S.Amdt. 1966

SA 1966. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill H.R. 2579, to amend the Internal Revenue Code of 1986
to allow the premium tax credit with respect to unsubsidized COBRA
continuation coverage; which was ordered to lie on the table; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Table of contents.

TITLE I--LEGAL IMMIGRATION REFORM

Subtitle A--Immigrant Visa Allocations and Priorities

Sec. 1101. Family-sponsored immigration priorities.
Sec. 1102. Elimination of diversity visa program.
Sec. 1103. Employment-based immigration priorities.
Sec. 1104. Waiver of rights by B visa nonimmigrants.

Subtitle B--Visa Security

Sec. 1201. Cancellation of additional visas.
Sec. 1202. Visa information sharing.
Sec. 1203. Restricting waiver of visa interviews.
Sec. 1204. Authorizing the Department of State to not interview certain
ineligible visa applicants.
Sec. 1205. Visa refusal and revocation.
Sec. 1206. Petition and application processing for visas and
immigration benefits.
Sec. 1207. Fraud prevention.
Sec. 1208. Visa ineligibility for spouses and children of drug
traffickers.
Sec. 1209. DNA testing.
Sec. 1210. Access to NCIC criminal history database for diplomatic
visas.
Sec. 1211. Elimination of signed photograph requirement for visa
applications.
Sec. 1212. Additional fraud detection and prevention.

TITLE II--INTERIOR IMMIGRATION ENFORCEMENT

Subtitle A--New Illegal Deduction Eliminations

Sec. 2101. Clarification that wages paid to unauthorized aliens may not
be deducted from gross income.
Sec. 2102. Modification of E-Verify Program.

Subtitle B--Sanctuary Cities and State and Local Law Enforcement
Cooperation

Sec. 2201. Short title.
Sec. 2202. State noncompliance with enforcement of immigration law.
Sec. 2203. Clarifying the authority of U.S. Immigration and Customs
Enforcement detainers.
Sec. 2204. Sarah and Grant's law.
Sec. 2205. Clarification of congressional intent.
Sec. 2206. Penalties for illegal entry or presence.

Subtitle C--Criminal Aliens

Sec. 2301. Precluding admissibility of aliens convicted of aggravated
felonies or other serious offenses.
Sec. 2302. Increased penalties barring the admission of convicted sex
offenders failing to register and requiring deportation
of sex offenders failing to register.
Sec. 2303. Grounds of inadmissibility and deportability for alien gang
members.
Sec. 2304. Inadmissibility and deportability of drunk drivers.
Sec. 2305. Definition of aggravated felony.
Sec. 2306. Precluding withholding of removal for aggravated felons.
Sec. 2307. Protecting immigrants from convicted sex offenders.
Sec. 2308. Clarification to crimes of violence and crimes involving
moral turpitude.
Sec. 2309. Detention of dangerous aliens.
Sec. 2310. Timely repatriation.
Sec. 2311. Illegal reentry.

Subtitle D--Asylum Reform

Sec. 2401. Clarification of intent regarding taxpayer-provided counsel.
Sec. 2402. Credible fear interviews.
Sec. 2403. Recording expedited removal and credible fear interviews.
Sec. 2404. Safe third country.
Sec. 2405. Renunciation of asylum status pursuant to return to home
country.
Sec. 2406. Notice concerning frivolous asylum applications.
Sec. 2407. Anti-fraud investigative work product.
Sec. 2408. Penalties for asylum fraud.
Sec. 2409. Statute of limitations for asylum fraud.
Sec. 2410. Technical amendments.

Subtitle E--Unaccompanied and Accompanied Alien Minors Apprehended
Along the Border

Sec. 2501. Repatriation of unaccompanied alien children.
Sec. 2502. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 2503. Jurisdiction of asylum applications.
Sec. 2504. Quarterly report to Congress.
Sec. 2505. Biannual report to Congress.
Sec. 2506. Clarification of standards for family detention.

[[Page S1047]]

TITLE III--BORDER ENFORCEMENT

Sec. 3001. Short title.

Subtitle A--Border Security

Sec. 3101. Definitions.

Chapter 1--Infrastructure and Equipment

Sec. 3111. Strengthening the requirements for barriers along the
southern border.
Sec. 3112. Air and Marine Operations flight hours.
Sec. 3113. Capability deployment to specific sectors and transit zone.
Sec. 3114. U.S. Border Patrol activities.
Sec. 3115. Border security technology program management.
Sec. 3116. Reimbursement of States for deployment of the National Guard
at the southern border.
Sec. 3117. National Guard support to secure the southern border.
Sec. 3118. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 3119. Landowner and rancher security enhancement.
Sec. 3120. Eradication of carrizo cane and salt cedar.
Sec. 3121. Southern border threat analysis.
Sec. 3122. Amendments to U.S. Customs and Border Protection.
Sec. 3123. Agent and officer technology use.
Sec. 3124. Integrated Border Enforcement Teams.
Sec. 3125. Tunnel Task Forces.
Sec. 3126. Pilot program on use of electromagnetic spectrum in support
of border security operations.
Sec. 3127. Homeland security foreign assistance.

Chapter 2--Personnel

Sec. 3131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 3132. U.S. Customs and Border Protection retention incentives.
Sec. 3133. Anti-Border Corruption Reauthorization Act.
Sec. 3134. Training for officers and agents of U.S. Customs and Border
Protection.

Chapter 3--Grants

Sec. 3141. Operation Stonegarden.

Chapter 4--Authorization of Appropriations

Sec. 3151. Authorization of appropriations.

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

Sec. 3201. Ports of entry infrastructure.
Sec. 3202. Secure communications.
Sec. 3203. Border security deployment program.
Sec. 3204. Non-intrusive inspection operational demonstration.
Sec. 3205. Biometric exit data system.
Sec. 3206. Sense of Congress on cooperation between agencies.
Sec. 3207. Authorization of appropriations.
Sec. 3208. Definition.

TITLE IV--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

Sec. 4101. Definitions.
Sec. 4102. Contingent nonimmigrant status for certain aliens who
entered the United States as minors.
Sec. 4103. Administrative and judicial review.
Sec. 4104. Penalties and signature requirements.
Sec. 4105. Rulemaking.
Sec. 4106. Statutory construction.

TITLE I--LEGAL IMMIGRATION REFORM

Subtitle A--Immigrant Visa Allocations and Priorities

SEC. 1101. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

(a) Immediate Relative Redefined.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (b)(2)(A)--
(A) in clause (i), by striking ``children, spouses, and
parents of a citizen of the United States, except that, in
the case of parents, such citizens shall be at least 21 years
of age.'' and inserting ``children and spouse of a citizen of
the United States.''; and
(B) in clause (ii), by striking ``such an immediate
relative'' and inserting ``the immediate relative spouse of a
United States citizen'';
(2) by 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 87,934 minus the
number computed under paragraph (2).
``(2) The number computed under this paragraph for a fiscal
year is the number of aliens who were paroled into the United
States under section 212(d)(5) in the second preceding fiscal
year who--
``(A) did not depart from the United States (without
advance parole) within 365 days; and
``(B)(i) did not acquire the status of an alien lawfully
admitted to the United States for permanent residence during
the two preceding fiscal years; or
``(ii) acquired such status during such period under a
provision of law (other than subsection (b)) that exempts
adjustment to such status from the numerical limitation on
the worldwide level of immigration under this section.''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``section 203(a)(2)(A)''
and inserting ``section 203(a)'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3); and
(D) in paragraph (3), as redesignated, by striking ``(1)
through (3)'' and inserting ``(1) and (2)''.
(b) Family-Based Visa Preferences.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended
to read as follows:
``(a) Spouses and Minor Children of Permanent Resident
Aliens.--Family-sponsored immigrants described in this
subsection are qualified immigrants who are the spouse or a
child of an alien lawfully admitted for permanent residence
and shall be allocated visas in accordance with the number
computed under section 201(c).''.
(c) Aging Out.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended--
(1) by striking ``(a)(2)(A)'' each place such term appears
and inserting ``(a)(2)'';
(2) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to paragraph (2), for purposes
of subsections (a)(2) and (d), a determination of whether an
alien satisfies the age requirement in the matter preceding
subparagraph (A) of section 101(b)(1) shall be made using the
age of the alien on the date on which a petition is filed
with the Secretary of Homeland Security.'';
(3) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Limitation.--Notwithstanding the age of an alien on
the date on which a petition is filed, an alien who marries
or attains 25 years of age before being issued a visa
pursuant to subsection (a)(2) or (d), no longer satisfies the
age requirement described in paragraph (1).''; and
(5) in paragraph (5), as redesignated, by striking ``(3)''
and inserting ``(4)''.
(d) Conforming Amendments.--
(1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V))
is amended by striking ``section 203(a)(2)(A)'' each place
such term appears and inserting ``section 203(a)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of such Act (8 U.S.C. 1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) 75 percent of family-sponsored immigrants not subject
to per country limitation.--Of the visa numbers made
available under section 203(a) in any fiscal year, 75 percent
shall be issued without regard to the numerical limitation
under paragraph (2).
``(B) Treatment of remaining 25 percent for countries
subject to subsection (e).--
``(i) In general.--Of the visa numbers made available under
section 203(a) in any fiscal year, 25 percent shall be
available, in the case of a foreign state or dependent area
that is subject to subsection (e) only to the extent that the
total number of visas issued in accordance with subparagraph
(A) to natives of the foreign state or dependent area is less
than the subsection (e) ceiling.
``(ii) Subsection (e) ceiling defined.--In clause (i), the
term `subsection (e) ceiling' means, for a foreign state or
dependent area, 77 percent of the maximum number of visas
that may be made available under section 203(a) to immigrants
who are natives of the state or area, consistent with
subsection (e).''; and
(ii) by striking subparagraphs (C) and (D); and
(B) in subsection (e)--
(i) in paragraph (1), by adding ``and'' at the end;
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (3) as paragraph (2); and
(iv) in the undesignated matter after paragraph (2), as
redesignated, by striking ``, respectively,'' and all that
follows and inserting a period.
(3) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking ``to classification
by reason of a relationship described in paragraph (1), (3),
or (4) of section 203(a) or'';
(ii) in subparagraph (B)--

(I) in clause (i), by redesignating the second subclause
(I) as subclause (II); and
(II) by striking ``203(a)(2)(A)'' each place such terms
appear and inserting ``203(a)''; and

(iii) in subparagraph (D)(i)(I), by striking ``a
petitioner'' and all that follows through ``section
204(a)(1)(B)(iii).'' and inserting ``an individual younger
than 21 years of age for purposes of adjudicating such
petition and for purposes of admission as an immediate
relative under section 201(b)(2)(A)(i) or a family-sponsored
immigrant under section 203(a), as appropriate,
notwithstanding the actual age of the individual.'';
(B) in subsection (f)(1), by striking ``, 203(a)(1), or
203(a)(3), as appropriate''; and
(C) by striking subsection (k).
(4) Waivers of inadmissibility.--Section 212 of such Act (8
U.S.C. 1182) is amended--

[[Page S1048]]

(A) in subsection (a)(6)(E)(ii), by striking ``section
203(a)(2)'' and inserting ``section 203(a)''; and
(B) in subsection (d)(11), by striking ``(other than
paragraph (4) thereof)''.
(5) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i)
of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by
striking ``section 203(a)(2)(A)'' each place such term
appears and inserting ``section 203(a)''.
(6) Definition of alien spouse.--Section 216(h)(1)(C) of
such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(7) Classes of deportable aliens.--Section 237(a)(1)(E)(ii)
of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by
striking ``section 203(a)(2)'' and inserting ``section
203(a)''.
(e) Creation of Nonimmigrant Classification for Alien
Parents of Adult United States Citizens.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the period at
the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``or'' at the
end;
(C) in subparagraph (V)(ii)(II), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) Subject to section 214(s), an alien who is a parent
of a citizen of the United States, if the citizen--
``(i) is at least 21 years of age; and
``(ii) has never received contingent nonimmigrant status
under title IV of the Securing America's Future Act of
2018.''.
(2) Conditions on admission.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be 5
years, but may be extended by the Secretary of Homeland
Security for additional 5-year periods if the United States
citizen son or daughter of the nonimmigrant is still residing
in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W)--
``(A) is not authorized to be employed in the United
States; and
``(B) is not eligible for any Federal, State, or local
public benefit.
``(3) Regardless of the resources of a nonimmigrant
described in section 101(a)(15)(W), the United States citizen
son or daughter who sponsored the nonimmigrant parent shall
be responsible for the nonimmigrant's support while the
nonimmigrant resides in the United States.
``(4) An alien is ineligible to receive a visa or to be
admitted into the United States as a nonimmigrant described
in section 101(a)(15)(W) unless the alien provides
satisfactory proof that the United States citizen son or
daughter has arranged for health insurance coverage for the
alien, at no cost to the alien, during the anticipated period
of the alien's residence in the United States.''.
(f) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on October 1, 2018.
(2) Invalidity of certain petitions and applications.--
(A) In general.--No person may file, and the Secretary of
Homeland Security and the Secretary of State may not accept,
adjudicate, or approve any petition under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) filed on or
after the date of enactment of this Act seeking
classification of an alien under section 201(b)(2)(A)(i) of
such Act (8 U.S.C. 1151(b)(2)(A)(i)) with respect to a parent
of a United States citizen, or under paragraph (1), (2)(B),
(3) or (4) of section 203(a) of such Act (8 U.S.C. 1153(a)).
Any application for adjustment of status or an immigrant visa
based on such a petition shall be invalid.
(B) Pending petitions.--Neither the Secretary of Homeland
Security nor the Secretary of State may adjudicate or approve
any petition under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) pending as of the date of
enactment of this Act seeking classification of an alien
under section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i))
with respect to a parent of a United States citizen, or under
paragraph (1), (2)(B), (3) or (4) of section 203(a) of such
Act (8 U.S.C. 1153(a)). Any application for adjustment of
status or an immigrant visa based on such a petition shall be
invalid.
(3) Applicability to waitlisted applicants.--
(A) In general.--Notwithstanding the amendments made by
this section, an alien with regard to whom a petition or
application for status under paragraph (1), (2)(B), (3) or
(4) of section 203(a) of the Immigration and Nationality Act
(8 U.S.C. 1153(a)), as in effect on September 30, 2018, was
approved prior to the date of the enactment of this Act, may
be issued a visa pursuant to that paragraph in accordance
with the availability of visas under subparagraph (B).
(B) Availability of visas.--Visas may be issued to
beneficiaries of approved petitions under each category
described in subparagraph (A), but only until such time as
the number of visas that would have been allocated to that
category in fiscal year 2019, notwithstanding the amendments
made by this section, have been issued. When the number of
visas described in the previous sentence have been issued for
each category described in subparagraph (A), no additional
visas may be issued for that category.

SEC. 1102. ELIMINATION OF DIVERSITY VISA PROGRAM.

(a) In General.--Section 203 of the Immigration and
Nationality Act (8 U.S.C. 1153) is amended by striking
subsection (c).
(b) Technical and Conforming Amendments.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 101(a)(15)(V), by striking ``section
203(d)'' and inserting ``section 203(c)'';
(B) in section 201--
(i) in subsection (a)--

(I) in paragraph (1), by adding ``and'' at the end; and
(II) by striking paragraph (3); and

(ii) by striking subsection (e);
(C) in section 203--
(i) in subsection (b)(2)(B)(ii)(IV), by striking ``section
203(b)(2)(B)'' each place such term appears and inserting
``clause (i)'';
(ii) by redesignating subsections (d), (e), (f), (g), and
(h) as subsections (c), (d), (e), (f), and (g), respectively;
(iii) in subsection (c), as redesignated, by striking
``subsection (a), (b), or (c)'' and inserting ``subsection
(a) or (b)'';
(iv) in subsection (d), as redesignated--

(I) by striking paragraph (2); and
(II) by redesignating paragraph (3) as paragraph (2);

(v) in subsection (e), as redesignated, by striking
``subsection (a), (b), or (c) of this section'' and inserting
``subsection (a) or (b)'';
(vi) in subsection (f), as redesignated, by striking
``subsections (a), (b), and (c)'' and inserting ``subsections
(a) and (b)''; and
(vii) in subsection (g), as redesignated--

(I) by striking ``(d)'' each place such term appears and
inserting ``(c)''; and
(II) in paragraph (2)(B), by striking ``subsection (a),
(b), or (c)'' and inserting ``subsection (a) or (b)'';

(D) in section 204--
(i) in subsection (a)(1), by striking subparagraph (I);
(ii) in subsection (e), by striking ``subsection (a), (b),
or (c) of section 203'' and inserting ``subsection (a) or (b)
of section 203''; and
(iii) in subsection (l)(2)--

(I) in subparagraph (B), by striking ``section 203 (a) or
(d)'' and inserting ``subsection (a) or (c) of section 203'';
and
(II) in subparagraph (C), by striking ``section 203(d)''
and inserting ``section 203(c)'';

(E) in section 214(q)(1)(B)(i), by striking ``section
203(d)'' and inserting ``section 203(c)'';
(F) in section 216(h)(1), in the undesignated matter
following subparagraph (C), by striking ``section 203(d)''
and inserting ``section 203(c)''; and
(G) in section 245(i)(1)(B), by striking ``section 203(d)''
and inserting ``section 203(c)''.
(2) Immigrant investor pilot program.--Section 610(d) of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993
(Public Law 102-395) is amended by striking ``section 203(e)
of such Act (8 U.S.C. 1153(e))'' and inserting ``section
203(d) of such Act (8 U.S.C. 1153(d))''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
beginning on or after the date of the enactment of this Act.

SEC. 1103. EMPLOYMENT-BASED IMMIGRATION PRIORITIES.

(a) Increase in Visas for Skilled Workers.--The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 201(d)(1)(A), by striking ``140,000'' and
inserting ``195,000''; and
(2) in section 203(b)--
(A) in paragraph (1), by striking ``28.6 percent of such
worldwide level'' and inserting ``58,374'';
(B) in paragraphs (2) and (3), by striking ``28.6 percent
of such worldwide level'' each place it appears and inserting
``58,373''; and
(C) by striking ``7.1 percent of such worldwide level''
each place it appears and inserting ``9,940''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2019 and shall apply to visas
made available in fiscal year 2019 and subsequent fiscal
years.

SEC. 1104. WAIVER OF RIGHTS BY B VISA NONIMMIGRANTS.

Section 101(a)(15)(B) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(B)) is amended by inserting ``, and
who has waived any right to review or appeal of an
immigration officer's determination as to the admissibility
of the alien at the port of entry into the United States, or
to contest, other than on the basis of an application for
asylum, any action for removal of the alien'' before the
semicolon at the end.

Subtitle B--Visa Security

SEC. 1201. CANCELLATION OF ADDITIONAL VISAS.

(a) In General.--Section 222(g) of the Immigration and
Nationality Act (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by inserting ``and any other nonimmigrant visa issued
by the United States that is in the possession of the alien''
after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office
located in the

[[Page S1049]]

country of the alien's nationality'' and inserting ``(other
than a visa described in paragraph (1)) issued in a consular
office located in the country of the alien's nationality or
foreign residence''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to any visa issued before, on, or after such
date.

SEC. 1202. VISA INFORMATION SHARING.

(a) In General.--Section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)(2)) is amended--
(1) by striking ``issuance or refusal'' and inserting
``issuance, refusal, or revocation'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``and on the basis of reciprocity'' and all
that follows and inserting the following ``may provide to a
foreign government information in a Department of State
computerized visa database and, when necessary and
appropriate, other records covered by this section related to
information in such database--'';
(3) in paragraph (2)(A)--
(A) by inserting at the beginning ``on the basis of
reciprocity,'';
(B) by inserting ``(i)'' after ``for the purpose of''; and
(C) by striking ``illicit weapons; or'' and inserting
``illicit weapons, or (ii) determining a person's
deportability or eligibility for a visa, admission, or other
immigration benefit;'';
(4) in paragraph (2)(B)--
(A) by inserting at the beginning ``on the basis of
reciprocity,'';
(B) by striking ``in the database'' and inserting ``such
database'';
(C) by striking ``for the purposes'' and inserting ``for
one of the purposes''; and
(D) by striking ``or to deny visas to persons who would be
inadmissible to the United States.'' and inserting ``; or'';
and
(5) in paragraph (2), by adding at the end the following:
``(C) with regard to any or all aliens in the database
specified data elements from each record, if the Secretary of
State determines that it is in the national interest to
provide such information to a foreign government.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect 60 days after the date of the enactment of
this Act.

SEC. 1203. RESTRICTING WAIVER OF VISA INTERVIEWS.

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

SEC. 1204. AUTHORIZING THE DEPARTMENT OF STATE TO NOT
INTERVIEW CERTAIN INELIGIBLE VISA APPLICANTS.

(a) In General.--Section 222(h)(1) of the Immigration and
Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting
``the alien is determined by the Secretary of State to be
ineligible for a visa based upon review of the application
or'' after ``unless''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall issue
guidance to consular officers on the standards and processes
for implementing the authority to deny visa applications
without interview in cases where the alien is determined by
the Secretary of State to be ineligible for a visa based upon
review of the application.
(c) Reports.--Not less frequently than quarterly, the
Secretary of State shall submit a report to Congress
regarding the denial of visa applications without interview,
including--
(1) the number of such denials; and
(2) a post-by-post breakdown of such denials.

SEC. 1205. VISA REFUSAL AND REVOCATION.

(a) Authority of the Secretary of Homeland Security and the
Secretary of State.--
(1) In general.--Section 428 of the Homeland Security Act
of 2002 (6 U.S.C. 236) is amended by striking subsections (b)
and (c) and inserting the following:
``(b) Authority of the Secretary of Homeland Security.--
``(1) In general.--Notwithstanding section 104(a) of the
Immigration and Nationality Act (8 U.S.C. 1104(a)) or any
other provision of law, and except as provided in subsection
(c) and except for the authority of the Secretary of State
under subparagraphs (A) and (G) of section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the
Secretary--
``(A) shall have exclusive authority to issue regulations,
establish policy, and administer and enforce the provisions
of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) and all other immigration or nationality laws relating
to the functions of consular officers of the United States in
connection with the granting and refusal of a visa; and
``(B) may refuse or revoke any visa to any alien or class
of aliens if the Secretary, or designee, determines that such
refusal or revocation is necessary or advisable in the
security or foreign policy interests of the United States.
``(2) Effect of revocation.--The revocation of any visa
under paragraph (1)(B)--
``(A) shall take effect immediately; and
``(B) shall automatically cancel any other valid visa that
is in the alien's possession.
``(3) Judicial review.--Notwithstanding any other provision
of law, including section 2241 of title 28, United States
Code, or any other habeas corpus provision, and sections 1361
and 1651 of such title, no court shall have jurisdiction to
review a decision by the Secretary of Homeland Security to
refuse or revoke a visa, and no court shall have jurisdiction
to hear any claim arising from, or any challenge to, such a
refusal or revocation.
``(c) Authority of the Secretary of State.--
``(1) In general.--The Secretary of State may direct a
consular officer to refuse a visa requested by an alien if
the Secretary of State determines such refusal to be
necessary or advisable in the security or foreign policy
interests of the United States.
``(2) Limitation.--No decision by the Secretary of State to
approve a visa may override a decision by the Secretary of
Homeland Security under subsection (b).''.
(2) Authority of the secretary of state.--Section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)) is
amended by striking ``subsection, except in the context of a
removal proceeding if such revocation provides the sole
ground for removal under section 237(a)(1)(B).'' and
inserting ``subsection.''.
(3) Conforming amendment.--Section 237(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is
amended by striking ``under section 221(i)''.
(4) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act
and shall apply to visa refusals and revocations occurring
before, on, or after such date.
(b) Technical Corrections to the Homeland Security Act.--
Section 428(a) of the Homeland Security Act of 2002 (6 U.S.C.
236(a)) is amended--
(1) by striking ``subsection'' and inserting ``section'';
and
(2) by striking ``consular office'' and inserting
``consular officer''.

SEC. 1206. PETITION AND APPLICATION PROCESSING FOR VISAS AND
IMMIGRATION BENEFITS.

(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 211 the following:

``SEC. 211A. PETITION AND APPLICATION PROCESSING.

``(a) Signature Requirement.--
``(1) In general.--No petition or application filed with
the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an
alien to the United States as an immigrant or as a
nonimmigrant may be approved unless the petition or
application is signed by each party required to sign such
petition or application.
``(2) Applications for immigrant visas.--Except as may be
otherwise prescribed by regulations, each application for an
immigrant visa shall be signed by the applicant in the
presence of the consular officer, and verified by the oath of
the applicant administered by the consular officer.
``(b) Completion Requirement.--No petition or application
filed with the Secretary of Homeland Security or with a
consular officer relating to the issuance of a visa or to the
admission of an alien to the United States as an immigrant or
as a nonimmigrant may be approved unless each applicable
portion of the petition or application has been completed.
``(c) Translation Requirement.--No document submitted in
support of a petition or application for a nonimmigrant or
immigrant visa may be accepted by a consular officer if such
document contains information in a foreign language, unless
such document is accompanied by a full English translation,
which the translator has certified as complete and accurate,
and by the translator's certification that he or she is
competent to translate from the foreign language into
English.
``(d) Requests for Additional Information.--If the
Secretary of Homeland Security or a consular officer requests
any additional information relating to a petition or
application filed with the Secretary or consular officer
relating to the issuance of a visa or to the admission of an
alien to the United States as an immigrant or as a
nonimmigrant, such petition or application may not be
approved unless all of the additional information requested--
``(1) is provided on or before any reasonably established
deadline included in the request; or

[[Page S1050]]

``(2) is shown to have been previously provided, in
complete form.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 211
the following:

``Sec. 211A. Petition and application processing.''.
(c) Application.--The amendments made by this section shall
apply with respect to applications and petitions filed after
the date of the enactment of this Act.

SEC. 1207. FRAUD PREVENTION.

(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit a plan to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives for the use of advanced
analytics software to ensure the proactive detection of fraud
in immigration benefits applications and petitions and to
ensure that any such applicant or petitioner does not pose a
threat to national security.
(2) Implementation of plan.--Not later than 1 year after
the date of the submission of the plan under paragraph (1),
the Secretary of Homeland Security shall begin implementing
the plan.
(b) Benefits Fraud Assessment.--
(1) In general.--Not later than September 30, 2021, the
Secretary of Homeland Security, acting through the Fraud
Detection and Nationality Security Directorate, shall
complete a benefit fraud assessment on--
(A) petitions by VAWA self-petitioners (as defined in
section 101(a)(51) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(51));
(B) applications or petitions for visas or status under
section 101(a)(15)(K) of such Act or under section 201(b)(2)
of such Act (8 U.S.C. 1151(b)(2), in the case of spouses;
(C) applications for visas or status under section
101(a)(27)(J) of such Act;
(D) applications for visas or status under section
101(a)(15)(U) of such Act;
(E) petitions for visas or status under section
101(a)(27)(C) of such Act;
(F) applications for asylum under section 208 of such Act
(8 U.S.C. 1158);
(G) applications for adjustment of status under section 209
of such Act (8 U.S.C. 1159); and
(H) petitions for visas or status under section 201(b) of
such Act (8 U.S.C. 1151(b)).
(2) Reporting on findings.--Not later than 30 days after
the completion of each benefit fraud assessment under
paragraph (1), the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives that includes--
(A) the results of such assessment; and
(B) recommendations for reducing instances of fraud
identified by the assessment.

SEC. 1208. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF
DRUG TRAFFICKERS.

Section 202(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)) is amended--
(1) in subparagraph (C)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''; and
(2) in subparagraph (H)(ii), by striking ``is the spouse,
son, or daughter'' and inserting ``is or has been the spouse,
son, or daughter''.

SEC. 1209. DNA TESTING.

Section 222(b) of the Immigration and Nationality Act (8
U.S.C. 1202(b)) is amended by inserting ``If the consular
officer or immigration official considers that DNA evidence
is necessary to establish a family relationship, the
immigrant shall provide DNA evidence of such a relationship
in accordance with procedures established for submitting such
evidence. The Secretary of Homeland Security, in consultation
with the Secretary of State, may issue regulations to require
DNA evidence from applicants for certain visa classifications
to establish family relationships.'' after ``by the consular
officer.''.

SEC. 1210. ACCESS TO NCIC CRIMINAL HISTORY DATABASE FOR
DIPLOMATIC VISAS.

Subsection (a) of article V of section 217 of the National
Criminal History Access and Child Protection Act (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. 1211. ELIMINATION OF SIGNED PHOTOGRAPH REQUIREMENT FOR
VISA APPLICATIONS.

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

SEC. 1212. ADDITIONAL FRAUD DETECTION AND PREVENTION.

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

TITLE II--INTERIOR IMMIGRATION ENFORCEMENT

Subtitle A--New Illegal Deduction Eliminations

SEC. 2101. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED
ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME.

(a) In General.--Subsection (c) of section 162 of the
Internal Revenue Code of 1986 (relating to illegal bribes,
kickbacks, and other payments) is amended by adding at the
end the following new paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed under
subsection (a) for any wage paid to or on behalf of an
unauthorized alien, as defined under section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph, the term
`wages' means all remuneration for employment, including the
cash value of all remuneration (including benefits) paid in
any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating in the E-Verify Program described in section
403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains
confirmation of identity and employment eligibility in
compliance with the terms and conditions of the program with
respect to the hiring (or recruitment or referral) of an
employee, subparagraph (A) shall not apply with respect to
wages paid to such employee.
``(D) Burden of proof.--In the case of any examination of a
return in connection with a deduction under this section by
reason of this paragraph, the Secretary shall bear the burden
of proving that wages were paid to or on behalf of an
unauthorized alien.
``(E) Limitation on taxpayer audit.--The Secretary may not
commence an audit or other investigation of a taxpayer solely
on the basis of a deduction taken under this section by
reason of this paragraph.''.
(b) Six-Year Limitation on Assessment and Collection.--
Subsection (c) of section 6501 of the Internal Revenue Code
of 1986 (relating to exceptions) is amended by adding at the
end the following new paragraph:
``(12) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction
is shown in violation of section 162(c)(4), any tax under
chapter 1 may be assessed, or a proceeding in court for the
collection of such tax may be begun without assessment, at
any time within 6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section
274A of the Immigration and Nationality Act (8 U.S.C. 1324a)
is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after
``or enforcement of''.
(d) Availability of Information.--
(1) In general.--The Commissioner of Social Security, the
Secretary of the Department of Homeland Security, and the
Secretary of the Treasury, shall jointly establish a program
to share information among such agencies that may or could
lead to the identification of unauthorized aliens (as defined
under section 274A(h)(3) of the Immigration and Nationality
Act), including any no-match letter, any information in the
earnings suspense file, and any information in the
investigation and enforcement of section 162(c)(4) of the
Internal Revenue Code of 1986.
(2) Disclosure by secretary of the treasury.--
(A) In general.--Subsection (i) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(9) Payment of wages to unauthorized aliens.--Upon
request from the Commissioner of the Social Security
Administration or the Secretary of the Department of Homeland
Security, the Secretary shall disclose to officers and
employees of such Administration or Department--
``(A) taxpayer identity information of employers who paid
wages with respect to which a deduction was not allowed by
reason of section 162(c)(4), and
``(B) taxpayer identity information of individuals to whom
such wages were paid,
for purposes of carrying out any enforcement activities of
such Administration or Department with respect to such
employers or individuals.''.
(B) Recordkeeping.--Paragraph (4) of section 6103(p) of
such Code is amended--
(i) by striking ``(5), or (7)'' in the matter preceding
subparagraph (A) and inserting ``(5), (7), or (9)'', and
(ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and
inserting ``(5), (7), or (9)''.
(e) Effective Date.--
(1) Except as provided in paragraph (2), this Act and the
amendments made by this Act shall take effect on the date of
the enactment of this Act.

[[Page S1051]]

(2) The amendments made by subsections (a) and (b) shall
apply to taxable years beginning after December 31, 2017.

SEC. 2102. MODIFICATION OF E-VERIFY PROGRAM.

(a) Making Permanent.--Subsection (b) of section 401 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note) is amended by striking the last
sentence.
(b) Application to Current Employees.--
(1) Voluntary election.--The first sentence of section
402(a) of such Act is amended to read as follows: ``Any
person or other entity that conducts any hiring (or
recruitment or referral) in a State or employs any
individuals in a State may elect to participate in the E-
Verify Program.''.
(2) Benefit of rebuttable presumption.--Paragraph (1) of
section 402(b) of such Act is amended by adding at the end
the following: ``If a person or other entity is participating
in the E-Verify Program and obtains confirmation of identity
and employment eligibility in compliance with the terms and
conditions of the program with respect to individuals
employed by the person or entity, the person or entity has
established a rebuttable presumption that the person or
entity has not violated section 274A(a)(2) with respect to
such individuals.''.
(3) Scope of election.--Subparagraph (A) of section
402(c)(2) of such Act is amended to read as follows:
``(A) In general.--Any electing person or other entity may
provide that the election under subsection (a) shall apply
(during the period in which the election is in effect)--
``(i) to all its hiring (and all recruitment or referral);
``(ii) to all its hiring (and all recruitment or referral
and all individuals employed by the person or entity);
``(iii) to all its hiring (and all recruitment or referral)
in one or more States or one or more places of hiring (or
recruitment or referral, as the case may be); or
``(iv) to all its hiring (and all recruitment or referral
and all individuals employed by the person or entity) in one
or more States or one or more place of hiring (or recruitment
or referral or employment, as the case may be).''.
(4) Procedures for participants in e-verify program.--
Subsection (a) of section 403 of such Act is amended--
(A) in the matter preceding paragraph (1), by inserting
``or continued employment in the United States'' after
``United States''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking all that follows ``(as
specified by the Secretary of Homeland Security)'' and
inserting ``after the date of the hiring, or recruitment or
referral, in the case of inquiries made pursuant to a hiring,
recruitment or referral (and not of previously hired
individuals).''; and
(ii) in subparagraph (B), by striking ``such 3 working
days'' and inserting ``the specified period''.
(c) Application to Job Applicants.--Section 402(c)(2) of
such Act is amended by adding at the end the following:
``(C) Job offer may be made conditional on final
confirmation by e-verify.--A person or other entity that
elects to participate in the E-Verify Program may offer a
prospective employee an employment position conditioned on
final verification of the identity and employment eligibility
of the employee using the employment eligibility confirmation
system established under section 404.''.

Subtitle B--Sanctuary Cities and State and Local Law Enforcement
Cooperation

SEC. 2201. SHORT TITLE.

This subtitle may be cited as the ``No Sanctuary for
Criminals Act''.

SEC. 2202. STATE NONCOMPLIANCE WITH ENFORCEMENT OF
IMMIGRATION LAW.

(a) In General.--Section 642 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1373) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--Notwithstanding any other provision of
Federal, State, or local law, no Federal, State, or local
government entity, and no individual, may prohibit or in any
way restrict, a Federal, State, or local government entity,
official, or other personnel from complying with the
immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or
from assisting or cooperating with Federal law enforcement
entities, officials, or other personnel regarding the
enforcement of these laws.
``(b) Law Enforcement Activities.--Notwithstanding any
other provision of Federal, State, or local law, no Federal,
State, or local government entity, and no individual, may
prohibit, or in any way restrict, a Federal, State, or local
government entity, official, or other personnel from
undertaking any of the following law enforcement activities
relating to information regarding the citizenship or
immigration status, the inadmissibility, the deportability,
or the custody status, of any individual:
``(1) Making inquiries to any individual in order to obtain
such information regarding such individual or any other
individuals.
``(2) Notifying the Federal Government regarding the
presence of individuals who are encountered by law
enforcement officials or other personnel of a State or
political subdivision of a State.
``(3) Complying with requests for such information from
Federal law enforcement entities, officials, or other
personnel.'';
(2) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of
Homeland Security''; and
(3) by adding at the end the following:
``(d) Compliance.--
``(1) Eligibility for certain grant programs.--A State, or
a political subdivision of a State, that is not in compliance
with subsection (a) or (b) is not eligible to receive--
``(A) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)), the
`Cops on the Beat' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381 et seq.), or the Edward Byrne Memorial Justice
Assistance Grant Program under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.); or
``(B) any other grant administered by the Department of
Justice that is substantially related to law enforcement
(including enforcement of the immigration laws), immigration,
enforcement of the immigration laws, or naturalization or
administered by the Department of Homeland Security that is
substantially related to immigration, the enforcement of the
immigration laws, or naturalization.
``(2) Transfer of custody of aliens pending removal
proceedings.--The Secretary, at the Secretary's discretion,
may decline to transfer an alien in the custody of the
Department of Homeland Security to a State or political
subdivision of a State that is not in compliance with
subsection (a) or (b), regardless of whether the State or
political subdivision of the State has issued a writ or
warrant.
``(3) Transfer of custody of certain aliens prohibited.--
The Secretary may not transfer an alien with a final order of
removal pursuant to paragraph (1)(A) or (5) of section 241(a)
of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to
a State or a political subdivision of a State that is not in
compliance with subsection (a) or (b).
``(4) Annual determination.--The Secretary shall--
``(A) determine, for each calendar year, which States or
political subdivisions of a State are not in compliance with
subsection (a) or (b); and
``(B) report such determinations to Congress not later than
March 1 of the succeeding calendar year.
``(5) Noncompliance reports.--
``(A) In general.--The Secretary of Homeland Security shall
issue a report concerning the compliance with subsections (a)
and (b) of any particular State or political subdivision of a
State at the request of the Committee on the Judiciary of the
Senate or the Committee on the Judiciary of the House of
Representatives.
``(B) Term of ineligibility.--Any jurisdiction that is not
in compliance with subsection (a) or (b) shall be ineligible
to receive the Federal financial assistance described in
paragraph (1) for at least 1 year.
``(C) Certification.--Any jurisdiction subject to paragraph
(1) is not eligible to receive the Federal financial
assistance described in such paragraph until after the
Secretary of Homeland Security certifies that the
jurisdiction has come into compliance with subsections (a)
and (b).
``(6) Reallocation.--Any funds that are not allocated to a
State or to a political subdivision of a State due to the
failure of the State or of the political subdivision of the
State to comply with subsection (a) or (b) shall be
reallocated to States or to political subdivisions of States
that comply with both such subsections.
``(e) Construction.--Nothing in this section may be
construed to require law enforcement officials from States,
or from political subdivisions of States, to report or arrest
victims or witnesses of a criminal offense.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that section 642(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, as added by
subsection (a)(3), shall only apply to prohibited acts
committed on or after such date of enactment.

SEC. 2203. CLARIFYING THE AUTHORITY OF U.S. IMMIGRATION AND
CUSTOMS ENFORCEMENT DETAINERS.

(a) In General.--Section 287(d) of the Immigration and
Nationality Act (8 U.S.C. 1357(d)) is amended to read as
follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--If an individual is arrested by any
Federal, State, or local law enforcement official or other
personnel for the alleged violation of any criminal or motor
vehicle law, the Secretary may issue a detainer regarding the
individual to any Federal, State, or local law enforcement
entity, official, or other personnel if the Secretary has
probable cause to believe that the individual is an
inadmissible or deportable alien.
``(2) Probable cause.--Probable cause is established under
paragraph (1) if--
``(A) the individual who is the subject of the detainer--
``(i) matches, pursuant to biometric confirmation or other
Federal database records, the identity of an alien who the
Secretary has reasonable grounds to believe to be
inadmissible or deportable;
``(ii) is the subject of ongoing removal proceedings,
including matters where a charging document has already been
served;

[[Page S1052]]

``(iii) has previously been ordered removed from the United
States and such an order is administratively final; or
``(iv) has made voluntary statements or provided reliable
evidence that indicate that they are an inadmissible or
deportable alien; or
``(B) the Secretary has reasonable grounds to believe that
the individual who is the subject of the detainer is an
inadmissible or deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom
a detainer is issued complies with the detainer and detains
for purposes of transfer of custody to the Department of
Homeland Security the individual who is the subject of the
detainer, the Department may take custody of the individual
within 48 hours (excluding weekends and holidays), but in no
instance more than 96 hours, following the date that the
individual is otherwise to be released from the custody of
the relevant Federal, State, or local law enforcement
entity.''.
(b) Immunity.--
(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section who
temporarily holds an alien in its custody pursuant to the
terms of a detainer so that the alien may be taken into the
custody of the Department of Homeland Security, shall be
considered to be acting under color of Federal authority for
purposes of determining their liability and shall be held
harmless for their compliance with the detainer in any suit
seeking any punitive, compensatory, or other monetary
damages.
(2) Federal government as defendant.--In any civil action
arising out of the compliance with a Department of Homeland
Security detainer by a State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, the United States Government shall be the proper
party named as the defendant in the suit in regard to the
detention resulting from compliance with the detainer.
(3) Bad faith exception.--Paragraphs (1) and (2) shall not
apply to any mistreatment of an individual by a State or a
political subdivision of a State (and the officials and
personnel of the State or subdivision acting in their
official capacities), or a nongovernmental entity (and its
personnel) contracted by the State or political subdivision
for the purpose of providing detention.
(c) Private Right of Action.--
(1) Cause of action.--Any individual, or a spouse, parent,
or child of that individual (if the individual is deceased),
who is the victim of a murder, rape, or any felony, as
defined by the State, for which an alien (as defined in
section 101(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(3))) has been convicted and sentenced to a
term of imprisonment of at least 1 year, may bring an action
against a State, a political subdivision of a State, or a
public official, acting in an official capacity, in the
appropriate Federal court if the State or political
subdivision, except as provided in paragraph (3)--
(A) released the alien from custody prior to the commission
of such crime as a consequence of the State or political
subdivision's declining to honor a detainer issued pursuant
to section 287(d)(1) of the Immigration and Nationality Act
(8 U.S.C. 1357(d)(1));
(B) has in effect a statute, policy, or practice not in
compliance with section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) as
amended, and as a consequence of its statute, policy, or
practice, released the alien from custody before the
commission of such crime; or
(C) has in effect a statute, policy, or practice requiring
a subordinate political subdivision to decline to honor any
or all detainers issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), and,
as a consequence of its statute, policy or practice, the
subordinate political subdivision declined to honor a
detainer issued pursuant to such section, and as a
consequence released the alien from custody before the
commission of such crime.
(2) Limitations on bringing action.--An action may not be
brought under this subsection later than 10 years after the
occurrence of the crime, or the death of a person as a result
of such crime, whichever occurs later.
(3) Proper defendant.--If a State or a political
subdivision of a State has in effect a statute or other legal
requirement prohibiting political entities within its
jurisdiction from honoring a detainer issued pursuant to
section 287(d)(1) of the Immigration and Nationality Act (8
U.S.C. 1357(d)(1)) or from fully complying with section 642
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) and a political
entity declines to honor such a detainer against an alien
described in paragraph (1) based on such statute or legal
requirement and releases such alien before the alien commits
a crime referred to in such paragraph--
(A) the State or political subdivision that enacted such
statute or legal requirement shall be deemed to be the proper
defendant in a cause of action under paragraph (1); and
(B) no such cause of action may be maintained against the
political entity that declined to honor the detainer.
(4) Attorney's fee and other costs.--In any action or
proceeding under this subsection, the court shall allow a
prevailing plaintiff a reasonable attorneys' fee as part of
the costs, including expert fees.
(d) Eligibility for Certain Grant Programs.--
(1) In general.--Except as provided in paragraph (2), a
State or political subdivision of a State that has in effect
a statute, policy, or practice that prohibits it from
complying with any or all Department of Homeland Security
detainers issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)) shall not
be eligible to receive--
(A) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)), the
``Cops on the Beat'' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10301 et seq.), or the Edward Byrne Memorial Justice
Assistance Grant Program under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.); or
(B) any other grant administered by the Department of
Justice that is substantially related to law enforcement
(including enforcement of the immigration laws), immigration,
or naturalization or grant administered by the Department of
Homeland Security that is substantially related to
immigration, enforcement of the immigration laws, or
naturalization.
(2) Exception.--A political entity described in subsection
(c)(3) that declines to honor a detainer issued pursuant to
section 287(d)(1) of the Immigration and Nationality Act (8
U.S.C. 1357(d)(1)) as a consequence of being required to
comply with a statute or other legal requirement of a State
or another political subdivision with jurisdiction over that
political subdivision, shall remain eligible to receive grant
funds described in paragraph (1), but the State or political
subdivision that enacted such statute or other legal
requirement shall not be eligible to receive such funds.

SEC. 2204. SARAH AND GRANT'S LAW.

(a) Detention of Aliens During Removal Proceedings.--
(1) Clerical amendments.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226) is amended--
(A) by striking ``Attorney General'' each place it appears
(except in the second place that term appears in subsection
(a)) and inserting ``Secretary of Homeland Security''; and
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General''; and
(ii) in paragraph (2), by amending subparagraph (B) to read
as follows:
``(B) recognizance; and'';
(C) in subsection (b), by striking ``parole'' and inserting
``recognizance''; and
(D) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''.
(2) Detention of criminal aliens.--Section 236(c)(1) of
such Act (8 U.S.C. 1226(c)(1)) is amended--
(A) in subparagraph (A), by striking the comma at the end
and inserting a semicolon;
(B) in subparagraph (B), by striking the comma at the end
and inserting a semicolon;
(C) subparagraph (C), by striking ``sentence to a term of
imprisonment of at least 1 year, or'' and inserting
``sentenced to a term of imprisonment of at least 1 year;'';
(D) in subparagraph (D), by striking the comma at the end
and inserting a semicolon;
(E) by inserting after subparagraph (D) the following:
``(E) is unlawfully present in the United States and has
been convicted for driving while intoxicated (including a
conviction for driving while under the influence or impaired
by alcohol or drugs) without regard to whether the conviction
is classified as a misdemeanor or felony under State law;
``(F)(i)(I) is inadmissible under section 212(a)(6)(i);
``(II) is deportable by reason of a visa revocation under
section 221(i); or
``(III) is deportable under section 237(a)(1)(C)(i); and
``(ii) has been arrested or charged with a particularly
serious crime or a crime resulting in the death or serious
bodily injury (as defined in section 1365(h)(3) of title 18,
United States Code) of another person; or''; and
(F) by striking the undesignated matter at the end and
inserting the following:
``any time after the alien is released, without regard to
whether an alien is released related to any activity,
offense, or conviction described in this paragraph whether
the alien is released on parole, supervised release, or
probation, or whether the alien may be arrested or imprisoned
again for the same offense, and, if the activity described in
this paragraph does not result in the alien being taken into
custody by any person other than the Secretary, the Secretary
shall take such alien into custody when the alien is brought
to the attention of the Secretary or when the Secretary
determines it is practical to take such alien into
custody.''.

[[Page S1053]]

(3) Length of detention; administrative review.--Section
236 of such Act (8 U.S.C. 1226) is amended by adding at the
end the following:
``(f) Length of Detention.--
``(1) In general.--Notwithstanding any other provision of
this section, an alien may be detained, and, if the alien is
described in subsection (c), shall be detained, under this
section without time limitation, except as provided in
subsection (h), during the pendency of removal proceedings.
``(2) Construction.--The length of detention under this
section shall not affect a detention under section 241.
``(g) Administrative Review.--The Attorney General's review
of the Secretary's custody determinations under subsection
(a) shall be limited to whether the alien may be detained,
released on bond (of at least $1,500 with security approved
by the Secretary), or released with no bond if the alien--
``(1) is in exclusion proceedings;
``(2) is described in section 212(a)(3) or 237(a)(4); or
``(3) is described in subsection (c).
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. Bond may not be granted unless the
alien establishes, by clear and convincing evidence, that the
alien is not a flight risk or a danger to another person or
to the community.
``(2) Certain aliens ineligible.--An alien detained under
subsection (c) may not seek release on bond.''.
(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 any alien in detention under section 236
of the Immigration and Nationality Act, as amended, or
otherwise subject to the provisions of such section, on or
after such date.

SEC. 2205. CLARIFICATION OF CONGRESSIONAL INTENT.

Section 287(g) of the Immigration and Nationality Act (8
U.S.C. 1357(g)) is amended--
(1) in paragraph (1) by striking ``may enter'' and all that
follows through the period at the end and inserting the
following: ``shall enter into a written agreement with a
State, or any political subdivision of a State, upon request
of the State or political subdivision, pursuant to which
officers or employees of the State or subdivision, who are
determined by the Secretary to be qualified to perform a
function of an immigration officer in relation to the
investigation, apprehension, or detention of aliens in the
United States (including the transportation of such aliens
across State lines to detention centers), may carry out such
function at the expense of the State or political subdivision
and to the extent consistent with State and local law. No
request from a bona fide State or political subdivision or
bona fide law enforcement agency shall be denied absent a
compelling reason. No limit on the number of agreements under
this subsection may be imposed. The Secretary shall process
requests for such agreements with all due haste, and in no
case shall take not more than 90 days from the date the
request is made until the agreement is consummated.'';
(2) by redesignating paragraph (2) as paragraph (5);
(3) by redesignating paragraphs (3) through (10) as
paragraphs (7) through (14), respectively;
(4) by inserting after paragraph (1) the following:
``(2) An agreement under this subsection shall accommodate
a requesting State or political subdivision with respect to
the enforcement model or combination of models, and shall
accommodate a patrol model, task force model, jail model, any
combination thereof, or any other reasonable model the State
or political subdivision believes is best suited to the
immigration enforcement needs of its jurisdiction.
``(3) No Federal program or technology directed broadly at
identifying inadmissible or deportable aliens shall
substitute for such agreements, including those establishing
a jail model, and shall operate in addition to any agreement
under this subsection.
``(4)(A) No agreement under this subsection shall be
terminated absent a compelling reason.
``(B)(i) The Secretary shall provide a State or political
subdivision written notice of intent to terminate at least
180 days prior to date of intended termination, and the
notice shall fully explain the grounds for termination, along
with providing evidence substantiating the Secretary's
allegations.
``(ii) The State or political subdivision shall have the
right to a hearing before an administrative law judge and, if
the ruling is against the State or political subdivision, to
appeal the ruling to the Federal Circuit Court of Appeals
and, if the ruling is against the State or political
subdivision, to petition the Supreme Court for certiorari.
``(C) The agreement shall remain in full effect during the
course of any and all legal proceedings.''; and
(5) by inserting after paragraph (5), as redesignated, the
following:
``(6) The Secretary of Homeland Security shall make
training of State and local law enforcement officers
available through as many means as possible, including
through residential training at the Center for Domestic
Preparedness and the Federal Law Enforcement Training Center,
onsite training held at State or local police agencies or
facilities, online training courses by computer,
teleconferencing, and videotape, or the digital video display
(DVD) of a training course or courses. Distance learning
through a secure, encrypted, distributed learning system that
has all its servers based in the United States, is scalable,
survivable, and can have a portal in place not later than 30
days after the date of the enactment of the Securing
America's Future Act of 2018, shall be made available by the
COPS Office of the Department of Justice and the Federal Law
Enforcement Training Center Distributed Learning Program for
State and local law enforcement personnel. Preference shall
be given to private sector-based, web-based immigration
enforcement training programs for which the Federal
Government has already provided support to develop.''.

SEC. 2206. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

(a) In General.--Section 275 of the Immigration and
Nationality Act (8 U.S.C. 1325) is amended to read as
follows:

``SEC. 275. ILLEGAL ENTRY OR PRESENCE.

``(a) In General.--
``(1) Illegal entry or presence.--An alien shall be subject
to the penalties set forth in paragraph (2) if the alien
knowingly--
``(A) enters or crosses the border into the United States
at any time or place other than as designated by the
Secretary of Homeland Security;
``(B) eludes, at any time or place, examination or
inspection by an authorized immigration, customs, or
agriculture officer (including by failing to stop at the
command of such officer);
``(C) enters or crosses the border to the United States
and, upon examination or inspection, knowingly makes a false
or misleading representation or the knowing concealment of a
material fact (including such representation or concealment
in the context of arrival, reporting, entry, or clearance
requirements of the customs laws, immigration laws,
agriculture laws, or shipping laws);
``(D) violates the terms or conditions of the alien's
admission or parole into the United States and has remained
in violation for an aggregate period of 90 days or more; or
``(E) is unlawfully present in the United States (as
defined in section 212(a)(9)(B)) and has remained in
violation for an aggregate period of 90 days or more.
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 6 months, or
both;
``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 2 years (or not more
than 6 months in the case of a second or subsequent violation
of paragraph (1)(E)), or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors or for a felony, shall be
fined under such title, imprisoned not more than 10 years, or
both;
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 30 months, shall be fined under
such title, imprisoned not more than 15 years, or both; and
``(E) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 60 months, such alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are
elements of the offenses described and the penalties in such
subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration, customs, or agriculture
officer, or until the alien is granted a valid visa or relief
from removal.
``(5) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as
for a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--Any alien
who is apprehended while entering, attempting to enter, or
knowingly crossing or attempting to cross the border to the
United States at a time or place other than as designated by
immigration officers shall be subject to a civil penalty, in
addition to any criminal or other civil penalties that may be
imposed under any other provision of law, in an amount equal
to--
``(1) not less than $50 or more than $250 for each such
entry, crossing, attempted entry, or attempted crossing; or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under
this subsection.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 note) is
amended by striking the item relating to section 275 and
inserting the following:

``Sec. 275. Illegal entry or presence.''.
(c) Effective Dates and Applicability.--
(1) Criminal penalties.--Section 275(a) of the Immigration
and Nationality Act, as

[[Page S1054]]

amended by subsection (a), shall take effect on the date that
is 90 days after the date of the enactment of this Act, and
shall apply to acts, conditions, or violations described in
such section 275(a) that occur or exist on or after such
effective date.
(2) Civil penalties.--Section 275(b) of such Act, as
amended by subsection (a), shall take effect on the date of
the enactment of this Act and shall apply to acts described
in such section 275(b) that occur before, on, or after such
date.

Subtitle C--Criminal Aliens

SEC. 2301. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF
AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

(a) Inadmissibility on Criminal and Related Grounds;
Waivers.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended--
(1) in subsection (a)(2)--
(A) 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 a semicolon; and
(iii) by inserting after subclause (II) the following:

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

(B) by adding at the end the following:
``(J) Procurement of citizenship or naturalization
unlawfully.--Any alien convicted of, who admits having
committed, or who admits committing acts constituting the
essential elements of, a violation of, or an attempt or a
conspiracy to violate, subsection (a) or (b) of section 1425
of title 18, United States Code (relating to the procurement
of citizenship or naturalization unlawfully) is inadmissible.
``(K) Certain firearm offenses.--Any alien who at any time
has been convicted under any law of, or who admits having
committed or admits committing acts which constitute the
essential elements of, purchasing, selling, offering for
sale, exchanging, using, owning, possessing, or carrying, or
of attempting or conspiring to purchase, sell, offer for
sale, exchange, use, own, possess, or carry, any weapon,
part, or accessory which is a firearm or destructive device
(as defined in section 921(a) of title 18, United States
Code) in violation of any law is inadmissible.
``(L) Aggravated felons.--Any alien who has been convicted
of an aggravated felony at any time is inadmissible.
``(M) Crimes of domestic violence, stalking, or violation
of protection orders, crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--Any
alien who at any time is convicted of, or who admits
committing acts constituting the essential elements of, a
crime of domestic violence, a crime of stalking, or a crime
of child abuse, child neglect, or child abandonment is
inadmissible. In this clause, the term `crime of domestic
violence' means any crime of violence (as defined in section
16 of title 18, United States Code) against a person
committed by a current or former spouse of the person, by an
individual with whom the person shares a child in common, by
an individual who is cohabiting with or has cohabited with
the person as a spouse, by an individual similarly situated
to a spouse of the person under the domestic or family
violence laws of the jurisdiction where the offense occurs,
or by any other individual against a person who is protected
from that individual's acts under the domestic or family
violence laws of the United States or any State, Indian
tribal government, or unit of local or foreign government.
``(ii) Violators of protection orders.--Any alien who at
any time is enjoined under a protection order issued by a
court and whom the court determines has engaged in conduct
that violates the portion of a protection order that involves
protection against credible threats of violence, repeated
harassment, or bodily injury to the person or persons for
whom the protection order was issued is inadmissible. In this
clause, the term `protection order' means any injunction
issued for the purpose of preventing violent or threatening
acts of domestic violence, including temporary or final
orders issued by civil or criminal courts (other than support
or child custody orders or provisions) whether obtained by
filing an independent action or as a independent order in
another proceeding.
``(iii) Waiver authorized.--The waiver authority available
under section 237(a)(7) with respect to section
237(a)(2)(E)(i) shall be available on a comparable basis with
respect to this subparagraph.
``(iv) Clarification.--If the conviction records do not
conclusively establish whether a crime of domestic violence
constitutes a crime of violence (as defined in section 16 of
title 18, United States Code), the Attorney General may
consider other evidence related to the conviction that
establishes that the conduct for which the alien was engaged
constitutes a crime of violence.''; and
(2) in subsection (h)--
(A) by striking ``The Attorney General may, in his
discretion, waive the application of subparagraphs (A)(i)(I),
(B), (D), and (E) of subsection (a)(2)'' and inserting ``The
Attorney General or the Secretary of Homeland Security may,
in the discretion of the Attorney General or the Secretary,
waive the application of subparagraphs (A)(i)(I), (III), (B),
(D), (E), (K), and (M) of subsection (a)(2)'';
(B) by striking ``a criminal act involving torture.'' and
inserting ``a criminal act involving torture, or has been
convicted of an aggravated felony.'';
(C) by striking ``if either since the date of such
admission the alien has been convicted of an aggravated
felony or the alien'' and inserting ``if since the date of
such admission the alien''; and
(D) by inserting ``or Secretary of Homeland Security''
after ``the Attorney General'' each place it appears.
(b) Deportability; Criminal Offenses.--Section 237(a)(3)(B)
of the Immigration and Nationality Act (8 U.S.C.
1227(a)(3)(B)) is amended--
(1) in clause (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, section 1425(a) or (b) of title 18 (relating to the
procurement of citizenship or naturalization unlawfully),''.
(c) Deportability; Other Criminal Offenses.--Section
237(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Fraud and related activity associated with social
security act benefits and identification documents.--Any
alien who at any time after admission has been convicted of a
violation of (or a conspiracy or attempt to violate) section
208 of the Social Security Act (42 U.S.C. 408) (relating to
social security account numbers or social security cards) or
section 1028 of title 18, United States Code (relating to
fraud and related activity in connection with identification)
is deportable.''.
(d) Effective Date.--The amendments made by this section
shall apply--
(1) to any act that occurred before, on, or after the date
of the enactment of this Act; and
(2) to all aliens who are required to establish
admissibility on or after such date, and in all removal,
deportation, or exclusion proceedings that are filed,
pending, or reopened, on or after such date.
(e) Construction.--The amendments made by subsection (a)
may not be construed to create eligibility for relief from
removal under section 212(c) of the Immigration and
Nationality Act, as in effect on the day before the date of
the enactment of this Act, if such eligibility did not exist
before the amendments made by subsection (a) became
effective.

SEC. 2302. INCREASED PENALTIES BARRING THE ADMISSION OF
CONVICTED SEX OFFENDERS FAILING TO REGISTER AND
REQUIRING DEPORTATION OF SEX OFFENDERS FAILING
TO REGISTER.

(a) Inadmissibility.--Section 212(a)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)),
as amended by section 2301, is further amended by inserting
after subclause (III) the following:

``(IV) a violation of section 2250 of title 18, United
States Code (relating to failure to register as a sex
offender),''.

(b) Deportability.--Section 237(a)(2) of such Act, as
amended by section 2201, is further amended--
(1) in subparagraph (A)--
(A) by striking clause (v); and
(B) by redesignating clause (vi) as clause (v); and
(2) by adding at the end the following:
``(H) Failure to register as a sex offender.--Any alien
convicted of, or who admits having committed, or who admits
committing acts which constitute the essential elements of a
violation of section 2250 of title 18, United States Code
(relating to failure to register as a sex offender) is
deportable.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to acts that occur before, on, or after the
date of the enactment of this Act.

SEC. 2303. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR
ALIEN GANG MEMBERS.

(a) Definition of Gang Member.--Section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended
by adding at the end the following:
``(53) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons that
has, as a primary purpose, the commission of 1 or more of the
criminal offenses listed in subparagraphs (A) through (G),
whether in violation of Federal or State law or foreign law
and regardless of whether the offenses occurred before, on,
or after the date of the enactment of this paragraph, and the
members of which engage, or have engaged within the past 5
years, in a continuing series of such offenses, or that has
been designated as a criminal gang by the Secretary of
Homeland Security, in consultation with the Attorney General,
as meeting such criteria.
``(A) A felony drug offense (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(B) A felony offense involving firearms or explosives or
in violation of section 931 of

[[Page S1055]]

title 18, United States Code (relating to purchase,
ownership, or possession of body armor by violent felons).
``(C) An offense under section 274 (relating to bringing in
and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of alien for
immoral purpose).
``(D) A crime of violence (as defined in section 16 of
title 18, United States Code).
``(E) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant.
``(F) Any conduct punishable under sections 1028A and 1029
of title 18, United States Code (relating to aggravated
identity theft or fraud and related activity in connection
with identification documents or access devices), sections
1581 through 1594 of such title (relating to peonage,
slavery, and trafficking in persons), section 1951 of such
title (relating to interference with commerce by threats or
violence), section 1952 of such title (relating to interstate
and foreign travel or transportation in aid of racketeering
enterprises), section 1956 of such title (relating to the
laundering of monetary instruments), section 1957 of such
title (relating to engaging in monetary transactions in
property derived from specified unlawful activity), or
sections 2312 through 2315 of such title (relating to
interstate transportation of stolen motor vehicles or stolen
property).
``(G) A conspiracy to commit an offense described in
subparagraphs (A) through (F).''.
(b) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act, as amended by sections 2201 and 2302, is
further amended by adding at the end the following:
``(N) Aliens associated with criminal gangs.--
``(i) In general.--An alien is inadmissible if a consular
officer, an immigration officer, the Secretary of Homeland
Security, or the Attorney General knows or has reason to
believe that the alien--

``(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.

``(ii) Promotion or conspiracy.--Any alien for whom a
consular officer, an immigration officer, the Secretary of
Homeland Security, or the Attorney General has reasonable
grounds to believe has participated in, been a member of,
promoted, or conspired with a criminal gang, either inside or
outside of the United States, is inadmissible.
``(iii) Intent of entry.--Any alien for whom a consular
officer, an immigration officer, the Secretary of Homeland
Security, or the Attorney General has reasonable grounds to
believe seeks to enter the United States or has entered the
United States in furtherance of the activities of a criminal
gang, either inside or outside of the United States, is
inadmissible.''.
(c) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act, as amended by section 2301 and 2302, is
further amended by adding at the end the following:
``(I) Aliens associated with criminal gangs.--An alien is
deportable if the alien--
``(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.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended by inserting
after section 219 the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANG.

``(a) Designation.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General, may designate a
group, club, organization, or association of 5 or more
persons as a criminal gang if the Secretary determines that
the conduct of such entity is described in section
101(a)(53).
``(2) Procedure.--
``(A) Notification.--Not later than 7 days before making a
designation under paragraph (1), the Secretary, through
classified written communication, shall notify the Speaker
and the Minority Leader of the House of Representatives, the
President pro tempore, Majority Leader, and Minority Leader
of the Senate, and the members of the relevant committees of
the House of Representatives and the Senate, of the intent to
designate a group, club, organization, or association of 5 or
more persons as a criminal gang under paragraph (1) and the
justification for such designation.
``(B) Publication in the federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under paragraph
(1), the Secretary shall create an administrative record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under
paragraph (1). Classified information shall not be subject to
disclosure for such time as it remains classified, except
that such information may be disclosed to a court ex parte
and in camera for purposes of judicial review under
subsection (c).
``(4) Period of designation.--
``(A) In general.--A designation under paragraph (1) shall
be effective for all purposes until revoked under paragraph
(5) or (6) or set aside under subsection (c).
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a criminal gang in accordance with clauses
(iii) and (iv) if the designated group, club, organization,
or association of 5 or more persons files a petition for
revocation within the petition period described in clause
(ii).
``(ii) Petition period.--

``(I) If a designated group, club, organization, or
association of 5 or more persons has not previously filed a
petition for revocation under clause (i), the petition period
begins 2 years after the date on which the designation was
made.
``(II) If the designated group, club, organization, or
association of 5 or more persons has previously filed a
petition for revocation under clause (i), the petition period
begins 2 years after the date of the determination made under
clause (iv) on that petition.

``(iii) Procedures.--Any group, club, organization, or
association of 5 or more persons that submits a petition for
revocation under this subparagraph of its designation as a
criminal gang shall provide evidence in that petition that it
is not described in section 101(a)(53).
``(iv) Determination.--

``(I) In general.--Not later than 180 days after receiving
a petition for revocation under clause (i), the Secretary
shall make a determination regarding the revocation sought by
such petition.
``(II) Classified information.--The Secretary may consider
classified information in making a determination in response
to a petition for revocation. Classified information shall
not be subject to disclosure for such time as it remains
classified, except that such information may be disclosed to
a court ex parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A determination made
by the Secretary under this clause shall be published in the
Federal Register.
``(IV) Procedures.--Any revocation by the Secretary shall
be made in accordance with paragraph (6).

``(C) Other review of designation.--
``(i) In general.--If no review takes place under
subparagraph (B) during any 5-year period, the Secretary
shall review the designation of the criminal gang to
determine whether such designation should be revoked pursuant
to paragraph (6).
``(ii) Procedures.--If a review does not take place under
subparagraph (B) in response to a petition for revocation
under that subparagraph, a review shall be conducted pursuant
to procedures established by the Secretary. The results of
such review and the applicable procedures shall not be
reviewable in any court.
``(iii) Publication of results of review.--The Secretary
shall publish any determination made under this subparagraph
in the Federal Register.
``(5) Revocation by act of congress.--Congress may block or
revoke a designation made under paragraph (1) by an Act of
Congress.
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) at any time, and shall revoke a
designation upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4) if the Secretary
determines that--
``(i) the group, club, organization, or association of 5 or
more persons that has been designated as a criminal gang is
no longer described in section 101(a)(53); or
``(ii) the national security or the law enforcement
interests of the United States warrants a revocation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) and (3) shall apply to a revocation under this paragraph.
Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.
``(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6) shall not affect any
action or proceeding based on conduct committed prior to the
effective date of such revocation.
``(8) Use of designation in trial or hearing.--If a
designation under this subsection becomes effective under
paragraph (2), an alien in a removal proceeding may not raise
any question concerning the validity of such designation as a
defense or an objection.
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under subsection (a) if the Secretary determines that the
group, club, organization, or association of 5 or more
persons has changed its name, adopted a new alias, dissolved
and then reconstituted itself under a different name or
names, or merged with another group, club, organization, or
association of 5 or more persons.
``(2) Procedure.--Amendments made to a designation under
paragraph (1) shall be effective upon the publication of such
amendments in the Federal Register. Paragraphs (2), (4), (5),
(6), (7), and (8) of subsection (a) shall apply to an amended
designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments made under
paragraph (1)

[[Page S1056]]

and any additional relevant information that supports such
amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation under this
subsection. Classified information may not be subject to
disclosure while it remains classified, except that such
information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
``(c) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated group, club, organization, or
association of 5 or more persons may seek judicial review in
the United States Court of Appeals for the District of
Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that
the Government may submit, for ex parte and in camera review,
classified information used in making the designation,
amended designation, or determination in response to a
petition for revocation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation, amended designation, or
determination in response to a petition for revocation that
the court finds to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
``(B) contrary to constitutional right, power, privilege,
or immunity;
``(C) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right;
``(D) lacking substantial support in the administrative
record taken as a whole or in classified information
submitted to the court under paragraph (2); or
``(E) not in accord with the procedures required by law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
``(d) Definitions.--In this section:
``(1) Classified information.--The term `classified
information' has the meaning given that term in section 1(a)
of the Classified Information Procedures Act (18 U.S.C.
App.).
``(2) National security.--The term `national security'
means the national defense, foreign relations, or economic
interests of the United States.
``(3) Relevant committees.--The term `relevant committees'
means the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
``(4) Secretary.--The term `Secretary' means the Secretary
of Homeland Security, in consultation with the Attorney
General.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 note) is
amended by inserting after the item relating to section 219
the following:

``Sec. 220. Designation of criminal gang.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)), as amended by section
2204, is further amended by inserting after subparagraph (F)
the following:
``(G) is inadmissible under section 212(a)(2)(J) or
deportable under section 217(a)(2)(G),''.
(2) Annual report.--Not later than March 1 of the first
fiscal year beginning after the date of the enactment of this
Act, and annually thereafter, the Secretary of Homeland
Security, after consultation with the appropriate Federal
agencies, 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 identifies the number of
aliens detained during the reporting period as a result of
the amendment made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) 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); and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section 212(a)(2)(J)(i) or
237(a)(2)(G)(i); or''.
(2) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of such Act (8 U.S.C.
1251(b)(3)(B)) is amended, in the matter preceding clause
(i), by inserting ``who is described in section
212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' after
``to an alien''.
(g) Temporary Protected Status.--Section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``, or'' at the end and
inserting a semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time has been, described in
section 212(a)(2)(J) or 237(a)(2)(G).''; and
(3) in subsection (d)--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4), (5), and (6) as
paragraphs (3), (4), and (5), respectively; and
(C) in paragraph (3), as redesignated, by adding at the end
the following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status under
this section whenever appropriate under any other provision
of law.''.
(h) Special Immigrant Juvenile Visas.--Section
101(a)(27)(J)(iii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)(iii)) is amended--
(1) in subclause (I), by striking ``and'' at the end;
(2) in subclause (II), by adding ``and'' at the end; and
(3) by adding at the end the following:

``(III) no alien who is, or at any time has been, described
in section 212(a)(2)(J) or 237(a)(2)(G) shall be eligible for
any immigration benefit under this subparagraph;''.

(i) Parole.--An alien described in section 212(a)(2)(N) of
the Immigration and Nationality Act, as added by subsection
(b), shall not be eligible for parole under section
212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)) unless--
(1) the alien is assisting or has assisted the United
States Government in a law enforcement matter, including a
criminal investigation; and
(2) the alien's presence in the United States is required
by the Government with respect to such assistance.
(j) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to acts that occur before, on, or after the
date of the enactment of this Act.

SEC. 2304. INADMISSIBILITY AND DEPORTABILITY OF DRUNK
DRIVERS.

(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)), is amended--
(1) in subparagraph (T), by striking ``and'';
(2) in subparagraph (U), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (U) the following:
``(V)(i) a single conviction for driving while intoxicated
(including a conviction for driving while under the influence
of or impairment by alcohol or drugs), when such impaired
driving was a cause of the serious bodily injury or death of
another person; or
``(ii) a second or subsequent conviction for driving while
intoxicated (including a conviction for driving under the
influence of or impaired by alcohol or drugs).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and apply to convictions entered on or after such date.

SEC. 2305. DEFINITION OF AGGRAVATED FELONY.

(a) Definition of Aggravated Felony.--Section 101(a)(43) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)),
as amended by section 2304, is further amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law,
the term `aggravated felony' applies to an offense described
in this paragraph, whether in violation of Federal or State
law, or in violation of the law of a foreign country for
which the term of imprisonment was completed within the
previous 15 years, even if the length of the term of
imprisonment for the offense is based on recidivist or other
enhancements and regardless of whether the conviction was
entered before, on, or after September 30, 1996, and means--
'';
(2) by amending subparagraph (A) to read as follows:
``(A) an offense relating to murder, manslaughter,
homicide, rape (whether the victim was conscious or
unconscious), statutory rape, or any offense of a sexual
nature involving a victim under 18 years of age;'';
(3) in subparagraph (B)--
(A) by inserting ``an offense relating to'' before
``illicit trafficking''; and
(B) by inserting ``, and any offense under State law
relating to a controlled substance (as so classified under
State law) that is classified as a felony in that State,
regardless of whether the substance is classified as a
controlled substance under section 102 of the Controlled
Substances Act (8 U.S.C. 802)'' before the semicolon at the
end;
(4) in subparagraph (C), by inserting ``an offense relating
to'' before ``illicit trafficking in firearms'';
(5) in subparagraph (I), by striking ``or 2252'' and
inserting ``2252, or 2252A'';
(6) in subparagraph (F), by striking ``for which the term
of imprisonment at least one year;'' and inserting ``,
including offenses of assault and battery under Federal or
state law, for which the term of imprisonment is at least 1
year, except that if the conviction records do not
conclusively establish whether a crime constitutes a crime of
violence, the Attorney General or the Secretary of Homeland
Security, as appropriate, may consider other evidence related
to the conviction that establishes that the conduct for which
the alien was engaged constitutes a crime of violence;'';
(7) by amending subparagraph (G) to read as follows:

[[Page S1057]]

``(G) an offense relating to a theft under State or Federal
law (including theft by deceit, theft by fraud, and receipt
of stolen property) regardless of whether any taking was
temporary or permanent, or burglary offense under State or
Federal law for which the term of imprisonment is at least 1
year, except that if the conviction records do not
conclusively establish whether a crime constitutes a theft or
burglary offense, the Attorney General or Secretary of
Homeland Security, as appropriate, may consider other
evidence related to the conviction that establishes that the
conduct for which the alien was engaged constitutes a theft
or burglary offense;'';
(8) in subparagraph (N)--
(A) by striking ``paragraph (1)(A) or (2) of''; and
(B) by inserting a semicolon at the end;
(9) by amending subparagraph (O) to read as follows:
``(O) an offense described in section 275 or 276 for which
the term of imprisonment is at least 1 year;'';
(10) by amending subparagraph (P) to read as follows:
``(P) an offense which is described in chapter 75 of title
18, United States Code, and for which the term of
imprisonment is at least 12 months;'';
(11) by amending subparagraph (U) to read as follows:
``(U) attempting or conspiring to commit an offense
described in this paragraph, or aiding, abetting, counseling,
procuring, commanding, inducing, or soliciting the commission
of such an offense.''; and
(12) by striking the undesignated matter following
subparagraph (U).
(b) Effective Date; Application of Amendments.--
(1) In general.--The amendments made by subsection (a)--
(A) shall take effect on the date of the enactment of this
Act; and
(B) shall apply to any act or conviction that occurred
before, on, or after such date.
(2) Application of iirira amendments.--The amendments to
section 101(a)(43) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) made by section 321 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 110 Stat. 3009-627) shall
continue to apply, whether the conviction was entered before,
on, or after September 30, 1996.

SEC. 2306. PRECLUDING WITHHOLDING OF REMOVAL FOR AGGRAVATED
FELONS.

(a) In General.--Section 241(b)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after clause (iv) the following:
``(v) the alien is convicted of an aggravated felony.''.
(b) Effective Date.--The amendment made by subsection (a)
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, and in all removal, deportation, or
exclusion proceedings that are filed, pending, or reopened on
or after such date of enactment.

SEC. 2307. PROTECTING IMMIGRANTS FROM CONVICTED SEX
OFFENDERS.

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

SEC. 2308. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES
INVOLVING MORAL TURPITUDE.

(a) Inadmissible Aliens.--Section 212(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is
amended by adding at the end the following:
``(iii) Clarification.--For purposes of clause (i)(I), if
the conviction records do not conclusively establish whether
a crime constitutes a crime involving moral turpitude, the
Attorney General or the Secretary of Homeland Security, as
appropriate, may consider other evidence related to the
conviction that establishes that the conduct for which the
alien was engaged constitutes a crime involving moral
turpitude.''.
(b) Deportable Aliens.--
(1) General crimes.--Section 237(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)), as
amended by section 2302(b), is further amended by inserting
after clause (v), as redesignated, 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 Attorney
General or the Secretary of Homeland Security, as
appropriate, may consider other evidence related to the
conviction that establishes that the conduct for which the
alien was engaged constitutes a crime involving moral
turpitude.''.
(2) Domestic violence.--Section 237(a)(2)(E) of such Act (8
U.S.C. 1227(a)(2)(E)) is amended by adding at the end the
following:
``(iii) Crimes of violence.--For purposes of clause (i), if
the conviction records do not conclusively establish whether
a crime of domestic violence constitutes a crime of violence
(as defined in section 16 of title 18, United States Code),
the Attorney General or the Secretary of Homeland Security,
as appropriate, may consider other evidence related to the
conviction that establishes that the conduct for which the
alien was engaged constitutes a crime of violence.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to acts that occur before, on, or after the
date of the enactment of this Act.

SEC. 2309. DETENTION OF DANGEROUS ALIENS.

Section 241(a) of the Immigration and Nationality Act (8
U.S.C. 1231(a)) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except for the first reference in paragraph
(4)(B)(i)) and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by amending subparagraph (B) to read as follows:
``(B) Beginning of period.--The removal period begins on
the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the alien is not in the custody of the Secretary
on the date the order of removal becomes administratively
final, the date the alien is taken into such custody.
``(iii) If the alien is detained or confined (except under
an immigration process) on the date the order of removal
becomes administratively final, the date the alien is taken
into the custody of the Secretary, after the alien is
released from such detention or confinement.''; and
(B) by amending subparagraph (C) to read as follows:
``(C) Suspension of period.--
``(i) Extension.--The removal period shall be extended
beyond a period of 90 days and the Secretary may, in the
Secretary's sole discretion, keep the alien in detention
during such extended period if--

``(I) the alien fails or refuses to make all reasonable
efforts to comply with the removal order, or to fully
cooperate with the Secretary's efforts to establish the
alien's identity and carry out the removal order, including
making timely application in good faith for travel or other
documents necessary to the alien's departure or conspires or
acts to prevent the alien's removal that is subject to an
order of removal;
``(II) a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administratively final order of removal;
``(III) the Secretary transfers custody of the alien
pursuant to law to another Federal agency or a State or local
government agency in connection with the official duties of
such agency; or
``(IV) a court or the Board of Immigration Appeals orders a
remand to an immigration judge or the Board of Immigration
Appeals, during the time period when the case is pending a
decision on remand (with the removal period beginning anew on
the date that the alien is ordered removed on remand).

``(ii) Renewal.--If the removal period has been extended
under subparagraph (C)(i), a new removal period shall be
deemed to have begun on the date--

``(I) the alien makes all reasonable efforts to comply with
the removal order, or to fully cooperate with the Secretary's
efforts to establish the alien's identity and carry out the
removal order;
``(II) the stay of removal is no longer in effect; or
``(III) the alien is returned to the custody of the
Secretary.

``(iii) Mandatory detention for certain aliens.--In the
case of an alien described in subparagraphs (A) through (D)
of section 236(c)(1), the Secretary shall keep that alien in
detention during the extended period described in clause (i).
``(iv) Sole form of relief.--An alien may seek relief from
detention under this subparagraph only by filing an
application for a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No alien whose
period of detention is extended under this subparagraph shall
have the right to seek release on bond.'';
(3) in paragraph (3)--

[[Page S1058]]

(A) in the matter preceding subparagraph (A), by inserting
``or is not detained pursuant to paragraph (6)'' after
``within the removal period''; and
(B) by amending subparagraph (D) to read as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities that the Secretary prescribes for the
alien, in order to prevent the alien from absconding, for the
protection of the community, or for other purposes related to
the enforcement of the immigration laws.'';
(4) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative aliens
established.--For an alien who is not otherwise subject to
mandatory detention, who has made all reasonable efforts to
comply with a removal order and to cooperate fully with the
Secretary of Homeland Security's efforts to establish the
alien's identity and carry out the removal order, including
making timely application in good faith for travel or other
documents necessary to the alien's departure, and who has not
conspired or acted to prevent removal, the Secretary shall
establish an administrative review process to determine
whether the alien should be detained or released on
conditions. The Secretary shall make a determination whether
to release an alien after the removal period in accordance
with subparagraph (B). The determination shall include
consideration of any evidence submitted by the alien, and may
include consideration of any other evidence, including any
information or assistance provided by the Secretary of State
or other Federal official and any other information available
to the Secretary of Homeland Security pertaining to the
ability to remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of Homeland Security, in
the exercise of the Secretary's sole discretion, may continue
to detain an alien for 90 days beyond the removal period
(including any extension of the removal period as provided in
paragraph (1)(C)). An alien whose detention is extended under
this subparagraph shall have no right to seek release on
bond.
``(ii) Specific circumstances.--The Secretary of Homeland
Security, in the exercise of the Secretary's sole discretion,
may continue to detain an alien beyond the 90 days authorized
in clause (i)--

``(I) until the alien is removed, if the Secretary, in the
Secretary's sole discretion, determines that there is a
significant likelihood that the alien--

``(aa) will be removed in the reasonably foreseeable
future; or
``(bb) would be removed in the reasonably foreseeable
future, or would have been removed, but for the alien's
failure or refusal to make all reasonable efforts to comply
with the removal order, or to cooperate fully with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure, or conspires or acts to
prevent removal;

``(II) until the alien is removed, if the Secretary of
Homeland Security certifies in writing--

``(aa) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(bb) after receipt of a written recommendation from the
Secretary of State, that release of the alien is likely to
have serious adverse foreign policy consequences for the
United States;
``(cc) based on information available to the Secretary of
Homeland Security (including classified, sensitive, or
national security information, and without regard to the
grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would
threaten the national security of the United States; or
``(dd) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, and either (AA) the alien has been
convicted of one or more aggravated felonies (as defined in
section 101(a)(43)(A)) or of one or more crimes identified by
the Secretary of Homeland Security by regulation, or of one
or more attempts or conspiracies to commit any such
aggravated felonies or such identified crimes, if the
aggregate term of imprisonment for such attempts or
conspiracies is at least 5 years; or (BB) the alien has
committed one or more crimes of violence (as defined in
section 16 of title 18, United States Code, but not including
a purely political offense) and, because of a mental
condition or personality disorder and behavior associated
with that condition or disorder, the alien is likely to
engage in acts of violence in the future; or

``(III) pending a certification under subclause (II), so
long as the Secretary of Homeland Security has initiated the
administrative review process not later than 30 days after
the expiration of the removal period (including any extension
of the removal period, as provided in paragraph (1)(C)).

``(iii) No right to bond hearing.--An alien whose detention
is extended under this subparagraph shall have no right to
seek release on bond, including by reason of a certification
under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (B)(ii)(II) every 6
months, after providing an opportunity for the alien to
request reconsideration of the certification and to submit
documents or other evidence in support of that request. If
the Secretary does not renew a certification, the Secretary
may not continue to detain the alien under subparagraph
(B)(ii)(II).
``(ii) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in item (bb),
(cc), or (dd) of subparagraph (B)(ii)(II) below the level of
the Director of Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland Security may
request that the Attorney General or the Attorney General's
designee provide for a hearing to make the determination
described in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If it is determined that an
alien should be released from detention by a Federal court,
the Board of Immigration Appeals, or if an immigration judge
orders a stay of removal, the Secretary of Homeland Security,
in the exercise of the Secretary's discretion, may impose
conditions on release as provided in paragraph (3).
``(E) Redetention.--The Secretary of Homeland Security, in
the exercise of the Secretary's discretion, without any
limitations other than those specified in this section, may
again detain any alien subject to a final removal order who
is released from custody, if removal becomes likely in the
reasonably foreseeable future, the alien fails to comply with
the conditions of release, or to continue to satisfy the
conditions described in subparagraph (A), or if, upon
reconsideration, the Secretary, in the Secretary's sole
discretion, determines that the alien can be detained under
subparagraph (B). This section shall apply to any alien
returned to custody pursuant to this subparagraph, as if the
removal period terminated on the day of the redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary under this paragraph shall not
be subject to review by any other agency.''.

SEC. 2310. TIMELY REPATRIATION.

(a) Listing of Countries.--Not later than 6 months after
the date of the enactment of this Act, and every 6 months
thereafter, the Secretary of Homeland Security shall publish
a report that includes--
(1) a list of countries that have refused or unreasonably
delayed repatriation of an alien who is a national of that
country since the date of the enactment of this Act,
including the total number of such aliens, disaggregated by
nationality;
(2) a list of countries that have an excessive repatriation
failure rate; and
(3) a list of each country included in a list described in
paragraph (1) or (2) in the report preceding the current
report and in the current report.
(b) Sanctions.--
(1) In general.--Beginning on the date on which a country
is included in the list described in subsection (a)(3) and
ending on the date on which that country is no longer
included in such list, the Secretary of State may not issue
visas under section 101(a)(15)(A)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants,
servants, personal employees, and members of the immediate
families of officials or employees of that country who
receive nonimmigrant status under clause (i) or (ii) of
section 101(a)(15)(A) of such Act.
(2) Visa reduction.--Every 6 months that a country is
included in the list described in subsection (a)(3), the
Secretary of State shall reduce the number of visas available
under clause (i) or (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) in
a fiscal year to nationals of that country by an amount equal
to 10 percent of the baseline visa number for that country.
Except as provided under section 243(d) of such Act (8 U.S.C.
1253), the Secretary may not reduce the number of such visas
to a level below 20 percent of the baseline visa number.
(c) Waivers.--
(1) National security waiver.--If the Secretary of State
submits to Congress a written determination that significant
national security interests of the United States require a
waiver of the sanctions under subsection (b), the Secretary
may waive any reduction below 80 percent of the baseline visa
number. The Secretary of State may not delegate the authority
under this subsection.
(2) Temporary exigent circumstances.--If the Secretary of
State submits to Congress a written determination that
temporary exigent circumstances require a waiver of the
sanctions under subsection (b), the Secretary may waive any
reduction below 80 percent of the baseline visa number during
6-month renewable periods. The Secretary of State may not
delegate the authority under this subsection.
(d) Exemption.--The Secretary of Homeland Security, in
consultation with the Secretary of State, may exempt a
country from inclusion in a list under subsection (a)(2) if
the total number of nonrepatriations outstanding is less than
10 for the preceding 3-year period.

[[Page S1059]]

(e) Unauthorized Visa Issuance.--Any visa issued in
violation of this section shall be void.
(f) Notice.--If an alien who has been convicted of a
criminal offense before a Federal or State court whose
repatriation was refused or unreasonably delayed is to be
released from detention by the Secretary of Homeland
Security, the Secretary shall provide notice to the State and
local law enforcement agency for the jurisdictions in which
the alien is required to report or is to be released. When
possible, and particularly in the case of violent crime, the
Secretary shall make a reasonable effort to provide notice of
such release to any crime victims and their immediate family
members.
(g) Definitions.--For purposes of this section:
(1) Baseline visa number.--The term ``baseline visa
number'' means, with respect to a country, the average number
of visas issued each fiscal year to nationals of that country
under clauses (i) and (ii) of section 101(a)(15)(A) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for
the 3 full fiscal years immediately preceding the first
report under subsection (a) in which that country is included
in the list under subsection (a)(3).
(2) Excessive repatriation failure rate.--The term
``excessive repatriation failure rate'' means, with respect
to a report under subsection (a), a failure rate greater than
10 percent during--
(A) the period of the 3 full fiscal years preceding the
date of publication of the report; or
(B) the period of 1 year preceding the date of publication
of the report.
(3) Failure rate.--The term ``failure rate'' for a period
means the percentage determined by dividing the total number
of repatriation requests for aliens who are citizens,
subjects, nationals, or residents of a country that refused
or unreasonably delayed during that period by the total
number of such requests during that period.
(4) Number of nonrepatriations outstanding.--The term
``number of nonrepatriations outstanding'' means, for a
period, the number of unique aliens whose repatriation a
country has refused or unreasonably delayed and whose
repatriation has not occurred during that period.
(5) Refused or unreasonably delayed.--A country is deemed
to have ``refused or unreasonably delayed'' the acceptance of
an alien who is a citizen, subject, national, or resident of
that country if, not later than 90 days after receiving a
request to repatriate such alien from an official of the
United States who is authorized to make such a request, the
country does not accept the alien or issue valid travel
documents.
(h) GAO Report.--Not later than 1 day after the date on
which the President submits a budget under section 1105(a) of
title 31, United States Code, for fiscal year 2019, the
Comptroller General of the United States shall submit a
report to Congress regarding the progress of the Secretary of
Homeland Security and the Secretary of State in
implementation of this section and in making requests to
repatriate aliens as appropriate.

SEC. 2311. ILLEGAL REENTRY.

Section 276 of the Immigration and Nationality Act (8
U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

``(a) Reentry After Removal.--
``(1) In general.--Any alien who has been denied admission,
excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or
removal is outstanding, and subsequently enters, attempts to
enter, crosses the border to, attempts to cross the border
to, or is at any time found in the United States, shall be
fined under title 18, United States Code, imprisoned not more
than 2 years, or both.
``(2) Exception.--If an alien sought and received the
express consent of the Secretary to reapply for admission
into the United States, or, with respect to an alien
previously denied admission and removed, the alien was not
required to obtain such advance consent under the Immigration
and Nationality Act or any prior Act, the alien shall not be
subject to the fine and imprisonment provided for in
paragraph (1).
``(b) Reentry of Criminal Offenders.--Notwithstanding the
penalty provided in subsection (a), if an alien described in
that subsection was convicted before such removal or
departure--
``(1) for 3 or more misdemeanors or for a felony, the alien
shall be fined under title 18, United States Code, imprisoned
not more than 10 years, or both;
``(2) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 30 months, the alien
shall be fined under such title, imprisoned not more than 15
years, or both;
``(3) for a felony for which the alien was sentenced to a
term of imprisonment of not less than 60 months, the alien
shall be fined under such title, imprisoned not more than 20
years, or both; or
``(4) for murder, rape, kidnapping, or a felony offense
described in chapter 77 (relating to peonage and slavery) or
113B (relating to terrorism) of such title, or for 3 or more
felonies of any kind, the alien shall be fined under such
title, imprisoned not more than 25 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has
been denied admission, excluded, deported, or removed 3 or
more times and thereafter enters, attempts to enter, crosses
the border to, attempts to cross the border to, or is at any
time found in the United States, shall be fined under title
18, United States Code, imprisoned not more than 10 years, or
both.
``(d) Proof of Prior Convictions.--The prior convictions
described in subsection (b) are elements of the crimes
described, and the penalties in that subsection shall apply
only in cases in which the conviction or convictions that
form the basis for the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Reentry of Alien Removed Prior to Completion of Term
of Imprisonment.--Any alien removed pursuant to section
241(a)(4) who enters, attempts to enter, crosses the border
to, attempts to cross the border to, or is at any time found
in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time
of deportation without any reduction for parole or supervised
release unless the alien affirmatively demonstrates that the
Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other
penalties relating to the reentry of removed aliens as may be
available under this section or any other provision of law.
``(f) Definitions.--In this section and section 275:
``(1) Crosses the border to the united states.--The term
`crosses the border' refers to the physical act of crossing
the border free from official restraint.
``(2) 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) Official restraint.--The term `official restraint'
means any restraint known to the alien that serves to deprive
the alien of liberty and prevents the alien from going at
large into the United States. Surveillance unbeknownst to the
alien shall not constitute official restraint.
``(5) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any
agreement by which an alien stipulates or agrees to
exclusion, deportation, or removal.
``(6) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.

Subtitle D--Asylum Reform

SEC. 2401. CLARIFICATION OF INTENT REGARDING TAXPAYER-
PROVIDED COUNSEL.

Section 292 of the Immigration and Nationality Act (8
U.S.C. 1362) is amended--
(1) by striking ``In any removal proceedings before an
immigration judge and in any appeal proceedings before the
Attorney General from any such removal proceedings'' and
inserting ``In any removal proceedings before an immigration
judge, or any other immigration proceedings before the
Attorney General, the Secretary of Homeland Security, or any
appeal of such a proceeding''.
(2) by striking ``(at no expense to the Government)''; and
(3) by adding at the end the following ``Notwithstanding
any other provision of law, the Government may not bear any
expense for counsel for any person in proceedings described
in this section.''.

SEC. 2402. CREDIBLE FEAR INTERVIEWS.

Section 235(b)(1)(B)(v) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking
``claim'' and all that follows and inserting the following:
``claim, as determined pursuant to section 208(b)(1)(B)(iii),
and such other facts as are known to the officer, that the
alien could establish eligibility for asylum under section
1158 of this title, and it is more probable than not that the
statements made by, and on behalf of, the alien in support of
the alien's claim are true.''.

SEC. 2403. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR
INTERVIEWS.

(a) In General.--The Secretary of Homeland Security shall
establish quality assurance procedures and take steps to
effectively ensure that questions by employees of the
Department of Homeland Security exercising expedited removal
authority under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform
manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in
a uniform fashion.
(b) Factors Relating to Sworn Statements.--Whenever
practicable, any sworn or signed written statement taken of
an alien as part of the record of a proceeding under section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) shall be accompanied by a recording of the
interview which served as the basis for that sworn statement.
(c) Interpreters.--The Secretary shall ensure that a
competent interpreter, not affiliated with the government of
the country from which the alien may claim asylum, is used
when the interviewing officer does not speak a language
understood by the alien.
(d) Recordings in Immigration Proceedings.--There shall be
an audio or audio

[[Page S1060]]

visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of
proceeding and shall be considered as evidence in any further
proceedings involving the alien.
(e) No Private Right of Action.--Nothing in this section
may be construed to create any right, benefit, trust, or
responsibility, whether substantive or procedural,
enforceable in law or equity by a party against the United
States, its departments, agencies, instrumentalities,
entities, officers, employees, or agents, or any person, nor
does this section create any right of review in any
administrative, judicial, or other proceeding.

SEC. 2404. SAFE THIRD COUNTRY.

Section 208(a)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1158(a)(2)(A)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) by striking ``removed, pursuant to a bilateral or
multilateral agreement, to'' and inserting ``removed to''.

SEC. 2405. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN
TO HOME COUNTRY.

(a) In General.--Section 208(c) of the Immigration and
Nationality Act (8 U.S.C. 1158(c)) is amended by adding at
the end the following:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), any alien who is granted asylum status under this
section, who, absent changed country conditions, subsequently
returns to the country of such alien's nationality or, in the
case of an alien having no nationality, returns to any
country in which such alien last habitually resided, and who
applied for such status because of persecution or a well-
founded fear of persecution in that country on account of
race, religion, nationality, membership in a particular
social group, or political opinion, shall have his or her
status terminated.
``(B) Waiver.--The Secretary of Homeland Security may waive
subparagraph (A) if the Secretary determines that the alien
had a compelling reason for the return. The waiver may be
sought before the alien's departure from the United States or
upon the alien's return to the United States.
``(C) Exception for certain aliens from cuba.--Subparagraph
(A) shall not apply to an alien who is eligible for
adjustment to that of an alien lawfully admitted for
permanent residence pursuant to the Cuban Adjustment Act of
1966 (Public Law 89-732).''.
(b) Conforming Amendment.--Section 208(c)(3) of the
Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is
amended by inserting ``or (4)'' after ``paragraph (2)''.

SEC. 2406. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the asylum
application advising the alien of the consequences of filing
a frivolous application and serving as notice to the alien of
the consequence of filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the
Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is
amended to read as follows:
``(6) Frivolous applications.--
``(A) In general.--If the Secretary of Homeland Security or
the Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien has
received notice under paragraph (4)(C), the alien shall be
permanently ineligible for any benefits under this chapter,
effective as the date of the final determination of such an
application.
``(B) Defined term.--An application is `frivolous' if the
Secretary of Homeland Security or the Attorney General
determines, in accordance with subparagraph (C), that--
``(i) it is so insufficient in substance that it is clear
that the applicant knowingly filed the application solely or
in part--

``(I) to delay removal from the United States;
``(II) to seek employment authorization as an applicant for
asylum pursuant to regulations issued pursuant to paragraph
(2); or
``(III) to seek issuance of a Notice to Appeal in order to
pursue Cancellation of Removal under section 240A(b); or

``(ii) any of its material elements are deliberately
fabricated.
``(C) Clarification.--The Secretary or the Attorney General
may not determine that an application is frivolous unless the
applicant, during the course of the proceedings, has had
sufficient opportunity to clarify any discrepancies or
implausible aspects of the claim.
``(D) Withholding of removal.--A finding under this
paragraph that an alien filed a frivolous asylum application
shall not preclude the alien from seeking withholding of
removal under section 241(b)(3).) or protection pursuant to
the Convention Against Torture.''.

SEC. 2407. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

(a) Asylum Credibility Determinations.--Section
208(b)(1)(B)(iii) of the Immigration and Nationality Act (8
U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after
``all relevant factors'' the following: ``, including
statements made to, and investigative reports prepared by,
immigration authorities and other government officials''.
(b) Relief for Removal Credibility Determinations.--Section
240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(4)(C)) is amended by inserting after ``all relevant
factors'' the following: ``, including statements made to,
and investigative reports prepared by, immigration
authorities and other government officials''.

SEC. 2408. PENALTIES FOR ASYLUM FRAUD.

Section 1001 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Whoever, in any matter before the Secretary of
Homeland Security or the Attorney General pertaining to
asylum under section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158) or withholding of removal under section
241(b)(3) of such Act (8 U.S.C. 1231(b)(3)), knowingly and
willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry;
shall be fined under this title or imprisoned not more than
10 years, or both.''.

SEC. 2409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

Section 3291 of title 18, United States Code, is amended--
(1) by striking ``1544,'' and inserting ``1544 and 1546,'';
(2) by striking ``offense.'' and inserting ``offense or not
later than 10 years after the fraud is discovered.''.

SEC. 2410. TECHNICAL AMENDMENTS.

Section 208 of the Immigration and Nationality Act, as
amended by this subtitle, is further amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''; and
(B) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney General'' each
place such term appears and inserting ``Secretary of Homeland
Security''; and
(B) in paragraph (3), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General''; and
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``Secretary of Homeland
Security or the'' before ``Attorney General'' each place such
term appears;
(B) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking ``Attorney General''
and inserting ``Secretary of Homeland Security''; and
(ii) in subparagraph (B), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General''.

Subtitle E--Unaccompanied and Accompanied Alien Minors Apprehended
Along the Border

SEC. 2501. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending the heading to read as follows: ``Rules for
unaccompanied alien children.--'';
(ii) in subparagraph (A)--

(I) in the matter preceding clause (i), by striking ``who
is a national or habitual resident of a country that is
contiguous with the United States'';
(II) in clause (i), by inserting ``and'' at the end;
(III) in clause (ii), by striking ``; and'' and inserting a
period; and
(IV) by striking clause (iii);

(iii) in subparagraph (B)--

(I) in the matter preceding clause (i), by striking ``(8
U.S.C. 1101 et seq.) may--'' and inserting ``(8 U.S.C. 1101
et seq.)--'';
(II) in clause (i), by inserting before ``permit such child
to withdraw'' the following: ``may''; and
(III) in clause (ii), by inserting before ``return such
child'' the following: ``shall''; and

(iv) in subparagraph (C)--

(I) by amending the heading to read as follows:
``Agreements with foreign countries.--''; and
(II) in the matter preceding clause (i), by striking ``The
Secretary of State shall negotiate agreements between the
United States and countries contiguous to the United States''
and inserting ``The Secretary of State may negotiate
agreements between the United States and any foreign country
that the Secretary determines appropriate'';

[[Page S1061]]

(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting after
paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed
by a dedicated U.S. Citizenship and Immigration Services
immigration officer with specialized training in interviewing
child trafficking victims. Such officer shall be in plain
clothes and shall not carry a weapon. The interview shall
occur in a private room.''; and
(C) in paragraph (6)(D) (as so redesignated)--
(i) in the matter preceding clause (i), by striking ``,
except for an unaccompanied alien child from a contiguous
country subject to exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria listed in
paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the semicolon at
the end the following: ``, which shall include a hearing
before an immigration judge not later than 14 days after
being screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting before the semicolon
the following: ``believed not to meet the criteria listed in
subsection (a)(2)(A)''; and
(ii) in subparagraph (B), by inserting before the period
the following: ``and does not meet the criteria listed in
subsection (a)(2)(A)''; and
(B) in paragraph (3), by striking ``an unaccompanied alien
child in custody shall'' and all that follows, and inserting
the following: ``an unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the criteria
listed in subsection (a)(2)(A), shall transfer the custody of
such child to the Secretary of Health and Human Services not
later than 30 days after determining that such child is an
unaccompanied alien child who does not meet such criteria; or
``(B) in the case of child who meets the criteria listed in
subsection (a)(2)(A), may transfer the custody of such child
to the Secretary of Health and Human Services after
determining that such child is an unaccompanied alien child
who meets such criteria.''; and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom children are
placed.--
``(i) Information to be provided to homeland security.--
Before placing a child with an individual, the Secretary of
Health and Human Services shall provide to the Secretary of
Homeland Security--

``(I) the name of the individual with whom the child will
be place;
``(II) the social security number of such individual;
``(III) the date of birth of such individual;
``(IV) the location of the individual's residence at which
the child will be placed;
``(V) the immigration status of such individual, if known;
and
``(VI) contact information for such individual.

``(ii) Special rule.--If a child who was apprehended on or
after June 15, 2012, and before the date of the enactment of
this subparagraph was placed by the Secretary of Health and
Human Services placed with an individual, the Secretary shall
provide the information listed in clause (i) to the Secretary
of Homeland Security not later than 90 days after such date
of enactment.
``(iii) Activities of the secretary of homeland security.--
Not later than 30 days after receiving the information listed
in clause (i), the Secretary of Homeland Security--

``(I) shall investigate the immigration status of the
individual with whom the child is placed if the immigration
status of such individual is unknown; and
``(II) upon determining that an individual with whom a
child is placed is unlawfully present in the United States,
shall initiate removal proceedings pursuant to chapter 4 of
title II of the Immigration and Nationality Act (8 U.S.C.
1221 et seq.).''; and

(B) in paragraph (5)--
(i) by inserting after ``to the greatest extent
practicable'' the following: ``(at no expense to the
Government)''; and
(ii) by striking ``have counsel to represent them'' and
inserting ``have access to counsel to represent them''.
(b) Effective Date.--The amendments made by this section
shall apply to any unauthorized alien child apprehended on or
after June 15, 2012.

SEC. 2502. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS
UNABLE TO REUNITE WITH EITHER PARENT.

Section 101(a)(27)(J)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1
or both of the immigrant's parents'' and inserting ``either
of the immigrant's parents''.

SEC. 2503. JURISDICTION OF ASYLUM APPLICATIONS.

Section 208(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1158) is amended by striking subparagraph (C).

SEC. 2504. QUARTERLY REPORT TO CONGRESS.

Not later than January 5, 2019, and every 3 months
thereafter--
(1) the Attorney General shall submit a report that
identifies--
(A) the total number of asylum cases filed by unaccompanied
alien children and completed by an immigration judge during
the 3-month period preceding the date of the report, and the
percentage of those cases in which asylum was granted; and
(B) the number of unaccompanied alien children who failed
to appear for any proceeding before an immigration judge
during the 3-month period preceding the date of the report;
and
(2) the Secretary of Homeland Security shall submit a
report that identifies--
(A) the total number of applications for asylum, filed by
unaccompanied alien children, which were adjudicated during
the 3-month period preceding the date of the report; and
(B) the percentage of such applications that were granted.

SEC. 2505. BIANNUAL REPORT TO CONGRESS.

Not later than January 5, 2019, and every 6 months
thereafter, the Attorney General shall submit a report to
Congress on each crime for which an unaccompanied alien child
is charged or convicted during the previous 6-month period
following their release from the custody of the Secretary of
Homeland Security pursuant to section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 (8 U.S.C. 1232).

SEC. 2506. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

(a) In General.--Section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) is amended by adding at the end the following:
``(j) Rule of Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There exists no
presumption that an alien child who is not an unaccompanied
alien child should not be detained, and all such
determinations shall be in the discretion of the Secretary of
Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
In no circumstances shall an alien minor who is not an
unaccompanied alien child be released by the Secretary of
Homeland Security other than to a parent or legal
guardian.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to all actions that occur before, on, or
after the date of the enactment of this Act.

TITLE III--BORDER ENFORCEMENT

SEC. 3001. SHORT TITLE.

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

Subtitle A--Border Security

SEC. 3101. 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 prior to transmission.
(2) Appropriate congressional committee.--The term
``appropriate congressional committee'' has the meaning given
the term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(4) High traffic areas.--The term ``high traffic areas''
has the meaning given such term in section 102(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, as amended by section 3111 of this division.
(5) Operational control.--The term ``operational control''
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(8) Small unmanned aerial vehicle.--The term ``small
unmanned aerial vehicle'' has the meaning given the term
``small unmanned aircraft'' in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(9) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 6 U.S.C. 223(a)(7)).
(10) Unmanned aerial system.--The term ``unmanned aerial
system'' has the meaning given the term ``unmanned aircraft
system'' in section 331 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
(11) Unmanned aerial vehicle.--The term ``unmanned aerial
vehicle'' has the meaning given the term ``unmanned
aircraft'' in section 331 of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).

[[Page S1062]]

CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT

SEC. 3111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG
THE SOUTHERN BORDER.

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

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

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

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

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

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

``(ii) Notification.--Not later than 60 days after the
consultation required under clause (i), the Secretary of
Homeland Security shall notify the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate of
the type of physical barriers, tactical infrastructure, or
technology the Secretary has determined is most practical and
effective to achieve situational awareness and operational
control in a specific area or region and the other
alternatives the Secretary considered before making such a
determination.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and inserting ``this
section''; and
(iii) by striking ``construction of fences'' and inserting
``the construction of physical barriers''; and
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical
barriers, tactical infrastructure, or technology, as the case
may be, that the Secretary determines, in the Secretary's
sole discretion, are necessary to maximize the safety and
effectiveness of officers or agents of the Department of
Homeland Security or of any other Federal agency deployed in
the vicinity of such physical barriers, tactical
infrastructure, or technology.'';
(3) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary, in
the Secretary's sole discretion, determines necessary to
ensure the expeditious design, testing, construction,
installation, deployment, operation, and maintenance of the
physical barriers, tactical infrastructure, and technology
under this section. Any such decision by the Secretary shall
be effective upon publication in the Federal Register.''; and
(4) by adding after subsection (d) the following new
subsections:
``(e) Technology.--Not later than September 30, 2022, the
Secretary of Homeland Security, in carrying out this section,
shall deploy along the United States border the most
practical and effective technology available for achieving
situational awareness and operational control of the border.
``(f) Limitation on Requirements.--Nothing in this section
may be construed as requiring the Secretary of Homeland
Security to install tactical infrastructure, technology, and
physical barriers in a particular location along an
international border of the United States, if the Secretary
determines that the use or placement of such resources is not
the most appropriate means to achieve and maintain
situational awareness and operational control over the
international border at such location.
``(g) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border
that--
``(A) are within the responsibility of U.S. Customs and
Border Protection; and
``(B) have significant unlawful cross-border activity, as
determined by the Secretary of Homeland Security.
``(2) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
``(3) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border wall system, and levee
walls.
``(4) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328).
``(5) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates,
checkpoints, lighting, and roads.
``(6) Technology.--The term `technology' includes border
surveillance and detection technology, including the
following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground surveillance
equipment.
``(C) Vehicle and Dismount Exploitation Radars (VADER).
``(D) 3-dimensional, seismic acoustic detection and ranging
border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable surveillance
capabilities.
``(G) Unmanned aerial vehicles.
``(H) Other border detection, communication, and
surveillance technology.
``(7) Unmanned aerial vehicles.--The term `unmanned aerial
vehicle' has the meaning given the term `unmanned aircraft'
in section 331 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95; 49 U.S.C. 40101 note).''.

SEC. 3112. AIR AND MARINE OPERATIONS FLIGHT HOURS.

(a) Increased Flight Hours.--The Secretary, after
coordination with the Administrator of the Federal Aviation
Administration, shall ensure that not fewer than 95,000
annual flight hours are carried out by Air and Marine
Operations of U.S. Customs and Border Protection.
(b) Unmanned Aerial System.--The Secretary shall ensure
that Air and Marine Operations operate unmanned aerial
systems on the southern border of the United States for not
less than 24 hours per day for five days per week.
(c) Contract Air Support Authorization.--The Commissioner
shall contract for the unfulfilled identified air support
mission critical hours, as identified by the Chief of the
U.S. Border Patrol.
(d) Primary Mission.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support U.S. Border Patrol activities along the
southern border of the United States and Joint Interagency
Task Force South operations in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
established by the Commissioner to carry out the requirements
under this Act.
(e) High-Demand Flight Hour Requirements.--In accordance
with subsection (d), the Commissioner shall ensure that U.S.
Border Patrol Sector Chiefs--
(1) identify critical flight hour requirements; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(f) Small Unmanned Aerial Vehicles.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent for U.S. Customs and Border
Protection's use of small unmanned aerial vehicles for the
purpose of meeting the U.S. Border Patrol's unmet flight hour
operational requirements and to achieve situational awareness
and operational control.
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall--
(A) coordinate flight operations with the Administrator of
the Federal Aviation Administration to ensure the safe and
efficient

[[Page S1063]]

operation of the National Airspace System; and
(B) coordinate with the Executive Assistant Commissioner
for Air and Marine Operations of U.S. Customs and Border
Protection to ensure the safety of other U.S. Customs and
Border Protection aircraft flying in the vicinity of small
unmanned aerial vehicles operated by the U.S. Border Patrol.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D);
and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) carry out the small unmanned aerial vehicle
requirements pursuant to subsection (f) of section 1112 of
the Border Security for America Act of 2018; and''.
(g) Saving Clause.--Nothing in this section shall confer,
transfer, or delegate to the Secretary, the Commissioner, the
Executive Assistant Commissioner for Air and Marine
Operations of U.S. Customs and Border Protection, or the
Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration relating to the use of
airspace or aviation safety.

SEC. 3113. 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 3111 of this division), and acting
through the appropriate component of the Department of
Homeland Security, shall deploy to each sector or region of
the southern border and the northern border, in a prioritized
manner to achieve situational awareness and operational
control of such borders, the following additional
capabilities:
(1) San diego sector.--For the San Diego sector, the
following:
(A) Tower-based surveillance technology.
(B) Subterranean surveillance and detection technologies.
(C) To increase coastal maritime domain awareness, the
following:
(i) Deployable, lighter-than-air surface surveillance
equipment.
(ii) Unmanned aerial vehicles with maritime surveillance
capability.
(iii) U.S. Customs and Border Protection maritime patrol
aircraft.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(2) El centro sector.--For the El Centro sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Man-portable unmanned aerial vehicles.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(3) Yuma sector.--For the Yuma sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by aviation
assets.
(F) Mobile vehicle-mounted and man-portable surveillance
systems.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Tower-based surveillance technology.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Deployable, lighter-than-air ground surveillance
equipment.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(5) El paso sector.--For the El Paso sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) Mobile vehicle-mounted and man-portable surveillance
systems.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(6) Big bend sector.--For the Big Bend sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Improved agent communications capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(7) Del rio sector.--For the Del Rio sector, the following:
(A) Tower-based surveillance technology.
(B) Increased monitoring for cross-river dams, culverts,
and footpaths.
(C) Improved agent communications capabilities.
(D) Improved maritime capabilities in the Amistad National
Recreation Area.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by aviation
assets.
(G) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Tower-based surveillance technology.
(B) Maritime detection resources for the Falcon Lake
region.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Increased monitoring for cross-river dams, culverts,
and footpaths.
(E) Ultralight aircraft detection capability.
(F) Advanced unattended surveillance sensors.
(G) A rapid reaction capability supported by aviation
assets.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(9) Rio grande valley sector.--For the Rio Grande Valley
sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground surveillance
equipment.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Ultralight aircraft detection capability.
(E) Advanced unattended surveillance sensors.
(F) Increased monitoring for cross-river dams, culverts,
footpaths.
(G) A rapid reaction capability supported by aviation
assets.
(H) Increased maritime interdiction capabilities.
(I) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(J) Man-portable unmanned aerial vehicles.
(K) Improved agent communications capabilities.
(10) Blaine sector.--For the Blaine sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(11) Spokane sector.--For the Spokane sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Increased maritime interdiction capabilities.
(C) Mobile vehicle-mounted and man-portable surveillance
capabilities.
(D) Advanced unattended surveillance sensors.
(E) Ultralight aircraft detection capabilities.
(F) Completion of six miles of the Bog Creek road.
(G) Man-portable unmanned aerial vehicles.

[[Page S1064]]

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

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

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

SEC. 3114. U.S. BORDER PATROL ACTIVITIES.

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

SEC. 3115. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

``SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

``(a) Major Acquisition Program Defined.--In this section,
the term `major acquisition program' means an acquisition
program of the Department that is estimated by the Secretary
to require an eventual total expenditure of at least
$300,000,000 (based on fiscal year 2017 constant dollars)
over its life cycle cost.
``(b) Planning Documentation.--For each border security
technology acquisition program of the Department that is
determined to be a major acquisition program, the Secretary
shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is meeting cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental
acquisition policies and the Federal Acquisition Regulation;
and
``(3) have a plan for meeting program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting
through the Under Secretary for Management and the
Commissioner of U.S. Customs and Border Protection, shall
ensure border security technology acquisition program
managers who are responsible

[[Page S1065]]

for carrying out this section adhere to relevant internal
control standards identified by the Comptroller General of
the United States. The Commissioner shall provide
information, as needed, to assist the Under Secretary in
monitoring management of border security technology
acquisition programs under this section.
``(d) Plan.--The Secretary, acting through the Under
Secretary for Management, in coordination with the Under
Secretary for Science and Technology and the Commissioner of
U.S. Customs and Border Protection, shall submit to the
appropriate congressional committees a plan for testing,
evaluating, and using independent verification and validation
resources for border security technology. Under the plan, new
border security technologies shall be evaluated through a
series of assessments, processes, and audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 433 the
following new item:

``Sec. 435. Border security technology program management.''.
(c) Prohibition on Additional Authorization of
Appropriations.--No additional funds are authorized to be
appropriated to carry out section 435 of the Homeland
Security Act of 2002, as added by subsection (a). Such
section shall be carried out using amounts otherwise
authorized for such purposes.

SEC. 3116. REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE
NATIONAL GUARD AT THE SOUTHERN BORDER.

(a) In General.--With the approval of the Secretary and the
Secretary of Defense, the Governor of a State may order any
units or personnel of the National Guard of such State to
perform operations and missions under section 502(f) of title
32, United States Code, along the southern border for the
purposes of assisting U.S. Customs and Border Protection to
achieve situational awareness and operational control of the
border.
(b) Assignment of Operations and Missions.--
(1) In general.--National Guard units and personnel
deployed under subsection (a) may be assigned such operations
and missions specified in subsection (c) as may be necessary
to secure the southern border.
(2) Nature of duty.--The duty of National Guard personnel
performing operations and missions described in paragraph (1)
shall be full-time duty under title 32, United States Code.
(c) Range of Operations and Missions.--The operations and
missions assigned under subsection (b) shall include the
temporary authority to--
(1) construct reinforced fencing or other physical
barriers;
(2) operate ground-based surveillance systems;
(3) operate unmanned and manned aircraft;
(4) provide radio communications interoperability between
U.S. Customs and Border Protection and State, local, and
tribal law enforcement agencies;
(5) construct checkpoints along the Southern border to
bridge the gap to long-term permanent checkpoints; and
(6) provide intelligence support.
(d) Materiel and Logistical Support.--The Secretary of
Defense shall deploy such materiel, equipment, and logistical
support as may be necessary to ensure success of the
operations and missions conducted by the National Guard under
this section.
(e) Reimbursement Required.--
(1) In general.--The Secretary of Defense shall reimburse
States for the cost of the deployment of any units or
personnel of the National Guard to perform operations and
missions in full-time State Active Duty in support of a
southern border mission. The Secretary of Defense may not
seek reimbursement from the Secretary for any reimbursements
paid to States for the costs of such deployments.
(2) Limitation.--The total amount of reimbursements under
this section may not exceed $35,000,000 for any fiscal year.

SEC. 3117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN
BORDER.

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

SEC. 3118. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER
SECURITY ON CERTAIN FEDERAL LAND.

(a) Prohibition on Interference With U.S. Customs and
Border Protection.--
(1) In general.--The Secretary concerned may not impede,
prohibit, or restrict activities of U.S. Customs and Border
Protection on covered Federal land to carry out the
activities described in subsection (b).
(2) Applicability.--The authority of U.S. Customs and
Border Protection to conduct activities described in
subsection (b) on covered Federal land applies without regard
to whether a state of emergency exists.
(b) Authorized Activities of U.S. Customs and Border
Protection.--
(1) In general.--U.S. Customs and Border Protection shall
have immediate access to covered Federal land to conduct the
activities described in paragraph (2) on such land to prevent
all unlawful entries into the United States, including
entries by terrorists, unlawful aliens, instruments of
terrorism, narcotics, and other contraband through the
southern border or the northern border.
(2) Activities described.--The activities described in this
paragraph are--
(A) the execution of search and rescue operations;
(B) the use of motorized vehicles, foot patrols, and
horseback to patrol the border area, apprehend illegal
entrants, and rescue individuals; and
(C) the design, testing, construction, installation,
deployment, and operation of physical barriers, tactical
infrastructure, and technology pursuant to section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (as amended by section 3111 of this division).
(c) Clarification Relating to Waiver Authority.--
(1) In general.--The activities of U.S. Customs and Border
Protection described in subsection (b)(2) may be carried out
without regard to the provisions of law specified in
paragraph (2).
(2) Provisions of law specified.--The provisions of law
specified in this section are all Federal, State, or other
laws, regulations, and legal requirements of, deriving from,
or related to the subject of, the following laws:
(A) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(C) The Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (commonly referred to as the ``Clean Water Act'').
(D) Division A of subtitle III of title 54, United States
Code (54 U.S.C. 300301 et seq.) (formerly known as the
``National Historic Preservation Act'').
(E) The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(F) The Clean Air Act (42 U.S.C. 7401 et seq.).
(G) The Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.).
(H) The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(I) The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
(J) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(K) The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(L) Chapter 3125 of title 54, United States Code (formerly
known as the ``Archaeological and Historic Preservation
Act'').
(M) The Antiquities Act (16 U.S.C. 431 et seq.).
(N) Chapter 3203 of title 54, United States Code (formerly
known as the ``Historic Sites, Buildings, and Antiquities
Act'').
(O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.).
(P) The Farmland Protection Policy Act (7 U.S.C. 4201 et
seq.).
(Q) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.).
(R) The Wilderness Act (16 U.S.C. 1131 et seq.).
(S) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(T) The National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.).
(U) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et
seq.).
(V) The Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.).
(W) Subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly

[[Page S1066]]

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.--This section may not be
construed to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or recreation or the use of backcountry
airstrips, on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(e) Effect on State and Private Land.--This section shall--
(1) have no force or effect on State lands or private
lands; and
(2) not provide authority on or access to State lands or
private lands.
(f) Tribal Sovereignty.--Nothing in this section may be
construed to supersede, replace, negate, or diminish treaties
or other agreements between the United States and Indian
tribes.
(g) Memoranda of Understanding.--The requirements of this
section shall not apply to the extent that such requirements
are incompatible with any memorandum of understanding or
similar agreement entered into between the Commissioner and a
National Park Unit before the date of the enactment of this
Act.
(h) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land'' includes all land under the control of the Secretary
concerned that is located within 100 miles of the southern
border or the northern border.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to land under the jurisdiction of the
Department of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Department of the Interior, the Secretary of the Interior.

SEC. 3119. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

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

SEC. 3120. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

(a) In General.--Not later than September 30, 2022, the
Secretary, after coordinating with the heads of the relevant
Federal, State, and local agencies, shall begin eradicating
the carrizo cane plant and any salt cedar along the Rio
Grande River that impedes border security operations.
(b) Extent.--The waiver authority under subsection (c) of
section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended
by section 3111 of this division, shall extend to activities
carried out pursuant to this section.

SEC. 3121. SOUTHERN BORDER THREAT ANALYSIS.

(a) Threat Analysis.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a Southern border threat
analysis.
(2) Contents.--The analysis submitted under paragraph (1)
shall include an assessment of--
(A) current and potential terrorism and criminal threats
posed by individuals and organized groups seeking--
(i) to unlawfully enter the United States through the
Southern border; or
(ii) to exploit security vulnerabilities along the Southern
border;
(B) improvements needed at and between ports of entry along
the Southern border to prevent terrorists and instruments of
terror from entering the United States;
(C) gaps in law, policy, and coordination between State,
local, or tribal law enforcement, international agreements,
or tribal agreements that hinder effective and efficient
border security, counterterrorism, and anti-human smuggling
and trafficking efforts;
(D) the current percentage of situational awareness
achieved by the Department along the Southern border;
(E) the current percentage of operational control achieved
by the Department on the Southern border; and
(F) traveler crossing times and any potential security
vulnerability associated with prolonged wait times.
(3) Analysis requirements.--In compiling the Southern
border threat analysis required under this subsection, the
Secretary shall consider and examine--
(A) the technology needs and challenges, including such
needs and challenges identified as a result of previous
investments that have not fully realized the security and
operational benefits that were sought;
(B) the personnel needs and challenges, including such
needs and challenges associated with recruitment and hiring;
(C) the infrastructure needs and challenges;
(D) the roles and authorities of State, local, and tribal
law enforcement in general border security activities;
(E) the status of coordination among Federal, State, local,
tribal, and Mexican law enforcement entities relating to
border security;
(F) the terrain, population density, and climate along the
Southern border; and
(G) the international agreements between the United States
and Mexico related to border security.
(4) Classified form.--To the extent possible, the Secretary
shall submit the Southern border threat analysis required
under this subsection in unclassified form, but may submit a
portion of the threat analysis in classified form if the
Secretary determines such action is appropriate.
(b) U.S. Border Patrol Strategic Plan.--
(1) In general.--Not later than 180 days after the
submission of the threat analysis required under subsection
(a) or June 30, 2018, and every five years thereafter, the
Secretary, acting through the Chief of the U.S. Border
Patrol, shall issue a Border Patrol Strategic Plan.
(2) Contents.--The Border Patrol Strategic Plan required
under this subsection shall include a consideration of--
(A) the Southern border threat analysis required under
subsection (a), with an emphasis on efforts to mitigate
threats identified in such threat analysis;
(B) efforts to analyze and disseminate border security and
border threat information between border security components
of the Department and other appropriate Federal departments
and agencies with missions associated with the Southern
border;
(C) efforts to increase situational awareness, including--
(i) surveillance capabilities, including capabilities
developed or utilized by the Department of Defense, and any
appropriate technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and unmanned aerial
systems, including camera and sensor technology deployed on
such assets;
(D) efforts to detect and prevent terrorists and
instruments of terrorism from entering the United States;
(E) efforts to detect, interdict, and disrupt aliens and
illicit drugs at the earliest possible point;

[[Page S1067]]

(F) efforts to focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United States;
(G) efforts to ensure that any new border security
technology can be operationally integrated with existing
technologies in use by the Department;
(H) any technology required to maintain, support, and
enhance security and facilitate trade at ports of entry,
including nonintrusive detection equipment, radiation
detection equipment, biometric technology, surveillance
systems, and other sensors and technology that the Secretary
determines to be necessary;
(I) operational coordination unity of effort initiatives of
the border security components of the Department, including
any relevant task forces of the Department;
(J) lessons learned from Operation Jumpstart and Operation
Phalanx;
(K) cooperative agreements and information sharing with
State, local, tribal, territorial, and other Federal law
enforcement agencies that have jurisdiction on the Northern
border or the Southern border;
(L) border security information received from consultation
with State, local, tribal, territorial, and Federal law
enforcement agencies that have jurisdiction on the Northern
border or the Southern border, or in the maritime
environment, and from border community stakeholders
(including through public meetings with such stakeholders),
including representatives from border agricultural and
ranching organizations and representatives from business and
civic organizations along the Northern border or the Southern
border;
(M) staffing requirements for all departmental border
security functions;
(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. 3122. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.

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

SEC. 3123. 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 3111 of this division) and section 3113 of this
division, the Secretary shall, to the greatest extent
practicable, ensure that technology deployed to gain
situational awareness and operational control of the border
be provided to front-line officers and agents of the
Department of Homeland Security.

SEC. 3124. INTEGRATED BORDER ENFORCEMENT TEAMS.

(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by
section 3115 of this division, is further amended by adding
at the end the following new section:

``SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS.

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

[[Page S1068]]

``(2) assess the impact of certain challenges on the
sustainment of cross-border IBET operations, including
challenges faced by international partners;
``(3) addresses ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(4) assesses how IBETs, Border Enforcement Security Task
Forces, and the Integrated Cross-Border Maritime Law
Enforcement Operation Program can better align operations,
including interdiction and investigation activities.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding after the item relating to section 435 the following
new item:

``Sec. 436. Integrated Border Enforcement Teams.''.

SEC. 3125. TUNNEL TASK FORCES.

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

SEC. 3126. 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 conducted under subsection
(a), the Commissioner of U.S. Customs and Border Protection
shall submit to the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report on the findings and
data derived from such program.

SEC. 3127. HOMELAND SECURITY FOREIGN ASSISTANCE.

(a) In General.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.), as amended by
sections 3115 and 3124 of this division, is further amended
by adding at the end the following new section:

``SEC. 437. SECURITY ASSISTANCE.

``(a) In General.--The Secretary, with the concurrence of
the Secretary of State, may provide to a foreign government,
financial assistance and, with or without reimbursement,
security assistance, including equipment, training,
maintenance, supplies, and sustainment support.
``(b) Determination.--The Secretary may only provide
financial assistance or security assistance pursuant to
subsection (a) if the Secretary determines that such
assistance would enhance the recipient government's capacity
to--
``(1) mitigate the risk or threat of transnational
organized crime and terrorism;
``(2) address irregular migration flows that may affect the
United States, including any detention or removal operations
of the recipient government; or
``(3) protect and expedite legitimate trade and travel.
``(c) Limitation on Transfer.--The Secretary may not--
``(1) transfer any equipment or supplies that are
designated as a munitions item or controlled on the United
States Munitions List, pursuant to section 38 of the Foreign
Military Sales Act (22 U.S.C. 2778); or
``(2) transfer any vessel or aircraft pursuant to this
section.
``(d) Related Training.--In conjunction with a transfer of
equipment pursuant to subsection (a), the Secretary may
provide such equipment-related training and assistance as the
Secretary determines necessary.
``(e) Maintenance of Transferred Equipment.--The Secretary
may provide for the maintenance of transferred equipment
through service contracts or other means, with or without
reimbursement, as the Secretary determines necessary.
``(f) Reimbursement of Expenses.--
``(1) In general.--The Secretary may collect payment from
the receiving entity for the provision of security assistance
under this section, including equipment, training,
maintenance, supplies, sustainment support, and related
shipping costs.
``(2) Transfer.--Notwithstanding any other provision of
law, to the extent the Secretary does not collect payment
pursuant to paragraph (1), any amounts appropriated or
otherwise made available to the Department of Homeland
Security may be transferred to the account that finances the
security assistance provided pursuant to subsection (a).
``(g) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, United States Code,
any reimbursement collected pursuant to subsection (f)
shall--
``(1) be credited as offsetting collections to the account
that finances the security assistance under this section for
which such reimbursement is received; and
``(2) remain available until expended for the purpose of
carrying out this section.
``(h) Rule of Construction.--Nothing in this section may be
construed as affecting, augmenting, or diminishing the
authority of the Secretary of State.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 436 the
following new item:

``Sec. 437. Security assistance.''.

CHAPTER 2--PERSONNEL

SEC. 3131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION
AGENTS AND OFFICERS.

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

SEC. 3132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION
INCENTIVES.

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

``Sec. 9702. U.S. Customs and Border Protection temporary
employment authorities

``(a) Definitions.--In this section--

[[Page S1069]]

``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection described under any of
subsections (a) through (h) of section 1131 of the Border
Security for America Act of 2018;
``(2) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(3) the term `Director' means the Director of the Office
of Personnel Management;
``(4) the term `Secretary' means the Secretary of Homeland
Security; and
``(5) the term `appropriate congressional committees' means
the Committee on Oversight and Government Reform, the
Committee on Homeland Security, and the Committee on Ways and
Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee
on Finance of the Senate.
``(b) Direct Hire Authority; Recruitment and Relocation
Bonuses; Retention Bonuses.--
``(1) Statement of purpose and limitation.--The purpose of
this subsection is to allow U.S. Customs and Border
Protection to expeditiously meet the hiring goals and
staffing levels required by section 1131 of the Border
Security for America Act of 2018. The Secretary shall not use
this authority beyond meeting the requirements of such
section.
``(2) Direct hire authority.--The Secretary may appoint,
without regard to any provision of sections 3309 through
3319, candidates to positions in the competitive service as
CBP employees if the Secretary has given public notice for
the positions.
``(3) Recruitment and relocation bonuses.--The Secretary
may pay a recruitment or relocation bonus of up to 50 percent
of the annual rate of basic pay to an individual CBP employee
at the beginning of the service period multiplied by the
number of years (including a fractional part of a year) in
the required service period to an individual (other than an
individual described in subsection (a)(2) of section 5753)
if--
``(A) the Secretary determines that conditions consistent
with the conditions described in paragraphs (1) and (2) of
subsection (b) of such section 5753 are satisfied with
respect to the individual (without regard to the regulations
referenced in subsection (b)(2)(B(ii)(I) of such section or
to any other provision of that section); and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is required to complete a
period of employment as a CBP employee of not less than 2
years; and
``(ii) that includes--

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

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

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

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

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

``(aa) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(bb) the effect of a termination described in item (aa).
``(5) Rules for bonuses.--
``(A) Maximum bonus.--A bonus paid to an employee under--
``(i) paragraph (3) may not exceed 100 percent of the
annual rate of basic pay of the employee as of the
commencement date of the applicable service period; and
``(ii) paragraph (4) may not exceed 50 percent of the
annual rate of basic pay of the employee.
``(B) Relationship to basic pay.--A bonus paid to an
employee under paragraph (3) or (4) shall not be considered
part of the basic pay of the employee for any purpose,
including for retirement or in computing a lump-sum payment
to the covered employee for accumulated and accrued annual
leave under section 5551 or section 5552.
``(C) Period of service for recruitment, relocation, and
retention bonuses.--
``(i) A bonus paid to an employee under paragraph (4) may
not be based on any period of such service which is the basis
for a recruitment or relocation bonus under paragraph (3).
``(ii) A bonus paid to an employee under paragraph (3) or
(4) may not be based on any period of service which is the
basis for a recruitment or relocation bonus under section
5753 or a retention bonus under section 5754.
``(c) Special Rates of Pay.--In addition to the
circumstances described in subsection (b) of section 5305,
the Director may establish special rates of pay in accordance
with that section to assist the Secretary in meeting the
requirements of section 1131 of the Border Security for
America Act of 2018. The Director shall prioritize the
consideration of requests from the Secretary for such special
rates of pay and issue a decision as soon as practicable. The
Secretary shall provide such information to the Director as
the Director deems necessary to evaluate special rates of pay
under this subsection.
``(d) OPM Oversight.--
``(1) Not later than September 30 of each year, the
Secretary shall provide a report to the Director on U.S.
Customs and Border Protection's use of authorities provided
under subsections (b) and (c). In each report, the Secretary
shall provide such information as the Director determines is
appropriate to ensure appropriate use of authorities under
such subsections. Each report shall also include an
assessment of--
``(A) the impact of the use of authorities under
subsections (b) and (c) on implementation of section 1131 of
the Border Security for America Act of 2018;
``(B) solving hiring and retention challenges at the
agency, including at specific locations;
``(C) whether hiring and retention challenges still exist
at the agency or specific locations; and
``(D) whether the Secretary needs to continue to use
authorities provided under this section at the agency or at
specific locations.
``(2) Consideration.--In compiling a report under paragraph
(1), the Secretary shall consider--
``(A) whether any CBP employee accepted an employment
incentive under subsection (b) and (c) and then transferred
to a new location or left U.S. Customs and Border Protection;
and
``(B) the length of time that each employee identified
under subparagraph (A) stayed at the original location before
transferring to a new location or leaving U.S. Customs and
Border Protection.
``(3) Distribution.--In addition to the Director, the
Secretary shall submit each report required under this
subsection to the appropriate congressional committees.
``(e) OPM Action.--If the Director determines the Secretary
has inappropriately used authorities under subsection (b) or
a special rate of pay provided under subsection (c), the
Director shall notify the Secretary and the appropriate
congressional committees in writing. Upon receipt of the
notification, the Secretary may not make any new appointments
or issue any new bonuses under subsection (b), nor provide
CBP employees with further special rates of pay, until the
Director has provided the Secretary and the appropriate
congressional committees a written notice stating the
Director is satisfied safeguards are in place to prevent
further inappropriate use.
``(f) Improving CBP Hiring and Retention.--
``(1) Education of cbp hiring officials.--Not later than
180 days after the date of the enactment of this section, and
in conjunction with the Chief Human Capital Officer of the
Department of Homeland Security, the Secretary shall develop
and implement a strategy to improve the education regarding
hiring and human resources flexibilities (including hiring
and human resources flexibilities for locations in rural or
remote areas) for all employees, serving in agency
headquarters or field offices, who are involved in the
recruitment, hiring, assessment, or selection of candidates
for locations in a rural or remote area, as well as the
retention of current employees.
``(2) Elements.--Elements of the strategy under paragraph
(1) shall include the following:
``(A) Developing or updating training and educational
materials on hiring and human resources flexibilities for
employees who are involved in the recruitment, hiring,
assessment, or selection of candidates, as well as the
retention of current employees.
``(B) Regular training sessions for personnel who are
critical to filling open positions in rural or remote areas.
``(C) The development of pilot programs or other programs,
as appropriate, consistent with authorities provided to the
Secretary to address identified hiring challenges, including
in rural or remote areas.
``(D) Developing and enhancing strategic recruiting efforts
through the relationships with institutions of higher
education, as defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002), veterans transition and
employment centers, and job placement program in regions that
could assist in filling positions in rural or remote areas.
``(E) Examination of existing agency programs on how to
most effectively aid spouses and families of individuals who
are candidates or new hires in a rural or remote area.

[[Page S1070]]

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

``9702. U.S. Customs and Border Protection temporary employment
authorities.''.

SEC. 3133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

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

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

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

``SEC. 5. REPORTING.

``(a) Annual Report.--Not later than one year after the
date of the enactment of this section and annually thereafter
while the waiver authority under section 3(b) is in effect,
the Commissioner of U.S. Customs and Border Protection shall
submit to Congress a report that includes, with respect to
each such reporting period--
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted
under subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is
waived pursuant to section 3(b).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by paragraphs (1) and (2), is further amended by
adding at the end the following new section:

``SEC. 6. DEFINITIONS.

``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer'
defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be discharged or
separated from service in the Armed Forces; and

[[Page S1071]]

``(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 chapter.

SEC. 3134. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS
AND BORDER PROTECTION.

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

CHAPTER 3--GRANTS

SEC. 3141. OPERATION STONEGARDEN.

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

``SEC. 2009. OPERATION STONEGARDEN.

``(a) Establishment.--There is established in the
Department a program to be known as `Operation Stonegarden',
under which the Secretary, acting through the Administrator,
shall make grants to eligible law enforcement agencies,
through the State administrative agency, to enhance border
security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a
grant under this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border; and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this
section may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2017
Homeland Security Grant Program Notice of Funding
Opportunity; and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award
grants under this section to grant recipients for a period of
not less than 36 months.
``(e) Report.--For each of fiscal years 2018 through 2022,
the Administrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report that contains information on the
expenditure of grants made under this section by each grant
recipient.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated $22,000,000 for fiscal year 2018 for
grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002
of the Homeland Security Act of 2002 (6 U.S.C. 603) is
amended to read as follows:
``(a) Grants Authorized.--The Secretary, through the
Administrator, may award grants under sections 2003, 2004,
and 2009 to State, local, and tribal governments, as
appropriate.''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2008 the
following:

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

CHAPTER 4--AUTHORIZATION OF APPROPRIATIONS

SEC. 3151. AUTHORIZATION OF APPROPRIATIONS.

In addition to amounts otherwise authorized to be
appropriated, there are authorized to be appropriated for
fiscal year 2018, $4,960,000,000 to implement this subtitle
and the amendments made by this subtitle, of which--
(1) $1,860,000,000 shall be used by the Department of
Homeland Security to construct physical barriers pursuant to
section 102 of the Illegal Immigration and Immigrant
Responsibility Act of 1996, as amended by section 3111 of
this division;
(2) $200,000,000 shall be used by the Department to improve
tactical infrastructure pursuant to such section 102, as
amended by such section 3111 of this division;
(3) $1,160,000,000 shall be used by the Department to carry
out section 3112 of this division;
(4) $40,000,000 shall be used by the Coast Guard for
deployments of personnel and assets under paragraph (18) of
section 3113(a) of this division; and
(5) $1,700,000,000 shall be used by the Department to carry
out section 3131 of this division.

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

SEC. 3201. PORTS OF ENTRY INFRASTRUCTURE.

(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the
Administrator of General Services shall consult with the
Secretary of State, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Transportation,
and appropriate representatives of State and local
governments, and Indian tribes, and property owners in the
United States prior to determining a location for any new
port of entry constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the consultations
required by subparagraph (A) shall be to minimize any
negative impacts of constructing a new port of entry on the
environment, culture, commerce, and quality of life of the
communities and residents located near such new port.
(b) Expansion and Modernization of High-Priority Southern
Border Ports of Entry.--Not later than September 30, 2021,
the Administrator of General Services, subject to section
3307 of title 40, United States Code, and in coordination
with the Secretary, shall expand or modernize high-priority
ports of entry on the southern border, as determined by the
Secretary, for the purposes of reducing wait times and
enhancing security.
(c) Port of Entry Prioritization.--Prior to constructing
any new ports of entry pursuant to subsection (a), the
Administrator of General Services shall complete the
expansion and modernization of ports of entry pursuant to
subsection (b) to the extent practicable.
(d) Notifications.--
(1) Relating to new ports of entry.--Not later than 15 days
after determining the location of any new port of entry for
construction pursuant to subsection (a), the Secretary and
the Administrator of General Services shall jointly notify
the Members of Congress who represent the State or
congressional district in which such new port of entry will
be located, as well as the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, the Committee
on Commerce, Science, and Transportation, and the Committee
on the Judiciary of the Senate, and the Committee on Homeland
Security, the Committee on Ways and Means, the Committee on
Transportation and Infrastructure, and the Committee on the
Judiciary of the House of Representatives. Such notification
shall include information relating to the location of such
new port of entry, a description of the need

[[Page S1072]]

for such new port of entry and associated anticipated
benefits, a description of the consultations undertaken by
the Secretary and the Administrator pursuant to paragraph (2)
of such subsection, any actions that will be taken to
minimize negative impacts of such new port of entry, and the
anticipated time-line for construction and completion of such
new port of entry.
(2) Relating to expansion and modernization of ports of
entry.--Not later than 180 days after enactment of this Act,
the Secretary and the Administrator of General Services shall
jointly notify the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, the Committee
on Commerce, Science, and Transportation, and the Committee
on the Judiciary of the Senate, and the Committee on Homeland
Security, the Committee on Ways and Means, the Committee on
Transportation and Infrastructure, and the Committee on the
Judiciary of the House of Representatives of the ports of
entry on the southern border that are the subject of
expansion or modernization pursuant to subsection (b) and the
Secretary's and Administrator's plan for expanding or
modernizing each such port of entry.
(e) Rule of Construction.--Nothing in this section may be
construed as providing the Secretary new authority related to
the construction, acquisition, or renovation of real
property.

SEC. 3202. SECURE COMMUNICATIONS.

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

SEC. 3203. BORDER SECURITY DEPLOYMENT PROGRAM.

(a) Expansion.--Not later than September 30, 2021, the
Secretary shall fully implement the Border Security
Deployment Program of the U.S. Customs and Border Protection
and expand the integrated surveillance and intrusion
detection system at land ports of entry along the southern
border and the northern border.
(b) Authorization of Appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000
for fiscal year 2018 to carry out subsection (a).

SEC. 3204. NON-INTRUSIVE INSPECTION OPERATIONAL
DEMONSTRATION.

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

SEC. 3205. BIOMETRIC EXIT DATA SYSTEM.

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

``SEC. 416. BIOMETRIC ENTRY-EXIT.

``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on
Homeland Security and Governmental Affairs and the Committee
on the Judiciary of the Senate and the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives an implementation plan to establish a
biometric exit data system to complete the integrated
biometric entry and exit data system required under section
7208 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (8 U.S.C. 1365b), including--
``(A) an integrated master schedule and cost estimate,
including requirements and design, development, operational,
and maintenance costs of such a system, that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(B) cost-effective staffing and personnel requirements of
such a system that leverages existing resources of the
Department that takes into account prior reports on such
matters issued by the Government Accountability Office and
the Department;
``(C) a consideration of training programs necessary to
establish such a system that takes into account prior reports
on such matters issued by the Government Accountability
Office and the Department;
``(D) a consideration of how such a system will affect
arrival and departure wait times that takes into account
prior reports on such matter issued by the Government
Accountability Office and the Department;
``(E) information received after consultation with private
sector stakeholders, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(F) a consideration of how trusted traveler programs in
existence as of the date of the enactment of this section may
be impacted by, or incorporated into, such a system;
``(G) defined metrics of success and milestones;
``(H) identified risks and mitigation strategies to address
such risks;
``(I) a consideration of how other countries have
implemented a biometric exit data system; and
``(J) a list of statutory, regulatory, or administrative
authorities, if any, needed to integrate such a system into
the operations of the Transportation Security Administration;
and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at the--
``(A) 15 United States airports that support the highest
volume of international air travel, as determined by
available Federal flight data;
``(B) 10 United States seaports that support the highest
volume of international sea travel, as determined by
available Federal travel data; and
``(C) 15 United States land ports of entry that support the
highest volume of vehicle, pedestrian, and cargo crossings,
as determined by available Federal border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry for non-
pedestrian outbound traffic.--Not later than six months after
the date of the enactment of this section, the Secretary, in
collaboration with industry stakeholders, shall establish a
six-month pilot program to test the biometric exit data
system referred to in subsection (a)(2) on non-pedestrian
outbound traffic at not fewer than three land ports of entry
with significant cross-border traffic, including at not fewer
than two land ports of entry on the southern land border and
at least one land port of entry on the northern land border.
Such pilot program may include a consideration of more than
one biometric mode, and shall be implemented to determine the
following:
``(A) How a nationwide implementation of such biometric
exit data system at land ports of entry shall be carried out.
``(B) The infrastructure required to carry out subparagraph
(A).
``(C) The effects of such pilot program on legitimate
travel and trade.
``(D) The effects of such pilot program on wait times,
including processing times, for such non-pedestrian traffic.
``(E) The effects of such pilot program on combating
terrorism.
``(F) The effects of such pilot program on identifying visa
holders who violate the terms of their visas.
``(2) At land ports of entry for non-pedestrian outbound
traffic.--
``(A) In general.--Not later than five years after the date
of the enactment of this section, the Secretary shall expand
the biometric exit data system referred to in subsection
(a)(2) to all land ports of entry, and such system shall
apply only in the case of non-pedestrian outbound traffic.
``(B) Extension.--The Secretary may extend for a single
two-year period the date specified in subparagraph (A) if the
Secretary certifies to the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of
the Senate and the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives
that the 15 land ports of entry that support the highest
volume of passenger vehicles, as determined by available
Federal data, do not have the physical infrastructure or
characteristics to install the systems necessary to implement
a biometric exit data system.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all air and sea ports of
entry.
``(4) At land ports of entry for pedestrians.--Not later
than five years after the date of the enactment of this
section, the

[[Page S1073]]

Secretary shall expand the biometric exit data system
referred to in subsection (a)(2) to all land ports of entry,
and such system shall apply only in the case of pedestrians.
``(c) Effects on Air, Sea, and Land Transportation.--The
Secretary, in consultation with appropriate private sector
stakeholders, shall ensure that the collection of biometric
data under this section causes the least possible disruption
to the movement of people or cargo in air, sea, or land
transportation, while fulfilling the goals of improving
counterterrorism efforts and identifying visa holders who
violate the terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the
enactment of this section, terminate the proceeding entitled
`Collection of Alien Biometric Data Upon Exit From the United
States at Air and Sea Ports of Departure; United States
Visitor and Immigrant Status Indicator Technology Program
(``US-VISIT'')', issued on April 24, 2008 (73 Fed. Reg.
22065).
``(e) Data-Matching.--The biometric exit data system
established under this section shall--
``(1) match biometric information for an individual,
regardless of nationality, citizenship, or immigration
status, who is departing the United States against biometric
data previously provided to the United States Government by
such individual for the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant
to section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected terrorists;
and
``(B) identify visa holders who violate the terms of their
visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system
established under this section shall include a requirement
for the collection of biometric exit data at the time of
departure for all categories of individuals who are required
by the Secretary to provide biometric entry data.
``(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual who
exits and then enters the United States on a passenger vessel
(as such term is defined in section 2101 of title 46, United
States Code) the itinerary of which originates and terminates
in the United States.
``(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or Canadian
citizen who exits the United States through a land port of
entry.
``(g) Collection of Data.--The Secretary may not require
any non-Federal person to collect biometric data, or
contribute to the costs of collecting or administering the
biometric exit data system established under this section,
except through a mutual agreement.
``(h) Multi-Modal Collection.--In carrying out subsections
(a)(1) and (b), the Secretary shall make every effort to
collect biometric data using multiple modes of biometrics.
``(i) Facilities.--All facilities at which the biometric
exit data system established under this section is
implemented shall provide and maintain space for Federal use
that is adequate to support biometric data collection and
other inspection-related activity. For non-federally owned
facilities, such space shall be provided and maintained at no
cost to the Government. For all facilities at land ports of
entry, such space requirements shall be coordinated with the
Administrator of General Services.
``(j) Northern Land Border.--In the case of the northern
land border, the requirements under subsections (a)(2)(C),
(b)(2)(A), and (b)(4) may be achieved through the sharing of
biometric data provided to U.S. Customs and Border Protection
by the Canadian Border Services Agency pursuant to the 2011
Beyond the Border agreement.
``(k) Fair and Open Competition.--The Secretary shall
procure goods and services to implement this section via fair
and open competition in accordance with the Federal
Acquisition Regulations.
``(l) Other Biometric Initiatives.--Nothing in this section
may be construed as limiting the authority of the Secretary
to collect biometric information in circumstances other than
as specified in this section.
``(m) Congressional Review.--Not later than 90 days after
the date of the enactment of this section, the Secretary
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Homeland Security
of the House of Representatives, and Committee on the
Judiciary of the House of Representatives reports and
recommendations regarding the Science and Technology
Directorate's Air Entry and Exit Re-Engineering Program of
the Department and the U.S. Customs and Border Protection
entry and exit mobility program demonstrations.
``(n) Savings Clause.--Nothing in this section shall
prohibit the collection of user fees permitted by section
13031 of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 415 the
following new item:

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

SEC. 3206. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

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

SEC. 3207. AUTHORIZATION OF APPROPRIATIONS.

In addition to any amounts otherwise authorized to be
appropriated for such purpose, there is authorized to be
appropriated $250,000,000 for fiscal year 2018 to carry out
this subtitle, of which--
(1) $400,000 shall be used by the Secretary for hiring
additional Uniform Management Center support personnel,
purchasing uniforms for CBP officers and agents, acquiring
additional motor vehicles to support vehicle mounted
surveillance systems, hiring additional motor vehicle program
support personnel, and for contract support for customer
service, vendor management, and operations management; and
(2) $50,000,000 shall be used to implement the biometric
exit data system described in section 416 of the Homeland
Security Act of 2002, as added by section 3205 of this
division.

SEC. 3208. DEFINITION.

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

TITLE IV--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

SEC. 4101. DEFINITIONS.

In this title:
(1) In general.--Except as otherwise specifically provided,
the terms used in this title have the meanings given such
terms in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Contingent nonimmigrant.--The term ``contingent
nonimmigrant'' means an alien who is granted contingent
nonimmigrant status under this title.
(3) Educational institution.--The term ``educational
institution'' means--
(A) an institution that is described in section 101(a) of
the Higher Education Act of 1965 (20 U.S.C. 1001(a)) or is a
proprietary institution of higher education (as defined in
section 102(b) of such Act (20 U.S.C. 1002(b)));
(B) an elementary, primary, or secondary school within the
United States; or
(C) an educational program assisting students either in
obtaining a high school equivalency diploma, certificate, or
its recognized equivalent under State law, or in passing a
General Educational Development exam or other equivalent
State-authorized exam or other applicable State requirements
for high school equivalency.
(4) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(5) Sexual assault or harassment.--The term ``sexual
assault or harassment'' means--
(A) conduct engaged in by an alien 18 years of age or
older, which consists of unwelcome sexual advances, requests
for sexual favors, or other verbal or physical conduct of a
sexual nature, and--
(i) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment;
(ii) submission to or rejection of such conduct by an
individual is used as the basis for employment decisions
affecting such individual; or
(iii) such conduct has the purpose or effect of creating an
intimidating, hostile, or offensive environment;
(B) conduct constituting a criminal offense of rape, as
described in section 101(a)(43)(A) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)(A));
(C) conduct constituting a criminal offense of statutory
rape, or any offense of a sexual nature involving a victim
under the age of 18 years, as described in section
101(a)(43)(A) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)(A));
(D) sexual conduct with a minor who is under 14 years of
age, or with a minor under 16 years of age where the alien
was at least 4 years older than the minor;
(E) conduct punishable under section 2251 or 2251A
(relating to the sexual exploitation of children and the
selling or buying of children), or section 2252 or 2252A
(relating to certain activities relating to material
involving the sexual exploitation of minors or

[[Page S1074]]

relating to material constituting or containing child
pornography) of title 18, United States Code; or
(F) conduct constituting the elements of any other Federal
or State sexual offense requiring a defendant, if convicted,
to register on a sexual offender registry (except that this
provision shall not apply to convictions solely for urinating
or defecating in public).
(6) Victim.--The term ``victim'' has the meaning given the
term in section 503(e) of the Victims' Rights and Restitution
Act of 1990 (42 U.S.C. 10607(e)).

SEC. 4102. CONTINGENT NONIMMIGRANT STATUS FOR CERTAIN ALIENS
WHO ENTERED THE UNITED STATES AS MINORS.

(a) In General.--Notwithstanding any other provision of
law, the Secretary may grant contingent nonimmigrant status
to an alien who--
(1) meets the eligibility requirements set forth in
subsection (b);
(2) submits a completed application before the end of the
period set forth in subsection (c)(2); and
(3) has paid the fees required under subsection (c)(5).
(b) Eligibility Requirements.--
(1) In general.--An alien is eligible for contingent
nonimmigrant status if the alien establishes by clear and
convincing evidence that the alien meets the requirements set
forth in this subsection.
(2) General requirements.--The requirements under this
paragraph are that the alien--
(A) is physically present in the United States on the date
on which the alien submits an application for contingent
nonimmigrant status;
(B) was physically present in the United States on June 15,
2007;
(C) was younger than 16 years of age on the date the alien
initially entered the United States;
(D) is a person of good moral character;
(E) was under 31 years of age on June 15, 2012, and at the
time of filing an application under subsection (c);
(F) has maintained continuous physical presence in the
United States from June 15, 2012, until the date on which the
alien is granted contingent nonimmigrant status under this
section;
(G) had no lawful immigration status on June 15, 2012;
(H) has requested the release to the Department of Homeland
Security of all records regarding their being adjudicated
delinquent in State or local juvenile court proceedings, and
the Department has obtained all such records; and
(I) possesses a valid Employment Authorization Document
which authorizes the alien to work as of the date of the
enactment of this Act, which was issued pursuant to the June
15, 2012, U.S. Department of Homeland Security Memorandum
entitled, ``Exercising Prosecutorial Discretion With Respect
to Individuals Who Came to the United States as Children''.
(3) Education requirement.--
(A) In general.--An alien may not be granted contingent
nonimmigrant status under this section unless the alien
establishes by clear and convincing evidence that the alien--
(i) is enrolled in, and is in regular full-time attendance
at, an educational institution within the United States; or
(ii) has acquired a diploma from a high school in the
United States, has earned a General Educational Development
certificate recognized under State law, or has earned a
recognized high school equivalency certificate under
applicable State law.
(B) Evidence.--An alien shall demonstrate compliance with
clause (i) or (ii) of subparagraph (A) by providing a valid
certified transcript or diploma from the educational
institution the alien is enrolled in or from which the alien
has acquired a diploma or certificate.
(4) Grounds for ineligibility.--An alien is ineligible for
contingent nonimmigrant status if the Secretary determines
that the alien--
(A) has a conviction for--
(i) an offense classified as a felony in the convicting
jurisdiction;
(ii) an aggravated felony;
(iii) an offense classified as a misdemeanor in the
convicting jurisdiction which involved--

(I) domestic violence (as defined in section 40002(a) of
the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)));
(II) child abuse or neglect (as defined in section 40002(a)
of the Violence Against Women Act of 1994 (34 U.S.C.
12291(a)));
(III) assault resulting in bodily injury (as such term is
defined in section 2266 of title 18, United States Code);
(IV) the violation of a protection order (as such term is
defined in section 2266 of title 18, United States Code); or
(V) driving while intoxicated or driving under the
influence (as such terms are defined in section 164(a)(2) of
title 23, United States Code);

(iv) two or more misdemeanor convictions (excluding minor
traffic offenses that did not involve driving while
intoxicated or driving under the influence, or that did not
subject any individual other than the alien to bodily
injury); or
(v) any offense under foreign law, except for a purely
political offense, which, if the offense had been committed
in the United States, would render the alien inadmissible
under section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) or deportable under section 237(a) of such
Act (8 U.S.C. 1227(a));
(B) has been adjudicated delinquent in a State or local
juvenile court proceeding for an offense equivalent to--
(i) an offense relating to murder, manslaughter, homicide,
rape (whether the victim was conscious or unconscious),
statutory rape, or any offense of a sexual nature involving a
victim under the age of 18 years, as described in section
101(a)(43)(A) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)(A));
(ii) a crime of violence, as such term is defined in
section 16 of title 18, United States Code; or
(iii) an offense punishable under section 401 of the
Controlled Substances Act (21 U.S.C. 841);
(C) has a conviction for any other criminal offense, which
regard to which the alien has not satisfied any civil legal
judgements awarded to any victims (or family members of
victims) of the crime;
(D) is described in section 212(a)(2)(J) of the Immigration
and Nationality Act (8 U.S.C. 1882(a)(2)(J)) (relating to
aliens associated with criminal gangs);
(E) has been charged with a felony or misdemeanor offense
(excluding minor traffic offenses that did not involve
driving while intoxicated or driving under the influence, or
that did not subject any individual other than the alien to
bodily injury), and the charge or charges are still pending;
(F) is inadmissible under section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), except that in
determining an alien's inadmissibility--
(i) paragraphs (5), (7), and (9)(B) of such section shall
not apply; and
(ii) subparagraphs (A), (D), and (G) of paragraph (6), and
paragraphs (9)(C)(i)(I) and (10)(B), of such section shall
not apply, except in the case of the alien unlawfully
entering the United States after June 15, 2007;
(G) is deportable under section 237(a) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)), except that in
determining an alien's deportability--
(i) subparagraph (A) of section 237(a)(1) of such Act shall
not apply with respect to grounds of inadmissibility that do
not apply pursuant to subparagraph (C) of such section; and
(ii) subparagraphs (B) through (D) of section 237(a)(1) and
section 237(a)(3)(A) of such Act shall not apply;
(H) was, on the date of the enactment of this Act--
(i) an alien lawfully admitted for permanent residence;
(ii) an alien admitted as a refugee under section 207 of
the Immigration and Nationality Act (8 U.S.C. 1157), or
granted asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1157 and 1158); or
(iii) an alien who, according to the records of the
Secretary or the Secretary of State, is lawfully present in
the United States in any nonimmigrant status (other than an
alien considered to be a nonimmigrant solely due to the
application of section 244(f)(4) of the Immigration and
Nationality Act (8 U.S.C. 1254a(f)(4)) or the amendment made
by section 702 of the Consolidated Natural Resources Act of
2008 (Public Law 110-229)), notwithstanding any unauthorized
employment or other violation of nonimmigrant status;
(I) has failed to comply with the requirements of any
removal order or voluntary departure agreement;
(J) has been ordered removed in absentia pursuant to
section 240(b)(5)(A) of the Immigration and Nationality Act
(8 U.S.C. 1229a(b)(5)(A));
(K) has failed or refused to attend or remain in attendance
at a proceeding to determine the alien's inadmissibility or
deportability;
(L) if over the age of 18, has failed to demonstrate that
he or she is able to maintain himself or herself at an annual
income that is not less than 125 percent of the Federal
poverty level throughout the period of admission as a
contingent nonimmigrant, unless the alien has demonstrated
that the alien is enrolled in, and is in regular full-time
attendance at, an educational institution within the United
States;
(M) is delinquent with respect to any Federal, State, or
local income or property tax liability;
(N) has failed to pay to the Treasury, in addition to any
amounts owed, an amount equal to the aggregate value of any
disbursements received by such alien for refunds described in
section 1324(b)(2);
(O) has income that would result in tax liability under
section 1 of the Internal Revenue Code of 1986 and that was
not reported to the Internal Revenue Service; or
(P) has at any time engaged in sexual assault or
harassment.
(c) Application Procedures.--
(1) In general.--An alien may apply for contingent
nonimmigrant status by submitting a completed application
form via electronic filing to the Secretary during the
application period set forth in paragraph (2), in accordance
with the interim final rule made by the Secretary under
section 1105.
(2) Application period.--The Secretary may only accept
applications for contingent nonimmigrant status from aliens
in the United States during the 1-year period beginning on
the date on which the interim final rule is published in the
Federal Register pursuant to section 1105.

[[Page S1075]]

(3) Application form.--
(A) Required information.--The application form referred to
in paragraph (1) shall collect such information as the
Secretary determines to be necessary and appropriate in order
to determine whether an alien meets the eligibility
requirements set forth in subsection (b).
(B) Interview.--The Secretary shall conduct an in-person
interview of each applicant for contingent nonimmigrant
status under this section as part of the determination as to
whether the alien meets the eligibility requirements set
forth in subsection (b).
(4) Documentary requirements.--An application filed by an
alien under this section shall include the following:
(A) One or more of the following documents demonstrating
the alien's identity:
(i) A passport (or national identity document) from the
alien's country of origin.
(ii) A certified birth certificate along with photo
identification.
(iii) A State-issued identification card bearing the
alien's name and photograph.
(iv) An Armed Forces identification card issued by the
Department of Defense.
(v) A Coast Guard identification card issued by the
Department of Homeland Security.
(B) A certified copy of the alien's birth certificate or
certified school transcript demonstrating that the alien
satisfies the requirement of subsection (b)(2)(A)(iii) and
(v).
(C) A certified school transcript demonstrating that the
alien satisfies the requirements of subsection (b)(2)(A)(ii)
and (vi).
(D) Immigration records from the Department of Homeland
Security (demonstrating that the alien satisfies the
requirements under subsection (b)(2)(A)(i), (ii), and (vi)).
(5) Fees.--
(A) Standard processing fee.--
(i) In general.--Aliens applying for contingent
nonimmigrant status under this section shall pay a processing
fee to the Department of Homeland Security in an amount
determined by the Secretary.
(ii) Recovery of costs.--The processing fee authorized
under clause (i) shall be set at a level that is, at a
minimum, sufficient to recover the full costs of processing
the application, including any costs incurred--

(I) to adjudicate the application;
(II) to take and process biometrics;
(III) to perform national security and criminal checks;
(IV) to prevent and investigate fraud; and
(V) to administer the collection of such fee.

(iii) Deposit and use of processing fees.--Fees collected
under clause (i) shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)).
(B) Border security fee.--
(i) In general.--Aliens applying for contingent
nonimmigrant status under this section shall pay a border
security fee to the Department of Homeland Security in an
amount of $1,000.
(ii) Use of border security fees.--Fees collected under
clause (i) shall be available, to the extent provided in
advance in appropriation Acts, to the Secretary of Homeland
Security for the purposes of carrying out title III, and the
amendments made by that title.
(6) Aliens apprehended before or during the application
period.--If an alien who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the last day of the application period described in
paragraph (2) appears prima facie eligible for contingent
nonimmigrant status, to the satisfaction of the Secretary,
the Secretary--
(A) shall provide the alien with a reasonable opportunity
to file an application under this section during such
application period; and
(B) may not remove the individual until the Secretary has
denied the application, unless the Secretary, in the
Secretary's sole and unreviewable discretion, determines that
expeditious removal of the alien is in the national security,
public safety, or foreign policy interests of the United
States, or the Secretary will be required for constitutional
reasons or court order to release the alien from detention.
(7) Suspension of removal during application period.--
(A) Aliens in removal proceedings.--Notwithstanding any
other provision of this title, if the Secretary determines
that an alien, during the period beginning on the date of the
enactment of this Act and ending on the last day of the
application period described in subsection (c)(2), is in
removal, deportation, or exclusion proceedings before the
Executive Office for Immigration Review and is prima facie
eligible for contingent nonimmigrant status under this
section--
(i) the Secretary shall provide the alien with the
opportunity to file an application for such status; and
(ii) upon motion by the alien and with the consent of the
Secretary, the Executive Office for Immigration Review
shall--

(I) provide the alien a reasonable opportunity to apply for
such status; and
(II) if the alien applies within the time frame provided,
suspend such proceedings until the Secretary has made a
determination on the application.

(B) Aliens ordered removed.--If an alien who meets the
eligibility requirements set forth in subsection (b) is
present in the United States and has been ordered excluded,
deported, or removed, or ordered to depart voluntarily from
the United States pursuant to section 212(a)(6)(A)(i) or
237(a)(1)(B) or (C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary
shall provide the alien with the opportunity to file an
application for contingent nonimmigrant status provided that
the alien has not failed to comply with any order issued
pursuant to section 239 or 240B of the Immigration and
Nationality Act (8 U.S.C. 1229, 1229c).
(C) Period pending adjudication of application.--During the
period beginning on the date on which an alien applies for
contingent nonimmigrant status under subsection (c) and
ending on the date on which the Secretary makes a
determination regarding such application, an otherwise
removable alien may not be removed from the United States
unless--
(i) the Secretary makes a prima facie determination that
such alien is, or has become, ineligible for contingent
nonimmigrant status under subsection (b); or
(ii) the Secretary, in the Secretary's sole and
unreviewable discretion, determines that removal of the alien
is in the national security, public safety, or foreign policy
interest of the United States.
(8) Security and law enforcement clearances.--
(A) Biometric and biographic data.--The Secretary may not
grant contingent nonimmigrant status to an alien under this
section unless such alien submits biometric and biographic
data in accordance with procedures established by the
Secretary.
(B) Alternative procedures.--The Secretary may provide an
alternative procedure for applicants who cannot provide the
biometric data required under subparagraph (A) due to a
physical impairment.
(C) Clearances.--
(i) Data collection.--The Secretary shall collect, from
each alien applying for status under this section, biometric,
biographic, and other data that the Secretary determines to
be appropriate--

(I) to conduct national security and law enforcement
checks; and
(II) to determine whether there are any factors that would
render an alien ineligible for such status.

(ii) Additional security screening.--The Secretary, in
consultation with the Secretary of State and the heads of
other agencies as appropriate, shall conduct an additional
security screening upon determining, in the Secretary's
opinion based upon information related to national security,
that an alien is or was a citizen or resident of a region or
country known to pose a threat, or that contains groups or
organizations that pose a threat, to the national security of
the United States.
(iii) Prerequisite.--The required clearances and screenings
described in clauses (i)(I) and (ii) shall be completed
before the alien may be granted contingent nonimmigrant
status.
(9) Duration of status and extension.--The initial period
of contingent nonimmigrant status--
(A) shall be 3 years unless revoked pursuant to subsection
(e); and
(B) may be extended for additional 3-year terms if--
(i) the alien remains eligible for contingent nonimmigrant
status under subsection (b);
(ii) the alien again passes background checks equivalent to
the background checks described in subsection (c)(9); and
(iii) such status was not revoked by the Secretary for any
reason.
(d) Terms and Conditions of Contingent Nonimmigrant
Status.--
(1) Work authorization.--The Secretary shall grant
employment authorization to an alien granted contingent
nonimmigrant status who requests such authorization.
(2) Travel outside the united states.--
(A) In general.--The status of a contingent nonimmigrant
who is absent from the United States without authorization
shall be subject to revocation under subsection (e).
(B) Authorization.--The Secretary may authorize a
contingent nonimmigrant to travel outside the United States
and may grant the contingent nonimmigrant reentry provided
that the contingent nonimmigrant--
(i) was not absent from the United States for a period of
more than 15 consecutive days, or 90 days in the aggregate
during each 3-year period that the alien is in contingent
nonimmigrant status, unless the contingent nonimmigrant's
failure to return was due to extenuating circumstances beyond
the individual's control; and
(ii) is otherwise admissible to the United States, except
as provided in subsection (b)(4)(F).
(C) Clarification on admission.--The admission to the
United States of a contingent nonimmigrant after such trips
as described in subparagraph (B) shall not be considered an
admission for the purposes of section 245(a) of the
Immigration and Nationality Act (8 U.S.C. 1255(a)).
(3) Ineligibility for health care subsidies and refundable
tax credits.--
(A) Health care subsidies.--A contingent nonimmigrant--
(i) is not entitled to the premium assistance tax credit
authorized under section 36B of the Internal Revenue Code of
1986 and shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
subsection (e) of such section; and

[[Page S1076]]

(ii) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in section
1402(e) of the Patient Protection and Affordable Care Act (42
U.S.C. 18071(e)).
(B) Refundable tax credits.--A contingent nonimmigrant
shall not be allowed any credit under sections 24 and 32 of
the Internal Revenue Code of 1986.
(4) Federal, state, and local public benefits.--For
purposes of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et
seq.), a contingent nonimmigrant shall not be considered a
qualified alien under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(5) Clarification.--An alien granted contingent
nonimmigrant status under this title shall not be considered
to have been admitted to the United States for the purposes
of section 245(a) of the Immigration and Nationality Act (8
U.S.C. 1255(a)).
(e) Revocation.--
(1) In general.--The Secretary shall revoke the status of a
contingent nonimmigrant at any time if the alien--
(A) no longer meets the eligibility requirements set forth
in subsection (b);
(B) knowingly uses documentation issued under this section
for an unlawful or fraudulent purpose; or
(C) was absent from the United States at any time without
authorization after being granted contingent nonimmigrant
status.
(2) Additional evidence.--In determining whether to revoke
an alien's status under paragraph (1), the Secretary may
require the alien--
(A) to submit additional evidence; or
(B) to appear for an in-person interview.
(3) Invalidation of documentation.--If an alien's
contingent nonimmigrant status is revoked under paragraph
(1), any documentation issued by the Secretary to such alien
under this section shall automatically be rendered invalid
for any purpose except for departure from the United States.

SEC. 4103. ADMINISTRATIVE AND JUDICIAL REVIEW.

(a) Exclusive Administrative Review.--Administrative review
of a determination of an application for status, extension of
status, or revocation of status under this title shall be
conducted solely in accordance with this section.
(b) Administrative Appellate Review.--
(1) Establishment of administrative appellate authority.--
The Secretary shall establish or designate an appellate
authority to provide for a single level of administrative
appellate review of a determination with respect to
applications for status, extension of status, or revocation
of status under this title.
(2) Single appeal for each administrative decision.--
(A) In general.--An alien in the United States whose
application for status under this title has been denied or
revoked may file with the Secretary not more than 1 appeal,
pursuant to this subsection, of each decision to deny or
revoke such status.
(B) Notice of appeal.--A notice of appeal filed under this
subparagraph shall be filed not later than 30 calendar days
after the date of service of the decision of denial or
revocation.
(3) Record for review.--Administrative appellate review
under this subsection shall be de novo and based only on--
(A) the administrative record established at the time of
the determination on the application; and
(B) any additional newly discovered or previously
unavailable evidence.
(c) Judicial Review.--
(1) Applicable provisions.--Judicial review of an
administratively final denial or revocation of, or failure to
extend, an application for status under this title shall be
governed only by chapter 158 of title 28, except as provided
in paragraphs (2) and (3) of this subsection, and except that
a court may not order the taking of additional evidence under
section 2347(c) of such chapter.
(2) Single appeal for each administrative decision.--An
alien in the United States whose application for status under
this title has been denied, revoked, or failed to be
extended, may file not more than 1 appeal, pursuant to this
subsection, of each decision to deny or revoke such status.
(3) Limitation on civil actions.--
(A) Class actions.--No court may certify a class under Rule
23 of the Federal Rules of Civil Procedure in any civil
action filed after the date of the enactment of this Act
pertaining to the administration or enforcement of the
application for status under this title.
(B) Requirements for an order granting prospective relief
against the government.--If a court determines that
prospective relief should be ordered against the Government
in any civil action pertaining to the administration or
enforcement of the application for status under this title,
the court shall--
(i) limit the relief to the minimum necessary to correct
the violation of law;
(ii) adopt the least intrusive means to correct the
violation of law;
(iii) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety;
(iv) provide for the expiration of the relief on a specific
date, which allows for the minimum practical time needed to
remedy the violation; and
(v) limit the relief to the case at issue and shall not
extend any prospective relief to include any other
application for status under this title pending before the
Secretary or in a Federal court (whether in the same or
another jurisdiction).

SEC. 4104. PENALTIES AND SIGNATURE REQUIREMENTS.

(a) Penalties for False Statements in Applications.--
Whoever files an initial or renewal application for
contingent nonimmigrant status under this title and knowingly
and willfully falsifies, misrepresents, conceals, or covers
up a material fact or makes any false, fictitious, or
fraudulent statements or representations, or makes or uses
any false writing or document knowing the same to contain any
false, fictitious, or fraudulent statement or entry, shall be
fined in accordance with title 18, United States Code, or
imprisoned not more than 5 years, or both.
(b) Signature Requirements.--An applicant under this title
shall sign their application, and the signature shall be an
original signature. A parent or legal guardian may sign for a
child or for an applicant whose physical or developmental
disability or mental impairment prevents the applicant from
being competent to sign. In such a case, the filing shall
include evidence of parentage or legal guardianship.

SEC. 4105. RULEMAKING.

Not later than 1 year after the date of the enactment of
this Act, the Secretary shall issue interim final regulations
to implement this title, which shall take effect immediately
upon publication in the Federal Register.

SEC. 4106. STATUTORY CONSTRUCTION.

Except as specifically provided, nothing in this title may
be construed to create any substantive or procedural right or
benefit that is legally enforceable by any party against the
United States or its agencies or officers or any other
person.
______