In the nature of a substitute.

SA 1959. Mr. GRASSLEY (for himself, Mrs. Ernst, Mr. Tillis, Mr.
Lankford, Mr. Cotton, Mr. Perdue, Mr. Cornyn, Mr. Alexander, and Mr.
Isakson) proposed an amendment to the bill H.R. 2579, to amend the
Internal Revenue Code of 1986 to allow the

[[Page S981]]

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

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

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

Sec. 1. Short titles; table of contents.

TITLE I--BUILDING AMERICA'S TRUST ACT

Sec. 1001. Short title.

Subtitle A--Border Security

Sec. 1101. Definitions.

Chapter 1--Infrastructure and Equipment

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

Chapter 2--Personnel

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

Chapter 3--Grants

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

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

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

Subtitle C--Border Security Enforcement Fund

Sec. 1301. Border Security Enforcement Fund.

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

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

Subtitle E--Domestic Security

Chapter 1--General Matters

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

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

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

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

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

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

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

Subtitle G--Protecting National Security and Public Safety

Chapter 1--General Matters

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

[[Page S982]]

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

Chapter 2--Strong Visa Integrity Secures America Act

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

Chapter 3--Visa Cancellation and Revocation

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

Chapter 4--Secure Visas Act

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

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

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

Chapter 6--Other Matters

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

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

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

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

Chapter 2--Prohibition on Naturalization and United States Citizenship

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

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

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

TITLE II--PERMANENT REAUTHORIZATION OF VOLUNTARY E-VERIFY

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

TITLE III--SUCCEED ACT

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

TITLE IV--ENSURING FAMILY REUNIFICATION

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

TITLE V--OTHER MATTERS

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

TITLE VI--TECHNICAL AMENDMENTS

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

TITLE I--BUILDING AMERICA'S TRUST ACT

SEC. 1001. SHORT TITLE.

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

Subtitle A--Border Security

SEC. 1101. DEFINITIONS.

In this subtitle:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors
that utilize an onboard computer to analyze detections in an
effort to discern between vehicles, humans, and animals, and
ultimately filter false positives before transmission.
(2) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
the term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(4) High traffic areas.--The term ``high traffic areas''
has the meaning given the term in section 102(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, as added by section 1111.
(5) Operational control.--The term ``operational control''
has the meaning given the term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Situational awareness.--The term ``situational
awareness'' has the meaning given the term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
(8) Small unmanned aerial vehicle.--The term ``small
unmanned aerial vehicle'' has the meaning given the term
``small unmanned aircraft'' in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).

[[Page S983]]

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

CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT

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

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

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

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

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

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

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

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

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

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

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

(cc) by adding at the end the following:

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

(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and inserting ``this
section''; and
(iii) by striking ``construction of fences'' and inserting
``the construction of physical barriers''; and
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into the
design, construction, or deployment of such physical
barriers, tactical infrastructure, or technology, as the case
may be, that the Secretary determines, in the Secretary's
sole discretion, are necessary to maximize the safety and
effectiveness of officers or agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements that the Secretary,
in the Secretary's sole discretion, determines necessary to
ensure the expeditious design, testing, construction,
installation, deployment, operation, and maintenance of the
physical barriers, tactical infrastructure and technology
under this section. Any such decision by the Secretary shall
be effective upon publication in the Federal Register.''; and
(4) by adding after subsection (d) the following:
``(e) Technology.--Not later than September 30, 2022, the
Secretary of Homeland Security, in carrying out this section,
shall deploy, operate, and permanently maintain along the
United States border the most practical and effective
technology available for achieving situational awareness and
operational control of the border.
``(f) Limitation on Requirements.--Nothing in this section
may be construed as requiring the Secretary to install
tactical infrastructure, technology, and physical barriers in
a particular location along an international border of the
United States if the Secretary determines that the use or
placement of such resources is not the most appropriate means
to achieve and maintain situational awareness and operational
control over the international border at such location.
``(g) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border
that--
``(A) are within the responsibility of U.S. Customs and
Border Protection; and
``(B) have significant unlawful cross-border activity, as
determined by the Secretary of Homeland Security.
``(2) Operational control.--The term `operational control'
has the meaning given the term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, a border wall system, and levee
walls.
``(4) Situational awareness defined.--The term `situational
awareness' has the meaning given the term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates,
checkpoints, lighting, and roads.
``(6) Technology.--The term `technology' means border
surveillance and detection technology, including--
``(A) tower-based surveillance technology;
``(B) deployable, lighter-than-air ground surveillance
equipment;
``(C) Vehicle and Dismount Exploitation Radars (VADER);
``(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology;
``(E) advanced unattended surveillance sensors;
``(F) mobile vehicle-mounted and man-portable surveillance
capabilities;
``(G) unmanned aerial vehicles; and
``(H) other border detection, communication, and
surveillance technology.
``(7) Unmanned aerial vehicles.--The term `unmanned aerial
vehicle' has the meaning given the term `unmanned aircraft'
in section 331 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95; 49 U.S.C. 40101 note).''.

SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.

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

[[Page S984]]

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

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

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

[[Page S985]]

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

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

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

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

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

[[Page S986]]

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

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

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

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

SEC. 1116. OPERATION PHALANX.

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

SEC. 1117. MERIDA INITIATIVE.

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

[[Page S987]]

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

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

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

SEC. 1119. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

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

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

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

[[Page S988]]

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

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

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

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

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

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

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

[[Page S989]]

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

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

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

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

SEC. 1124. SOUTHERN BORDER THREAT ANALYSIS.

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

[[Page S990]]

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

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

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

SEC. 1126. AGENT AND OFFICER TECHNOLOGY USE.

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

SEC. 1127. INTEGRATED BORDER ENFORCEMENT TEAMS.

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

``SEC. 434. INTEGRATED BORDER ENFORCEMENT TEAMS.

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

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

SEC. 1128. LAND USE OR ACQUISITION.

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

[[Page S991]]

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

SEC. 1129. TUNNEL TASK FORCES.

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

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

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

SEC. 1131. FOREIGN MIGRATION ASSISTANCE.

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

``SEC. 435. FOREIGN MIGRATION ASSISTANCE.

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

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

CHAPTER 2--PERSONNEL

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

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

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

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

[[Page S992]]

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

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

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

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

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

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

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

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

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

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

[[Page S993]]

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

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

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

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

SEC. 1145. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

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

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

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

``SEC. 5. REPORTING.

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

[[Page S994]]

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

``SEC. 6. DEFINITIONS.

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

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

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

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

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

SEC. 1148. OTHER IMMIGRATION AND LAW ENFORCEMENT PERSONNEL.

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

[[Page S995]]

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

SEC. 1149. JUDICIAL RESOURCES FOR BORDER SECURITY.

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

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

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

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

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

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

[[Page S996]]

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

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

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

CHAPTER 3--GRANTS

SEC. 1151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

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

SEC. 1152. SOUTHERN BORDER SECURITY ASSISTANCE GRANTS.

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

SEC. 1153. OPERATION STONEGARDEN.

(a) In General.--Subtitle A of title XX of the Homeland
Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by
adding at the end the following:

``SEC. 2009. OPERATION STONEGARDEN.

``(a) Establishment.--There is established in the
Department a program to be known as `Operation Stonegarden',
under which the Secretary, acting through the Administrator,
shall make grants to eligible law enforcement agencies,
through the State administrative agency, to enhance border
security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border; and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's most recent
Homeland Security Grant Program Notice of Funding
Opportunity; and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award
grants under this section

[[Page S997]]

to grant recipients for a period of not less than 36 months.
``(e) Report.--For each of the fiscal years 2018 through
2022, the Administrator shall submit a report to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives containing information on the
expenditure of grants made under this section by each grant
recipient.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated $110,000,000, for each of the fiscal years
2018 through 2022, for grants under this section.''.
(b) Conforming Amendment.--Section 2002(a) of the Homeland
Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004,
and 2009 to State, local, and tribal governments, as
appropriate.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2008 the
following:

``Sec. 2009. Operation Stonegarden.''.

SEC. 1154. GRANTS FOR IDENTIFICATION OF VICTIMS OF CROSS-
BORDER HUMAN SMUGGLING.

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

SEC. 1155. GRANT ACCOUNTABILITY.

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

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

SEC. 1201. DEFINITIONS.

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

SEC. 1202. PORTS OF ENTRY INFRASTRUCTURE.

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

[[Page S998]]

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

SEC. 1203. SECURE COMMUNICATIONS.

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

SEC. 1204. BORDER SECURITY DEPLOYMENT PROGRAM.

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

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

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

SEC. 1206. BIOMETRIC TECHNOLOGY.

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

SEC. 1207. NONINTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION
PROJECT.

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

SEC. 1208. BIOMETRIC EXIT DATA SYSTEM.

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

``SEC. 416. BIOMETRIC ENTRY-EXIT.

``(a) Establishment.--The Secretary--
``(1) not later than 180 days after the date of the
enactment of this section, shall submit an implementation
plan to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on the

[[Page S999]]

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

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

[[Page S1000]]

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

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

Subtitle C--Border Security Enforcement Fund

SEC. 1301. BORDER SECURITY ENFORCEMENT FUND.

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

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

SEC. 1401. SHORT TITLES.

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

SEC. 1402. ESTABLISHMENT OF SCHEDULE A.

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

``schedule a

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

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

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

[[Page S1001]]

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

SEC. 1404. PENALTIES.

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

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

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

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

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

[[Page S1002]]

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

SEC. 1407. ADDITIONAL CONFORMING AMENDMENTS.

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

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

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

SEC. 1409. RULES OF CONSTRUCTION.

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

Subtitle E--Domestic Security

CHAPTER 1--GENERAL MATTERS

SEC. 1501. KEEP OUR COMMUNITIES SAFE ACT.

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

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

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

[[Page S1003]]

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

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

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

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

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

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

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

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

SEC. 1502. DETERRING VISA OVERSTAYS.

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

``SEC. 214. ADMISSION OF NONIMMIGRANTS.

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

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

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

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

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

[[Page S1004]]

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

SEC. 1503. INCREASE IN IMMIGRATION DETENTION CAPACITY.

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

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

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

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

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

SEC. 1506. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

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

[[Page S1005]]

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

SEC. 1507. ENDING ABUSE OF PAROLE AUTHORITY.

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

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

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

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

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

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

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

SEC. 1508. REPORTS TO CONGRESS ON PAROLE.

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

[[Page S1006]]

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

SEC. 1509. REINSTATEMENT OF THE SECURE COMMUNITIES PROGRAM.

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

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

(a) Authority To Cooperate With Federal Officials.--A
State, a political subdivision of a State, or an officer,
employee, or agent of such State or political subdivision
that complies with a detainer issued by the Department of
Homeland Security under section 236 or 287 of the Immigration
and Nationality Act (8 U.S.C. 1226 and 1357)--
(1) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(2) with regard to actions taken to comply with the
detainer, shall have all authority available to officers and
employees of the Department of Homeland Security.
(b) Legal Proceedings.--In any legal proceeding brought
against a State, a political subdivision of State, or an
officer, employee, or agent of such State or political
subdivision which challenges the legality of the seizure or
detention of an individual pursuant to a detainer issued by
the Department of Homeland Security under section 236 or 287
of the Immigration and Nationality Act (8 U.S.C. 1226 and
1357)--
(1) no liability shall lie against the State or political
subdivision of a State for actions taken in compliance with
the detainer; and
(2) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(A) the officer, employee, or agent shall be deemed--
(i) to be an employee of the Federal Government and an
investigative or law enforcement officer; and
(ii) to have been acting within the scope of his or her
employment under section 1346(b) and chapter 171 of title 28,
United States Code;
(B) section 1346(b) of title 28, United States Code, shall
provide the exclusive remedy for the plaintiff; and
(C) the United States shall be substituted as defendant in
the proceeding.
(c) Rule of Construction.--Nothing in this section may be
construed to provide immunity to any person who knowingly
violates the civil or constitutional rights of an individual.

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

SEC. 1520. SHORT TITLE.

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

SEC. 1521. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

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

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

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

SEC. 1523. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

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

[[Page S1007]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1008]]

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

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

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

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

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

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

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

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

SEC. 1527. REPORTS TO CONGRESS.

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

[[Page S1009]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1010]]

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

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

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

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

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

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

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

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

SEC. 1604. ESTABLISHING INADMISSIBILITY AND DEPORTABILITY.

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

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

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

``SEC. 275. ILLEGAL ENTRY.

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

[[Page S1011]]

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

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

SEC. 1606. PENALTIES FOR REENTRY OF REMOVED ALIENS.

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

``SEC. 276. REENTRY OF REMOVED ALIEN.

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

[[Page S1012]]

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

SEC. 1607. LAUNDERING OF MONETARY INSTRUMENTS.

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

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

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

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

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

[[Page S1013]]

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

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

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

Subtitle G--Protecting National Security and Public Safety

CHAPTER 1--GENERAL MATTERS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1014]]

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

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

SEC. 1704. DETENTION OF REMOVABLE ALIENS.

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

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

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

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

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

[[Page S1015]]

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

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

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

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

[[Page S1016]]

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

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

SEC. 1705. GAO STUDY ON DEATHS IN CUSTODY.

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

SEC. 1706. GAO STUDY ON MIGRANT DEATHS.

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

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

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

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

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

[[Page S1017]]

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1018]]

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

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

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

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

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

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

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

SEC. 1711. CHILD SOLDIER RECRUITMENT INELIGIBILITY TECHNICAL
CORRECTION.

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

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

(a) Definition of Criminal Gang.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended
by inserting after paragraph (52) the following:
``(53)(A) The term `criminal gang' means any ongoing group,
club, organization, or association, inside or outside the
United States, of 2 or more persons that--
``(i) has, as 1 of its primary purposes, the commission of
1 or more of the criminal offenses described in subparagraph
(B) and the members of which engage, or have engaged within
the past 5 years, in a continuing series of such offenses; or
``(ii) has been designated as a criminal gang by the
Secretary, in consultation with the Secretary of State and
the Attorney General, as meeting the criteria set forth in
clause (i).
``(B) The offenses described in this subparagraph, whether
in violation of Federal or State law or the law of a foreign
country and regardless of whether the offenses occurred
before, on, or after the date of the enactment of the SECURE
and SUCCEED Act, are the following:
``(i) Any aggravated felony.
``(ii) A felony drug offense (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(iii) Any criminal offense described in section 212 or
237.
``(iv) An offense involving illicit trafficking in a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), including a drug
trafficking crime (as defined in section 924(c) of title 18,
United States Code).
``(v) An offense under section 274 (relating to bringing in
and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for
immoral purpose).
``(vi) Any offense under Federal, State, or Tribal law,
that has, as an element of the offense, the use or attempted
use of physical force or the threatened use of physical force
or a deadly weapon.
``(vii) Any offense that has, as an element of the offense,
the use, attempted use, or threatened use of any physical
object to inflict or cause (either directly or indirectly)
serious bodily injury, including an injury that may
ultimately result in the death of a person.
``(viii) An offense involving obstruction of justice or
tampering with or retaliating against a witness, victim, or
informant.
``(ix) Any conduct punishable under section 1028 or 1029 of
title 18, United States Code (relating to fraud and related
activity in connection with identification documents or
access devices), sections 1581 through 1594 of such title
(relating to peonage, slavery and trafficking in persons),
section 1952 of such title (relating to interstate and
foreign travel or transportation in aid of racketeering
enterprises), section 1956 of such title (relating to the
laundering of monetary instruments), section 1957 of such
title (relating to engaging in monetary transactions in
property derived from specified unlawful activity), or
sections 2312 through 2315 of such title (relating to
interstate transportation of stolen motor vehicles or stolen
property).
``(x) A conspiracy or attempt to commit an offense
described in clauses (i) through (v).
``(C) Notwithstanding any other provision of law (including
any effective date), a group, club, organization, or
association shall be considered a criminal gang regardless of
whether the conduct occurred before, on, or after the date of
the enactment of the SECURE and SUCCEED Act.''.
(b) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following:
``(J) Aliens associated with criminal gangs.--
``(i) In general.--Any alien who a consular officer, the
Secretary, or the Attorney General knows or has reasonable
ground to believe--

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

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

[[Page S1019]]

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

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

``220. Designation of criminal gangs.''
(d) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by
adding at the end the following:
``(G) Aliens associated with criminal gangs.--
``(i) In general.--Any alien who the Secretary or the
Attorney General knows or has reason to believe--

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

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

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

(e) Cancellation of Removal.--Section 240A(c) of the
Immigration and Nationality Act (8 U.S.C. 1229b(c)) is
amended by adding at the end the following:
``(7) An alien who is described in section 212(a)(2)(J)(i)
or section 237(a)(2)(G)(i) (relating to participation in
criminal gangs).''.
(f) Voluntary Departure.--Section 240B(c) of the
Immigration and Nationality Act (8 U.S.C. 1229c(c)) is
amended to read as follows:
``(c) Limitation on Voluntary Departure.--The Attorney
General shall not permit an alien to depart voluntarily under
this section if the alien--
``(1) was previously permitted to depart voluntarily after
having been found inadmissible under section 212(a)(6)(A); or
``(2) is described in section 212(a)(2)(J)(i) or
237(a)(2)(G)(i) (relating to participation in criminal
gangs).''.
(g) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended in the
matter preceding clause (i) by inserting ``who is described
in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who
is'' after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is
amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(G)(i) (relating to participation in
criminal gangs); or''; and
(D) by amending clause (vii), as redesignated, to read as
follows:
``(vii) the alien was firmly resettled in another country
in any legal status prior to arriving in the United
States.''.
(h) Good Moral Character Bar for Criminal Gang Members.--
Section 101(f) of the Immigration and Nationality Act (8
U.S.C. 1101(f)), as amended by section 1710(d), 1713(d), and
1822(a) of this Act, is further amended by inserting after
paragraph (10) the following:
``(11) is a member of 1 or more classes of persons
described in section 212(a)(2)(J) or 237(a)(2)(G) and has
been convicted of any offense described in section
101(a)(43), 212(a)(2), or 237(a)(2); or''.
(i) Annual Report on Detention of Criminal Gang Members.--
Not later than March 1 of the first calendar year beginning
at least 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary of Homeland Security,
after consultation with the heads of appropriate Federal
agencies, shall submit a report to the Committee on Homeland
Security and Governmental Affairs of the Senate, the
Committee on the Judiciary of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on the Judiciary of the House of Representatives
that identifies the number of aliens detained described in
sections 212(a)(2)(J) and section 237(a)(2)(G) of the
Immigration and Nationality Act, as added by subsections (b)
and (d).
(j) Effective Date and Application.--The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to acts that occur before, on, or
after the date of the enactment of this Act.

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

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

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

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

[[Page S1020]]

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

SEC. 1714. PROTECTING IMMIGRANTS FROM CONVICTED SEX
OFFENDERS.

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

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

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

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

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

[[Page S1021]]

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

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

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

SEC. 1717. AGGRAVATED FELONIES.

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

[[Page S1022]]

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

SEC. 1718. FAILURE TO OBEY REMOVAL ORDERS.

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

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

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

[[Page S1023]]

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

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

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

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

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

SEC. 1722. EXPANSION OF CRIMINAL ALIEN REPATRIATION PROGRAMS.

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

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

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

CHAPTER 2--STRONG VISA INTEGRITY SECURES AMERICA ACT

SEC. 1731. SHORT TITLE.

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

SEC. 1732. VISA SECURITY.

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

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

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

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

[[Page S1024]]

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

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

SEC. 1733. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC
MATCHING.

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

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

``(a) In General.--Not later than 1 year after the date of
the enactment of the Strong Visa Integrity Secures America
Act, the Commissioner of U.S. Customs and Border Protection
shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to inspect travelers at
United States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Subsection (a)(1)
shall apply to passports belonging to individuals who are
United States citizens, individuals who are nationals of a
program country pursuant to section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187), and individuals who are
nationals of any other foreign country that issues electronic
passports.
``(2) Facial recognition matching.--Subsection (a)(2) shall
apply, at a minimum, to individuals who are nationals of a
program country pursuant to section 217 of such Act.
``(c) Annual Report.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection, in collaboration with the Chief Privacy
Officer of the Department, shall submit an annual report,
through fiscal year 2022, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives that describes the utilization of facial
recognition technology and other biometric technology
pursuant to subsection (a)(2).
``(2) Report contents.--Each report submitted pursuant to
paragraph (1) shall include--
``(A) information on the type of technology used at each
airport of entry;
``(B) the number of individuals who were subject to
inspection using either of such technologies at each airport
of entry;
``(C) within the group of individuals subject to such
inspection, the number of those individuals who were United
States citizens and lawful permanent residents;
``(D) information on the disposition of data collected
during the year covered by such report; and
``(E) information on protocols for the management of
collected biometric data, including time frames and criteria
for storing, erasing, destroying, or otherwise removing such
data from databases utilized by the Department.

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

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

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

SEC. 1734. REPORTING VISA OVERSTAYS.

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

[[Page S1025]]

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

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

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

SEC. 1736. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.

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

``SEC. 436. SOCIAL MEDIA SCREENING.

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

``SEC. 437. OPEN SOURCE SCREENING.

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

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

CHAPTER 3--VISA CANCELLATION AND REVOCATION

SEC. 1741. CANCELLATION OF ADDITIONAL VISAS.

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

SEC. 1742. VISA INFORMATION SHARING.

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

SEC. 1743. VISA INTERVIEWS.

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

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

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

CHAPTER 4--SECURE VISAS ACT

SEC. 1751. SHORT TITLE.

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

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

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

[[Page S1026]]

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

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

SEC. 1761. SHORT TITLE.

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

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

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

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

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

SEC. 1764. DNA TESTING AND CRIMINAL HISTORY.

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

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

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

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

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

CHAPTER 6--OTHER MATTERS

SEC. 1771. REQUIREMENT FOR COMPLETION OF BACKGROUND CHECKS.

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

SEC. 1772. WITHHOLDING OF ADJUDICATION.

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

[[Page S1027]]

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

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

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

SEC. 1774. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

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

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

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

[[Page S1028]]

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

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

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

``Sec. 3291. Nationality, citizenship and passports

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

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

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

SEC. 1778. VALIDITY OF ELECTRONIC SIGNATURES.

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

``SEC. 296. VALIDITY OF SIGNATURES.

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

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

``Sec. 3513. Signatures relating to immigration matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1029]]

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

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

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

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

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

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

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

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

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

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

SEC. 1809. BARRING PERSECUTORS AND TERRORISTS FROM REGISTRY.

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

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

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

[[Page S1030]]

CHAPTER 2--PROHIBITION ON NATURALIZATION AND UNITED STATES CITIZENSHIP

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

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

SEC. 1822. TERRORIST BAR TO GOOD MORAL CHARACTER.

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

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

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

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

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

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

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

[[Page S1031]]

SEC. 1825. CLARIFICATION OF DENATURALIZATION AUTHORITY.

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

SEC. 1826. DENATURALIZATION OF TERRORISTS.

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

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

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

SEC. 1828. NATURALIZATION DOCUMENT RETENTION.

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

``SEC. 345. NATURALIZATION DOCUMENT RETENTION.

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

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

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

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

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

SEC. 1832. PASSPORT REVOCATION ACT.

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

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

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

TITLE II--PERMANENT REAUTHORIZATION OF VOLUNTARY E-VERIFY

SEC. 2001. PERMANENT REAUTHORIZATION.

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

SEC. 2002. PREEMPTION; LIABILITY.

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

[[Page S1032]]

SEC. 2003. INFORMATION SHARING.

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

SEC. 2004. SMALL BUSINESS DEMONSTRATION PROGRAM.

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

SEC. 2005. FRAUD PREVENTION.

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

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

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

TITLE III--SUCCEED ACT

SEC. 3001. SHORT TITLES.

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

SEC. 3002. DEFINITIONS.

In this title:
(1) In general.--Except as otherwise specifically provided,
any term used in this title that is also used in the
immigration laws shall have the meaning given such term in
the immigration laws.
(2) Alien enlistee.--The term ``alien enlistee'' means a
conditional temporary resident that seeks to maintain or
extend such status by complying with the requirements under
this title relating to enlistment and service in the Armed
Forces of the United States.
(3) Alien postsecondary student.--The term ``alien
postsecondary student'' means a conditional temporary
resident that seeks to maintain or extend such status by
complying with the requirements under this title relating to
enrollment in, and graduation from, an institution of higher
education in the United States.
(4) Conditional temporary resident.--
(A) Definition.--The term ``conditional temporary
resident'' means an alien described in subparagraph (B) who
is granted conditional temporary resident status under this
title.
(B) Description.--An alien granted conditional temporary
resident status under this title--
(i) shall not be considered to be an alien who is
unlawfully present in the United States for purposes of the
immigration laws, including section 505 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1623);
(ii) shall not be permitted to apply for adjustment of
status under section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255(a)) until the date on which
the alien is permitted to so apply under section 3005;
(iii) has the intention to permanently reside in the United
States;
(iv) is not required to have a foreign residence which the
alien has no intention of abandoning; and
(v) on the date on which the alien is eligible to apply for
adjustment of status to that of an alien lawfully admitted
for permanent residence under section 3005, the shall be
considered to have been inspected and admitted for the
purposes of section 245(a) of the Immigration and Nationality
Act (8 U.S.C. 1255(a)).
(5) Federal public benefit.--The term ``Federal public
benefit'' means--
(A) the American Opportunity Tax Credit authorized under
section 25A(i) of the Internal Revenue Code of 1986;
(B) the Earned Income Tax Credit authorized under section
32 of the Internal Revenue Code of 1986;
(C) the Health Coverage Tax Credit authorized under section
35 of the Internal Revenue Code of 1986;
(D) Social Security benefits authorized under title II of
the Social Security Act (42 U.S.C. 401 et seq.);
(E) Medicare benefits authorized under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.); and
(F) benefits received under the Federal-State Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
(6) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(7) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that the term does not include an
institution of higher education outside of the United States.
(8) Military-related terms.--The terms ``active duty'',
``active service'', ``active status'', and ``armed forces''
have the meanings given those terms in section 101 of title
10, United States Code.
(9) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means liability for
Federal taxes imposed under the Internal Revenue Code of
1986, including any penalties and interest on such taxes.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(11) Significant misdemeanor.--The term ``significant
misdemeanor'' means--
(A) a criminal offense involving--
(i) domestic violence;
(ii) sexual abuse or exploitation, including sexually
explicit conduct involving minors (as such terms are defined
in section 2256 of title 18, United States Code);
(iii) burglary;
(iv) unlawful possession or use of a firearm;
(v) drug distribution or trafficking; or
(vi) driving under the influence or driving while
intoxicated; or
(B) any other misdemeanor for which the individual was
sentenced to a term of imprisonment of not less than 90 days
(excluding a suspended sentence).

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

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

[[Page S1033]]

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

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

(vi) has not been convicted of--

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

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

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

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

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

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

[[Page S1034]]

(8) Military selective service.--An alien applying for
relief available under this subsection shall establish that
the alien has registered for the Selective Service under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.)
if the alien is subject to such registration requirement
under such Act.
(9) Treatment of expunged convictions.--
(A) In general.--The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature
and severity of the offense to determine whether, under the
particular circumstances, an alien may be eligible for--
(i) conditional temporary resident status under this title;
or
(ii) adjustment to that of an alien lawfully admitted for
permanent residence under section 3005.
(B) Judicial review.--Notwithstanding any other provision
of law (statutory or nonstatutory), including section 2241 of
title 28, United States Code, any other habeas corpus
provision, and sections 1361 and 1651 of such title, no court
shall have jurisdiction to review a determination by the
Secretary under subparagraph (A).
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under subsection (a)
shall not terminate when the alien is served a notice to
appear under section 239(a) of the Immigration and
Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--Except as provided in paragraph (2), an
alien shall be considered to have failed to maintain
continuous physical presence in the United States under
subsection (a)(1)(A) if the alien has departed from the
United States for--
(A) any period exceeding 90 days; or
(B) any periods exceeding 180 days, in the aggregate,
during a 5-year period.
(2) Extensions for exceptional circumstances.--The
Secretary may extend the periods described in paragraph (1)
by 90 days if the alien demonstrates that the failure to
timely return to the United States was due to exceptional
circumstances. The exceptional circumstances determined
sufficient to justify an extension should be not less
compelling than the serious illness of the alien, or the
death or serious illness of the alien's parent, grandparent,
sibling, or child.
(3) Exception for military service.--Any time spent outside
of the United States that is due to the alien's active
service in the Armed Forces of the United States shall not be
counted towards the time limits set forth in paragraph (1).
(d) Rulemaking.--
(1) Initial publication.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall publish
regulations implementing this section.
(2) Interim regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations required under
paragraph (1) shall be effective, on an interim basis,
immediately upon publication but may be subject to change and
revision after public notice and opportunity for a period of
public comment.
(3) Final regulations.--Within a reasonable time after
publication of the interim regulations under paragraph (1),
the Secretary shall publish final regulations implementing
this section.
(e) Removal of Alien.--The Secretary may not seek to remove
an alien who establishes prima facie eligibility for
cancellation of removal and conditional temporary resident
status under this title until the alien has been provided
with a reasonable opportunity to file an application for
conditional temporary resident status under this title.

SEC. 3004. CONDITIONAL TEMPORARY RESIDENT STATUS.

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

[[Page S1035]]

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

(a) In General.--An alien who has been a conditional
temporary resident under this title for at least 7 years may
file an application with the Secretary, in accordance with
subsection (c), to adjust status to that of an alien lawfully
admitted for permanent residence. The application shall
include the required fee and shall be filed in accordance
with the procedures established by the Secretary.
(b) Adjudication of Application for Adjustment of Status.--
(1) Adjustment of status if favorable determination.--If
the Secretary determines that an alien who filed an
application under subsection (a) meets the requirements
described in subsection (d), the Secretary shall--
(A) notify the alien of such determination; and
(B) adjust the alien's status to that of an alien lawfully
admitted for permanent residence.
(2) Termination if adverse determination.--If the Secretary
determines that an alien who files an application under
subsection (a) does not meet the requirements described in
subsection (d), the Secretary shall--
(A) notify the alien of such determination; and
(B) terminate the conditional temporary status of the
alien.
(c) Time to File Application.--
(1) In general.--Applications for adjustment of status
described in subsection (a) shall be filed during the
period--
(A) beginning 180 days before the expiration of the 7-year
period of conditional temporary resident status under this
title; and
(B) ending--
(i) 7 years after the date on which conditional temporary
resident status was initially granted to the alien under this
title; or
(ii) after the conditional temporary resident status has
been terminated.
(2) Status during pendency.--An alien shall be deemed to be
in conditional temporary resident status in the United States
during the period in which an application filed by the alien
under subsection (a) is pending.
(d) Contents of Application.--
(1) In general.--Each application filed by an alien under
subsection (a) shall contain information to permit the
Secretary to determine whether the alien--
(A) has been a conditional temporary resident under this
title for at least 7 years;
(B) has demonstrated good moral character during the entire
period the alien has been a conditional temporary resident
under this title;
(C) is in compliance with section 3003(a)(1); and
(D) has not abandoned the alien's residence in the United
States.
(2) Presumptions.--For purposes of paragraph (1)--
(A) the Secretary shall presume that an alien has abandoned
the alien's residence in the United States if the alien is
absent from the United States for more than 365 days, in the
aggregate, during the period of conditional temporary
resident status under this title, unless the alien
demonstrates that the alien has not abandoned the alien's
residence; and
(B) an alien who is absent from the United States due to
active service in the Armed Forces of the United States has
not abandoned the alien's residence in the United States
during the period of such service.
(e) Citizenship Requirement.--
(1) In general.--Except as provided in paragraph (2), an
alien granted conditional temporary resident status under
this title may not be adjusted to permanent resident status
unless the alien demonstrates to the satisfaction of the
Secretary that the alien satisfies the requirements under
section 312(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1423(a)(1)).
(2) Exception.--Paragraph (1) shall not apply to an alien
whom the Secretary determines is unable because of a physical
or developmental disability or mental impairment to meet the
requirements of such paragraph. The Secretary, in
coordination with the Secretary of Health and Human Services
and the Surgeon General, shall establish procedures for
making determinations under this subsection.
(f) Payment of Federal Taxes.--Not later than the date on
which an application for adjustment of status is filed under
subsection (a), the alien shall satisfy any applicable
Federal tax liability due and owing on such date, as
determined and verified by the Commissioner of Internal
Revenue, notwithstanding section 6103 of title 26, United
States Code, or any other provision of law.
(g) Submission of Biometric and Biographic Data.--
(1) In general.--The Secretary may not adjust the status of
an alien under this section unless the alien submits
biometric and biographic data, in accordance with procedures
established by the Secretary.
(2) Alternative procedure.--The Secretary shall provide an
alternative procedure for an applicant who is unable to
provide the biometric or biographic data referred to in
paragraph (1) due to a physical disability or impairment.
(h) Background Checks.--
(1) Requirement for background checks.--The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines to be appropriate--
(A) to conduct security and law enforcement background
checks of an alien applying for adjustment of status under
this section; and
(B) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such adjustment of status.
(2) Completion of background checks.--The security and law
enforcement background checks required under paragraph (1)
shall be completed with respect to an alien, to the
satisfaction of the Secretary, before the date on which the
Secretary makes a decision on the application for adjustment
of status of the alien.
(i) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
eligible for adjustment of status under this section.
(j) Treatment of Aliens Meeting Requirements for Extension
of Conditional Temporary Resident Status.--If an alien has
satisfied all of the requirements under section 3003(a)(1) as
of the date of enactment of this Act, the Secretary may
cancel the removal of the alien and permit the alien to apply
for conditional temporary resident status under this title.
After the initial period of conditional temporary resident
status described in section 3004(a), the Secretary shall
extend such alien's conditional temporary resident status and
permit the alien to apply for adjustment of status in
accordance with subsection (a) if the alien has met the
requirements under section 3004(e) during the entire period
of conditional temporary resident status under this title.

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

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

SEC. 3007. EXCLUSIVE JURISDICTION.

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

SEC. 3008. CONFIDENTIALITY OF INFORMATION.

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

[[Page S1036]]

being used or released for immigration enforcement, law
enforcement, or national security purposes.
(e) Subsequent Applications for Immigration Benefits.--The
Secretary may use the information provided by an individual
pursuant to an application filed under this title to
adjudicate an application, petition, or other request for an
immigration benefit made by the individual on a date after
the date on which the individual filed the application under
this title.
(f) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.

SEC. 3009. RESTRICTION ON WELFARE BENEFITS FOR CONDITIONAL
TEMPORARY RESIDENTS.

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

SEC. 3010. GAO REPORT.

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

SEC. 3011. MILITARY ENLISTMENT.

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

SEC. 3012. ELIGIBILITY FOR NATURALIZATION.

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

SEC. 3013. FUNDING.

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

TITLE IV--ENSURING FAMILY REUNIFICATION

SEC. 4001. SHORT TITLE.

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

SEC. 4002. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

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

[[Page S1037]]

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

SEC. 4003. ELIMINATION OF DIVERSITY VISA PROGRAM.

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

[[Page S1038]]

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

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

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

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

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

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

TITLE V--OTHER MATTERS

SEC. 5001. OTHER IMMIGRATION AND NATIONALITY ACT AMENDMENTS.

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

SEC. 5002. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT.

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

SEC. 5003. EXEMPTION FROM THE PAPERWORK REDUCTION ACT.

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

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

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

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

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

(I) in clause (i)--

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

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

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

SEC. 5006. SEVERABILITY.

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

[[Page S1039]]

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

SEC. 5007. FUNDING.

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

TITLE VI--TECHNICAL AMENDMENTS

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

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

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

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

``SEC. 103. POWERS AND DUTIES.

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

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

(iii) in paragraph (4)--

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

(iv) in paragraph (5)--

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

(v) in paragraph (6)--

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

(vi) in paragraph (7)--

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

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

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

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

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

[[Page S1040]]

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

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

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

[[Page S1041]]

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

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

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

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

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

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

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

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

SEC. 6007. OTHER AMENDMENTS.

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

[[Page S1042]]

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

SEC. 6008. REPEALS; RULE OF CONSTRUCTION.

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

SEC. 6009. MISCELLANEOUS TECHNICAL CORRECTION.

Section 7 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3508) is amended by striking ``Commissioner of
Immigration'' and inserting ``Secretary of Homeland
Security''.
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