripped from their mother's arms. And we saw a reversal, 
but it is not a solution, because locking up mothers, putting those 
mothers in the cages with their toddlers is not the solution to this 
problem.
  We are not going to let hatred, bigotry, and xenophobia prevail in 
this country.
  Madam Speaker, I urge a ``no'' vote on this bill.
  Mr. GOODLATTE. Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Gutierrez).
  Mr. GUTIERREZ. Madam Speaker, the reelection strategy for every 
single Republican Member of the House is to stand strong with a 
President willing to take children from their parents in order to look 
mean and nasty and cruel to children who are fleeing for their lives. 
You own that. That is your campaign strategy.
  As of today, Republicans want to put the children in the same jails 
as the parents and fight to hold them indefinitely and demand we charge 
asylum seekers as criminals and jail them with their children. The more 
than 2,300 children who have been taken from their parents and put in a 
vast system spread over thousands of miles, we just don't know if those 
children will ever see their families again. You own that, too. That is 
what you are campaigning on to save your jobs this coming November.
  Taking DACA away from Dreamers: that is your policy, too. And then 
putting bills on the floor to cu legal immigration and build a wall are 
your strategies to blame Democrats for what you are doing.

  Republicans want to be both the arsonists and the firefighters, and 
you can't be both.
  I don't blame Speaker Ryan and Chairman Goodlatte. They are not bad 
people. They are both decent men of faith who have been put in a 
position of defending policies that are cruel, inhumane, and run deeply 
contrary to the will of the American people and the values of our 
Nation.
  This must be morally wrenching for them. But honestly, I have little 
sympathy. Each has made a devil's bargain to trade their reputation for 
Stephen Miller's agenda and Donald Trump's name.
  Legal immigration? No.
  An asylum policy that protects human lives? No.
  DACA to protect Dreamers? No.
  Policies that treat wife-beating, rape, and human trafficking as 
matters that require us to protect women? No.
  A nation of immigrants? No.
  All they want is a wall.
  Even though both are leaving office because the Republican Party is 
no longer home for decent men and women of values, faith, and 
conscience, both are leaving us with one last commitment: to put the 
needs of this erratic President above the will of the people and above 
the good of our Nation.
  At some point, someone needs to stop complimenting the emperor on his 
new set of clothes and start telling the President he is naked. 
Covering his rear end from all the lies, the deceit, and the 
soullessness is no longer sustainable.
  The SPEAKER pro tempore (Ms. Foxx). Members are reminded to refrain 
from engaging in personalities toward the President and to direct their 
remarks to the Chair.
  Mr. GOODLATTE. Madam Speaker, I yield myself such time as I may 
consume to respond to some of the false charges that we are hearing 
here.
  First of all, with regard to E-Verify, unfortunately, there is a 
misconception that it is our intention to implement the new H-2C 
program and mandate E-Verify for agriculture simultaneously. This could 
not be further from the truth.
  The AG Act, under that act, E-Verify would not be mandated for 
agriculture until the H-2C is properly up and running and no sooner 
than 24 months after enactment of the legislation. In addition, E-
Verify will only apply to future hires.
  Secondly, I want to respond to those who complain about what we are 
doing for the DACA recipients in this legislation. I want to make it 
very, very clear we are going to do something that is legal, something 
that is constitutional for them instead of something that was illegal 
and unconstitutional, and it is going to be superior in this bill to 
what was done for them there, because they

[[Page H5426]]

will be allowed to remain in the United States permanently, renewing 
every 3 years. They are only excluded if they do not meet certain 
criteria.
  The fact of the matter is we will have an opportunity for them to 
avail themselves of existing pathways to citizenship. If they are 
married to a United States citizen, as it would be logical that a great 
many of these DACA recipients are because of the fact that they have 
grown up here, they will be able to benefit from that. They could not 
do that under the Obama executive order. So this is much better than 
how the Democrats have treated the DACA recipients.
  Lastly, whether the labor workforce status quo is sustainable for 
American agriculture, under current law in California and other States, 
farmers are facing chronic employee shortages. Last fall, the 
California Farm Bureau announced the results of an informal survey of 
its members. The survey showed that 69 percent of those surveyed were 
experiencing labor shortfalls. Despite all the efforts California 
farmers and ranchers have made to find and hire people to work on their 
operations, they still can't find enough willing and qualified 
employees.
  California Farm Bureau President Paul Wenger said: ``Farmers have 
offered higher wages, benefits, and more year-round jobs. They have 
tried to mechanize operations where possible and have even changed 
crops or left ground idle, but employee shortages persist.''
  The labor force status quo is simply unsustainable for American 
agriculture. Clearly, this is not a situation that is going to be 
solved by granting permanent resident status to farmworkers. In fact, 
that is the opposite of what is needed.
  Granting permanent resident status to illegal farmworkers will not do 
anything to ensure that farmers and ranchers have access to the labor 
they need for years to come. It is shortsighted and does nothing to 
relieve employers or legal farmworkers of the unnecessary burdens and 
competitive disadvantage they face under the outdated H-2A program.
  Americans' food can be grown in other countries where land and labor 
are far cheaper. To ensure that our meat and produce continue to be 
grown in America and that our Nation's agricultural industry thrives in 
the global marketplace, the U.S. needs a flexible, workable, and fair 
guest worker program like the H-2C program established in the AG Act 
and contained in the legislation that we are debating right now.
  Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 1 minute to the gentleman from 
Minnesota (Mr. Ellison).
  Mr. ELLISON. Madam Speaker, let me thank the gentleman for yielding 
the time.
  Madam Speaker, I urge my colleagues to stand in full opposition to 
Securing America's Future Act, H.R. 4760.
  First of all, let me say that the only thing that the President's 
executive order shows is that he is willing to rip families apart 
unless it costs him politically. If there is a political price to pay, 
then he will back up and try to confuse what is really going on. But at 
the end of the day, this zero-tolerance policy is absolutely wrong and 
we have to end it now.
  Making unlawful presence a crime is probably a violation of 
international law. This bill makes it difficult, makes it impossible 
for people who are seeking asylum to come here and try to get their 
cases adjudicated. They are running, in many cases, from the most 
abominable situations imaginable. People should know that America is 
the kind of place you can come to if you are seeking refuge.

  Let me also say that this thing to build this wall, we will never 
allow that. We will never agree to that, and we will oppose it with 
everything we have because it is a symbol of hate and division.
  Mr. GOODLATTE. Madam Speaker, may I inquire how much time is 
remaining on each side.
  The SPEAKER pro tempore. The gentleman from Virginia has 8 minutes 
remaining. The gentleman from New York has 11 minutes remaining.
  Mr. GOODLATTE. Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 1 minute to the gentleman from 
California (Mr. Correa).
  Mr. CORREA. Madam Speaker, I thank the gentleman from New York, 
Congressman Nadler, for this opportunity to speak on this bill.
  Madam Speaker, I was hired to work across the aisle, to come to 
Washington to get things done, to fix problems. Earlier this month, we 
had a discharge petition that we needed two more signatures on that 
would have given us the opportunity here on this floor to vote on four 
immigration bills under the queen-of-the-hill rule. Essentially, that 
means that whatever bill gets more votes moves ahead.
  Among those four bills was Mr. Goodlatte's bill, and, of course, also 
one of those bills was the Aguilar-Hurd bill that was a product of both 
Democrats and Republicans coming together working on a solution.

                              {time}  1245

  Unfortunately, we weren't given the opportunity to vote on all these 
four bills. And the current bill on the floor today does not offer a 
pathway to citizenship for Dreamers. Of course, it does not address the 
current problem of reuniting children who are separated from their 
families.
  Madam Speaker, I ask today, my colleagues, please reject this 
legislation. And I ask the Speaker to give us the opportunity to vote 
on the Aguilar-Hurd bill.
  Mr. GOODLATTE. Madam Speaker, I yield 3 minutes to the gentleman from 
Idaho (Mr. Labrador), the chairman of the Immigration and Border 
Security Subcommittee of the Judiciary Committee.
  Mr. LABRADOR. Madam Speaker, I rise in strong support of H.R. 4760, 
the Securing America's Future Act. This bill provides the tools needed 
to enforce our immigration laws, secure our borders, and begin the 
process of reforming our legal immigration system while also ensuring a 
generous protection for DACA recipients.
  Enforcement remains the key to our system. Without enforcement, our 
laws have little effect. This bill targets criminal gangs, dangerous 
aliens, and the sanctuary policies that allow these public safety 
threats to thrive.
  The bill also provides a permanent solution for DACA recipients. They 
can apply to receive a 3-year, indefinitely renewable visa so they can 
live and work in the United States forever, as long as they abide by 
the laws. This permanent status gives DACA recipients more surety than 
President Obama's temporary program ever did.
  The bill will finally make good on our commitment to grant our 
growers and other workers a workable agricultural guest worker program. 
The lack of a reliable source of labor when an American workforce is 
simply not available is imperiling the future of American agriculture.
  The bill's H-2C program will be a true guest worker program that will 
allow the current agricultural workforce to participate on the same 
terms and conditions as any other worker around the world. The program 
is endorsed by the American Farm Bureau. It is a critical part of this 
bill.
  Finally, it closes the loopholes that have allowed fraud to destroy 
the integrity of our asylum system by raising the credible fear 
standard and sending a clear message that fraud and frivolity will not 
be tolerated in the United States.
  This is a good bill, and I encourage every Member to support it.
  Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from 
Michigan (Mrs. Lawrence).
  Mrs. LAWRENCE. Madam Speaker, I rise today in strong opposition to 
H.R. 4760, the Securing America's Future Act.
  Instead of working in a bipartisan manner, like open rules and 
committee hearings, Members of this body now must vote on two bills 
that will hurt immigrant families and communities by worsening the 
family separation crisis on the border and funding the divisive border 
wall.
  H.R. 4760 is a hardline anti-immigration bill that fails to provide a 
permanent path to citizenship for our Dreamers. It makes family 
reunification much more difficult. It provides $25 billion for the 
Trump wall. This is while we are going to be confronted with a farm 
bill that cuts food for starving and poor children in America. It would 
expand the family separation, and it harms children.

[[Page H5427]]

  Madam Speaker, this is not the America I know. This bill is nothing 
more than an attempt to appease the administration and the most extreme 
faction of the Republican Party.
  Mr. GOODLATTE. Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee), the ranking member of the Crime, Terrorism, 
Homeland Security, and Investigations Subcommittee.
  Ms. JACKSON LEE. Madam Speaker, it certainly saddens me to have to 
come call legislation harsh and cruel; for if there is anything that we 
should do in a bipartisan or, frankly, nonpartisan manner, it should be 
the complement to the Statue of Liberty, which, over the centuries, has 
been the standard-bearer of the values and virtues of this Nation.
  I am saddened that we have come to a point, having worked on the 
Judiciary Committee with outstanding leaders like my ranking member, my 
chairman, the subcommittee ranking, Ms. Lofgren, for many years on real 
immigration reform, here we are today.
  Let me tell you why I am opposed to this. It may be because I 
represent Americans, Americans who are in the 18th Congressional 
District in Texas. It may be because we are one of the most diverse 
cities--my mayor says the most diverse city--in the Nation. It may be 
that we have South Asians and Haitians. We have people from Eastern 
Europe. We have those, of course, who are Latino. We have those from 
the Caribbean, and Africans, and many, many more. We have those from 
Europe.
  Here is what this bill will do. It will quash any opportunity for mom 
and dad to bring in extended family members, citizen mom and dad to 
bring in their family members. It ends legal immigration and what we 
have called the values of America, family reunification.
  At the same time, the ugly name that has been given to diversity 
visas is not true. Those who come through the diversity visa for small 
countries--should we discriminate against small countries?--have the 
highest level of education and go into medicine and science and try to 
help.
  Then there is no relief for DACA. People who are military, 
paramedics, lawyers, teachers, we are dependent upon them, having grown 
up here, loving this Nation, pledging to the flag, pledging to the 
United States flag.
  Then, finally, let me say that it is a sin and a shame that we have 
such an administration.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. NADLER. Madam Speaker, I yield the gentlewoman from Texas an 
additional 30 seconds.
  Ms. JACKSON LEE. Then, as we have not done anything for DACA, we have 
not done anything for the children snatched away from their families, 
the children that I saw for 2 days on the border at Texas--Roger, who I 
held in my hands; maybe the 2-year-old like this--because what it does 
is it does nothing to reunite the children. It does nothing, after 20 
days, to be able to protect them, because the fake executive order does 
not go beyond 20 days.
  Frankly, we don't know where the 2,000 children are, and I know the 
values of the faith community in America are to reunite. I am saddened 
that we have this bill. I ask my colleagues to oppose this bill.
  Mr. GOODLATTE. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Barton).
  Mr. BARTON. Madam Speaker, I rise in support of the pending 
legislation before us. I believe it is very important that we show that 
we do want to address this issue, and I think the Goodlatte-McCaul bill 
does that in a humane way.
  Now, we have this issue of separation of children that has arisen at 
the border just in the last week or so. The Trump policy is not any 
different on paper than the Obama policy was. What is different is the 
way it has been covered, and President Trump has realized that 
something needs to be done differently and has signed an executive 
order yesterday to that effect.
  I personally think that we ought to go back to the original policy 
where, if you wanted political asylum, you applied at the embassy or 
the consulate in your home country. And if you bring your children, and 
you march them across the deserts of Mexico, and you bring them all the 
way to the Texas border, you do get a court hearing, but I would say 
that we give that court hearing back in their country of origin. And if 
we have to send them back at taxpayer expense, we deduct the cost from 
existing aid packages that we are giving to those home countries. That 
way, they don't have to come all the way to the Texas border or the 
California border or the Arizona border or the New Mexico border in 
order to get their day in court. They wait in their home country, and 
then they get their day in court there.
  Nobody wants to separate families, but it is the parents who bring 
the children with them. It is not the United States Government that is 
forcing those parents to try to come to this country illegally and 
bring their children.
  The Goodlatte bill funds border security. It begins to solve some of 
the issues of the lottery system. I personally think it is much better 
to have a merit-based immigration system than a lottery system where 
you just happen to, luck of the draw, get a come-into-the-United-States 
card.
  I think this is a good piece of legislation, and I hope we pass it 
this afternoon.
  Mr. NADLER. Madam Speaker, how much time is remaining, please?
  The SPEAKER pro tempore. The gentleman from New York has 6\1/2\ 
minutes remaining. The gentleman from Virginia has 4 minutes remaining.
  Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Judy Chu).
  Ms. JUDY CHU of California. Madam Speaker, I rise today in strong 
opposition to this cruel, anti-immigrant bill. This bill is so bad, 
they even want to destroy legal immigration to this country.
  For decades, our immigration laws were discriminatory, favoring 
Nordic and Western Europeans, restricting Italians and Jews, and 
banning the Chinese completely. Finally, in 1965, during the civil 
rights era, Senator Ted Kennedy ushered in a fair immigration system 
based on family reunification.
  Because this system brings families together, immigrant households 
are less likely to rely on public benefits. And immigrants are also 
buying homes and starting businesses at a faster rate.
  But now, with this bill, Republicans are trying to undo that progress 
and make America White again.
  Worse, they are tearing families apart to do this. While Trump and 
Republicans are ripping parents from children at the border, they are 
trying to do the same through our immigration laws. This war on 
families must stop.
  Mr. GOODLATTE. Madam Speaker, I continue to reserve the balance of my 
time.
  Mr. NADLER. Madam Speaker, this afternoon, the U.S. Chamber of 
Commerce sent an alert to Members of Congress that says the cuts to 
legal immigration in this bill are bad news for States.
  Madam Speaker, I yield 1 minute to the gentleman from California (Mr. 
Takano).
  Mr. TAKANO. Madam Speaker, I rise in strong opposition to the 
Securing America's Future Act. It is obscene to bring this deeply 
flawed bill to the floor when thousands of children have been ripped 
from their parents.
  Americans across the country are outraged over the Trump 
administration's actions to separate families at the border. And 
Trump's answer? An executive order that cages families indefinitely and 
will be immediately challenged in court.
  Unfortunately, this bill before us would do nothing to stop any of 
this. Instead, it criminalizes every undocumented man, woman, and child 
in this country and subjects them to the same cruel policy being played 
out at our border. It is shocking we are even considering this bill.
  Let's be on the right side of history. Let's stop tearing families 
apart. Let's stop caging people fleeing violence.
  I urge my colleagues to do the right thing and defeat this repugnant 
bill.
  Mr. GOODLATTE. Madam Speaker, I continue to reserve the balance of my 
time.
  Mr. NADLER. Madam Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Lee).

[[Page H5428]]

  


                              {time}  1300

  Ms. LEE. Madam Speaker, I thank the ranking member for yielding me 
the time and for his tireless advocacy.
  Madam Speaker, I rise in strong opposition to H.R. 4760. This is an 
anti-immigrant bill, plain and simple: It fails to provide a pathway to 
citizenship for Dreamers; it dismantles family immigration; it ends the 
important diversity visa lottery program; it funds $30 billion for 
Trump's border wall; and it fails to address the horrible zero-
tolerance policy.
  Why are we moving forward with a bill that does not address the 
malicious detention of families seeking asylum, a bill that does 
nothing to reunite the 2,300 children separated from their parents?
  These policies are really a disgrace and a stain on our country.
  Just imagine the horrors of these families fleeing violence, domestic 
abuse, but we are not providing refuge. No. Our government--our 
government--has been ripping children out of the arms of parents. We 
are holding kids in cages. And now the Trump administration wants to 
leave whole families, including young children, in jail for extended 
periods of time.
  Locking up kids is child abuse. It is a violation of their human 
rights. We must ensure that these children are reunited with their 
families.
  Madam Speaker, I urge my colleagues to vote ``no'' on this bill. And 
as my colleague Congresswoman Chu said, it is about making America 
White again.
  Mr. GOODLATTE. Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 1 minute to the gentleman from 
Texas (Mr. Al Green).
  Mr. AL GREEN of Texas. Madam Speaker, I thank the ranking member for 
yielding me the time.
  Madam Speaker, this bill does many things, but the one thing that it 
does not do is heal the wound in the soul of America. It does not 
provide a pathway for these babies to return home to their parents.
  This bill is about as bad as it can get if you care about what you 
see in this picture. Children should not become the tools of the trade 
for politicians.
  This bill will legitimize children as the tools of the trade. We 
cannot pass it. We should not pass it. We must rethink what we are 
doing to this country.
  Mr. NADLER. Mr. Speaker, how much time do I have remaining?
  The SPEAKER pro tempore (Mr. Holding). The gentleman from New York 
has from 2\1/2\ minutes remaining. The gentleman from Virginia has 4 
minutes remaining.
  Mr. NADLER. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman 
from California (Ms. Lofgren), the ranking member of the Immigration 
and Border Security Subcommittee.
  Ms. LOFGREN. Mr. Speaker, this bill is a step in the wrong direction 
in so many ways.
  I wish that we had had an opportunity to sit down, reason together, 
and come up with a plan that really serves our country. That didn't 
happen.
  Here is what the result was: The Chamber of Commerce has just 
reported that the Niskanen Center that they have relied on indicates 
that, if this bill became law, the U.S. would lose $319 billion in GDP. 
That would be the impact, according to the U.S. Chamber of Commerce, 
for adopting this bill.
  And I wonder what my colleagues on the other side of the aisle are 
really doing by turning every undocumented person in the United States, 
currently a civil law violation, into a crime. We are now creating 11 
million prosecution opportunities.
  At the same time, The Washington Post is just reporting, this is the 
headline: ``Trump Administration Will Stop Prosecuting Migrant Parents 
Who Cross the Border Illegally with Children, Official Says.''
  What are we doing here? We are doing a bill that would incarcerate 
families and children to pursue a policy that the administration now 
says they don't intend to pursue.
  Now, I don't have a lot of trust in the Trump administration because 
it changes daily.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the 
gentlewoman from California.
  Ms. LOFGREN. Mr. Speaker, I would urge my colleagues on the other 
side of the aisle to take a step back here.
  Your President has left you out on a limb. He just sawed that limb 
off for a bill that does damage to the country for a policy that he now 
has apparently abandoned. This is a ridiculous situation here.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, how much time do I have remaining?
  The SPEAKER pro tempore. The gentleman from New York has 30 seconds 
remaining.
  Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this bill is a harsh anti-immigrant package that fails 
to provide a pathway to citizenship for Dreamers and that fails to end 
family separation, while slashing legal immigration, crippling our 
agriculture industry, criminalizing undocumented immigrants, 
undermining public safety, and removing critical protection for 
families and children, all in one monstrous bill.
  Mr. Speaker, there is no justification for anyone voting for this 
bill. I urge my colleagues to oppose this legislation, and I yield back 
the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, first of all, this bill has been mischaracterized and 
was just again.
  This bill makes provisions for when the immigration service 
prosecutes somebody at the border. It doesn't tell them when to do 
that. So it is entirely incorrect to make that assertion.
  I see the conflicting news reports about what the intention of the 
administration is today on that issue, but that does not change the 
fact that that has nothing to do with the good measures in this bill 
that correct the problems that we are speaking about.

  The overwhelming majority of the American people want children to be 
with their parents, and I have just seen a poll a few minutes ago that 
shows that the overwhelming majority of them want those children 
detained with their parents, not to have the parents and the children 
released into the interior of the country where they never return for 
their hearing.
  That kind of open border policy that is supported by the advocates on 
the other side of the aisle is not good for America, and it is not good 
for sound immigration policy.
  We are a nation of immigrants. There is not a person in this room who 
can't go back a few generations or several generations and find someone 
in their family who immigrated to the United States. But we are also a 
nation of laws, and respect for the rule of law and following our legal 
immigration system is the foundation of our society.
  So, to me, when you say that it is not good enough to do better for 
the DACA recipients than Barack Obama did, where do you get that idea 
from?
  When you say that we are not a generous country with regard to 
immigration and that this is an anti-immigration bill when it sustains 
far more legal immigration than any other country on Earth, they are 
completely wrong.
  But at the same time that we do that and we promote that in this 
bill, good legal immigration policy and something fair for the DACA 
recipients, we must also have secure borders in our country, and we 
must give any administration, not just this one, the tools it needs to 
close the loopholes to secure the border and to end crazy programs like 
the visa lottery program that gives 55,000 green cards to people just 
based on pure luck. There are better things to do with those green 
cards to move to a merit-based immigration system.
  I urge my colleagues to support this important legislation, reject 
the negative ideas of the opposition, and move forward with a policy 
that does both something important for the DACA recipients but also 
secures America's national security interests and the interests of our 
citizens.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
yield back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today because we finally have the opportunity to 
secure our borders once and for all.

[[Page H5429]]

  Before coming to Congress, I was a counterterrorism prosecutor in the 
Justice Department. I saw the threats along our border firsthand.
  After getting elected to the House, the very first bill I introduced 
put an end to this catch-and-release system. Here we are in this 
Chamber 14 years later, and I am still fighting for it.
  Doing nothing should not be an option. As I have said before, it is 
time for Congress to act. Today, we have an historic opportunity to fix 
this problem once and for all with the Securing America's Future Act.
  Our legislation delivers on the President's four pillars, which I 
worked closely with him on. It secures the border by building a wall, 
ends chain migration and the diversity lottery, provides a rational 
DACA solution, and also deploys new technology and adds boots on the 
ground.
  We must move toward a moral, merit-based system and not a random 
system.
  This legislation also provides, Mr. Speaker, a legal solution that 
will keep families together when they cross the border illegally.
  Our bill brings a generational change that prevents us from 
revisiting these problems down the road.
  But this isn't just about closing loopholes and fixing broken laws. 
Border security is a national security issue. Violent gangs like MS-13, 
human traffickers and smugglers sneaking into our country infect our 
neighborhoods, and too many lives are at risk, and opioids come across 
the border.
  Unfortunately, the threats do not stop there. We know that 
international terrorists are trying to exploit our border. This was 
made clear from the materials found in bin Laden's compound and from 
propaganda outlets like Inspire magazine. The 9/11 Commission report 
even stated that predecessors to al-Qaida had been exploiting 
weaknesses in our border security since the 1990s.
  In April, Secretary Nielsen testified that ISIS has encouraged its 
followers to cross our southwest border, given the loopholes that they 
are also aware of. We must solve this problem, and we must solve it 
today.
  So, Mr. Speaker, I urge my colleagues to support this bill and give 
the American people the security that they have long demanded and 
deserve.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  I rise in strong opposition to H.R. 4760, a bill that doubles down on 
the President's cruel zero-tolerance policy. This harsh anti-immigrant, 
anti-American bill is the realization of the President's cruel 
immigration and border security rhetoric and policies.
  Remember when the Republican Party used to say it was the party of 
family values? H.R. 4760 is focused on families, but not in a good way. 
It is focused on separating families, incarcerating families, and 
eliminating pathways for family-based immigration.
  Remember when the Republican Party used to say it was the party of 
law and order? Well, it does take action with respect to local law 
enforcement, but not in a good way. It would withhold Homeland Security 
and other law enforcement grants from so-called sanctuary cities that, 
for the purpose of public safety, seek to foster trust from immigrant 
communities.
  Law enforcement officials across the country oppose this provision 
because it would make their communities less safe. For example, Latinos 
in three major cities have been reporting fewer crimes since President 
Trump took office, particularly as it relates to domestic violence and 
sexual assault.
  Finally, remember when the Republican Party used to say it was the 
party of fiscal discipline? Well, no more.

                              {time}  1315

  If enacted, H.R. 4760, would require billions of taxpayers' dollars 
to be wasted on the President's border walls, which I seem to recall 
hearing that it will be paid for by the Mexican Government. Now they 
want the taxpayers of America to pay for it.
  It also waives the paygo scorecard. So now you pull a hat trick. You 
spend the money, but you don't score it. So, ultimately, it won't show 
up in our budget numbers. Shame on you.
  With that, Mr. Speaker, I urge a ``no'' vote on H.R. 4760, and I 
reserve the balance of my time.
  The SPEAKER pro tempore. Members are reminded to refrain from 
engaging in personalities toward the President.
  Mr. McCAUL. Mr. Speaker, I yield 2 minutes to gentlewoman from 
Arizona (Ms. McSally), the chair of the Subcommittee on Border and 
Maritime Security.
  Ms. McSALLY. Mr. Speaker, I thank the chairman for his years of hard 
work on this issue to secure our border.
  Mr. Speaker, I rise today in support of H.R. 4760, the Securing 
America's Future Act. As one of only nine Members of Congress who 
represent communities along our southern border, and as the Border and 
Maritime Security Subcommittee chair, I have witnessed firsthand the 
security threats we face from an unsecure border and the dysfunctions 
of our immigration system.
  Since I came to Congress, I have been working passionately to protect 
Arizonans from the public safety threats that accompany a porous 
border, and to start to fix a dysfunctional immigration system.
  This bill which we have been tirelessly working on since September 
last year, along with Chairman McCaul, Chairman Goodlatte, and 
Congressman Labrador, represent an important step to keep our country 
safe by securing the border, including building the wall, closing many 
legal loopholes, ending chain migration, ending the visa lottery, 
cracking down on sanctuary cities and MS-13 gangs, and providing a 
legislative solution to the DACA population that is reasonable and fair 
and doesn't incentivize more illegal activity in the future.
  This is the first legislation on these topics in the House that 
President Trump has supported, and we worked very closely with the 
administration in the process to propose this thoughtful solution to 
fix these very real and complex security and economic challenges.
  Like many pieces of legislation though, this bill is not perfect. 
There are many improvements, such as the guaranteed funding mechanism 
for border security, including the wall, and other technical 
corrections that we worked on over the last 6 months that I sure would 
have liked to have seen in this version of the bill on the floor.
  Nonetheless, I strongly support passage of this legislation as the 
first significant proposal to solve these very serious issues that 
continue to impact communities in Arizona and the rest of the country.
  I remain ready to lead and help deliver legislation to the 
President's desk that he can sign into law. I would urge our 
colleagues, especially on the other side of the aisle, who say they 
care about border security and DACA recipients, to not play politics 
and vote ``yes'' on this bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1\1/2\ minutes to 
the gentlewoman from Florida (Mrs. Demings), the retired chief of 
police of Orlando, Florida.
  Mrs. DEMINGS. Mr. Speaker, during my 27 years in law enforcement, I 
fought many threats to our families. But today, I have to say that I am 
ashamed that our leaders now say that those families are the threat.
  Families seeking asylum are not a threat. Toddlers and children at 
the border are not a threat. Dreamers who are brought here as young 
children, both of us know, are not a threat.
  Mr. Speaker, I ask: Why is it so easy to reject those who we believe 
are different from us? We will not allow this administration to make 
America a country that only accepts the rich and well-connected. When 
we know better, we are supposed to do better.
  And so I urge my colleagues on the other side of the aisle, you are 
right, let's stop playing politics. Let's do better and reject this 
dangerous piece of legislation.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the gentleman from 
Louisiana (Mr. Higgins), a member of the Homeland Security Committee.
  Mr. HIGGINS of Louisiana. Mr. Speaker, I rise today in support of 
H.R. 4760, the Securing America's Future Act of 2018. I am a cosponsor 
of this legislation. I remind all of my colleagues that a sovereign 
nation cannot stand without sovereign borders.
  I remind my colleagues on both sides of the aisle that we are 
Representatives of citizens of the 50 sovereign

[[Page H5430]]

States of America. We have not been elected by citizens of Mexico or 
Nicaragua or El Salvador.
  We represent American interests. This is an America-first bill that 
secures America's southern border.
  Mr. Speaker, I urge all of my colleagues to embrace their oath and to 
recognize their service to these citizens that depend upon sound, 
decisive measures from this body.
  Mr. THOMPSON of Mississippi. Mr. Speaker, we all recognize the 
sovereignty of our country, but we also recognize its diversity, and we 
all are immigrants. So let's get over it.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from New York 
(Miss Rice).
  Miss RICE of New York. Mr. Speaker, it is a shame that we are wasting 
our time today on two bills that are harmful and hyperpartisan when we 
all know that the USA Act, introduced by Representatives Aguilar and 
Hurd, have the votes to pass on this House floor.
  This bipartisan solution would finally provide our Dreamers, college 
students, veterans, servicemembers, and business owners with the status 
and certainty that they have long deserved. The USA Act would also 
effectively secure our borders without wasting taxpayer money on a wall 
that would not make us any safer.
  The bills being considered today are simply not what most Americans 
want. They deny Dreamers a path to citizenship. They abandon our 
obligation to protect those fleeing persecution and violence. And they 
do nothing to reunite the families who have already been torn apart by 
the Trump administration.
  Mr. Speaker, I urge you to do the responsible thing, to finally 
govern, and allow the bipartisan USA Act to come to the floor.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the gentleman from 
Kansas (Mr. Estes), a member of the Homeland Security Committee.
  Mr. ESTES of Kansas. Mr. Speaker, I rise today in support of H.R. 
4760, Securing America's Future Act.
  Mr. Speaker, our immigration system is broken. For decades, 
administrations have offered temporary fixes or chosen to not enforce 
certain provisions of the law. However, the election of President Trump 
shows a clear desire by the American people to fix our broken 
immigration system and secure our border.
  The Securing America's Future Act addresses these issues and provides 
needed solutions. The bill secures our border by authorizing a wall, 
providing new border technology, and putting more boots on the ground.
  The bill refocuses legal immigration on skills that are needed by 
ending the visa lottery program and chain migration. It also prevents 
future illegal immigration by mandating E-Verify for employers and 
cracking down on sanctuary cities.
  Important for my State of Kansas, this bill includes H-2C 
agricultural visas which allows people to come work and provide the 
skills our farmers need.
  Finally, this bill gives stability to children brought here illegally 
by providing a renewable legal status as long as recipients pay taxes 
and obey the law, without providing a special path to citizenship 
because no one should get to jump the line.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1\1/2\ minutes to 
the gentlewoman from Houston, Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the distinguished gentleman for 
yielding the time.
  I would offer to say that those Guatemalan Americans, El Salvadoran 
Americans, those Americans from the country of Mexico, and others who 
serve in the United States military, certainly reflect the diversity of 
this Nation.
  I would offer to say that, sadly, this is the image that is America 
today. It is not the Statue of Liberty. I stand to oppose this bill 
because I know, as a member of the Homeland Security Committee, we had 
a plan that was bipartisan that would provide for border security that 
included technology and barriers.
  Now, we have succumbed to a process which every good-thinking person 
has to oppose, including the business community. Law enforcement 
opposes this legislation, in particular, because it makes communities 
less safe.
  Just this week a Texas sheriff's deputy was arrested for sexually 
assaulting a 4-year-old girl and threatening to deport the undocumented 
mother if she reported the claim. Good law enforcement officers 
understand that they need to have people report the crime.
  We know that it was an immigrant, a researcher, who helped us get the 
polio vaccine.
  Finally, young people who now are coming to this country, snatched 
away from their parents, unaccompanied youngsters as well, will no 
longer have the protections of the special immigrant juvenile status. 
It strips crucial protections for abused, abandoned, and neglected 
children by limiting their ability to access special immigrant juvenile 
status.
  This bill is a bad bill. It is not an immigration bill. It is a bad 
bill and it really is not for the American people.
  Mr. McCAUL. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Arizona (Mrs. Lesko), the newest member of the Homeland Security 
Committee.
  Mrs. LESKO. Mr. Speaker, I rise today in support of H.R. 4760, the 
Securing America's Future Act, vital legislation to the State of 
Arizona. My constituents back home know all too well how desperately we 
need our borders secured. I signed on as a cosponsor of this bill 
because it will fund a wall and other protective infrastructure, close 
the gaping loopholes in our immigration laws, and finally secure our 
southern border, ending this problem once and for all.
  It is disappointing that with all of the rhetoric coming from my 
colleagues across the aisle, they still refuse to come to the 
negotiating table and work toward a legislative solution.
  Our broken immigration system cannot continue to be ignored. I want 
to thank Chairman McCaul and Chairman Goodlatte for their work on this 
much-needed legislation, and I urge all of my colleagues to support 
this bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time.
  Mr. Speaker, as you heard, H.R. 4760 is fatally flawed. We are here 
only today debating it because the Republican leadership was 
essentially extorted by extremists within its ranks.
  Instead, we should be here debating legislation to give Dreamers a 
path to citizenship. We should be here debating legislation to give 
safe haven to refugees from Haiti, El Salvador, Sudan, and Nicaragua.
  We should be here debating a measure to end zero tolerance and family 
separation. Even before the Trump administration created this family 
separation crisis, America's image was suffering the effects of the 
Trump slump due to the President's inflammatory and cruel immigration 
and border security policies and rhetoric.
  In fact, last June, the Pew Research Center released an international 
survey that concluded that sentiment regarding the U.S. had taken a 
dramatic turn for the worse.
  What the President and supporters of H.R. 4760 do not understand is 
that what makes America great is its people, both native-born and 
immigrants.
  Let's send a message to the President that we know what makes America 
great. Let's defeat H.R. 4760.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Members are reminded to refrain from 
engaging in personalities toward the President.
  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Let me say, this is a historic opportunity to get something done that 
we probably haven't gotten done in 25 years. But let me first say that 
I am a father of five children.
  I have been down to the detention centers and seen these kids down 
there, these babies. From a human standpoint, it is one of the most 
horrible experiences I have had in my lifetime.
  Let me say this, Mr. Speaker: this bill protects our children. It 
protects our children because it provides a deterrent for them not to 
come here in the first place. It also keeps families together and 
doesn't separate them, as current law dictates. Current law dictates 
this, if we don't change the law.
  Let me also add, I talked to the Secretary today and 10,000 of these 
12,000 children who are in the detention centers came without their 
parents. And

[[Page H5431]]

who were their guardians: the drug traffickers, the smugglers, and the 
coyotes, as they made the dangerous journey from Central America all 
the way up through Mexico and into the United States.

                              {time}  1330

  I have seen horrors of that, and this bill will provide the 
deterrence to stop that from happening because, as we know, they are 
abused on the way up that journey. They are abused physically and 
sexually and demoralized and recruited. That has to stop, and, Mr. 
Speaker, this bill will stop that.
  Mr. Speaker, I urge my colleagues to support it, and I yield back the 
balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong opposition of H.R. 
4760, the ``Securing America's Future Act of 2018.''
  H.R. 4760 is a DREAM Killer Bill that fails to fix our nation's 
fractured immigration system.
  This bill slashes legal immigration, it cripples our agricultural 
industry, criminalizes undocumented immigrants, undermines our public 
safety, and denies critical protections for children and families.
  H.R. 4760 withholds grants from communities implementing community 
trust policies that limit law enforcement officials questioning an 
individual's immigration status.
  This Republican-sponsored bill forces local governments to comply 
with Trump's mass deportation agenda, despite Republican's historic 
demands that the federal government stay out of people's lives.
  My colleagues and I will never vote in favor of a bill that 
perpetuates the administration's mass deportation agenda, especially in 
light of the human rights violations we are currently witnessing at our 
U.S.-Mexico border.
  When I visited the border this past weekend, what I witnessed was 
horrific. It was not the America that I know and love.
  Since early May, more than 2,300 children have been separated from 
their parents.
  By playing the blame game and putting the burden on Congress to fix 
what President Trump alone has started, the Administration issued an 
Executive Order yesterday that pretends to open the door for a halt of 
his intentionally barbaric policy of separating families intended to 
deter people from attempting to cross the border.
  The new policy detains entire families together, including children, 
but ignores legal time limits on the detention of minors.
  The President is ignoring the immigration laws that set the precedent 
on this arena.
  The Flores Settlement, issued in 1997, was the result of a class 
action lawsuit filed on behalf of immigrant children in the U.S. 
District Court for the Central District of California.
  It requires the government to release children from immigration 
detention without unnecessary delay to parents, relatives, or those 
willing to accept custody.
  It also mandates that the government cannot keep children in 
detention for over 20 days.
  Trump's executive order is in direct violation of the Flores 
agreement by allowing children to be detained for well-over 20 days.
  H.R. 4760 is a politically motivated bill intended to spread the 
false narrative that immigrants are criminals, liars, and job stealers 
who are somehow a drain on our society and deserving of punishment.
  Nothing could be further from the truth.
  Many of our nation's most beloved and respected figures that are even 
taught about in schools, were immigrants.
  H.R. unfairly and unnecessarily subjects immigrants to lengthy 
criminal sentences, as well as excessive detention and unreasonable 
scrutiny.
  The restrictive features of the bill--including asylum provisions, 
cancelling the applications of 3 million people waiting to immigrate 
legally, and permanent reductions in legal immigration--we are told are 
a small price to pay to help Dreamers gain a pathway to citizenship.
  However, this is not the case.
  The CATO Institute recently reported that 82 percent of Dreamers 
would not even benefit from this bill's citizenship path.
  H.R. 4760 does not provide a pathway to citizenship for Dreamers; 
instead, it denies Dreamers the coveted American Dream.
  Mr. Speaker, I stand in strong opposition to H.R. 4760, the 
``Securing America's Future Act of 2018.''
  This bill offers minimal protections for Dreamers in exchange for 
implementing Trump's mass deportation plan.
  It includes a litany of bad proposals from the House Judiciary 
Committee.
  It eliminates most family-based immigration categories, as well as 
the diversity visa program.
  It mandates the use of E-Verify on a nationwide basis, thereby 
crippling industries such as agriculture, restaurants, hotels, 
construction, and many others.
  It purports to address concerns in the agricultural industry. But its 
solution is to replace the 1 to 1.5 million undocumented farmworkers in 
this country with an army of guest workers at drastically depressed 
wages.
  This would undermine the wages and working conditions on farms and a 
host of other sectors (like forestry, logging, and food processing) 
that employ many U.S. workers and have never been considered 
agriculture.
  It subjects each and every undocumented immigrant over the age of 18 
to criminal prosecution by making it a crime to be here without 
immigration status.
  This would effectively turn most undocumented immigrants--including 
the parents of the Dreamers the bill purports to help--into criminals 
overnight.
  It undermines our asylum system by establishing impossibly high 
evidentiary burdens and denying asylum to those that travel through 
``so-called'' safe third countries.
  It removes critical protections for unaccompanied children and 
creates a scheme to swiftly remove them without an opportunity to see a 
judge.
  It also abolishes important child safety protections for children 
traveling with their parents.
  No Path to Citizenship: In exchange for all of the above, and much 
more, the bill offers no path to citizenship.
  Instead, it creates a renewable ``contingent nonimmigrant'' status 
that would perpetually deny Dreamers the American Dream.
  Dead on Arrival: We are only voting on this bill to appease members 
of the House Freedom Caucus.
  A similar bill offered by Senator Grassley only received 39 votes in 
the Senate.
  The bill is simply too extreme for many Republicans, as indicated by 
letters of opposition from right-leaning groups such as the U.S. 
Chamber of Commerce, the Koch-brothers funded LIBRE Initiative, and the 
CATO Institute.
  Expands Family Separation: The Trump/Sessions zero-tolerance 
prosecution policy is fueling the wave of family separation at the 
border.
  This bill doubles down on the use of criminal prosecution by making 
unlawful presence a misdemeanor, or a felony under many circumstances.
  This would exponentially increase family separation in the interior, 
as it transforms non-violent, civil immigration violations into 
criminal offenses.
  The result would be the arrest, conviction, and detention of millions 
of immigrants.
  Harms Children: Republicans will likely argue that this bill treats 
unaccompanied alien children (UACs) from Central American like those 
from Mexico and therefore does nothing more than remedy a loophole in 
the law.
  But in fact, this bill removes basic protections for all UACs. Among 
other things, the bill: removes protections for young children aged 13 
and under, as well as children with disabilities; eliminates an 
existing provision allowing limited government funding for counsel for 
UACs, relegating many children to appear in immigration court without 
legal representation; requires DHS to investigate and remove all 
potential UAC sponsors. This would both disincentivize sponsors from 
coming forward to claim children and overburden state foster care 
systems:
  eliminates the ability for all UACs to first present their asylum 
claims to specially trained USCIS asylum officers in a non-adversarial 
setting. UACs would instead be required to present their claims in open 
court to an immigration judge, opposite a trained ICE trial lawyer, and 
likely without legal representation; and
  strips crucial protections for abused, abandoned and neglected 
children by limiting their ability to access Special Immigrant Juvenile 
status.
  Makes Communities Less Safe: The bill withholds DHS grants and other 
law enforcement grants from communities that implement community trust 
policies that limit or restrict law enforcement questioning of an 
individual's immigration status.
  Although Republicans often demand that the federal government stay 
out of people's lives, the bill forces local governments to cooperate 
with Trump's mass deportation agenda.
  Republicans have long sought to turn ``sanctuary cities'' into a 
pejorative term, but studies show that such jurisdictions have 
``statistically significantly lower'' criminal activity compared to 
other jurisdictions.
  Law enforcement officials across the country oppose these provisions 
because it would make their communities less safe.
  For example, Latinos in three major cities have been reporting fewer 
crimes since Trump took office, particularly as it relates to domestic 
violence and sexual assault.
  Just this week, a Texas sheriff's deputy was arrested for sexually 
assaulting a 4-year-old girl and threatening to deport the undocumented 
mother if she reported the crime.
  If enacted, the bill would supercharge Trump's deportation agenda, 
thereby turning undocumented immigrants into prey for criminals.
  Destabilizes Agriculture: The bill mandates E-Verify use nationwide, 
despite the reliance

[[Page H5432]]

on undocumented immigrants by several large sectors of the U.S. 
economy.
  To address labor concerns in agriculture and various other 
industries, the bill creates a massive new guestworker program in which 
undocumented farmworkers may purportedly participate.
  But the bill's unrealistic and anti-worker provisions would have 
devastating impacts on those workers, as well as similarly situated 
U.S. workers and employers.
  Among other things, the bill provides status to undocumented 
farmworkers through a ``report to deport'' guestworker program that 
requires them to first leave the country--including their homes and 
families--with no assurance that they would be able to return.
  Few would participate in such a program.
  The guestworker program would eventually result in millions of 
guestworkers in the country, and all would be paid at far-below market 
wages.
  This combination would have devastating impacts on the labor market--
not only in agriculture, but in other covered industries such as 
logging, forestry, and food processing.
  Given what Republicans often say about the need to protect U.S. 
workers, we cannot see why they would support this bill.
  Fails to Fix the Broken System: The bill fails to repair our 
fundamentally broken immigration system.
  H.R. 4760 is simply a politically motivated bill intended to 
propagate the fiction that immigrants are criminals, liars, and job 
stealers who are somehow a drain on our society and need to be 
punished.
  Nothing could be further from the truth. Immigrants generally play a 
positive role in our society, and this bill unfairly and unnecessarily 
subjects them to lengthy criminal sentences, as well as excessive 
detention and unreasonable scrutiny.
  Republicans have long championed their identity as the ``Party of 
Lincoln,'' but this bill proves that they have clearly become the 
``Party of Trump.''
  Trump champions nativist fear-mongering, relies on alternative facts, 
and seeks to send America back to the dark ages of isolationism and 
cultural in-fighting.
  This is the wrong direction for our country.
  Family Immigration Led To John Tu's Billion Dollar Company.
  John Tu created wealth, shared that wealth with his employees and 
demonstrated people can achieve the American Dream while also 
fulfilling the dreams of others.
  Immigrant entrepreneurs possess relatively few options for starting a 
business and remaining in the United States.
  There is no startup visa that allows individuals to receive permanent 
residence specifically for starting a business.
  Once someone acquires permanent residence (a green card) he or she 
has the freedom to start a business in America.
  That is why the stories we hear about successful foreign-born 
entrepreneurs come almost exclusively from individuals sponsored by an 
employer or family member.
  John Tu is a great example of this.
  John Tu (No. 87 on the Forbes 400 list) was born in China in 1941, 
where he lived with his parents and sisters.
  He describes himself as a mediocre student unable to attend the best 
Chinese colleges.
  He was denied a visa to the United States and instead applied to a 
college in Germany, where in 1978 he earned a degree in electrical 
engineering.
  ``My dream of coming to the United States persisted,'' said John in 
testimony before the Senate Subcommittee on Immigration.
  He recalled visiting his sister, who was living in Boston.
  She had come to America as a student and married a U.S. citizen born 
in Taiwan. That trip reignited his dreams.
  ``My experience brought me to the conclusion that in the U.S. one can 
be anything he wants. I decided right then that I would find a way to 
make my home in America.''
  His sister, who became a U.S. citizen, sponsored John for immigration 
through the immigrant preference category for the siblings of U.S. 
citizens.
  As someone willing to take a chance on a new country, it's not 
surprising John Tu quickly became an entrepreneur.
  He started a one-man gift shop in Arizona, where his sister had moved 
to, and sold collectables imported from China.
  A few years later, John ventured into commercial real estate, 
eventually buying a condominium in Los Angeles.
  In California, he met David Sun, his future business partner, who 
also was born in China.
  In 1982, John Tu and David Sun started a computer hardware company 
called Camintonn Corporation.
  They later sold the company to AST Research, with each man earning 
about $1 million.
  But a year later, John and David lost almost everything.
  Their broker, a trusted friend, invested poorly, which caused their 
savings to be nearly wiped out in the October 1987 stock market crash.
  John Tu and David Sun picked themselves up and did what entrepreneurs 
do best--they started another business.
  Their new company, Kingston Technology, sought to fill a niche in the 
marketplace for computer memory products.
  ``Kingston soon began developing memory products for a variety of PCs 
and thriving beyond either of our expectations.
  It is ironic that from the biggest financial failure came my most 
successful venture,'' said John.
  The company grew to over 500 U.S. employees and by 1996 was valued at 
$1.5 billion.
  Not surprisingly, this attracted the interest of buyers. That year, 
John and David sold 80 percent of Kingston to Japan-based Softbank 
Corp.
  While the sale initially made news, it is what John Tu and David Sun 
did with the proceeds that generated worldwide attention: The two men 
set aside $100 million in profits from the sale and awarded bonuses to 
their American employees, something virtually unheard.
  In many cases, the bonuses ranged from $100,000 to $300,000.
  This decision changed the lives of those working at Kingston, 
allowing many to fund dreams for themselves and their children.
  ``The bonus meant a great deal to the employees, for some it meant 
ridding themselves of debt, for others a down payment on a house, and 
for one person the opportunity to return to college and finish his 
education,'' said Kingston employee Gary McDonald.
  He decided to use the bonus money to fund schooling and assistance 
for his four children, two of whom had special needs, including one 
with autism.
  ``Without the bonus it would have been much more of a financial 
struggle,'' he said.
  Fate intervened and in July 1999, for business reasons, Softbank 
decided to sell its 80 percent share in Kingston back to John Tu and 
David Sun for less than half of the original sale price.
  Today, Kingston is ``the world's largest independent manufacturer of 
memory products,'' according to the company.
  Kingston employs more than 3,000 people around the world and 
maintains its headquarters in Fountain Valley, California. It has 
garnered a number of awards, including Fortune magazine's list of the 
``Best Companies to Work for in America.'' John and his company 
Kingston contribute to many charitable causes.
  An Immigrant And An Immigrant's Son Saved Americans From Polio.
  Polio struck future presidents and poor children alike, becoming an 
epidemic that consumed Americans throughout much of the 20th century.
  Immigrant Albert Sabin and the son of an immigrant, Jonas Salk, 
developed the vaccines that ended polio as a threat to Americans.
  Neither Salk or Sabin--or their life-saving Polio vaccines--would 
have been in America if not for family immigration.
   ``Without Sabin and Salk, American children would continue to be 
paralyzed for life by polio,'' Michel Zaffran, director of polio 
eradication at the World Health Organization, said in an interview. 
``Their contribution is quite simply immeasurable.''
  Americans today do not consider polio a threat. That was not always 
the case.
   ``No disease drew as much attention, or struck the same terror, as 
polio,'' according to David Oshinsky, author of the Pulitzer 
Prizewinning book Polio: An American Story.
  ``Polio hit without warning. There was no way of telling who would 
get it and who would be spared.
  It killed some of its victims and marked others for life, leaving 
behind vivid reminders for all to see: wheelchairs, crutches, leg 
braces, breathing devices, deformed limbs.''
  Franklin Delano Roosevelt, who used a wheelchair throughout his 
presidency, is the most famous victim of polio.
  But at its approximate height, in 1949, around 40,000 cases were 
reported in America, according to Oshinsky.
  In San Angelo, Texas, one out of every 124 residents contracted the 
disease, resulting in 24 deaths and 84 cases of permanent paralysis, 
affecting mostly children.
  Cases of polio first appeared in the U.S. in the 1800s.
  The invention of the electron microscope in the 1930s allowed 
researchers to see the virus that causes the polio infection, which is 
spread through fecal waste, from one person to another, by hand, food, 
water and other methods.
  When Albert Sabin was born in Poland in 1906, Americans could not 
have known this Polish infant would someday grow up and change their 
lives.
  ``When he was 15, his family came to the United States to escape the 
murderous pogroms [against Jews] that erupted there following World War 
I,'' according to David Oshinsky.
  ``The Sabins settled in Paterson, New Jersey, an immigrant textile 
center, where his father took a job as a weaver. Fluent in Polish and 
German, but knowing no English, Sabin was tutored by a cousin who 
encouraged him to avoid the dead-end life of the silk mills by getting 
an education.''
  Sabin did well in high school, while working to help support the 
family, and accepted an offer from an uncle who offered to pay his 
college tuition if he agreed to join him as a dentist.
  Albert did not enjoy studying dentistry and lost his uncle's 
financial support.

[[Page H5433]]

  In a great example of mentoring, the well-regarded New York 
University (NYU) professor William Hallock Park, a bacteriologist, saw 
something in Sabin and arranged for a scholarship.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 954, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, I have a 
motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?
  Ms. MICHELLE LUJAN GRISHAM of New Mexico. I am opposed in its current 
form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Ms. Michelle Lujan Grisham of New Mexico moves to recommit 
     the bill H.R. 4760 to the Committee on the Judiciary with 
     instructions to report the same back to the House forthwith 
     with the following amendment:
       In section 1, in the heading, strike ``; table of 
     contents''.
       In subsection (a) of section 1, strike the enumerator and 
     the heading.
       Strike subsection (b) of section 1 and all that follows 
     through the end of the bill, and insert the following:

     SEC. 2. DEFINITIONS.

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

     SEC. 2. 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 shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     under this Act.
       (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 the date that is 4 years before the 
     date of the enactment of this Act;
       (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) 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) three 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; and

       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has earned a high school diploma or a commensurate 
     alternative award from a public or private high school, or 
     has obtained a general education development certificate 
     recognized under State law or a high school equivalency 
     diploma in the United States; or
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

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

       (2) Waiver.--With respect to any benefit under this Act, 
     the Secretary may 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)) for 
     humanitarian purposes or family unity or if the waiver is 
     otherwise in the public interest.
       (3) Treatment of expunged convictions.--An expunged 
     conviction shall not automatically be treated as an offense 
     under paragraph (1). 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, the Secretary determines that the 
     alien should be eligible for cancellation of removal, 
     adjustment to permanent resident status on a conditional 
     basis, or other adjustment of status.
       (4) DACA recipients.--The Secretary shall cancel the 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence on a conditional basis, an 
     alien who was granted DACA unless the alien has engaged in 
     conduct since the alien was granted DACA that would make the 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     under this section to pay a reasonable fee that is 
     commensurate with the cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (6) Submission of biometric and biographic data.--The 
     Secretary may not grant an alien permanent resident status on 
     a conditional basis under this section unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary. The Secretary shall 
     provide an alternative procedure for aliens who are unable to 
     provide such biometric or biographic data because of a 
     physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and

[[Page H5434]]

       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary grants 
     such alien permanent resident status on a conditional basis 
     under this section.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis under this section shall 
     undergo a medical examination.
       (B) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under such Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under subsection (b)(1)(A) if the alien has departed from the 
     United States for any period exceeding 90 days or for any 
     periods, in the aggregate, exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       (d) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who appears prima facie eligible for 
     relief under this section.
       (2) Aliens subject to removal.--The Secretary shall provide 
     a reasonable opportunity to apply for relief under this 
     section to any alien who requests such an opportunity or who 
     appears prima facie eligible for relief under this section if 
     the alien is in removal proceedings, is the subject of a 
     final removal order, or is the subject of a voluntary 
     departure order.
       (3) Certain aliens enrolled in elementary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements under subparagraphs (A), 
     (B), and (C) of subsection (b)(1), subject to paragraphs (2) 
     and (3) of such 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 
     under this Act.

     SEC. 3. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL 
                   BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 8 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this Act 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 3(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), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--An alien 
     whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     and who had temporary protected status under section 244 of 
     the Immigration and Nationality Act (8 U.S.C. 1254a) 
     immediately before receiving or applying for such permanent 
     resident status on a conditional basis, as appropriate, may 
     not return to such temporary protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for such temporary 
     protected status.

     SEC. 4. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this Act 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 3(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the alien's residence in the United 
     States; and
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, 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 3(b)(1)(D)(iii), shall not count toward 
     the time requirements under this clause.
       (2) Hardship exception.--
       (A) In general.--The Secretary shall remove the conditional 
     basis of an alien's permanent resident status and grant the 
     alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (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 an alien's permanent resident status 
     granted under this Act may not be removed unless the alien 
     demonstrates that the alien satisfies the requirements under 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require aliens applying 
     for lawful permanent resident status under this section to 
     pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and

[[Page H5435]]

       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as a 
     result of unreimbursed medical expenses incurred by the alien 
     or an immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary removes 
     the conditional basis of the alien's permanent resident 
     status.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.

     SEC. 5. 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 3(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 5(a)(1)(B), the alien may submit 
     documents to the Secretary, including--
       (1) employment records that include the employer's name and 
     contact information;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) records of service from the Uniformed Services;
       (4) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (5) passport entries;
       (6) a birth certificate for a child who was born in the 
     United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (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) two 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 3(b)(1)(B) that an alien 
     was younger than 18 years of age on the date on which the 
     alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       (1) an admission stamp on the alien's passport;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       (4) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       (5) rent receipts or utility bills bearing the alien's name 
     or the name of an immediate family member of the alien, and 
     the alien's address;
       (6) employment records that include the employer's name and 
     contact information;
       (7) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (8) a birth certificate for a child who was born in the 
     United States;
       (9) automobile license receipts or registration;
       (10) deeds, mortgages, or rental agreement contracts;
       (11) tax receipts;
       (12) travel records;
       (13) copies of money order receipts sent in or out of the 
     country;
       (14) dated bank transactions;
       (15) remittance records; or
       (16) insurance policies.
       (d) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien 
     shall submit to the Secretary a document from the institution 
     of higher education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (e) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       (f) Documents Establishing Receipt of High School Diploma, 
     General Educational Development Certificate, or a Recognized 
     Equivalent.--To establish that an alien has earned a high 
     school diploma or a commensurate alternative award from a 
     public or private high school, or has obtained a general 
     educational development certificate recognized under State 
     law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       (1) a high school diploma, certificate of completion, or 
     other alternate award;
       (2) a high school equivalency diploma or certificate 
     recognized under State law; or
       (3) evidence that the alien passed a State-authorized exam, 
     including the general educational development exam, in the 
     United States.
       (g) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the alien 
     shall submit school records from the United States school 
     that the alien is currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (h) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under section 3(b)(5)(B) or 5(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

[[Page H5436]]

     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 one of the 
     criteria for the hardship exemption set forth in section 
     5(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 5(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. 6. RULEMAKING.

       (a) Initial Publication.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this Act in the Federal 
     Register. Such regulations shall allow eligible individuals 
     to immediately apply affirmatively for the relief available 
     under section 3 without being placed in removal proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to subsection (a) shall be effective, on an interim 
     basis, immediately upon publication in the Federal Register, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment.
       (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 Act.
       (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 Act.

     SEC. 7. CONFIDENTIALITY OF INFORMATION.

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

     SEC. 8. 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).

  Ms. MICHELLE LUJAN GRISHAM of New Mexico (during the reading). Mr. 
Speaker, I ask unanimous consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman is 
recognized for 5 minutes in support of her motion.
  Ms. MICHELLE LUJAN GRISHAM of New Mexico. Mr. Speaker, this is the 
final amendment to the bill, which will not kill the bill or send it 
back to committee. If adopted, the bill will immediately proceed to 
final passage, as amended.
  When DACA was terminated in September, this Chamber promised hundreds 
of thousands of young people and the American public that we would have 
a public debate and vote to protect Dreamers. We gather here today, 
instead, to vote on legislation that fails to protect these young 
people, radically changes our immigration laws, and derails the 
bipartisan queen-of-the-hill effort that would give us a solution.
  H.R. 4760 is a hyperpartisan, sweeping bill which would fundamentally 
change our legal immigration system and negatively impact our economy, 
which is why it is opposed by the majority of the Republican 
Conference, faith groups, businesses, chambers, and, quite frankly, 
everyone in between.
  If enacted, these policies would undermine local law enforcement, 
hurt businesses, and rip apart communities through mass deportation, 
while telling hundreds of thousands of American Dreamers that they can 
only be a guest in the only country most of them have ever known, but 
that they will never truly be American.
  The truth is that this bill is a poison pill-ridden effort that does 
nothing to get us closer to passing a bipartisan, narrow, and targeted 
solution for Dreamers.
  Congress--that is each and every one of us--has a responsibility to 
address this Trump-created crisis in a bipartisan, rapid, 
compassionate, and meaningful way. This is what the American people 
want us to do. But since the start of the Trump administration, a 
divisive and twisted narrative has been perpetrated to villainize, 
scapegoat, and hurt immigrant families.
  This week, the pain of immigrant families was felt by each and every 
person in America who heard the terror and cries of children being torn 
from their parents. This week we have experienced the horror many 
immigrant families feel every single day, and we have seen how ugly it 
is to use vulnerable immigrant children, mothers, and fathers as 
political pawns.
  But we have also seen Americans stand up for these families. We saw 
them rebuke the President and his heinous policy. Today we must do the 
same thing by standing up for Dreamers. We must meet our responsibility 
as Members of Congress by voting for legislation that fixes this Trump-
created DACA crisis, not by voting for legislation that makes it worse.

[[Page H5437]]

  Every time that a bipartisan fix for Dreamers is within our reach, 
this chaotic Republican Conference caves to those who aim to exploit 
Dreamers in order to impose radical changes to our immigration system.
  The provisions in H.R. 4760's partisan anti-immigrant bill betray our 
most fundamental American values. It is a reflection of the xenophobic 
agenda of the Trump White House which prioritizes billions upon 
billions on a wasteful wall, cuts legal immigration, and ends our 
obligation to protect Dreamers.
  This is the latest example of Republicans putting Trump's anti-
immigrant demands above moral decency, families, Dreamers, and the will 
of the American people. It is indefensible and immoral that this House 
continues to derail bipartisan efforts to protect Dreamers. The antics 
that we are witnessing are why the American people have lost faith that 
their Representatives can find bipartisan solutions to our Nation's 
most pressing issues.
  But as a Member of Congress in the minority party at a time of deep 
political division and instability, I still believe it is possible for 
us to work together to improve the well-being of families, children, 
and young people. Mr. Speaker, that is why I am asking and I am 
imploring you to join me in voting for the bipartisan Dream Act that 
upholds our values and fulfills our promise to protect Dreamers and 
their families.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I claim the time in opposition to the 
motion to recommit.
  The SPEAKER pro tempore. The gentleman from Virginia is recognized 
for 5 minutes.
  Mr. GOODLATTE. Mr. Speaker, I rise in strong opposition to this 
effort to distract us from the major problems that we are attempting to 
address in our country. This motion to recommit only--only--deals with 
amnesty for a far larger population of people than the American people 
expect to have addressed. The people who are the DACA recipients are 
people who arrived here as young children before June 15, 2007.
  This bill does nothing to solve the problem with the surge of people 
at the border of our country. It does nothing to create a new border 
security wall and fencing system, technology and personnel who are 
needed, and judges in courtrooms to process the huge number--the 
600,000 backlog--of amnesty cases that we have.
  This does nothing to close the loopholes that are allowing people to 
enjoy what is called catch and release. When they come into the 
country, some of them even turn themselves in knowing that, ultimately, 
they are going to be released into the interior of the United States. 
We need to give the administration the tools they need to stop this 
problem. It is not a new problem.
  The Obama administration wanted a number of the changes that are in 
this bill with regard to clarifying things like the terrible Flores 
decision, which is at the heart of the problem we have with young 
children being separated from their parents.
  We fix those things in this legislation, and yet this would 
substitute all of that for something that is just targeted at what the 
other party wants to do. And they call upon us to work in a bipartisan 
fashion.
  This bill addresses all of the areas that need to be addressed, and 
they give lip service to the other areas, but they do not address them. 
This is proof of that by the fact that it only deals with amnesty.
  We need to have a movement to a merit-based immigration system. We 
need to end the terrible visa lottery system, which is a national 
security problem and which is something that does not benefit the 
American economy.
  We need to move from chain migration to a merit-based system, and we 
need to make sure that we treat the DACA recipients better than they 
are treated under the unconstitutional, illegal Obama process, but not 
at the cost of not doing the other three pillars that we are seeking to 
address.
  We need to address border security and interior enforcement; we need 
to end the visa lottery and move to a merit-based system; and we need 
to end chain migration.
  It also doesn't have anything about E-Verify or helping 1 million 
agricultural guest workers who want to work in this country legally and 
the farmers who want to have a system that allows them to do that 
legally.
  This is the bill that we need to pass, not this motion to recommit. I 
urge my colleague to oppose the motion to recommit and support the 
underlying legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Ms. MICHELLE LUJAN GRISHAM. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of the passage of the bill.
  The vote was taken by electronic device, and there were--yeas 191, 
nays 234, not voting 2, as follows:

                             [Roll No. 281]

                               YEAS--191

     Adams
     Aguilar
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Capuano
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Crist
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Foster
     Frankel (FL)
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Lynch
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Nolan
     Norcross
     O'Halleran
     O'Rourke
     Pallone
     Panetta
     Pascrell
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rosen
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Sinema
     Sires
     Smith (WA)
     Soto
     Speier
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)
     Yarmuth

                               NAYS--234

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Biggs
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Comstock
     Conaway
     Cook
     Costello (PA)
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Curtis
     Davidson
     Davis, Rodney
     Denham
     DeSantis
     DesJarlais
     Diaz-Balart
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Faso
     Ferguson
     Fitzpatrick
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Frelinghuysen
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hultgren
     Hunter
     Hurd
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)

[[Page H5438]]


     Johnson, Sam
     Jones
     Jordan
     Joyce (OH)
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger
     Knight
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Lesko
     Lewis (MN)
     LoBiondo
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     MacArthur
     Marchant
     Marino
     Marshall
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Newhouse
     Noem
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Pittenger
     Poe (TX)
     Poliquin
     Posey
     Ratcliffe
     Reed
     Reichert
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney, Francis
     Rooney, Thomas J.
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Russell
     Rutherford
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smucker
     Stefanik
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin

                             NOT VOTING--2

     Jeffries
     Payne

                              {time}  1404

  Messrs. WEBSTER of Florida, SAM JOHNSON of Texas, ROE of Tennessee, 
GOSAR, and BOST changed their vote from ``yea'' to ``nay.''
  Messrs. CUELLAR, LAWSON of Florida, Mses. CASTOR of Florida, JACKSON 
LEE, Messrs. BEYER, NOLAN, AL GREEN of Texas, and LARSON of Connecticut 
changed their vote from ``nay'' to ``yea.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. NADLER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 193, 
noes 231, not voting 3, as follows:

                             [Roll No. 282]

                               AYES--193

     Abraham
     Aderholt
     Allen
     Amodei
     Arrington
     Babin
     Bacon
     Banks (IN)
     Barletta
     Barr
     Barton
     Bergman
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Brady (TX)
     Brat
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cole
     Collins (GA)
     Collins (NY)
     Comer
     Conaway
     Cook
     Cramer
     Crawford
     Culberson
     Curtis
     Davidson
     Davis, Rodney
     DeSantis
     DesJarlais
     Donovan
     Duffy
     Duncan (SC)
     Duncan (TN)
     Dunn
     Emmer
     Estes (KS)
     Fleischmann
     Flores
     Fortenberry
     Foxx
     Gaetz
     Gallagher
     Garrett
     Gianforte
     Gibbs
     Goodlatte
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guthrie
     Handel
     Harper
     Harris
     Hartzler
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Higgins (LA)
     Hill
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hultgren
     Hunter
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (LA)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Joyce (OH)
     Kelly (MS)
     Kelly (PA)
     Kinzinger
     Kustoff (TN)
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Latta
     Lesko
     Lewis (MN)
     Long
     Loudermilk
     Lucas
     Luetkemeyer
     Marchant
     Marino
     Marshall
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McSally
     Meadows
     Messer
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pearce
     Perry
     Pittenger
     Poe (TX)
     Poliquin
     Posey
     Ratcliffe
     Renacci
     Rice (SC)
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rokita
     Rooney, Francis
     Rooney, Thomas J.
     Ross
     Rothfus
     Rouzer
     Royce (CA)
     Rutherford
     Sanford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Smith (MO)
     Smith (NE)
     Smith (TX)
     Smucker
     Stewart
     Stivers
     Taylor
     Tenney
     Thompson (PA)
     Thornberry
     Tipton
     Trott
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Zeldin

                               NOES--231

     Adams
     Aguilar
     Amash
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Biggs
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Capuano
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Coffman
     Cohen
     Comstock
     Connolly
     Cooper
     Correa
     Costa
     Costello (PA)
     Courtney
     Crist
     Crowley
     Cuellar
     Cummings
     Curbelo (FL)
     Davis (CA)
     Davis, Danny
     DeFazio
     DeGette
     Delaney
     DeLauro
     DelBene
     Demings
     Denham
     DeSaulnier
     Deutch
     Diaz-Balart
     Dingell
     Doggett
     Doyle, Michael F.
     Ellison
     Engel
     Eshoo
     Espaillat
     Esty (CT)
     Evans
     Faso
     Ferguson
     Fitzpatrick
     Foster
     Frankel (FL)
     Frelinghuysen
     Fudge
     Gabbard
     Gallego
     Garamendi
     Gohmert
     Gomez
     Gonzalez (TX)
     Gosar
     Gottheimer
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hanabusa
     Hastings
     Heck
     Higgins (NY)
     Himes
     Hoyer
     Huffman
     Hurd
     Jackson Lee
     Jayapal
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Katko
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kihuen
     Kildee
     Kilmer
     Kind
     King (IA)
     King (NY)
     Knight
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee
     Levin
     Lewis (GA)
     Lieu, Ted
     Lipinski
     LoBiondo
     Loebsack
     Lofgren
     Love
     Lowenthal
     Lowey
     Lujan Grisham, M.
     Lujan, Ben Ray
     Lynch
     MacArthur
     Maloney, Carolyn B.
     Maloney, Sean
     Massie
     Matsui
     McCollum
     McEachin
     McGovern
     McMorris Rodgers
     McNerney
     Meeks
     Meng
     Moore
     Moulton
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Newhouse
     Noem
     Nolan
     Norcross
     O'Halleran
     O'Rourke
     Pallone
     Panetta
     Pascrell
     Paulsen
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree
     Pocan
     Polis
     Price (NC)
     Quigley
     Raskin
     Reed
     Reichert
     Rice (NY)
     Richmond
     Rohrabacher
     Ros-Lehtinen
     Rosen
     Roskam
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Russell
     Ryan (OH)
     Sanchez
     Sarbanes
     Schakowsky
     Schiff
     Schneider
     Schrader
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shea-Porter
     Sherman
     Shuster
     Simpson
     Sinema
     Sires
     Smith (NJ)
     Smith (WA)
     Soto
     Speier
     Stefanik
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tonko
     Torres
     Tsongas
     Turner
     Upton
     Valadao
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters, Maxine
     Watson Coleman
     Welch
     Wilson (FL)

                             NOT VOTING--3

     Jeffries
     Payne
     Yarmuth

                              {time}  1411

  So the bill was not passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________