Securing America's Future Act of 2018
This bill amends the Immigration and Nationality Act to revise immigrant visa allocation provisions, including family-related visas. A nonimmigrant classification for parents of adult U.S. citizens is created.
The diversity visa program is eliminated.
Annual immigration levels are revised.
The limit on the worldwide level of employment-based immigrants is increased.
The H-2C visa temporary agricultural worker program is revised. A trust fund is established to provide incentives for such workers to return to their country of origin.
DNA testing to establish family relationships is authorized.
Employment eligibility verification provisions are revised. The Department of Homeland Security (DHS) shall establish an employment verification system.
No federal, state, or local government entity or individual may prohibit or restrict a federal, state, or local government entity or official from complying with the immigration laws or assisting related federal law enforcement activities.
The bill revises provisions regarding: (1) detention of aliens in removal proceedings; (2) illegal entry and reentry; (3) inadmissibility and deportability of criminal aliens, gang members, drunk drivers, and sex offenders; (4) repatriation; (5) asylum and asylum fraud; (6) unaccompanied alien children; (7) foreign students; and (8) visa fraud.
The bill: (1) transfers authority for strengthening the southern border from the Department of Justice to DHS; (2) revises border security provisions; (3) provides for additional border security personnel; (4) authorizes new ports of entry along the northern border and southern borders; (5) authorizes National Guard border security activities; (6) provides contingent nonimmigrant status for certain aliens who entered the United States as minors; (7) authorizes appropriations for specified border barriers and infrastructure; and (8) establishes Operation Stonegarden to make border security grants to law enforcement agencies.
DHS shall: (1) submit a southern border threat analysis, (2) establish the Integrated Border Enforcement Team program, (3) implement the Border Security Deployment Program, (4) review social media activities of visa applicants, and (5) establish a biometric exit data system.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4760 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4760
To amend the immigration laws and the homeland security laws, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2018
Mr. Goodlatte (for himself, Mr. McCaul, Mr. Labrador, Ms. McSally, Mr.
Sensenbrenner, and Mr. Carter of Texas) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Education and the Workforce, Homeland Security,
Foreign Affairs, Ways and Means, Armed Services, Oversight and
Government Reform, Agriculture, Transportation and Infrastructure, and
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the immigration laws and the homeland security laws, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Securing America's
Future Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--LEGAL IMMIGRATION REFORM
TITLE I--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.
TITLE II--AGRICULTURAL WORKER REFORM
Sec. 2101. Short title.
Sec. 2102. H-2C temporary agricultural work visa program.
Sec. 2103. Admission of temporary H-2C workers.
Sec. 2104. Mediation.
Sec. 2105. Migrant and seasonal agricultural worker protection.
Sec. 2106. Binding arbitration.
Sec. 2107. Eligibility for health care subsidies and refundable tax
credits; required health insurance
coverage.
Sec. 2108. Study of establishment of an agricultural worker employment
pool.
Sec. 2109. Prevailing wage.
Sec. 2110. Effective dates; sunset; regulations.
Sec. 2111. Report on compliance and violations.
TITLE III--VISA SECURITY
Sec. 3101. Cancellation of additional visas.
Sec. 3102. Visa information sharing.
Sec. 3103. Restricting waiver of visa interviews.
Sec. 3104. Authorizing the Department of State to not interview certain
ineligible visa applicants.
Sec. 3105. Visa refusal and revocation.
Sec. 3106. Petition and application processing for visas and
immigration benefits.
Sec. 3107. Fraud prevention.
Sec. 3108. Visa ineligibility for spouses and children of drug
traffickers.
Sec. 3109. DNA testing.
Sec. 3110. Access to NCIC criminal history database for diplomatic
visas.
Sec. 3111. Elimination of signed photograph requirement for visa
applications.
Sec. 3112. Additional fraud detection and prevention.
DIVISION B--INTERIOR IMMIGRATION ENFORCEMENT
TITLE I--LEGAL WORKFORCE ACT
Sec. 1101. Short title.
Sec. 1102. Employment eligibility verification process.
Sec. 1103. Employment eligibility verification system.
Sec. 1104. Recruitment, referral, and continuation of employment.
Sec. 1105. Good faith defense.
Sec. 1106. Preemption and States' rights.
Sec. 1107. Repeal.
Sec. 1108. Penalties.
Sec. 1109. Fraud and misuse of documents.
Sec. 1110. Protection of Social Security Administration programs.
Sec. 1111. Fraud prevention.
Sec. 1112. Use of employment eligibility verification photo tool.
Sec. 1113. Identity authentication employment eligibility verification
pilot programs.
Sec. 1114. Inspector General audits.
TITLE II--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 ice detainers.
Sec. 2204. Sarah and Grant's law.
Sec. 2205. Clarification of congressional intent.
Sec. 2206. Penalties for illegal entry or presence.
TITLE III--CRIMINAL ALIENS
Sec. 3301. Precluding admissibility of aliens convicted of aggravated
felonies or other serious offenses.
Sec. 3302. Increased penalties barring the admission of convicted sex
offenders failing to register and requiring
deportation of sex offenders failing to
register.
Sec. 3303. Grounds of inadmissibility and deportability for alien gang
members.
Sec. 3304. Inadmissibility and deportability of drunk drivers.
Sec. 3305. Definition of aggravated felony.
Sec. 3306. Precluding withholding of removal for aggravated felons.
Sec. 3307. Protecting immigrants from convicted sex offenders.
Sec. 3308. Clarification to crimes of violence and crimes involving
moral turpitude.
Sec. 3309. Detention of dangerous aliens.
Sec. 3310. Timely repatriation.
Sec. 3311. Illegal reentry.
TITLE IV--ASYLUM REFORM
Sec. 4401. Clarification of intent regarding taxpayer-provided counsel.
Sec. 4402. Credible fear interviews.
Sec. 4403. Recording expedited removal and credible fear interviews.
Sec. 4404. Safe third country.
Sec. 4405. Renunciation of asylum status pursuant to return to home
country.
Sec. 4406. Notice concerning frivolous asylum applications.
Sec. 4407. Anti-fraud investigative work product.
Sec. 4408. Penalties for asylum fraud.
Sec. 4409. Statute of limitations for asylum fraud.
Sec. 4410. Technical amendments.
TITLE V--UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS APPREHENDED ALONG
THE BORDER
Sec. 5501. Repatriation of unaccompanied alien children.
Sec. 5502. Special immigrant juvenile status for immigrants unable to
reunite with either parent.
Sec. 5503. Jurisdiction of asylum applications.
Sec. 5504. Quarterly report to Congress.
Sec. 5505. Biannual report to Congress.
Sec. 5506. Clarification of standards for family detention.
DIVISION C--BORDER ENFORCEMENT
Sec. 1100. Short title.
TITLE I--BORDER SECURITY
Sec. 1101. Definitions.
Subtitle A--Infrastructure and Equipment
Sec. 1111. Strengthening the requirements for barriers along the
southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Capability deployment to specific sectors and transit zone.
Sec. 1114. U.S. Border Patrol activities.
Sec. 1115. Border security technology program management.
Sec. 1116. Reimbursement of States for deployment of the National Guard
at the southern border.
Sec. 1117. National Guard support to secure the southern border.
Sec. 1118. Prohibitions on actions that impede border security on
certain Federal land.
Sec. 1119. Landowner and rancher security enhancement.
Sec. 1120. Eradication of carrizo cane and salt cedar.
Sec. 1121. Southern border threat analysis.
Sec. 1122. Amendments to U.S. Customs and Border Protection.
Sec. 1123. Agent and officer technology use.
Sec. 1124. Integrated Border Enforcement Teams.
Sec. 1125. Tunnel Task Forces.
Sec. 1126. Pilot program on use of electromagnetic spectrum in support
of border security operations.
Sec. 1127. Homeland security foreign assistance.
Subtitle B--Personnel
Sec. 1131. Additional U.S. Customs and Border Protection agents and
officers.
Sec. 1132. U.S. Customs and Border Protection retention incentives.
Sec. 1133. Anti-Border Corruption Reauthorization Act.
Sec. 1134. Training for officers and agents of U.S. Customs and Border
Protection.
Subtitle C--Grants
Sec. 1141. Operation Stonegarden.
Subtitle D--Authorization of Appropriations
Sec. 1151. Authorization of appropriations.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Secure communications.
Sec. 2103. Border security deployment program.
Sec. 2104. Pilot and upgrade of license plate readers at ports of
entry.
Sec. 2105. Non-intrusive inspection operational demonstration.
Sec. 2106. Biometric exit data system.
Sec. 2107. Sense of Congress on cooperation between agencies.
Sec. 2108. Authorization of appropriations.
Sec. 2109. Definition.
TITLE III--VISA SECURITY AND INTEGRITY
Sec. 3101. Visa security.
Sec. 3102. Electronic passport screening and biometric matching.
Sec. 3103. Reporting of visa overstays.
Sec. 3104. Student and exchange visitor information system
verification.
Sec. 3105. Social media review of visa applicants.
TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND ELIMINATION
Sec. 4101. Short title.
Sec. 4102. Unlawfully hindering immigration, border, and customs
controls.
DIVISION D--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS
Sec. 1101. Definitions.
Sec. 1102. Contingent nonimmigrant status for certain aliens who
entered the United States as minors.
Sec. 1103. Administrative and judicial review.
Sec. 1104. Penalties and signature requirements.
Sec. 1105. Rulemaking.
Sec. 1106. Statutory construction.
DIVISION A--LEGAL IMMIGRATION REFORM
TITLE I--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 striking subsection (c) and inserting the following:
``(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. Such immigrants 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
turns 25 years of age prior to 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 so 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--
(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 division D of the
Securing America's Future Act.''.
(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) with respect to
a parent of a United States citizen, or under section
203(a)(1), (2)(B), (3) or (4) of such Act (8 U.S.C.
1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). 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) with respect to a parent of a United
States citizen, or under section 203(a)(1), (2)(B), (3)
or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i),
1153(a)(1), (2)(B), (3), or (4)). 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 the first day of fiscal year 2019 and shall apply to the
visas made available in that 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 adding before the semicolon at the
end the following: ``, 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''.
TITLE II--AGRICULTURAL WORKER REFORM
SEC. 2101. SHORT TITLE.
This title may be cited as--
(1) the ``Agricultural Guestworker Act''; or
(2) the ``AG Act''.
SEC. 2102. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.
(a) In General.--Section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking ``; or
(iii)'' and inserting ``, or (c) having a residence in a foreign
country which he has no intention of abandoning who is coming
temporarily to the United States to perform agricultural labor or
services; or (iii)''.
(b) Definition.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is
amended by adding at the end the following:
``(53) The term `agricultural labor or services' has the meaning
given such term by the Secretary of Agriculture in regulations and
includes--
``(A) agricultural labor as defined in section 3121(g) of
the Internal Revenue Code of 1986;
``(B) agriculture as defined in section 3(f) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(f));
``(C) the handling, planting, drying, packing, packaging,
processing, freezing, or grading prior to delivery for storage
of any agricultural or horticultural commodity in its
unmanufactured state;
``(D) all activities required for the preparation,
processing or manufacturing of a product of agriculture (as
such term is defined in such section 3(f)) for further
distribution;
``(E) forestry-related activities;
``(F) aquaculture activities; and
``(G) the primary processing of fish or shellfish, except
that in regard to labor or services consisting of meat or
poultry processing, the term `agricultural labor or services'
only includes the killing of animals and the breakdown of their
carcasses.''.
SEC. 2103. ADMISSION OF TEMPORARY H-2C WORKERS.
(a) Procedure for Admission.--Chapter 2 of title II of the
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 218 the following:
``SEC. 218A. ADMISSION OF TEMPORARY H-2C WORKERS.
``(a) Definitions.--In this section and section 218B:
``(1) Displace.--The term `displace' means to lay off a
United States worker from the job for which H-2C workers are
sought.
``(2) Job.--The term `job' refers to all positions with an
employer that--
``(A) involve essentially the same
responsibilities;
``(B) are held by workers with substantially
equivalent qualifications and experience; and
``(C) are located in the same place or places of
employment.
``(3) Employer.--The term `employer' includes a single or
joint employer, including an association acting as a joint
employer with its members, who hires workers to perform
agricultural labor or services.
``(4) Forestry-related activities.--The term `forestry-
related activities' includes tree planting, timber harvesting,
logging operations, brush clearing, vegetation management,
herbicide application, the maintenance of rights-of-way
(including for roads, trails, and utilities), regardless of
whether such right-of-way is on forest land, and the harvesting
of pine straw.
``(5) H-2C worker.--The term `H-2C worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(c).
``(6) Lay off.--
``(A) In general.--The term `lay off'--
``(i) means to cause a worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace
rules, cause, voluntary departure, voluntary
retirement, or the expiration of a grant or
contract (other than a temporary employment
contract entered into in order to evade a
condition described in paragraph (4) of
subsection (b)); and
``(ii) does not include any situation in
which the worker is offered, as an alternative
to such loss of employment, a similar position
with the same employer at equivalent or higher
wages and benefits than the position from which
the employee was discharged, regardless of
whether or not the employee accepts the offer.
``(B) Construction.--Nothing in this paragraph is
intended to limit an employee's rights under a
collective bargaining agreement or other employment
contract.
``(7) United states worker.--The term `United States
worker' means any worker who is--
``(A) a citizen or national of the United States;
or
``(B) an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207, or is granted asylum under section 208.
``(8) Special procedures industry.--The term `special
procedures industry' includes sheepherding, goat herding, and
the range production of livestock, itinerant commercial
beekeeping and pollination, itinerant animal shearing, and
custom combining and harvesting.
``(b) Petition.--An employer that seeks to employ aliens as H-2C
workers under this section shall file with the Secretary of Homeland
Security a petition attesting to the following:
``(1) Offer of employment.--The employer will offer
employment to the aliens on a contractual basis as H-2C workers
under this section for a specific period of time during which
the aliens may not work on an at-will basis (as provided for in
section 218B), and such contract shall only be required to
include a description of each place of employment, period of
employment, wages and other benefits to be provided, and the
duties of the positions.
``(2) Temporary labor or services.--
``(A) In general.--The employer is seeking to
employ a specific number of H-2C workers on a temporary
basis and will provide compensation to such workers at
a wage rate no less than that set forth in subsection
(k)(2).
``(B) Definition.--For purposes of this paragraph,
a worker is employed on a temporary basis if the
employer intends to employ the worker for no longer
than the time period set forth in subsection (n)(1)
(subject to the exceptions in subsection (n)(3)).
``(3) Benefits, wages, and working conditions.--The
employer will provide, at a minimum, the benefits, wages, and
working conditions required by subsection (k) to all workers
employed in the job for which the H-2C workers are sought.
``(4) Nondisplacement of united states workers.--The
employer did not displace and will not displace United States
workers employed by the employer during the period of
employment of the H-2C workers and during the 30-day period
immediately preceding such period of employment in the job for
which the employer seeks approval to employ H-2C workers.
``(5) Recruitment.--
``(A) In general.--The employer--
``(i) conducted adequate recruitment before
filing the petition; and
``(ii) was unsuccessful in locating
sufficient numbers of willing and qualified
United States workers for the job for which the
H-2C workers are sought.
``(B) Other requirements.--The recruitment
requirement under subparagraph (A) is satisfied if the
employer places a local job order with the State
workforce agency serving each place of employment,
except that nothing in this subparagraph shall require
the employer to file an interstate job order under
section 653 of title 20, Code of Federal Regulations.
The State workforce agency shall post the job order on
its official agency website for a minimum of 30 days
and not later than 3 days after receipt using the
employment statistics system authorized under section
15 of the Wagner-Peyser Act (29 U.S.C. 49l-2). The
Secretary of Labor shall include links to the official
Web sites of all State workforce agencies on a single
webpage of the official Web site of the Department of
Labor.
``(C) End of recruitment requirement.--The
requirement to recruit United States workers for a job
shall terminate on the first day that work begins for
the H-2C workers.
``(6) Offers to united states workers.--The employer has
offered or will offer the job for which the H-2C workers are
sought to any eligible United States workers who--
``(A) apply;
``(B) are qualified for the job; and
``(C) will be available at the time, at each place,
and for the duration, of need.
This requirement shall not apply to United States workers who
apply for the job on or after the first day that work begins
for the H-2C workers.
``(7) Provision of insurance.--If the job for which the H-
2C workers are sought is not covered by State workers'
compensation law, the employer will provide, at no cost to the
workers unless State law provides otherwise, insurance covering
injury and disease arising out of, and in the course of, the
workers' employment, which will provide benefits at least equal
to those provided under the State workers compensation law for
comparable employment.
``(8) Strike or lockout.--The job that is the subject of
the petition is not vacant because the former workers in that
job are on strike or locked out in the course of a labor
dispute.
``(c) Public Examination.--Not later than 1 working day after the
date on which a petition under this section is filed, the employer
shall make the petition available for public examination, at the
employer's principal place of employment.
``(d) List.--
``(1) In general.--The Secretary of Homeland Security shall
maintain a list of the petitions filed under this subsection,
which shall--
``(A) be sorted by employer; and
``(B) include the number of H-2C workers sought,
the wage rate, the period of employment, each place of
employment, and the date of need for each alien.
``(2) Availability.--The Secretary of Homeland Security
shall make the list available for public examination.
``(e) Petitioning for Admission.--
``(1) Consideration of petitions.--For petitions filed and
considered under this subsection--
``(A) the Secretary of Homeland Security may not
require such petition to be filed more than 28 days
before the first date the employer requires the labor
or services of H-2C workers;
``(B) within the appropriate time period under
subparagraph (C) or (D), the Secretary of Homeland
Security shall--
``(i) approve the petition;
``(ii) reject the petition; or
``(iii) determine that the petition is
incomplete or obviously inaccurate or that the
employer has not complied with the requirements
of subsection (b)(5)(A)(i) (which the Secretary
can ascertain by verifying whether the employer
has placed a local job order as provider for in
subsection (b)(5)(B));
``(C) if the Secretary determines that the petition
is incomplete or obviously inaccurate, or that the
employer has not complied with the requirements of
subsection (b)(5)(A)(i) (which the Secretary can
ascertain by verifying whether the employer has placed
a local job order as provider for in subsection
(b)(5)(B)), the Secretary shall--
``(i) within 5 business days of receipt of
the petition, notify the petitioner of the
deficiencies to be corrected by means ensuring
same or next day delivery; and
``(ii) within 5 business days of receipt of
the corrected petition, approve or reject the
petition and provide the petitioner with notice
of such action by means ensuring same or next
day delivery; and
``(D) if the Secretary does not determine that the
petition is incomplete or obviously inaccurate, the
Secretary shall not later than 10 business days after
the date on which such petition was filed, either
approve or reject the petition and provide the
petitioner with notice of such action by means ensuring
same or next day delivery.
``(2) Access.--By filing an H-2C petition, the petitioner
and each employer (if the petitioner is an association that is
a joint employer of workers who perform agricultural labor or
services) consent to allow access to each place of employment
to the Department of Agriculture and the Department of Homeland
Security for the purpose of investigations and audits to
determine compliance with the immigration laws (as defined in
section 101(a)(17)).
``(f) Roles of Agricultural Associations.--
``(1) Treatment of associations acting as employers.--If an
association is a joint employer of workers who perform
agricultural labor or services, H-2C workers may be transferred
among its members to perform the agricultural labor or services
on a temporary basis for which the petition was approved.
``(2) Treatment of violations.--
``(A) Individual member.--If an individual member
of an association that is a joint employer commits a
violation described in paragraph (2) or (3) of
subsection (i) or subsection (j)(1), the Secretary of
Agriculture shall invoke penalties pursuant to
subsections (i) and (j) against only that member of the
association unless the Secretary of Agriculture
determines that the association participated in, had
knowledge of, or had reason to know of the violation.
``(B) Association of agricultural employers.--If an
association that is a joint employer commits a
violation described in subsections (i)(2) and (3) or
(j)(1), the Secretary of Agriculture shall invoke
penalties pursuant to subsections (i) and (j) against
only the association and not any individual members of
the association, unless the Secretary determines that
the member participated in the violation.
``(g) Expedited Administrative Appeals.--The Secretary of Homeland
Security shall promulgate regulations to provide for an expedited
procedure for the review of a denial of a petition under this section
by the Secretary. At the petitioner's request, the review shall include
a de novo administrative hearing at which new evidence may be
introduced.
``(h) Fees.--The Secretary of Homeland Security shall require, as a
condition of approving the petition, the payment of a fee to recover
the reasonable cost of processing the petition.
``(i) Enforcement.--
``(1) Investigations and audits.--The Secretary of
Agriculture shall be responsible for conducting investigations
and audits, including random audits, of employers to ensure
compliance with the requirements of the H-2C program. All
monetary fines levied against employers shall be paid to the
Department of Agriculture and used to enhance the Department of
Agriculture's investigative and auditing abilities to ensure
compliance by employers with their obligations under this
section.
``(2) Violations.--If the Secretary of Agriculture finds,
after notice and opportunity for a hearing, a failure to
fulfill an attestation required by this subsection, or a
material misrepresentation of a material fact in a petition
under this subsection, the Secretary--
``(A) may impose such administrative remedies
(including civil money penalties in an amount not to
exceed $1,000 per violation) as the Secretary
determines to be appropriate; and
``(B) may disqualify the employer from the
employment of H-2C workers for a period of 1 year.
``(3) Willful violations.--If the Secretary of Agriculture
finds, after notice and opportunity for a hearing, a willful
failure to fulfill an attestation required by this subsection,
or a willful misrepresentation of a material fact in a petition
under this subsection, the Secretary--
``(A) may impose such administrative remedies
(including civil money penalties in an amount not to
exceed $5,000 per violation, or not to exceed $15,000
per violation if in the course of such failure or
misrepresentation the employer displaced one or more
United States workers employed by the employer during
the period of employment of H-2C workers or during the
30-day period immediately preceding such period of
employment) in the job the H-2C workers are performing
as the Secretary determines to be appropriate;
``(B) may disqualify the employer from the
employment of H-2C workers for a period of 2 years;
``(C) may, for a subsequent failure to fulfill an
attestation required by this subsection, or a
misrepresentation of a material fact in a petition
under this subsection, disqualify the employer from the
employment of H-2C workers for a period of 5 years; and
``(D) may, for a subsequent willful failure to
fulfill an attestation required by this subsection, or
a willful misrepresentation of a material fact in a
petition under this subsection, permanently disqualify
the employer from the employment of H-2C workers.
``(j) Failure To Pay Wages or Required Benefits.--
``(1) In general.--If the Secretary of Agriculture finds,
after notice and opportunity for a hearing, that the employer
has failed to provide the benefits, wages, and working
conditions that the employer has attested that it would provide
under this subsection, the Secretary shall require payment of
back wages, or such other required benefits, due any United
States workers or H-2C workers employed by the employer.
``(2) Amount.--The back wages or other required benefits
described in paragraph (1)--
``(A) shall be equal to the difference between the
amount that should have been paid and the amount that
was paid to such workers; and
``(B) shall be distributed to the workers to whom
such wages or benefits are due.
``(k) Minimum Wages, Benefits, and Working Conditions.--
``(1) Preferential treatment of h-2c workers prohibited.--
``(A) In general.--Each employer seeking to hire
United States workers for the job the H-2C workers will
perform shall offer such United States workers not less
than the same benefits, wages, and working conditions
that the employer will provide to the H-2C workers. No
job offer may impose on United States workers any
restrictions or obligations which will not be imposed
on H-2C workers.
``(B) Interpretation.--Every interpretation and
determination made under this section or under any
other law, regulation, or interpretative provision
regarding the nature, scope, and timing of the
provision of these and any other benefits, wages, and
other terms and conditions of employment shall be made
so that--
``(i) the services of workers to their
employers and the employment opportunities
afforded to workers by the employers, including
those employment opportunities that require
United States workers or H-2C workers to travel
or relocate in order to accept or perform
employment--
``(I) mutually benefit such
workers, as well as their families, and
employers; and
``(II) principally benefit neither
employer nor employee; and
``(ii) employment opportunities within the
United States benefit the United States
economy.
``(2) Required wages.--
``(A) In general.--Each employer petitioning for H-
2C workers under this subsection (other than in the
case of workers who will perform agricultural labor or
services consisting of meat or poultry processing) will
offer the H-2C workers, during the period of authorized
employment as H-2C workers, wages that are at least the
greatest of--
``(i) the applicable State or local minimum
wage;
``(ii) 115 percent of the Federal minimum
wage, or 150 percent of the Federal minimum
wage; or
``(iii) the actual wage level paid by the
employer to all other individuals in the job.
``(B) Special rules.--
``(i) Alternate wage payment systems.--An
employer can utilize a piece rate or other
alternative wage payment system so long as the
employer guarantees each worker a wage rate
that equals or exceeds the amount required
under subparagraph (A) for the total hours
worked in each pay period. Compensation from a
piece rate or other alternative wage payment
system shall include time spent during rest
breaks, moving from job to job, clean up, or
any other nonproductive time, provided that
such time does not exceed 20 percent of the
total hours in the work day.
``(ii) Meat or poultry processing.--Each
employer petitioning for H-2C workers under
this subsection who will perform agricultural
labor or services consisting of meat or poultry
processing will offer the H-2C workers, during
the period of authorized employment as H-2C
workers, wages that are at least the greatest
of--
``(I) the applicable State or local
minimum wage;
``(II) 115 percent of the Federal
minimum wage;
``(III) the prevailing wage level
for the occupational classification in
the area of employment; or
``(IV) the actual wage level paid
by the employer to all other
individuals in the job.
``(3) Employment guarantee.--
``(A) In general.--
``(i) Requirement.--Each employer
petitioning for workers under this subsection
shall guarantee to offer the H-2C workers and
United States workers performing the same job
employment for the hourly equivalent of not
less than 50 percent of the work hours set
forth in the work contract.
``(ii) Failure to meet guarantee.--If an
employer affords the United States workers or
the H-2C workers less employment than that
required under this subparagraph, the employer
shall pay such workers the amount which the
workers would have earned if the workers had
worked for the guaranteed number of hours.
``(B) Calculation of hours.--Any hours which
workers fail to work, up to a maximum of the number of
hours specified in the work contract for a work day,
when the workers have been offered an opportunity to do
so, and all hours of work actually performed (including
voluntary work in excess of the number of hours
specified in the work contract in a work day) may be
counted by the employer in calculating whether the
period of guaranteed employment has been met.
``(C) Limitation.--If the workers abandon
employment before the end of the work contract period,
or are terminated for cause, the workers are not
entitled to the 50 percent guarantee described in
subparagraph (A).
``(D) Termination of employment.--
``(i) In general.--If, before the
expiration of the period of employment
specified in the work contract, the services of
the workers are no longer required due to any
form of natural disaster, including flood,
hurricane, freeze, earthquake, fire, drought,
plant or animal disease, pest infestation,
regulatory action, or any other reason beyond
the control of the employer before the
employment guarantee in subparagraph (A) is
fulfilled, the employer may terminate the
workers' employment.
``(ii) Requirements.--If a worker's
employment is terminated under clause (i), the
employer shall--
``(I) fulfill the employment
guarantee in subparagraph (A) for the
work days that have elapsed during the
period beginning on the first work day
and ending on the date on which such
employment is terminated;
``(II) make efforts to transfer the
worker to other comparable employment
acceptable to the worker; and
``(III) not later than 72 hours
after termination, notify the Secretary
of Agriculture of such termination and
stating the nature of the contract
impossibility.
``(l) Nondelegation.--The Department of Agriculture and the
Department of Homeland Security shall not delegate their investigatory,
enforcement, or administrative functions relating to this section or
section 218B to other agencies or departments of the Federal
Government.
``(m) Compliance With Bio-Security Protocols.--Except in the case
of an imminent threat to health or safety, any personnel from a Federal
agency or Federal grantee seeking to determine the compliance of an
employer with the requirements of this section or section 218B shall,
when visiting such employer's place of employment, make their presence
known to the employer and sign-in in accordance with reasonable bio-
security protocols before proceeding to any other area of the place of
employment.
``(n) Limitation on H-2C Workers' Stay in Status.--
``(1) Maximum period.--The maximum continuous period of
authorized status as an H-2C worker (including any extensions)
is 18 months for workers employed in a job that is of a
temporary or seasonal nature. For H-2C workers employed in a
job that is not of a temporary or seasonal nature, the initial
maximum continuous period of authorized status is 36 months and
subsequent maximum continuous periods of authorized status are
18 months.
``(2) Requirement to remain outside the united states.--In
the case of H-2C workers who were employed in a job of a
temporary or seasonal nature whose maximum continuous period of
authorized status as H-2C workers (including any extensions)
have expired, the aliens may not again be eligible to be H-2C
workers until they remain outside the United States for a
continuous period equal to at least \1/12\ of the duration of
their previous period of authorized status an H-2C workers. For
H-2C workers who were employed in a job not of a temporary or
seasonal nature whose maximum continuous period of authorized
status as H-2C workers (including any extensions) have expired,
the aliens may not again be eligible to be H-2C workers until
they remain outside the United States for a continuous period
equal to at least the lesser of \1/12\ of the duration of their
previous period of authorized status as H-2C workers or 45
days.
``(3) Exceptions.--
``(A) The Secretary of Homeland Security shall
deduct absences from the United States that take place
during an H-2C worker's period of authorized status
from the period that the alien is required to remain
outside the United States under paragraph (2), if the
alien or the alien's employer requests such a
deduction, and provides clear and convincing proof that
the alien qualifies for such a deduction. Such proof
shall consist of evidence such as arrival and departure
records, copies of tax returns, and records of
employment abroad.
``(B) There is no maximum continuous period of
authorized status as set forth in paragraph (1) or a
requirement to remain outside the United States as set
forth in paragraph (2) for H-2C workers employed as a
sheepherder, goatherder, in the range production of
livestock, or who return to the workers' permanent
residence outside the United States each day.
``(o) Period of Admission.--
``(1) In general.--In addition to the maximum continuous
period of authorized status, workers' authorized period of
admission shall include--
``(A) a period of not more than 7 days prior to the
beginning of authorized employment as H-2C workers for
the purpose of travel to the place of employment; and
``(B) a period of not more than 14 days after the
conclusion of their authorized employment for the
purpose of departure from the United States or a period
of not more than 30 days following the employment for
the purpose of seeking a subsequent offer of employment
by an employer pursuant to a petition under this
section (or pursuant to at-will employment under
section 218B during such times as that section is in
effect) if they have not reached their maximum
continuous period of authorized employment under
subsection (n) (subject to the exceptions in subsection
(n)(3)) unless they accept subsequent offers of
employment as H-2C workers or are otherwise lawfully
present.
``(2) Failure to depart.--H-2C workers who do not depart
the United States within the periods referred to in paragraph
(1) will be considered to have failed to maintain nonimmigrant
status as H-2C workers and shall be subject to removal under
section 237(a)(1)(C)(i). Such aliens shall be considered to be
inadmissible pursuant to section 212(a)(9)(B)(i) for having
been unlawfully present, with the aliens considered to have
been unlawfully present for 181 days as of the 15th day
following their period of employment for the purpose of
departure or as of the 31st day following their period of
employment for the purpose of seeking subsequent offers of
employment.
``(p) Abandonment of Employment.--
``(1) Report by employer.--Not later than 72 hours after an
employer learns of the abandonment of employment by H-2C
workers before the conclusion of their work contracts, the
employer shall notify the Secretary of Agriculture and the
Secretary of Homeland Security of such abandonment.
``(2) Replacement of aliens.--An employer may designate
eligible aliens to replace H-2C workers who abandon employment
notwithstanding the numerical limitation found in section
214(g)(1)(C).
``(q) Change to H-2C Status.--
``(1) Waiver.--In the case of an alien described in
paragraph (4), the Secretary of Homeland Security shall waive
the ground of inadmissibility under paragraphs (6)(C) and
(9)(B) of section 212(a) with respect to conduct that occurred
prior to the alien first receiving status as an H-2C worker,
solely in order to provide the alien with such status.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) was unlawfully present in the United States
on October 23, 2017;
``(B) performed agricultural labor or services in
the United States for at least 5.75 hours during each
of at least 180 days during the 2-year period ending on
October 23, 2017; and
``(C) has departed the United States within 180
days of the issuance of final rules carrying out the AG
Act, and remains outside the United States.
``(r) Trust Fund To Assure Worker Return.--
``(1) Establishment.--There is established in the Treasury
of the United States a trust fund (in this section referred to
as the `Trust Fund') for the purpose of providing a monetary
incentive for H-2C workers to return to their country of origin
upon expiration of their visas.
``(2) Withholding of wages; payment into the trust fund.--
``(A) In general.--Notwithstanding the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) and State
and local wage laws, all employers of H-2C workers
shall withhold from the wages of all H-2C workers other
than those employed as sheepherders, goatherders, in
the range production of livestock, or who return to the
their permanent residence outside the United States
each day, an amount equivalent to 10 percent of the
gross wages of each worker in each pay period and, on
behalf of each worker, transfer such withheld amount to
the Trust Fund.
``(B) Jobs that are not of a temporary or seasonal
nature.--Employers of H-2C workers employed in jobs
that are not of a temporary or seasonal nature, other
than those employed as a sheepherder, goatherder, or in
the range production of livestock, shall also pay into
the Trust Fund an amount equivalent to the Federal tax
on the wages paid to H-2C workers that the employer
would be obligated to pay under chapters 21 and 23 of
the Internal Revenue Code of 1986 had the H-2C workers
been subject to such chapters.
``(3) Distribution of funds.--Amounts paid into the Trust
Fund on behalf of an H-2C worker, and held pursuant to
paragraph (2)(A) and interest earned thereon, shall be
transferred from the Trust Fund to the Secretary of Homeland
Security, who shall distribute them to the worker if the
worker--
``(A) applies to the Secretary of Homeland Security
(or the designee of the Secretary) for payment within
120 days of the expiration of the alien's last
authorized stay in the United States as an H-2C worker,
for which they seek amounts from the Trust Fund;
``(B) establishes to the satisfaction of the
Secretary of Homeland Security that they have complied
with the terms and conditions of the H-2C program;
``(C) once approved by the Secretary of Homeland
Security for payment, physically appears at a United
States embassy or consulate in the worker's home
country; and
``(D) establishes their identity to the
satisfaction of the Secretary of Homeland Security.
``(4) Administrative expenses.--The amounts paid into the
Trust Fund and held pursuant to paragraph (2)(B), and interest
earned thereon, shall be distributed annually to the Secretary
of Agriculture and the Secretary of Homeland Security in
amounts proportionate to the expenses incurred by such
officials in the administration and enforcement of the terms of
the H-2C program.
``(5) Law enforcement.--Notwithstanding any other provision
of law, amounts paid into the Trust Fund under paragraph (2),
and interest earned thereon, that are not needed to carry out
paragraphs (3) and (4) shall, to the extent provided in advance
in appropriations Acts, be made available until expended
without fiscal year limitation to the Secretary of Homeland
Security to apprehend, detain, and remove aliens inadmissible
to or deportable from the United States.
``(6) Investment of trust fund.--
``(A) In general.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the
Trust Fund as is not, in the Secretary's judgment,
required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both
principal and interest by the United States.
``(B) Credits to trust fund.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Trust Fund shall be credited to
and form a part of the Trust Fund.
``(C) Report to congress.--It shall be the duty of
the Secretary of the Treasury to hold the Trust Fund,
and (after consultation with the Secretary of Homeland
Security) to report to the Congress each year on the
financial condition and the results of the operations
of the Trust Fund during the preceding fiscal year and
on its expected condition and operations during the
next fiscal year. Such report shall be printed as both
a House and a Senate document of the session of the
Congress in which the report is made.
``(s) Procedures for Special Procedures Industries.--
``(1) Work locations.--The Secretary of Homeland Security
shall permit an employer in a Special Procedures Industry that
does not operate at a single fixed place of employment to
provide, as part of its petition, a list of places of
employment, which--
``(A) may include an itinerary; and
``(B) may be subsequently amended at any time by
the employer, after notice to the Secretary.
``(2) Wages.--Notwithstanding subsection (k)(2), the
Secretary of Agriculture may establish monthly, weekly, or
biweekly wage rates for occupations in a Special Procedures
Industry for a State or other geographic area. For an employer
in a Special Procedures Industry that typically pays a monthly
wage, the Secretary shall require that H-2C workers be paid not
less frequently than monthly and at a rate no less than the
legally required monthly cash wage in an amount as re-
determined annually by the Secretary.
``(3) Allergy limitation.--An employer engaged in the
commercial beekeeping or pollination services industry may
require that job applicants be free from bee-related allergies,
including allergies to pollen and bee venom.''.
(b) At-Will Employment.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting
after section 218A (as inserted by subsection (a) of this section) the
following:
``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.
``(a) In General.--An employer that is designated as a `registered
agricultural employer' pursuant to subsection (c) may employ aliens as
H-2C workers. However, an H-2C worker may only perform labor or
services pursuant to this section if the worker is already lawfully
present in the United States as an H-2C worker, having been admitted or
otherwise provided nonimmigrant status pursuant to section 218A, and
has completed the period of employment specified in the job offer the
worker accepted pursuant to section 218A or the employer has terminated
the worker's employment pursuant to section 218A(k)(3)(D)(i). An H-2C
worker who abandons the employment which was the basis for admission or
status pursuant to section 218A may not perform labor or services
pursuant to this section until the worker has returned to their home
country, been readmitted as an H-2C worker pursuant to section 218A and
has completed the period of employment specified in the job offer the
worker accepted pursuant to section 218A or the employer has terminated
the worker's employment pursuant to section 218A(k)(3)(D)(i).
``(b) Period of Stay.--H-2C workers performing at-will labor or
services for a registered agricultural employer are subject to the
period of admission, limitation of stay in status, and requirement to
remain outside the United States contained in subsections (o) and (n)
of section 218A, except that subsection (n)(3)(A) does not apply.
``(c) Registered Agricultural Employers.--The Secretary of
Agriculture shall establish a process to accept and adjudicate
applications by employers to be designated as registered agricultural
employers. The Secretary shall require, as a condition of approving the
application, the payment of a fee to recover the reasonable cost of
processing the application. The Secretary shall designate an employer
as a registered agricultural employer if the Secretary determines that
the employer--
``(1) employs (or plans to employ) individuals who perform
agricultural labor or services;
``(2) has not been subject to debarment from receiving
temporary agricultural labor certifications pursuant to section
101(a)(15)(H)(ii)(a) within the last three years;
``(3) has not been subject to disqualification from the
employment of H-2C workers within the last five years;
``(4) agrees to, if employing H-2C workers pursuant to this
section, fulfill the attestations contained in section 218A(b)
as if it had submitted a petition making those attestations
(excluding subsection (k)(3) of such section) and not to employ
H-2C workers who have reached their maximum continuous period
of authorized status under section 218A(n) (subject to the
exceptions contained in section 218A(n)(3)) or if the workers
have complied with the terms of section 218A(n)(2); and
``(5) agrees to notify the Secretary of Agriculture and the
Secretary of Homeland Security each time it employs H-2C
workers pursuant to this section within 72 hours of the
commencement of employment and within 72 hours of the cessation
of employment.
``(d) Length of Designation.--An employer's designation as a
registered agricultural employer shall be valid for 3 years, and the
Secretary may extend such designation for additional 3-year terms upon
the reapplication of the employer. The Secretary shall revoke a
designation before the expiration of its 3-year term if the employer is
subject to disqualification from the employment of H-2C workers
subsequent to being designated as a registered agricultural employer.
``(e) Enforcement.--The Secretary of Agriculture shall be
responsible for conducting investigations and audits, including random
audits, of employers to ensure compliance with the requirements of this
section. All monetary fines levied against employers shall be paid to
the Department of Agriculture and used to enhance the Department of
Agriculture's investigatory and audit abilities to ensure compliance by
employers with their obligations under this section and section 218A.
The Secretary of Agriculture's enforcement powers and an employer's
liability described in subsections (i) through (j) of section 218A are
applicable to employers employing H-2C workers pursuant to this
section.''.
(c) Prohibition on Family Members.--Section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by
striking ``him;'' at the end and inserting ``him, except that no spouse
or child may be admitted under clause (ii)(c);''.
(d) Numerical Cap.--Section 214(g)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) under section 101(a)(15)(H)(ii)(c)--
``(i) except as otherwise provided under this
subparagraph, may not exceed 40,000 for aliens issued
visas or otherwise provided nonimmigrant status under
such section for the purpose of performing agricultural
labor or services consisting or meat or poultry
processing;
``(ii) except as otherwise provided under this
subparagraph, may not exceed 410,000 for aliens issued
visas or otherwise provided nonimmigrant status under
such section for the purpose of performing agricultural
labor or services other than agricultural labor or
services consisting of meat or poultry processing;
``(iii) if the base allocation under clause (i) or
(ii) is exhausted during any fiscal year, the base
allocation under such clause for that and subsequent
fiscal years shall be increased by the lesser of 10
percent or a percentage representing the number of
petitioned-for aliens (as a percentage of the base
allocation) who would be eligible to be issued visas or
otherwise provided nonimmigrant status described in
that clause during that fiscal year but for the base
allocation being exhausted, and if the increased base
allocation is itself exhausted during a subsequent
fiscal year, the base allocation for that and
subsequent fiscal years shall be further increased by
the lesser of 10 percent or a percentage representing
the number of petitioned-for aliens (as a percentage of
the increased base allocation) who would be eligible to
be issued visas or otherwise provided nonimmigrant
status described in that clause during that fiscal year
but for the increased base allocation being exhausted
(subject to clause (iv));
``(iv) if the base allocation under clause (i) or
(ii) is not exhausted during any fiscal year, the base
allocation under such clause for subsequent fiscal
years shall be decreased by the greater of 5 percent or
a percentage representing the unutilized portion of the
base allocation (as a percentage of the base
allocation) during that fiscal year, and if in a
subsequent fiscal year the decreased base allocation is
itself not exhausted, the base allocation for fiscal
years subsequent to that fiscal year shall be further
decreased by the greater of 5 percent or a percentage
representing the unutilized portion of the decreased
base allocation (as a percentage of the decreased base
allocation) during that fiscal year (subject to clause
(iii) and except that the base allocations under
clauses (ii) shall not fall below 410,000);
``(v) the numerical limitations under this
subparagraph shall not apply to any alien--
``(I) who--
``(aa) was physically present in
the United States on October 23, 2017;
and
``(bb) performed agricultural labor
or services in the United States for at
least 5.75 hours during each of at
least 180 days during the 2-year period
ending on October 23, 2017; or
``(II) who has previously been issued a
visa or otherwise provided nonimmigrant status
pursuant to subclause (a) or (b) of section
101(a)(15)(H)(ii), but only to the extent that
the alien is being petitioned for by an
employer pursuant to section 218A(b) who
previously employed the alien pursuant to
subclause (a) or (b) of section
101(a)(15)(H)(ii) beginning no later than
October 23, 2017.''.
(e) Intent.--Section 214(b) of the Immigration and Nationality Act
(8 U.S.C. 1184(b)) is amended by striking ``section 101(a)(15)(H)(i)
except subclause (b1) of such section'' and inserting ``clause (i),
except subclause (b1), or (ii)(c) of section 101(a)(15)(H)''.
(f) 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 218 the following:
``Sec. 218B. At-will employment of temporary H-2C workers.''.
SEC. 2104. MEDIATION.
Nonimmigrants having status under section 101(a)(15)(H)(ii)(c) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c))
may not bring civil actions for damages against their employers, nor
may any other attorneys or individuals bring civil actions for damages
on behalf of such nonimmigrants against the nonimmigrants' employers,
unless at least 90 days prior to bringing an action a request has been
made to the Federal Mediation and Conciliation Service to assist the
parties in reaching a satisfactory resolution of all issues involving
all parties to the dispute and mediation has been attempted.
SEC. 2105. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION.
Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by striking
``under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and
Nationality Act.'' and inserting ``under subclauses (a) and (c) of
section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and
Nationality Act.''.
SEC. 2106. BINDING ARBITRATION.
(a) Applicability.--H-2C workers may, as a condition of employment
with an employer, be subject to mandatory binding arbitration and
mediation of any grievance relating to the employment relationship. An
employer shall provide any such workers with notice of such condition
of employment at the time it makes job offers.
(b) Allocation of Costs.--Any cost associated with such arbitration
and mediation process shall be equally divided between the employer and
the H-2C workers, except that each party shall be responsible for the
cost of its own counsel, if any.
(c) Definitions.--As used in this section:
(1) The term ``condition of employment'' means a term,
condition, obligation, or requirement that is part of the job
offer, such as the term of employment, job responsibilities,
employee conduct standards, and the grievance resolution
process, and to which applicants or prospective H-2C workers
must consent or accept in order to be hired for the position.
(2) The term ``H-2C worker'' means a nonimmigrant described
in section 218A(a)(5) of the Immigration and Nationality Act,
as added by this title.
SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND REFUNDABLE TAX
CREDITS; REQUIRED HEALTH INSURANCE COVERAGE.
(a) Health Care Subsidies.--H-2C workers (as defined in section
218A(a)(5) of the Immigration and Nationality Act, as added by this
title)--
(1) are 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
(2) 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.--H-2C workers (as defined in section
218A(a)(5) of the Immigration and Nationality Act, as added by this
title), shall not be allowed any credit under sections 24 and 32 of the
Internal Revenue Code of 1986. In the case of a joint return, no credit
shall be allowed under either such section if both spouses are such
workers or aliens.
(c) Requirement Regarding Health Insurance Coverage.--
Notwithstanding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) and State and local wage laws, not later than 21 days after being
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(c)), an alien must obtain health insurance coverage
accepted in their State or States of employment and residence for the
period of employment specified in section 218A(b)(1) of the Immigration
and Nationality Act. H-2C workers under sections 218A or 218B of the
Immigration and Nationality Act who do not obtain and maintain the
required insurance coverage will be considered to have failed to
maintain nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the
Immigration and Nationality Act and shall be subject to removal under
section 237(a)(1)(C)(i) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(1)(C)(i)).
SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICULTURAL WORKER EMPLOYMENT
POOL.
(a) Study.--The Secretary of Agriculture shall conduct a study on
the feasibility of establishing an agricultural worker employment pool
and an electronic Internet-based portal to assist H-2C workers (as such
term is defined in section 218A of the Immigration and Nationality
Act), prospective H-2C workers, and employers to identify job
opportunities in the H-2C program and willing, able and available
workers for the program, respectively.
(b) Contents.--The study required under subsection (a) shall
include an analysis of--
(1) the cost of creating such a pool and portal;
(2) potential funding sources or mechanisms to support the
creation and maintenance of the pool and portal;
(3) with respect to H-2C workers and prospective H-2C
workers in the pool, the data that would be relevant for
employers;
(4) the merits of assisting H-2C workers and employers in
identifying job opportunities and willing, able, and available
workers, respectively; and
(5) other beneficial uses for such a pool and portal.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Agriculture shall submit to the
Committees on the Judiciary of the House of Representatives and the
Senate a report containing the results of the study required under
subsection (a).
SEC. 2109. PREVAILING WAGE.
Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
1182(p)) is amended--
(1) in paragraph (1), by inserting after ``subsections
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the
following: ``of this section and section 218A(k)(2)(B)(ii)'';
and
(2) in paragraph (3), by inserting after ``subsections
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the
following: ``of this section and section 218A(k)(2)(B)(ii)''.
SEC. 2110. EFFECTIVE DATES; SUNSET; REGULATIONS.
(a) Effective Dates; Regulations.--
(1) In general.--Sections 2102 and 2104 through 2106 of
this title, subsections (a) and (c) through (f) of section 2103
of this title, and the amendments made by the sections, shall
take effect on the date on which the Secretary issues the rules
under paragraph (3), and the Secretary of Homeland Security
shall accept petitions pursuant to section 218A of the
Immigration and Nationality Act, as inserted by this Act,
beginning no later than that date. Sections 2107 and 2109 of
this title shall take effect on the date of the enactment of
this Act.
(2) At-will employment.--Section 2103(b) of this title and
the amendments made by that subsection shall take effect when--
(A) it becomes unlawful for all persons or other
entities to hire, or to recruit or refer for a fee, for
employment in the United States an individual (as
provided in section 274A(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)(1))) without
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) or an employment eligibility verification system
patterned on such program's verification system; and
(B) the E-Verify Program responds to inquiries made
by such persons or entities described in subparagraph
(A) by providing confirmation, tentative
nonconfirmation, and final nonconfirmation of an
individual's identity and employment eligibility in
such a way that indicates whether the individual is
eligible to be employed in all occupations or only to
perform agricultural labor or services under sections
218A and 219B of the Immigration and Nationality Act,
as added by section 2103 of this title, and if the
latter, whether the nonimmigrant would be in compliance
with their maximum continuous period of authorized
status and requirement to remain outside the United
States under section 218A(n) of such Act, as added by
section 2103(a) of this title, and on what date the
alien would cease to be in compliance with their
maximum continuous period of authorized status.
(3) Regulations.--Notwithstanding any other provision of
law, not later than the first day of the seventh month that
begins after the date of the enactment of this Act, the
Secretary of Homeland Security shall issue final rules, on an
interim or other basis, to carry out this title.
(b) Operation and Sunset of the H-2A Program.--
(1) Application of existing regulations.--The Department of
Labor H-2A program regulations published at 73 Federal Register
77110 et seq. (2008) shall be in force for all petitions
approved under sections 101(a)(15)(H)(ii)(a) and 218 of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on the date of
the enactment of this Act, except that the following, as in
effect on such date, shall remain in effect, and, to the extent
that any rule published at 73 Federal Register 77110 et seq. is
in conflict, such rule shall have no force and effect:
(A) Paragraph (a) and subparagraphs (1) and (3) of
paragraph (b) of section 655.200 of title 20, Code of
Federal Regulations.
(B) Section 655.201 of title 20, Code of Federal
Regulations, except the paragraphs entitled
``Production of Livestock'' and ``Range''.
(C) Paragraphs (c), (d) and (e) of section 655.210
of title 20, Code of Federal Regulations.
(D) Section 655.230 of title 20, Code of Federal
Regulations.
(E) Section 655.235 of title 20, Code of Federal
Regulations.
(F) The Special Procedures Labor Certification
Process for Employers in the Itinerant Animal Shearing
Industry under the H-2A Program in effect under the
Training and Employment Guidance Letter No. 17-06,
Change 1, Attachment B, Section II, with an effective
date of October 1, 2011.
(2) Sunset.--Beginning on the date on which employers can
file petitions pursuant to section 218A of the Immigration and
Nationality Act, as added by section 2103(a) of this title, no
new petitions under sections 101(a)(15)(H)(ii)(a) and 218 of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted.
SEC. 2111. REPORT ON COMPLIANCE AND VIOLATIONS.
(a) In General.--Not later than 1 year after the first day on which
employers can file petitions pursuant to section 218A of the
Immigration and Nationality Act, as added by section 2103(a) of this
title, the Secretary of Homeland Security, in consultation with the
Secretary of Agriculture, shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a report on
compliance by H-2C workers with the requirements of this title and the
Immigration and Nationality Act, as amended by this title. In the case
of a violation of a term or condition of the temporary agricultural
work visa program established by this title, the report shall identify
the provision or provisions of law violated.
(b) Definition.--As used in this section, the term ``H-2C worker''
means a nonimmigrant described in section 218A(a)(4) of the Immigration
and Nationality Act, as added by section 2103(a) of this title.
TITLE III--VISA SECURITY
SEC. 3101. CANCELLATION OF ADDITIONAL VISAS.
(a) In General.--Section 222(g) of the Immigration and Nationality
Act (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by inserting ``and any other nonimmigrant visa
issued by the United States that is in the possession
of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
a visa issued before, on, or after such date.
SEC. 3102. 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. 3103. 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. 3104. AUTHORIZING THE DEPARTMENT OF STATE TO NOT INTERVIEW CERTAIN
INELIGIBLE VISA APPLICANTS.
(a) In General.--Section 222(h)(1) of the Immigration and
Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting ``the
alien is determined by the Secretary of State to be ineligible for a
visa based upon review of the application or'' after ``unless''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall issue guidance to
consular officers on the standards and processes for implementing the
authority to deny visa applications without interview in cases where
the alien is determined by the Secretary of State to be ineligible for
a visa based upon review of the application.
(c) Reports.--Not less frequently than once each quarter, the
Secretary of State shall submit to the Congress a report on the denial
of visa applications without interview, including--
(1) the number of such denials; and
(2) a post-by-post breakdown of such denials.
SEC. 3105. 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. 3106. PETITION AND APPLICATION PROCESSING FOR VISAS AND
IMMIGRATION BENEFITS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 211 the following:
``SEC. 211A. PETITION AND APPLICATION PROCESSING.
``(a) Signature Requirement.--
``(1) In general.--No petition or application filed with
the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an
alien to the United States as an immigrant or as a nonimmigrant
may be approved unless the petition or application is signed by
each party required to sign such petition or application.
``(2) Applications for immigrant visas.--Except as may be
otherwise prescribed by regulations, each application for an
immigrant visa shall be signed by the applicant in the presence
of the consular officer, and verified by the oath of the
applicant administered by the consular officer.
``(b) Completion Requirement.--No petition or application filed
with the Secretary of Homeland Security or with a consular officer
relating to the issuance of a visa or to the admission of an alien to
the United States as an immigrant or as a nonimmigrant may be approved
unless each applicable portion of the petition or application has been
completed.
``(c) Translation Requirement.--No document submitted in support of
a petition or application for a nonimmigrant or immigrant visa may be
accepted by a consular officer if such document contains information in
a foreign language, unless such document is accompanied by a full
English translation, which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.
``(d) Requests for Additional Information.--In the case that the
Secretary of Homeland Security or a consular officer requests any
additional information relating to a petition or application filed with
the Secretary or consular officer relating to the issuance of a visa or
to the admission of an alien to the United States as an immigrant or as
a nonimmigrant, such petition or application may not be approved unless
all of the additional information requested is provided, or is shown to
have been previously provided, in complete form and is provided on or
before any reasonably established deadline included in the request.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 211 the following:
``Sec. 211A. Petition and application processing.''.
(c) Application.--The amendments made by this section shall apply
with respect to applications and petitions filed after the date of the
enactment of this Act.
SEC. 3107. FRAUD PREVENTION.
(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate a plan for the use of advanced
analytics software to ensure the proactive detection of fraud
in immigration benefits applications and petitions and to
ensure that any such applicant or petitioner does not pose a
threat to national security.
(2) Implementation of plan.--Not later than 1 year after
the date of the submission of the plan under paragraph (1), the
Secretary of Homeland Security shall begin implementation of
the plan.
(b) Benefits Fraud Assessment.--
(1) In general.--The Secretary of Homeland Security, acting
through the Fraud Detection and Nationality Security
Directorate, shall complete a benefit fraud assessment by
fiscal year 2021 on each of the following:
(A) Petitions by VAWA self-petitioners (as such
term is defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(51)).
(B) Applications or petitions for visas or status
under section 101(a)(15)(K) of such Act or under
section 201(b)(2) of such Act, in the case of spouses
(8 U.S.C. 1101(a)(15)(K)).
(C) Applications for visas or status under section
101(a)(27)(J) of such Act (8 U.S.C. 1101(a)(27)(J)).
(D) Applications for visas or status under section
101(a)(15)(U) of such Act (8 U.S.C. 1101(a)(15)(U)).
(E) Petitions for visas or status under section
101(a)(27)(C) of such Act (8 U.S.C. 1101(a)(27)(C)).
(F) Applications for asylum under section 208 of
such Act (8 U.S.C. 1158).
(G) Applications for adjustment of status under
section 209 of such Act (8 U.S.C. 1159).
(H) Petitions for visas or status under section
201(b) of such Act (8 U.S.C. 1151(b)).
(2) Reporting on findings.--Not later than 30 days after
the completion of each benefit fraud assessment under paragraph
(1), the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate such assessment and recommendations
on how to reduce the occurrence of instances of fraud
identified by the assessment.
SEC. 3108. 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. 3109. DNA TESTING.
Section 222(b) of the Immigration and Nationality Act (8 U.S.C.
1202(b)) is amended by inserting ``Where considered necessary, by the
consular officer or immigration official, to establish family
relationships, the immigrant shall provide DNA evidence of such a
relationship in accordance with procedures established for submitting
such evidence. The Secretary and the Secretary of State may, in
consultation, issue regulations to require DNA evidence to establish
family relationship, from applicants for certain visa
classifications.'' after ``and a certified copy of all other records or
documents concerning him or his case which may be required by the
consular officer.''.
SEC. 3110. ACCESS TO NCIC CRIMINAL HISTORY DATABASE FOR DIPLOMATIC
VISAS.
Subsection (a) of article V of section 217 of the National Crime
Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316(V)(a)) is
amended by inserting ``, except for diplomatic visa applications for
which only full biographical information is required'' before the
period at the end.
SEC. 3111. 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. 3112. 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)''.
DIVISION B--INTERIOR IMMIGRATION ENFORCEMENT
TITLE I--LEGAL WORKFORCE ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Legal Workforce Act''.
SEC. 1102. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period (as defined in subparagraph (E)), the
person or entity shall attest, under penalty of
perjury and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Legal Workforce Act, that it has verified that
the individual is not an unauthorized alien
by--
``(I) obtaining from the individual
the individual's social security
account number or United States
passport number and recording the
number on the form (if the individual
claims to have been issued such a
number), and, if the individual does
not attest to United States nationality
under subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document relating
to the individual presenting it
described in clause (ii); or
``(bb) a document relating
to the individual presenting it
described in clause (iii) and a
document relating to the
individual presenting it
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
driver's license or identification card
if it was issued by a State or American
Samoa and contains a photograph and
information such as name, date of
birth, gender, height, eye color, and
address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a handwritten or
electronic signature.
``(B) Individual attestation of employment
authorization.--During the verification period (as
defined in subparagraph (E)), the individual shall
attest, under penalty of perjury on the form designated
or established for purposes of subparagraph (A), that
the individual is a citizen or national of the United
States, an alien lawfully admitted for permanent
residence, or an alien who is authorized under this Act
or by the Secretary of Homeland Security to be hired,
recruited, or referred for such employment. Such
attestation may be manifested by either a handwritten
or electronic signature. The individual shall also
provide that individual's social security account
number or United States passport number (if the
individual claims to have been issued such a number),
and, if the individual does not attest to United States
nationality under this subparagraph, such
identification or authorization number established by
the Department of Homeland Security for the alien as
the Secretary may specify.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Department of Justice, or the
Department of Labor during a period
beginning on the date of the recruiting
or referral of the individual, or, in
the case of the hiring of an
individual, the date on which the
verification is completed, and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
the verification is completed
or one year after the date the
individual's employment is
terminated; and
``(II) during the verification
period (as defined in subparagraph
(E)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If
the person or other entity receives an
appropriate confirmation of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final confirmation of
such identity and work eligibility of
the individual.
``(II) Tentative nonconfirmation
received.--If the person or other
entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonconfirmation within the time period
specified, the nonconfirmation shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
final nonconfirmation. If the
individual does contest the
nonconfirmation, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonconfirmation becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
rescission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, the person or
entity merely has to assert that the
entity attempted to make the inquiry on
that day for the previous sentence to
apply to such an inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonconfirmation.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonconfirmation regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause
(iii), the provisions of this paragraph shall
apply to a person or other entity hiring an
individual for employment in the United States
as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Legal Workforce Act,
on the date that is 6 months after the
date of the enactment of such Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 12
months after the date of the enactment
of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 18
months after the date of the enactment
of such Act.
``(IV) With respect to employers
having 1 or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 24
months after the date of the enactment
of such Act.
``(ii) Recruiting and referring.--Except as
provided in clause (iii), the provisions of
this paragraph shall apply to a person or other
entity recruiting or referring an individual
for employment in the United States on the date
that is 12 months after the date of the
enactment of the Legal Workforce Act.
``(iii) Agricultural labor or services.--
With respect to an employee performing
agricultural labor or services, this paragraph
shall not apply with respect to the
verification of the employee until the date
that is 18 months after the date of the
enactment of the Legal Workforce Act. For
purposes of the preceding sentence, the term
`agricultural labor or services' has the
meaning given such term by the Secretary of
Agriculture in regulations and includes
agricultural labor as defined in section
3121(g) of the Internal Revenue Code of 1986,
agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or
grading prior to delivery for storage of any
agricultural or horticultural commodity in its
unmanufactured state, all activities required
for the preparation, processing or
manufacturing of a product of agriculture (as
such term is defined in such section 3(f)) for
further distribution, and activities similar to
all the foregoing as they relate to fish or
shellfish facilities. An employee described in
this clause shall not be counted for purposes
of clause (i).
``(iv) Extensions.--Upon request by an
employer having 50 or fewer employees, the
Secretary shall allow a one-time 6-month
extension of the effective date set out in this
subparagraph applicable to such employer. Such
request shall be made to the Secretary and
shall be made prior to such effective date.
``(v) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect
before the enactment of the Legal
Workforce Act.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Legal Workforce Act.
``(III) Any other provision of
Federal law requiring the person or
entity to participate 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), as in effect before
the effective date in section 7(c) of
the Legal Workforce Act, including
Executive Order 13465 (8 U.S.C. 1324a
note; relating to Government
procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is three
business days after the date of hire,
except as provided in clause (iii). The
offer of employment may be conditioned
in accordance with clause (ii).
``(ii) Job offer may be conditional.--A
person or other entity may offer a prospective
employee an employment position that is
conditioned on final verification of the
identity and employment eligibility of the
employee using the procedures established under
this paragraph.
``(iii) Special rule.--Notwithstanding
clause (i)(II), in the case of an alien who is
authorized for employment and who provides
evidence from the Social Security
Administration that the alien has applied for a
social security account number, the
verification period ends three business days
after the alien receives the social security
account number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the three business days
after the date on which the employee's work
authorization expires as follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 6
months after the date of the enactment of such
Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Legal Workforce Act, beginning on the date that
is 12 months after the date of the enactment of
such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 18
months after the date of the enactment of such
Act.
``(iv) With respect to employers having 1
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Legal
Workforce Act, beginning on the date that is 24
months after the date of the enactment of such
Act.
``(B) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services, or an employee recruited or referred by a
farm labor contractor (as defined in section 3 of the
Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1801)), subparagraph (A) shall not apply
with respect to the reverification of the employee
until the date that is 18 months after the date of the
enactment of the Legal Workforce Act. For purposes of
the preceding sentence, the term `agricultural labor or
services' has the meaning given such term by the
Secretary of Agriculture in regulations and includes
agricultural labor as defined in section 3121(g) of the
Internal Revenue Code of 1986, agriculture as defined
in section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)), the handling, planting, drying,
packing, packaging, processing, freezing, or grading
prior to delivery for storage of any agricultural or
horticultural commodity in its unmanufactured state,
all activities required for the preparation,
processing, or manufacturing of a product of
agriculture (as such term is defined in such section
3(f)) for further distribution, and activities similar
to all the foregoing as they relate to fish or
shellfish facilities. An employee described in this
subparagraph shall not be counted for purposes of
subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Legal Workforce Act, an
employer shall make an inquiry, as provided in
subsection (d), using the verification system
to seek verification of the identity and
employment eligibility of any individual
described in clause (ii) employed by the
employer whose employment eligibility has not
been verified under 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).
``(ii) Individuals described.--An
individual described in this clause is any of
the following:
``(I) An employee of any unit of a
Federal, State, or local government.
``(II) An employee who requires a
Federal security clearance working in a
Federal, State or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers to carry a Transportation
Worker Identification Credential
(TWIC).
``(III) An employee assigned to
perform work in the United States under
a Federal contract, except that this
subclause--
``(aa) is not applicable to
individuals who have a
clearance under Homeland
Security Presidential Directive
12 (HSPD 12 clearance), are
administrative or overhead
personnel, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contracts over the simple
acquisition threshold as
defined in section 2.101 of
title 48, Code of Federal
Regulations.
``(B) On a mandatory basis for multiple users of
same social security account number.--In the case of an
employer who is required by this subsection to use the
verification system described in subsection (d), or has
elected voluntarily to use such system, the employer
shall make inquiries to the system in accordance with
the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a social security account
number to which more than one employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to which
income is being reported as well as sufficient
information notifying the employee of the
process to contact the Social Security
Administration Fraud Hotline if the employee
believes the employee's identity may have been
stolen. The notice shall not share information
protected as private, in order to avoid any
recipient of the notice from being in the
position to further commit or begin committing
identity theft.
``(ii) If the person to whom the social
security account number was issued by the
Social Security Administration has been
identified and confirmed by the Commissioner,
and indicates that the social security account
number was used without their knowledge, the
Secretary and the Commissioner shall lock the
social security account number for employment
eligibility verification purposes and shall
notify the employers of the individuals who
wrongfully submitted the social security
account number that the employee may not be
work eligible.
``(iii) Each employer receiving such
notification of an incorrect social security
account number under clause (ii) shall use the
verification system described in subsection (d)
to check the work eligibility status of the
applicable employee within 10 business days of
receipt of the notification.
``(C) On a voluntary basis.--Subject to paragraph
(2), and subparagraphs (A) through (C) of this
paragraph, beginning on the date that is 30 days after
the date of the enactment of the Legal Workforce Act,
an employer may make an inquiry, as provided in
subsection (d), using the verification system to seek
verification of the identity and employment eligibility
of any individual employed by the employer. If an
employer chooses voluntarily to seek verification of
any individual employed by the employer, the employer
shall seek verification of all individuals employed at
the same geographic location or, at the option of the
employer, all individuals employed within the same job
category, as the employee with respect to whom the
employer seeks voluntarily to use the verification
system. An employer's decision about whether or not
voluntarily to seek verification of its current
workforce under this subparagraph may not be considered
by any government agency in any proceeding,
investigation, or review provided for in this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Department of Justice, or the
Department of Labor during the period beginning
on the date the verification commences and
ending on the date that is the later of 3 years
after the date of such verification or 1 year
after the date the individual's employment is
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the date of the
enactment of the Legal Workforce Act, the Secretary is
authorized to commence requiring employers required to
participate 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), including employers required to participate in
such program by reason of Federal acquisition laws (and
regulations promulgated under those laws, including the
Federal Acquisition Regulation), to commence compliance
with the requirements of this subsection (and any
additional requirements of such Federal acquisition
laws and regulation) in lieu of any requirement to
participate in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning on the
date of the enactment of the Legal Workforce Act, the
Secretary shall provide for the voluntary compliance
with the requirements of this subsection by employers
voluntarily electing to participate 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) before such date, as well as
by other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(6) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimus;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimus;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).
``(8) Single extension of deadlines upon certification.--In
a case in which the Secretary of Homeland Security has
certified to the Congress that the employment eligibility
verification system required under subsection (d) will not be
fully operational by the date that is 6 months after the date
of the enactment of the Legal Workforce Act, each deadline
established under this section for an employer to make an
inquiry using such system shall be extended by 6 months. No
other extension of such a deadline shall be made except as
authorized under paragraph (1)(D)(iv).''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the
following:
``(4) Definition of date of hire.--As used in this section,
the term `date of hire' means the date of actual commencement
of employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 1103. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the verification system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final confirmation or nonconfirmation not later than 10
working days after the date on which the notice of the
tentative nonconfirmation is received by the employee. The
Secretary, in consultation with the Commissioner, may extend
this deadline once on a case-by-case basis for a period of 10
working days, and if the time is extended, shall document such
extension within the verification system. The Secretary, in
consultation with the Commissioner, shall notify the employee
and employer of such extension. The Secretary, in consultation
with the Commissioner, shall create a standard process of such
extension and notification and shall make a description of such
process available to the public. When final confirmation or
nonconfirmation is provided, the verification system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants;
``(E) to maximize the prevention of identity theft
use in the system; and
``(F) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the verification system except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number (or
any other information as determined relevant by the Secretary)
which are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate) the information provided, the correspondence
of the name and number, whether the alien is authorized to be
employed in the United States, or to the extent that the
Secretary determines to be feasible and appropriate, whether
the records available to the Secretary verify the identity or
status of a national of the United States.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(8) Limitation on use of the verification system and any
related systems.--
``(A) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(B) Critical infrastructure.--The Secretary may
authorize or direct any person or entity responsible
for granting access to, protecting, securing,
operating, administering, or regulating part of the
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the verification system to
the extent the Secretary determines that such use will
assist in the protection of the critical
infrastructure.
``(9) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job but for an
error of the verification mechanism, the individual may seek
compensation only through the mechanism of the Federal Tort
Claims Act, and injunctive relief to correct such error. No
class action may be brought under this paragraph.''.
SEC. 1104. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).''; and
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)), as amended by this title, is further amended
by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person who is in the United States or transmitting
documentation or information to another, directly or
indirectly, with the intent of obtaining employment in the
United States for such person. Only persons or entities
referring for remuneration (whether on a retainer or
contingency basis) are included in the definition, except that
union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section,
the term `recruit' means the act of soliciting a person who is
in the United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person. Only persons or entities referring for
remuneration (whether on a retainer or contingency basis) are
included in the definition, except that union hiring halls that
refer union members or nonunion individuals who pay union
membership dues are included in this definition whether or not
they receive remuneration, as are labor service entities or
labor service agencies, whether public, private, for-profit, or
nonprofit that recruit, dispatch, or otherwise facilitate the
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 1105. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers (as defined in
subsection (h)(5)), or is otherwise obligated to comply
with this section) who establishes that it has complied
in good faith with the requirements of subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, or local criminal or civil law for any
employment-related action taken with respect to
a job applicant or employee in good-faith
reliance on information provided through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Mitigation element.--For purposes of
subparagraph (A)(i), if an employer proves by a
preponderance of the evidence that the employer uses a
reasonable, secure, and established technology to
authenticate the identity of the new employee, that
fact shall be taken into account for purposes of
determining good faith use of the system established
under subsection (d).
``(C) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 1106. PREEMPTION AND STATES' RIGHTS.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of
this section preempt any State or local law, ordinance,
policy, or rule, including any criminal or civil fine
or penalty structure, insofar as they may now or
hereafter relate to the hiring, continued employment,
or status verification for employment eligibility
purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State,
locality, municipality, or political
subdivision may exercise its authority over
business licensing and similar laws as a
penalty for failure to use the verification
system described in subsection (d) to verify
employment eligibility when and as required
under subsection (b).
``(ii) General rules.--A State, at its own
cost, may enforce the provisions of this
section, but only insofar as such State follows
the Federal regulations implementing this
section, applies the Federal penalty structure
set out in this section, and complies with all
Federal rules and guidance concerning
implementation of this section. Such State may
collect any fines assessed under this section.
An employer may not be subject to enforcement,
including audit and investigation, by both a
Federal agency and a State for the same
violation under this section. Whichever entity,
the Federal agency or the State, is first to
initiate the enforcement action, has the right
of first refusal to proceed with the
enforcement action. The Secretary must provide
copies of all guidance, training, and field
instructions provided to Federal officials
implementing the provisions of this section to
each State.''.
SEC. 1107. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security, Department of
Justice, or the Social Security Administration, to the employment
eligibility confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is deemed to refer to the employment eligibility
confirmation system established under section 274A(d) of the
Immigration and Nationality Act, as amended by this title.
(c) Effective Date.--This section shall take effect on the date
that is 24 months after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections, in section 1(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, is amended by striking the items relating to subtitle A of title
IV.
SEC. 1108. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) in subparagraph (D), by striking ``Service''
and inserting ``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by moving the margin of the continuation text
following subparagraph (B) two ems to the left and by
amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000''; and
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Mitigation element.--For purposes of paragraph (4),
the size of the business shall be taken into account when
assessing the level of civil money penalty.
``(12) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such an person or entity does not hold a Federal
contract, grant or cooperative agreement, the Secretary
or Attorney General shall refer the matter to the
Administrator of General Services to determine whether
to list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(13) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies
may submit information indicating potential violations
of subsection (a), (b), or (g)(1) that were generated
in the normal course of law enforcement or the normal
course of other official activities in the State or
locality;
``(B) that is required to indicate to the
complaining State or local agency within five business
days of the filing of such a complaint by identifying
whether the Secretary will further investigate the
information provided;
``(C) that is required to investigate those
complaints filed by State or local government agencies
that, on their face, have a substantial probability of
validity;
``(D) that is required to notify the complaining
State or local agency of the results of any such
investigation conducted; and
``(E) that is required to report to the Congress
annually the number of complaints received under this
paragraph, the States and localities that filed such
complaints, and the resolution of the complaints
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1) or
(2) shall be fined not more than $5,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not more than 18 months, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.''.
SEC. 1109. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''; and
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''.
SEC. 1110. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2019, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by this title, including (but not limited to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 274A(d), but only that portion of
such costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the employment
eligibility verification system established under such
section;
(2) provide such funds annually in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General of
the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2019, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in
effect on an interim basis for such fiscal year until such time as an
agreement required under subsection (a) is subsequently reached, except
that the terms of such interim agreement shall be modified by the
Director of the Office of Management and Budget to adjust for inflation
and any increase or decrease in the volume of requests under the
employment eligibility verification system. In any case in which an
interim agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than October 1 of
such fiscal year, notify the Committee on Ways and Means, the Committee
on the Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Finance, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate of the
failure to reach the agreement required under subsection (a) for such
fiscal year. Until such time as the agreement required under subsection
(a) has been reached for such fiscal year, the Commissioner and the
Secretary shall, not later than the end of each 90-day period after
October 1 of such fiscal year, notify such Committees of the status of
negotiations between the Commissioner and the Secretary in order to
reach such an agreement.
SEC. 1111. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the Commissioner
of Social Security, shall establish a program in which social security
account numbers that have been identified to be subject to unusual
multiple use in the employment eligibility verification system
established under section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)), as amended by this title, or that are
otherwise suspected or determined to have been compromised by identity
fraud or other misuse, shall be blocked from use for such system
purposes unless the individual using such number is able to establish,
through secure and fair additional security procedures, that the
individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their social
security account number or other identifying information for purposes
of the employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by this title. The Secretary may implement the
program on a limited pilot program basis before making it fully
available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which parents or legal guardians
may suspend or limit the use of the social security account number or
other identifying information of a minor under their care for the
purposes of the employment eligibility verification system established
under 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by this title. The Secretary may implement the
program on a limited pilot program basis before making it fully
available to all individuals.
SEC. 1112. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.
An employer or entity who uses the photo matching tool, if required
by the Secretary as part of the verification system, shall match,
either visually, or using facial recognition or other verification
technology approved or required by the Secretary, the photo matching
tool photograph to the photograph on the identity or employment
eligibility document provided by the individual or to the face of the
employee submitting the document for employment verification purposes,
or both, as determined by the Secretary.
SEC. 1113. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION
PILOT PROGRAMS.
Not later than 24 months after the date of the enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Commissioner of Social Security and the Director of the National
Institute of Standards and Technology, shall establish by regulation
not less than 2 Identity Authentication Employment Eligibility
Verification pilot programs, each using a separate and distinct
technology (the ``Authentication Pilots''). The purpose of the
Authentication Pilots shall be to provide for identity authentication
and employment eligibility verification with respect to enrolled new
employees which shall be available to any employer that elects to
participate in either of the Authentication Pilots. Any participating
employer may cancel the employer's participation in the Authentication
Pilot after one year after electing to participate without prejudice to
future participation. The Secretary shall report to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the Secretary's findings on the Authentication
Pilots, including the authentication technologies chosen, not later
than 12 months after commencement of the Authentication Pilots.
SEC. 1114. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Social Security
Administration shall complete audits of the following categories in
order to uncover evidence of individuals who are not authorized to work
in the United States:
(1) Workers who dispute wages reported on their social
security account number when they believe someone else has used
such number and name to report wages.
(2) Children's social security account numbers used for
work purposes.
(3) Employers whose workers present significant numbers of
mismatched social security account numbers or names for wage
reporting.
(b) Submission.--The Inspector General of the Social Security
Administration shall submit the audits completed under subsection (a)
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate for review of the evidence of
individuals who are not authorized to work in the United States. The
Chairmen of those Committees shall then determine information to be
shared with the Secretary of Homeland Security so that such Secretary
can investigate the unauthorized employment demonstrated by such
evidence.
TITLE II--SANCTUARY CITIES AND STATE AND LOCAL LAW ENFORCEMENT
COOPERATION
SEC. 2201. SHORT TITLE.
This title 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 subsection (a) 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.'';
(2) by striking subsection (b) and inserting the following:
``(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 as they relate to information regarding the citizenship or
immigration status, lawful or unlawful, the inadmissibility or
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.'';
(3) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''; and
(4) 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 found not to be in
compliance with subsection (a) or (b) 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. 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 found not to be 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 shall 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 found not
to be in compliance with subsection (a) or (b).
``(4) Annual determination.--The Secretary shall determine
for each calendar year which States or political subdivision of
States are not in compliance with subsection (a) or (b) and
shall report such determinations to Congress by March 1 of each
succeeding calendar year.
``(5) Reports.--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 House or the Senate Judiciary
Committee. Any jurisdiction that is found not to be in
compliance shall be ineligible to receive Federal financial
assistance as provided in paragraph (1) for a minimum period of
1 year, and shall only become eligible again after the
Secretary of Homeland Security certifies that the jurisdiction
has come into compliance.
``(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 shall 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 subsection
(d) of section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section,
shall apply only to prohibited acts committed on or after the date of
the enactment of this Act.
SEC. 2203. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Section 287(d) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--In the case of an individual who is
arrested by any Federal, State, or local law enforcement
official or other personnel for the alleged violation of any
criminal 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 deemed to be
established if--
``(A) the individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable;
``(B) the individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters where a charging document has already
been served;
``(C) the individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final;
``(D) the individual who is the subject of the
detainer has made voluntary statements or provided
reliable evidence that indicate that they are an
inadmissible or deportable alien; or
``(E) the Secretary otherwise has reasonable
grounds to believe that the individual who is the
subject of the detainer is an inadmissible or
deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom a
detainer is issued complies with the detainer and detains for
purposes of transfer of custody to the Department of Homeland
Security the individual who is the subject of the detainer, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.''.
(b) Immunity.--
(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to this section who
temporarily holds an alien in its custody pursuant to the terms
of a detainer so that the alien may be taken into the custody
of the Department of Homeland Security, shall be considered to
be acting under color of Federal authority for purposes of
determining their liability and shall be held harmless for
their compliance with the detainer in any suit seeking any
punitive, compensatory, or other monetary damages.
(2) Federal government as defendant.--In any civil action
arising out of the compliance with a Department of Homeland
Security detainer by a State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, the United States Government shall be the proper
party named as the defendant in the suit in regard to the
detention resulting from compliance with the detainer.
(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 or political subdivision of a State or public official
acting in an official capacity in the appropriate Federal court
if the State or political subdivision, except as provided in
paragraph (3)--
(A) released the alien from custody prior to the
commission of such crime as a consequence of the State
or political subdivision's declining to honor a
detainer issued pursuant to section 287(d)(1) of the
Immigration and Nationality Act (8 U.S.C. 1357(d)(1));
(B) has in effect a statute, policy, or practice
not in compliance with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373) as amended, and as a consequence
of its statute, policy, or practice, released the alien
from custody prior to the commission of such crime; or
(C) has in effect a statute, policy, or practice
requiring a subordinate political subdivision to
decline to honor any or all detainers issued pursuant
to section 287(d)(1) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its
statute, policy or practice, the subordinate political
subdivision declined to honor a detainer issued
pursuant to such section, and as a consequence released
the alien from custody prior to the commission of such
crime.
(2) Limitations on bringing action.--An action may not be
brought under this subsection later than 10 years following the
occurrence of the crime, or death of a person as a result of
such crime, whichever occurs later.
(3) Proper defendant.--If a political subdivision of a
State declines to honor a detainer issued pursuant to section
287(d)(1) of the Immigration and Nationality Act (8 U.S.C.
1357(d)) as a consequence of the State or another political
subdivision with jurisdiction over the subdivision prohibiting
the subdivision through a statute or other legal requirement of
the State or other political subdivision--
(A) from honoring the detainer; or
(B) fully complying with section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373),
and, as a consequence of the statute or other legal requirement
of the State or other political subdivision, the subdivision
released the alien referred to in paragraph (1) from custody
prior to the commission of the crime referred to in that
paragraph, the State or other political subdivision that
enacted the statute or other legal requirement, shall be deemed
to be the proper defendant in a cause of action under this
subsection, and no such cause of action may be maintained
against the political subdivision which declined to honor the
detainer.
(4) Attorney's fee and other costs.--In any action or
proceeding under this subsection the court shall allow a
prevailing plaintiff a reasonable attorneys`` fee as part of
the costs, and include expert fees as part of the attorneys''
fee.
(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 providing that it not comply 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 subdivision 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). In the case described
in the previous sentence, the State or political subdivision
that enacted the 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.--(A) Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended by
striking ``Attorney General'' each place it appears (except in
the second place that term appears in section 236(a)) and
inserting ``Secretary of Homeland Security''.
(B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is
amended by inserting ``the Secretary of Homeland Security or''
before ``the Attorney General--''.
(C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is
amended by striking ``Attorney General's'' and inserting
``Secretary of Homeland Security's''.
(2) Length of detention.--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 for an alien
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 detention under section 241.''.
(3) Detention of criminal aliens.--Section 236(c)(1) of
such Act (8 U.S.C. 1226(c)(1)) is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) 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, or
``(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;''; and
(C) by amending the matter following subparagraph
(F) (as added by subparagraph (B) of this paragraph) to
read as follows:
``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; to whether the alien is released on
parole, supervised release, or probation; or to whether the alien may
be arrested or imprisoned again for the same offense. If the activity
described in this paragraph does not result in the alien being taken
into custody by any person other than the Secretary, then 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,
the Secretary shall take such alien into custody.''.
(4) Administrative review.--Section 236 of the Immigration
and Nationality Act (8 U.S.C. 1226), as amended by paragraph
(2), is further amended by adding at the end the following:
``(g) Administrative Review.--The Attorney General's review of the
Secretary's custody determinations under subsection (a) for the
following classes of aliens 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:
``(1) Aliens in exclusion proceedings.
``(2) Aliens described in section 212(a)(3) or 237(a)(4).
``(3) Aliens described in subsection (c).
``(h) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond. No bond may be granted except to an
alien who establishes by clear and convincing evidence that the
alien is not a flight risk or a danger to another person or the
community.
``(2) Certain aliens ineligible.--No alien detained under
subsection (c) may seek release on bond.''.
(5) Clerical amendments.--(A) Section 236(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is
amended by striking ``conditional parole'' and inserting
``recognizance''.
(B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is
amended by striking ``parole'' and inserting ``recognizance''.
(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 the provisions of section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226), as so 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) and
paragraphs (3) through (10) as paragraphs (7) through (14),
respectively;
(3) 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
(4) 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:
``illegal entry or presence
``Sec. 275. (a) In General.--
``(1) Illegal entry or presence.--An alien shall be subject
to the penalties set forth in paragraph (2) if the alien--
``(A) knowingly 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) knowingly 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) knowingly 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) knowingly 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) knowingly is unlawfully present in the United
States (as defined in section 212(a)(9)(B)(ii) subject
to the exceptions set forth in section
212(a)(9)(B)(iii)) 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 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 (8 U.S.C. 1325(a)), as amended by
subsection (a), shall take effect 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 the Immigration and
Nationality Act (8 U.S.C. 1325(b)), 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.
TITLE III--CRIMINAL ALIENS
SEC. 3301. 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)(i)--
(A) in subclause (I), by striking ``or'' at the
end;
(B) in subclause (II), by adding ``or'' at the end;
and
(C) 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),'';
(2) by adding at the end of subsection (a)(2) the
following:
``(J) Procurement of citizenship or naturalization
unlawfully.--Any alien convicted of, or who admits
having committed, or who admits committing acts which
constitute the essential elements of, a violation of,
or an attempt or a conspiracy to violate, subsection
(a) or (b) of section 1425 of title 18, United States
Code (relating to the procurement of citizenship or
naturalization unlawfully) is inadmissible.
``(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 having committed or
admits committing acts which constitute 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. For purposes of
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.
For purposes of 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
(3) 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 (ii), by striking ``or'' at the end;
(2) in clause (iii), by inserting ``or'' at the end; and
(3) 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) shall not
be construed to create eligibility for relief from removal under former
section 212(c) of the Immigration and Nationality Act where such
eligibility did not exist before these amendments became effective.
SEC. 3302. 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 this
title, is further amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by adding ``or'' at the end; and
(3) 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 (8 U.S.C.
1227(a)(2)), as amended by this title, is further amended--
(1) in subparagraph (A), by striking clause (v); and
(2) by adding at the end the following:
``(I) 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. 3303. 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 one of
its primary purposes the commission of 1 or more of the following
criminal offenses 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 these criteria. The offenses described, whether in violation of
Federal or State law or foreign law and regardless of whether the
offenses occurred before, on, or after the date of the enactment of
this paragraph, are the following:
``(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 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 such Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(J) Aliens associated with criminal gangs.--(i)
Any alien is inadmissible who a consular officer, an
immigration officer, the Secretary of Homeland
Security, or the Attorney General knows or has reason
to believe--
``(I) to be or to have been a member of a
criminal gang (as defined in section
101(a)(53)); or
``(II) to have participated in the
activities of a criminal gang (as defined in
section 101(a)(53)), knowing or having reason
to know that such activities will promote,
further, aid, or support the illegal activity
of the criminal gang.
``(ii) 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) 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 (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(G) Aliens associated with criminal gangs.--Any
alien is deportable who--
``(i) is or has been a member of a criminal
gang (as defined in section 101(a)(53)); or
``(ii) has participated in the activities
of a criminal gang (as so defined), knowing or
having reason to know that such activities will
promote, further, aid, or support the illegal
activity of the criminal gang.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended by inserting
after section 219 the following:
``designation of criminal gang
``Sec. 220.
``(a) Designation.--
``(1) In General.--The Secretary of Homeland Security, in
consultation with the Attorney General, may designate a group, club,
organization, or association of 5 or more persons as a criminal gang if
the Secretary finds that their conduct is described in section
101(a)(53).
``(2) Procedure.--
``(A) Notification.--Seven days before making a designation
under this subsection, the Secretary shall, by classified
communication, notify the Speaker and Minority Leader of the
House of Representatives, the President pro tempore, Majority
Leader, and Minority Leader of the Senate, and the members of
the relevant committees of the House of Representatives and the
Senate, in writing, of the intent to designate a group, club,
organization, or association of 5 or more persons under this
subsection and the factual basis therefor.
``(B) Publication in the federal register.--The Secretary
shall publish the designation in the Federal Register seven
days after providing the notification under subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under this
subsection, the Secretary shall create an administrative
record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that
such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
``(4) Period of Designation.--
``(A) In general.--A designation under this subsection
shall be effective for all purposes until revoked under
paragraph (5) or (6) or set aside pursuant to subsection (c).
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a criminal gang under the procedures set
forth in clauses (iii) and (iv) if the designated
group, club, organization, or association of 5 or more
persons files a petition for revocation within the
petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause
(i)--
``(I) if the designated group, club,
organization, or association of 5 or more
persons has not previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
on which the designation was made; or
``(II) if the designated group, club,
organization, or association of 5 or more
persons has previously filed a petition for
revocation under this subparagraph, the
petition period begins 2 years after the date
of the determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any group, club, organization,
or association of 5 or more persons that submits a
petition for revocation under this subparagraph of its
designation as a criminal gang must provide evidence in
that petition that it is not described in section
101(a)(53).
``(iv) Determination.--
``(I) In general.--Not later than 180 days
after receiving a petition for revocation
submitted under this subparagraph, the
Secretary shall make a determination as to such
revocation.
``(II) Classified information.--The
Secretary may consider classified information
in making a determination in response to a
petition for revocation. Classified information
shall not be subject to disclosure for such
time as it remains classified, except that such
information may be disclosed to a court ex
parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A
determination made by the Secretary under this
clause shall be published in the Federal
Register.
``(IV) Procedures.--Any revocation by the
Secretary shall be made in accordance with
paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no review
has taken place under subparagraph (B), the Secretary
shall review the designation of the criminal gang in
order to determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition
for revocation that is filed in accordance with that
subparagraph, then the review shall be conducted
pursuant to procedures established by the Secretary.
The results of such review and the applicable
procedures shall not be reviewable in any court.
``(iii) Publication of results of review.--The
Secretary shall publish any determination made pursuant
to this subparagraph in the Federal Register.
``(5) Revocation by Act of Congress.--The Congress, by an Act of
Congress, may block or revoke a designation made under paragraph (1).
``(6) Revocation Based on Change in Circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) at any time, and shall revoke a
designation upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4) if the Secretary
finds that--
``(i) the group, club, organization, or association
of 5 or more persons that has been designated as a
criminal gang is no longer described in section
101(a)(53); or
``(ii) the national security or the law enforcement
interests of the United States warrants a revocation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) and (3) shall apply to a revocation under this paragraph.
Any revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.
``(7) Effect of Revocation.--The revocation of a designation under
paragraph (5) or (6) shall not affect any action or proceeding based on
conduct committed prior to the effective date of such revocation.
``(8) Use of Designation in Trial or Hearing.--If a designation
under this subsection has become effective under paragraph (2) an alien
in a removal proceeding shall not be permitted to raise any question
concerning the validity of the issuance of such designation as a
defense or an objection.
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the group,
club, organization, or association of 5 or more persons has
changed its name, adopted a new alias, dissolved and then
reconstituted itself under a different name or names, or merged
with another group, club, organization, or association of 5 or
more persons.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Paragraphs (2), (4), (5),
(6), (7), and (8) of subsection (a) shall also apply to an
amended designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c) of this section.
``(c) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated group, club, organization, or
association of 5 or more persons may seek judicial review in
the United States Court of Appeals for the District of Columbia
Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation, amended designation, or determination
in response to a petition for revocation the court finds to
be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
``(d) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means the Committees
on the Judiciary of the Senate and of the House of
Representatives; and
``(4) the term `Secretary' means the Secretary of Homeland
Security, in consultation with the Attorney General.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``Sec. 220. Designation.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)), as amended by this
title, is further amended--
(A) in subparagraph (D), by striking ``or'' at the
end;
(B) in subparagraph (E), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (E) the
following:
``(F) 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 each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the number of aliens detained under the
amendments made by paragraph (1).
(f) Asylum Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described in
section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is''
after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of such
Act (8 U.S.C. 1158(b)(2)(A)) is amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(J)(i) or section 237(a)(2)(G)(i);
or''.
(g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time has
been, described in section 212(a)(2)(J) or
section 237(a)(2)(G).''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii))
is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is, or at any
time has been, described in section
212(a)(2)(J) or section 237(a)(2)(G)
shall be eligible for any immigration
benefit under this subparagraph;''.
(i) Parole.--An alien described in section 212(a)(2)(J) of the
Immigration and Nationality Act, as added by subsection (b), shall not
be eligible for parole under section 212(d)(5)(A) of such Act unless--
(1) the alien is assisting or has assisted the United
States Government in a law enforcement matter, including a
criminal investigation; and
(2) the alien's presence in the United States is required
by the Government with respect to such assistance.
(j) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to acts
that occur before, on, or after the date of the enactment of this Act.
SEC. 3304. 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. 3305. 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
this title, 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) in subparagraph (A), by striking ``murder, rape, or
sexual abuse of a minor;'' and inserting ``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;'';
(3) in subparagraph (B)--
(A) by inserting ``an offense relating to'' before
``illicit trafficking''; and
(B) by inserting before the semicolon at the end
the following: ``and any offense under State law
relating to a controlled substance (as so classified
under State law) which is classified as a felony in
that State, regardless of whether the substance is
classified as a controlled substance under section 102
of the Controlled Substances Act (8 U.S.C. 802)'';
(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 is at least one year;'' and inserting ``,
including offenses of assault and battery under State or
Federal law, for which the term of imprisonment is at least one
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 striking subparagraph (G) and inserting the
following:
``(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 one 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) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275 or
276 for which the term of imprisonment is at least 1 year'';
(10) in subparagraph (P)--
(A) by striking ``(i) which either is falsely
making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of
section 1543 of title 18, United States Code, or is
described in section 1546(a) of such title (relating to
document fraud) and (ii)'' and inserting ``which is
described in any section of chapter 75 of title 18,
United States Code, and''; and
(B) by striking ``, except in the case of a first
offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a
provision of this Act'';
(11) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``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. 3306. PRECLUDING WITHHOLDING OF REMOVAL FOR AGGRAVATED FELONS.
(a) In General.--Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)), is
amended by inserting after clause (v) the following:
``(vi) the alien is convicted of an
aggravated felony.''.
(b) Effective Date.--The amendment made by subsection (a) 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.
SEC. 3307. 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)--
(A) by redesignating the second subclause (I) as
subclause (II); and
(B) by amending such subclause (II) to read as
follows:
``(II) Subclause (I) shall not apply 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 such 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. 3308. 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.--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 such Act (8
U.S.C. 1227(a)(2)(A)), as amended by this title, is further
amended by inserting after clause (iv) the following:
``(v) 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.--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. 3309. DETENTION OF DANGEROUS ALIENS.
Section 241(a) of the Immigration and Nationality Act (8 U.S.C.
1231(a)) is amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) Beginning of period.--The removal period
begins on the latest of the following:
``(i) The date the order of removal becomes
administratively final.
``(ii) If the alien is not in the custody
of the Secretary on the date the order of
removal becomes administratively final, the
date the alien is taken into such custody.
``(iii) If the alien is detained or
confined (except under an immigration process)
on the date the order of removal becomes
administratively final, the date the alien is
taken into the custody of the Secretary, after
the alien is released from such detention or
confinement.'';
(3) in paragraph (1), by amending subparagraph (C) to read
as follows:
``(C) Suspension of period.--
``(i) Extension.--The removal period shall
be extended beyond a period of 90 days and the
Secretary may, in the Secretary's sole
discretion, keep the alien in detention during
such extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
making timely application in good faith
for travel or other documents necessary
to the alien's departure or conspires
or acts to prevent the alien's removal
that is subject to an order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary transfers
custody of the alien pursuant to law to
another Federal agency or a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
an immigration judge or the Board of
Immigration Appeals, during the time
period when the case is pending a
decision on remand (with the removal
period beginning anew on the date that
the alien is ordered removed on
remand).
``(ii) Renewal.--If the removal period has
been extended under subparagraph (C)(i), a new
removal period shall be deemed to have begun on
the date--
``(I) the alien makes all
reasonable efforts to comply with the
removal order, or to fully cooperate
with the Secretary's efforts to
establish the alien's identity and
carry out the removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--In the case of an alien described in
subparagraphs (A) through (D) of section
236(c)(1), the Secretary shall keep that alien
in detention during the extended period
described in clause (i).
``(iv) Sole form of relief.--An alien may
seek relief from detention under this
subparagraph only by filing an application for
a writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(4) in paragraph (3)--
(A) by adding after ``If the alien does not leave
or is not removed within the removal period'' the
following: ``or is not detained pursuant to paragraph
(6) of this subsection''; and
(B) by striking subparagraph (D) and inserting the
following:
``(D) to obey reasonable restrictions on the
alien's conduct or activities that the Secretary
prescribes for the alien, in order to prevent the alien
from absconding, for the protection of the community,
or for other purposes related to the enforcement of the
immigration laws.'';
(5) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)''; and
(6) by striking paragraph (6) and inserting the following:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens established.--For an alien who is not otherwise
subject to mandatory detention, who has made all
reasonable efforts to comply with a removal order and
to cooperate fully with the Secretary of Homeland
Security's efforts to establish the alien's identity
and carry out the removal order, including making
timely application in good faith for travel or other
documents necessary to the alien's departure, and who
has not conspired or acted to prevent removal, the
Secretary shall establish an administrative review
process to determine whether the alien should be
detained or released on conditions. The Secretary shall
make a determination whether to release an alien after
the removal period in accordance with subparagraph (B).
The determination shall include consideration of any
evidence submitted by the alien, and may include
consideration of any other evidence, including any
information or assistance provided by the Secretary of
State or other Federal official and any other
information available to the Secretary of Homeland
Security pertaining to the ability to remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the exercise of the
Secretary's sole discretion, may continue to
detain an alien for 90 days beyond the removal
period (including any extension of the removal
period as provided in paragraph (1)(C)). An
alien whose detention is extended under this
subparagraph shall have no right to seek
release on bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the exercise
of the Secretary's sole discretion, may
continue to detain an alien beyond the 90 days
authorized in clause (i)--
``(I) until the alien is removed,
if the Secretary, in the Secretary's
sole discretion, determines that there
is a significant likelihood that the
alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, and
either (AA) 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. 3310. TIMELY REPATRIATION.
(a) Listing of Countries.--Beginning on the date that is 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
including the following:
(1) A list of the following:
(A) 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 and the total number of such aliens, disaggregated
by nationality.
(B) Countries that have an excessive repatriation
failure rate.
(2) A list of each country that was included under
subparagraph (B) or (C) of paragraph (1) in both the report
preceding the current report and the current report.
(b) Sanctions.--Beginning on the date on which a country is
included in a list under subsection (a)(2) and ending on the date on
which that country is not included in such list, that country shall be
subject to the following:
(1) 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 their immediate families, of
the officials and employees of that country who receive
nonimmigrant status under clause (i) or (ii) of section
101(a)(15)(A) of such Act.
(2) Each 6 months thereafter that the country is included
in that list, 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 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 the Immigration and
Nationality Act (8 U.S.C. 1253), the Secretary may not reduce
the number 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 Homeland Security 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 Homeland Security
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.
(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) 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.
(2) 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 that country refused
or unreasonably delayed during that period by the total number
of such requests during that period.
(3) 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 for any of the following:
(A) The period of the 3 full fiscal years preceding
the date of publication of the report.
(B) The period of 1 year preceding the date of
publication of the report.
(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) 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)(2).
(h) GAO Report.--On the date that is 1 day after the date that the
President submits a budget under section 1105(a) of title 31, United
States Code, for fiscal year 2016, 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. 3311. 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.--For purposes of this section and section 275,
the following definitions shall apply:
``(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) 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.
``(3) 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.
``(4) 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.
``(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.''.
TITLE IV--ASYLUM REFORM
SEC. 4401. 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, in no instance shall the Government
bear any expense for counsel for any person in proceedings
described in this section.''.
SEC. 4402. CREDIBLE FEAR INTERVIEWS.
Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that
follows, and inserting ``claim, as determined pursuant to section
208(b)(1)(B)(iii), and such other facts as are known to the officer,
that the alien could establish eligibility for asylum under section
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. 4403. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.
(a) In General.--The Secretary of Homeland Security shall establish
quality assurance procedures and take steps to effectively ensure that
questions by employees of the Department of Homeland Security
exercising expedited removal authority under section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a
uniform manner, to the extent possible, and that both these questions
and the answers provided in response to them are recorded in a uniform
fashion.
(b) Factors Relating to Sworn Statements.--Where practicable, any
sworn or signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a
recording of the interview which served as the basis for that sworn
statement.
(c) Interpreters.--The Secretary shall ensure that a competent
interpreter, not affiliated with the government of the country from
which the alien may claim asylum, is used when the interviewing officer
does not speak a language understood by the alien.
(d) Recordings in Immigration Proceedings.--There shall be an audio
or audio visual recording of interviews of aliens subject to expedited
removal. The recording shall be included in the record of proceeding
and shall be considered as evidence in any further proceedings
involving the alien.
(e) No Private Right of Action.--Nothing in this section shall be
construed to create any right, benefit, trust, or responsibility,
whether substantive or procedural, enforceable in law or equity by a
party against the United States, its departments, agencies,
instrumentalities, entities, officers, employees, or agents, or any
person, nor does this section create any right of review in any
administrative, judicial, or other proceeding.
SEC. 4404. 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. 4405. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME
COUNTRY.
(a) In General.--Section 208(c) of the Immigration and Nationality
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following
new paragraph:
``(4) Renunciation of status pursuant to return to home
country.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), any alien who is granted
asylum status under this Act, who, absent changed
country conditions, subsequently returns to the country
of such alien's nationality or, in the case of an alien
having no nationality, returns to any country in which
such alien last habitually resided, and who applied for
such status because of persecution or a well-founded
fear of persecution in that country on account of race,
religion, nationality, membership in a particular
social group, or political opinion, shall have his or
her status terminated.
``(B) Waiver.--The Secretary has discretion to
waive subparagraph (A) if it is established to the
satisfaction of the Secretary that the alien had a
compelling reason for the return. The waiver may be
sought prior to departure from the United States or
upon return.
``(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 after
``paragraph (2)'' the following: ``or (4)''.
SEC. 4406. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.
(a) In General.--Section 208(d)(4) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``the Secretary of Homeland Security or'' before ``the Attorney
General'';
(2) in subparagraph (A), by striking ``and of the
consequences, under paragraph (6), of knowingly filing a
frivolous application for asylum; and'' and inserting a
semicolon;
(3) in subparagraph (B), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(C) ensure that a written warning appears on the
asylum application advising the alien of the
consequences of filing a frivolous application and
serving as notice to the alien of the consequence of
filing a frivolous application.''.
(b) Conforming Amendment.--Section 208(d)(6) of the Immigration and
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the''
and all that follows and inserting:
``(A) If the Secretary of Homeland Security or the
Attorney General determines that an alien has knowingly
made a frivolous application for asylum and the alien
has received the notice under paragraph (4)(C), the
alien shall be permanently ineligible for any benefits
under this chapter, effective as the date of the final
determination of such an application;
``(B) An application is frivolous if the Secretary
of Homeland Security or the Attorney General
determines, consistent with subparagraph (C), that--
``(i) it is so insufficient in substance
that it is clear that the applicant knowingly
filed the application solely or in part to
delay removal from the United States, to seek
employment authorization as an applicant for
asylum pursuant to regulations issued pursuant
to paragraph (2), or to seek issuance of a
Notice to Appeal in order to pursue
Cancellation of Removal under section 240A(b);
or
``(ii) any of its material elements are
deliberately fabricated.
``(C) In determining that an application is
frivolous, the Secretary or the Attorney General, must
be satisfied that the applicant, during the course of
the proceedings, has had sufficient opportunity to
clarify any discrepancies or implausible aspects of the
claim.
``(D) For purposes of this section, a finding that
an alien filed a frivolous asylum application shall not
preclude the alien from seeking withholding of removal
under section 241(b)(3).) or protection pursuant to the
Convention Against Torture.''.
SEC. 4407. 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. 4408. PENALTIES FOR ASYLUM FRAUD.
Section 1001 of title 18 is amended by inserting at the end of the
paragraph--
``(d) Whoever, in any matter before the Secretary of Homeland
Security or the Attorney General pertaining to asylum under section 208
of the Immigration and Nationality Act or withholding of removal under
section 241(b)(3) of such Act, knowingly and willfully--
``(1) makes any materially false, fictitious, or fraudulent
statement or representation; or
``(2) makes or uses any false writings or document knowing
the same to contain any materially false, fictitious, or
fraudulent statement or entry;
shall be fined under this title or imprisoned not more than 10 years,
or both.''.
SEC. 4409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.
Section 3291 of title 18 is amended--
(1) by striking ``1544,'' and inserting ``1544 and 1546,'';
(2) by striking ``offense.'' and inserting ``offense or
within 10 years after the fraud is discovered.''.
SEC. 4410. TECHNICAL AMENDMENTS.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158)
is amended--
(1) in subsection (a)--
(A) in paragraph (2)(D), by inserting ``Secretary
of Homeland Security or the'' before ``Attorney
General''; and
(B) in paragraph (3), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'';
(2) in subsection (b)(2), by inserting ``Secretary of
Homeland Security or the'' before ``Attorney General'' each
place such term appears;
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security''; 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''.
TITLE V--UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS APPREHENDED ALONG
THE BORDER
SEC. 5501. 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'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively, and inserting
after paragraph (2) the following:
``(3) Special rules for interviewing unaccompanied alien
children.--An unaccompanied alien child shall be interviewed by
a dedicated U.S. Citizenship and Immigration Services
immigration officer with specialized training in interviewing
child trafficking victims. Such officer shall be in plain
clothes and shall not carry a weapon. The interview shall occur
in a private room.''; and
(C) in paragraph (6)(D) (as so redesignated)--
(i) in the matter preceding clause (i), by
striking ``, except for an unaccompanied alien
child from a contiguous country subject to
exceptions under subsection (a)(2),'' and
inserting ``who does not meet the criteria
listed in paragraph (2)(A)''; and
(ii) in clause (i), by inserting before the
semicolon at the end the following: ``, which
shall include a hearing before an immigration
judge not later than 14 days after being
screened under paragraph (4)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``believed
not to meet the criteria listed in subsection
(a)(2)(A)''; and
(ii) in subparagraph (B), by inserting
before the period the following: ``and does not
meet the criteria listed in subsection
(a)(2)(A)''; and
(B) in paragraph (3), by striking ``an
unaccompanied alien child in custody shall'' and all
that follows, and inserting the following: ``an
unaccompanied alien child in custody--
``(A) in the case of a child who does not meet the
criteria listed in subsection (a)(2)(A), shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 30 days after
determining that such child is an unaccompanied alien
child who does not meet such criteria; or
``(B) in the case of child who meets the criteria
listed in subsection (a)(2)(A), may transfer the
custody of such child to the Secretary of Health and
Human Services after determining that such child is an
unaccompanied alien child who meets such criteria.'';
and
(3) in subsection (c)--
(A) in paragraph (3), by inserting at the end the
following:
``(D) Information about individuals with whom
children are placed.--
``(i) Information to be provided to
homeland security.--Before placing a child with
an individual, the Secretary of Health and
Human Services shall provide to the Secretary
of Homeland Security, regarding the individual
with whom the child will be placed, the
following information:
``(I) The name of the individual.
``(II) The social security number
of the individual.
``(III) The date of birth of the
individual.
``(IV) The location of the
individual's residence where the child
will be placed.
``(V) The immigration status of the
individual, if known.
``(VI) Contact information for the
individual.
``(ii) Special rule.--In the case of a
child who was apprehended on or after June 15,
2012, and before the date of the enactment of
this subparagraph, who the Secretary of Health
and Human Services placed with an individual,
the Secretary shall provide the information
listed in clause (i) to the Secretary of
Homeland Security not later than 90 days after
such date of enactment.
``(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
shall--
``(I) in the case that the
immigration status of an individual
with whom a child is placed is unknown,
investigate the immigration status of
that individual; and
``(II) upon determining that an
individual with whom a child is placed
is unlawfully present in the United
States, 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. 5502. 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. 5503. 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. 5504. QUARTERLY REPORT TO CONGRESS.
Not later than January 5, 2019, and every 3 months thereafter--
(1) the Attorney General shall submit a report on--
(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 on the total number of applications for asylum, filed by
unaccompanied alien children, that were adjudicated during the
3-month period preceding the date of the report and the
percentage of those applications that were granted.
SEC. 5505. 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. 5506. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.
(a) In General.--Section 235 of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is
amended by adding at the end the following:
``(j) Construction.--
``(1) In general.--Notwithstanding any other provision of
law, judicial determination, consent decree, or settlement
agreement, the detention of any alien child who is not an
unaccompanied alien child shall be governed by sections 217,
235, 236, and 241 of the Immigration and Nationality Act (8
U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption
that an alien child who is not an unaccompanied alien child
should not be detained, and all such determinations shall be in
the discretion of the Secretary of Homeland Security.
``(2) Release of minors other than unaccompanied aliens.--
In no circumstances shall an alien minor who is not an
unaccompanied alien child be released by the Secretary of
Homeland Security other than to a parent or legal guardian.''.
(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.
DIVISION C--BORDER ENFORCEMENT
SEC. 1100. SHORT TITLE.
This division may be cited as the ``Border Security for America Act
of 2018''.
TITLE I--BORDER SECURITY
SEC. 1101. DEFINITIONS.
In this title:
(1) Advanced unattended surveillance sensors.--The term
``advanced unattended surveillance sensors'' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
(2) 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 1111 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).
Subtitle A--Infrastructure and Equipment
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE
SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may 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. 1112. 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 operation of the National
Airspace System; and
(B) coordinate with the Executive Assistant
Commissioner for Air and Marine Operations of U.S.
Customs and Border Protection to ensure the safety of
other U.S. Customs and Border Protection aircraft
flying in the vicinity of small unmanned aerial
vehicles operated by the U.S. Border Patrol.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aerial vehicle
requirements pursuant to subsection (f) of section 1112
of the Border Security for America Act of 2018; and''.
(g) Saving Clause.--Nothing in this section shall confer, transfer,
or delegate to the Secretary, the Commissioner, the Executive Assistant
Commissioner for Air and Marine Operations of U.S. Customs and Border
Protection, or the Chief of the U.S. Border Patrol any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration relating to the use of airspace or aviation
safety.
SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.
(a) In General.--Not later than September 30, 2022, the Secretary,
in implementing section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division), and acting through the appropriate component of the
Department of Homeland Security, shall deploy to each sector or region
of the southern border and the northern border, in a prioritized manner
to achieve situational awareness and operational control of such
borders, the following additional capabilities:
(1) San diego sector.--For the San Diego sector, the
following:
(A) Tower-based surveillance technology.
(B) Subterranean surveillance and detection
technologies.
(C) To increase coastal maritime domain awareness,
the following:
(i) Deployable, lighter-than-air surface
surveillance equipment.
(ii) Unmanned aerial vehicles with maritime
surveillance capability.
(iii) U.S. Customs and Border Protection
maritime patrol aircraft.
(iv) Coastal radar surveillance systems.
(v) Maritime signals intelligence
capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(2) El centro sector.--For the El Centro sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Man-portable unmanned aerial vehicles.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(3) Yuma sector.--For the Yuma sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) A rapid reaction capability supported by
aviation assets.
(F) Mobile vehicle-mounted and man-portable
surveillance systems.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(4) Tucson sector.--For the Tucson sector, the following:
(A) Tower-based surveillance technology.
(B) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(C) Deployable, lighter-than-air ground
surveillance equipment.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(5) El paso sector.--For the El Paso sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Ultralight aircraft detection capabilities.
(D) Advanced unattended surveillance sensors.
(E) Mobile vehicle-mounted and man-portable
surveillance systems.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(6) Big bend sector.--For the Big Bend sector, the
following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Improved agent communications capabilities.
(D) Ultralight aircraft detection capabilities.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(7) Del rio sector.--For the Del Rio sector, the following:
(A) Tower-based surveillance technology.
(B) Increased monitoring for cross-river dams,
culverts, and footpaths.
(C) Improved agent communications capabilities.
(D) Improved maritime capabilities in the Amistad
National Recreation Area.
(E) Advanced unattended surveillance sensors.
(F) A rapid reaction capability supported by
aviation assets.
(G) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(8) Laredo sector.--For the Laredo sector, the following:
(A) Tower-based surveillance technology.
(B) Maritime detection resources for the Falcon
Lake region.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Increased monitoring for cross-river dams,
culverts, and footpaths.
(E) Ultralight aircraft detection capability.
(F) Advanced unattended surveillance sensors.
(G) A rapid reaction capability supported by
aviation assets.
(H) Man-portable unmanned aerial vehicles.
(I) Improved agent communications capabilities.
(9) Rio grande valley sector.--For the Rio Grande Valley
sector, the following:
(A) Tower-based surveillance technology.
(B) Deployable, lighter-than-air ground
surveillance equipment.
(C) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(D) Ultralight aircraft detection capability.
(E) Advanced unattended surveillance sensors.
(F) Increased monitoring for cross-river dams,
culverts, footpaths.
(G) A rapid reaction capability supported by
aviation assets.
(H) Increased maritime interdiction capabilities.
(I) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(J) Man-portable unmanned aerial vehicles.
(K) Improved agent communications capabilities.
(10) Blaine sector.--For the Blaine sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications capabilities.
(11) Spokane sector.--For the Spokane sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Increased maritime interdiction capabilities.
(C) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(D) Advanced unattended surveillance sensors.
(E) Ultralight aircraft detection capabilities.
(F) Completion of six miles of the Bog Creek road.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(12) Havre sector.--For the Havre sector, the following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(13) Grand forks sector.--For the Grand Forks sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(14) Detroit sector.--For the Detroit sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(15) Buffalo sector.--For the Buffalo sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Coastal radar surveillance systems.
(C) Increased maritime interdiction capabilities.
(D) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(E) Advanced unattended surveillance sensors.
(F) Ultralight aircraft detection capabilities.
(G) Man-portable unmanned aerial vehicles.
(H) Improved agent communications systems.
(16) Swanton sector.--For the Swanton sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(17) Houlton sector.--For the Houlton sector, the
following:
(A) Increased flight hours for aerial detection,
interdiction, and monitoring operations capability.
(B) Mobile vehicle-mounted and man-portable
surveillance capabilities.
(C) Advanced unattended surveillance sensors.
(D) Ultralight aircraft detection capabilities.
(E) Man-portable unmanned aerial vehicles.
(F) Improved agent communications systems.
(18) Transit zone.--For the transit zone, the following:
(A) Not later than two years after the date of the
enactment of this Act, an increase in the number of
overall cutter, boat, and aircraft hours spent
conducting interdiction operations over the average
number of such hours during the preceding three fiscal
years.
(B) Increased maritime signals intelligence
capabilities.
(C) To increase maritime domain awareness, the
following:
(i) Unmanned aerial vehicles with maritime
surveillance capability.
(ii) Increased maritime aviation patrol
hours.
(D) Increased operational hours for maritime
security components dedicated to joint counter-
smuggling and interdiction efforts with other Federal
agencies, including the Deployable Specialized Forces
of the Coast Guard.
(E) Coastal radar surveillance systems with long
range day and night cameras capable of providing full
maritime domain awareness of the United States
territorial waters surrounding Puerto Rico, Mona
Island, Desecheo Island, Vieques Island, Culebra
Island, Saint Thomas, Saint John, and Saint Croix.
(b) Tactical Flexibility.--
(1) Southern and northern land borders.--
(A) In general.--Beginning on September 30, 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. 1114. U.S. BORDER PATROL ACTIVITIES.
The Chief of the U.S. Border Patrol shall prioritize the deployment
of U.S. Border Patrol agents to as close to the physical land border as
possible, consistent with border security enforcement priorities and
accessibility to such areas.
SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $300,000,000 (based on fiscal year 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 for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the appropriate congressional committees a plan for
testing, evaluating, and using independent verification and validation
resources for border security technology. Under the plan, new border
security technologies shall be evaluated through a series of
assessments, processes, and audits to ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 433 the following new item:
``Sec. 435. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
435 of the Homeland Security Act of 2002, as added by subsection (a).
Such section shall be carried out using amounts otherwise authorized
for such purposes.
SEC. 1116. 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. 1117. 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. 1118. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON
CERTAIN FEDERAL LAND.
(a) Prohibition on Interference With U.S. Customs and Border
Protection.--
(1) In general.--The Secretary concerned 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 1111 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 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. 1119. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.
(a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory
Committee, which--
(1) may advise, consult with, report to, and make
recommendations to the Secretary on matters relating to border
security matters, including--
(A) verifying security claims and the border
security metrics established by the Department of
Homeland Security under section 1092 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 6 U.S.C. 223); and
(B) discussing ways to improve the security of high
traffic areas along the northern border and the
southern border; and
(2) may provide, through the Secretary, recommendations to
Congress.
(b) Consideration of Views.--The Secretary shall consider the
information, advice, and recommendations of the National Border
Security Advisory Committee in formulating policy regarding matters
affecting border security.
(c) Membership.--The National Border Security Advisory Committee
shall consist of at least 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. 1120. 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 1111 of this
division, shall extend to activities carried out pursuant to this
section.
SEC. 1121. 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;
(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. 1122. 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. 1123. AGENT AND OFFICER TECHNOLOGY USE.
In carrying out section 102 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (as amended by section 1111 of
this division) and section 1113 of this division, the Secretary shall,
to the greatest extent practicable, ensure that technology deployed to
gain situational awareness and operational control of the border be
provided to front-line officers and agents of the Department of
Homeland Security.
SEC. 1124. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 1115 of this
division, is further amended by adding at the end the following new
section:
``SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--The Secretary shall establish within the
Department a program to be known as the Integrated Border Enforcement
Team program (referred to in this section as `IBET').
``(b) Purpose.--The Secretary shall administer the IBET program in
a manner that results in a cooperative approach between the United
States and Canada to--
``(1) strengthen security between designated ports of
entry;
``(2) detect, prevent, investigate, and respond to
terrorism and violations of law related to border security;
``(3) facilitate collaboration among components and offices
within the Department and international partners;
``(4) execute coordinated activities in furtherance of
border security and homeland security; and
``(5) enhance information-sharing, including the
dissemination of homeland security information among such
components and offices.
``(c) Composition and Location of IBETs.--
``(1) Composition.--IBETs shall be led by the United States
Border Patrol and may be comprised of personnel from the
following:
``(A) Other subcomponents of U.S. Customs and
Border Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) The Coast Guard, for the purpose of securing
the maritime borders of the United States.
``(D) Other Department personnel, as appropriate.
``(E) Other Federal departments and agencies, as
appropriate.
``(F) Appropriate State law enforcement agencies.
``(G) Foreign law enforcement partners.
``(H) Local law enforcement agencies from affected
border cities and communities.
``(I) Appropriate tribal law enforcement agencies.
``(2) Location.--The Secretary is authorized to establish
IBETs in regions in which such teams can contribute to IBET
missions, as appropriate. When establishing an IBET, the
Secretary shall consider the following:
``(A) Whether the region in which the IBET would be
established is significantly impacted by cross-border
threats.
``(B) The availability of Federal, State, local,
tribal, and foreign law enforcement resources to
participate in an IBET.
``(C) Whether, in accordance with paragraph (3),
other joint cross-border initiatives already take place
within the region in which the IBET would be
established, including other Department cross-border
programs such as the Integrated Cross-Border Maritime
Law Enforcement Operation Program established under
section 711 of the Coast Guard and Maritime
Transportation Act of 2012 (46 U.S.C. 70101 note) or
the Border Enforcement Security Task Force established
under section 432.
``(3) Duplication of efforts.--In determining whether to
establish a new IBET or to expand an existing IBET in a given
region, the Secretary shall ensure that the IBET under
consideration does not duplicate the efforts of other existing
interagency task forces or centers within such region,
including the Integrated Cross-Border Maritime Law Enforcement
Operation Program established under section 711 of the Coast
Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101
note) or the Border Enforcement Security Task Force established
under section 432.
``(d) Operation.--
``(1) In general.--After determining the regions in which
to establish IBETs, the Secretary may--
``(A) direct the assignment of Federal personnel to
such IBETs; and
``(B) take other actions to assist Federal, State,
local, and tribal entities to participate in such
IBETs, including providing financial assistance, as
appropriate, for operational, administrative, and
technological costs associated with such participation.
``(2) Limitation.--Coast Guard personnel assigned under
paragraph (1) may be assigned only for the purposes of securing
the maritime borders of the United States, in accordance with
subsection (c)(1)(C).
``(e) Coordination.--The Secretary shall coordinate the IBET
program with other similar border security and antiterrorism programs
within the Department in accordance with the strategic objectives of
the Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in subsection (c)(1) necessary to carry out the IBET
program.
``(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);
``(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. 1125. 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. 1126. 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. 1127. 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 1115 and
1124 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.''.
Subtitle B--Personnel
SEC. 1131. 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. 1132. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment
authorities
``(a) Definitions.--In this section--
``(1) the term `CBP employee' means an employee of U.S.
Customs and Border Protection described under any of
subsections (a) through (h) of section 1131 of the Border
Security for America Act of 2018;
``(2) the term `Commissioner' means the Commissioner of
U.S. Customs and Border Protection;
``(3) the term `Director' means the Director of the Office
of Personnel Management;
``(4) the term `Secretary' means the Secretary of Homeland
Security; and
``(5) the term `appropriate congressional committees' means
the Committee on Oversight and Government Reform, the Committee
on Homeland Security, and the Committee on Ways and Means of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance
of the Senate.
``(b) Direct Hire Authority; Recruitment and Relocation Bonuses;
Retention Bonuses.--
``(1) Statement of purpose and limitation.--The purpose of
this subsection is to allow U.S. Customs and Border Protection
to expeditiously meet the hiring goals and staffing levels
required by section 1131 of the Border Security for America Act
of 2018. The Secretary shall not use this authority beyond
meeting the requirements of such section.
``(2) Direct hire authority.--The Secretary may appoint,
without regard to any provision of sections 3309 through 3319,
candidates to positions in the competitive service as CBP
employees if the Secretary has given public notice for the
positions.
``(3) Recruitment and relocation bonuses.--The Secretary
may pay a recruitment or relocation bonus of up to 50 percent
of the annual rate of basic pay to an individual CBP employee
at the beginning of the service period multiplied by the number
of years (including a fractional part of a year) in the
required service period to an individual (other than an
individual described in subsection (a)(2) of section 5753) if--
``(A) the Secretary determines that conditions
consistent with the conditions described in paragraphs
(1) and (2) of subsection (b) of such section 5753 are
satisfied with respect to the individual (without
regard to the regulations referenced in subsection
(b)(2)(B(ii)(I) of such section or to any other
provision of that section); and
``(B) the individual enters into a written service
agreement with the Secretary--
``(i) under which the individual is
required to complete a period of employment as
a CBP employee of not less than 2 years; and
``(ii) that includes--
``(I) the commencement and
termination dates of the required
service period (or provisions for the
determination thereof);
``(II) the amount of the bonus; and
``(III) other terms and conditions
under which the bonus is payable,
subject to the requirements of this
subsection, including--
``(aa) the conditions under
which the agreement may be
terminated before the agreed-
upon service period has been
completed; and
``(bb) the effect of a
termination described in item
(aa).
``(4) Retention bonuses.--The Secretary may pay a retention
bonus of up to 50 percent of basic pay to an individual CBP
employee (other than an individual described in subsection
(a)(2) of section 5754) if--
``(A) the Secretary determines that--
``(i) a condition consistent with the
condition described in subsection (b)(1) of
such section 5754 is satisfied with respect to
the CBP employee (without regard to any other
provision of that section);
``(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.
``(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. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``Anti-Border
Corruption Reauthorization Act of 2018''.
(b) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221) is amended by striking subsection (b) and
inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; and
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is four
years after the date of the enactment of the Border Security for
America Act of 2018.''.
(c) Supplemental Commissioner Authority and Definitions.--
(1) Supplemental commissioner authority.--Section 4 of the
Anti-Border Corruption Act of 2010 is amended to read as
follows:
``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Non-Exemption.--An individual who receives a waiver under
section 3(b) is not exempt from other hiring requirements relating to
suitability for employment and eligibility to hold a national security
designated position, as determined by the Commissioner of U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.''.
(2) Report.--The Anti-Border Corruption Act of 2010, as
amended by paragraph (1), is further amended by adding at the
end the following new section:
``SEC. 5. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period--
``(1) the number of waivers requested, granted, and denied
under section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by paragraphs (1) and (2), is further amended by
adding at the end the following new section:
``SEC. 6. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer'
defined in section 8331(20) or 8401(17) of title 5, United
States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200 chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(d) Polygraph Examiners.--Not later than September 30, 2022, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
subtitle.
SEC. 1134. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER
PROTECTION.
(a) In General.--Subsection (l) of section 411 of the Homeland
Security Act of 2002 (6 U.S.C. 211) is amended to read as follows:
``(l) Training and Continuing Education.--
``(1) Mandatory training.--The Commissioner shall ensure
that every agent and officer of U.S. Customs and Border
Protection receives a minimum of 21 weeks of training that are
directly related to the mission of the U.S. Border Patrol, Air
and Marine, and the Office of Field Operations before the
initial assignment of such agents and officers.
``(2) FLETC.--The Commissioner shall work in consultation
with the Director of the Federal Law Enforcement Training
Centers to establish guidelines and curriculum for the training
of agents and officers of U.S. Customs and Border Protection
under subsection (a).
``(3) Continuing education.--The Commissioner shall
annually require all agents and officers of U.S. Customs and
Border Protection who are required to undergo training under
subsection (a) to participate in not fewer than eight hours of
continuing education annually to maintain and update
understanding of Federal legal rulings, court decisions, and
Department policies, procedures, and guidelines related to
relevant subject matters.
``(4) Leadership training.--Not later than one year after
the date of the enactment of this subsection, the Commissioner
shall develop and require training courses geared towards the
development of leadership skills for mid- and senior-level
career employees not later than one year after such employees
assume duties in supervisory roles.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to the Committee
on Homeland Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate a
report identifying the guidelines and curriculum established to carry
out subsection (l) of section 411 of the Homeland Security Act of 2002,
as amended by subsection (a) of this section.
(c) Assessment.--Not later than four years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Homeland Security and the Committee on
Ways and Means of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the Committee on Finance
of the Senate a report that assesses the training and education,
including continuing education, required under subsection (l) of
section 411 of the Homeland Security Act of 2002, as amended by
subsection (a) of this section.
Subtitle C--Grants
SEC. 1141. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 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 $110,000,000 for each of fiscal years 2018 through 2022
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.''.
Subtitle D--Authorization of Appropriations
SEC. 1151. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there are authorized to be appropriated for each of fiscal years 2018
through 2022, $24,800,000,000 to implement this title and the
amendments made by this title, of which--
(1) $9,300,000,000 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 1111 of this
division;
(2) $1,000,000,000 shall be used by the Department to
improve tactical infrastructure pursuant to such section 102,
as amended by such section 1111;
(3) $5,800,000,000 shall be used by the Department to carry
out section 1112 of this division;
(4) $200,000,000 shall be used by the Coast Guard for
deployments of personnel and assets under paragraph (18) of
section 1113(a) of this division; and
(5) $8,500,000,000 shall be used by the Department to carry
out section 1131 of this division.
TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING
SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE.
(a) Additional Ports of Entry.--
(1) Authority.--The Administrator of General Services may,
subject to section 3307 of title 40, United States Code,
construct new ports of entry along the northern border and
southern border at locations determined by the Secretary.
(2) Consultation.--
(A) Requirement to consult.--The Secretary and the
Administrator of General Services shall consult with
the Secretary of State, the Secretary of the Interior,
the Secretary of Agriculture, the Secretary of
Transportation, and appropriate representatives of
State and local governments, and Indian tribes, and
property owners in the United States prior to
determining a location for any new port of entry
constructed pursuant to paragraph (1).
(B) Considerations.--The purpose of the
consultations required by subparagraph (A) shall be to
minimize any negative impacts of constructing a new
port of entry on the environment, culture, commerce,
and quality of life of the communities and residents
located near such new port.
(b) Expansion and Modernization of High-Priority Southern Border
Ports of Entry.--Not later than September 30, 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 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. 2102. SECURE COMMUNICATIONS.
(a) In General.--The Secretary shall ensure that each U.S. Customs
and Border Protection and U.S. Immigration and Customs Enforcement
officer or agent, if appropriate, is equipped with a secure radio or
other two-way communication device, supported by system
interoperability, that allows each such officer to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(b) U.S. Border Patrol Agents.--The Secretary shall ensure that
each U.S. Border Patrol agent or officer assigned or required to patrol
on foot, by horseback, or with a canine unit, in remote mission
critical locations, and at border checkpoints, has a multi- or dual-
band encrypted portable radio.
(c) LTE Capability.--In carrying out subsection (b), the Secretary
shall acquire radios or other devices with the option to be LTE-capable
for deployment in areas where LTE enhances operations and is cost
effective.
SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM.
(a) Expansion.--Not later than September 30, 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. 2104. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF
ENTRY.
(a) Upgrade.--Not later than one year after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall upgrade all existing license plate readers on the
northern and southern borders on incoming and outgoing vehicle lanes.
(b) Pilot Program.--Not later than 90 days after the date of the
enactment of this Act, the Commissioner of U.S. Customs and Border
Protection shall conduct a one-month pilot program on the southern
border using license plate readers for one to two cargo lanes at the
top three high-volume land ports of entry or checkpoints to determine
their effectiveness in reducing cross-border wait times for commercial
traffic and tractor-trailers.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall report to the Committee on
Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Committee on Finance of the Senate, and the
Committee on Homeland Security, and Committee on the Judiciary, and the
Committee on Ways and Means of the House of Representatives the results
of the pilot program under subsection (b) and make recommendations for
implementing use of such technology on the southern border.
(d) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $125,000,000 for fiscal year 2018 to
carry out subsection (a).
SEC. 2105. NON-INTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Commissioner shall establish a six-month
operational demonstration to deploy a high-throughput non-intrusive
passenger vehicle inspection system at not fewer than three land ports
of entry along the United States-Mexico border with significant cross-
border traffic. Such demonstration shall be located within the pre-
primary traffic flow and should be scalable to span up to 26 contiguous
in-bound traffic lanes without re-configuration of existing lanes.
(b) Report.--Not later than 90 days after the conclusion of the
operational demonstration under subsection (a), the Commissioner shall
submit to the Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance of the
Senate a report that describes the following:
(1) The effects of such demonstration on legitimate travel
and trade.
(2) The effects of such demonstration on wait times,
including processing times, for non-pedestrian traffic.
(3) The effectiveness of such demonstration in combating
terrorism and smuggling.
SEC. 2106. BIOMETRIC EXIT DATA SYSTEM.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
section 415 the following new section:
``SEC. 416. BIOMETRIC ENTRY-EXIT.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on the
Judiciary of the Senate and the Committee on Homeland Security
and the Committee on the Judiciary of the House of
Representatives an implementation plan to establish a biometric
exit data system to complete the integrated biometric entry and
exit data system required under section 7208 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b), including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages 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 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. 2107. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.
(a) Finding.--Congress finds that personnel constraints exist at
land ports of entry with regard to sanitary and phytosanitary
inspections for exported goods.
(b) Sense of Congress.--It is the sense of Congress that, in the
best interest of cross-border trade and the agricultural community--
(1) any lack of certified personnel for inspection purposes
at ports of entry should be addressed by seeking cooperation
between agencies and departments of the United States, whether
in the form of a memorandum of understanding or through a
certification process, whereby additional existing agents are
authorized for additional hours to facilitate and expedite the
flow of legitimate trade and commerce of perishable goods in a
manner consistent with rules of the Department of Agriculture;
and
(2) cross designation should be available for personnel who
will assist more than one agency or department of the United
States at land ports of entry to facilitate and expedite the
flow of increased legitimate trade and commerce.
SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.
In addition to any amounts otherwise authorized to be appropriated
for such purpose, there is authorized to be appropriated $1,250,000,000
for each of fiscal years 2018 through 2022 to carry out this title, of
which--
(1) $2,000,000 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) $250,000,000 per year 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 2106 of this
division.
SEC. 2109. DEFINITION.
In this title, the term ``Secretary'' means the Secretary of
Homeland Security.
TITLE III--VISA SECURITY AND INTEGRITY
SEC. 3101. VISA SECURITY.
(a) Visa Security Units at High-Risk Posts.--Paragraph (1) of
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e))
is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Authorization.--Subject to the minimum number
specified in subparagraph (B), the Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Risk-based assignments.--
``(i) In general.--In carrying out
subparagraph (A), the Secretary shall assign,
in a risk-based manner, and considering the
criteria described in clause (ii), employees of
the Department to not fewer than 75 diplomatic
and consular posts at which visas are issued.
``(ii) Criteria described.--The criteria
referred to in clause (i) are the following:
``(I) The number of nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located who were
identified in United States Government
databases related to the identities of
known or suspected terrorists during
the previous year.
``(II) Information on the
cooperation of such country with the
counterterrorism efforts of the United
States.
``(III) Information analyzing the
presence, activity, or movement of
terrorist organizations (as such term
is defined in section 212(a)(3)(B)(vi)
of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)(vi))) within or
through such country.
``(IV) The number of formal
objections based on derogatory
information issued by the Visa Security
Advisory Opinion Unit pursuant to
paragraph (10) regarding nationals of a
country in which any of the diplomatic
and consular posts referred to in
clause (i) are located.
``(V) The adequacy of the border
and immigration control of such
country.
``(VI) Any other criteria the
Secretary determines appropriate.
``(iii) Rule of construction.--The
assignment of employees of the Department
pursuant to this subparagraph is solely the
authority of the Secretary and may not be
altered or rejected by the Secretary of
State.''.
(b) Counterterror Vetting and Screening.--Paragraph (2) of section
428(e) of the Homeland Security Act of 2002 is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Screen any such applications against the
appropriate criminal, national security, and terrorism
databases maintained by the Federal Government.''.
(c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of
the Homeland Security Act of 2002 is amended by--
(1) striking ``The Secretary shall ensure, to the extent
possible, that any employees'' and inserting ``The Secretary,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide training to any employees''; and
(2) striking ``shall be provided the necessary training''.
(d) Pre-Adjudicated Visa Security Assistance and Visa Security
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland
Security Act of 2002 is amended by adding at the end the following new
paragraphs:
``(9) Remote pre-adjudicated visa security assistance.--At
the visa-issuing posts at which employees of the Department are
not assigned pursuant to paragraph (1), the Secretary shall, in
a risk-based manner, assign employees of the Department to
remotely perform the functions required under paragraph (2) at
not fewer than 50 of such posts.
``(10) Visa security advisory opinion unit.--The Secretary
shall establish within U.S. Immigration and Customs Enforcement
a Visa Security Advisory Opinion Unit to respond to requests
from the Secretary of State to conduct a visa security review
using information maintained by the Department on visa
applicants, including terrorism association, criminal history,
counter-proliferation, and other relevant factors, as
determined by the Secretary.''.
(e) Deadlines.--The requirements established under paragraphs (1)
and (9) of section 428(e) of the Homeland Security Act of 2002 (6
U.S.C. 236(e)), as amended and added by this section, shall be
implemented not later than three years after the date of the enactment
of this Act.
SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 2106 of this
division, is further amended by adding at the end the following new
sections:
``SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Commissioner of U.S. Customs and Border
Protection shall--
``(1) screen electronic passports at airports of entry by
reading each such passport's embedded chip; and
``(2) to the greatest extent practicable, utilize facial
recognition technology or other biometric technology, as
determined by the Commissioner, to inspect travelers at United
States airports of entry.
``(b) Applicability.--
``(1) Electronic passport screening.--Paragraph (1) of
subsection (a) shall apply to passports belonging to
individuals who are United States citizens, individuals who are
nationals of a program country pursuant to section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), and
individuals who are nationals of any other foreign country that
issues electronic passports.
``(2) Facial recognition matching.--Paragraph (2) of
subsection (a) shall apply, at a minimum, to individuals who
are nationals of a program country pursuant to section 217 of
the Immigration and Nationality Act.
``(c) Annual Report.--The Commissioner of U.S. Customs and Border
Protection, in collaboration with the Chief Privacy Officer of the
Department, shall issue to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an annual report through fiscal year
2021 on the utilization of facial recognition technology and other
biometric technology pursuant to subsection (a)(2). Each such report
shall include information on the type of technology used at each
airport of entry, the number of individuals who were subject to
inspection using either of such technologies at each airport of entry,
and within the group of individuals subject to such inspection at each
airport, the number of those individuals who were United States
citizens and legal permanent residents. Each such report shall provide
information on the disposition of data collected during the year
covered by such report, together with information on protocols for the
management of collected biometric data, including timeframes and
criteria for storing, erasing, destroying, or otherwise removing such
data from databases utilized by the Department.
``SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER
PROTECTION.
``The Commissioner of U.S. Customs and Border Protection shall, in
a risk based manner, continuously screen individuals issued any visa,
and individuals who are nationals of a program country pursuant to
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), who
are present, or are expected to arrive within 30 days, in the United
States, against the appropriate criminal, national security, and
terrorism databases maintained by the Federal Government.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 419 the following new items:
``Sec. 420. Electronic passport screening and biometric matching.
``Sec. 420A. Continuous screening by U.S. Customs and Border
Protection.''.
SEC. 3103. REPORTING OF VISA OVERSTAYS.
Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
(1) in subsection (a)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting before the period at the end the
following: ``, and any additional information that the
Secretary determines necessary for purposes of the
report under subsection (b)''; and
(2) by amending subsection (b) to read as follows:
``(b) Annual Report.--Not later than June 30, 2018, and not later
than June 30 of each year thereafter, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security and the
Committee on the Judiciary of the House of Representatives and to the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate a report providing, for the
preceding fiscal year, numerical estimates (including information on
the methodology utilized to develop such numerical estimates) of--
``(1) for each country, the number of aliens from the
country who are described in subsection (a), including--
``(A) the total number of such aliens within all
classes of nonimmigrant aliens described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)); and
``(B) the number of such aliens within each of the
classes of nonimmigrant aliens, as well as the number
of such aliens within each of the subclasses of such
classes of nonimmigrant aliens, as applicable;
``(2) for each country, the percentage of the total number
of aliens from the country who were present in the United
States and were admitted to the United States as nonimmigrants
who are described in subsection (a);
``(3) the number of aliens described in subsection (a) who
arrived by land at a port of entry into the United States;
``(4) the number of aliens described in subsection (a) who
entered the United States using a border crossing
identification card (as such term is defined in section
101(a)(6) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(6))); and
``(5) the number of Canadian nationals who entered the
United States without a visa whose authorized period of stay in
the United States terminated during the previous fiscal year,
but who remained in the United States.''.
SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM
VERIFICATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall ensure that the information
collected under the program established under section 641 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372) is available to officers of U.S. Customs and Border
Protection for the purpose of conducting primary inspections of aliens
seeking admission to the United States at each port of entry of the
United States.
SEC. 3105. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.), as amended by sections 1115, 1124,
and 1127 of this division, is further amended by adding at the end the
following new sections:
``SEC. 438. SOCIAL MEDIA SCREENING.
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall, to the greatest extent
practicable, and in a risk based manner and on an individualized basis,
review the social media accounts of certain visa applicants who are
citizens of, or who reside in, high-risk countries, as determined by
the Secretary based on the criteria described in subsection (b).
``(b) High-Risk Criteria Described.--In determining whether a
country is high-risk pursuant to subsection (a), the Secretary shall
consider the following criteria:
``(1) The number of nationals of the country who were
identified in United States Government databases related to the
identities of known or suspected terrorists during the previous
year.
``(2) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(3) Any other criteria the Secretary determines
appropriate.
``(c) Collaboration.--To carry out the requirements of subsection
(a), the Secretary may collaborate with--
``(1) the head of a national laboratory within the
Department's laboratory network with relevant expertise;
``(2) the head of a relevant university-based center within
the Department's centers of excellence network; and
``(3) the heads of other appropriate Federal agencies.
``SEC. 439. OPEN SOURCE SCREENING.
``The Secretary shall, to the greatest extent practicable, and in a
risk based manner, review open source information of visa
applicants.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by this division is
further amended by inserting after the item relating to section 437 the
following new items:
``Sec. 438. Social media screening.
``Sec. 439. Open source screening.''.
TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER
PREVENTION AND ELIMINATION
SEC. 4101. SHORT TITLE.
This title may be cited as the ``Transnational Criminal
Organization Illicit Spotter Prevention and Elimination Act''.
SEC. 4102. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS
CONTROLS.
(a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of
the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in subsection (a)(2), by striking ``brings to or
attempts to'' and inserting the following: ``brings to or
attempts or conspires to''; and
(2) by adding at the end the following:
``(5) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(b) Aiding or Assisting Certain Aliens To Enter the United
States.--Section 277 of the Immigration and Nationality Act (8 U.S.C.
1327) is amended--
(1) by inserting after ``knowingly aids or assists'' the
following: ``or attempts to aid or assist''; and
(2) by adding at the end the following: ``In the case of a
person convicted of an offense under this section, the sentence
otherwise provided for may be increased by up to 10 years if
that person, at the time of the offense, used or carried a
firearm or who, in furtherance of any such crime, possessed a
firearm.''.
(c) Destruction of United States Border Controls.--Section 1361 of
title 18, United States Code, is amended--
(1) by striking ``If the damage'' and inserting the
following:
``(1) Except as otherwise provided in this section, if the
damage''; and
(2) by adding at the end the following:
``(2) If the injury or depredation was made or attempted
against any fence, barrier, sensor, camera, or other physical
or electronic device deployed by the Federal Government to
control the border or a port of entry or otherwise was intended
to construct, excavate, or make any structure intended to
defeat, circumvent, or evade any such fence, barrier, sensor
camera, or other physical or electronic device deployed by the
Federal Government to control the border or a port of entry, by
a fine under this title or imprisonment for not more than 15
years, or both.
``(3) If the injury or depredation was described under
paragraph (2) and, in the commission of the offense, the
offender used or carried a firearm or, in furtherance of any
such offense, possessed a firearm, by a fine under this title
or imprisonment for not more than 20 years, or both.''.
DIVISION D--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS
SEC. 1101. DEFINITIONS.
In this division:
(1) In general.--Except as otherwise specifically provided,
the terms used in this division have the meanings given such
terms in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Contingent nonimmigrant.--The term ``contingent
nonimmigrant'' means an alien who is granted contingent
nonimmigrant status under this division.
(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
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. 1102. 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.
(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 division C, and the amendments made by that
division.
(6) Aliens apprehended before or during the application
period.--If an alien who is apprehended during the period
beginning on the date of the enactment of this Act and ending
on the last day of the application period described in
paragraph (2) appears prima facie eligible for contingent
nonimmigrant status, to the satisfaction of the Secretary, the
Secretary--
(A) shall provide the alien with a reasonable
opportunity to file an application under this section
during such application period; and
(B) may not remove the individual until the
Secretary has denied the application, unless the
Secretary, in the Secretary's sole and unreviewable
discretion, determines that expeditious removal of the
alien is in the national security, public safety, or
foreign policy interests of the United States, or the
Secretary will be required for constitutional reasons
or court order to release the alien from detention.
(7) Suspension of removal during application period.--
(A) Aliens in removal proceedings.--Notwithstanding
any other provision of this division, if the Secretary
determines that an alien, during the period beginning
on the date of the enactment of this Act and ending on
the last day of the application period described in
subsection (c)(2), is in removal, deportation, or
exclusion proceedings before the Executive Office for
Immigration Review and is prima facie eligible for
contingent nonimmigrant status under this section--
(i) the Secretary shall provide the alien
with the opportunity to file an application for
such status; and
(ii) upon motion by the alien and with the
consent of the Secretary, the Executive Office
for Immigration Review shall--
(I) provide the alien a reasonable
opportunity to apply for such status;
and
(II) if the alien applies within
the time frame provided, suspend such
proceedings until the Secretary has
made a determination on the
application.
(B) Aliens ordered removed.--If an alien who meets
the eligibility requirements set forth in subsection
(b) is present in the United States and has been
ordered excluded, deported, or removed, or ordered to
depart voluntarily from the United States pursuant to
section 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary
shall provide the alien with the opportunity to file an
application for contingent nonimmigrant status provided
that the alien has not failed to comply with any order
issued pursuant to section 239 or 240B of the
Immigration and Nationality Act (8 U.S.C. 1229, 1229c).
(C) Period pending adjudication of application.--
During the period beginning on the date on which an
alien applies for contingent nonimmigrant status under
subsection (c) and ending on the date on which the
Secretary makes a determination regarding such
application, an otherwise removable alien may not be
removed from the United States unless--
(i) the Secretary makes a prima facie
determination that such alien is, or has
become, ineligible for contingent nonimmigrant
status under subsection (b); or
(ii) the Secretary, in the Secretary's sole
and unreviewable discretion, determines that
removal of the alien is in the national
security, public safety, or foreign policy
interest of the United States.
(8) Security and law enforcement clearances.--
(A) Biometric and biographic data.--The Secretary
may not grant contingent nonimmigrant status to an
alien under this section unless such alien submits
biometric and biographic data in accordance with
procedures established by the Secretary.
(B) Alternative procedures.--The Secretary may
provide an alternative procedure for applicants who
cannot provide the biometric data required under
subparagraph (A) due to a physical impairment.
(C) Clearances.--
(i) Data collection.--The Secretary shall
collect, from each alien applying for status
under this section, biometric, biographic, and
other data that the Secretary determines to be
appropriate--
(I) to conduct national security
and law enforcement checks; and
(II) to determine whether there are
any factors that would render an alien
ineligible for such status.
(ii) Additional security screening.--The
Secretary, in consultation with the Secretary
of State and the heads of other agencies as
appropriate, shall conduct an additional
security screening upon determining, in the
Secretary's opinion based upon information
related to national security, that an alien is
or was a citizen or resident of a region or
country known to pose a threat, or that
contains groups or organizations that pose a
threat, to the national security of the United
States.
(iii) Prerequisite.--The required
clearances and screenings described in clauses
(i)(I) and (ii) shall be completed before the
alien may be granted contingent nonimmigrant
status.
(9) 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
(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 division 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. 1103. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Exclusive Administrative Review.--Administrative review of a
determination of an application for status, extension of status, or
revocation of status under this division shall be conducted solely in
accordance with this section.
(b) Administrative Appellate Review.--
(1) Establishment of administrative appellate authority.--
The Secretary shall establish or designate an appellate
authority to provide for a single level of administrative
appellate review of a determination with respect to
applications for status, extension of status, or revocation of
status under this division.
(2) Single appeal for each administrative decision.--
(A) In general.--An alien in the United States
whose application for status under this division has
been denied or revoked may file with the Secretary not
more than 1 appeal, pursuant to this subsection, of
each decision to deny or revoke such status.
(B) Notice of appeal.--A notice of appeal filed
under this subparagraph shall be filed not later than
30 calendar days after the date of service of the
decision of denial or revocation.
(3) Record for review.--Administrative appellate review
under this subsection shall be de novo and based only on--
(A) the administrative record established at the
time of the determination on the application; and
(B) any additional newly discovered or previously
unavailable evidence.
(c) Judicial Review.--
(1) Applicable provisions.--Judicial review of an
administratively final denial or revocation of, or failure to
extend, an application for status under this division shall be
governed only by chapter 158 of title 28, except as provided in
paragraphs (2) and (3) of this subsection, and except that a
court may not order the taking of additional evidence under
section 2347(c) of such chapter.
(2) Single appeal for each administrative decision.--An
alien in the United States whose application for status under
this division has been denied, revoked, or failed to be
extended, may file not more than 1 appeal, pursuant to this
subsection, of each decision to deny or revoke such status.
(3) Limitation on civil actions.--
(A) Class actions.--No court may certify a class
under Rule 23 of the Federal Rules of Civil Procedure
in any civil action filed after the date of the
enactment of this Act pertaining to the administration
or enforcement of the application for status under this
division.
(B) Requirements for an order granting prospective
relief against the government.--If a court determines
that prospective relief should be ordered against the
Government in any civil action pertaining to the
administration or enforcement of the application for
status under this division, the court shall--
(i) limit the relief to the minimum
necessary to correct the violation of law;
(ii) adopt the least intrusive means to
correct the violation of law;
(iii) minimize, to the greatest extent
practicable, the adverse impact on national
security, border security, immigration
administration and enforcement, and public
safety;
(iv) provide for the expiration of the
relief on a specific date, which allows for the
minimum practical time needed to remedy the
violation; and
(v) limit the relief to the case at issue
and shall not extend any prospective relief to
include any other application for status under
this division pending before the Secretary or
in a Federal court (whether in the same or
another jurisdiction).
SEC. 1104. PENALTIES AND SIGNATURE REQUIREMENTS.
(a) Penalties for False Statements in Applications.--Whoever files
an initial or renewal application for contingent nonimmigrant status
under this division and knowingly and willfully falsifies,
misrepresents, conceals, or covers up a material fact or makes any
false, fictitious, or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same to contain
any false, fictitious, or fraudulent statement or entry, shall be fined
in accordance with title 18, United States Code, or imprisoned not more
than 5 years, or both.
(b) Signature Requirements.--An applicant under this division shall
sign their application, and the signature shall be an original
signature. 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. 1105. 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
division, which shall take effect immediately upon publication in the
Federal Register.
SEC. 1106. STATUTORY CONSTRUCTION.
Except as specifically provided, nothing in this division may be
construed to create any substantive or procedural right or benefit that
is legally enforceable by any party against the United States or its
agencies or officers or any other person.
<all>
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Federal Lands.
Referred to the Subcommittee on Immigration and Border Security.
Rules Committee Resolution H. Res. 952 Reported to House. Rule provides for consideration of H.R. 4760 with 1 hour of general debate. Motion to recommit allowed. Rule provides for consideration of H.R. 4760 under a closed rule.
Rules Committee Resolution H. Res. 954 Reported to House. Rule provides for consideration of H.R. 4760. Motion to recommit allowed. Rule provides for consideration of H.R. 4760 under a closed rule.
Rule H. Res. 954 passed House.
Considered under the provisions of rule H. Res. 954. (consideration: CR H5380-5438; text: CR H5380-5423)
Rule provides for consideration of H.R. 4760. Motion to recommit allowed. Rule provides for consideration of H.R. 4760 under a closed rule.
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DEBATE - The House proceeded with one hour of debate on H.R. 4760.
The previous question was ordered pursuant to the rule.
Ms. Lujan Grisham, M. moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5433-5436)
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to replace the bill text with langauge found in H.R. 3440, the Dream Act of 2017.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by the Yeas and Nays: 191 - 234 (Roll no. 281).
Roll Call #281 (House)Failed of passage/not agreed to in House: On passage Failed by recorded vote: 193 - 231 (Roll no. 282).
Roll Call #282 (House)On passage Failed by recorded vote: 193 - 231 (Roll no. 282).
Roll Call #282 (House)Motion to reconsider laid on the table Agreed to without objection.