S.Amdt. 1967

SA 1967. Mr. GARDNER (for himself and Mr. Bennet) 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:

At the appropriate place, insert the following:

TITLE I--BORDER SECURITY

Subtitle A--Appropriations for U.S. Customs and Border Protection

SEC. 101. BORDER SECURITY.

(a) Appropriations for U.S. Customs and Border
Protection.--There is appropriated to the Department of
Homeland Security, U.S. Customs and Border Protection,
$25,000,000,000 for the fiscal years 2018 through 2027 for
the construction of physical barriers; border security
technologies, facilities, and equipment; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; the hiring of additional U.S.
Customs and Border Protection Officers; port of entry
improvement; and border access roads along the Southern land
border, of which--
(1) $2,500,000,000 shall be available for fiscal year 2018,
and shall remain available until September 30, 2022, and of
the amount available under this paragraph--
(A) $784,000,000 shall be available for 32 miles of border
bollard fencing in the Rio Grande Valley Sector, Texas;
(B) $498,000,000 shall be available for 28 miles of a
bollard levee in the Rio Grande Valley Sector, Texas;
(C) $251,000,000 shall be available for 14 miles of
secondary fencing in the San Diego Sector, California; and
(D) $38,239,000 shall be available for planning activities
related to physical barrier construction along the Southwest
border;
(2) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2018, to remain available until
September 30, 2023, and of the amount available under this
paragraph $1,600,000,000 shall be available for the
construction of physical barriers;
(3) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2019, to remain available until
September 30, 2024, and of the amount available under this
paragraph $1,842,000,000 shall be available for the
construction of physical barriers;
(4) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2020, to remain available until
September 30, 2025, and of the amount available under this
paragraph $2,019,000,000 shall be available for the
construction of physical barriers;
(5) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2021, to remain available until
September 30, 2026, and of the amount available under this
paragraph $1,237,000,000 shall be available for the
construction of physical barriers;
(6) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2022, to remain available until
September 30, 2027, and of the amount available under this
paragraph $1,745,000,000 shall be available for the
construction of physical barriers;
(7) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2023, to remain available until
September 30, 2028, and of the amount available under this
paragraph $1,746,000,000 shall be available for the
construction of physical barriers;
(8) $2,500,000,000 shall not be available for obligation or
commitment until October 1,

[[Page S1077]]

2024, to remain available until September 30, 2029, and of
the amount available under this paragraph $1,776,000,000
shall be available for the construction of physical barriers;
(9) $2,500,000,000 shall not be available for obligation or
commitment until October 1, 2025, to remain available until
September 30, 2030, and of the amount available under this
paragraph $1,746,000,000 shall be available for the
construction of physical barriers; and
(10) $2,500,000,000 shall not be available for obligation
or commitment until October 1, 2026, to remain available
until September 30, 2031, and of the amount available under
this paragraph $1,717,000,000 shall be available for the
construction of physical barriers.
(b) Limitation.--Amounts appropriated under subsection (a)
for fiscal years 2018 and 2019, the construction of physical
barriers shall only be available for operationally effective
designs deployed as of the date of the enactment of the
Consolidated Appropriations Act, 2017 (Public Law 115-31),
such as currently deployed steel bollard designs, that
prioritize agent safety.
(c) Annual Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security shall submit a report, for
which a full evaluation has been completed by the Government
Accountability Office to determine its strengths and
weaknesses, to the Committee on Appropriations of the Senate,
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on Appropriations of the
House of Representatives, that--
(1) defines goals, objectives, activities, and milestones;
(2) includes a detailed implementation schedule with
estimates for the planned obligation of funds for fiscal year
2019 through fiscal year 2023 that are linked to the
milestone based delivery of specific--
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates;
(3) describes how specific projects under the plan will
enhance border security goals and objectives and address the
highest priority border security needs;
(4) identifies the planned locations, quantities, and types
of resources, such as fencing, other physical barriers, or
other tactical infrastructure and technology and a
comprehensive plan to consult State and local elected
officials on the eminent domain and construction process
relating to such physical barriers;
(5) provides, after consultation with the Secretary of the
Interior and the Administrator of the Environmental
Protection Agency, a comprehensive analysis of the
environmental impacts of the construction and placement of
such physical barriers along the Southwest border, including
barriers in the Santa Ana National Wildlife Refuge;
(6) includes a description of the methodology and analyses
used to select specific resources for deployment to
particular locations that includes--
(A) a thorough analysis and comparison of alternatives to a
physical barrier to determine the most cost effective
security solution, including--
(i) underground sensors;
(ii) infrared or other day or night cameras;
(iii) tethered or mobile aerostats;
(iv) drones or other airborne assets;
(v) integrated fixed towers; and
(vi) the deployment of additional border personnel;
(B) effects on communities and property owners near areas
of infrastructure deployment, including all necessary land
acquisitions, the total number of necessary condemnation
actions, and the precise number of landowners that will be
impacted by the construction of such physical barriers; and
(C) other factors critical to the decision-making process;
(7) identifies staffing requirements, including full-time
equivalents, contractors, and detailed personnel, by
activity;
(8) identifies performance metrics for assessing and
reporting on the contributions of border security
capabilities realized from current and future investments;
(9) reports on the status of the Department of Homeland
Security's actions to address open recommendations by the
Office of Inspector General and the Government Accountability
Office related to border security, including plans,
schedules, and associated milestones for fully addressing
such recommendations; and
(10) includes certifications by the Under Secretary for
Management, including all documents, memoranda, and a
description of the investment review and information
technology management oversight and processes supporting such
certifications, that--
(A) the program has been reviewed and approved in
accordance with an acquisition review management process that
complies with capital planning and investment control and
review requirements established by the Office of Management
and Budget, including as provided in Circular A-11, part 7;
and
(B) all planned activities comply with Federal acquisition
rules, requirements, guidelines, and practices.
(d) Government Accountability Office Evaluation.--Not later
than 180 days after the date on which the Secretary of
Homeland Security submits the report described in subsection
(c), the Comptroller General of the United States shall
complete the evaluation required under such subsection.
(e) Transfer Authority.--The Committee on Appropriations of
the Senate and the Committee on Appropriations of the House
of Representatives may provide for the transfer of amounts
made available in subsection (a) for each fiscal year to
eligible activities under this section.
(f) Rescission.--Notwithstanding any other provision of
law, any amounts appropriated under subsection (a) that
remain available after the completion of the construction
projects described in the reports required under subsection
(c) shall be rescinded and returned to the general fund of
the Treasury.
(g) Prohibition.--Notwithstanding any other provision of
law, and except for the activities described under subsection
(a), none of the amounts appropriated under this section may
be reprogrammed or transferred for any other component or
activity within the Department of Homeland Security.
(h) Budget Request.--An expenditure plan for amounts made
available pursuant to this section--
(1) shall be included in each budget for a fiscal year
submitted by the President under section 1105 of title 31,
United States Code; and
(2) shall describe planned obligations by program, project,
and activity in the receiving account at the same level of
detail provided for in the request for other appropriations
in that account.
(i) Rule of Construction.--Nothing in this section shall be
construed as limiting the availability of funds made
available in any other Act for carrying out the purposes
described in subsection (a).
(j) Budgetary Effects.--
(1) In general.--The budgetary effects of this Act shall
not be entered on either PAYGO scorecard maintained pursuant
to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(2) Senate paygo scorecards.--The budgetary effects of this
Act shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H.Con.Res. 71 (115th
Congress).

Subtitle B--Improving Border Safety and Security

SEC. 111. BORDER ACCESS ROADS.

(a) Construction.--
(1) In general.--The Secretary of Homeland Security shall
construct roads along the Southern land border of the United
States to facilitate safe and swift access for U.S. Customs
and Border Protection personnel to access the border for
purposes of patrol and apprehension.
(2) Types of roads.--The roads constructed under paragraph
(1) shall include--
(A) access roads;
(B) border roads;
(C) patrol roads; and
(D) Federal, State, local, and privately-owned roads.
(b) Maintenance.--The Secretary of Homeland Security, in
partnership with local stakeholders, shall maintain roads
used for patrol and apprehension.
(c) Policy Guidance.--The Secretary of Homeland Security
shall--
(1) develop such policies and guidance for documenting
agreements with landowners relating to the construction of
roads under subsection (a) as the Secretary determines to be
necessary;
(2) share the policies and guidance developed under
paragraph (1) with each Border Patrol Sector of U.S. Customs
and Border Protection;
(3) document and communicate the process and criteria for
prioritizing funding for operational roads not owned by the
Federal Government; and
(4) assess the feasibility of options for addressing the
maintenance of non-Federal public roads, including any data
needs relating to such maintenance.

SEC. 112. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.

(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 employment
authorities

``(a) Definitions.--In this section--
``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection;
``(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 `rural or remote area' means an area within
the United States that is not within an area defined and
designated as an urbanized area by the Bureau of the Census
during the most recently completed decennial census; and
``(5) the term `Secretary' means the Secretary of Homeland
Security.
``(b) Demonstration of Recruitment and Retention
Difficulties in Rural or Remote Areas.--
``(1) In general.--For purposes of subsections (c) and (d),
the Secretary shall determine, for a rural or remote area,
whether there is--
``(A) a critical hiring need in the area; and
``(B) a direct relationship between--
``(i) the rural or remote nature of the area; and
``(ii) difficulty in the recruitment and retention of CBP
employees in the area.
``(2) Factors.--To inform the determination of a direct
relationship under paragraph (1)(B), the Secretary may
consider evidence--

[[Page S1078]]

``(A) that the Secretary--
``(i) is unable to efficiently and effectively recruit
individuals for positions as CBP employees, which may be
demonstrated with various types of evidence, including--

``(I) evidence that multiple positions have been
continuously vacant for significantly longer than the
national average period for which similar positions in U.S.
Customs and Border Protection are vacant; or
``(II) recruitment studies that demonstrate the inability
of the Secretary to efficiently and effectively recruit CBP
employees for positions in the area; or

``(ii) experiences a consistent inability to retain CBP
employees that negatively impacts agency operations at a
local or regional level; or
``(B) of any other inability, directly related to
recruitment or retention difficulties, that the Secretary
determines sufficient.
``(c) Direct Hire Authority; Recruitment and Relocation
Bonuses; Retention Bonuses.--
``(1) Direct hire authority.--
``(A) In general.--The Secretary may appoint, without
regard to any provision of sections 3309 through 3319,
candidates to positions in the competitive service as CBP
employees, in a rural or remote area, if the Secretary--
``(i) determines that--

``(I) there is a critical hiring need; and
``(II) there exists a severe shortage of qualified
candidates because of the direct relationship identified by
the Secretary under subsection (b)(1)(B) of this section
between--

``(aa) the rural or remote nature of the area; and
``(bb) difficulty in the recruitment and retention of CBP
employees in the area; and
``(ii) has given public notice for the positions.
``(B) Prioritization of hiring veterans.--If the Secretary
uses the direct hiring authority under subparagraph (A), the
Secretary shall apply the principles of preference for the
hiring of veterans established under subchapter I of chapter
33.
``(2) Recruitment and relocation bonuses.--The Secretary
may pay a bonus to an individual (other than an individual
described in subsection (a)(2) of section 5753) if--
``(A) the Secretary determines that--
``(i) 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 any other provision of that section); and
``(ii) the position to which the individual is appointed or
to which the individual moves or must relocate--

``(I) is a position as a CBP employee; and
``(II) is in a rural or remote area for which the Secretary
has identified a direct relationship under subsection
(b)(1)(B) of this section between--

``(aa) the rural or remote nature of the area; and
``(bb) difficulty in the recruitment and retention of CBP
employees in the area; 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).
``(3) Retention bonuses.--The Secretary may pay a retention
bonus to a 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) the CBP employee is employed in a rural or remote
area for which the Secretary has identified a direct
relationship under subsection (b)(1)(B) of this section
between--

``(I) the rural or remote nature of the area; and
``(II) difficulty in the recruitment and retention of CBP
employees in the area; and

``(iii) 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).
``(4) Rules for bonuses.--
``(A) Maximum bonus.--A bonus paid to an employee under--
``(i) paragraph (2) 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 (3) may not exceed 50 percent of the
annual rate of basic pay of the employee as of the
commencement date of the applicable service period.
``(B) Relation to basic pay.--A bonus paid to an employee
under paragraph (2) or (3) shall not be considered part of
the basic pay of the employee for any purpose.
``(5) OPM oversight.--The Director shall, to the extent
practicable--
``(A) set aside a determination of the Secretary under this
subsection if the Director finds substantial evidence that
the Secretary abused the discretion of the Secretary in
making the determination; and
``(B) oversee the compliance of the Secretary with this
subsection.
``(d) Special Pay Authority.--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 if the Director finds that the recruitment
or retention efforts of the Secretary with respect to
positions for CBP employees in 1 or more areas or locations
are, or are likely to become, significantly handicapped
because the positions are located in a rural or remote area
for which the Secretary has identified a direct relationship
under subsection (b)(1)(B) of this section between--
``(1) the rural or remote nature of the area; and
``(2) difficulty in the recruitment and retention of CBP
employees in the area.
``(e) Regular CBP Review.--
``(1) Ensuring flexibilities meet cbp needs.--Each year,
the Secretary shall review the use of hiring flexibilities
under subsections (c) and (d) to fill positions at a location
in a rural or remote area to determine--
``(A) the impact of the use of those flexibilities on
solving hiring and retention challenges at the location;
``(B) whether hiring and retention challenges still exist
at the location; and
``(C) whether the Secretary needs to continue to use those
flexibilities at the location.
``(2) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider--
``(A) whether any CBP employee accepted an employment
incentive under subsection (c) or (d) 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.--The Secretary shall submit to Congress
a report on each review required under paragraph (1).
``(f) Improving CBP Hiring and Retention.--
``(1) Education of cbp hiring officials.--Not later than
180 days after the date of the enactment of the 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 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, to address identified hiring challenges in
rural or remote areas.
``(D) Developing and enhancing strategic recruiting efforts
through relationships with institutions of higher education,
as defined in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002), veterans transition and employment centers,
and job placement program in regions that could assist in
filling positions in rural or remote areas.
``(E) Examination of existing agency programs on how to
most effectively aid spouses and families of individuals who
are candidates or new hires in a rural or remote area.
``(F) Feedback from individuals who are candidates or new
hires at locations in a rural or remote area, including
feedback on the quality of life in rural or remote areas for
new hires and their families.
``(G) Feedback from CBP employees, other than new hires,
who are stationed at locations in a rural or remote area,
including

[[Page S1079]]

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 in rural or remote areas;
``(ii) a general assessment of the impact of the strategy
implemented under paragraph (1) on hiring challenges in rural
or remote areas; and
``(iii) other information the Secretary determines
relevant.
``(g) Inspector General Review.--Not later than 2 years
after the date of the enactment of the this section, the
Inspector General of the Department of Homeland Security
shall review the use of hiring flexibilities by the Secretary
under subsections (c) and (d) to determine whether the use of
those flexibilities is helping the Secretary meet hiring and
retention needs in rural and remote areas.
``(h) Exercise of Authority.--
``(1) Sole discretion.--The exercise of authority under
subsection (c) 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.
``(2) Delegation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may delegate any authority under this section to
the Commissioner.
``(B) Oversight.--The Commissioner may not make a
determination under subsection (b)(1) unless the Secretary
approves the determination.
``(i) Rule of Construction.--Nothing in this section shall
be construed to exempt the Secretary or the Director from the
applicability of the merit system principles under section
2301.
``(j) Sunset.--The authorities under subsections (c) and
(d) shall terminate on the date that is 5 years after the
date of the enactment of 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 employment authorities.''.

SEC. 113. DISTRESS BEACONS.

(1) In general.--The Commissioner of U.S. Customs and
Border Protection, working through U.S. Border Patrol,
shall--
(A) identify areas near the international border between
the United States and Canada or the international border
between the United States and Mexico where migrant deaths are
occurring due to climatic and environmental conditions; and
(B) deploy up to 1,000 beacon stations in the areas
identified pursuant to subparagraph (A).
(2) Features.--Beacon stations deployed pursuant to
paragraph (1) should--
(A) include a self-powering mechanism, such as a solar-
powered radio button, to signal U.S. Border Patrol personnel
or other emergency response personnel that a person at that
location is in distress;
(B) include a self-powering cellular phone relay limited to
911 calls to allow persons in distress in the area who are
unable to get to the beacon station to signal their location
and access emergency personnel; and
(C) be movable to allow U.S. Border Patrol to relocate them
as needed--
(i) to mitigate migrant deaths;
(ii) to facilitate access to emergency personnel; and
(iii) to address any use of the beacons for diversion by
criminals.

SEC. 114. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS
GRANTS.

(a) In General.--The Secretary of Homeland Security, in
consultation with the governors of the States located on the
international border between the United States and Mexico,
shall establish a 2-year grant program to improve emergency
communications in the Southern border region.
(b) Eligibility for Grants.--An individual is eligible for
a grant under this section if the individual demonstrates
that he or she--
(1) regularly resides or works in a State that shares a
land border with Mexico; and
(2) is at greater risk of border violence due to a lack of
cellular and LTE network service at the individual's
residence or business and the individual's proximity to the
Southern border.
(c) Use of Grants.--Grants awarded under this section may
be used to purchase satellite telephone communications
systems and services that--
(1) can provide access to 9-1-1 service; and
(2) are equipped with receivers for the Global Positioning
System.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out this section.

SEC. 115. OFFICE OF PROFESSIONAL RESPONSIBILITY.

Not later than September 30, 2021, the Commissioner of U.S.
Customs and Border Protection shall hire, train, and assign
sufficient special agents at the Office of Professional
Responsibility to maintain an active duty presence of not
fewer than 550 full-time equivalent special agents.

Subtitle C--Additional Matters

SEC. 121. ELIMINATE IMMIGRATION COURT BACKLOGS.

(a) Annual Increases in Immigration Judges.--The Attorney
General of the United States shall increase the total number
of immigration judges to adjudicate pending cases and
efficiently process future cases by at least--
(1) 55 judges during fiscal year 2018;
(2) an additional 55 judges during fiscal year 2019; and
(3) an additional 55 judges during fiscal year 2020.
(b) Qualifications of Immigration Judges.--The Attorney
General shall ensure that all newly hired immigration judges
are highly qualified and trained to conduct fair, impartial
hearings consistent with due process and that all newly hired
immigration judges represent a diverse pool of individuals
that includes a balance of individuals with nongovernmental,
private bar, or academic experience in addition to government
experience.
(c) Necessary Support Staff for Immigration Judges.--To
address the shortage of support staff for immigration judges,
the Attorney General shall ensure that each immigration judge
has sufficient support staff, adequate technological and
security resources, and appropriate courtroom facilities.
(d) Annual Increases in Board of Immigration Appeals
Personnel.--The Attorney General shall increase the number of
Board of Immigration Appeals staff attorneys (including
necessary additional support staff) to efficiently process
cases by at least--
(1) 23 attorneys during fiscal year 2018;
(2) an additional 23 attorneys during fiscal year 2019; and
(3) an additional 23 attorneys during fiscal year 2020.
(e) GAO Report.--The Comptroller General of the United
States shall--
(1) conduct a study of the hurdles to efficient hiring of
immigration court judges within the Department of Justice;
and
(2) propose solutions to Congress for improving the
efficiency of the hiring process.
(f) Immigration Judge Definition.--Section 101(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(4)) is
amended to read as follows:
``(4) The term `immigration judge' means an attorney whom
the Attorney General appoints as an administrative judge
within the Executive Office for Immigration Review, qualified
to conduct specified classes of proceedings, including a
hearing under section 240. The position shall be deemed to be
judicial in nature and not an attorney position. An
Immigration Judge shall not be subject to any code of
attorney behavior conduct or actions taken while performing
duties as an Immigration Judge. Actions taken by an
Immigration Judge shall be reviewed only under rules and
standards pertaining to judicial conduct. An Immigration
Judge shall not be disciplined for actions or decisions made
in good faith while in the course of performing the duties of
an Immigration Judge.''.

SEC. 122. IMPROVED TRAINING FOR IMMIGRATION JUDGES AND
MEMBERS OF THE BOARD OF IMMIGRATION APPEALS.

(a) In General.--To ensure efficient and fair proceedings,
the Director of the Executive Office for Immigration Review
shall facilitate robust training programs for immigration
judges and members of the Board of Immigration Appeals.
(b) Mandatory Training.--Training facilitated under
subsection (a) shall include--
(1) an expansion of the training program for new
immigration judges and Board members;
(2) continuing education regarding current developments in
immigration law through regularly available training
resources and an annual conference;
(3) methods to ensure that immigration judges are trained
on properly crafting and dictating decisions and standards of
review, including improved on-bench reference materials and
decision templates;
(4) specialized training to handle cases involving other
vulnerable populations including survivors of domestic
violence, sexual assault, trafficking, and individuals with
mental disabilities in partnership with the National Council
of Juvenile and Family Court Judges; and
(5) specialized training in child interviewing, child
psychology, and child trauma in partnership with the National
Council of Juvenile and Family Court Judges for Immigration
Judges.

SEC. 123. NEW TECHNOLOGY TO IMPROVE COURT EFFICIENCY.

The Director of the Executive Office for Immigration Review
shall modernize its case management and related electronic
systems, including allowing for electronic filing, to improve
efficiency in the processing of immigration proceedings.

SEC. 124. PERMANENT REAUTHORIZATION OF E-VERIFY.

Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of

[[Page S1080]]

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

TITLE II--EARNED CITIZENSHIP FOR CHILDHOOD ARRIVALS

SEC. 201. DEFINITIONS.

In this subtitle:
(1) In general.--Except as otherwise specifically provided,
any term used in this subtitle that is used in the
immigration laws shall have the meaning given the term in the
immigration laws.
(2) Applicable federal tax liability.--The term
``applicable Federal tax liability'' means liability for
Federal taxes imposed under the Internal Revenue Code of
1986, including any penalties and interest on taxes imposed
under the Internal Revenue Code of 1986.
(3) DACA.--The term ``DACA'' means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15,
2012.
(4) Disability.--The term ``disability'' has the meaning
given the term in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(1)).
(5) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(6) Elementary school; high school; secondary school.--The
terms ``elementary school'', ``high school'', and ``secondary
school'' have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(7) Felony.--The term ``felony'' means a Federal, State, or
local criminal offense (excluding a State or local offense
for which an essential element was the alien's immigration
status) punishable by imprisonment for a term exceeding 1
year.
(8) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(9) Institution of higher education.--The term
``institution of higher education''--
(A) except as provided in subparagraph (B), has the meaning
given the term in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002); and
(B) does not include an institution of higher education
outside of the United States.
(10) Misdemeanor.--
(A) In general.--The term ``misdemeanor'' means a Federal,
State, or local criminal offense (excluding a State or local
offense for which an essential element is the alien's
immigration status, a significant misdemeanor, and a minor
traffic offense) for which--
(i) the maximum term of imprisonment is greater than 5 days
and not greater than 1 year; and
(ii) the individual was sentenced to time in custody of 90
days or less.
(11) Permanent resident status on a conditional basis.--The
term ``permanent resident status on a conditional basis''
means status as an alien lawfully admitted for permanent
residence on a conditional basis under this subtitle.
(12) Poverty line.--The term ``poverty line'' has the
meaning given the term in section 673 of the Community
Services Block Grant Act (42 U.S.C. 9902).
(13) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
(14) Significant misdemeanor.--The term ``significant
misdemeanor'' means a Federal, State, or local criminal
offense (excluding a State or local offense for which an
essential element was the alien's immigration status) for
which the maximum term of imprisonment is greater than 5 days
and not greater than 1 year that--
(A) regardless of the sentence imposed, is a crime of
domestic violence (as defined in section 237(a)(2)(E)(i) of
the Immigration and Nationality Act (8 U.S.C.
1227(a)(2)(E)(i)) or an offense of sexual abuse or
exploitation, burglary, unlawful possession or use of a
firearm, drug distribution or trafficking, or driving under
the influence if the State law requires, as an element of the
offense, the operation of a motor vehicle and a finding of
impairment or a blood alcohol content of .08 or higher; or
(B) resulted in a sentence of time in custody of more than
90 days, excluding an offense for which the sentence was
suspended.
(15) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 101(a) of title 10, United States Code.

SEC. 202. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Conditional Basis for Status.--Notwithstanding any
other provision of law, an alien who obtains the status of an
alien lawfully admitted for permanent residence under this
section shall be considered to have obtained that status on a
conditional basis as of the date on which the alien obtained
the status, subject to this subtitle.
(b) Requirements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is
inadmissible or deportable from the United States or is in
temporary protected status under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), if--
(A) the alien has been continuously physically present in
the United States since June 15, 2012;
(B) the alien was younger than 18 years of age on the date
on which the alien initially entered the United States;
(C) subject to paragraphs (2) and (3), the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
(6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
(iii) has not been convicted of--

(I) a felony;
(II) a significant misdemeanor; or
(III) 3 or more misdemeanors--

(aa) not occurring on the same date; and
(bb) not arising out of the same act, omission, or scheme
of misconduct;
(D) the alien--
(i) has been admitted to an institution of higher
education;
(ii) has earned a high school diploma or a commensurate
alternative award from a public or private high school, or
has obtained a general education development certificate
recognized under State law or a high school equivalency
diploma in the United States;
(iii) is enrolled in secondary school or in an education
program assisting students in--

(I) obtaining a regular high school diploma or the
recognized equivalent of a regular high school diploma under
State law; or
(II) passing a general educational development exam, a high
school equivalence diploma examination, or other similar
State-authorized exam; or

(iv)(I) has served, is serving, or has enlisted in the
Armed Forces; and
(II) in the case of an alien who has been discharged from
the Armed Forces, has received an honorable discharge; and
(E)(i) the alien has paid any applicable Federal tax
liability incurred by the alien during the entire period for
which the alien was a DACA recipient; or
(ii) the alien has entered into an agreement to pay any
applicable Federal tax liability incurred by the alien during
the entire period for which the alien was a DACA recipient
through a payment installment plan approved by the
Commissioner of Internal Revenue.
(2) Waiver.--
(A) In general.--With respect to any benefit under this
subtitle, the Secretary may, on a case-by-case basis, waive
the grounds of inadmissibility under paragraph (2), (6)(E),
(6)(G), or (10)(D) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a))--
(i) for humanitarian purposes; or
(ii) if the waiver is otherwise in the public interest.
(B) Quarterly reports.--Not later than 180 days after the
date of enactment of this Act, and quarterly thereafter, the
Secretary shall submit to Congress a report that includes,
for the preceding quarter--
(i) the number of requests submitted by aliens for a waiver
under subparagraph (A);
(ii) the number of waivers granted under that subparagraph;
and
(iii) the number of requests for a waiver under that
subparagraph denied by the Secretary.
(3) Treatment of expunged convictions.--
(A) In general.--An expunged conviction shall not
automatically be treated as a conviction referred to in
paragraph (1)(C)(iii).
(B) Case-by-case evaluation.--The Secretary shall evaluate
an expunged conviction on a case-by-case basis according to
the nature and severity of the offense underlying the
expunged conviction, based on the record of conviction, to
determine whether, under the particular circumstances, the
alien is eligible for cancellation of removal, adjustment to
permanent resident status on a conditional basis, or other
adjustment of status.
(4) DACA recipients.--With respect to an alien granted
DACA, the Secretary shall cancel the removal of the alien and
adjust the status of the alien to the status of an alien
lawfully admitted for permanent residence on a conditional
basis unless, since the date on which the alien was granted
DACA, the alien has engaged in conduct that would render an
alien ineligible for DACA.
(5) Application fee.--
(A) In general.--The Secretary may require an alien
applying for permanent resident status on a conditional basis
to pay a reasonable fee that is commensurate with the cost of
processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) only if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 1-year period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 1-year period
immediately preceding the date on which the alien files an
application under

[[Page S1081]]

this section, that is less than 150 percent of the poverty
line; or
(iv)(I) during the 1-year period immediately preceding the
date on which the alien files an application under this
section, accumulated $10,000 or more in debt as a result of
unreimbursed medical expenses incurred by the alien or an
immediate family member of the alien; and
(II) received total income, during the 1-year period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(6) Submission of biometric and biographic data.--
(A) In general.--The Secretary may not grant an alien
permanent resident status on a conditional basis unless the
alien submits biometric and biographic data, in accordance
with procedures established by the Secretary.
(B) Alternative procedure.--The Secretary shall provide an
alternative procedure for any alien who is unable to provide
the biometric or biographic data referred to in subparagraph
(A) due to a physical impairment.
(7) Background checks.--
(A) Requirement for background checks.--The Secretary shall
use biometric, biographic, and other data that the Secretary
determines to be appropriate--
(i) to conduct security and law enforcement background
checks of an alien seeking permanent resident status on a
conditional basis; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for permanent resident status on a conditional
basis.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary grants
the alien permanent resident status on a conditional basis.
(C) Criminal records requests.--With respect to an alien
seeking permanent resident status on a conditional basis, the
Secretary, in cooperation with the Secretary of State, shall
seek to obtain from INTERPOL, EUROPOL, or any other
international or national law enforcement agency of the
country of nationality, country of citizenship, or country of
last habitual residence of the alien, information about any
criminal activity--
(i) in which the alien engaged in the country of
nationality, country of citizenship, or country of last
habitual residence of the alien; or
(ii) for which the alien was convicted in the country of
nationality, country of citizenship, or country of last
habitual residence of the alien.
(8) Medical examination.--
(A) Requirement.--An alien applying for permanent resident
status on a conditional basis shall undergo a medical
examination.
(B) Policies and procedures.--The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination under subparagraph (A).
(9) Military selective service.--An alien applying for
permanent resident status on a conditional basis shall
establish that the alien has registered under the Military
Selective Service Act (50 U.S.C. 3801 et seq.), if the alien
is subject to registration under that Act.
(c) Determination of Continuous Presence.--
(1) Termination of continuous period.--Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis shall not terminate on the date on which the alien is
served a notice to appear under section 239(a) of the
Immigration and Nationality Act (8 U.S.C. 1229(a)).
(2) Treatment of certain breaks in presence.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), an alien shall be considered to have failed to
maintain continuous physical presence in the United States
under subsection (b)(1)(A) if the alien has departed from the
United States for any period greater than 90 days or for any
periods, in the aggregate, greater than 180 days.
(B) Extensions for extenuating circumstances.--The
Secretary may extend the time periods described in
subparagraph (A) for an alien who demonstrates that the
failure to timely return to the United States was due to
extenuating circumstances beyond the control of the alien,
including the serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child
of the alien.
(C) Travel authorized by the secretary.--Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under subparagraph
(A).
(d) Limitation on Removal of Certain Aliens.--
(1) In general.--The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for
relief under this section.
(2) Aliens subject to removal.--With respect to an alien
who is in removal proceedings, the subject of a final removal
order, or the subject of a voluntary departure order, the
Attorney General shall provide the alien with a reasonable
opportunity to apply for relief under this section.
(3) Certain aliens enrolled in elementary or secondary
school.--
(A) Stay of removal.--The Attorney General shall stay the
removal proceedings of an alien who--
(i) meets all the requirements under subparagraphs (A),
(B), and (C) of subsection (b)(1), subject to paragraphs (2)
and (3) of that subsection;
(ii) is at least 5 years of age; and
(iii) is enrolled in an elementary school, a secondary
school, or an early childhood education program.
(B) Commencement of removal proceedings.--The Secretary may
not commence removal proceedings for an alien described in
subparagraph (A).
(C) Employment.--An alien whose removal is stayed pursuant
to subparagraph (A) or who may not be placed in removal
proceedings pursuant to subparagraph (B) shall, upon
application to the Secretary, be granted an employment
authorization document.
(D) Lift of stay.--The Secretary or Attorney General may
not lift the stay granted to an alien under subparagraph (A)
unless the alien ceases to meet the requirements under such
subparagraph.
(e) Exemption From Numerical Limitations.--Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
granted permanent resident status on a conditional basis.

SEC. 203. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL
BASIS.

(a) Period of Status.--Permanent resident status on a
conditional basis is--
(1) valid for a period of 8 years, unless that period is
extended by the Secretary; and
(2) subject to termination under subsection (c).
(b) Notice of Requirements.--At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this subtitle and the requirements to have the
conditional basis of such status removed.
(c) Termination of Status.--The Secretary may terminate the
permanent resident status on a conditional basis of an alien
only if the Secretary--
(1) determines that the alien ceases to meet the
requirements under paragraph (1)(C) of section 203(b),
subject to paragraphs (2) and (3) of that section; and
(2) prior to the termination, provides the alien--
(A) notice of the proposed termination; and
(B) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise contest the
termination.
(d) Return to Previous Immigration Status.--
(1) In general.--Except as provided in paragraph (2), the
immigration status of an alien whose permanent resident
status on a conditional basis expires under subsection (a)(1)
or is terminated under subsection (c) or whose application
for permanent resident status on a conditional basis is
denied shall return to the immigration status of the alien on
the day before the date on which the alien received permanent
resident status on a conditional basis or applied for such
status, as appropriate.
(2) Special rule for temporary protected status.--An alien
whose permanent resident status on a conditional basis
expires under subsection (a)(1) or is terminated under
subsection (c) or whose application for permanent resident
status on a conditional basis is denied and who had temporary
protected status under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a) immediately before receiving
or applying for permanent resident status on a conditional
basis, as appropriate, may not return to temporary protected
status if--
(A) the relevant designation under section 244(b) of the
Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been
terminated; or
(B) the Secretary determines that the reason for
terminating the permanent resident status on a conditional
basis renders the alien ineligible for temporary protected
status.
(e) Ineligibility for Public Benefits.--An alien who has
been granted permanent resident status on a conditional basis
shall not be eligible for any Federal means-tested public
benefit (within the meaning of section 403 of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613)) until the date on which the conditional
permanent resident status of the alien is removed.

SEC. 204. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.

(a) Eligibility for Removal of Conditional Basis.--
(1) In general.--Subject to paragraph (2), the Secretary
shall remove the conditional basis of the permanent resident
status of an alien granted under this subtitle and grant the
alien status as an alien lawfully admitted for permanent
residence if the alien--
(A) is described in paragraph (1)(C) of section 203(b),
subject to paragraphs (2) and (3) of that section;
(B) has not abandoned the residence of the alien in the
United States;
(C)(i) has acquired a degree from an institution of higher
education or has completed

[[Page S1082]]

at least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States;
(ii)(I) has served in the Uniformed Services for at least 2
years; or
(II) in the case of an alien who has been discharged from
the Uniformed Services, has received an honorable discharge;
or
(iii) has been employed for periods totaling at least 3
years and at least 75 percent of the time that the alien has
had a valid employment authorization, except that any period
during which the alien is not employed while having a valid
employment authorization and is enrolled in an institution of
higher education, a secondary school, or an education program
described in section 203(b)(1)(D)(iii), shall not count
toward the time requirements under this clause; and
(D)(i) has paid any applicable Federal tax liability
incurred by the alien during the entire period for which the
alien was in permanent resident status on a conditional
basis; or
(ii) has entered into an agreement to pay the applicable
Federal tax liability incurred by the alien during the entire
period for which the alien was in permanent resident status
on a conditional basis through a payment installment plan
approved by the Commissioner of Internal Revenue.
(2) Hardship exception.--
(A) In general.--The Secretary shall remove the conditional
basis of the permanent resident status of an alien and grant
the alien status as an alien lawfully admitted for permanent
residence if the alien--
(i) satisfies the requirements under subparagraphs (A) and
(B) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to satisfy the requirements under subparagraph (C)
of such paragraph; and
(iii) demonstrates that--

(I) the alien has a disability;
(II) the alien is a full-time caregiver of a minor child;
or
(III) the removal of the alien from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent, or child who is a national of the United
States or is lawfully admitted for permanent residence.

(3) Citizenship requirement.--
(A) In general.--Except as provided in subparagraph (B),
the conditional basis of the permanent resident status
granted to an alien under this subtitle may not be removed
unless the alien demonstrates that the alien satisfies the
requirements under section 312(a) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)).
(B) Exception.--Subparagraph (A) shall not apply to an
alien who is unable to meet the requirements under section
312(a) of the Immigration and Nationality Act (8 U.S.C.
1423(a)) due to disability.
(4) Application fee.--
(A) In general.--The Secretary may require an alien
applying for lawful permanent resident status under this
section to pay a reasonable fee that is commensurate with the
cost of processing the application.
(B) Exemption.--An applicant may be exempted from paying
the fee required under subparagraph (A) only if the alien--
(i)(I) is younger than 18 years of age;
(II) received total income, during the 1-year period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
(III) is in foster care or otherwise lacking any parental
or other familial support;
(ii) is younger than 18 years of age and is homeless;
(iii)(I) cannot care for himself or herself because of a
serious, chronic disability; and
(II) received total income, during the 1-year period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
(iv)(I) during the 1-year period immediately preceding the
date on which the alien files an application under this
section, the alien accumulated $10,000 or more in debt as a
result of unreimbursed medical expenses incurred by the alien
or an immediate family member of the alien; and
(II) received total income, during the 1-year period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
(5) Submission of biometric and biographic data.--
(A) In general.--The Secretary may not remove the
conditional basis of the permanent resident status of an
alien unless the alien submits biometric and biographic data,
in accordance with procedures established by the Secretary.
(B) Alternative procedure.--The Secretary shall provide an
alternative procedure for any applicant who is unable to
provide the biometric or biographic data referred to in
subparagraph (A) due to physical impairment.
(6) Background checks.--
(A) Requirement for background checks.--The Secretary shall
use biometric, biographic, and other data that the Secretary
determines to be appropriate--
(i) to conduct security and law enforcement background
checks of an alien applying for removal of the conditional
basis of the permanent resident status of the alien; and
(ii) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for removal of the conditional basis if the
permanent resident status of the alien.
(B) Completion of background checks.--The security and law
enforcement background checks of an alien required under
subparagraph (A) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary removes
the conditional basis of the permanent resident status of the
alien.
(b) Naturalization.--
(1) In general.--For purposes of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and to be present in the United States, as an alien
lawfully admitted for permanent residence.
(2) Limitations on application for naturalization.--
(A) In general.--An alien may not be naturalized--
(i) on any date on which the alien is in permanent resident
status on a conditional basis; or
(ii) before the date that is 12 years after the date on
which the alien was granted permanent resident status on a
conditional basis.
(B) Reduction in period.--
(i) In general.--Subject to clause (ii), the 12-year period
referred to in subparagraph (A)(ii) shall be reduced by the
number of days that the alien was a DACA recipient.
(ii) Limitation.--Notwithstanding clause (i), the 12-year
period may not be reduced by more than 2 years.
(C) Advanced filing date.--With respect to an alien granted
permanent resident status on a conditional basis, the alien
may file an application for naturalization not more than 90
days before the date on which the applicant meets the
requirements for naturalization under subparagraph (A).

SEC. 205. DOCUMENTATION REQUIREMENTS.

(a) Documents Establishing Identity.--An alien's
application for permanent resident status on a conditional
basis may include, as proof of identity--
(1) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
(2) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
(3) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
(4) a Uniformed Services identification card issued by the
Department of Defense;
(5) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
(6) a State-issued identification card bearing the alien's
name and photograph.
(b) Documents Establishing Continuous Physical Presence in
the United States.--To establish that an alien has been
continuously physically present in the United States, as
required under section 203(b)(1)(A), or to establish that an
alien has not abandoned residence in the United States, as
required under section 205(a)(1)(B), the alien may submit
documents to the Secretary, including--
(1) employment records that include the employer's name and
contact information;
(2) records from any educational institution the alien has
attended in the United States;
(3) records of service from the Uniformed Services;
(4) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(5) passport entries;
(6) a birth certificate for a child of the alien who was
born in the United States;
(7) automobile license receipts or registration;
(8) deeds, mortgages, or rental agreement contracts;
(9) tax receipts;
(10) insurance policies;
(11) remittance records;
(12) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
(13) copies of money order receipts for money sent in or
out of the United States;
(14) dated bank transactions; or
(15) 2 or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain--
(A) the name, address, and telephone number of the affiant;
and
(B) the nature and duration of the relationship between the
affiant and the alien.
(c) Documents Establishing Initial Entry Into the United
States.--To establish under section 203(b)(1)(B) that an
alien was younger than 18 years of age on the date on which
the alien initially entered the United States, an alien may
submit documents to the Secretary, including--
(1) an admission stamp on the alien's passport;
(2) records from any educational institution the alien has
attended in the United States;
(3) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;

[[Page S1083]]

(4) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
(5) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and
the alien's address;
(6) employment records that include the employer's name and
contact information;
(7) official records from a religious entity confirming the
alien's participation in a religious ceremony;
(8) a birth certificate for a child of the alien who was
born in the United States;
(9) automobile license receipts or registration;
(10) deeds, mortgages, or rental agreement contracts;
(11) tax receipts;
(12) travel records;
(13) copies of money order receipts sent in or out of the
country;
(14) dated bank transactions;
(15) remittance records; or
(16) insurance policies.
(d) Documents Establishing Admission to an Institution of
Higher Education.--To establish that an alien has been
admitted to an institution of higher education, the alien
shall submit to the Secretary a document from the institution
of higher education certifying that the alien--
(1) has been admitted to the institution; or
(2) is currently enrolled in the institution as a student.
(e) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.--To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien shall submit to the Secretary
a diploma or other document from the institution stating that
the alien has received such a degree.
(f) Documents Establishing Receipt of High School Diploma,
General Educational Development Certificate, or a Recognized
Equivalent.--To establish that an alien has earned a high
school diploma or a commensurate alternative award from a
public or private high school, or has obtained a general
educational development certificate recognized under State
law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary--
(1) a high school diploma, certificate of completion, or
other alternate award;
(2) a high school equivalency diploma or certificate
recognized under State law; or
(3) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
(g) Documents Establishing Enrollment in an Educational
Program.--To establish that an alien is enrolled in any
school or education program described in section
203(b)(1)(D)(iii), 203(d)(3)(A)(iii), or 205(a)(1)(C)(i), the
alien shall submit school records from the United States
school that the alien is currently attending that include--
(1) the name of the school; and
(2) the alien's name, periods of attendance, and current
grade or educational level.
(h) Documents Establishing Exemption From Application
Fees.--To establish that an alien is exempt from an
application fee under section 203(b)(5)(B) or 205(a)(4)(B),
the alien shall submit to the Secretary the following
relevant documents:
(1) Documents to establish age.--To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection (a), that establishes
that the alien is younger than 18 years of age.
(2) Documents to establish income.--To establish the
alien's income, the alien shall provide--
(A) employment records that have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency;
(B) bank records; or
(C) at least 2 sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien.
(3) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.--To
establish that the alien was in foster care, lacks parental
or familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn
affidavits from individuals who are not related to the alien
and who have direct knowledge of the circumstances that
contain--
(A) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, is homeless, or
has a serious, chronic disability, as appropriate;
(B) the name, address, and telephone number of the affiant;
and
(C) the nature and duration of the relationship between the
affiant and the alien.
(4) Documents to establish unpaid medical expense.--To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that--
(A) bear the provider's name and address;
(B) bear the name of the individual receiving treatment;
and
(C) document that the alien has accumulated $10,000 or more
in debt in the past 12 months as a result of unreimbursed
medical expenses incurred by the alien or an immediate family
member of the alien.
(i) Documents Establishing Qualification for Hardship
Exemption.--To establish that an alien satisfies 1 of the
criteria for the hardship exemption described in section
205(a)(2)(A)(iii), the alien shall submit to the Secretary at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain--
(1) the name, address, and telephone number of the affiant;
and
(2) the nature and duration of the relationship between the
affiant and the alien.
(j) Documents Establishing Service in the Uniformed
Services.--To establish that an alien has served in the
Uniformed Services for at least 2 years and, if discharged,
received an honorable discharge, the alien shall submit to
the Secretary--
(1) a Department of Defense form DD-214;
(2) a National Guard Report of Separation and Record of
Service form 22;
(3) personnel records for such service from the appropriate
Uniformed Service; or
(4) health records from the appropriate Uniformed Service.
(k) Documents Establishing Employment.--
(1) In general.--An alien may satisfy the employment
requirement under section 205(a)(1)(C)(iii) by submitting
records that--
(A) establish compliance with such employment requirement;
and
(B) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
(2) Other documents.--An alien who is unable to submit the
records described in paragraph (1) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including--
(A) bank records;
(B) business records;
(C) employer records;
(D) records of a labor union, day labor center, or
organization that assists workers in employment;
(E) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain--
(i) the name, address, and telephone number of the affiant;
and
(ii) the nature and duration of the relationship between
the affiant and the alien; and
(F) remittance records.
(l) Authority to Prohibit Use of Certain Documents.--If the
Secretary determines, after publication in the Federal
Register and an opportunity for public comment, that any
document or class of documents does not reliably establish
identity or that permanent resident status on a conditional
basis is being obtained fraudulently to an unacceptable
degree, the Secretary may prohibit or restrict the use of
such document or class of documents.

SEC. 206. RULEMAKING.

(a) Initial Publication.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register regulations implementing this subtitle.
(2) Affirmative application.--The regulations published
under paragraph (1) shall allow any eligible individual to
immediately apply affirmatively for the relief available
under section 203 without being placed in removal
proceedings.
(b) Interim Regulations.--Notwithstanding section 553 of
title 5, United States Code, the regulations published
pursuant to subsection (a)(1) shall be effective, on an
interim basis, immediately on publication in the Federal
Register, but may be subject to change and revision after
public notice and opportunity for a period of public comment.
(c) Final Regulations.--Not later than 180 days after the
date on which interim regulations are published under this
section, the Secretary shall publish final regulations
implementing this subtitle.
(d) Paperwork Reduction Act.--The requirements under
chapter 35 of title 44, United States Code, (commonly known
as the ``Paperwork Reduction Act'') shall not apply to any
action to implement this subtitle.

SEC. 207. CONFIDENTIALITY OF INFORMATION.

(a) In General.--The Secretary may not disclose or use for
the purpose of immigration enforcement any information
provided in--
(1) an application filed under this subtitle; or
(2) a request for DACA.
(b) Referrals Prohibited.--The Secretary may not refer to
U.S. Immigration and Customs Enforcement, U.S. Customs and
Border Protection, or any designee of U.S. Immigration and
Customs Enforcement or U.S. Customs and Border Protection any
individual who--
(1) has been granted permanent resident status on a
conditional basis; or
(2) was granted DACA.
(c) Limited Exception.--Notwithstanding subsections (a) and
(b), information provided in an application for permanent
resident status on a conditional basis or a request for

[[Page S1084]]

DACA may be shared with a Federal security or law enforcement
agency--
(1) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
(2) to identify or prevent fraudulent claims;
(3) for national security purposes; or
(4) for the investigation or prosecution of any felony not
related to immigration status.
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
______