[Congressional Record Volume 164, Number 104 (Thursday, June 21, 2018)]
[House]
[Pages H5450-H5488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           BORDER SECURITY AND IMMIGRATION REFORM ACT OF 2018

  Mr. GOODLATTE. Madam Speaker, pursuant to House Resolution 953, I 
call up the bill (H.R. 6136) to amend the immigration laws and provide 
for border security, 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 953, the bill 
is considered read.
  The text of the bill is as follows:

                               H.R. 6136

       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 ``Border 
     Security and Immigration Reform Act of 2018''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                     DIVISION A--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. National Guard support to secure the southern border.

[[Page H5451]]

Sec. 1117. Prohibitions on actions that impede border security on 
              certain Federal land.
Sec. 1118. Landowner and rancher security enhancement.
Sec. 1119. Eradication of carrizo cane and salt cedar.
Sec. 1120. Southern border threat analysis.
Sec. 1121. Amendments to U.S. Customs and Border Protection.
Sec. 1122. Agent and officer technology use.
Sec. 1123. Integrated Border Enforcement Teams.
Sec. 1124. Tunnel Task Forces.
Sec. 1125. Pilot program on use of electromagnetic spectrum in support 
              of border security operations.
Sec. 1126. Foreign migration assistance.
Sec. 1127. Biometric Identification Transnational Migration Alert 
              Program.

                         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.

 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.
Sec. 3106. Cancellation of additional visas.
Sec. 3107. Visa information sharing.
Sec. 3108. Restricting waiver of visa interviews.
Sec. 3109. Authorizing the Department of State to not interview certain 
              ineligible visa applicants.
Sec. 3110. Petition and application processing for visas and 
              immigration benefits.
Sec. 3111. Fraud prevention.
Sec. 3112. Visa ineligibility for spouses and children of drug 
              traffickers.
Sec. 3113. DNA testing.
Sec. 3114. Access to NCIC criminal history database for diplomatic 
              visas.
Sec. 3115. Elimination of signed photograph requirement for visa 
              applications.
Sec. 3116. Additional fraud detection and prevention.

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

Sec. 4101. Short title.
Sec. 4102. Illicit spotting.
Sec. 4103. Unlawfully hindering immigration, border, and customs 
              controls.

                    TITLE V--BORDER SECURITY FUNDING

Sec. 5101. Border Security Funding.
Sec. 5102. Limitation on adjustment of status.
Sec. 5103. Exclusion from PAYGO scorecards.

                     DIVISION B--IMMIGRATION REFORM

         TITLE I--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

Sec. 1101. Definitions.
Sec. 1102. Contingent nonimmigrant status eligibility and application.
Sec. 1103. Terms and conditions of conditional nonimmigrant status.
Sec. 1104. Adjustment of status.
Sec. 1105. Administrative and judicial review.
Sec. 1106. Penalties and signature requirements.
Sec. 1107. Rulemaking.
Sec. 1108. Statutory construction.
Sec. 1109. Addition of definition.

          TITLE II--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES

Sec. 2101. Elimination of diversity visa program.
Sec. 2102. Numerical limitation to any single foreign state.
Sec. 2103. Family-sponsored immigration priorities.
Sec. 2104. Allocation of immigrant visas for contingent nonimmigrants 
              and children of certain nonimmigrants.
Sec. 2105. Sunset of adjustment visas for conditional nonimmigrants and 
              children of certain nonimmigrants.
Sec. 2106. Implementation.
Sec. 2107. Repeal of suspension of deportation and adjustment of status 
              for certain aliens.

     TITLE III--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION 
                              ENFORCEMENT

Sec. 3101. Repatriation of unaccompanied alien children.
Sec. 3102. Clarification of standards for family detention.
Sec. 3103. Detention of dangerous aliens.
Sec. 3104. Definition of aggravated felony.
Sec. 3105. Crime of violence.
Sec. 3106. Grounds of inadmissibility and deportability for alien gang 
              members.
Sec. 3107. Special immigrant juvenile status for immigrants unable to 
              reunite with either parent.
Sec. 3108. Clarification of authority regarding determinations of 
              convictions.
Sec. 3109. Adding attempt and conspiracy to commit terrorism-related 
              inadmissibility grounds acts to the definition of 
              engaging in terrorist activity.
Sec. 3110. Clarifying the authority of ICE detainers.
Sec. 3111. Department of Homeland Security access to crime information 
              databases.

                        TITLE IV--ASYLUM REFORM

Sec. 4101. Credible fear interviews.
Sec. 4102. Jurisdiction of asylum applications.
Sec. 4103. Recording expedited removal and credible fear interviews.
Sec. 4104. Safe third country.
Sec. 4105. Renunciation of asylum status pursuant to return to home 
              country.
Sec. 4106. Notice concerning frivolous asylum applications.
Sec. 4107. Anti-fraud investigative work product.
Sec. 4108. Penalties for asylum fraud.
Sec. 4109. Statute of limitations for asylum fraud.
Sec. 4110. Technical amendments.

                         TITLE V--USCIS WAIVERS

Sec. 5101. Exemption from Administrative Procedure Act.
Sec. 5102. Exemption from Paperwork Reduction Act.
Sec. 5103. Sunset.

                     DIVISION A--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) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection.
       (3) 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.
       (4) 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).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) 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)).
       (7) 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).
       (8) 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)).
       (9) 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).
       (10) 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

[[Page H5452]]

     be necessary (including the removal of obstacles to detection 
     of illegal entrants) to design, test, construct, install, 
     deploy, integrate, and operate physical barriers, tactical 
     infrastructure, and technology in the vicinity of the United 
     States border to achieve situational awareness and 
     operational control of the border and deter, impede, and 
     detect illegal activity in high traffic areas.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

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

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--
       ``(i) In general.--Not later than September 30, 2023, 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 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);
       (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) in clause (iii), as so redesignated--

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

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

       (cc) by adding at the end the following new subclause:

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

       (iv) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``this subsection'' and inserting ``this 
     section''; and
       (iii) by striking ``construction of fences'' and inserting 
     ``the construction of physical barriers'';
       (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.''; and
       (E) in paragraph (4), by striking ``this subsection'' and 
     inserting ``this section'';
       (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, integration, and operation of the 
     physical barriers, tactical infrastructure, and technology 
     under this section. Such waiver authority shall also apply 
     with respect to any maintenance carried out on such physical 
     barriers, tactical infrastructure, or technology. 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, 2023, 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 (6 U.S.C. 223(a)(7); Public Law 114-328).
       ``(5) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       ``(6) Technology.--The term `technology' 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 shall ensure 
     that not fewer than 95,000 annual flight hours are carried 
     out by Air and Marine Operations of U.S. Customs and Border 
     Protection.
       (b) Unmanned Aerial System.--The Secretary, after 
     coordination with the Administrator of the Federal Aviation 
     Administration, shall ensure that Air and Marine Operations 
     operate unmanned aerial systems on the southern border of the 
     United States for not 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.

[[Page H5453]]

       (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, 2023, the 
     Secretary, in implementing section 102 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (as 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.

[[Page H5454]]

       (E) Ultralight aircraft detection capabilities.
       (F) Completion of six miles of the Bog Creek road.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (12) Havre sector.--For the Havre sector, the following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (13) Grand forks sector.--For the Grand Forks sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (14) Detroit sector.--For the Detroit sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (15) Buffalo sector.--For the Buffalo sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Coastal radar surveillance systems.
       (C) Increased maritime interdiction capabilities.
       (D) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (E) Advanced unattended surveillance sensors.
       (F) Ultralight aircraft detection capabilities.
       (G) Man-portable unmanned aerial vehicles.
       (H) Improved agent communications systems.
       (16) Swanton sector.--For the Swanton sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (17) Houlton sector.--For the Houlton sector, the 
     following:
       (A) Increased flight hours for aerial detection, 
     interdiction, and monitoring operations capability.
       (B) Mobile vehicle-mounted and man-portable surveillance 
     capabilities.
       (C) Advanced unattended surveillance sensors.
       (D) Ultralight aircraft detection capabilities.
       (E) Man-portable unmanned aerial vehicles.
       (F) Improved agent communications systems.
       (18) Transit zone.--For the transit zone, the following:
       (A) Not later than 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, 2022, 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.
       (d) Integration.--In carrying out subsection (a), the 
     Secretary shall, to the greatest extent practicable, 
     integrate, within each sector or region of the southern 
     border and northern border, as the case may be, the deployed 
     capabilities specified in such subsection as necessary to 
     achieve situational awareness and operational control of such 
     borders.

     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 2018 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;

[[Page H5455]]

       ``(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 amounts otherwise 
     authorized for such purposes.

     SEC. 1116. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN 
                   BORDER.

       (a) National Guard Support.--
       (1) Authority to request.--The Secretary may, pursuant to 
     chapter 15 of title 10, United States Code, request that the 
     Secretary of Defense support the Secretary's efforts to 
     secure the southern border of the United States. The 
     Secretary of Defense may authorize the provision of such 
     support under section 502(f) of title 32, United States Code.
       (2) Approval and order.--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, for the purpose of securing 
     the southern border of the United States.
       (b) Types of Support Authorized.--The support provided in 
     accordance with subsection (a) may include--
       (1) construction of reinforced fencing or other physical 
     barriers;
       (2) operation of ground-based surveillance systems;
       (3) deployment of manned aircraft, unmanned aerial 
     surveillance systems, and ground-based surveillance systems 
     to support continuous surveillance of the southern border; 
     and
       (4) intelligence analysis support.
       (c) Materiel and Logistical Support.--The Secretary of 
     Defense may deploy such materiel, equipment, and logistics 
     support as may be necessary to ensure the effectiveness of 
     the assistance provided under subsection (a).
       (d) Readiness.--To ensure that the use of units and 
     personnel of the National Guard of a State authorized 
     pursuant to this section does not degrade the training and 
     readiness of such units and personnel, the Secretary of 
     Defense shall consider the following requirements when 
     authorizing or approving support under subsection (a):
       (1) The performance of such support may not affect 
     adversely the quality of such training or readiness or 
     otherwise interfere with the ability of a unit or personnel 
     of the National Guard of a State to perform the military 
     functions of such member or unit.
       (2) The performance of such support may not degrade the 
     military skills of the units or personnel of the National 
     Guard of a State performing such support.
       (e) Report on Readiness.--Upon the request of the 
     Secretary, the Secretary of Defense shall provide to the 
     Secretary a report on the readiness of units and personnel of 
     the National Guard that the Secretary of Defense determines 
     are capable of providing such support.
       (f) Reimbursement Notification.--Prior to providing any 
     support under subsection (a), the Secretary of Defense shall 
     notify the Secretary whether the requested support will be 
     reimbursed under section 277 of title 10, United States Code.
       (g) Reimbursement to States.--The Secretary of Defense may 
     reimburse a State for costs incurred in the deployment of any 
     units or personnel of the National Guard pursuant to 
     subsection (a).
       (h) Relationship to Other Laws.--Nothing in this section 
     may be construed as affecting the authorities under chapter 9 
     of title 32, United States Code.
       (i) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act and biannually thereafter through 
     December 31, 2021, the Secretary of Defense shall submit to 
     the appropriate congressional defense committees (as defined 
     in section 101(a)(16) of title 10, United States Code) a 
     report regarding any support provided pursuant to subsection 
     (a) for the six month period preceding each such report.
       (2) Elements.--Each report under paragraph (1) shall 
     include a description of--
       (A) the support provided; and
       (B) the sources and amounts of funds obligated and expended 
     to provide such support.

     SEC. 1117. 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) carrying out 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), as amended by 
     section 1111 of this division;
       (B) the execution of search and rescue operations;
       (C) the use of motorized vehicles, foot patrols, and 
     horseback to patrol the border area, apprehend illegal 
     entrants, and rescue individuals; and
       (D) the remediation of tunnels used to facilitate unlawful 
     immigration or other illicit activities.
       (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).

[[Page H5456]]

       (Y) Sections 102(29) and 103 of the California Desert 
     Protection Act of 1994 (Public Law 103-433).
       (Z) Division A of subtitle I of title 54, United States 
     Code (formerly known as the ``National Park Service Organic 
     Act''.
       (AA) The National Park Service General Authorities Act 
     (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
       (BB) Sections 401(7), 403, and 404 of the National Parks 
     and Recreation Act of 1978 (Public Law 95-625).
       (CC) Sections 301(a) through (f) of the Arizona Desert 
     Wilderness Act (Public Law 101-628).
       (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 403).
       (EE) The Eagle Protection Act (16 U.S.C. 668 et seq.).
       (FF) The Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.).
       (GG) The American Indian Religious Freedom Act (42 U.S.C. 
     1996).
       (HH) The National Forest Management Act of 1976 (16 U.S.C. 
     1600 et seq.).
       (II) The Multiple Use and Sustained Yield Act of 1960 (16 
     U.S.C. 528 et seq.).
       (3) Applicability of waiver to successor laws.--If a 
     provision of law specified in paragraph (2) was repealed and 
     incorporated into title 54, United States Code, after April 
     1, 2008, and before the date of the enactment of this Act, 
     the waiver described in paragraph (1) shall apply to the 
     provision of such title that corresponds to the provision of 
     law specified in paragraph (2) to the same extent the waiver 
     applied to that provision of law.
       (4) Savings clause.--The waiver authority under this 
     subsection may not be construed as affecting, negating, or 
     diminishing in any manner the applicability of section 552 of 
     title 5, United States Code (commonly referred to as the 
     ``Freedom of Information Act''), in any relevant matter.
       (d) Protection of Legal Uses.--This section may not be 
     construed to provide--
       (1) authority to restrict legal uses, such as grazing, 
     hunting, mining, or recreation or the use of backcountry 
     airstrips, on land under the jurisdiction of the Secretary of 
     the Interior or the Secretary of Agriculture; or
       (2) any additional authority to restrict legal access to 
     such land.
       (e) Effect on State and Private Land.--This section shall--
       (1) have no force or effect on State lands or private 
     lands; and
       (2) not provide authority on or access to State lands or 
     private lands.
       (f) Tribal Sovereignty.--Nothing in this section may be 
     construed to supersede, replace, negate, or diminish treaties 
     or other agreements between the United States and Indian 
     tribes.
       (g) Memoranda of Understanding.--The requirements of this 
     section shall not apply to the extent that such requirements 
     are incompatible with any memorandum of understanding or 
     similar agreement entered into between the Commissioner and a 
     National Park Unit before the date of the enactment of this 
     Act.
       (h) Definitions.--In this section:
       (1) Covered federal land.--The term ``covered Federal 
     land'' includes all land under the control of the Secretary 
     concerned that is located within 100 miles of the southern 
     border or the northern border.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Department of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Department of the Interior, the Secretary of the Interior.

     SEC. 1118. 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. 1119. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

       (a) In General.--Not later than September 30, 2023, 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. 1120. 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, 2019, 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;

[[Page H5457]]

       (H) any technology required to maintain, support, and 
     enhance security and facilitate trade at ports of entry, 
     including nonintrusive detection equipment, radiation 
     detection equipment, biometric technology, surveillance 
     systems, and other sensors and technology that the Secretary 
     determines to be necessary;
       (I) operational coordination unity of effort initiatives of 
     the border security components of the Department, including 
     any relevant task forces of the Department;
       (J) lessons learned from Operation Jumpstart and Operation 
     Phalanx;
       (K) cooperative agreements and information sharing with 
     State, local, tribal, territorial, and other Federal law 
     enforcement agencies that have jurisdiction on the Northern 
     border or the Southern border;
       (L) border security information received from consultation 
     with State, local, tribal, territorial, and Federal law 
     enforcement agencies that have jurisdiction on the Northern 
     border or the Southern border, or in the maritime 
     environment, and from border community stakeholders 
     (including through public meetings with such stakeholders), 
     including representatives from border agricultural and 
     ranching organizations and representatives from business and 
     civic organizations along the Northern border or the Southern 
     border;
       (M) staffing requirements for all departmental border 
     security functions;
       (N) a prioritized list of departmental research and 
     development objectives to enhance the security of the 
     Southern border;
       (O) an assessment of training programs, including training 
     programs for--
       (i) identifying and detecting fraudulent documents;
       (ii) understanding the scope of enforcement authorities and 
     the use of force policies; and
       (iii) screening, identifying, and addressing vulnerable 
     populations, such as children and victims of human 
     trafficking; and
       (P) an assessment of how border security operations affect 
     border crossing times.

     SEC. 1121. 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. 1122. 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. 1123. 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. Such 
     memoranda with entities specified in subparagraph (G) of such 
     subsection shall be entered into with the concurrence of the 
     Secretary of State.
       ``(g) Report.--Not later than 180 days after the date on 
     which an IBET is established and biannually thereafter for 
     the following six years, 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, 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

[[Page H5458]]

     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. 1124. 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. 1125. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM 
                   IN SUPPORT OF BORDER SECURITY OPERATIONS.

       (a) In General.--The Commissioner, in consultation with the 
     Assistant Secretary of Commerce for Communications and 
     Information, shall conduct a pilot program to test and 
     evaluate the use of electromagnetic spectrum by U.S. Customs 
     and Border Protection in support of border security 
     operations through--
       (1) ongoing management and monitoring of spectrum to 
     identify threats such as unauthorized spectrum use, and the 
     jamming and hacking of United States communications assets, 
     by persons engaged in criminal enterprises;
       (2) automated spectrum management to enable greater 
     efficiency and speed for U.S. Customs and Border Protection 
     in addressing emerging challenges in overall spectrum use on 
     the United States border; and
       (3) coordinated use of spectrum resources to better 
     facilitate interoperability and interagency cooperation and 
     interdiction efforts at or near the United States border.
       (b) Report to Congress.--Not later than 180 days after the 
     conclusion of the pilot program conducted under subsection 
     (a), the Commissioner 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. 1126. FOREIGN MIGRATION ASSISTANCE.

       (a) In General.--Subtitle C of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by 
     sections 1115 and 1123 of this division, is further amended 
     by adding at the end the following new section:

     ``SEC. 437. FOREIGN MIGRATION ASSISTANCE.

       ``(a) In General.--The Secretary, with the concurrence of 
     the Secretary of State, may provide to a foreign government 
     financial assistance for foreign country operations to 
     address migration flows that may affect the United States.
       ``(b) Determination.--Assistance provided under subsection 
     (a) may be provided only if such assistance would enhance the 
     recipient government's capacity to address irregular 
     migration flows that may affect the United States, including 
     through related detention or removal operations by the 
     recipient government, including procedures to screen and 
     provide protection for certain individuals.
       ``(c) Reimbursement of Expenses.--The Secretary may, if 
     appropriate, seek reimbursement from the receiving foreign 
     government for the provision of financial assistance under 
     this section.
       ``(d) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any reimbursement collected pursuant to subsection (c) 
     shall--
       ``(1) be credited as offsetting collections to the account 
     that finances the financial assistance under this section for 
     which such reimbursement is received; and
       ``(2) remain available until expended for the purpose of 
     carrying out this section.
       ``(e) Effective Period.--The authority provided under this 
     section shall remain in effect until September 30, 2023.
       ``(f) Development and Program Execution.--The Secretary and 
     the Secretary of State shall jointly develop and implement 
     any financial assistance under this section.
       ``(g) Rule of Construction.--Nothing in this section may be 
     construed as affecting, augmenting, or diminishing the 
     authority of the Secretary of State.
       ``(h) Authorization of Appropriations.--In addition to 
     amounts otherwise authorized to be appropriated for such 
     purpose, there is authorized to be appropriated $50,000,000 
     for fiscal years 2019 through 2023 to carry out this 
     section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 436 the 
     following new item:

``Sec. 437. Foreign migration assistance.''.

     SEC. 1127. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION 
                   ALERT PROGRAM.

       (a) In General.--Subtitle D of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 251 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL MIGRATION 
                   ALERT PROGRAM.

       ``(a) Establishment.--There is established in the 
     Department a program to be known as the Biometric 
     Identification Transnational Migration Alert Program 
     (referred to in this section as `BITMAP') to address and 
     reduce national security, border security, and public safety 
     threats before such threats reach the international border of 
     the United States.
       ``(b) Duties.--In carrying out BITMAP operations, the 
     Secretary, acting through the Director of U.S. Immigration 
     and Customs Enforcement, shall--
       ``(1) provide, when necessary, capabilities, training, and 
     equipment, to the government of a foreign country to collect 
     biometric and biographic identification data from individuals 
     to identify, prevent, detect, and interdict high risk 
     individuals identified as national security, border security, 
     or public safety threats who may attempt to enter the United 
     States utilizing illicit pathways;
       ``(2) provide capabilities to the government of a foreign 
     country to compare foreign data against appropriate United 
     States national security, border security, public safety, 
     immigration, and counter-terrorism data, including--
       ``(A) the Federal Bureau of Investigation's Terrorist 
     Screening Database, or successor database;
       ``(B) the Federal Bureau of Investigation's Next Generation 
     Identification database, or successor database;
       ``(C) the Department of Defense Automated Biometric 
     Identification System (commonly known as `ABIS'), or 
     successor database;
       ``(D) the Department's Automated Biometric Identification 
     System (commonly known as `IDENT'), or successor database; 
     and
       ``(E) any other database, notice, or means that the 
     Secretary, in consultation with the heads of other Federal 
     departments and agencies responsible for such databases, 
     notices, or means, designates; and
       ``(3) ensure biometric and biographic identification data 
     collected pursuant to BITMAP are incorporated into 
     appropriate United States Government databases, in compliance 
     with the policies and procedures established by the Privacy 
     Officer appointed under section 222.
       ``(c) Collaboration.--The Secretary shall ensure that 
     BITMAP operations include participation from relevant 
     components of the Department, and, as appropriate, request 
     participation from other Federal agencies.
       ``(d) Coordination.--The Secretary shall coordinate with 
     the Secretary of State, appropriate representatives of 
     foreign governments, and the heads of other Federal agencies, 
     as appropriate, to carry out paragraph (1) of subsection (b).
       ``(e) Agreements.--Before carrying out BITMAP operations in 
     a foreign country that, as of the date of the enactment of 
     this section, was not a partner country described in this 
     section, the Secretary, with the concurrence of the Secretary 
     of State, shall enter into an agreement or arrangement with 
     the government of such country that outlines such operations 
     in such country, including related departmental operations. 
     Such country shall be a partner country described in this 
     section pursuant to and for purposes of such agreement or 
     arrangement.
       ``(f) Notification to Congress.--Not later than 60 days 
     before an agreement with the government of a foreign country 
     to carry out BITMAP operations in such foreign country enters 
     into force, the Secretary shall provide the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate with a copy of the agreement to establish such 
     operations, which shall include--
       ``(1) the identification of the foreign country with which 
     the Secretary intends to enter into such an agreement;
       ``(2) the location at which such operations will be 
     conducted; and
       ``(3) the terms and conditions for Department personnel 
     operating at such location.''.
       (b) Report.--Not later than 180 days after the date on 
     which the Biometric Identification Transnational Migration 
     Alert Program (BITMAP) is established under section 447 of 
     the Homeland Security Act of 2002 (as added by subsection (a) 
     of this section) and annually thereafter for the following 
     five years, the Secretary of Homeland Security 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 report that details the 
     effectiveness of BITMAP operations in enhancing national 
     security, border security, and public safety.
       (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 446 the 
     following new item:

``Sec. 447. Biometric Identification Transnational Migration Alert 
              Program.''.

                         Subtitle B--Personnel

     SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION 
                   AGENTS AND OFFICERS.

       (a) Border Patrol Agents.--Not later than September 30, 
     2023, 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, 2023--

[[Page H5459]]

       (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, 2023, 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, 2023, 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, 2023, 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, 2023, 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, 2023, 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, 
     2023, 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, 2023, 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, 2023, 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, 2023, 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.
       ``(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); and
       ``(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. 
     Custom 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

[[Page H5460]]

     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.
       ``(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, 2023. 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.''.

[[Page H5461]]

       (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 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 2018 
     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 2019 through 2023, 
     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 2019 
     through 2023 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.''.

[[Page H5462]]

  


 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, 2023, 
     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) Savings Provision.--Nothing in this section may be 
     construed to--
       (1) create or negate any right of action for a State, local 
     government, or other person or entity affected by this 
     section;
       (2) delay the transfer of the possession of property to the 
     United States or affect the validity of any property 
     acquisitions by purchase or eminent domain, or to otherwise 
     affect the eminent domain laws of the United States or of any 
     State; or
       (3) create any right or liability for any party.
       (f) Rule of Construction.--Nothing in this section may be 
     construed as providing the Secretary new authority related to 
     the construction, acquisition, or renovation of real 
     property.

     SEC. 2102. SECURE COMMUNICATIONS.

       (a) In General.--The Secretary shall ensure that each U.S. 
     Customs and Border Protection and U.S. Immigration and 
     Customs Enforcement officer or agent, if appropriate, is 
     equipped with a secure radio or other two-way communication 
     device, supported by system interoperability, that allows 
     each such officer to communicate--
       (1) between ports of entry and inspection stations; and
       (2) with other Federal, State, tribal, and local law 
     enforcement entities.
       (b) U.S. Border Patrol Agents.--The Secretary shall ensure 
     that each U.S. Border Patrol agent or officer assigned or 
     required to patrol on foot, by horseback, or with a canine 
     unit, in remote mission critical locations, and at border 
     checkpoints, has a multi- or dual-band encrypted portable 
     radio.
       (c) LTE Capability.--In carrying out subsection (b), the 
     Secretary shall acquire radios or other devices with the 
     option to be LTE-capable for deployment in areas where LTE 
     enhances operations and is cost effective.

     SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM.

       (a) Expansion.--Not later than September 30, 2023, 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 years 2019 through 2023 to carry out subsection 
     (a).

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

       (a) Upgrade.--Not later than two years after the date of 
     the enactment of this Act, the Commissioner shall upgrade all 
     existing license plate readers in need of upgrade, as 
     determined by the Commissioner, 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 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 years 2019 through 2020 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

[[Page H5463]]

     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.--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.--
       ``(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.
       ``(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. Such extension shall apply only 
     in the case of non-pedestrian outbound traffic at such land 
     ports of entry.
       ``(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.
       ``(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 the Department by the Canadian 
     Border Services Agency pursuant to the 2011 Beyond the Border 
     agreement.
       ``(k) Full and Open Competition.--The Secretary shall 
     procure goods and services to implement this section via full 
     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--

[[Page H5464]]

       (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 $4,250,000,000 for each of fiscal years 2019 
     through 2023 to carry out this title, of which $250,000,000 
     in each such fiscal year is authorized to be made available 
     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 employees of the Department to not 
     fewer than 75 diplomatic and consular posts at which visas 
     are issued. Such assignments shall be made--

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

       ``(ii) Priority consideration.--In carrying out National 
     Security Decision Directive 38 of June 2, 1982, the Secretary 
     of State shall ensure priority consideration of any staffing 
     assignment pursuant to this subparagraph.
       ``(iii) 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.''.

       (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 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.
       (f) Funding.--
       (1) Additional visa fee.--
       (A) In general.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall charge a fee 
     in support of visa security, to be deposited in the U.S. 
     Immigration and Customs Enforcement account. Fees imposed 
     pursuant to this subsection shall be available only to the 
     extent provided in advance by appropriations Acts.
       (B) Amount of fee.--The total amount of the additional fee 
     charged pursuant to this subsection shall be equal to an 
     amount sufficient to cover the annual costs of the visa 
     security program established by the Secretary of Homeland 
     Security under section 428(e) of the Homeland Security Act of 
     2002 (6 U.S.C. 236(e)), as amended by this section.
       (2) Use of fees.--Amounts deposited in the U.S. Immigration 
     and Customs Enforcement account pursuant to paragraph (1) are 
     authorized to be appropriated to the Secretary of Homeland 
     Security for the funding of the visa security program 
     referred to in such paragraph.

     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 2022 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.''.

[[Page H5465]]

  


     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 September 30, 2019, 
     and not later than September 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, 1123, and 1126 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, in consultation with the Secretary of State, 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.
       ``(d) Waiver.--The Secretary, in collaboration with the 
     Secretary of State, is authorized to waive the requirements 
     of subsection (a) as necessary to comply with international 
     obligations of the United States.

     ``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.''.

     SEC. 3106. 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. 3107. 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. 3108. RESTRICTING WAIVER OF VISA INTERVIEWS.

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

     SEC. 3109. 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

[[Page H5466]]

     denial of visa applications without interview, including--
       (1) the number of such denials; and
       (2) a post-by-post breakdown of such denials.

     SEC. 3110. 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. 3111. 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.

     SEC. 3112. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF 
                   DRUG TRAFFICKERS.

       Section 212(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)) is amended--
       (1) in subparagraph (C)(ii), by 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. 3113. 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. 3114. 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. 3115. 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. 3116. ADDITIONAL FRAUD DETECTION AND PREVENTION.

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

     TITLE 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. ILLICIT SPOTTING.

       Section 1510 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(f) Any person who knowingly transmits, by any means, to 
     another person the location, movement, or activities of any 
     officer or agent of a Federal, State, local, or tribal law 
     enforcement agency with the intent to further a criminal 
     offense under the immigration laws (as such term is defined 
     in section 101 of the Immigration and Nationality Act), the 
     Controlled Substances Act, or the Controlled Substances 
     Import and Export Act, or that relates to agriculture or 
     monetary instruments shall be fined under this title or 
     imprisoned not more than 10 years, or both.''.

     SEC. 4103. 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 paragraph (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.''.

[[Page H5467]]

       (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.''.

                    TITLE V--BORDER SECURITY FUNDING

     SEC. 5101. BORDER SECURITY FUNDING.

       (a) Funding.--In addition to amounts otherwise made 
     available by this Act or any other provision of law, there is 
     hereby appropriated to the ``U.S. Customs and Border 
     Protection--Procurement, Construction, and Improvements'' 
     account, out of any amounts in the Treasury not otherwise 
     appropriated, $23,400,000,000, to be available as described 
     in subsections (b) and (c), of which--
       (1) $16,625,000,000 shall be for a border wall system along 
     the southern border of the United States, including physical 
     barriers and associated detection technology, roads, and 
     lighting; and
       (2) $6,775,000,000 shall be for infrastructure, assets, 
     operations, and technology to enhance border security along 
     the southern border of the United States, including--
       (A) border security technology, including surveillance 
     technology, at and between ports of entry;
       (B) new roads and improvements to existing roads;
       (C) U.S. Border Patrol facilities and ports of entry;
       (D) aircraft, aircraft-based sensors and associated 
     technology, vessels, spare parts, and equipment to maintain 
     such assets;
       (E) a biometric entry and exit system; and
       (F) family residential centers.
       (b) Availability of Border Wall System Funds.--
       (1) In general.--Of the amount appropriated in subsection 
     (a)(1)--
       (A) $2,241,000,000 shall become available October 1, 2018;
       (B) $1,808,000,000 shall become available October 1, 2019;
       (C) $1,715,000,000 shall become available October 1, 2020;
       (D) $2,140,000,000 shall become available October 1, 2021;
       (E) $1,735,000,000 shall become available October 1, 2022;
       (F) $1,746,000,000 shall become available October 1, 2023;
       (G) $1,776,000,000 shall become available October 1, 2024;
       (H) $1,746,000,000 shall become available October 1, 2025; 
     and
       (I) $1,718,000,000 shall become available October 1, 2026.
       (2) Period of availability.--An amount made available under 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), or (I) 
     of paragraph (1) shall remain available for five years after 
     the date specified in that subparagraph.
       (c) Availability of Border Security Investment Funds.--
       (1) In general.--Of the amount appropriated in subsection 
     (a)(2)--
       (A) $500,000,000 shall become available October 1, 2018;
       (B) $1,850,000,000 shall become available October 1, 2019;
       (C) $1,950,000,000 shall become available October 1, 2020;
       (D) $1,925,000,000 shall become available October 1, 2021; 
     and
       (E) $550,000,000 shall become available October 1, 2022.
       (2) Period of availability.--An amount made available under 
     subparagraph (A), (B), (C), (D), or (E) of paragraph (1) 
     shall remain available for five years after the date 
     specified in that subparagraph.
       (3) Transfer authority.--
       (A) In general.--Notwithstanding any limitation on transfer 
     authority in any other provision of law and subject to the 
     notification requirement in subparagraph (B), the Secretary 
     of Homeland Security may transfer any amounts made available 
     under paragraph (1) to the ``U.S. Customs and Border 
     Protection--Operations and Support'' account only to the 
     extent necessary to carry out the purposes described in 
     subsection (a)(2).
       (B) Notification required.--The Secretary shall notify the 
     Committees on Appropriations of the Senate and the House of 
     Representatives not later than 30 days before each such 
     transfer.
       (d) Multi-Year Spending Plan.--The Secretary of Homeland 
     Security shall include in the budget justification materials 
     submitted in support of the President's annual budget request 
     for fiscal year 2020 (as submitted under section 1105(a) of 
     title 31, United States Code) a multi-year spending plan for 
     the amounts made available under subsection (a).
       (e) Expenditure Plan.--Each amount that becomes available 
     in accordance with subsection (b) or (c) may not be obligated 
     until the date that is 30 days after the date on which the 
     Committees on Appropriations of the Senate and the House of 
     Representatives receive a detailed plan, prepared by the 
     Commissioner of U.S. Customs and Border Protection, for the 
     expenditure of such amount.
       (f) Quarterly Briefing Requirement.--Beginning not later 
     than 180 days after the date of the enactment of this Act, 
     and quarterly thereafter, the Commissioner of U.S. Customs 
     and Border Protection shall brief the Committees on 
     Appropriations of the Senate and the House of Representatives 
     regarding activities under and progress made in carrying out 
     this section.
       (g) Rules of Construction.--Nothing in this section may be 
     construed to limit the availability of funds made available 
     by any other provision of law for carrying out the 
     requirements of this Act or the amendments made by this Act. 
     Any reference in this section to an appropriation account 
     shall be construed to include any successor accounts.
       (h) Discretionary Amounts.--Notwithstanding any other 
     provision of law, the amounts appropriated under subsection 
     (a) are discretionary appropriations (as that term is defined 
     in section 250(c)(7) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 900(c)(7)).

     SEC. 5102. LIMITATION ON ADJUSTMENT OF STATUS.

       If any amount under section 5101 is rescinded or 
     transferred to another account for use beyond the purposes 
     specified in such section--
       (1) a contingent nonimmigrant (as such term is defined in 
     section 1101 of division B) may not be provided with an 
     immigrant visa or adjust status to that of a lawful permanent 
     resident under this Act, the Immigration and Nationality Act, 
     or the immigration laws (as such term is defined in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101); 
     and
       (2) beginning on October 1, 2019, an alien described in 
     paragraph (2) of section 203(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(c)(2)) may not be provided 
     with an immigrant visa or adjust status to that of a lawful 
     permanent resident under such section.

     SEC. 5103. EXCLUSION FROM PAYGO SCORECARDS.

       The budgetary effects of this Act shall not be entered on 
     either PAYGO scorecard maintained pursuant to section 4(d) of 
     the Statutory Pay-As-You-Go Act of 2010.

                     DIVISION B--IMMIGRATION REFORM

         TITLE I--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 nonimmigrant 
     status under this division.
       (3) Educational institution.--The term ``educational 
     institution'' means--
       (A) an institution that is described in section 102(a)(1) 
     of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)) 
     except an institution described in subparagraph (C) of such 
     section;
       (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.--The term ``sexual assault'' means--
       (A) 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)), or conduct 
     punishable under section 2241 (relating to aggravated sexual 
     abuse), section 2242 (relating to sexual abuse), or section 
     2243 (relating to sexual abuse of a minor or ward) of title 
     18, United States Code;
       (B) 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));
       (C) 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
       (D) 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

[[Page H5468]]

     the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(e)).

     SEC. 1102. CONTINGENT NONIMMIGRANT STATUS ELIGIBILITY AND 
                   APPLICATION.

       (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;
       (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; and
       (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.
       (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 or degree from a high school in 
     the United States or the equivalent of such a diploma as 
     recognized under State law (such as a general equivalency 
     diploma, certificate of completion, or certificate of 
     attendance).
       (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.
       (C) Disability waiver.--Subparagraph (A) shall not apply in 
     the case of an alien if the Secretary determines on a case by 
     case basis that the alien is unable because of a physical or 
     developmental disability or mental impairment to meet the 
     requirement of such subparagraph.
       (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 (except that in applying such 
     term for purposes of this paragraph, subparagraph (N) of 
     section 101(a)(43) does not apply);
       (iii) an offense classified as a misdemeanor in the 
     convicting jurisdiction which involved--

       (I) domestic violence (as such term is 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 such term is 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); or
       (IV) the violation of a protection order (as such term is 
     defined in section 2266 of title 18, United States Code);

       (iv) one or more offenses classified as a misdemeanor in 
     the convicting jurisdiction which involved driving while 
     intoxicated or driving under the influence (as such terms are 
     defined in section 164(a)(2) of title 23, United States 
     Code);
       (v) two or more misdemeanors (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
       (vi) 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, with 
     regard to which the alien has not satisfied any requirement 
     to pay restitution or any civil legal judgements awarded to 
     any victims (or family members of victims) of the crime;
       (D) is described in section 212(a)(2)(N) of the Immigration 
     and Nationality Act (8 U.S.C. 1882(a)(2)) (relating to aliens 
     associated with criminal gangs);
       (E) 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, paragraphs (5)(A), 
     (6)(A), (6)(D), (6)(G), (7), (9)(B), and (9)(C)(i)(I) of such 
     section shall not apply;
       (F) 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;
       (G) 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, notwithstanding 
     any unauthorized employment or other violation of 
     nonimmigrant status;
       (H) has failed to comply with the requirements of any 
     removal order or voluntary departure agreement;
       (I) 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)), unless the case has been reopened;
       (J) 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, except that the requirement under this subparagraph 
     shall not apply in the case of an alien if the Secretary 
     determines on a case by case basis that the alien--
       (i) is unable because of a physical or developmental 
     disability or mental impairment to meet the requirement of 
     such subparagraph; or
       (ii) is the primary caregiver of--

       (I) a child under 18 years of age; or
       (II) a child 18 years of age or over, spouse, parent, 
     grandparent, or sibling, who is incapable of self-care 
     because of a mental or physical disability or who has a 
     serious injury or illness (as such term is defined in section 
     101(18) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611(18)));

       (K) has not attested that such alien is not delinquent with 
     respect to any Federal, State, or local income or property 
     tax liability, and has not attested that such alien does not 
     have 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
       (L) has at any time been convicted of sexual assault.
       (5) Treatment of certain breaks in presence.--For purposes 
     of paragraph (2), any period of travel outside the United 
     States by an alien that was authorized by the Secretary may 
     not be considered to interrupt any period of continuous 
     physical presence.
       (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 1107.
       (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 1107, except that the 
     Secretary may extend such period for not more than one 90-day 
     period.
       (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). The Secretary shall 
     by rule require applicants to provide substantiating

[[Page H5469]]

     information necessary to evaluate the attestation of the 
     alien relevant to the grounds of ineligibility under 
     subsection (b)(4)(K), including, as applicable, tax returns 
     and return information available to the applicant under 
     section 6103(e) of the Internal Revenue Code of 1986 (26 
     U.S.C. 6103(e)), evidence of tax refunds, and receipts of 
     taxes paid.
       (B) Interview.--The Secretary may 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.
       (vi) A document issued by the Department of Homeland 
     Security.
       (vii) A travel document issued by the Department of State.
       (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)(C) and (E).
       (C) A certified school transcript demonstrating that the 
     alien satisfies the requirements of subsection (b)(3).
       (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 one-time 
     border security fee to the Department of Homeland Security in 
     an amount of $1,000, which may be paid in installments.
       (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 A, 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--

       (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) Confidentiality of information.--No information 
     provided in a nonfraudulent application for contingent 
     nonimmigrant status which is related to the immigration 
     status of the parent of an applicant for such status, which 
     is not otherwise available to the Secretary of Homeland 
     Security, may be used for the purpose of initiating or 
     proceeding with removal proceedings with respect to such a 
     parent.
       (d) Work Authorization Renewals.--Beginning on the date of 
     the enactment of this Act and ending on the date on which an 
     alien's application for contingent nonimmigrant status has 
     been finally adjudicated, the Secretary shall, upon the 
     application of an alien--
       (1) renew the employment authorization for an alien who 
     possesses an Employment Authorization Document that was valid 
     on the date of the enactment of this Act, and that 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'' who demonstrates economic necessity; and
       (2) grant employment authorization to an alien who appears 
     prima facie eligible for contingent nonimmigrant status, who 
     attains the age of 15 after the date of the enactment of this 
     Act, and who demonstrates economic necessity.

     SEC. 1103. TERMS AND CONDITIONS OF CONDITIONAL NONIMMIGRANT 
                   STATUS.

       (a) Duration of Status and Extension.--The initial period 
     of contingent nonimmigrant status--
       (1) shall be 6 years unless revoked pursuant to subsection 
     (d); and
       (2) may be extended for additional 6-year terms if--
       (A) the alien remains eligible for contingent nonimmigrant 
     status under paragraphs (1), (2), and (4) of section 1102(b) 
     (other than with regard to the requirement under paragraph 
     (4)(J) of such subsection);
       (B) the alien again passes background checks equivalent to 
     the background checks described in section 1102(c)(9); and
       (C) such status was not revoked by the Secretary for any 
     reason.
       (b) Terms and Conditions of Contingent Nonimmigrant 
     Status.--
       (1) Work authorization.--The Secretary shall grant 
     employment authorization to an alien granted contingent 
     nonimmigrant status who demonstrates economic necessity.
       (2) Travel outside the united states.--

[[Page H5470]]

       (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 (d).
       (B) Authorization.--The Secretary may authorize a 
     contingent nonimmigrant to travel outside the United States 
     and shall grant the contingent nonimmigrant reentry provided 
     that the contingent nonimmigrant--
       (i) was not absent from the United States for a continuous 
     period in excess of 180 days during each 6-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 or 
     as part of the alien's active duty service in the Armed 
     Forces of the United States; and
       (ii) is otherwise admissible to the United States, except 
     as provided in section 1102(b)(4)(E).
       (C) Study abroad.--For purposes of subparagraph (B)(i), in 
     the case of a contingent nonimmigrant who was absent from the 
     United States for participation in a study abroad program 
     offered by an institution of higher education (as such term 
     is defined in section 101 of the Higher Education Act of 1965 
     (20 U.S.C. 1001)), 60 of such days shall not be counted 
     towards the period described in such subparagraph.
       (3) Ineligibility for coverage through health exchanges.--
     In applying section 1312(f)(3) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18032(f)(3)), a contingent 
     nonimmigrant shall not be treated as an individual who is, or 
     is reasonably expected to be, a citizen or national of the 
     United States or an alien lawfully present in the United 
     States.
       (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) Authorization for enlistment.--Section 504(b)(1) of 
     title 10, United States Code, is amended by adding at the end 
     the following new subparagraph:
       ``(D) A contingent nonimmigrant (as such term is defined in 
     section 1101 of division B of the Border Security and 
     Immigration Reform Act of 2018).''.
       (c) 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 section 1102(b)(2)(D), (3), (4)(A) through (D), (4)(E) 
     through (I), and (4)(N);
       (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. 1104. ADJUSTMENT OF STATUS.

       Beginning on the date that is 5 years after an alien 
     becomes a contingent nonimmigrant, if that alien retains 
     status as a contingent nonimmigrant, then in applying section 
     245 of the Immigration and Nationality Act (8 U.S.C. 1255(a)) 
     to the alien--
       (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)(D), (6)(G), (7), 
     (9)(B), and (9)(C)(i)(I) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)) shall not apply.

     SEC. 1105. 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;
       (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. 1106. 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, including an electronically 
     submitted 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. 1107. RULEMAKING.

       Not later than June 1, 2019, the Secretary shall make 
     interim final rules to implement this title.

     SEC. 1108. 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.

     SEC. 1109. ADDITION OF DEFINITION.

       Section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)) is amended by adding at the end the 
     following:
       ``(54) The term `contingent nonimmigrant' has the meaning 
     given that term in section 1101(b)(2) of division B of the 
     Border Security and Immigration Reform Act of 2018.''.

          TITLE II--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES

     SEC. 2101. 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.--The Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (1) in section 201--
       (A) in subsection (a), by striking paragraph (3);
       (B) by striking subsection (e);
       (2) in section 203--
       (A) in subsection (b)(2)(B)(ii)(IV), by striking ``section 
     203(b)(2)(B)'' each place such term appears and inserting 
     ``clause (i)'';
       (B) in subsection (d), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)'';
       (C) in subsection (e), by striking paragraph (2);
       (D) in subsection (f), by striking ``subsection (a), (b), 
     or (c) of this section'' and inserting ``subsection (a) or 
     (b)'';

[[Page H5471]]

       (E) in subsection (g), by striking ``subsections (a), (b), 
     and (c)'' and inserting ``subsections (a) and (b)''; and
       (F) in subsection (h)(2)(B), by striking ``subsection (a), 
     (b), or (c)'' and inserting ``subsection (a) or (b)''; and
       (3) in section 204(a)(1), by striking subparagraph (I).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2019.

     SEC. 2102. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

       (a) In General.--Section 202(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
       (1) in the paragraph heading, by striking ``and employment-
     based'';
       (2) by striking ``(3), (4), and (5),'' and inserting ``(3) 
     and (4),'';
       (3) by striking ``subsections (a) and (b) of section 203'' 
     and inserting ``section 203(a)'';
       (4) by striking ``7'' and inserting ``15''; and
       (5) by striking ``such subsections'' and inserting ``such 
     section''.
       (b) Conforming Amendments.--Section 202 of the Immigration 
     and Nationality Act (8 U.S.C. 1152) is amended--
       (1) in subsection (a)(3), by striking ``both subsections 
     (a) and (b) of section 203'' and inserting ``section 
     203(a)'';
       (2) in subsection (a)(4), by striking subparagraph (D);
       (3) by striking subsection (a)(5); and
       (4) by amending subsection (e) to read as follows:
       ``(e) Special Rules for Countries at Ceiling.--If it is 
     determined that the total number of immigrant visas made 
     available under section 203(a) to natives of any single 
     foreign state or dependent area will exceed the numerical 
     limitation specified in subsection (a)(2) in any fiscal year, 
     in determining the allotment of immigrant visa numbers to 
     natives under section 203(a), visa numbers with respect to 
     natives of that state or area shall be allocated (to the 
     extent practicable and otherwise consistent with this section 
     and section 203) in a manner so that, except as provided in 
     subsection (a)(4), the proportion of the visa numbers made 
     available under each of paragraphs (1) and (2) of section 
     203(a) is equal to the ratio of the total number of visas 
     made available under the respective paragraph to the total 
     number of visas made available under section 203(a).''.
       (c) Country-specific Offset.--Section 2 of the Chinese 
     Student Protection Act of 1992 (8 U.S.C. 1255 note) is 
     amended--
       (1) in subsection (a), by striking ``subsection (e))'' and 
     inserting ``subsection (d))''; and
       (2) by striking subsection (d) and redesignating subsection 
     (e) as subsection (d).
       (d) Transition Rules for Employment-based Immigrants.--
       (1) In general.--Subject to the succeeding paragraphs of 
     this subsection and notwithstanding title II of the 
     Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the 
     following rules shall apply:
       (A) For fiscal year 2019, 15 percent of the immigrant visas 
     made available under each of paragraphs (2) and (3) of 
     section 203(b) of such Act (8 U.S.C. 1153(b)) shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the two states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2018 under such paragraphs.
       (B) For fiscal year 2020, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the two states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2019 under such paragraphs.
       (C) For fiscal year 2021, 10 percent of the immigrant visas 
     made available under each of such paragraphs shall be 
     allotted to immigrants who are natives of a foreign state or 
     dependent area that was not one of the two states with the 
     largest aggregate numbers of natives obtaining immigrant 
     visas during fiscal year 2020 under such paragraphs.
       (2) Per-country levels.--
       (A) Reserved visas.--With respect to the visas reserved 
     under each of subparagraphs (A) through (C) of paragraph (1), 
     the number of such visas made available to natives of any 
     single foreign state or dependent area in the appropriate 
     fiscal year may not exceed 25 percent (in the case of a 
     single foreign state) or 2 percent (in the case of a 
     dependent area) of the total number of such visas.
       (B) Unreserved visas.--With respect to the immigrant visas 
     made available under each of paragraphs (2) and (3) of 
     section 203(b) of such Act (8 U.S.C. 1153(b)) and not 
     reserved under paragraph (1), for each of fiscal years 2019, 
     2020, and 2021, not more than 85 percent shall be allotted to 
     immigrants who are natives of any single foreign state.
       (3) Special rule to prevent unused visas.--If, with respect 
     to fiscal year 2019, 2020, or 2021, the operation of 
     paragraphs (1) and (2) of this subsection would prevent the 
     total number of immigrant visas made available under 
     paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C. 
     1153(b)) from being issued, such visas may be issued during 
     the remainder of such fiscal year without regard to 
     paragraphs (1) and (2) of this subsection.
       (4) Rules for chargeability.--Section 202(b) of such Act (8 
     U.S.C. 1152(b)) shall apply in determining the foreign state 
     to which an alien is chargeable for purposes of this 
     subsection.
       (e) Effective Date.--The amendments made by this section 
     shall take effect as if enacted on September 30, 2018, and 
     shall apply to fiscal years beginning with fiscal year 2019.

     SEC. 2103. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

       (a) In General.--Section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) is amended--
       (1) in paragraph (1), by striking ``paragraph (4)'' and 
     inserting ``paragraph (2)''; and
       (2) by striking paragraphs (3) and (4).
       (b) Conforming Amendments.--
       (1) 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 ``paragraph (1), 
     (3), or (4)'' and inserting ``paragraph (1)'';
       (ii) in subparagraph (B)(i), by redesignating the second 
     subclause (I) as subclause (II); and
       (iii) in subparagraph (D)(i)(I), by striking ``paragraph 
     (1), (2), or (3)'' and inserting ``paragraph (1) or (2)''; 
     and
       (B) in subsection (f)(1), by striking ``, 203(a)(1), or 
     203(a)(3)'' and inserting ``or 203(a)(1)''.
       (2) Waivers of inadmissibility.--Section 212 of such Act (8 
     U.S.C. 1182) is amended in subsection (d)(11), by striking 
     ``(other than paragraph (4) thereof)''.
       (3) Rules for determining whether certain aliens are 
     immediate relatives.--Section 201(f) of such Act (8 U.S.C. 
     1151(f)) is amended--
       (A) by striking paragraph (3);
       (B) by redesignating paragraph (4) as paragraph (3); and
       (C) in paragraph (3), as redesignated, by striking ``(1) 
     through (3)'' and inserting ``(1) and (2)''.
       (c) Effective Date; Applicability.--
       (1) Effective date.--The amendments made by this section 
     shall take effect on October 1, 2019.
       (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 203(a)(3) or (4) of 
     such Act (8 U.S.C. 1153(a)). Any application for adjustment 
     of status or an immigrant visa based on such a petition shall 
     be invalid.
       (B) Pending petitions.--Neither the Secretary of Homeland 
     Security nor the Secretary of State may adjudicate or approve 
     any petition under section 204 of the Immigration and 
     Nationality Act (8 U.S.C. 1154) pending as of the date of 
     enactment of this Act seeking classification of an alien 
     under section 203(a)(3) or (4) of such Act (8 U.S.C. 
     1153(a)). Any application for adjustment of status or an 
     immigrant visa based on such a petition shall be invalid.
       (3) Applicability to waitlisted applicants.--An alien with 
     regard to whom a petition or application for status under 
     paragraph (3) or (4) of section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)), was approved prior to the 
     date of the enactment of this Act, may be issued a visa 
     pursuant to that paragraph subject to the availability of 
     visas allocated to that category for fiscal year 2019.

     SEC. 2104. ALLOCATION OF IMMIGRANT VISAS FOR CONTINGENT 
                   NONIMMIGRANTS AND CHILDREN OF CERTAIN 
                   NONIMMIGRANTS.

       (a) In General.--Section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153), as amended by this title, is 
     further amended--
       (1) by inserting after subsection (b) the following:
       ``(c) Adjustment for Contingent Nonimmigrants and Children 
     of Certain Nonimmigrants.--
       ``(1) In general.--Aliens subject to the worldwide level 
     specified in section 201(e) for immigrants who shall be 
     allotted visas in accordance with section 204(a)(1)(I) are--
       ``(A) contingent nonimmigrants; and
       ``(B) aliens described in paragraph (2).
       ``(2) Aliens described.--An alien described in this 
     paragraph is an alien who--
       ``(A) is the son or daughter of an alien admitted under--
       ``(i) section 101(a)(15)(E)(i) or (E)(ii);
       ``(ii) section 101(a)(15)(H)(i)(b); or
       ``(iii) section 101(a)(15)(L);
       ``(B) initially entered the United States aged less than 16 
     years as a dependent of the parent described in subparagraph 
     (A) while the parent was in such status;
       ``(C) maintained--
       ``(i) lawful status for the 10-year period prior to the 
     date of the enactment of the Border Security and Immigration 
     Reform Act of 2018; and
       ``(ii) continuous physical presence in the United States 
     (except in accordance with the terms of the alien's visa or 
     lawful status) for the period described in clause (i); and
       ``(D) was not in an unlawful immigration status on the date 
     on which the alien submits a petition for an immigrant visa 
     under section 204(a)(1)(I).
       ``(3) Point system.--An alien seeking to be classified as 
     an immigrant under this subsection shall submit a petition, 
     in such form and manner as the Secretary of Homeland Security 
     may require, setting forth such information as the Secretary 
     may require in

[[Page H5472]]

     order to make awards of points for that petitioner in each of 
     the following categories:
       ``(A) Education.--A petitioner shall be awarded points for 
     a single degree, equal to the highest point award of the 
     following for which the petitioner is eligible:
       ``(i) 4 points for a diploma or degree from a foreign 
     school that is comparable to a high school in the United 
     States.
       ``(ii) 6 points for a diploma or degree from a high school 
     in the United States, or the equivalent of such a diploma as 
     recognized under State law (such as a general equivalency 
     diploma, certificate of completion, or certificate of 
     attendance).
       ``(iii) 8 points for an associate's degree (or the 
     equivalent) from a foreign institution that is comparable to 
     an institution of higher education in the United States.
       ``(iv) 10 points for an associate's degree from an 
     institution of higher education in the United States.
       ``(v) 12 points for a bachelor's degree (or the equivalent) 
     from a foreign institution that is comparable to an 
     institution of higher education in the United States.
       ``(vi) 15 points for a degree from for a recognized 
     postsecondary credential (as defined in section 3 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3102), 
     including a certificate of completion of an apprenticeship 
     (including an apprenticeships registered under the Act of 
     August 16, 1937 (commonly known as the `National 
     Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 
     et seq.)), except that such term does not include an 
     associate's or bachelor's degree).
       ``(vii) 15 points for a bachelor's degree from an 
     institution of higher education in the United States.
       ``(viii) 15 points for a graduate or professional degree 
     (or the equivalent) from a foreign institution that is 
     comparable to an institution of higher education in the 
     United States.
       ``(ix) 17 points for a degree described in clause (v), 
     which is in a field of science, technology, engineering, or 
     mathematics.
       ``(x) 17 points for a graduate or professional degree from 
     an institution of higher education in the United States.
       ``(xi) 22 points for a degree described in clause (vii), 
     which is in a field of science, technology, engineering, or 
     mathematics.
       ``(xii) 24 points for a degree described in clause (viii) 
     or (x), which is in a field of science, technology, 
     engineering, or mathematics.
       ``(xiii) 26 points for a doctoral degree (or the 
     equivalent) from a foreign institution that is comparable to 
     an institution of higher education in the United States.
       ``(xiv) 28 points for a doctoral degree from an institution 
     of higher education in the United States.
       ``(xv) 30 points for a degree described in clause (x), 
     which is in a field of science, technology, engineering, or 
     mathematics from a covered institution.
       ``(xvi) 30 points for a doctorate of medicine (or the 
     equivalent) from a foreign graduate medical school that is 
     comparable to a graduate medical school at an institution of 
     higher education in the United States.
       ``(xvii) 34 points for a degree described in clause (xiii) 
     or (xiv), which is in a field of science, technology, 
     engineering, or mathematics.
       ``(xviii) 34 points for a doctorate of medicine from 
     graduate medical school at an institution of higher education 
     in the United States.
       ``(xix) 40 points for a degree described in clause (xiv), 
     which is in a field of science, technology, engineering, or 
     mathematics from a covered institution.
       ``(B) Employment.--A petitioner shall be awarded points for 
     each 2-year period in which the petitioner is employed on a 
     full-time basis, equal to \1/3\ of the points awarded under 
     subparagraph (A) for the lowest degree that is required for 
     any position held during such period. In the case of a 
     position for which no degree is required, the position shall 
     be considered to require a diploma or degree described in 
     subparagraph (A)(ii). A single period of not more than 2 
     weeks during which a petitioner is unemployed, but is in 
     receipt of a job offer, shall not be considered to interrupt 
     a period of employment.
       ``(C) Military service.--A petitioner shall be awarded 
     points for service in the Armed Forces equal to 30 points for 
     any alien who served as a member of a regular or reserve 
     component of the Armed Forces in an active duty status for 
     not less than 3 years, and, if discharged, received a 
     discharge other than dishonorable.
       ``(D) English language proficiency.--A petitioner shall be 
     awarded points for English proficiency equal to the highest 
     of the following for which the petitioner is eligible:
       ``(i) 2 points for a score in the 5th decile on an English 
     language proficiency test.
       ``(ii) 6 points for a score in the 6th decile on an English 
     language proficiency test.
       ``(iii) 7 points for a score in the 7th decile on an 
     English language proficiency test.
       ``(iv) 8 points for a score in the 8th decile on an English 
     language proficiency test.
       ``(v) 9 points for a score in the 9th decile on an English 
     language proficiency test.
       ``(vi) 10 points for a score in the 10th decile on an 
     English language proficiency test.
       ``(4) Total point score; subsequent submissions; 
     verification.--
       ``(A) Total point score.--The total point score for a 
     petitioner is equal to sum of the points awarded under each 
     of subparagraphs (A), (B), (C), and (D) of paragraph (3).
       ``(B) Subsequent submissions.--The alien may amend the 
     petition under this subsection at any point after the initial 
     filing to provide information for purposes of new point 
     awards for which the alien may be eligible.
       ``(C) Duration of petition validity.--A petition under this 
     subsection shall be valid--
       ``(i) in the case of a petition that is denied, the date of 
     such denial; or
       ``(ii) in the case of a petition that is granted, the date 
     on which a visa has been issued pursuant to such petition.
       ``(D) Verification.--Prior to the issuance of any visa 
     under this subsection, the Secretary shall verify that the 
     information in the petition remains accurate as of the time 
     of the visa issuance.
       ``(E) Clarification.--A petition may not be denied for the 
     failure of a petitioner to attain the minimum number of 
     points required under subsection (e)(2).
       ``(5) Definitions.--
       ``(A) English language proficiency test.--The term `English 
     language proficiency test' means any test to measure English 
     proficiency that has been approved by the Director of U.S. 
     Citizenship and Immigration Services, in consultation with 
     the Secretary of Education.
       ``(B) Field of science, technology, engineering, or 
     mathematics.--The term `field of science, technology, 
     engineering, or mathematics' means a field included in the 
     Department of Education's Classification of Instructional 
     Programs taxonomy within the summary groups of computer and 
     information sciences and support services, engineering, 
     biological and biomedical sciences, mathematics and 
     statistics, physical sciences, and the series geography and 
     cartography (series 45.07), advanced/graduate dentistry and 
     oral sciences (series 51.05) and nursing (series 51.38).
       ``(C) High school.--The term `high school' has the meaning 
     given such term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       ``(D) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 102(a)(1) of the Higher Education Act of 1965 
     (20 U.S.C. 1002(a)(1)), except that such term does not 
     include an institution outside the United States described in 
     subparagraph (C) of such section.
       ``(E) Covered institution.--The term `covered institution' 
     means an institution that--
       ``(i) is an institution of higher education;
       ``(ii) as classified by the Carnegie Foundation for the 
     Advancement of Teaching on January 1, 2019, as a doctorate-
     granting university with a very high or high level of 
     research activity or classified by the National Science 
     Foundation after the date of enactment of this paragraph, 
     pursuant to an application by the institution, as having 
     equivalent research activity to those institutions that had 
     been classified by the Carnegie Foundation as being 
     doctorate-granting universities with a very high or high 
     level of research activity; and
       ``(iii) has been in existence for at least 10 years.
       ``(F) Full-time.--The term `full-time' means--
       ``(i) in the case of an individual who is not described in 
     clause (ii), not less than 35 hours per week; or
       ``(ii) in the case of an individual who is enrolled in and 
     is in regular attendance at a high school or institution of 
     education within the United States, or who is the primary 
     caregiver of--

       ``(I) a child under 18 years of age; or
       ``(II) a child 18 years of age or over, spouse, parent, 
     grandparent, or sibling, who is incapable of self-care 
     because of a mental or physical disability or who has a 
     serious injury or illness (as such term is defined in section 
     101(18) of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611(18))),

     not less than 20 hours per week.''; and
       (2) in subsection (e), by inserting after paragraph (1), 
     the following:
       ``(2) Immigrant visas made available under subsection (c) 
     shall be issued in accordance with the following:
       ``(A) The Secretary of Homeland Security shall, 
     periodically but not less than once each fiscal year, make 
     final determinations with regard to that period of the point 
     values allocated to applicants in accordance with subsection 
     (c)(3) through (5).
       ``(B) The Secretary shall first determine the applicant who 
     is described under subsection (c)(2) who is the son or 
     daughter of an alien admitted under section 101(a)(15)(E)(i) 
     or (ii) and who has the highest total point score greater 
     than 12 calculated for that period under subsection (c)(4)(A) 
     of all such applicants, and shall issue a visa to such 
     applicant.
       ``(C) The Secretary shall next determine the applicant who 
     is described under subsection (c)(2) who is the son or 
     daughter of an alien admitted under section 
     101(a)(15)(H)(i)(b) and who has the highest total point score 
     greater than 12 calculated for that period under subsection 
     (c)(4)(A) of all such applicants, and shall issue a visa to 
     such applicant.
       ``(D) The Secretary shall next determine the applicant who 
     is described under subsection (c)(2) who is the son or 
     daughter of an alien admitted under section 101(a)(15)(L) and 
     who has the highest total point score greater than 12 
     calculated for that period under subsection (c)(4)(A) of all 
     such applicants, and shall issue a visa to such applicant.

[[Page H5473]]

       ``(E) The Secretary shall next determine the applicant who 
     is described under subsection (c)(2) who is a contingent 
     nonimmigrant and who has the highest total point score 
     greater than 12 calculated for that period under subsection 
     (c)(4)(A) of all such applicants, and shall issue a visa to 
     such applicant.
       ``(F) The Secretary shall then repeat the process specified 
     in subparagraphs (B) through (E) until all visas made 
     available for that period have been issued. If no applicants 
     remain for any such category, the Secretary shall exclude 
     that category from further consideration for that period.
       ``(G) In any case in which more than one petitioner in a 
     category under this paragraph has the same total point score, 
     the Secretary shall issue the visa to the applicant whose 
     petition was filed earliest.
       ``(H) No petitioner with a total point score which is less 
     than 12 may be issued a visa under this paragraph.''.
       (b) Worldwide Level.--Section 201 of the Immigration and 
     Nationality Act (8 U.S.C. 1151), as amended by this title, is 
     further amended--
       (1) in subsection (a), by inserting after paragraph (2) the 
     following:
       ``(3) for fiscal years beginning with fiscal year 2025, 
     immigrants who are aliens described in section 203(c) in a 
     number not to exceed in any fiscal year the number specified 
     in subsection (e) for that year, and not to exceed in any of 
     the first 3 quarters of any fiscal year 27 percent of the 
     worldwide level under such subsection for all of such fiscal 
     year.''.
       (2) by inserting after subsection (d) the following:
       ``(e) Worldwide Level for Contingent Nonimmigrants and 
     Certain Children of Nonimmigrants.--
       ``(1) In general.--The worldwide level of immigrants who 
     may receive a visa under section 203(c) is equal to--
       ``(A) 470,400 for fiscal year 2025; and
       ``(B) for each fiscal year thereafter, any visas under this 
     subsection for the prior fiscal year that are unused, plus 
     the lesser of--
       ``(i) 78,400; and
       ``(ii) the number calculated under paragraph (3) for the 
     fiscal year.
       ``(2) Calculation of total eligible pool.--The number 
     calculated under this paragraph is equal to--
       ``(A) the number of applications received by the Secretary 
     under section 1102(c) of division B of the Border Security 
     and Immigration Reform Act of 2018 during the application 
     period set forth in such section, plus
       ``(B) the number of petitions filed by an alien described 
     in section 203(c)(2) during the period set forth in section 
     204(a)(1)(I)(ii)(II).
       ``(3) Number of visas remaining to be place in escrow.--The 
     number calculated under this paragraph for a fiscal year is 
     equal to the number calculated under paragraph (2), less the 
     total number of visas issued under section 203(c) during the 
     period beginning on October 1, 2024 and ending on the last 
     day of the prior fiscal year.''.
       (c) Procedure for Granting Immigrant Status.--Section 
     204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)), as amended by this title, is further amended by 
     inserting after subparagraph (H) the following:
       ``(I)(i) A contingent nonimmigrant or an alien described in 
     section 203(c)(2) desiring to be provided an immigrant visa 
     under section 203(c) (including such an alien who is under 18 
     years of age) may file a petition during the period described 
     in clause (ii) at the place determined by the Secretary of 
     Homeland Security by regulation.
       ``(ii)(I) A contingent nonimmigrant may file a petition for 
     an immigrant visa under section 203(c) during the period 
     beginning on the date on which the alien obtained contingent 
     nonimmigrant status under section 1103(a) of the Border 
     Security and Immigration Reform Act of 2018, and ending on 
     the date that is 5 years after such date.
       ``(II) An alien described in section 203(c)(2) may file a 
     petition for an immigrant visa under section 203(c) during 
     the period beginning on October 1, 2019, and ending on 
     October 1, 2020. Such an alien may file such a petition from 
     outside the United States.''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2019.

     SEC. 2105. SUNSET OF ADJUSTMENT VISAS FOR CONDITIONAL 
                   NONIMMIGRANTS AND CHILDREN OF CERTAIN 
                   NONIMMIGRANTS.

       (a) Sunset.--
       (1) In general.--Section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153) is amended by striking 
     subsection (c).
       (2) Technical and conforming amendments.--The Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
       (A) 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);
       (B) in section 203(e), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2); and
       (C) in section 204--
       (i) in subsection (a)(1), by striking subparagraph (I); and
       (ii) in subsection (e), by striking ``subsection (a), (b), 
     or (c) of section 203'' and inserting ``subsection (a) or (b) 
     of section 203''.
       (3) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on the first day of 
     the first full fiscal year beginning after September 30, 2025 
     and after the date on which no alien has a petition for an 
     immigrant visa or adjustment of status under section 203(c) 
     of the Immigration and Nationality Act (8 U.S.C. 1153(c)), or 
     any appeal pertaining to such petition, pending.
       (4) Escrow for pending applications.--
       (A) In general.--On the date of the effective date of this 
     subsection, a number of immigrant visas equal to any visas 
     under section 203(c)(2) for the prior fiscal year that are 
     unused shall be made available for award to covered aliens in 
     accordance with section 203(c) of the Immigration and 
     Nationality Act, as in effect on the date that is 1 day prior 
     to the effective date of this subsection.
       (B) Covered alien.--For purposes of this paragraph, the 
     term ``covered alien'' means an alien who--
       (i) on the date on which the application period under 
     section 204(a)(1)(I) of the Immigration and Nationality Act, 
     as in effect on the day prior to the effective date of this 
     subsection, ended had an application pending for contingent 
     nonimmigrant status; and
       (ii) was granted contingent nonimmigrant status on or after 
     the effective date of this subsection.
       (b) Reallocation of 4th Priority Family Visas to Employment 
     Categories.--
       (1) Worldwide level of employment-based immigrants.--
     Section 201(d) of the Immigration and Nationality Act (8 
     U.S.C. 1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Employment-based Immigrants.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is equal to 205,000 (except that 
     for fiscal year 2020, such level is equal to 204,100).''.
       (2) Preference allocation for employment-based 
     immigrants.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) is amended--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``28.6 percent of such worldwide level'' and 
     inserting ``60,040 (except that for fiscal year 2020, such 
     number is equal to 59,740)'';
       (B) in paragraph (2)(A), by striking ``28.6 percent of such 
     worldwide level'' and inserting ``60,040 (except that for 
     fiscal year 2020, such number is equal to 59,740)'';
       (C) in paragraph (3)(A), by striking ``28.6 percent of such 
     worldwide level'' and inserting ``60,040 (except that for 
     fiscal year 2020, such number is equal to 59,740)'';
       (D) in paragraph (4), by striking ``7.1 percent of such 
     worldwide level'' and inserting ``14,940''; and
       (E) in paragraph (5)(A), by striking ``7.1 percent of such 
     worldwide level'' and inserting ``9,940''.
       (3) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect beginning on 
     October 1, 2019.

     SEC. 2106. IMPLEMENTATION.

       Not later than September 30, 2019, the Secretary of 
     Homeland Security shall publish interim final rules 
     implementing this title and the amendments made by this 
     title.

     SEC. 2107. REPEAL OF SUSPENSION OF DEPORTATION AND ADJUSTMENT 
                   OF STATUS FOR CERTAIN ALIENS.

       (a) Repeal of Temporary Reduction of Visas.--Section 203 of 
     the Nicaraguan Adjustment and Central American Relief Act is 
     amended--
       (1) by striking subsection (d) (8 U.S.C. 1151 note); and
       (2) by striking subsection (e) (8 U.S.C. 1153 note).
       (b) Repeal of Certain Transition Rule.--Section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (Public Law 104-208; division C; 8 U.S.C. 1101 note) 
     is amended--
       (1) in subsection (c)(5), by striking subparagraph (C);
       (2) by striking subsection (f);
       (3) by striking subsection (g); and
       (4) by striking subsection (h).
       (c) Repeal of Exception for Certain Aliens From Annual 
     Limitation on Cancellation of Removals.--Paragraph (3) of 
     section 240A(e) of the Immigration and Nationality Act (8 
     U.S.C. 1229b(e)) is amended to read as follows:
       ``(3) Exception for certain aliens.--Paragraph (1) shall 
     not apply to aliens in deportation proceedings prior to April 
     1, 1997, who applied for suspension of deportation under 
     section 244(a)(3) (as in effect before the date of the 
     enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996).''.
       (d) Transition Rule.--The amendments made by this section 
     shall take effect on October 1, 2019.

     TITLE III--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION 
                              ENFORCEMENT

     SEC. 3101. 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;

[[Page H5474]]

       (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
       (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, if 
     available.
       ``(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 the effective date of this clause, 
     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.''; 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 unaccompanied alien child apprehended on 
     or after the date of enactment.

     SEC. 3102. 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.
       ``(3) Family detention.--The Secretary of Homeland Security 
     shall--
       ``(A) maintain the care and custody of an alien, during the 
     period during which the charges described in clause (i) are 
     pending, who--
       ``(i) is charged only with a misdemeanor offense under 
     section 275(a) of the Immigration and Nationality Act (8 
     U.S.C. 1325(a)); and
       ``(ii) entered the United States with the alien's child who 
     has not attained 18 years of age; and
       ``(B) detain the alien with the alien's child.''.
       (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.
       (c) Preemption of State Licensing Requirements.--
     Notwithstanding any other provision of law, judicial 
     determination, consent decree, or settlement agreement, no 
     State may require that an immigration detention facility used 
     to detain children who have not attained 18 years of age, or 
     families consisting of one or more of such children and the 
     parents or legal guardians of such children, that is located 
     in that State, be licensed by the State or any political 
     subdivision thereof.

     SEC. 3103. 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

[[Page H5475]]

     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 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)--
         ``(AA) the alien has been convicted of (aaa) one or more 
     aggravated felonies (as defined in section 101(a)(43)(A)), 
     (bbb) one or more crimes identified by the Secretary of 
     Homeland Security by regulation, if the aggregate term of 
     imprisonment for such crimes is at least 5 years, or (ccc) 
     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 violent crimes 
     (as referred to in section 101(a)(43)(F), 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. 3104. DEFINITION OF AGGRAVATED FELONY.

       (a) In General.--Section 101(a)(43) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as 
     follows:
       ``(43) Notwithstanding any other provision of law, the term 
     `aggravated felony' means any offense, whether in violation 
     of Federal, State, or foreign law, that is described in this 
     paragraph. An offense described in this paragraph is--
       ``(A) homicide (including murder in any degree, 
     manslaughter, and vehicular manslaughter), rape (whether the 
     victim was conscious or unconscious), statutory rape, sexual 
     assault or battery, or any offense of a sexual nature 
     involving an intended victim under the age of 18 years 
     (including offenses in which the intended victim was a law 
     enforcement officer);
       ``(B)(i) illicit trafficking in a controlled substance (as 
     defined in section 102 of the Controlled Substances Act), 
     including a drug trafficking crime (as defined in section 
     924(c) of title 18, United States Code); or
       ``(ii) 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 (21 U.S.C. 802);
       ``(C) illicit trafficking in firearms or destructive 
     devices (as defined in section 921 of title 18, United States 
     Code) or in explosive materials (as defined in section 841(c) 
     of that title);
       ``(D) an offense described in section 1956 of title 18, 
     United States Code (relating to laundering of monetary 
     instruments) or section 1957 of that title (relating to 
     engaging in monetary transactions in property derived from 
     specific unlawful activity) if the amount of the funds 
     exceeded $10,000;
       ``(E) an offense described in--
       ``(i) section 842 or 844 of title 18, United States Code 
     (relating to explosive materials offenses);
       ``(ii) section 922 or 924 of title 18, United States Code 
     (relating to firearms offenses); or
       ``(iii) section 5861 of the Internal Revenue Code of 1986 
     (relating to firearms offenses);
       ``(F) a violent crime for which the term of imprisonment is 
     at least 1 year, including--
       ``(i) any offense that has an element the use, attempted 
     use, or threatened use of physical force against the person 
     or property of another; or
       ``(ii) any other offense in which the record of conviction 
     establishes that the offender used physical force against the 
     person or property of another in the course of committing the 
     offense;

[[Page H5476]]

       ``(G)(i) theft (including theft by deceit, theft by fraud, 
     embezzlement, motor vehicle theft, unauthorized use of a 
     vehicle, or receipt of stolen property), regardless of 
     whether the intended deprivation was temporary or permanent, 
     for which the term of imprisonment is at least 1 year; or
       ``(ii) burglary for which the term of imprisonment is at 
     least 1 year;
       ``(H) an offense described in section 875, 876, 877, or 
     1202 of title 18, United States Code (relating to the demand 
     for or receipt of ransom);
       ``(I) an offense involving child pornography or sexual 
     exploitation of a minor (including any offense described in 
     section 2251, 2251A, or 2252 of title 18, United States 
     Code);
       ``(J) an offense described in section 1962 of title 18, 
     United States Code (relating to racketeer influenced corrupt 
     organizations), or an offense described in section 1084 (if 
     it is a second or subsequent offense) or 1955 of that title 
     (relating to gambling offenses);
       ``(K) an offense that--
       ``(i) relates to the owning, controlling, managing, or 
     supervising of a prostitution business;
       ``(ii) is described in section 2421, 2422, or 2423 of title 
     18, United States Code (relating to transportation for the 
     purpose of prostitution) if committed for commercial 
     advantage; or
       ``(iii) is described in any of sections 1581-1585 or 1588-
     1591 of title 18, United States Code (relating to peonage, 
     slavery, involuntary servitude, and trafficking in persons);
       ``(L) an offense described in--
       ``(i) section 793 (relating to gathering or transmitting 
     national defense information), 798 (relating to disclosure of 
     classified information), 2153 (relating to sabotage) or 2381 
     or 2382 (relating to treason) of title 18, United States 
     Code;
       ``(ii) section 601 of the National Security Act of 1947 (50 
     U.S.C. 421) (relating to protecting the identity of 
     undercover intelligence agents);
       ``(iii) section 601 of the National Security Act of 1947 
     (relating to protecting the identity of undercover agents);
       ``(iv) section 175 (relating to biological weapons) of 
     title 18, United States Code;
       ``(v) sections 792 (harboring or concealing persons who 
     violated sections 793 or 794 of title 18, United States 
     Code), 794 (gathering or delivering defense information to 
     aid foreign government), 795 (photographing and sketching 
     defense installations), 796 (use of aircraft for 
     photographing defense installations), 797 (publication and 
     sale of photographs of defense installations), 799 (violation 
     of NASA regulations for protection of facilities) of title 
     18, United States Code;
       ``(vi) sections 831 (prohibited transactions involving 
     nuclear materials) and 832 (participation in nuclear and 
     weapons of mass destruction threats to the United States) of 
     title 18, United States Code;
       ``(vii) sections 2332a-d, f-h (relating to terrorist 
     activities) of title 18, United States Code;
       ``(viii) sections 2339 (relating to harboring or concealing 
     terrorists), 2339A (relating to material support to 
     terrorists), 2339B (relating to material support or resources 
     to designated foreign terrorist organizations), 2339C 
     (relating to financing of terrorism), 2339D (relating to 
     receiving military-type training from a terrorist 
     organization) of title 18, United States Code;
       ``(ix) section 1705 of the International Emergency Economic 
     Powers Act (50 U.S.C. 1705); or
       ``(x) section 38 of the Arms Export Control Act (22 U.S.C. 
     2778);
       ``(M) an offense that--
       ``(i) involves fraud or deceit in which the loss to the 
     victim or victims exceeds $10,000; or
       ``(ii) is described in section 7201 of the Internal Revenue 
     Code of 1986 (relating to tax evasion) in which the revenue 
     loss to the Government exceeds $10,000;
       ``(N) an offense described in section 274(a) (relating to 
     alien smuggling), except in the case of a first offense for 
     which the alien has affirmatively shown that the alien 
     committed the offense for the purpose of assisting, abetting, 
     or aiding only the alien's spouse, child, or parent (and no 
     other individual) to violate a provision of this Act;
       ``(O) an offense described in section 275 or 276 for which 
     the term of imprisonment is at least 1 year;
       ``(P) an offense which is described in chapter 75 of title 
     18, United States Code, and for which the term of 
     imprisonment is at least 1 year;
       ``(Q) an offense relating to a failure to appear by a 
     defendant for service of sentence if the underlying offense 
     is punishable by imprisonment for a term of 5 years or more;
       ``(R) an offense relating to commercial bribery, 
     counterfeiting, forgery, or trafficking in vehicles the 
     identification numbers of which have been altered for which 
     the term of imprisonment is at least one year;
       ``(S) an offense relating to obstruction of justice, 
     perjury or subornation of perjury, or bribery of a witness;
       ``(T) an offense relating to a failure to appear before a 
     court pursuant to a court order to answer to or dispose of a 
     charge of a felony for which a sentence of 2 years' 
     imprisonment or more may be imposed;
       ``(U) any offense for which the term of imprisonment 
     imposed was 2 years or more;
       ``(V) an offense relating to terrorism or national security 
     (including a conviction for a violation of any provision of 
     chapter 113B of title 18, United States Code; or
       ``(W)(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); or
       ``(X) an attempt or conspiracy to commit an offense 
     described in this paragraph or aiding, abetting, counseling, 
     procuring, commanding, inducing, facilitating, or soliciting 
     the commission of such an offense.
     Any determinations under this paragraph shall be made on the 
     basis of the record of conviction. For purposes of this 
     paragraph, a person shall be considered to have committed an 
     aggravated felony if that person has been convicted for 3 or 
     more misdemeanors not arising out the traffic laws (except 
     for any conviction for driving under the influence or an 
     offense that results in the death or serious bodily injury of 
     another person) or felonies for which the aggregate term of 
     imprisonment imposed was 3 years or more, regardless of 
     whether the convictions were all entered pursuant to a single 
     trial or the offenses arose from a single pattern or scheme 
     of conduct.''.
       (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. 3105. CRIME OF VIOLENCE.

       Section 16 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 16. Crime of violence defined

       ``(a) The term `crime of violence' means an offense that--
       ``(1)(A) is murder, voluntary manslaughter, assault, sexual 
     abuse or aggravated sexual abuse, abusive sexual contact, 
     child abuse, kidnapping, robbery, carjacking, firearms use, 
     burglary, arson, extortion, communication of threats, 
     coercion, unauthorized use of a vehicle, fleeing, 
     interference with flight crew members and attendants, 
     domestic violence, hostage taking, stalking, human 
     trafficking, or using weapons of mass destruction; or
       ``(B) involves use or unlawful possession of explosives or 
     destructive devices described in 5845(f) of the Internal 
     Revenue Code of 1986;
       ``(2) has as an element the use, attempted use, or 
     threatened use of physical force against the person or 
     property of another; or
       ``(3) is an attempt to commit, conspiracy to commit, 
     solicitation to commit, or aiding and abetting any of the 
     offenses set forth in paragraphs (1) and (2).
       ``(b) In this section:
       ``(1) The term `abusive sexual contact' means conduct 
     described in section 2244(a)(1) and (a)(2).
       ``(2) The terms `aggravated sexual abuse' and `sexual 
     abuse' mean conduct described in sections 2241 and 2242. For 
     purposes of such conduct, the term `sexual act' means conduct 
     described in section 2246(2), or the knowing and lewd 
     exposure of genitalia or masturbation, to any person, with an 
     intent to abuse, humiliate, harass, degrade, or arouse or 
     gratify the sexual desire of any person.
       ``(3) The term `assault' means conduct described in section 
     113(a), and includes conduct committed recklessly, knowingly, 
     or intentionally.
       ``(4) The term `arson' means conduct described in section 
     844(i) or unlawfully or willfully damaging or destroying any 
     building, inhabited structure, vehicle, vessel, or real 
     property by means of fire or explosive.
       ``(5) The term `burglary' means an unlawful or unprivileged 
     entry into, or remaining in, a building or structure, 
     including any nonpermanent or mobile structure that is 
     adapted or used for overnight accommodation or for the 
     ordinary carrying on of business, and, either before or after 
     entering, the person--
       ``(A) forms the intent to commit a crime; or
       ``(B) commits or attempts to commit a crime.
       ``(6) The term `carjacking' means conduct described in 
     section 2119, or the unlawful taking of a motor vehicle from 
     the immediate actual possession of a person against his will, 
     by means of actual or threatened force, or violence or 
     intimidation, or by sudden or stealthy seizure or snatching, 
     or fear of injury.
       ``(7) The term `child abuse' means the unlawful infliction 
     of physical injury or the commission of any sexual act 
     against a child under fourteen by any person eighteen years 
     of age or older.
       ``(8) The term `communication of threats' means conduct 
     described in section 844(e), or the transmission of any 
     communications containing any threat of use of violence to--
       ``(A) demand or request for a ransom or reward for the 
     release of any kidnapped person; or

[[Page H5477]]

       ``(B) threaten to kidnap or injure the person of another.
       ``(9) The term `coercion' means causing the performance or 
     non-performance of any act by another person which under such 
     other person has a legal right to do or to abstain from 
     doing, through fraud or by the use of actual or threatened 
     force, violence, or fear thereof, including the use, or an 
     express or implicit threat of use, of violence to cause harm, 
     or threats to cause injury to the person, reputation or 
     property of any person.
       ``(10) The term `domestic violence' means any assault 
     committed by a current or former spouse, parent, or guardian 
     of the victim, by a person with whom the victim shares a 
     child in common, by a person who is cohabiting with or has 
     cohabited with the victim as a spouse, parent, or guardian, 
     or by a person similarly situated to a spouse, parent, or 
     guardian of the victim
       ``(11) The term `extortion' means conduct described in 
     section 1951(b)(2)), but not extortion under color of 
     official right or fear of economic loss.
       ``(12) The term `firearms use' means conduct described in 
     section 924(c) or 929(a), if the firearm was brandished, 
     discharged, or otherwise possessed, carried, or used as a 
     weapon and the crime of violence or drug trafficking crime 
     during and in relation to which the firearm was possessed, 
     carried, or used was subject to prosecution in any court of 
     the United States, State court, military court or tribunal, 
     or tribal court. Such term also includes unlawfully 
     possessing a firearm described in section 5845(a) of the 
     Internal Revenue Code of 1986 (such as a sawed-off shotgun or 
     sawed-off rifle, silencer, bomb, or machine gun), possession 
     of a firearm described in section 922(g)(1), 922(g)(2) and 
     922(g)(4), possession of a firearm with the intent to use 
     such firearm unlawfully, or reckless discharge of a firearm 
     at a dwelling.
       ``(13) The term `fleeing' means knowingly operating a motor 
     vehicle and, following a law enforcement officer's signal to 
     bring the motor vehicle to a stop--
       ``(A) failing or refusing to comply; or
       ``(B) fleeing or attempting to elude a law enforcement 
     officer.
       ``(14) The term `force' means the level of force needed or 
     intended to overcome resistance.
       ``(15) The term `hostage taking' means conduct described in 
     section 1203.
       ``(16) The term `human trafficking' means conduct described 
     in section 1589, 1590, and 1591.
       ``(17) The term `interference with flight crew members and 
     attendants' means conduct described in section 46504 of title 
     49, United States Code.
       ``(18) The term `kidnapping' means conduct described in 
     section 1201(a)(1) or seizing, confining, inveigling, 
     decoying, abducting, or carrying away and holding for ransom 
     or reward or otherwise any person.
       ``(19) The term `murder' means conduct described as murder 
     in the first degree or murder in the second degree described 
     in section 1111.
       ``(20) the term `robbery' means conduct described in 
     section 1951(b)(1), or the unlawful taking or obtaining of 
     personal property from the person or in the presence of 
     another, against his will, by means of actual or threatened 
     force, or violence or intimidation, or by sudden or stealthy 
     seizure or snatching, or fear of injury, immediate or future, 
     to his person or property, or property in his custody or 
     possession, or the person or property of a relative or member 
     of his family or of anyone in his company at the time of the 
     taking or obtaining.
       ``(21) The term `stalking' means conduct described in 
     section 2261A.
       ``(22) The term `unauthorized use of a motor vehicle' means 
     the intentional or knowing operation of another person's 
     boat, airplane, or motor vehicle without the consent of the 
     owner.
       ``(23) The term `using weapons of mass destruction' means 
     conduct described in section 2332a.
       ``(24) the term `voluntary manslaughter' means conduct 
     described in section 1112(a).
       ``(c) For purposes of this section, in the case of any 
     reference in subsection (b) to an offense under this title, 
     such reference shall include conduct that constitutes an 
     offense under State or tribal law or under the Uniform Code 
     of Military Justice, if such conduct would be an offense 
     under this title if a circumstance giving rise to Federal 
     jurisdiction had existed.''.

     SEC. 3106. 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 inserting after paragraph (52) the following:
       ``(53)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i) that has as one of its primary purposes the 
     commission of 1 or more of the criminal offenses described in 
     subparagraph (B) and the members of which engage, or have 
     engaged within the past 5 years, in a continuing series of 
     such offenses; or
       ``(ii) that has been designated as a criminal gang by the 
     Secretary of Homeland Security, in consultation with the 
     Attorney General, as meeting these criteria.
       ``(B) 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:
       ``(i) A `felony drug offense' (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802)).
       ``(ii) 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).
       ``(iii) 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), except that this clause does not apply in 
     the case of an organization described in section 501(c)(3) of 
     the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which 
     is exempt from taxation under section 501(a) of such Code.
       ``(iv) A violent crime described in section 101(a)(43)(F).
       ``(v) A crime involving obstruction of justice, tampering 
     with or retaliating against a witness, victim, or informant, 
     or perjury or subornation of perjury.
       ``(vi) 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).
       ``(vii) An attempt or conspiracy to commit an offense 
     described in this paragraph or aiding, abetting, counseling, 
     procuring, commanding, inducing, facilitating, or soliciting 
     the commission of an offense described in clauses (i) through 
     (vi).''.
       (b) Inadmissibility.--Section 212(a)(2) of such Act (8 
     U.S.C. 1182(a)(2)) is amended--
       (1) in subparagraph (A)(i)--
       (A) in subclause (I), by striking ``or'' at the end; and
       (B) by inserting after subclause (II) the following:

       ``(III) a violation of (or a conspiracy or attempt to 
     violate) any law or regulation of a State, the United States, 
     or a foreign country relating to participation or membership 
     in a criminal gang, or
       ``(IV) any felony or misdemeanor offense for which the 
     alien received a sentencing enhancement predicated on gang 
     membership or conduct that promoted, furthered, aided, or 
     supported the illegal activity of the criminal gang,''.

       (2) by adding at the end the following:
       ``(N) Aliens associated with criminal gangs.--
       ``(i) Aliens not physically present in the united states.--
     In the case of an alien who is not physically present in the 
     United States:

       ``(I) That alien is inadmissible if a consular officer, an 
     immigration officer, the Secretary of Homeland Security, or 
     the Attorney General knows or has reason to believe--

       ``(aa) to be or to have been a member of a criminal gang 
     (as defined in section 101(a)(53)); or
       ``(bb) 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) That alien is inadmissible if a consular officer, an 
     immigration officer, the Secretary of Homeland Security, or 
     the Attorney General has reasonable grounds to believe the 
     alien has participated in, been a member of, promoted, or 
     conspired with a criminal gang, either inside or outside of 
     the United States.
       ``(III) That alien is inadmissible if 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.

       ``(ii) Aliens physically present in the united states.--In 
     the case of an alien who is physically present in the United 
     States, that alien is inadmissible if the alien--
       ``(I) is 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 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.''.
       (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:
       ``(H) 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));
       ``(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;

[[Page H5478]]

       ``(iii) has been convicted of a violation of (or a 
     conspiracy or attempt to violate) any law or regulation of a 
     State, the United States, or a foreign country relating to 
     participation or membership in a criminal gang; or
       ``(iv) any felony or misdemeanor offense for which the 
     alien received a sentencing enhancement predicated on gang 
     membership or conduct that promoted, furthered, aided, or 
     supported 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--
       ``(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

[[Page H5479]]

       ``(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 
     division, is further amended--
       (A) in subparagraph (E), by striking ``or'' at the end;
       (B) in subparagraph (F), by inserting ``or'' at the end; 
     and
       (C) by inserting after subparagraph (F) the following:
       ``(G) is inadmissible under section 212(a)(2)(N) or 
     deportable under section 237(a)(2)(H),''.
       (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)(N)(i) or section 237(a)(2)(H)(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)(N)(i) or 
     section 237(a)(2)(H)(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)(N) or section 237(a)(2)(H).''; 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)(N) or section 237(a)(2)(H) shall be 
     eligible for any immigration benefit under this 
     subparagraph;''.

       (i) Parole.--An alien described in section 212(a)(2)(N) of 
     the Immigration and Nationality Act, as added by subsection 
     (b), shall not be eligible for parole under section 
     212(d)(5)(A) of such Act 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. 3107. 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. 3108. CLARIFICATION OF AUTHORITY REGARDING 
                   DETERMINATIONS OF CONVICTIONS.

       Section 101(a)(48) of the Immigration and National Act (8 
     U.S.C. 1101(a)(48)) is amended by adding at the end the 
     following:
       ``(C) In making a determination as to whether a conviction 
     is for--
       ``(i) a crime under section 212(a)(2), or
       ``(ii) a crime under 237(a)(2),
     such determination shall be determined on the basis of the 
     record of conviction and any facts established within the 
     record of conviction.
       ``(D) Any reversal, vacatur, expungement, or modification 
     to a conviction, sentence, or conviction record that was 
     granted to ameliorate the immigration consequences of the 
     conviction, sentence, or conviction record, or was granted 
     for rehabilitative purposes shall have no effect on the 
     immigration consequences resulting from the original 
     conviction. The alien shall have the burden of proving that 
     the reversal, vacatur, expungement, or modification was not 
     for such purposes. In no case in which a reversal, vacatur, 
     expungement, or modification was granted for a procedural or 
     substantive defect in the criminal proceedings. Whether an 
     alien has been convicted of a crime for which a sentence of 
     one year or longer may be imposed or whether the alien has 
     been convicted for a crime where the maximum penalty possible 
     did not exceed one year shall be determined based on the 
     maximum penalty allowed by the statute of conviction as of 
     the date the offense was committed. Subsequent changes in 
     State or Federal law which increase or decrease the sentence 
     that may be imposed for a given crime shall not be 
     considered.''.

     SEC. 3109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT TERRORISM-
                   RELATED INADMISSIBILITY GROUNDS ACTS TO THE 
                   DEFINITION OF ENGAGING IN TERRORIST ACTIVITY.

       Section 212(a)(3)(B)(iv) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended--
       (1) in subclause (VI), by striking the period and inserting 
     ``; or''; and
       (2) by adding at the end the following:

       ``(VII) an attempt or conspiracy to do any of the 
     foregoing.''.

     SEC. 3110. 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 law or any motor vehicle law relating to driving 
     while intoxicated or driving under the influence (including 
     driving while under the influence of or impairment by alcohol 
     or drugs), 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.
       (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.

[[Page H5480]]

       (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 an offense that is murder, rape, or 
     sexual abuse of a minor, 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.

     SEC. 3111. DEPARTMENT OF HOMELAND SECURITY ACCESS TO CRIME 
                   INFORMATION DATABASES.

       Section 105(b) of the Immigration and Nationality Act (8 
     U.S.C. 1105(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``the Service'' and inserting ``the 
     Department of Homeland Security''; and
       (B) by striking ``visa applicant or applicant for 
     admission'' and inserting ``visa applicant, applicant for 
     admission, applicant for adjustment of status, or applicant 
     for any other benefit under the immigration laws''; and
       (2) by inserting after paragraph (4) the following:
       ``(5) The Secretary of Homeland Security shall receive, 
     upon request, access to the information described in 
     paragraph (1) by means of extracts of the records for 
     placement in the appropriate database without any fee or 
     charge.''.

                        TITLE IV--ASYLUM REFORM

     SEC. 4101. 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 208, 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. 4102. 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. 4103. 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. 4104. 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. 4105. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN 
                   TO HOME COUNTRY.

       (a) In General.--Section 208(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(c)) is amended by adding at 
     the end the following new paragraph:
       ``(4) Renunciation of status pursuant to return to home 
     country.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     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.''.
       (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. 4106. 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

[[Page H5481]]

     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 the material elements are knowingly 
     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. 4107. 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. 4108. 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. 4109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

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

     SEC. 4110. 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'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``Secretary of Homeland Security or the'' 
     before ``Attorney General''; and
       (C) 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--USCIS WAIVERS

     SEC. 5101. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.

       The requirements of subchapter II of chapter 5 of title 5, 
     United States Code, shall not apply to any rule made in order 
     to carry out this division or the amendments made by this 
     division, to the extent the Secretary of Homeland Security 
     determines that compliance with any such requirement would 
     impede the expeditious implementation of such division or the 
     amendments made by such division.

     SEC. 5102. EXEMPTION FROM PAPERWORK REDUCTION ACT.

       The requirements of subchapter I of chapter 35 of title 44, 
     United States Code, shall not apply to any action to 
     implement this division or the amendments made by this 
     division to the extent the Secretary of Homeland Security, 
     the Secretary of State, the Attorney General, or the 
     Secretary of Labor determines that compliance with any such 
     requirement would impede the expeditious implementation of 
     such sections or the amendments made by such sections.

     SEC. 5103. SUNSET.

       This title shall sunset on the date that is 3 years after 
     the date of enactment of this Act. Such sunset shall not be 
     construed to impose any requirements on, or affect the 
     validity of, any rule issued or other action taken pursuant 
     to such exemptions.

  The SPEAKER pro tempore. The bill shall be debatable for 1 hour with 
40 minutes equally divided and controlled by the chair and ranking 
minority member of 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. Madam 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. 6136.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker,  Michael McCaul, Carlos Curbelo, Jeff Denham, and I 
introduced H.R. 6136 to be a consensus bill designed to bring Members 
together. It is the product of fruitful negotiations and will offer us 
a path forward toward true immigration reform.
  As with the Securing America's Future Act, this bill provides a 
legislative resolution of DACA, which was imposed through an 
unconstitutional abuse of executive power by President Obama. But in 
addition to a renewable legal status, this bill expands relief to those 
who were eligible for DACA but never applied. Many did not apply 
because they thought that DACA was simply unconstitutional.
  H.R. 6136 also creates a merit-based green card program that the 
recipients of the bill's contingent nonimmigrant status can apply for. 
This program is the first-ever point system based on education, 
vocational training, apprenticeship, employment experience, English 
proficiency, and military service under U.S. immigration law.
  Aliens with similar life experiences to DACA recipients can also 
apply: those who were brought to the United States as minors by parents 
on temporary work visas and grew up in the United States. All other 
DACA legislation that I am aware of discriminates against such persons 
simply because they and their parents haven't violated our laws.
  To be clear, there is no special path to citizenship for DACA 
recipients or DACA-eligible individuals.
  Importantly, this bill will help ensure that the DACA dilemma does 
not recur after a few short years. As with H.R. 4760, it will end 
``catch and release,'' battle asylum fraud, and require that 
unaccompanied minors caught at the border be treated equally, 
regardless of their home country. As with H.R. 4760, it will ensure 
that the law no longer tempts minors and their parents to make the 
dangerous, illegal journey to the United States or to line the pockets 
of cartels.
  We must turn off the irresistible ``jobs magnet,'' if we are ever to 
effectively deal with illegal immigration. While expansion of the 
hugely successful E-Verify program is not contained in H.R. 6136, I am 
pleased that the leadership has committed to bringing such legislation 
to the floor this summer.
  As with H.R. 4760, the bill will make it easier to deport gang 
members who are aggravated felons, or who have multiple DUIs.
  H.R. 6136 modernizes our legal immigration system. It will reduce 
extended family chain migration and terminate the diversity visa 
program, which awards green cards by random lottery to people with no 
ties to the United States. It reduces overall immigration numbers over 
the long term, and shifts to a first-in-line visa system by eliminating 
the per-country cap on employment-based green cards. The bill begins a 
shift to a merit-based system by establishing the new merit-based green 
card program that I described.

[[Page H5482]]

  As with H.R. 4760, the bill corrects the disastrous Flores settlement 
to ensure that minors apprehended at the border with their parents are 
not separated from their parents when the parents are placed in DHS 
custody. Importantly, H.R. 6136 addresses family separation in light of 
the zero-tolerance prosecution initiative by mandating that DHS, not 
DOJ, maintain the custody of aliens charged with illegal entry along 
with their children. This would only apply to those who enter the 
country with children and would not permit those charged with felonies, 
or any other criminal activity, to be detained along with children. The 
bill allocates funding for family detention space to facilitate this 
requirement.
  Congress has a unique opportunity to act now, 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.
  Madam Speaker, I urge my colleagues to join President Trump and 
support this important legislation, and I reserve the balance of my 
time.
                                         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. 6136, the 
     Border Security and Immigration Reform 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. 6136 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. 6136, the ``Border Security and 
     Immigration Reform 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. 6136 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. 6136, the 
     ``Border Security and Immigration Reform 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. 6136, 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,
     House of Representatives, 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. 6136, the ``Border Security and 
     Immigration Reform 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. 6136 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.

                              {time}  1830

  Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I strongly oppose H.R. 6136. Far from being the 
moderate and compromise bill that has been advertised, this bill is 
extreme and unreasonable. This bill eliminates the diversity visa 
program and cuts off even children and brothers and sisters from 
reunifying with their families.
  The bill even revokes the approval of over 3 million family members 
who have been waiting for years to reunify with their U.S. citizen 
brothers, sisters, and parents.
  While it claims to end President Trump's cruel family separation 
policy, nothing in the bill actually prohibits family separation or 
limits criminal prosecutions. And the bill requires the long-term 
detention of families and children while actually removing requirements 
that detention facilities be safe, sanitary, and appropriate for 
children.
  It eliminates important asylum protections and would protect many 
bona fide asylum seekers from even applying for protection in the first 
place.
  In addition, this legislation spends $23.4 billion to fund Donald 
Trump's offensive and unnecessary border wall.
  Finally and most importantly, this bill fails to provide a certain 
path to citizenship for the Dreamers.
  Donald Trump created havoc when he made the decision to strip legal 
status from young Americans who were brought to the U.S. as young 
children and who know only this country as their own. The Republican 
leadership repeatedly announced that they intended to protect the 
Dreamers. Now we see their supposed solution, and it is a half measure 
at best that leaves far too many Dreamers behind.
  The bill's stringent eligibility requirements would likely cut off 
millions of Dreamers from eligibility to the bill's legalization 
program. To those who would be eligible, the bill establishes a long 
and difficult road to permanent residence, never mind to citizenship. 
Because of the limited number of visas made available, it would force 
applicants to wait for up to 23 years for permanent residence.
  Most appalling, if even $1 of border wall funding is ever transferred 
or rescinded by a future Congress, the long and difficult path to 
permanent residence would be canceled entirely. This would effectively 
hold the Dreamers hostage to every future appropriations battle.
  Now, we know the Republicans refer to this bill as a compromise, but 
it is not a compromise when you excluded the Democrats from 
negotiations.
  There is, in fact, a compromise bipartisan bill, the Hurd-Aguilar 
bill, that actually provides a meaningful path to citizenship for 
Dreamers and doesn't bog the bill down in different considerations 
about the wall or about diversity visas or about family legislation.

[[Page H5483]]

Those are separate issues and should be debated separately if you want 
to redeem your promise to the Dreamers.
  This bill is hypocritical, because it doesn't redeem the promise to 
the Dreamers and bogs it down in other issues, which we know will 
probably result in the bill never going anywhere.
  Do not be fooled by this legislation. It is not moderate, it is not a 
compromise, it does not solve the Dreamer issue. It reflects the 
Republican majority's decision to keep a real Dreamer bill, the Hurd-
Aguilar bill, off the floor.
  It is yet one more extreme measure by the Republican majority that 
fails to solve the real issues plaguing our immigration system and 
betrays the promise to the Dreamers.
  Madam Speaker, I urge all Members to oppose this bill, and I reserve 
the balance of my time.
  Mr. GOODLATTE. Madam Speaker, I yield 3 minutes to the gentlewoman 
from Georgia (Mrs. Handel), a member of the Judiciary Committee.
  Mrs. HANDEL. Madam Speaker, I thank Chairman Goodlatte for yielding.
  Madam Speaker, earlier today I voted in support of the Goodlatte-
McCaul bill, and I stand here today in support of H.R. 6136.
  This bill is a commonsense measure that addresses many aspects of our 
broken immigration system. It will end the lawlessness at the U.S.-
Mexico border, while also providing thoughtful and compassionate 
solutions to protect children at the border.
  Specifically, this bill will finally secure our borders, which is 
critical to national security. It provides $25 billion in advanced 
funding for the border barrier system, more border patrol personnel, 
and surveillance technology. That is advanced funding. That does not 
happen very often here in Congress.
  This bill also includes much needed measures to curb visa overstays. 
It limits extended family migration, eliminates lottery visas, deters 
sanctuary cities, and addresses asylum fraud.
  Further, H.R. 6136 establishes a new framework for DACA individuals. 
This framework is a sensible and, again, compassionate long-term 
solution that allows for legal residency through competitive, merit-
based process.
  Importantly, the DACA provisions are contingent on the actual 
deployment of money and resources for that border wall system and the 
other border security measures.
  While this bill is not perfect, because few things are, it does 
represent a significant and meaningful step forward in fixing our 
immigration system.
  Madam Speaker, the status quo is simply unacceptable. We are long 
past the time for rhetoric, posturing, and politics. The American 
people deserve better. It is time for real solutions, and that is 
exactly what this bill offers. It is time for Congress to act. Let's 
pass this bill.
  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, I think it is important that we be honest 
about why we are here today. Every major problem in this bill that this 
bill purports to tackle was actually created by President Trump 
himself.

  First, there is Trump's policy of ripping children away from their 
parents. He issued an order last night purporting to address this 
issue, but we would not need to address it in legislation if it weren't 
for his misguided policies. And I will point out that his remedy 
appears to be the same one that is in this bill, which is to put the 
mothers in the cages with the toddlers and to incarcerate whole 
families.
  Then we have the DACA program that President Trump chose to 
eliminate. He says he cares about Dreamers, but it was his own decision 
that created the present danger to these young Americans in waiting.
  And, finally, we have the asserted need to change our asylum laws to 
make it almost impossible to qualify, and to authorize the prolonged 
detention of asylum-seeking families with children, to ensure 
compliance with the laws.
  I mentioned during the discussion of the rule, this is not necessary. 
We had a program called the Family Case Management program that, 
according to the inspector general for the Homeland Security 
Department, resulted in a 100 percent attendance rate at immigration 
court proceedings. And that is, in fact, what we need. We need 
attendance at the court hearing. And if a person prevails, they would 
be granted asylum, if they fail, they will be removed. What we need 
here is the orderly processing and application of immigration law 
instead of the chaos that President Trump has brought to us.
  I would like to point out that this program costs $36 a day compared 
to over $700 a day to put a child in one of those cages. Now, those 
aren't my figures. Those are from DHS.
  We don't need this legislation. We need the President to take action. 
He can do what needs to be done today by picking up the phone.
  Now, he has backed off temporarily, maybe because of public pressure, 
but he has not addressed the issue of the Dreamers.
  I don't know what the words a special path mean, but there is a new 
path for Dreamers in this bill. However, as has been mentioned by Mr. 
Nadler, for some, it could take as long as 23 years. So if you are 27 
years old now, by the time you are able to apply and receive U.S. 
citizenship, you would be 55 years of age. I think that is a ridiculous 
proviso, especially, as we have all acknowledged, these are young 
people who are Americans in every capacity, but for their----
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. NADLER. Madam Speaker, I yield the gentlewoman an additional 30 
seconds.
  Ms. LOFGREN. Madam Speaker, I would just like to say, I think that 
the President has taken the Dreamers, the little children, the asylum-
seeking families as hostages for the anti-immigrant provisions in this 
bill.
  It has been mentioned that we have a generous immigration system. To 
whom? Two-thirds of the visas go to the immediate nuclear family of 
Americans. So that is what we want.
  To eliminate the ability of Americans to have their sons and 
daughters with them is simply wrong.
  Madam Speaker, we should vote against this disaster of a bill.
  Mr. GOODLATTE. Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Johnson), a distinguished member of the Judiciary 
Committee.
  Mr. JOHNSON of Georgia. Madam Speaker, our job as legislators is to 
listen to each other and find common ground, to compromise for the good 
of the American people.
  Today, Trump Republicans are trying to do comprehensive immigration 
reform without any committee hearings with Democrats, with no 
consultation. This is a spectacle trying to pass legislation on such an 
important subject in such a haphazard and slipshod manner.
  Congress can certainly do better than this, and the American people 
deserve better than this.
  Never again should these Trump Republicans ever claim that they 
adhere to regular order. The integrity of our process in this House 
depends upon careful consideration of bills through regular order so 
that only thoughtful legislation is passed.
  In our consideration of important legislation, the debate and the 
ability to compromise are essential. Sadly, I fear that we have lost 
the ability to engage in honest debate and we have lost the will to 
compromise.
  Though the ability to compromise is important, we Democrats can't 
agree to lock up children in cages. We can't agree to a bill that 
leaves Dreamers behind. Compromise does not allow us to turn our backs 
on asylum seekers or to stop family immigration or to kill the 
diversity visa program or waste billions of dollars building Trump's 
border wall. This bill does all those things.
  We have a national crisis on our hands, and as we speak, 2,300 
children have been torn away from the arms of their parents at the 
U.S.-Mexico border, and it is our job to remedy this disgrace and 
reunite these families.
  Madam Speaker, I urge my colleagues not to support the Border 
Security and Immigration Reform Act. A bipartisan solution is out 
there, but clearly this bill is not it.
  Mr. GOODLATTE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I just want to say there are complaints that this is 
not a bipartisan bill, and yet we addressed the issues that Democrats 
expressed concern about.

[[Page H5484]]

  We have a very good way to address the DACA population in this 
legislation, and yet when we look to the other side for help with 
securing our border, with taking the current fencing--and if you have 
ever been along that border, particularly in San Diego where they have 
a very high fence, but all it is is a fence. You can take a saw, an 
electric saw and cut through that in a matter of seconds and be on the 
other side. But where is the help for addressing those kind of security 
measures? I don't see it.

  We have addressed in this legislation the family separation issue in 
a very good way. We agree: families should be unified. If it is simply 
a matter of a misdemeanor charge that the parents are facing, we want 
the children to be detained with them. But where is the help that we 
get from the other side in terms of addressing problems like catch-and-
release; problems like asylum fraud; problems like unaccompanied minor 
status, where we have a disparity between how we handle unaccompanied 
minors coming across the border from Canada or Mexico who are Canadian 
or Mexican, but if they have come from somewhere else in the world 
through Canada or Mexico, we can't treat them the same way. All of 
those things are addressed in this bill.
  We are addressing the concerns of the American people on how to 
address immigration reform through the four pillars: making sure we do 
something appropriate for the DACA population, including opportunities, 
not for a special pathway to citizenship, but to ultimately attain 
citizenship if they earn it; and we are also addressing the other three 
categories, border security and closing the loopholes in our laws, 
ending the visa lottery and moving to a merit-based immigration system, 
and moving towards a family-based immigration system that is the 
nuclear family, your spouse and your children, not extended family 
members.

                              {time}  1845

  I don't see anything addressing most of that coming from any 
legislation from the Democrats, and I certainly would welcome seeing 
their proposals on what they would do for a wall and fencing and other 
security measures along our border. I would be very interested in 
seeing what they do to help us move from an overwhelmingly family-based 
immigration system to one that is a merit-based system.
  Countries like Canada and the United Kingdom and Australia, they give 
their immigrants visas in 50, 60, 70 percent of their cases based upon 
education, job skills, job offers, training. We are at 12 percent. That 
is unacceptable.
  This bill moves us in the right direction. I urge my colleagues to 
support it, and I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield myself 30 seconds.
  Madam Speaker, the President of the United States and the Speaker of 
the House promised to solve the problem of the Dreamers and to give 
them a path to citizenship. This bill does not do that except for 23 
years, and it makes them hostage to other things such as the gentleman 
from Georgia talked about.
  We do not agree, many of us, that we should go away from family-based 
unification. We do not agree on the four pillars. The President agrees 
with that. Some of the Republicans agree with that. We ought to debate 
that separately and have a bill that takes care of the Dreamers, as the 
President and the Speaker promised, instead of holding them hostage to 
all these other things that we don't agree to and that shouldn't be 
held hostage. We should have a clean DACA bill like Hurd-Aguilar.
  Madam Speaker, I yield 2 minutes to the distinguished gentleman from 
Arizona (Mr. Grijalva).
  Mr. GRIJALVA. Madam Speaker, I rise in opposition to the bill 
proposed by Speaker Ryan, a day after the big lie was finally admitted 
to by President Trump, the Attorney General, Secretary of Homeland 
Security, and the resident White House sociopath, Stephen Miller, that 
ripping children from their mothers and fathers and jailing them was 
solely an administrative decision, not a law, not a loophole, not the 
fault of Democrats, but, instead, the singular, cynical, and cruel 
policy of the Trump administration.
  Yet H.R. 6136 does nothing to remedy the damage of that policy for 
children, for their parents, and does nothing to soothe the conscience 
of our Nation.
  H.R. 6136 has no oversight or public review of for-profit and 
nonprofit detention centers, nothing to reunite 2,300 children with 
their families, and eliminates the standards of care for children in 
detention centers.
  Today was supposed to be about DACA recipients. This bill does 
nothing for them either. Their fate is tied to spending 23 billion 
taxpayer dollars on a political gift to Trump for a wall, a wall that 
circumvents environmental law, puts our lands, water, and wildlife and 
border land communities at risk, and a point system that could 
disqualify over 80 percent of current and previously eligible Dreamers.
  We had an opportunity to address Dreamers, by the way, another Trump-
created crisis, with a vote on the Aguilar-Hurd legislation, a 
bipartisan compromise that includes some content I opposed, but I would 
vote for it because it is necessary and a step forward. But this effort 
was sabotaged by Trump and the Republican leadership of this House.
  We are now asked to vote on Speaker Ryan's H.R. 6136, the anti-family 
values bill. It is wasteful, repressive, and meaningless.
  Regardless of how you paint it, how you sell it or lie about it, this 
particular pig will never be a silk purse. I urge a ``no'' vote on the 
legislation.
  Mr. GOODLATTE. Madam Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Flores).
  Mr. FLORES. Madam Speaker, I rise today in support of H.R. 6136, the 
Border Security and Immigration Reform Act, and I thank Chairman 
Goodlatte for allowing me to spend time talking about this from a 
personal perspective.
  I represent the 17th District of Texas, which has a number of 
colleges, universities, and institutions of higher education that are 
home to hundreds of Dreamers who are studying to improve their lives. I 
believe that we should give them a path to come out of the shadows by 
providing them with an earned path to legal status.
  These Dreamers were brought here by their parents as children and, 
for most, America is the only home they know.
  Further, they did not commit the crime to enter the country 
illegally, and to characterize an earned path to legal status as 
amnesty is an offense to their character and to the hard work this body 
has done to try to come to a consensus.
  This bill is also important because it will ensure that children who 
are apprehended at the border will not be separated from their parents 
and/or legal guardian while in DHS custody.
  Look, we all know that enforcing the law is important, both for the 
integrity of our immigration system and out of respect to the thousands 
of law-abiding immigrants who come to this country legally every year, 
many of whom reside in my district.
  The President was right to issue an executive order to stop the 
separation of children from their parents. As I have said before, only 
Congress can enact a permanent solution that amends current law, which 
has flaws and loopholes, and overturns current legal precedent set by 
the courts.
  This bill includes four pillars which were previously agreed on by 
Democrats and Republicans and the White House a few months ago. It 
deals with border security; it comes up with a solution for the 
Dreamers; it gets rid of a visa lottery, which has not been helpful for 
merit-based immigration in this country; and it reforms chain migration 
so that we can bring in the immigrants that we need who will be an 
integral part of the economy on day one.

  In closing, Madam Speaker, I will note that we cannot move forward 
without enacting strong border security reforms, and I am pleased that 
the solutions for our Dreamers that this bill puts forward are coupled 
with funding to strengthen border security. We can't have one without 
the other.
  Robust border security includes a border wall, where feasible. Robust 
border security can only be achieved through an integrated system of 
border technology, personnel, and the modernization of our ports of 
entry. This bill rightly authorizes all of those components and funds 
those components.
  I urge a ``yes'' vote from all of our colleagues on this bill.

[[Page H5485]]

  

  Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished 
gentlewoman from Florida (Ms. Wasserman Schultz).
  Ms. WASSERMAN SCHULTZ. Madam Speaker, I rise today in strong 
opposition to this Republican-only compromise immigration bill. The 
only thing that is compromised in this legislation is America's source 
of strength as a nation of immigrants.
  This bill guts asylum protections for those fleeing danger and dashes 
the hopes of legal immigrants seeking to reunite with family members. 
It continues this Presidential Ponzi scheme of forcing taxpayers to buy 
an expensive but useless border wall that Trump promised Mexico would 
pay for.
  As a mother and, frankly, as a human being, this bill makes my 
stomach turn. Despite Republican crocodile tears, this bill doesn't put 
an end to the Trump administration's child abuse, and our innocent 
Dreamers would be forced to navigate a confusing path to citizenship 
that could take 20 years.
  Just like with taxes and healthcare, Republicans just refuse to reach 
across the aisle to address our Nation's challenges. The President put 
children on our borders in fenced cages, and Americans were revolted. 
With this bill, Republicans in Congress are about to put Lady Liberty 
in a fenced cage, which would be equally revolting.
  Mr. GOODLATTE. Madam Speaker, may I inquire how much time is 
remaining on each side.
  The SPEAKER pro tempore. The gentleman from Virginia has 7\1/2\ 
minutes remaining. The gentleman from New York has 7\1/2\ minutes 
remaining.
  Mr. GOODLATTE. Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I yield 1\1/2\ minutes to the 
distinguished gentlewoman from California (Ms. Roybal-Allard).
  Ms. ROYBAL-ALLARD. Madam Speaker, I rise in opposition to this cruel 
partisan effort that does nothing to stop family separation, address 
the crisis of children already separated from their parents, nor does 
it fairly address the plight of Dreamers.
  Instead of uniting families, it eliminates the ability of U.S. 
citizens to sponsor parents, adult children, and siblings, and it 
abandons 3 million family members waiting to legally enter our country.
  This bill limits access to asylum and eliminates provisions that 
protect children and their right to seek refuge in our country. It 
excludes thousands of Dreamers, has no guarantee of citizenship, and 
does nothing to remove the uncertainty and fear Dreamers have of 
deportation away from family and the only country they know as home.
  This bill is a sham. It authorizes prolonged detentions, funds 
Trump's border wall, militarizes our borders, weakens child protection 
laws, and erodes our American tradition of united families. I urge my 
colleagues to vote against this irresponsible bill.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 1\1/2\ minutes to the distinguished 
gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Speaker, yesterday, I led my colleagues 
in a letter to Secretaries Nielsen and Azar asking about plans to 
reunify the thousands of children separated from their parents. Neither 
the President's executive order nor the bills before us address the 
crisis facing these traumatized children. The American people deserve 
to know how and when the detained children will be returned to their 
parents.
  What is the plan to reunite children with their loved ones?
  What are the agencies doing to ensure this reunification?
  Are they guaranteeing that family members who come forward will not 
be at risk of deportation themselves?
  Shouldn't these questions be at the heart of any legislation we 
consider? Otherwise, it becomes a priority to build a wall instead of 
solving these overriding humanitarian crises.

  This administration continues to create problems and then scrambles 
to shift blame after public outcries. We saw it with the Muslim ban; we 
saw it with DACA; and now, these children are the latest victims.
  This Congress should have zero tolerance for intolerance.
  I look forward, Mr. Speaker, to hearing back from DHS and HHS, and I 
urge my colleagues to vote ``no'' on this inadequate bill.
  Mr. GOODLATTE. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. NADLER. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Georgia (Mr. Lewis).
  Mr. LEWIS of Georgia. Mr. Speaker, I want to thank my good friend, 
Mr. Nadler, for yielding.
  Mr. Speaker, I rise with a heavy heart to oppose this mean-spirited 
bill: heavy because the House does nothing to stop families from being 
torn apart or locked in cages behind bars; heavy because you still 
won't bring a clean Dream Act to the floor; heavy because you do 
nothing to stop this administration's assault on immigrant families and 
communities.
  The world is watching with shame and disgust. The late A. Philip 
Randolph, the dean of Black leadership during the sixties, reminded us 
that we may have come to this great land in different ships, but we all 
are in the same boat now. And just 3 short years ago, the Pope reminded 
this body to do unto others as you would have them to do unto you.
  Mr. Speaker, enough is enough. The very soul of our Nation is at 
stake, and time is running out.
  The moral question is simple, Mr. Speaker: Will you lead or will you 
follow? Will you bring a bipartisan, compassionate bill to the floor? 
Will we show the Nation and the world that we respect human rights and 
the dignity of every man, woman, and child?

                              {time}  1900

  Mr. Speaker, will you offer your brothers and sisters a lifevest, or 
will you let them drown?
  We can do better as a Nation and as a people.
  Will you be a headlight? Will you be a headlight? Will you lead? Will 
you be compassionate and look out for all of our citizens? Look out for 
the Dreamers, look out for the little children, the mothers and the 
fathers? The choice and responsibility are yours, Mr. Speaker.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Costa).
  Mr. COSTA. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, I rise in opposition to this Republican partisan bill.
  Just a few days ago, I traveled to San Diego with several of our 
colleagues to see firsthand how current immigration policy is being 
enforced.
  There were children separated from their parents and migrants seeking 
asylum.
  Our immigration system is broken, and everybody knows that. And this 
administration is making a challenging situation worse.
  Our immigration system needs to be dealt with. Why don't we try 
sitting down and working together on real bipartisan reform?
  This is a partisan proposal that holds Dreamers and vulnerable 
children hostage and does nothing for California farmworkers.
  What is worse, it builds a $25 billion wall that, by itself, does not 
provide comprehensive solutions for our border security, which we all 
believe in.
  By the way, didn't the President promise that Mexico would pay for 
this wall?
  Mr. Speaker, I urge my colleagues to do the right thing. Vote ``no.'' 
Let's get back to working on bipartisan reform, reform that provides us 
with the border security we need and fixes our immigration system and 
respects the dignity and the humanity of aspiring Americans.
  Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.


                         Parliamentary Inquiry

  Mr. NADLER. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore (Mr. Francis Rooney of Florida). The 
gentleman from New York will state his parliamentary inquiry.
  Mr. NADLER. Will the House vote on this measure tonight?
  The SPEAKER pro tempore. The Chair cannot comment on the legislative 
schedule.
  Mr. NADLER. Mr. Speaker, will the House vote tomorrow?
  The SPEAKER pro tempore. The Chair cannot comment on the legislative 
schedule.

[[Page H5486]]

  

  Mr. NADLER. Mr. Speaker, can the Chair advise when the House will 
vote on the measure?
  The SPEAKER pro tempore. The Chair cannot comment on the legislative 
schedule.
  Mr. NADLER. Mr. Speaker, under the rule, the minority, the Democrats, 
are entitled the offer one final amendment in the form of a motion to 
recommit.
  Mr. Speaker, when will we have that opportunity?
  The SPEAKER pro tempore. The Chair is entertaining debate on the bill 
at this time.
  Mr. NADLER. Mr. Speaker, we normally have that opportunity during 
debate.
  Mr. Speaker, will we have that opportunity in debate tonight?
  The SPEAKER pro tempore. The Chair is entertaining debate on the 
bill.
  Mr. NADLER. Mr. Speaker, I understand that.
  Mr. Speaker, will we have the opportunity, as part of that debate, to 
offer the amendment in the form of a motion to recommit, as is our 
right during debate?
  The SPEAKER pro tempore. Under the rule for consideration of this 
bill, one motion to recommit is available.
  Mr. NADLER. Mr. Speaker, I take it that we will be able to offer that 
motion to recommit before we finish debate tonight.
  The SPEAKER pro tempore. The Chair is currently entertaining debate 
on the bill.
  Mr. NADLER. Mr. Speaker, you didn't answer my question, sir.
  Mr. Speaker, we are, of course, entertaining debate on the bill now. 
The motion to recommit is part of that debate, and my question is: Will 
we be permitted to offer that motion to recommit before we finish 
debate tonight?
  The SPEAKER pro tempore. After the hour of debate on this bill has 
expired, there may be an opportunity for a motion to recommit.
  Mr. NADLER. Mr. Speaker, there may be.
  Mr. Speaker, if the Chair can't answer, perhaps the chairman of the 
committee can answer that question about the motion to recommit.
  Mr. Chairman?
  Mr. GOODLATTE. If the gentlemen will yield, I don't control the floor 
schedule so I can't answer the question as to the timing of when the 
gentleman's opportunity to offer a motion to recommit, which the rules 
provide for, will be afforded to him. I don't know the answer to that.
  Mr. NADLER. Mr. Speaker, can the chairman perhaps comment on when the 
House will vote on this bill?
  Mr. GOODLATTE. If the gentleman will yield, again, I don't control 
the floor, and I don't have any direct advice on when that will take 
place.
  Mr. NADLER. Mr. Speaker, for what purpose are we debating this bill 
tonight if we cannot guarantee when or if we will vote?
  Let me rephrase the question.
  Mr. Speaker, can the Chair guarantee that we will, in fact, vote on 
this bill at some point?
  The SPEAKER pro tempore. Is the gentleman asking the chairman of the 
committee?
  Mr. NADLER. Mr. Speaker, I am asking the Acting Speaker right now. I 
think the mace is up, so Speaker.
  The SPEAKER pro tempore. The Chair will reiterate that the Chair is 
entertaining debate on the bill.
  Mr. NADLER. Mr. Speaker, we are entertaining debate on the bill, 
obviously, but can the Chair guarantee that we will, in fact, vote on 
this bill at some point? Otherwise, why are we wasting time?
  The SPEAKER pro tempore. The Chair will not advise on the future 
legislative schedule.
  Mr. NADLER. Mr. Speaker, can the Chair guarantee that we will have 
the opportunity, as guaranteed under the rules, to offer our motion to 
recommit, whether or not we ever vote on this bill?
  The SPEAKER pro tempore. The Chair would reiterate that the rule does 
provide for one motion to recommit.
  Mr. NADLER. Mr. Speaker, the Chair will not guarantee that the rule 
will be adhered to and give us the opportunity to offer that motion?
  The SPEAKER pro tempore. The Chair is entertaining debate on the 
bill.
  Mr. NADLER. Mr. Speaker, the Chair is being very forthcoming.
  Mr. Speaker, I do assume that we will have the opportunity to offer 
our motion to recommit.
  Mr. Speaker, I further assume that at some point we will vote on this 
bill, otherwise, everything the majority has said about why it is being 
offered would be a little less than honest.
  Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this supposed compromise bill is a sham. It fails to 
cover all Dreamers or to provide them with a certain path to 
citizenship. It fails to end the Trump family separation policy. It 
revokes critical protections for detained children and families. It 
eliminates important asylum protections. It makes communities less 
safe, and it slashes legal family immigration.
  At every step of the way, this bill attacks family unity. It attacks 
immigrant communities, it attacks common decency, and it evades 
fulfilling the pledge of the Speaker and the President that we will 
solve the problem and allow a path to citizenship for the Dreamers.
  Mr. Speaker, I include in the Record a report by the Cato Institute 
titled: ``House GOP Bill Cuts Legal Immigration by 1.4 Million Over 20 
Years.''

                 [From CATO at Liberty, June 21, 2018]

   House GOP Bill Cuts Legal Immigration by 1.4 Million Over 20 Years

                  (By David Bier and Stuart Anderson)

       The House is scheduled to vote tomorrow on a bill--the 
     Border Security and Immigration Reform Act, the supposed GOP 
     compromise bill. The authors claim in their bill summary that 
     ``the overall number of visas issued will not change,'' yet 
     that is simply incorrect. In fact, the proposal would reduce 
     legal immigration at least 1.4 million over 20 years.
       The bill would reduce the number of legal immigrants in 
     five ways: 1) eliminating the diversity visa lottery, 2) 
     ending sponsorship of married adult children of U.S. 
     citizens, 3) ending sponsorship of siblings of U.S. citizens, 
     4) restricting asylum claims, and 5) indirectly by 
     restricting overall immigration, which will lead to fewer 
     sponsorships of spouses, minor children, and parents of 
     naturalized citizens years later. The bill partially offsets 
     these effects by increasing employer-sponsored immigration 
     and by granting permanent residency to some Dreamers in the 
     United States, but the net effect is still strongly negative.
       Table 1 breaks down the cuts to legal immigration by 
     category over the 20-year period from 2020 to 2039. The net 
     effect is a reduction in legal immigration of 1.4 million 
     including Dreamers or 2.1 million not counting Dreamers 
     toward the total. This is a cut of 7 percent or 10 percent in 
     the number of legal immigrants that would have been allowed 
     to enter under current law.

  Mr. NADLER. Mr. Speaker, I urge all Members to oppose the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, for the purpose of closing on our side, I 
yield the balance of my time to the gentleman from Florida (Mr. 
Curbelo).
  Mr. CURBELO of Florida. Mr. Speaker, I thank the distinguished 
chairman for yielding me time.
  Mr. Speaker, the reason I am here is because I made a commitment to 
my constituents, and, really, to the country, that I wanted to improve 
our country's immigration system.
  If you look at the reality of what is happening today, it is really 
sad. We have a chaotic situation at the border. We have drug 
traffickers active at the border, bringing in their drugs, poisoning 
the American people.
  We have human traffickers, which are exploiting some of the most 
vulnerable people in the world, profiting off of them.
  Some of these children that get brought over by coyotes get abused, 
molested, raped.
  This is what is happening at our southwest border, and it has to 
change.
  The underlying bill invests in border security, and most Americans--
an overwhelming majority--want to see the situation at the border 
improve. And an overwhelming majority believes that the United States 
of America, like every country in the world, has the right and the duty 
to enforce its laws and to protect its borders.
  I am also here, Mr. Speaker, because I made a commitment to some of 
the victims of our broken immigration system.
  There are a lot of young immigrants in our country who were brought 
over as children. Some of them have no memory of their countries of 
origin. They are the victims of a broken immigration system. Some of 
these young

[[Page H5487]]

people--I know their stories because I know them well--when they are 14 
or 15, they discover that they are undocumented, after years of having 
sat in classrooms with our own kids, pledging allegiance to our own 
flag, and loving this country just as much as we do.
  And that is why this bill contains a solution that is fair to these 
young immigrants.
  If we don't pass this bill, these young immigrants, the Dreamers, the 
DACA recipients, could lose all of their protections in a matter of 
months.
  Now, we don't have to get into why or how that happened. We know that 
there are some court challenges out there, but that is the reality. 
That is what we are dealing with today.
  In addition to that, we have all spoken out against this tragedy of 
children being separated at the border and the difficult position that 
the current and the previous administration were in of having to choose 
between enforcing our immigration laws and separating families.
  Yes, the Obama administration planned and started detaining families 
together until a court told them that they could not, and now we have a 
true tragedy on our hands. This bill would also help solve that issue.
  In addition to that, we modernize our immigration laws by making sure 
that our economy's needs are met.
  Now, the alternative is to vote ``no'' and to double down on the 
status quo: a failed broken immigration system that has created so many 
victims over the years, from the small children who get abused by the 
human traffickers, to the young immigrants in our country who 
discovered one day that they were undocumented, to drug trafficking at 
the border that is poisoning so many people in our country.
  A vote against this bill is a vote for that status quo. And I don't 
think anyone in this Chamber supports the status quo on immigration.
  Mr. Speaker, I know this bill isn't perfect. This isn't the bill I 
would have drafted. My bill is the Recognizing America's Children Act. 
That is the bill that I drafted and that I would prefer. But there are 
435 of us in this Chamber, and sometimes we have to meet somewhere, 
meet into the middle, compromise.
  And let's not let this time be like it always is on immigration where 
everyone says: Unless I can get 100 percent of what I want, no one is 
going to get anything. And that might be easy for us to say here in 
this Chamber, but that isn't something easy for people to hear. For the 
American people, for young immigrants brought to our country, for the 
DACA population, that isn't easy for them to hear.
  They want to hear that we are going to find a way to get to yes, and 
that although our solution might not be perfect, it will leave us at a 
place better than the one we are in today.
  Mr. Speaker, that is why I respectfully ask all of my colleagues on 
both sides of the aisle to strongly consider supporting this 
legislation that will leave our country much better off than it is 
today.
  Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.

                              {time}  1915

  Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, there has been a lot of talk about children. I am the 
father of five children. This bill will keep families together, not 
separated, as exists under current law. This bill changes that law so 
that the Department of Homeland Security can keep family units 
together.
  I talked to the Secretary today. She told me there were 12,000 
children in these detention centers. I think it is important that we be 
transparent with the American people about the facts.
  Ten thousand of these children did not come in with their parents. 
Ten thousand of these children made the dangerous journey through 
Central America, through Mexico, and up into the United States with 
their guardian being the coyote, the human smuggler, the human 
trafficker. During the dangerous journey, many of them were abused and 
exploited on the way.
  I have been to the detention centers, and it is heartbreaking to see 
these kids. This bill provides a deterrent to stop this.
  In sum, Mr. Speaker, this bill protects the children. I was a Federal 
prosecutor in Texas. I saw the threats coming from the United States 
southern border: the drug traffickers; the human traffickers; the MS-
13; the opioids we have been talking about all week, precursors coming 
from China into Mexico, bringing heroin and opioids into the United 
States, killing thousands of Americans; the violence and the 
destruction. That is why we need a secure border.
  We have been talking about this for a long time on both sides of the 
aisle. Hillary Clinton talked about: ``We need a secure border.'' 
Barack Obama talked about: ``We need a secure border.'' Now we have a 
President who I think is serious about securing our border.
  This bill does many things, but it sticks to the four pillars we 
talked about in the White House: border security, by building a wall 
barrier system, technology, and personnel; the visa lottery system, a 
random lottery system, to be more merit based to bring in talent rather 
than a random system; chain migration is reduced so that it is not just 
based on family but rather on merit; and then, finally, we provide the 
solution for DACA. We legalize the DACA kids. We give them legal status 
to stay in the United States.
  I don't understand why my colleagues on the other side of the aisle 
can't support that.
  But what I want to talk about is my role as chairman of Homeland 
Security, why I think this border protection is so important. This is a 
map of special-interest aliens' pathway into the United States. Two 
thousand special-interest aliens are apprehended trying to make their 
way into the United States every year. Special interest means special-
interest countries, coming from the Middle East, from Africa, terror 
hotspots, coming into our hemisphere and going up into the United 
States.
  The 9/11 Commission talked about this. They said: ``Before 9/11, no 
agency of the U.S. Government systematically analyzed terrorists' 
travel strategies. Had they done so, they could have discovered the 
ways in which the terrorist predecessors to al-Qaida had been 
systematically but detectably exploiting weaknesses in our border 
security since the early 1990s.''
  Just recently, Secretary Nielsen testified and said: ``We have also 
seen ISIS, in written materials, encourage ISIS followers to cross our 
southwest border, given the loopholes that they are aware of.''
  We heard from Rear Admiral Hendrickson, the U.S. Southern Command 
admiral, who said: ``Some of these people''--attempting to cross our 
borders--``have ties to terrorism, and some have intentions to conduct 
attacks in the homeland.''
  Then a recently declassified CIA report written in 2003 says: 
Specific information at the time demonstrates al-Qaida's ``ongoing 
interest to enter the United States over land borders with Mexico and 
Canada.''
  And then the CIA reported: ``Bin Laden apparently sought operatives 
with valid Mexican passports.''
  The Secretary went on to say: `` . . . we are identifying and 
stopping terror suspects who would otherwise have gone undetected. In 
fact, on average, my department now blocks 10 known or suspected 
terrorists a day''--not a year--``from traveling to or attempting to 
enter the United States.''
  I think it is time we get this done. It is my last year as chairman 
of this committee, and I want to end it with providing the American 
people the security that they deserve.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance 
of my time.
  Mr. Speaker, I rise in opposition to this fake DACA bill, a bill that 
we just found out 10 minutes ago that we are not going to even vote on 
tomorrow. So all this time, all of the comments we have heard from the 
other side about how important it is for us to do our work, well, they 
have now decided it must not be too important. We are not going to vote 
on it.
  So again, this is a fake DACA bill. Obviously, someone has lost their 
nerve, because we are not going to even vote on it. So I have trouble 
believing that President Trump did not know that his unilateral 
decision to implement the zero-tolerance policy in April would result 
in thousands of children being ripped from their parents' arms.

[[Page H5488]]

  Over the past 6 weeks, Americans have grown more and more alarmed by 
the images and voices of children who, with little or no warning or 
explanation, were separated from their loving parents. For weeks, both 
the President and the Secretary of Homeland Security, Kirstjen Nielsen, 
repeatedly refused to accept responsibility for creating this 
humanitarian disaster.
  They blamed immigration laws. They blamed the Democrats. They blamed 
Congress. They blamed parents for the dangerous journey north to seek 
safe haven for themselves and their children.
  None of this was true. The lies did not fly. That dog didn't hunt.
  This past weekend, several of us in the Democratic Caucus flew down 
to the border to see for ourselves what was happening to the families. 
The President, seeing the news stories of suffering children and 
families, succumbed to his base desire for better press and finally 
acknowledged what we all know: He is responsible for the family 
separation crisis.
  The executive order he signed yesterday doubled down on zero 
tolerance and provides no relief to the families who have been 
separated. Like the executive order, H.R. 6136 does not resolve the 
family separation crisis. This does nothing to stop CBP's unfettered 
ability to separate families in various situations, including for those 
seeking asylum at ports of entry.
  The solution H.R. 6136 offers is to detain children indefinitely with 
their parents while they wait to be prosecuted in facilities that do 
not have to comply with court-ordered requirements for clean drinking 
water, toilets, and medical assistance. It ignores the 2016 findings of 
the Department of Homeland Security's own advisory committee that 
studied the question of family detention. In it, the experts concluded 
that family detention is neither appropriate nor necessary for 
families, and that it is never in the best interest of children.
  Mr. Speaker, it is time for Congress to take a stand against the 
cruel, inhumane immigration enforcement policies of the Trump 
administration by voting down H.R. 6136. We can send a strong message 
to the President to stop family separation.
  Mr. Speaker, many Members came into this week expecting to consider 
and vote on a measure that trades border wall funding for a Dreamer 
fix. H.R. 6136 is not that bill.
  This legislation would compel the expenditure of billions of 
taxpayers' dollars for decades to come on an unnecessary border wall, 
while maintaining the cruel zero-tolerance policy, limiting access to 
asylum, shrinking legal immigration, ending the diversity visa lottery 
program, and abolishing protections for unaccompanied children.
  There is nothing profamily or prosecurity about this bill. This is a 
fake DACA bill. There were no hearings, no witnesses, no stakeholder 
engagement, no markup, not even a CBO score. Now we find out at this 
hour that we have been debating a bill that we won't even vote on 
tomorrow. I wonder why. It is probably because some other people have 
found out that this is a fake DACA bill and probably not worth the 
paper it is printed on. But we shall see.
  Mr. Speaker, for these reasons, I urge a ``no'' vote, and I yield 
back the balance of my time.
  Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time.
  In closing, I know this is an emotional topic, and I think both sides 
have what they think are the best interests of the American people in 
their hearts. I feel that the Constitution drives me to protect the 
American people, and that is my most solemn, highest responsibility.
  I want to close with a quote from our Secretary of Homeland Security. 
She said: ``The only people who benefit from the immigration system 
right now are the smugglers, the traffickers, those who are peddling 
drugs, and terrorists. So let's fix the system.''
  Mr. Speaker, I agree with her. Let's fix the system. Let's protect 
the American people.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 953, the previous question is ordered on 
the bill.
  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.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 6136 is postponed.

                          ____________________