[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.
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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.
____________________