[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.
____________________