MDM17980 S.L.C. 115TH CONGRESS 1ST SESSION S. ll To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. IN THE SENATE OF THE UNITED STATES llllllllll Mr. CORNYN (for himself, Mr. BARRASSO, Mr. JOHNSON, Mr. TILLIS, Mr. HELLER, and Mr. SCOTT) introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Building America’s Trust Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—BORDER SECURITY Sec. 101. Definitions. MDM17980 S.L.C. 2 Subtitle A—Infrastructure and Equipment Sec. 102. Strengthening the requirements for barriers along the southern border. Sec. 103. Air and marine operations flight hours. Sec. 104. Capability deployment to specific sectors and regions. Sec. 105. U.S. Border Patrol physical infrastructure improvements. Sec. 106. U.S. Border Patrol activities. Sec. 107. U.S. Border Patrol forward operating bases. Sec. 108. Border security technology program management. Sec. 109. Authority to acquire leaseholds. Sec. 110. National Guard support to secure the southern border and reimbursement of States for deployment of the National Guard at the southern border. Sec. 111. Operation Phalanx. Sec. 112. Merida Initiative. Sec. 113. Prohibitions on actions that impede border security on certain Federal land. Sec. 114. Landowner and rancher security enhancement. Sec. 115. Limitation on land owner’s liability. Sec. 116. Eradication of carrizo cane and salt cedar. Sec. 117. Prevention, detection, control, and eradication of diseases and pests. Sec. 118. Exemption from government contracting and hiring rules. Sec. 119. Transnational criminal organization illicit spotter prevention and detection. Sec. 120. Southern border threat analysis. Subtitle B—Personnel PART I—INCREASES Sec. Sec. Sec. Sec. Sec. 131. 132. 133. 134. 135. IN IMMIGRATION AND LAW ENFORCEMENT PERSONNEL Additional U.S. Customs and Border Protection agents and officers. U.S. Customs and Border Protection hiring and retention incentives. Anti-Border Corruption Reauthorization Act. Additional U.S. Immigration and Customs Enforcement personnel. Other immigration and law enforcement personnel. PART II—JUDICIAL RESOURCES Sec. 141. Judicial resources for border security. Sec. 142. Reimbursement to State and local prosecutors for federally initiated, immigration-related criminal cases. Subtitle C—Grants Sec. Sec. Sec. Sec. 151. 152. 153. 154. State criminal alien assistance program. Operation Stonegarden. Grants for identification of victims of cross-border human smuggling. Grant accountability. Subtitle D—Authorization of Appropriations Sec. 161. Authorization of appropriations. TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING Sec. 201. Ports of entry infrastructure. MDM17980 S.L.C. 3 Sec. Sec. Sec. Sec. Sec. Sec. Sec. 202. 203. 204. 205. 206. 207. 208. Secure communications. Border Security Deployment Program. Pilot and upgrade of license plate readers at ports of entry. Biometric technology. Biometric exit data system. Sense of Congress on cooperation between agencies. Authorization of appropriations. TITLE III—DOMESTIC SECURITY AND INTERIOR ENFORCEMENT Subtitle A—General Matters Sec. 301. Ending catch and release for repeat immigration violators and criminals aliens. Sec. 302. Deterring visa overstays. Sec. 303. Increase in immigration detention capacity. Sec. 304. Collection of DNA from criminal and detained aliens. Sec. 305. Collection, use, and storage of biometric data. Sec. 306. Pilot program for electronic field processing. Sec. 307. Ending abuse of parole authority. Sec. 308. Stop Dangerous Sanctuary Cities Act. Sec. 309. Reinstatement of the Secure Communities program. Sec. 310. Prevention and deterrence of fraud in obtaining relief from removal. Subtitle B—Protecting Children and America’s Homeland Act of 2017 Sec. 320. Short title. Sec. 321. Repatriation of unaccompanied alien children. Sec. 322. Expedited due process and screening for unaccompanied alien children. Sec. 323. Child welfare and law enforcement information sharing. Sec. 324. Accountability for children and taxpayers. Sec. 325. Custody of unaccompanied alien children in formal removal proceeding. Sec. 326. Fraud in connection with the transfer of custody of unaccompanied alien children. Sec. 327. Notification of States and foreign governments, reporting, and monitoring. Sec. 328. Emergency immigration judge resources. Sec. 329. Reports to Congress. TITLE IV—PENALTIES FOR SMUGGLING, DRUG TRAFFICKING, HUMAN TRAFFICKING, TERRORISM, AND ILLEGAL ENTRY AND REENTRY; BARS TO READMISSION OF REMOVED ALIENS Sec. 401. Dangerous human smuggling, human trafficking, and human rights violations. Sec. 402. Putting the Brakes on Human Smuggling Act. Sec. 403. Drug trafficking and crimes of violence committed by illegal aliens. Sec. 404. Establishing inadmissibility and deportability. Sec. 405. Penalties for illegal entry; enhanced penalties for entering with intent to aid, abet, or commit terrorism. Sec. 406. Penalties for reentry of removed aliens. Sec. 407. Laundering of monetary instruments. Sec. 408. Freezing bank accounts of international criminal organizations and money launderers. MDM17980 S.L.C. 4 Sec. 409. Criminal proceeds laundered through prepaid access devices, digital currencies, or other similar instruments. Sec. 410. Closing the loophole on drug cartel associates engaged in money laundering. TITLE V—PROTECTING NATIONAL SECURITY AND PUBLIC SAFETY Subtitle A—General Matters Sec. 501. Definition of engaging in terrorist activity. Sec. 502. Terrorist grounds of inadmissibility. Sec. 503. Expedited removal for aliens inadmissible on criminal or security grounds. Sec. 504. Detention of removable aliens. Sec. 505. GAO study on deaths in custody. Sec. 506. GAO study on migrant deaths. Sec. 507. Statute of limitations for visa, naturalization, and other fraud offenses involving war crimes or human rights violations. Sec. 508. Criminal detention of aliens to protect public safety. Sec. 509. Recruitment of persons to participate in terrorism. Sec. 510. Barring and removing persecutors, war criminals, and participants in crimes against humanity from the United States. Sec. 511. Gang membership, removal, and increased criminal penalties related to gang violence. Sec. 512. Barring aliens with convictions for driving under the influence or while intoxicated. Sec. 513. Barring aggravated felons, border checkpoint runners, and sex offenders from admission to the United States. Sec. 514. Protecting immigrants from convicted sex offenders. Sec. 515. Enhanced criminal penalties for high speed flight. Sec. 516. Prohibition on asylum and cancellation of removal for terrorists. Sec. 517. Aggravated felonies. Sec. 518. Convictions. Sec. 519. Pardons. Sec. 520. Failure to obey removal orders. Sec. 521. Sanctions for countries that delay or prevent repatriation of their nationals. Sec. 522. Enhanced penalties for construction and use of border tunnels. Sec. 523. Enhanced penalties for fraud and misuse of visas, permits, and other documents. Sec. 524. Expansion of criminal alien repatriation programs. Subtitle B—Strong Visa Integrity Secures America Act Sec. Sec. Sec. Sec. Sec. Sec. 531. 532. 533. 534. 535. 536. Short title. Visa security. Electronic passport screening and biometric matching. Reporting visa overstays. Student and exchange visitor information system verification. Social media review of visa applicants. Subtitle C—Visa Cancellation and Revocation Sec. 541. Cancellation of additional visas. Sec. 542. Visa information sharing. Sec. 543. Visa interviews. MDM17980 S.L.C. 5 Sec. 544. Judicial review of visa revocation. Subtitle D—Secure Visas Act Sec. 551. Short title. Sec. 552. Authority of the Secretary of Homeland Security and Secretary of State. Subtitle E—Other Matters Sec. 561. Requirement for completion of background checks. Sec. 562. Withholding of adjudication. Sec. 563. Access to the National Crime Information Center Interstate Identification Index. Sec. 564. Appropriate remedies for immigration litigation. Sec. 565. Use of 1986 IRCA legalization information for national security purposes. Sec. 566. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses. Sec. 567. Conforming amendment to the definition of racketeering activity. Sec. 568. Validity of electronic signatures. TITLE VI—PROHIBITION ON TERRORISTS OBTAINING LAWFUL STATUS IN THE UNITED STATES Subtitle A—Prohibition on Adjustment to Lawful Permanent Resident Status Sec. 601. Lawful permanent residents as applicants for admission. Sec. 602. Date of admission for purposes of adjustment of status. Sec. 603. Precluding asylee and refugee adjustment of status for certain grounds of inadmissibility and deportability. Sec. 604. Precluding refugee adjustment of status for persecutors and human rights violators. Sec. 605. Removal of condition on lawful permanent resident status prior to naturalization. Sec. 606. Prohibition on terrorists and aliens who pose a threat to national security or public safety from receiving an adjustment of status. Sec. 607. Treatment of applications for adjustment of status during pending denaturalization proceedings. Sec. 608. Extension of time limit to permit rescission of permanent resident status. Sec. 609. Barring persecutors and terrorists from registry. Subtitle B—Prohibition on Naturalization and United States Citizenship Sec. 621. Barring terrorists from becoming naturalized United States citizens. Sec. 622. Terrorist bar to good moral character. Sec. 623. Prohibition on judicial review of naturalization applications for aliens in removal proceedings. Sec. 624. Limitation on judicial review when agency has not made decision on naturalization application and on denials. Sec. 625. Clarification of denaturalization authority. Sec. 626. Denaturalization of terrorists. Sec. 627. Treatment of pending applications during denaturalization proceedings. Sec. 628. Naturalization document retention. MDM17980 S.L.C. 6 Subtitle C—Forfeiture of Proceeds From Passport and Visa Offences, and Passport Revocation. Sec. 631. Forfeiture of proceeds from passport and visa offenses. Sec. 632. Passport Revocation Act. TITLE VII—OTHER MATTERS Sec. Sec. Sec. Sec. Sec. Sec. 701. 702. 703. 704. 705. 706. Other Immigration and Nationality Act amendments. Exemption from the Administrative Procedure Act. Exemption from the Paperwork Reduction Act. Ability to fill and retain DHS positions in U.S. territories. Severability. Funding. TITLE VIII—TECHNICAL AMENDMENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 801. 802. 803. 804. 805. 806. 807. 808. 809. References to the Immigration and Nationality Act. Title I technical amendments. Title II technical amendments. Title III technical amendments. Title IV technical amendments. Title V technical amendments. Other amendments. Repeals; construction. Miscellaneous technical corrections. 1 SEC. 2. DEFINITIONS. 2 In this Act: 3 (1) NORTHERN BORDER.—The term ‘‘northern 4 border’’ means the international border between the 5 United States and Canada. 6 (2) SOUTHERN BORDER.—The term ‘‘southern 7 border’’ means the international border between the 8 United States and Mexico. 9 TITLE I—BORDER SECURITY 10 SEC. 101. DEFINITIONS. 11 In this title: 12 (1) APPROPRIATE CONGRESSIONAL COM- 13 MITTEE.—The 14 mittee’’ has the meaning given the term in section term ‘‘appropriate congressional com- MDM17980 S.L.C. 7 1 2(2) of the Homeland Security Act of 2002 (6 2 U.S.C. 101(2)). 3 (2) COMMISSIONER.—The term ‘‘Commis- 4 sioner’’ means the Commissioner of U.S. Customs 5 and Border Protection. 6 (3) HIGH TRAFFIC AREAS.—The term ‘‘high 7 traffic areas’’ has the meaning given that term in 8 section 102(e)(1) of the Illegal Immigration Reform 9 and Immigrant Responsibility Act of 1996, as 10 11 amended by section 102 of this Act. (4) SITUATIONAL AWARENESS.—The term ‘‘sit- 12 uational awareness’’ has the meaning given that 13 term in section 1092(a)(7) of the National Defense 14 Authorization Act for Fiscal Year 2017 (Public Law 15 114–328; 6 U.S.C. 223(a)(7)). 17 Subtitle A—Infrastructure and Equipment 18 SEC. 102. STRENGTHENING THE REQUIREMENTS FOR BAR- 16 19 20 RIERS ALONG THE SOUTHERN BORDER. Section 102 of the Illegal Immigration Reform and 21 Immigrant Responsibility Act of 1996 (division C of Pub22 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 23 24 (1) by amending subsection (a) to read as follows: MDM17980 S.L.C. 8 1 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se- 2 curity shall take such actions as may be necessary (includ3 ing the removal of obstacles to the detection of illegal en4 trants) to construct, install, deploy, operate, and maintain 5 tactical infrastructure and border technology in the vicin6 ity of the United States border to deter, impede, and de7 tect illegal activity in high traffic areas.’’; 8 9 (2) in subsection (b)— (A) in the subsection heading, by striking 10 ‘‘FENCING’’ and inserting ‘‘PHYSICAL 11 RIERS’’; 12 BAR- (B) in paragraph (1)— 13 (i) in subparagraph (A), by inserting 14 ‘‘situational awareness and’’ before ‘‘oper- 15 ational control’’; and 16 (ii) by amending subparagraph (B) to 17 read as follows: 18 ‘‘(B) TACTICAL 19 ‘‘(i) IN INFRASTRUCTURE.— GENERAL.—Not later than 20 January 20, 2021, the Secretary of Home- 21 land Security, in carrying out subsection 22 (a), shall deploy the most practical and ef- 23 fective 24 along the United States border for achiev- tactical infrastructure available MDM17980 S.L.C. 9 1 ing situational awareness and operational 2 control. 3 ‘‘(ii) TACTICAL INFRASTRUCTURE DE- 4 FINED.—In 5 ‘tactical infrastructure’ includes— this subparagraph, the term 6 ‘‘(I) boat ramps, access gates, 7 forward operating bases, checkpoints, 8 lighting, and roads, and 9 ‘‘(II) physical barriers (including 10 fencing, border wall system, and levee 11 walls).’’; and 12 (iii) in subparagraph (C), by amend- 13 14 ing clause (i) to read as follows: ‘‘(i) IN GENERAL.—In carrying out 15 this section, the Secretary of Homeland 16 Security shall consult with the Secretary of 17 the Interior, the Secretary of Agriculture, 18 Governors of each State on the Southern 19 land border and Northern land border, 20 other States, local governments, Indian 21 tribes, representatives of U.S. Border Pa- 22 trol and U.S. Customs and Border Protec- 23 tion, relevant Federal, State, local, and 24 tribal agencies that have jurisdiction over 25 the Southern land border, or in the mari- MDM17980 S.L.C. 10 1 time environment, and private property 2 owners in the United States to minimize 3 the impact on the environment, culture, 4 commerce, and quality of life of the com- 5 munities and residents located near the 6 sites at which physical barriers and tactical 7 infrastructure is to be constructed.’’; 8 (C) in paragraph (2)— 9 (i) by striking ‘‘Attorney General’’ 10 and inserting ‘‘Secretary of Homeland Se- 11 curity’’; and 12 (ii) by striking ‘‘construction of 13 fences’’ and inserting ‘‘the construction of 14 physical barriers’’; and 15 (D) by amending paragraph (3) to read as 16 follows: 17 ‘‘(3) AGENT SAFETY.—In carrying out this sec- 18 tion, the Secretary of Homeland Security may not 19 construct reinforced fencing, or tactical infrastruc- 20 ture, as the case may be, that would, in any manner, 21 impede or negatively affect the safety of any officer 22 or agent of the Department of Homeland Security or 23 any other Federal agency.’’; 24 25 (3) in subsection (c), by amending paragraph (1) to read as follows: MDM17980 S.L.C. 11 1 ‘‘(1) IN GENERAL.—Notwithstanding any other 2 provision of law, the Secretary of Homeland Security 3 is authorized to waive all legal requirements the Sec- 4 retary of Homeland Security, in the Secretary’s sole 5 discretion, determines necessary to ensure the expe- 6 ditious construction, installation, operation, and 7 maintenance of the tactical infrastructure and tech- 8 nology under this section. Any such decision by the 9 Secretary of Homeland Security shall be effective 10 11 upon publication in the Federal Register.’’; and (4) by striking subsection (d) and inserting the 12 following: 13 ‘‘(d) CONSTRUCTION, INSTALLATION 14 15 NANCE OF AND MAINTE- TECHNOLOGY.— ‘‘(1) IN GENERAL.—Not later than January 20, 16 2021, the Secretary of Homeland Security, in car- 17 rying out subsection (a), shall deploy the most prac- 18 tical and effective technology available along the 19 United States border for achieving situational 20 awareness and operational control of the border. 21 ‘‘(2) TECHNOLOGY DEFINED.—In this sub- 22 section, the term ‘technology’ includes border sur- 23 veillance and detection technology, including— 24 ‘‘(A) radar surveillance systems; MDM17980 S.L.C. 12 1 2 ‘‘(B) Vehicle and Dismount Exploitation Radars (VADER); 3 ‘‘(C) 3-dimensional, seismic acoustic detec- 4 tion and ranging border tunneling detection 5 technology; 6 ‘‘(D) sensors; 7 ‘‘(E) unmanned cameras; and 8 ‘‘(F) man-portable and mobile vehicle- 9 10 11 mounted unmanned aerial vehicles. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high 12 traffic areas’ means sectors along the northern, 13 southern, or coastal border that— 14 15 16 ‘‘(A) are within the responsibility of U.S. Customs and Border Protection; and ‘‘(B) have significant unlawful cross-border 17 activity. 18 ‘‘(2) SITUATIONAL AWARENESS.—The term ‘sit- 19 uational awareness’ has the meaning given the term 20 in section 1092(a)(7) of the National Defense Au- 21 thorization Act for Fiscal Year 2017 (Public Law 22 114–328).’’. 23 24 SEC. 103. AIR AND MARINE OPERATIONS FLIGHT HOURS. (a) INCREASED FLIGHT HOURS.—The Secretary of 25 Homeland Security shall ensure that not fewer than MDM17980 S.L.C. 13 1 95,000 annual flight hours are carried out by Air and Ma2 rine Operations of U.S. Customs and Border Protection. 3 (b) UNMANNED AERIAL SYSTEM.—The Secretary of 4 Homeland Security shall ensure that Air and Marine Op5 erations operate unmanned aerial systems for not less 6 than 24 hours per day for five days per week. 7 (c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 8 Commissioner shall contract for the unfulfilled identified 9 air support mission critical hours, as identified by the 10 Chief of the U.S. Border Patrol. 11 (d) PRIMARY MISSION.—The Commissioner shall en- 12 sure that— 13 (1) the primary mission for Air and Marine Op- 14 erations is to directly support U.S. Border Patrol 15 activities along the southern border; and 16 (2) the Executive Associate Commissioner of 17 Air and Marine Operations assigns the greatest pri- 18 ority to support missions established by the Commis- 19 sioner to carry out the requirements under this Act. 20 (e) HIGH-DEMAND FLIGHT HOUR REQUIREMENTS.— 21 In accordance with subsection (c), the Commissioner shall 22 ensure that U.S. Border Patrol Sector Chiefs— 23 24 (1) identify critical flight hour requirements; and MDM17980 S.L.C. 14 1 (2) direct Air and Marine Operations to sup- 2 port requests from Sector Chiefs as their primary 3 mission. 4 (f) STUDY AND REPORT.— 5 (1) STUDY.—Not later than 60 days after the 6 date of the enactment of this Act, the Secretary of 7 Homeland Security shall commence a comprehensive 8 study on the realignment of the Air and Marine Of- 9 fice as a directorate of U.S. Border Patrol. 10 (2) REPORT.—Not later than 180 days after 11 the date of the enactment of this Act, the Secretary 12 of Homeland Security shall submit a report to the 13 Committee on Homeland Security and Governmental 14 Affairs of the Senate and the Committee on Home- 15 land Security of the House of Representatives that 16 contains the results of the study under paragraph 17 (1), including recommendations and timeframes for 18 implementing such realignment described in such 19 paragraph. 20 21 22 SEC. 104. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND REGIONS. (a) IN GENERAL.—Not later than January 20, 2021, 23 the Secretary of Homeland Security, in implementing sec24 tion 102 of the Illegal Immigration Reform and Immi25 grant Responsibility Act of 1996 (as amended by section MDM17980 S.L.C. 15 1 102 of this Act), and acting through the appropriate com2 ponent of the Department of Homeland Security, shall de3 ploy to each sector or region of the southern border and 4 the northern border, in a prioritized manner to achieve 5 situational awareness and operational control of such bor6 ders, the following additional capabilities: 7 8 (1) SAN (A) Subterranean surveillance and detection technologies. 11 12 the San Diego sector, the following: 9 10 DIEGO SECTOR.—For (B) To increase coastal maritime domain awareness, the following: 13 (i) Deployable, lighter-than-air surface 14 surveillance equipment. 15 (ii) Unmanned aerial vehicles with 16 maritime surveillance capability. 17 (iii) Maritime patrol aircraft. 18 (iv) Coastal radar surveillance sys- 19 tems. 20 (v) Maritime signals intelligence capa- 21 bilities. 22 (C) Ultralight aircraft detection capabili- 23 ties. 24 25 (D) Advanced unattended surveillance sensors. MDM17980 S.L.C. 16 1 2 (E) A rapid reaction capability supported by aviation assets. 3 (F) Mobile vehicle-mounted and man-port- 4 able surveillance capabilities. 5 (2) EL 6 CENTRO SECTOR.—For the El Centro sector, the following: 7 (A) Tower-based surveillance technology. 8 (B) Deployable, lighter-than-air ground 9 surveillance equipment. 10 11 (C) Man-portable unmanned aerial vehicles. 12 13 (D) Ultralight aircraft detection capabilities. 14 15 (E) Advanced unattended surveillance sensors. 16 (F) A rapid reaction capability supported 17 by aviation assets. 18 (3) YUMA 19 SECTOR.—For the Yuma sector, the following: 20 (A) Tower-based surveillance technology. 21 (B) Mobile vehicle-mounted and man-port- 22 23 24 able surveillance systems. (C) Deployable, lighter-than-air ground surveillance equipment. MDM17980 S.L.C. 17 1 2 (D) Ultralight aircraft detection capabilities. 3 4 (E) Advanced unattended surveillance sensors. 5 6 (F) A rapid reaction capability supported by aviation assets. 7 8 (G) Mobile vehicle-mounted and man-portable surveillance capabilities. 9 (H) Man-portable unmanned aerial vehi- 10 cles. 11 (4) TUCSON 12 SECTOR.—For the Tucson sector, the following: 13 (A) Increased flight hours for aerial detec- 14 tion, interdiction, and monitoring operations ca- 15 pability. 16 17 (B) Man-portable unmanned aerial vehicles. 18 (C) Tower-based surveillance technology. 19 (D) Ultralight aircraft detection capabili- 20 ties. 21 22 23 24 (E) Advanced unattended surveillance sensors. (F) Deployable, lighter-than-air ground surveillance equipment. MDM17980 S.L.C. 18 1 (G) A rapid reaction capability supported 2 by aviation assets. 3 (5) EL 4 PASO SECTOR.—For the El Paso sector, the following: 5 (A) Tower-based surveillance technology. 6 (B) Ultralight aircraft detection capabili- 7 ties. 8 9 (C) Advanced unattended surveillance sensors. 10 11 (D) Mobile vehicle-mounted and man-portable surveillance systems. 12 13 (E) Deployable, lighter-than-air ground surveillance equipment. 14 15 (F) A rapid reaction capability supported by aviation assets. 16 (G) Man-portable surveillance capabilities. 17 (6) BIG 18 tor, the following: BEND SECTOR.—For the Big Bend sec- 19 (A) Tower-based surveillance technology. 20 (B) Deployable, lighter-than-air ground 21 surveillance equipment. 22 23 (C) Improved agent communications capabilities. 24 25 (D) Ultralight aircraft detection capabilities. MDM17980 S.L.C. 19 1 2 (E) Advanced unattended surveillance sensors. 3 4 (F) A rapid reaction capability supported by aviation assets. 5 6 (G) Mobile vehicle-mounted and man-portable surveillance capabilities. 7 (H) Man-portable unmanned aerial vehi- 8 cles. 9 (7) DEL 10 the following: 11 12 dams, culverts, and footpaths. (B) Improved agent communications capabilities. 15 16 (C) Improved maritime capabilities in the Amistad National Recreation Area. 17 18 (D) Advanced unattended surveillance sensors. 19 20 (E) A rapid reaction capability supported by aviation assets. 21 22 (F) Mobile vehicle-mounted and man-portable surveillance capabilities. 23 24 the Del Rio sector, (A) Increased monitoring for cross-river 13 14 RIO SECTOR.—For (G) Man-portable unmanned aerial vehicles. MDM17980 S.L.C. 20 1 2 (8) LAREDO the Laredo sector, the following: 3 4 SECTOR.—For (A) Maritime detection resources for the Falcon Lake region. 5 (B) Increased flight hours for aerial detec- 6 tion, interdiction, and monitoring operations ca- 7 pability. 8 9 (C) Increased monitoring for cross-river dams, culverts, and footpaths. 10 (D) Ultralight aircraft detection capability. 11 (E) Advanced unattended surveillance sen- 12 sors. 13 14 (F) A rapid reaction capability supported by aviation assets. 15 (G) Man-portable unmanned aerial vehi- 16 cles. 17 (9) RIO 18 19 20 GRANDE VALLEY SECTOR.—For the Rio Grande Valley sector, the following: (A) Deployable, lighter-than-air ground surveillance equipment. 21 (B) Increased flight hours for aerial detec- 22 tion, interdiction, and monitoring operations ca- 23 pability. 24 (C) Ultralight aircraft detection capability. MDM17980 S.L.C. 21 1 2 (D) Advanced unattended surveillance sensors. 3 4 (E) Increased monitoring for cross-river dams, culverts, footpaths. 5 6 (F) A rapid reaction capability supported by aviation assets. 7 8 (G) Mobile vehicle-mounted and man-portable surveillance capabilities. 9 (H) Man-portable unmanned aerial vehi- 10 cles. 11 (10) EASTERN PACIFIC MARITIME REGION.— 12 For the Eastern Pacific Maritime region, the fol- 13 lowing: 14 (A) Not later than two years after the date 15 of the enactment of this Act, an increase of not 16 less than ten percent in the number of overall 17 cutter, boat, and aircraft hours spent con- 18 ducting interdiction operations over the average 19 number of such hours during the preceding 20 three fiscal years. 21 22 23 24 (B) Increased maritime signals intelligence capabilities. (C) To increase maritime domain awareness, the following: MDM17980 S.L.C. 22 1 2 (i) Unmanned aerial vehicles with maritime surveillance capability. 3 (ii) Increased maritime aviation patrol 4 hours. 5 (D) Increased operational hours for mari- 6 time security components dedicated to joint 7 counter-smuggling and interdiction efforts with 8 other 9 Deployable Specialized Forces of the Coast Federal 10 Guard. 11 (11) CARIBBEAN 12 GION.—For 13 gion, the following: agencies, AND GULF including MARITIME the RE- the Caribbean and Gulf Maritime re- 14 (A) Not later than two years after the date 15 of the enactment of this Act, an increase of not 16 less than ten percent in the number of overall 17 cutter, boat, and aircraft hours spent con- 18 ducting interdiction operations over the average 19 number of such hours during the preceding 20 three fiscal years. 21 22 (B) Increased maritime signals intelligence capabilities. 23 (C) Increased maritime domain awareness 24 and surveillance capabilities, including the fol- 25 lowing: MDM17980 S.L.C. 23 1 (i) Unmanned aerial vehicles with 2 maritime surveillance capability. 3 (ii) Increased maritime aviation patrol 4 hours. 5 (iii) Coastal radar surveillance sys- 6 tems with long range day and night cam- 7 eras capable of providing 100 percent mar- 8 itime domain awareness of the United 9 States territorial waters surrounding Puer- 10 to Rico, Mona Island, Desecheo Island, 11 Vieques Island, Culebra Island, Saint 12 Thomas, Saint John, and Saint Croix. 13 (D) Increased operational hours for mari- 14 time security components dedicated to joint 15 counter-smuggling and interdiction efforts with 16 other 17 Deployable Specialized Forces of the Coast 18 Guard. 19 (12) BLAINE 20 Federal agencies, SECTOR.—For including the the Blaine sector, the following: 21 (A) Coastal radar surveillance systems. 22 (B) Mobile vehicle-mounted and man-port- 23 able surveillance capabilities. 24 25 (C) Advanced unattended surveillance sensors. MDM17980 S.L.C. 24 1 2 (D) Improved agent communications systems. 3 (E) Increased flight hours for aerial detec- 4 tion, interdiction, and monitoring operations ca- 5 pability. 6 7 (F) Man-portable unmanned aerial vehicles. 8 9 (G) Ultralight aircraft detection capabilities. 10 11 (H) Modernized port of entry surveillance capabilities. 12 (I) Increased maritime interdiction capa- 13 bilities. 14 (13) SPOKANE 15 (A) Mobile vehicle-mounted and man-portable surveillance capabilities. 18 19 20 21 the Spokane sec- tor, the following: 16 17 SECTOR.—For (B) Advanced unattended surveillance sensors. (C) Improved agent communications systems. 22 (D) Increased flight hours for aerial detec- 23 tion, interdiction, and monitoring operations ca- 24 pability. MDM17980 S.L.C. 25 1 2 (E) Man-portable unmanned aerial vehicles. 3 4 (F) Completion of six miles of the Bog Creek road. 5 6 (G) Ultralight aircraft detection capabilities. 7 8 (H) Modernized port of entry surveillance capabilities. 9 (I) Increased maritime interdiction capa- 10 bilities. 11 (14) HAVRE 12 (A) Mobile vehicle-mounted and man-portable surveillance capabilities. 15 16 (B) Advanced unattended surveillance sensors. 17 18 the Havre sector, the following: 13 14 SECTOR.—For (C) Improved agent communications systems. 19 (D) Increased flight hours for aerial detec- 20 tion, interdiction, and monitoring operations ca- 21 pability. 22 23 (E) Man-portable unmanned aerial vehicles. 24 25 (F) Ultralight aircraft detection capabilities. MDM17980 S.L.C. 26 1 (G) Modernized port of entry surveillance 2 capabilities. 3 (15) GRAND 4 (A) Mobile vehicle-mounted and man-portable surveillance capabilities. 7 8 (B) Advanced unattended surveillance sensors. 9 10 the Grand Forks sector, the following: 5 6 FORKS SECTOR.—For (C) Improved agent communications systems. 11 (D) Increased flight hours for aerial detec- 12 tion, interdiction, and monitoring operations ca- 13 pability. 14 15 (E) Man-portable unmanned aerial vehicles. 16 17 18 (F) Ultralight aircraft detection capabilities. (G) Modernized port of entry surveillance 19 capabilities. 20 (16) DETROIT 21 SECTOR.—For the Detroit sec- tor, the following: 22 (A) Coastal radar surveillance systems. 23 (B) Mobile vehicle-mounted and man-port- 24 able surveillance capabilities. MDM17980 S.L.C. 27 1 2 (C) Advanced unattended surveillance sensors. 3 4 (D) Improved agent communications systems. 5 (E) Increased flight hours for aerial detec- 6 tion, interdiction, and monitoring operations ca- 7 pability. 8 9 (F) Man-portable unmanned aerial vehicles. 10 11 (G) Ultralight aircraft detection capabilities. 12 13 (H) Modernized port of entry surveillance capabilities. 14 (I) Increased maritime interdiction capa- 15 bilities. 16 (17) BUFFALO 17 SECTOR.—For the Buffalo sec- tor, the following: 18 (A) Coastal radar surveillance systems. 19 (B) Mobile vehicle-mounted and man-port- 20 able surveillance capabilities. 21 22 23 24 (C) Advanced unattended surveillance sensors. (D) Improved agent communications systems. MDM17980 S.L.C. 28 1 (E) Increased flight hours for aerial detec- 2 tion, interdiction, and monitoring operations ca- 3 pability. 4 5 (F) Man-portable unmanned aerial vehicles. 6 7 (G) Ultralight aircraft detection capabilities. 8 9 (H) Modernized port of entry surveillance capabilities. 10 (I) Increased maritime interdiction capa- 11 bilities. 12 (18) SWANTON 13 (A) Mobile vehicle-mounted and man-portable surveillance capabilities. 16 17 (B) Advanced unattended surveillance sensors. 18 19 the Swanton sec- tor, the following: 14 15 SECTOR.—For (C) Improved agent communications systems. 20 (D) Increased flight hours for aerial detec- 21 tion, interdiction, and monitoring operations ca- 22 pability. 23 24 (E) Man-portable unmanned aerial vehicles. MDM17980 S.L.C. 29 1 2 (F) Ultralight aircraft detection capabilities. 3 (G) Modernized port of entry surveillance 4 capabilities. 5 (19) HOULTON 6 (A) Mobile vehicle-mounted and man-portable surveillance capabilities. 9 10 (B) Advanced unattended surveillance sensors. 11 12 the Houlton sec- tor, the following: 7 8 SECTOR.—For (C) Improved agent communications systems. 13 (D) Increased flight hours for aerial detec- 14 tion, interdiction, and monitoring operations ca- 15 pability. 16 17 (E) Man-portable unmanned aerial vehicles. 18 19 20 21 22 (F) Ultralight aircraft detection capabilities. (G) Modernized port of entry surveillance capabilities. (b) REIMBURSEMENT RELATED TO THE LOWER RIO 23 GRANDE VALLEY FLOOD CONTROL PROJECT.—The 24 International Boundary and Water Commission is author25 ized to reimburse State and local governments for any ex- MDM17980 S.L.C. 30 1 penses incurred before, on, or after the date of the enact2 ment of this Act by such governments in designing, con3 structing, and rehabilitating the Lower Rio Grande Valley 4 Flood Control Project of the Commission. 5 6 (c) TACTICAL FLEXIBILITY.— (1) SOUTHERN AND NORTHERN LAND BOR- 7 DERS.—The 8 alter the capability deployment referred to in this 9 section if the Secretary determines, after notifying 10 the Committee on Homeland Security and Govern- 11 mental Affairs of the Senate and the Committee on 12 Homeland Security of the House of Representatives, 13 that such alteration is required to enhance situa- 14 tional awareness or operational control. 15 Secretary of Homeland Security may (2) MARITIME BORDER.— 16 (A) NOTIFICATION.—The Commandant of 17 the Coast Guard shall notify the Committee on 18 Homeland Security and Governmental Affairs 19 of the Senate, the Committee on Commerce, 20 Science, and Transportation of the Senate, the 21 Committee on Homeland Security of the House 22 of Representatives, and the Committee on 23 Transportation and Infrastructure of the House 24 of Representatives regarding the capability de- MDM17980 S.L.C. 31 1 ployments referred to in this section, including 2 information relating to— 3 4 (i) the number and types of assets and personnel deployed; and 5 (ii) the impact such deployments have 6 on the capability of the Coast Guard to 7 conduct its mission in each of the sectors 8 referred to in paragraphs (10) and (11) of 9 subsection (a). 10 (B) ALTERATION.—The Commandant of 11 the Coast Guard may alter the capability de- 12 ployments referred to in this section if the 13 Commandant— 14 (i) determines, after consultation with 15 the appropriate committees referred to in 16 subparagraph (A), that such alteration is 17 necessary; and 18 (ii) not later than 30 days after mak- 19 ing a determination under clause (i), noti- 20 fies the committees referred to in such 21 subparagraph regarding such alteration, 22 including information relating to— 23 (I) the number and types of as- 24 sets and personnel deployed pursuant 25 to such alteration; and MDM17980 S.L.C. 32 1 (II) the impact such alteration 2 has on the capability of the Coast 3 Guard to conduct its mission in each 4 of the sectors referred to in subsection 5 (a). 6 7 8 SEC. 105. U.S. BORDER PATROL PHYSICAL INFRASTRUCTURE IMPROVEMENTS. The Secretary of Homeland Security shall upgrade 9 existing physical infrastructure of the Department of 10 Homeland Security, and construct and acquire additional 11 physical infrastructure, including— 12 (1) U.S. Border Patrol stations; 13 (2) U.S. Border Patrol checkpoints; 14 (3) mobile command centers; and 15 (4) other necessary facilities, structures, and 16 17 18 properties. SEC. 106. U.S. BORDER PATROL ACTIVITIES. The Chief of the U.S. Border Patrol shall direct 19 agents of the U.S. Border Patrol to patrol as close to the 20 physical land border as possible, consistent with the acces21 sibility to such areas. 22 SEC. 107. U.S. BORDER PATROL FORWARD OPERATING 23 BASES. 24 (a) UPGRADES AND MAINTENANCE FOR FORWARD 25 OPERATING BASES.—Not later than January 20, 2021, MDM17980 S.L.C. 33 1 the Secretary of Homeland Security shall upgrade existing 2 forward operating bases of U.S. Border Patrol on or near 3 the southern border to ensure that such bases meet the 4 minimum requirements set forth in subsection (b). 5 (b) MINIMUM REQUIREMENTS.—Each forward oper- 6 ating base operated by U.S. Customs and Border Protec7 tion shall be equipped with— 8 (1) perimeter security; 9 (2) short-term detention space (separate from 10 existing housing facilities); 11 (3) portable generators or shore power suffi- 12 cient to meet the power requirements for the base; 13 (4) interview rooms; 14 (5) adequate communications, including wide 15 area network connectivity; 16 (6) cellular service; 17 (7) potable water; and 18 (8) a helicopter landing zone. 19 20 21 SEC. 108. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT. (a) IN GENERAL.—Subtitle C of title IV of the 22 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 23 is amended by adding at the end the following new section: MDM17980 S.L.C. 34 1 2 3 ‘‘SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT. ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 4 this section, the term ‘major acquisition program’ means 5 an acquisition program of the Department that is esti6 mated by the Secretary to require an eventual total ex7 penditure of at least $300,000,000 (based on fiscal year 8 2017 constant dollars) over its life cycle cost. 9 ‘‘(b) PLANNING DOCUMENTATION.—For each border 10 security technology acquisition program of the Depart11 ment that is determined to be a major acquisition pro12 gram, the Secretary shall— 13 ‘‘(1) ensure that each such program has a writ- 14 ten acquisition program baseline approved by the 15 relevant acquisition decision authority; 16 ‘‘(2) document that each such program is meet- 17 ing cost, schedule, and performance thresholds as 18 specified in such baseline, in compliance with rel- 19 evant departmental acquisition policies and the Fed- 20 eral Acquisition Regulation; and 21 ‘‘(3) have a plan for meeting program imple- 22 mentation objectives by managing contractor per- 23 formance. 24 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 25 acting through the Under Secretary for Management and 26 the Commissioner of U.S. Customs and Border Protection, MDM17980 S.L.C. 35 1 shall ensure border security technology acquisition pro2 gram managers who are responsible for carrying out this 3 section adhere to relevant internal control standards iden4 tified by the Comptroller General of the United States. 5 The Commissioner shall provide information, as needed, 6 to assist the Under Secretary in monitoring management 7 of border security technology acquisition programs under 8 this section. 9 ‘‘(d) PLAN.—The Secretary, acting through the 10 Under Secretary for Management, in coordination with 11 the Under Secretary for Science and Technology and the 12 Commissioner of U.S. Customs and Border Protection, 13 shall submit to the appropriate congressional committees 14 a plan for testing and evaluation, as well as the use of 15 independent verification and validation resources, for bor16 der security technology so that new border security tech17 nologies are evaluated through a series of assessments, 18 processes, and audits to ensure compliance with relevant 19 departmental acquisition policies and the Federal Acquisi20 tion Regulation, as well as the effectiveness of taxpayer 21 dollars.’’. 22 (b) CLERICAL AMENDMENT.—The table of contents 23 in section 1(b) of the Homeland Security Act of 2002 is 24 amended by inserting after the item relating to section 25 433 the following new item: ‘‘Sec. 434. Border security technology program management.’’. MDM17980 S.L.C. 36 1 2 (c) PROHIBITION OF ON ADDITIONAL AUTHORIZATION APPROPRIATIONS.—No additional funds are author- 3 ized to be appropriated to carry out section 434 of the 4 Homeland Security Act of 2002, as added by subsection 5 (a). Such section shall be carried out using amounts other6 wise authorized for such purposes. 7 8 SEC. 109. AUTHORITY TO ACQUIRE LEASEHOLDS. Notwithstanding any other provision of law, if the 9 Secretary of Homeland Security determines that the ac10 quisition of a leasehold interest in real property and the 11 construction or modification of any facility on the leased 12 property are necessary to facilitate the implementation of 13 this Act, the Secretary may— 14 (1) acquire a leasehold interest; 15 (2) construct or modify such facility; 16 (3) accept real or personal property donations 17 of any value through U.S. Customs and Border Pro- 18 tection’s Donations Acceptance Program under the 19 Cross-Border Trade Enhancement Act of 2016 20 (Public Law 114–279) or through other public-pub- 21 lic or public-private partnership arrangements at any 22 location at which U.S. Customs and Border Protec- 23 tion operates; and 24 25 (4) designate any leasing action as exempt from Federal lease scoring rules. MDM17980 S.L.C. 37 1 SEC. 110. NATIONAL GUARD SUPPORT TO SECURE THE 2 SOUTHERN BORDER AND REIMBURSEMENT 3 OF STATES FOR DEPLOYMENT OF THE NA- 4 TIONAL GUARD AT THE SOUTHERN BORDER. 5 (a) IN GENERAL.—With the approval of the Sec- 6 retary of Defense, the Secretary of Homeland Security, 7 or the Governor of a State may order any units or per8 sonnel of the National Guard of such State to perform 9 operations and missions under section 502(f) of title 32, 10 United States Code, along the southern border for the 11 purposes of assisting U.S. Customs and Border Protection 12 to secure the southern border. 13 (b) ASSIGNMENT 14 (1) IN OF OPERATIONS GENERAL.—National AND MISSIONS.— Guard units and 15 personnel deployed under subsection (a) may be as- 16 signed such operations and missions specified in sub- 17 section (c) as may be necessary to secure the south- 18 ern border. 19 (2) NATURE OF DUTY.—The duty of National 20 Guard personnel performing operations and missions 21 described in paragraph (1) shall be full-time duty 22 under title 32, United States Code. 23 (c) RANGE OF OPERATIONS AND MISSIONS.—The op- 24 erations and missions assigned under subsection (b) shall 25 include the temporary authority to— MDM17980 S.L.C. 38 1 (1) construct reinforced fencing or other bar- 2 riers; 3 (2) conduct ground-based surveillance systems; 4 (3) operate unmanned and manned aircraft; 5 (4) provide radio communications interoper- 6 ability between U.S. Customs and Border Protection 7 and State, local, and tribal law enforcement agen- 8 cies; and 9 (5) construct checkpoints along the southern 10 border to bridge the gap to long-term permanent 11 checkpoints. 12 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 13 Secretary of Defense shall deploy such materiel and equip14 ment, and logistical support as may be necessary to ensure 15 success of the operations and missions conducted by the 16 National Guard under this section. 17 18 (e) EXCLUSION FROM NATIONAL GUARD PERSONNEL STRENGTH LIMITATIONS.—National Guard per- 19 sonnel deployed under subsection (a) shall not be included 20 in— 21 (1) the calculation to determine compliance 22 with limits on end strength for National Guard per- 23 sonnel; or 24 (2) limits on the number of National Guard 25 personnel that may be placed on active duty for MDM17980 S.L.C. 39 1 operational support under section 115 of title 10, 2 United States Code. 3 (f) REIMBURSEMENT REQUIRED.— 4 (1) IN GENERAL.—The Secretary of Defense 5 shall reimburse States for the cost of the deployment 6 of any units or personnel of the National Guard to 7 perform operations and missions in full-time State 8 Active Duty in support of a southern border mission. 9 The Secretary of Defense may not seek reimburse- 10 ment from the Secretary of Homeland Security for 11 any reimbursements to States for the costs of such 12 deployments. 13 (2) LIMITATION.—The total amount of reim- 14 bursements under this section may not exceed 15 $35,000,000 for any fiscal year. 16 17 SEC. 111. OPERATION PHALANX. (a) IN GENERAL.—The Secretary of Defense, with 18 the concurrence of the Secretary of Homeland Security, 19 shall provide assistance to U.S. Customs and Border Pro20 tection for purposes of increasing ongoing efforts to secure 21 the southern border. 22 (b) TYPES OF ASSISTANCE AUTHORIZED.—The as- 23 sistance provided under subsection (a) may include— 24 (1) deployment of manned aircraft, unmanned 25 aerial surveillance systems, and ground-based sur- MDM17980 S.L.C. 40 1 veillance systems to support continuous surveillance 2 of the southern border; and 3 4 (2) intelligence analysis support. (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec- 5 retary of Defense may deploy such materiel, equipment, 6 and logistics support as may be necessary to ensure the 7 effectiveness of the assistance provided under subsection 8 (a). 9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 10 are authorized to be appropriated for the Department of 11 Defense $75,000,000 to provide assistance under this sec12 tion. The Secretary of Defense may not seek reimburse13 ment from the Secretary of Homeland Security for any 14 assistance provided under this section. 15 (e) REPORTS.— 16 (1) IN GENERAL.—Not later than 90 days after 17 the date of the enactment of this Act, and annually 18 thereafter, the Secretary of Defense shall submit a 19 report to the appropriate congressional defense com- 20 mittees (as defined in section 101(a)(16) of title 10, 21 United States Code) regarding any assistance pro- 22 vided under subsection (a) during the period speci- 23 fied in paragraph (3). MDM17980 S.L.C. 41 1 (2) ELEMENTS.—Each report under paragraph 2 (1) shall include, for the period specified in para- 3 graph (3), a description of— 4 (A) the assistance provided; 5 (B) the sources and amounts of funds used 6 to provide such assistance; and 7 (C) the amounts obligated to provide such 8 assistance. 9 (3) PERIOD 10 in this paragraph is— SPECIFIED.—The period specified 11 (A) in the case of the first report required 12 under paragraph (1), the 90-day period begin- 13 ning on the date of the enactment of this Act; 14 and 15 (B) in the case of any subsequent report 16 submitted under paragraph (1), the calendar 17 year for which the report is submitted. 18 19 SEC. 112. MERIDA INITIATIVE. (a) SENSE OF CONGRESS.—It is the sense of Con- 20 gress that assistance to Mexico, including assistance from 21 the Department of State and the Department of Defense 22 and any aid related to the Merida Initiative, should— 23 (1) focus on providing enhanced border security 24 and judicial reform and support for Mexico’s drug 25 crop eradication efforts; and MDM17980 S.L.C. 42 1 (2) return to its original focus and prioritize se- 2 curity, training, and acquisition of equipment for 3 Mexican security forces involved in drug crop eradi- 4 cation efforts. 5 (b) ASSISTANCE FOR MEXICO.—The Secretary of 6 State, in coordination with the Secretary of Homeland Se7 curity, and the Secretary of Defense shall provide assist8 ance to Mexico to— 9 10 11 12 (1) combat drug trafficking and related violence, organized crime, and corruption; (2) build a modern border security system capable of preventing illegal migration; 13 (3) support border security and cooperation 14 with United States law enforcement agencies on bor- 15 der incursions; 16 17 (4) support judicial reform, institution building, and rule of law activities; and 18 (5) provide for training and equipment for 19 Mexican security forces involved in drug crop eradi- 20 cation efforts. 21 (c) ALLOCATION OF FUNDS; REPORT.— 22 (1) IN GENERAL.—Notwithstanding any other 23 provision of law, 50 percent of any assistance appro- 24 priated in any appropriations Act to implement this 25 section shall be withheld until after the Secretary of MDM17980 S.L.C. 43 1 State submits a written report to the congressional 2 committees specified in paragraph (3) certifying that 3 the Government of Mexico is— 4 (A) significantly reducing illegal migration, 5 drug trafficking, and cross-border criminal ac- 6 tivities; and 7 (B) improving the transparency and ac- 8 countability of Mexican Federal police forces 9 and working with Mexican State and municipal 10 authorities to improve the transparency and ac- 11 countability of Mexican State and municipal po- 12 lice forces. 13 (2) MATTERS TO INCLUDE.—The report re- 14 quired under paragraph (1) shall include a descrip- 15 tion of— 16 (A) actions taken by the Government of 17 Mexico to address the matters described in such 18 paragraph; and 19 (B) any instances in which the Secretary 20 of State determines that the actions taken by 21 the Government of Mexico are inadequate to 22 address such matters. 23 (3) 24 FIED.—The 25 this paragraph are— CONGRESSIONAL COMMITTEES SPECI- congressional committees specified in MDM17980 S.L.C. 44 1 (A) the Committee on Appropriations of 2 the Senate; 3 (B) the Committee on Homeland Security 4 and Governmental Affairs of the Senate; 5 (C) the Committee on the Judiciary of the 6 Senate; 7 (D) the Committee on Appropriations of 8 the House of Representatives; 9 (E) the Committee on Homeland Security 10 of the House of Representatives; and 11 (F) the Committee on the Judiciary of the 12 13 House of Representatives. (d) NOTIFICATIONS.—Any assistance made available 14 by the Secretary of State under this section shall be sub15 ject to— 16 (1) the notification procedures set forth in sec- 17 tion 634A of the Foreign Assistance Act of 1961 (22 18 U.S.C. 2394–1); and 19 20 21 22 23 24 25 (2) the notification requirements of— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security of the House of Representatives; and MDM17980 S.L.C. 45 1 2 3 4 (D) the Committee on the Judiciary of the House of Representatives. (e) SPENDING PLAN.— (1) IN GENERAL.—Not later than 45 days after 5 the date of the enactment of this Act, the Secretary 6 of State shall submit, to the congressional commit- 7 tees specified in paragraph (2), a detailed spending 8 plan for assistance to Mexico under this section, 9 which shall include a strategy, developed after con- 10 sulting with relevant authorities of the Government 11 of Mexico for— 12 13 (A) combating drug trafficking and related violence and organized crime; and 14 (B) anti-corruption and rule of law activi- 15 ties, which shall include concrete goals, actions 16 to be taken, budget proposals, and a description 17 of anticipated results. 18 (2) 19 FIED.—The 20 this paragraph are— 21 22 23 24 CONGRESSIONAL COMMITTEES SPECI- congressional committees specified in (A) the Committee on Appropriations of the Senate; (B) the Committee on Foreign Relations of the Senate; MDM17980 S.L.C. 46 1 2 3 4 5 6 7 8 9 10 11 12 (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Appropriations of the House of Representatives; (F) the Committee on Foreign Affairs of the House of Representatives; (G) the Committee on Homeland Security of the House of Representatives; and (H) the Committee on the Judiciary of the House of Representatives. 13 SEC. 113. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR- 14 DER SECURITY ON CERTAIN FEDERAL LAND. 15 (a) PROHIBITION ON INTERFERENCE WITH U.S. 16 CUSTOMS AND BORDER PROTECTION.— 17 (1) IN GENERAL.—The Secretary concerned 18 shall not impede, prohibit, or restrict activities of 19 U.S. Customs and Border Protection on covered 20 Federal land to execute search and rescue operations 21 or to prevent all unlawful entries into the United 22 States, including entries by terrorists, other unlawful 23 aliens, instruments of terrorism, narcotics, and other 24 contraband through the southern border or the 25 northern border. MDM17980 S.L.C. 47 1 (2) APPLICABILITY.—The authority of U.S. 2 Customs and Border Protection to conduct activities 3 described in paragraph (1) on covered Federal land 4 applies without regard to whether a state of emer- 5 gency exists. 6 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 7 BORDER PROTECTION.— 8 (1) IN GENERAL.—U.S. Customs and Border 9 Protection shall have immediate access to covered 10 Federal land to conduct the activities described in 11 paragraph (2) on such land to prevent all unlawful 12 entries into the United States, including entries by 13 terrorists, other unlawful aliens, instruments of ter- 14 rorism, narcotics, and other contraband through the 15 southern border or the northern border. 16 17 (2) ACTIVITIES DESCRIBED.—The activities de- scribed in this paragraph are— 18 (A) the use of vehicles to patrol the border 19 area, apprehend illegal entrants, and rescue in- 20 dividuals; and 21 (B) the construction, installation, oper- 22 ation and maintenance of tactical infrastructure 23 and border technology as set forth in section 24 102 of the Illegal Immigration Reform and Im- MDM17980 S.L.C. 48 1 migrant Responsibility Act of 1996 (as amend- 2 ed by section 102 of this Act). 3 (c) EXEMPTION FROM CERTAIN LAWS.— 4 (1) IN GENERAL.—The activities of U.S. Cus- 5 toms and Border Protection described in subsection 6 (b)(2) may be carried out without regard to the pro- 7 visions of law specified in paragraph (2). 8 (2) PROVISIONS OF LAW SPECIFIED.—The pro- 9 visions of law specified in this paragraph are all 10 Federal, State, and other laws, regulations, and 11 legal requirements of, deriving from, or related to 12 the subject of, the following laws: 13 14 15 16 (A) The National Environmental Policy Act (42 U.S.C. 4321 et seq.). (B) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 17 (C) The Federal Water Pollution Control 18 Act (33 U.S.C. 1251 et seq.) (commonly re- 19 ferred to as the ‘‘Clean Water Act’’). 20 (D) Division A of subtitle III of title 54, 21 United States Code (54 U.S.C. 300301 et seq.) 22 (formerly known as the ‘‘National Historic 23 Preservation Act’’). 24 25 (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). MDM17980 S.L.C. 49 1 2 3 4 5 6 7 8 9 10 (F) The Clean Air Act (42 U.S.C. 7401 et seq.). (G) The Archeological 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.). 11 (K) The Comprehensive Environmental 12 Response, Compensation, and Liability Act of 13 1980 (42 U.S.C. 9601 et seq.). 14 (L) Chapter 3125 of title 54, United 15 States Code (formerly known as the ‘‘Archae- 16 ological and Historic Preservation Act’’). 17 18 (M) The Antiquities Act (16 U.S.C. 431 et seq.). 19 (N) Chapter 3203 of title 54, United 20 States Code (formerly known as the ‘‘Historic 21 Sites, Buildings, and Antiquities Act’’). 22 23 24 25 (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.). MDM17980 S.L.C. 50 1 2 3 4 5 6 (Q) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (R) The Wilderness Act (Pub. L. 88-577, 16 U.S.C. 1131 et seq.). (S) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). 7 (T) The National Wildlife Refuge System 8 Administration Act of 1966 (16 U.S.C. 668dd 9 et seq.). 10 11 12 13 (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.). 14 (W) Subchapter II of chapter 5, and chap- 15 ter 7, of title 5, United States Code (commonly 16 known as the ‘‘Administrative Procedure Act’’). 17 (X) The Otay Mountain Wilderness Act of 18 1999 (Pub. L. 106–145). 19 (Y) Sections 102(29) and 103 of the Cali- 20 fornia Desert Protection Act of 1994 (Pub. L. 21 103–433). 22 (Z) Division A of subtitle I of title 54, 23 United States Code (formerly known as the 24 ‘‘National Park Service Organic Act’’). MDM17980 S.L.C. 51 1 2 (AA) The National Park Service General Authorities Act (16 U.S.C. 1a–1 et seq.). 3 (BB) Sections 401(7), 403, and 404 of the 4 National Parks and Recreation Act of 1978 5 (Pub. L. 95–625). 6 (CC) Subsections (a) through (f) of section 7 301 of the Arizona Desert Wilderness Act of 8 1990 (16 U.S.C. 1132 note). 9 (DD) The Act of March 3, 1899 (33 10 U.S.C. 401 et seq.) (commonly known as the 11 ‘‘Rivers and Harbors Appropriation Act of 12 1899’’). 13 (EE) The Act of June 8, 1940 (16 U.S.C. 14 668 et seq.) (commonly known as the ‘‘Bald 15 and Golden Eagle Protection Act’’). 16 (FF) The Native American Graves Protec- 17 tion and Repatriation Act (25 U.S.C. 3001 et 18 seq.). 19 (GG) Public Law 95–341 (42 U.S.C. 20 1996)(commonly known as the ‘‘American In- 21 dian Religious Freedom Act’’). 22 23 24 25 (HH) The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.). (II) The National Forest Management Act of 1976 (16 U.S.C. 472a et seq.). MDM17980 S.L.C. 52 1 (JJ) The Multiple-Use Sustained-Yield Act 2 of 1960 (16 U.S.C. 528 et seq.). 3 (3) APPLICABILITY OF WAIVER TO SUCCESSOR 4 LAWS.—If 5 (2) was repealed and incorporated into title 54, 6 United States Code, after April 1, 2008, and before 7 the date of the enactment of this Act, the waiver de- 8 scribed in paragraph (1) shall apply to the provision 9 of such title that corresponds to the provision of law 10 specified in paragraph (2) to the same extent as the 11 waiver applied to that provision of law. 12 (d) PROTECTION OF LEGAL USES.—This section may a provision of law specified in paragraph 13 not be construed to provide— 14 (1) authority to restrict legal uses, such as 15 grazing, hunting, mining, or recreation or the use of 16 back country airstrips, on land under the jurisdic- 17 tion of the Secretary of the Interior or the Secretary 18 of Agriculture; or 19 (2) any additional authority to restrict legal ac- 20 cess to such land. 21 (e) EFFECT ON STATE AND PRIVATE LAND.—This 22 section shall— 23 24 (1) have no force or effect on State lands or private lands; and MDM17980 S.L.C. 53 1 (2) not provide authority on or access to State 2 lands or private lands. 3 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 4 may be construed to supersede, replace, negate, or dimin5 ish treaties or other agreements between the United States 6 and Indian tribes. 7 (g) DEFINITIONS.—In this section: 8 (1) COVERED FEDERAL LAND.—The term ‘‘cov- 9 ered Federal land’’ includes all land under the con- 10 trol of the Secretary concerned that is located within 11 100 miles of the southern border or the northern 12 border. 13 (2) SECRETARY 14 CONCERNED.—The term ‘‘Sec- retary concerned’’ means— 15 (A) with respect to land under the jurisdic- 16 tion of the Department of Agriculture, the Sec- 17 retary of Agriculture; and 18 (B) with respect to land under the jurisdic- 19 tion of the Department of the Interior, the Sec- 20 retary of the Interior. 21 SEC. 114. LANDOWNER AND RANCHER SECURITY ENHANCE- 22 MENT. 23 24 (a) ESTABLISHMENT RITY OF NATIONAL BORDER SECU- ADVISORY COMMITTEE.—The Secretary of Home- MDM17980 S.L.C. 54 1 land Security shall establish a National Border Security 2 Advisory Committee, which— 3 (1) may advise, consult with, report to, and 4 make recommendations to the Secretary on matters 5 relating to border security matters, including— 6 (A) verifying security claims and the bor- 7 der security metrics established by the Depart- 8 ment of Homeland Security under section 1092 9 of the National Defense Authorization Act for 10 Fiscal Year 2017 (Public Law 114-328; 6 11 U.S.C. 223); and 12 (B) discussing ways to improve the secu- 13 rity of high traffic areas along the northern 14 border and the southern border; and 15 (2) may provide, through the Secretary, rec- 16 ommendations to Congress. 17 (b) CONSIDERATION OF VIEWS.—The Secretary of 18 Homeland Security shall consider the information, advice, 19 and recommendations of the National Border Security Ad20 visory Committee in formulating policy regarding matters 21 affecting border security. 22 (c) MEMBERSHIP.—The National Border Security 23 Advisory Committee shall consist of at least one member 24 per State who— MDM17980 S.L.C. 55 1 2 (1) has at least 5 years practical experience in border security operations; or 3 (2) lives and works in the United States within 4 80 miles from the southern border or the northern 5 border. 6 (d) NONAPPLICABILITY OF FEDERAL ADVISORY 7 COMMITTEE ACT.—The Federal Advisory Committee Act 8 (5 U.S.C. App.) shall not apply to the National Border 9 Security Advisory Committee. 10 11 SEC. 115. LIMITATION ON LAND OWNER’S LIABILITY. Section 287 of the Immigration and Nationality Act 12 (8 U.S.C. 1357) is amended by adding at the end the fol13 lowing: 14 15 16 ‘‘(i) INDEMNITY MENT FOR ACTIONS OF LAW ENFORCE- OFFICERS.— ‘‘(1) IN GENERAL.—Notwithstanding any other 17 provision of law, and subject to appropriations, any 18 owner of land located in the United States within 19 100 miles of the southern border of the United 20 States may seek reimbursement from the Depart- 21 ment of Homeland Security and the Secretary of 22 Homeland Security shall pay for any adverse final 23 tort judgment for negligence (excluding attorneys’ 24 fees and costs) authorized under Federal or State 25 tort law, arising directly from any border patrol ac- MDM17980 S.L.C. 56 1 tion, such as apprehensions, tracking, and detention 2 of aliens, that is conducted on privately-owned land 3 if— 4 ‘‘(A) such land owner has been found neg- 5 ligent by a Federal or State court in any tort 6 litigation; 7 ‘‘(B) such land owner has not already been 8 reimbursed for the final tort judgment, includ- 9 ing outstanding attorneys’ fees and costs; 10 ‘‘(C) such land owner did not have or does 11 not have sufficient property insurance to cover 12 the judgment and has had an insurance claim 13 for such coverage denied; and 14 ‘‘(D) such tort action was brought against 15 such land owner as a direct result of activity of 16 law enforcement officers of the Department of 17 Homeland Security, acting in their official ca- 18 pacity, on the owner’s land. 19 ‘‘(2) DEFINITIONS.—In this subsection— 20 ‘‘(A) the term ‘land’ includes roads, water, 21 watercourses, and private ways, and buildings, 22 structures, machinery, and equipment that is 23 attached to real property; and 24 ‘‘(B) the term ‘owner’ includes the pos- 25 sessor of a fee interest, a tenant, a lessee, an MDM17980 S.L.C. 57 1 occupant, the possessor of any other interest in 2 land, and any person having a right to grant 3 permission to use the land. 4 ‘‘(3) EXCEPTIONS.—Nothing in this subsection 5 may be construed to require the Secretary of Home- 6 land Security to reimburse, under subparagraph 7 (i)(1), a land owner for any adverse final tort judg- 8 ment for negligence or to limit land owner liability 9 which would otherwise exist for— 10 ‘‘(A) willful or malicious failure to guard 11 or warn against a known dangerous condition, 12 use, structure, or activity likely to cause harm; 13 ‘‘(B) maintaining an attractive nuisance; 14 ‘‘(C) gross negligence; or 15 ‘‘(D) direct interference with, or hindrance 16 of, any agent or officer of the Federal Govern- 17 ment who is authorized to enforce the immigra- 18 tion laws of the United States during— 19 20 ‘‘(i) a patrol of such landowner’s land; or 21 ‘‘(ii) any action taken to apprehend or 22 detain any alien attempting to enter the 23 United States illegally or to evade execu- 24 tion of an arrest warrant for a violation of 25 any immigration law. MDM17980 S.L.C. 58 1 ‘‘(4) SAVINGS PROVISION.—Nothing in this sub- 2 section may be construed to affect any right or rem- 3 edy available pursuant to chapter 171 of title 28, 4 United States Code (commonly known as the ‘Fed- 5 eral Tort Claims Act’).’’. 6 SEC. 116. ERADICATION OF CARRIZO CANE AND SALT 7 8 CEDAR. Not later than January 20, 2021, the Secretary of 9 Homeland Security, after coordinating with the heads of 10 the relevant Federal, State, and local agencies, shall begin 11 eradicating the carrizo cane plant and any salt cedar along 12 the Rio Grande River. 13 SEC. 117. PREVENTION, DETECTION, CONTROL, AND ERADI- 14 15 16 17 CATION OF DISEASES AND PESTS. (a) DEFINITIONS.— (1) ANIMAL.—The term ‘‘animal’’ means any member of the animal kingdom (except a human). 18 (2) ARTICLE.—The term ‘‘article’’ means any 19 pest or disease or any material or tangible object 20 that could harbor a pest or disease. 21 (3) DISEASE.—The term ‘‘disease’’ has the 22 meaning given the term by the Secretary of Agri- 23 culture. 24 25 (4) LIVESTOCK.—The term ‘‘livestock’’ means all farm-raised animals. MDM17980 S.L.C. 59 1 (5) MEANS OF CONVEYANCE.—The term 2 ‘‘means of conveyance’’ means any personal property 3 used for or intended for use for, the movement of 4 any other personal property. 5 (6) PEST.—The term ‘‘pest’’ means any of the 6 following that can directly or indirectly injure, cause 7 damage to, or cause disease in human livestock, a 8 plant, or a plant part: 9 (A) A protozoan. 10 (B) A plant or plant part. 11 (C) A nonhuman animal. 12 (D) A bacterium. 13 (E) A fungus. 14 (F) A virus or viroid. 15 (G) An infectious agent or other pathogen. 16 (H) An arthropod. 17 (I) A parasite or parasitic plant. 18 (J) A prion. 19 (K) A vector. 20 (L) Any organism similar to or allied with 21 any of the organisms described in this para- 22 graph. 23 (7) PLANT.—The term ‘‘plant’’ means any 24 plant (including any plant part) for or capable of 25 propagation, including a tree, a tissue culture, a MDM17980 S.L.C. 60 1 plantlet culture, pollen, a shrub, a vine, a cutting, a 2 graft, a scion, a bud, a bulb, a root, and a seed. 3 (8) STATE.—The term ‘‘State’’ means any of 4 the several States, the District of Columbia, the 5 Commonwealth of Puerto Rico, Guam, the Common- 6 wealth of the Northern Mariana Islands, the Virgin 7 Islands of the United States, and any territory or 8 possession of the United States. 9 (b) DETECTION, CONTROL, 10 11 THE AND ERADICATION OF SPREAD OF DISEASES AND PESTS.— (1) IN GENERAL.—The Secretary of Agriculture 12 may carry out operations and measures to prevent, 13 detect, control, or eradicate the spread of any pest 14 or disease of livestock or plant that threatens any 15 segment of agriculture. 16 17 18 (2) COMPENSATION.— (A) IN GENERAL.—The Secretary of Agri- culture may pay a claim arising out of— 19 (i) the destruction of any animal, 20 plant, plant part, article, or means of con- 21 veyance consistent with the purposes of 22 this section; and 23 (ii) implementing measures to pre- 24 vent, detect, control, or eradicate the 25 spread of any pest disease of livestock or MDM17980 S.L.C. 61 1 plant that threatens any segment of agri- 2 culture. 3 (B) SPECIFIC COOPERATIVE PROGRAMS.— 4 The Secretary of Agriculture shall compensate 5 industry participants and State agencies that 6 cooperate with the Secretary of Agriculture in 7 carrying out operations and measures under 8 this subsection for up to 100 percent of eligible 9 costs relating to— 10 (i) cooperative programs involving 11 Federal, State, or industry participants to 12 control diseases of low or high pathoge- 13 nicity and pests in accordance with regula- 14 tions issued by the Secretary of Agri- 15 culture; and 16 (ii) the construction and operation of 17 research laboratories, quarantine stations, 18 and other buildings and facilities for spe- 19 cial purposes. 20 (C) REVIEWABILITY.—The action of any 21 officer, employee, or agent of the Secretary of 22 Agriculture in carrying out paragraph (1) shall 23 not be subject to review by any officer or em- 24 ployee of the Federal Government other than MDM17980 S.L.C. 62 1 the Secretary of Agriculture or a designee of 2 the Secretary. 3 4 (c) COOPERATION.— (1) IN GENERAL.—To carry out this section, 5 the Secretary of Agriculture may cooperate with 6 other Federal agencies, States, State agencies, polit- 7 ical subdivisions of States, national and local govern- 8 ments of foreign countries, domestic and inter- 9 national organizations and associations, domestic 10 nonprofit corporations, Indian tribes, and other per- 11 sons. 12 (2) RESPONSIBILITY.—The person or other en- 13 tity cooperating with the Secretary of Agriculture 14 shall be responsible for the authority necessary to 15 carry out operations or measures— 16 (A) on all land and property within a for- 17 eign country or State, or under the jurisdiction 18 of an Indian tribe, other than on land and 19 property owned or controlled by the United 20 States; and 21 22 23 (B) using other facilities and means, as determined by the Secretary of Agriculture. (d) FUNDING.—For fiscal year 2018, and for each 24 succeeding fiscal year, the Secretary of Agriculture shall 25 use such funds from the Commodity Credit Cooperation MDM17980 S.L.C. 63 1 as may be necessary to carry out operations and measures 2 to prevent, detect, control, or eradicate the spread of any 3 pest or disease of livestock or plant that threatens any 4 segment of agriculture. 5 (e) REIMBURSEMENT.—The Secretary of Agriculture 6 shall reimburse any Federal agency, State, State agency, 7 political subdivision of a State, national or local govern8 ment of a foreign country, domestic or international orga9 nization or association, domestic nonprofit corporation, 10 Indian tribe, or other person for specified costs, as pre11 scribed by the Secretary of Agriculture, in the discretion 12 of the Secretary, that result from cooperation with the 13 Secretary of Agriculture in carrying out operations and 14 measures under this section. 15 SEC. 118. EXEMPTION FROM GOVERNMENT CONTRACTING 16 17 18 19 20 AND HIRING RULES. (a) APPLICABILITY TRACTING OF CERTAIN GOVERNMENT CON- RULES.— (1) IN GENERAL.—Notwithstanding any other provision of law, in implementing this title— 21 (A) the requirement under section 3301 of 22 title 41, United States Code, to obtain a full 23 and open competition through the use of com- 24 petitive procedures shall not apply; and MDM17980 S.L.C. 64 1 (B) any executive agency entering into the 2 contract may use noncompetitive procedures in 3 accordance with section 3304 of such title. 4 (2) LIMITATIONS ON PROTESTS.—The deter- 5 mination of an executive agency under section 3304 6 of title 41, United States Code, to use noncompeti- 7 tive procedures shall not be subject to challenge by 8 protest to— 9 (A) the Comptroller General of the United 10 States under subchapter V of chapter 35 of title 11 31, United States Code; or 12 (B) the Court of Federal Claims under 13 section 1491 of title 28, United States Code. 14 15 16 (b) APPLICABILITY ING OF CERTAIN GOVERNMENT HIR- RULES.— (1) IN GENERAL.—Notwithstanding any other 17 provision of law, in implementing this title, the Sec- 18 retary of Homeland Security and the Attorney Gen- 19 eral may appoint employees on a term, temporary 20 limited, or part-time basis without regard to— 21 (A) the number of such employees; 22 (B) the ratio between the number of such 23 employees and the number of permanent full- 24 time employees; and MDM17980 S.L.C. 65 1 (C) the duration of such employees’ em- 2 ployment. 3 (2) RULE OF CONSTRUCTION.—Nothing in 4 chapter 71 of title 5, United States Code, shall af- 5 fect the authority of the Department of Homeland 6 Security or the Department of Justice to hire em- 7 ployees under this title on a temporary limited or 8 part-time basis. 9 (c) REPORTS.—The head of an executive agency en- 10 tering into a contract or hiring employees pursuant to au11 thority provided under subsection (a) or (b) shall— 12 (1) immediately submit to the appropriate con- 13 gressional committees written notification of the use 14 of such authority; and 15 (2) submit to those committees a quarterly re- 16 port estimating amounts to be expended pursuant to 17 such authority. 18 (d) EXECUTIVE AGENCY DEFINED.—In this section, 19 the term ‘‘executive agency’’ has the meaning given the 20 term in section 133 of title 41, United States Code. 21 SEC. 119. TRANSNATIONAL CRIMINAL ORGANIZATION IL- 22 LICIT SPOTTER PREVENTION AND DETEC- 23 TION. 24 25 (a) UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS CONTROLS.— MDM17980 S.L.C. 66 1 (1) ENHANCED PENALTIES.—Chapter 9 of title 2 II of the Immigration and Nationality Act (8 U.S.C. 3 1351 et seq.) is amended by adding at the end the 4 following: 5 ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR- 6 DER, AND CUSTOMS CONTROLS. 7 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 8 transmits, by any means, to another person the location, 9 movement, or activities of any Federal, State, local, or 10 tribal law enforcement agency with the intent to further 11 a Federal crime relating to United States immigration, 12 customs, controlled substances, agriculture, monetary in13 struments, or other border controls shall be fined under 14 title 18, imprisoned not more than 10 years, or both. 15 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER 16 CONTROLS.—Any person who knowingly and without law17 ful authorization destroys, alters, or damages any fence, 18 barrier, sensor, camera, or other physical or electronic de19 vice deployed by the Federal Government to control the 20 border or a port of entry or otherwise seeks to construct, 21 excavate, or make any structure intended to defeat, cir22 cumvent, or evade any such fence, barrier, sensor camera, 23 or other physical or electronic device deployed by the Fed24 eral Government to control the border or a port of entry— MDM17980 S.L.C. 67 1 ‘‘(1) shall be fined under title 18, imprisoned 2 not more than 10 years, or both; and 3 ‘‘(2) if, at the time of the offense, the person 4 uses or carries a firearm or who, in furtherance of 5 any such crime, possesses a firearm, shall be fined 6 under title 18, imprisoned not more than 20 years, 7 or both. 8 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 9 attempts or conspires to violate subsection (a) or (b) shall 10 be punished in the same manner as a person who com11 pletes a violation of such subsection.’’. 12 (2) CLERICAL AMENDMENT.—The table of con- 13 tents in the first section of the Immigration and Na- 14 tionality Act is amended by inserting after the item 15 relating to section 294 the following: ‘‘Sec. 295. Unlawfully hindering immigration, border, and customs controls.’’. 16 17 (b) CARRYING IN RELATION OR TO AN USING A FIREARM DURING AND ALIEN SMUGGLING CRIME.—Section 18 924(c) of title 18, United States Code, is amended— 19 (1) in paragraph (1)— 20 (A) in subparagraph (A), by inserting ‘‘, 21 alien smuggling crime,’’ after ‘‘crime of vio- 22 lence’’ each place that term appears; and 23 (B) in subparagraph (D)(ii), by inserting 24 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio- 25 lence’’; MDM17980 S.L.C. 68 1 (2) by striking paragraphs (2) through (4); 2 (3) by redesignating paragraph (5) as para- 3 4 5 graph (2); and (4) by adding at the end the following: ‘‘(3) For purposes of this subsection— 6 ‘‘(A) the term ‘alien smuggling crime’ means 7 any felony punishable under section 274(a), 277, or 8 278 of the Immigration and Nationality Act (8 9 U.S.C. 1324(a), 1327, and 1328); 10 ‘‘(B) the term ‘brandish’ means, with respect to 11 a firearm, to display all or part of the firearm, or 12 otherwise make the presence of the firearm known 13 to another person, in order to intimidate that per- 14 son, regardless of whether the firearm is directly 15 visible to that person; 16 17 ‘‘(C) the term ‘crime of violence’ means a felony offense that— 18 ‘‘(i) has as an element the use, attempted 19 use, or threatened use of physical force against 20 the person or property of another; or 21 ‘‘(ii) by its nature, involves a substantial 22 risk that physical force against the person or 23 property of another may be used in the course 24 of committing the offense; and MDM17980 S.L.C. 69 1 ‘‘(D) the term ‘drug trafficking crime’ means 2 any felony punishable under the Controlled Sub- 3 stances Act (21 U.S.C. 801 et seq.), the Controlled 4 Substances Import and Export Act (21 U.S.C. 951 5 et seq.), or chapter 705 of title 46.’’. 6 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 7 18, United States Code, is amended by inserting ‘‘, or 8 295’’ after ‘‘274(a)’’. 9 10 SEC. 120. SOUTHERN BORDER THREAT ANALYSIS. (a) THREAT ANALYSIS.— 11 (1) REQUIREMENT.—Not later than 180 days 12 after the date of the enactment of this Act, the Sec- 13 retary of Homeland Security shall submit to the 14 Committee on Homeland Security and Governmental 15 Affairs of the Senate and the Committee on Home- 16 land Security of the House of Representatives a 17 southern border threat analysis. 18 19 (2) CONTENTS.—The analysis submitted under paragraph (1) shall include an assessment of— 20 (A) current and potential terrorism and 21 criminal threats posed by individuals and orga- 22 nized groups seeking— 23 24 (i) to unlawfully enter the United States through the southern border; or MDM17980 S.L.C. 70 1 (ii) to exploit security vulnerabilities 2 along the southern border; 3 (B) improvements needed at and between 4 ports of entry along the southern border to pre- 5 vent terrorists and instruments of terror from 6 entering the United States; 7 (C) gaps in law, policy, and coordination 8 between State, local, or tribal law enforcement, 9 international agreements, or tribal agreements 10 that hinder effective and efficient border secu- 11 rity, counterterrorism, and anti-human smug- 12 gling and trafficking efforts; 13 (D) the current percentage of situational 14 awareness achieved by the Department of 15 Homeland Security along the southern border; 16 (E) the current percentage of operational 17 control (as defined in section 2 of the Secure 18 Fence Act of 2006 (8 U.S.C. 1701 note)) 19 achieved by the Department of Homeland Secu- 20 rity on the southern border; and 21 (F) traveler crossing times and any poten- 22 tial security vulnerability associated with pro- 23 longed wait times. 24 (3) ANALYSIS 25 REQUIREMENTS.—In compiling the southern border threat analysis under this sub- MDM17980 S.L.C. 71 1 section, the Secretary of Homeland Security shall 2 consider and examine— 3 (A) the technology needs and challenges, 4 including such needs and challenges identified 5 as a result of previous investments that have 6 not fully realized the security and operational 7 benefits that were sought; 8 (B) the personnel needs and challenges, in- 9 cluding such needs and challenges associated 10 11 12 with recruitment and hiring; (C) the infrastructure needs and challenges; 13 (D) the roles and authorities of State, 14 local, and tribal law enforcement in general bor- 15 der security activities; 16 (E) the status of coordination among Fed- 17 eral, State, local, tribal, and Mexican law en- 18 forcement entities relating to border security; 19 20 (F) the terrain, population density, and climate along the southern border; and 21 (G) the international agreements between 22 the United States and Mexico related to border 23 security. 24 (4) CLASSIFIED 25 FORM.—To the extent possible, the Secretary of Homeland Security shall submit the MDM17980 S.L.C. 72 1 southern border threat analysis required under this 2 subsection in unclassified form, but may submit a 3 portion of the threat analysis in classified form if 4 the Secretary determines such action is appropriate. 5 (b) BORDER PATROL STRATEGIC PLAN.— 6 (1) IN GENERAL.—Not later than the later of 7 180 days after the submission of the threat analysis 8 required under subsection (a) or June 30, 2018, and 9 every five years thereafter, the Secretary of Home- 10 land Security, acting through the Chief of the U.S. 11 Border Patrol, and in consultation with the Officer 12 for Civil Rights and Civil Liberties of the Depart- 13 ment of Homeland Security, shall issue a Border 14 Patrol Strategic Plan. 15 (2) CONTENTS.—The Border Patrol Strategic 16 Plan required under this subsection shall include a 17 consideration of— 18 (A) the southern border threat analysis re- 19 quired under subsection (a), with an emphasis 20 on efforts to mitigate threats identified in such 21 threat analysis; 22 (B) efforts to analyze and disseminate bor- 23 der security and border threat information be- 24 tween border security components of the De- 25 partment of Homeland Security and other ap- MDM17980 S.L.C. 73 1 propriate Federal departments and agencies 2 with missions associated with the southern bor- 3 der; 4 5 (C) efforts to increase situational awareness, including— 6 (i) surveillance capabilities, including 7 capabilities developed or utilized by the 8 Department of Defense, and any appro- 9 priate technology determined to be excess 10 by the Department of Defense; and 11 (ii) the use of manned aircraft and 12 unmanned aerial systems, including cam- 13 era and sensor technology deployed on 14 such assets; 15 (D) efforts to detect and prevent terrorists 16 and instruments of terrorism from entering the 17 United States; 18 (E) efforts to detect, interdict, and disrupt 19 aliens and illicit drugs at the earliest possible 20 point; 21 (F) efforts to focus intelligence collection 22 to disrupt transnational criminal organizations 23 outside of the international and maritime bor- 24 ders of the United States; MDM17980 S.L.C. 74 1 (G) efforts to ensure that any new border 2 security technology can be operationally inte- 3 grated with existing technologies in use by the 4 Department of Homeland Security; 5 (H) any technology required to maintain, 6 support, and enhance security and facilitate 7 trade at ports of entry, including nonintrusive 8 detection equipment, radiation detection equip- 9 ment, biometric technology, surveillance sys- 10 tems, and other sensors and technology that the 11 Secretary of Homeland Security determines to 12 be necessary; 13 (I) operational coordination unity of effort 14 initiatives of the border security components of 15 the Department of Homeland Security, includ- 16 ing any relevant task forces of the Department 17 of Homeland Security; 18 19 (J) lessons learned from Operation Jumpstart and Operation Phalanx; 20 (K) cooperative agreements and informa- 21 tion sharing with State, local, tribal, territorial, 22 and other Federal law enforcement agencies 23 that have jurisdiction on the northern border or 24 the southern border; MDM17980 S.L.C. 75 1 (L) border security information received 2 from consultation with State, local, tribal, terri- 3 torial, and Federal law enforcement agencies 4 that have jurisdiction on the northern border or 5 the southern border, or in the maritime envi- 6 ronment, and from border community stake- 7 holders (including through public meetings with 8 such stakeholders), including representatives 9 from border agricultural and ranching organiza- 10 tions and representatives from business and 11 civic organizations along the northern border or 12 the southern border; 13 14 (M) staffing requirements for all departmental border security functions; 15 (N) a prioritized list of departmental re- 16 search and development objectives to enhance 17 the security of the southern border; 18 19 20 21 (O) an assessment of training programs, including training programs for— (i) identifying and detecting fraudulent documents; 22 (ii) understanding the scope of en- 23 forcement authorities and the use of force 24 policies; and MDM17980 S.L.C. 76 1 (iii) screening, identifying, and ad- 2 dressing vulnerable populations, such as 3 children and victims of human trafficking; 4 and 5 (P) an assessment of how border security 6 operations affect border crossing times. 7 Subtitle B—Personnel 8 PART I—INCREASES IN IMMIGRATION AND LAW 9 ENFORCEMENT PERSONNEL 10 11 12 SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND OFFICERS. (a) BORDER PATROL AGENTS.—Not later than Sep- 13 tember 30, 2021, the Commissioner of U.S. Customs and 14 Border Protection shall hire, train, and assign sufficient 15 agents to maintain an active duty presence of not fewer 16 than 26,370 full-time equivalent agents. 17 (b) CBP OFFICERS.—In addition to positions author- 18 ized before the date of the enactment of this Act and any 19 existing officer vacancies within U.S. Customs and Border 20 Protection as of such date, the Commissioner, subject to 21 the availability of appropriations, shall hire, train, and as22 sign to duty, not later than September 30, 2021— 23 (1) sufficient U.S. Customs and Border Protec- 24 tion officers to maintain an active duty presence of MDM17980 S.L.C. 77 1 not fewer than 27,725 full-time equivalent officers; 2 and 3 (2) 350 full-time support staff distributed 4 among all United States ports of entry. 5 (c) AIR AND MARINE OPERATIONS.—Not later than 6 September 30, 2021, the Commissioner of U.S. Customs 7 and Border Protection shall hire, train, and assign suffi8 cient agents for Air and Marine Operations of U.S. Cus9 toms and Border Protection to maintain not fewer than 10 1,675 full-time equivalent agents. 11 (d) U.S. CUSTOMS AND BORDER PROTECTION K–9 12 UNITS AND HANDLERS.— 13 (1) K–9 UNITS.—Not later than September 30, 14 2021, the Commissioner shall deploy not less than 15 300 new K–9 units, with supporting officers of U.S. 16 Customs and Border Protection and other required 17 staff, at land ports of entry and checkpoints on the 18 southern border and the northern border. 19 (2) USE OF CANINES.—The Commissioner shall 20 prioritize the use of canines at the primary inspec- 21 tion lanes at land ports of entry and checkpoints. 22 (e) U.S. CUSTOMS AND BORDER PROTECTION 23 HORSEBACK UNITS.— 24 (1) INCREASE.—Not later than September 30, 25 2021, the Commissioner shall increase the number MDM17980 S.L.C. 78 1 of horseback units, with supporting officers of U.S. 2 Customs and Border Protection and other required 3 staff, by not less than 100 officers and 50 horses for 4 security patrol along the southern border. 5 (2) FUNDING LIMITATION.—Of the amounts 6 authorized to be appropriated for U.S. Customs and 7 Border Protection in this Act, not more than one 8 percent may be used for the purchase of additional 9 horses, the construction of new stables, maintenance 10 and improvements of existing stables, and for feed, 11 medicine, and other resources needed to maintain 12 the health and well-being of the horses that serve in 13 the horseback units. 14 (f) U.S. CUSTOMS 15 SEARCH TRAUMA AND AND BORDER PROTECTION RESCUE TEAMS.—Not later than 16 September 30, 2021, the Commissioner shall increase by 17 not fewer than 50 the number of officers engaged in 18 search and rescue activities along the southern border. 19 20 (g) U.S. CUSTOMS NEL DETECTION AND AND BORDER PROTECTION TUN- TECHNOLOGY PROGRAM.—Not 21 later than September 30, 2021, the Commissioner shall 22 increase by not less than 50 the number of officers assist23 ing task forces and activities related to deployment and 24 operation of border tunnel detection technology and appre25 hensions of individuals using such tunnels for crossing MDM17980 S.L.C. 79 1 into the United States, drug trafficking, or human smug2 gling. 3 (h) AGRICULTURAL SPECIALISTS.—Not later than 4 September 30, 2021, and in addition to the officers and 5 agents authorized under paragraphs (a) through (g), the 6 Secretary of Homeland Security shall hire, train, and as7 sign to duty, 631 U.S. Customs and Border Protection 8 agricultural specialists to ports of entry along the southern 9 border and the northern border. 10 (i) GAO REPORT.—If the staffing levels required 11 under this section are not achieved by September 30, 12 2021, the Comptroller General of the United States shall 13 conduct a review of the reasons why such levels were not 14 achieved. 15 SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION HIRING 16 17 AND RETENTION INCENTIVES. (a) DEFINITIONS.—In this section: 18 (1) COVERED AREA.—The term ‘‘covered area’’ 19 means a geographic area that the Secretary of 20 Homeland Security determines is in a remote loca- 21 tion or is an area for which it is difficult to find full- 22 time permanent covered CBP employees, as com- 23 pared to other ports of entry or Border Patrol sec- 24 tors. MDM17980 S.L.C. 80 1 (2) COVERED CBP EMPLOYEE.—The term ‘‘cov- 2 ered CBP employee’’ means an employee of U.S. 3 Customs and Border Protection performing activities 4 that are critical to border security or customs en- 5 forcement, as determined by the Commissioner. 6 7 (3) RATE OF BASIC PAY.—The term ‘‘rate of basic pay’’— 8 (A) means the rate of pay fixed by law or 9 administrative action for the position to which 10 an employee is appointed before deductions and 11 including any special rate under subpart C of 12 part 530 of title 5, Code of Federal Regula- 13 tions, or a similar payment under other legal 14 authority, and any locality-based comparability 15 payment under subpart F of part 531 of such 16 title, or a similar payment under other legal au- 17 thority, but excluding additional pay of any 18 other kind; and 19 (B) does not include additional pay, such 20 as 21 5343(f) of title 5, United States Code, or envi- 22 ronmental 23 5343(c)(4) of such title. 24 (4) SPECIAL 25 night shift differentials differentials under under RATE OF PAY.—The section section term ‘‘special rate of pay’’ means a higher than normal rate of pay MDM17980 S.L.C. 81 1 that exceeds the otherwise applicable rate of basic 2 pay for a similar covered CBP employee at a land 3 port of entry. 4 (b) HIRING INCENTIVES.— 5 (1) IN GENERAL.—In addition to the retention 6 incentives that are authorized under subsection (c), 7 and to the extent necessary for U.S. Customs and 8 Border Protection to hire, train, and deploy qualified 9 officers and employees and to meet the requirements 10 under section 131, the Commissioner, with the ap- 11 proval of the Secretary of Homeland Security, may 12 pay a hiring bonus of $10,000 to a covered CBP 13 employee, after the covered CBP completes initial 14 basic training and executes a written agreement re- 15 quired under subparagraph (2). 16 (2) WRITTEN AGREEMENT.—The payment of a 17 hiring bonus to a covered CBP employee under 18 paragraph (1) is contingent upon the covered CBP 19 employee entering into a written agreement with 20 U.S. Customs and Border Protection to complete 21 more than two years of employment with U.S. Cus- 22 toms and Border Protection beginning on the date 23 on which the agreement is signed. Such agreement 24 shall include— 25 (A) the amount of the hiring bonus; MDM17980 S.L.C. 82 1 (B) the conditions under which the agree- 2 ment may be terminated before the required pe- 3 riod of service is completed and the effect of 4 such termination; 5 6 (C) the length of the required service period; and 7 (D) any other terms and conditions under 8 which the hiring bonus is payable, subject to 9 the requirements under this section. 10 (3) FORM OF PAYMENT.—A signing bonus paid 11 to a covered CBP employee under paragraph (1) 12 shall be paid in a single payment after the covered 13 CBP employee completes initial basic training and 14 enters on duty and executes the agreement under 15 paragraph (2). 16 (4) EXCLUSION OF SIGNING BONUS FROM RATE 17 OF PAY.—A 18 employee under paragraph (1) shall not be consid- 19 ered part of the rate of basic pay of the covered 20 CBP employee for any purpose. 21 signing bonus paid to a covered CBP (5) EFFECTIVE DATE AND SUNSET.—This sub- 22 section shall take effect on the date of the enactment 23 of this Act and shall remain in effect until the ear- 24 lier of— 25 (A) September 30, 2019; or MDM17980 S.L.C. 83 1 (B) the date on which U.S. Customs and 2 Border Protection has 26,370 full-time equiva- 3 lent agents. 4 5 (c) RETENTION INCENTIVES.— (1) IN GENERAL.—To the extent necessary for 6 U.S. Customs and Border Protection to retain quali- 7 fied employees, and to the extent necessary to meet 8 the requirements set forth in section 131, the Com- 9 missioner, with the approval of the Secretary of 10 Homeland Security, may pay a retention incentive to 11 a covered CBP employee who has been employed 12 with U.S. Customs and Border Protection for a pe- 13 riod of longer than two consecutive years, and the 14 Commissioner determines that, in the absence of the 15 retention incentive, the covered CBP employee would 16 likely— 17 (A) leave the Federal service; or 18 (B) transfer to, or be hired into, a dif- 19 ferent position within the Department of Home- 20 land Security (other than another position in 21 CBP). 22 (2) WRITTEN AGREEMENT.—The payment of a 23 retention incentive to a covered CBP employee under 24 paragraph (1) is contingent upon the covered CBP 25 employee entering into a written agreement with MDM17980 S.L.C. 84 1 U.S. Customs and Border Protection to complete 2 more than two years of employment with U.S. Cus- 3 toms and Border Protection beginning on the date 4 on which the CBP employee enters on duty and the 5 agreement is signed. Such agreement shall include— 6 (A) the amount of the retention incentive; 7 (B) the conditions under which the agree- 8 ment may be terminated before the required pe- 9 riod of service is completed and the effect of 10 11 12 such termination; (C) the length of the required service period; and 13 (D) any other terms and conditions under 14 which the retention incentive is payable, subject 15 to the requirements under this section. 16 (3) CRITERIA.—When determining the amount 17 of a retention incentive paid to a covered CBP em- 18 ployee under paragraph (1), the Commissioner shall 19 consider— 20 21 22 23 (A) the length of the Federal service and experience of the covered CBP employee; (B) the salaries for law enforcement officers in other Federal agencies; and MDM17980 S.L.C. 85 1 (C) the costs of replacing the covered CBP 2 employee, including the costs of training a new 3 employee. 4 (4) AMOUNT OF RETENTION INCENTIVE.—A re- 5 tention incentive paid to a covered CBP employee 6 under paragraph (1)— 7 8 (A) shall be approved by the Secretary of Homeland Security and the Commissioner; 9 (B) shall be stated as a percentage of the 10 employee’s rate of basic pay for the service pe- 11 riod associated with the incentive; and 12 (C) may not exceed $25,000 for each year 13 of the written agreement. 14 (5) FORM OF PAYMENT.—A retention incentive 15 paid to a covered CBP employee under paragraph 16 (1) shall be paid as a single payment at the end of 17 the fiscal year in which the covered CBP employee 18 entered into an agreement under paragraph (2), or 19 in equal installments during the life of the service 20 agreement, as determined by the Commissioner. 21 (6) EXCLUSION OF RETENTION INCENTIVE 22 FROM RATE OF PAY.—A 23 a covered CBP employee under paragraph (1) shall 24 not be considered part of the rate of basic pay of the 25 covered CBP employee for any purpose. retention incentive paid to MDM17980 S.L.C. 86 1 (d) PILOT PROGRAM ON SPECIAL RATES OF PAY IN 2 COVERED AREAS.— 3 (1) IN GENERAL.—The Commissioner may es- 4 tablish a pilot program to assess the feasibility and 5 advisability of using special rates of pay for covered 6 CBP employees in covered areas, as designated on 7 the date of the enactment of this Act, to help meet 8 the requirements set forth in section 131. 9 (2) MAXIMUM AMOUNT.—The rate of basic pay 10 of a covered CBP employee paid a special rate of 11 pay under the pilot program may not exceed 125 12 percent of the otherwise applicable rate of basic pay 13 of the covered CBP employee. 14 (3) TERMINATION.— 15 (A) IN GENERAL.—Except as provided in 16 subparagraph (B), the pilot program shall ter- 17 minate on the date that is two years after the 18 date of the enactment of this Act. 19 (B) EXTENSION.—If the Secretary of 20 Homeland Security determines that the pilot 21 program is performing satisfactorily and there 22 are metrics that prove its success in meeting 23 the requirements set forth in section 131, the 24 Secretary may extend the pilot program until MDM17980 S.L.C. 87 1 the date that is four years after the date of the 2 enactment of this Act. 3 (4) REPORT TO CONGRESS.—Shortly after the 4 pilot program terminates under paragraph (3), the 5 Commissioner shall submit a report to the Com- 6 mittee on Homeland Security and Governmental Af- 7 fairs of the Senate, the Committee on the Judiciary 8 of the Senate, the Committee on Homeland Security 9 of the House of Representatives, and the Committee 10 on the Judiciary of the House of Representatives 11 that details— 12 13 (A) the total amount paid to covered CBP employees under the pilot program; and 14 15 (B) the covered areas in which the pilot program was implemented. 16 (e) SALARIES.— 17 (1) IN GENERAL.—Section 101(b) of the En- 18 hanced Border Security and Visa Entry Reform Act 19 of 2002 (8 U.S.C. 1711(b)) is amended to read as 20 follows: 21 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR CBP 22 EMPLOYEES.—There are authorized to be appropriated to 23 U.S. Customs and Border Protection such sums as may 24 be necessary to increase, effective January 1, 2018, the 25 annual rate of basic pay for U.S. Customs and Border MDM17980 S.L.C. 88 1 Protection employees who have completed at least one year 2 of service— 3 ‘‘(1) to the annual rate of basic pay payable for 4 positions at GS–12, step 1 of the General Schedule 5 under subchapter III of chapter 53 of title 5, United 6 States Code, for officers and agents who are receiv- 7 ing the annual rate of basic pay payable for a posi- 8 tion at GS–5, GS–6, GS–7, GS–8, or GS–9 of the 9 General Schedule; 10 ‘‘(2) to the annual rate of basic pay payable for 11 positions at GS–12, step 10 of the General Schedule 12 under such subchapter for supervisory CBP officers 13 and supervisory Border Patrol agents who are re- 14 ceiving the annual rate of pay payable for a position 15 at GS–10 of the General Schedule; and 16 ‘‘(3) to the annual rate of basic pay payable for 17 positions at GS–13, step 1 of the General Schedule 18 under such subchapter for supervisory CBP officers 19 and supervisory Border Patrol agents who are re- 20 ceiving the annual rate of pay payable for a position 21 at GS–11 of the General Schedule; 22 ‘‘(4) to the annual rate of basic pay payable for 23 positions at GS–14, step 1 of the General Schedule 24 under such subchapter for supervisory CBP officers 25 and supervisory Border Patrol agents who are re- MDM17980 S.L.C. 89 1 ceiving the annual rate of pay payable for a position 2 at GS–12 or GS–13 of the General Schedule; and 3 ‘‘(5) to the annual rate of basic pay payable for 4 positions at GS–8, GS–9, or GS–10 of the General 5 Schedule for assistants who are receiving an annual 6 rate of pay payable for positions at GS–5, GS–6, or 7 GS–7 of the General Schedule, respectively.’’. 8 (2) HARDSHIP DUTY PAY.—In addition to com- 9 pensation to which Border Patrol agents are other- 10 wise entitled, Border Patrol agents who are assigned 11 to rural areas shall be entitled to receive hardship 12 duty pay, in lieu of a retention incentive bonus 13 under subsection (b), in an amount determined by 14 the Commissioner, which may not exceed the rate of 15 special pay to which members of a uniformed service 16 are entitled under section 310 of title 37, United 17 States Code. 18 (3) OVERTIME LIMITATION.—Section 5(c)(1) of 19 the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 20 is amended by striking ‘‘$25,000’’ and inserting 21 ‘‘$45,000’’. 22 23 24 SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT. (a) SHORT TITLE.—This Act may be cited as the 25 ‘‘Anti-Border Corruption Reauthorization Act of 2017’’. MDM17980 S.L.C. 90 1 (b) HIRING FLEXIBILITY.—Section 3 of the Anti- 2 Border Corruption Act of 2010 (6 U.S.C. 221) is amended 3 by striking subsection (b) and inserting the following: 4 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 5 U.S. Customs and Border Protection may waive the appli6 cation of subsection (a)(1)— 7 ‘‘(1) to a current, full-time law enforcement of- 8 ficer employed by a State or local law enforcement 9 agency who— 10 ‘‘(A) has continuously served as a law en- 11 forcement officer for not fewer than three 12 years; 13 ‘‘(B) is authorized by law to engage in or 14 supervise the prevention, detection, investiga- 15 tion, or prosecution of, or the incarceration of 16 any person for, any violation of law, and has 17 statutory powers for arrest or apprehension; 18 ‘‘(C) is not currently under investigation, 19 has not been found to have engaged in criminal 20 activity or serious misconduct, has not resigned 21 from a law enforcement officer position under 22 investigation or in lieu of termination, and has 23 not been dismissed from a law enforcement offi- 24 cer position; and MDM17980 S.L.C. 91 1 ‘‘(D) has, within the past ten years, suc- 2 cessfully completed a polygraph examination as 3 a condition of employment with such officer’s 4 current law enforcement agency; 5 ‘‘(2) to a current, full-time Federal law enforce- 6 ment officer who— 7 ‘‘(A) has continuously served as a law en- 8 forcement officer for not fewer than three 9 years; 10 ‘‘(B) is authorized to make arrests, con- 11 duct investigations, conduct searches, make sei- 12 zures, carry firearms, and serve orders, war- 13 rants, and other processes; 14 ‘‘(C) is not currently under investigation, 15 has not been found to have engaged in criminal 16 activity or serious misconduct, has not resigned 17 from a law enforcement officer position under 18 investigation or in lieu of termination, and has 19 not been dismissed from a law enforcement offi- 20 cer position; and 21 ‘‘(D) holds a current Tier 4 background 22 investigation or current Tier 5 background in- 23 vestigation; and MDM17980 S.L.C. 92 1 ‘‘(3) to a member of the Armed Forces (or a re- 2 serve component thereof) or a veteran, if such indi- 3 vidual— 4 5 ‘‘(A) has served in the Armed Forces for not fewer than three years; 6 ‘‘(B) holds, or has held within the past five 7 years, a Secret, Top Secret, or Top Secret/Sen- 8 sitive Compartmented Information clearance; 9 ‘‘(C) holds, or has undergone within the 10 past five years, a current Tier 4 background in- 11 vestigation or current Tier 5 background inves- 12 tigation; 13 ‘‘(D) received, or is eligible to receive, an 14 honorable discharge from service in the Armed 15 Forces and has not engaged in criminal activity 16 or committed a serious military or civil offense 17 under the Uniform Code of Military Justice; 18 and 19 ‘‘(E) was not granted any waivers to ob- 20 tain the clearance referred to subparagraph 21 (B). 22 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 23 authority to issue a waiver under subsection (b) shall ter24 minate on the date that is four years after the date of MDM17980 S.L.C. 93 1 the enactment of the Anti-Border Corruption Reauthoriza2 tion Act of 2017.’’. 3 (c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 4 DEFINITIONS.— 5 (1) SUPPLEMENTAL COMMISSIONER AUTHOR- 6 ITY.—Section 7 of 2010 (Public Law 111–376) is amended to read 8 as follows: 9 10 4 of the Anti-Border Corruption Act ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. ‘‘(a) NONEXEMPTION.—An individual who receives a 11 waiver under section 3(b) is not exempt from other hiring 12 requirements relating to suitability for employment and 13 eligibility to hold a national security designated position, 14 as determined by the Commissioner of U.S. Customs and 15 Border Protection. 16 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi- 17 vidual who receives a waiver under section 3(b) who holds 18 a current Tier 4 background investigation shall be subject 19 to a Tier 5 background investigation. 20 21 ‘‘(c) ADMINISTRATION TION.—The OF POLYGRAPH EXAMINA- Commissioner of U.S. Customs and Border 22 Protection is authorized to administer a polygraph exam23 ination to an applicant or employee who is eligible for or 24 receives a waiver under section 3(b) if information is dis25 covered before the completion of a background investiga- MDM17980 S.L.C. 94 1 tion that results in a determination that a polygraph ex2 amination is necessary to make a final determination re3 garding suitability for employment or continued employ4 ment, as the case may be.’’. 5 (2) REPORT.—The Anti-Border Corruption Act 6 of 2010, as amended by paragraph (1), is further 7 amended by adding at the end the following new sec- 8 tion: 9 10 ‘‘SEC. 5. REPORTING. ‘‘(a) ANNUAL REPORT.—Not later than one year 11 after the date of the enactment of the Anti-Border Cor12 ruption Re-authorization Act of 2017, and annually there13 after while the waiver authority under section 3(b) is in 14 effect, the Commissioner of U.S. Customs and Border 15 Protection shall submit to Congress a report that includes, 16 with respect to the reporting period— 17 18 ‘‘(1) the number of waivers requested, granted, and denied under section 3(b); 19 ‘‘(2) the reasons for any denials of such waiver; 20 ‘‘(3) the percentage of applicants who were 21 hired after receiving a waiver; 22 ‘‘(4) the number of instances that a polygraph 23 was administered to an applicant who initially re- 24 ceived a waiver and the results of such polygraph; MDM17980 S.L.C. 95 1 ‘‘(5) an assessment of the current impact of the 2 polygraph waiver program on filling law enforcement 3 positions at U.S. Customs and Border Protection; 4 and 5 ‘‘(6) additional authorities needed by U.S. Cus- 6 toms and Border Protection to better utilize the 7 polygraph waiver program for its intended goals. 8 ‘‘(b) ADDITIONAL INFORMATION.—The first report 9 submitted under subsection (a) shall include— 10 ‘‘(1) an analysis of other methods of employ- 11 ment suitability tests that detect deception and could 12 be used in conjunction with traditional background 13 investigations to evaluate potential employees for 14 suitability; and 15 ‘‘(2) a recommendation regarding whether a 16 test referred to in paragraph (1) should be adopted 17 by U.S. Customs and Border Protection when the 18 polygraph examination requirement is waived pursu- 19 ant to section 3(b).’’. 20 (3) DEFINITIONS.—The Anti-Border Corrup- 21 tion Act of 2010, as amended by paragraphs (1) and 22 (2), is further amended by adding at the end the fol- 23 lowing new section: 24 ‘‘SEC. 6. DEFINITIONS. 25 ‘‘In this Act: MDM17980 S.L.C. 96 1 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 2 The term ‘Federal law enforcement officer’ has the 3 meaning given the term ‘law enforcement officer’ in 4 sections 8331(20) and 8401(17) of title 5, United 5 States Code. 6 ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 7 The term ‘serious military or civil offense’ means an 8 offense for which— 9 ‘‘(A) a member of the Armed Forces may 10 be discharged or separated from service in the 11 Armed Forces; and 12 ‘‘(B) a punitive discharge is, or would be, 13 authorized for the same or a closely related of- 14 fense under the Manual for Court-Martial, as 15 pursuant to Army Regulation 635-200 chapter 16 14-12. 17 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 18 ‘Tier 5’ with respect to background investigations 19 have the meaning given such terms under the 2012 20 Federal Investigative Standards. 21 ‘‘(4) VETERAN.—The term ‘veteran’ has the 22 meaning given such term in section 101(2) of title 23 38, United States Code.’’. 24 (d) POLYGRAPH EXAMINERS.—Not later than Sep- 25 tember 30, 2021, the Secretary of Homeland Security MDM17980 S.L.C. 97 1 shall increase to not fewer than 150 the number of trained 2 full-time equivalent polygraph examiners for administering 3 polygraph examinations under the Anti-Border Corruption 4 Act of 2010, as amended by this section. 5 SEC. 134. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS 6 7 ENFORCEMENT PERSONNEL. (a) ENFORCEMENT AND REMOVAL OFFICERS.—Not 8 later than September 30, 2021, the Director of U.S. Im9 migration and Customs Enforcement shall increase the 10 number of trained, full-time, active duty U.S. Immigration 11 and Customs Enforcement Enforcement and Removal Op12 erations law enforcement officers performing interior im13 migration enforcement functions to not fewer than 8,500. 14 (b) HOMELAND SECURITY INVESTIGATIONS SPECIAL 15 AGENTS.—Not later than September 30, 2021, the Direc16 tor of U.S. Immigration and Customs Enforcement shall 17 increase the number of trained, full-time, active duty 18 Homeland Security Investigations special agents by not 19 fewer than 1,500. 20 (c) BORDER ENFORCEMENT SECURITY TASK 21 FORCE.—Not later than September 30, 2021, the Direc22 tor of U.S. Immigration and Customs Enforcement shall 23 assign not fewer than 100 Homeland Security Investiga24 tions special agents to the Border Enforcement Security MDM17980 S.L.C. 98 1 Task Force Program established under section 432 of the 2 Homeland Security Act of 2002 (6 U.S.C. 240). 3 4 5 6 SEC. 135. OTHER IMMIGRATION AND LAW ENFORCEMENT PERSONNEL. (a) DEPARTMENT OF JUSTICE.— (1) UNITED STATES ATTORNEYS.—Not later 7 than September 30, 2021, in addition to positions 8 authorized before the date of the enactment of this 9 Act and any existing attorney vacancies within the 10 Department of Justice on such date of enactment, 11 the Attorney General shall— 12 (A) increase by not fewer than 100 the 13 number of Assistant United States Attorneys, 14 and 15 (B) increase by not fewer than 50 the 16 number of Special Assistant United States At- 17 torneys in the United States Attorneys’ office to 18 litigate denaturalization and other immigration 19 cases in the Federal courts. 20 (2) IMMIGRATION 21 JUDGES.— (A) ADDITIONAL IMMIGRATION JUDGES.— 22 Not later than September 30, 2021, in addition 23 to positions authorized before the date of the 24 enactment of this Act and any existing vacan- 25 cies within the Department of Justice on such MDM17980 S.L.C. 99 1 date of enactment, and subject to the avail- 2 ability of appropriations, the Attorney General 3 shall increase by 200 the number of trained 4 full-time immigration judges. 5 (B) FACILITIES AND SUPPORT PER- 6 SONNEL.—The 7 to procure space, temporary facilities, and sup- 8 port staff, on an expedited basis, to accommo- 9 date the additional immigration judges author- Attorney General is authorized 10 ized under this subparagraph. 11 (3) BOARD 12 OF IMMIGRATION APPEALS.— (A) BOARD MEMBERS.—Not later than 13 September 30, 2021, the Attorney General shall 14 increase the number of Board Members author- 15 ized to serve on the Board of Immigration Ap- 16 peals to 25. 17 (B) STAFF ATTORNEYS.—Not later than 18 September 30, 2021, in addition to positions 19 authorized before the date of the enactment of 20 this Act and any existing staff attorney vacan- 21 cies within the Department of Justice on the 22 date of enactment, and subject to the avail- 23 ability of appropriations, the Attorney General 24 shall increase the number of staff attorneys as- MDM17980 S.L.C. 100 1 signed to support the Board of Immigration 2 Appeals by not fewer than 50. 3 (C) FACILITIES AND SUPPORT PER- 4 SONNEL.—The 5 to procure space, temporary facilities, and re- 6 quired administrative support staff, on an expe- 7 dited basis, to accommodate the additional 8 Board Members authorized under this subpara- 9 graph. 10 (4) OFFICE Attorney General is authorized OF IMMIGRATION LITIGATION.—Not 11 later than September 30, 2021, in addition to posi- 12 tions authorized before the date of the enactment of 13 this Act and any existing vacancies within the De- 14 partment of Justice, and subject to the availability 15 of appropriations, the Attorney General shall in- 16 crease by not fewer than 100 the number of attor- 17 neys for the Office of Immigration Litigation. 18 (b) DEPARTMENT OF HOMELAND SECURITY.— 19 (1) FRAUD DETECTION AND NATIONAL SECU- 20 RITY 21 2021, in addition to positions authorized before the 22 date of the enactment of this Act and any existing 23 officer vacancies within the Department of Home- 24 land Security, and subject to the availability of ap- 25 propriations, the Director of U.S. Citizenship and OFFICERS.—Not later than September 30, MDM17980 S.L.C. 101 1 Immigration Services shall increase by not fewer 2 than 100 the number of trained full-time active duty 3 Fraud Detection and National Security (FDNS) of- 4 ficers. 5 (2) ICE HOMELAND SECURITY INVESTIGATIONS 6 FORENSIC DOCUMENT LABORATORY PERSONNEL.— 7 Not later than September 30, 2021, in addition to 8 positions authorized before the date of the enact- 9 ment of this Act and any existing officer vacancies 10 within the Department of Homeland Security, the 11 Director of U.S. Immigration and Customs Enforce- 12 ment shall increase the number of trained full-time 13 Forensic Document Laboratory Examiners by 15, 14 Fingerprint Specialists by 15, Intelligence Officers 15 by 10, and Administrative Staff by 3. 16 17 (3) IMMIGRATION (A) ICE ATTORNEYS.— TRIAL ATTORNEYS.—Not later 18 than September 30, 2021, in addition to posi- 19 tions authorized before the date of the enact- 20 ment of this Act and any existing attorney va- 21 cancies within the Department of Homeland Se- 22 curity on such date of enactment, the Director 23 of U.S. Immigration and Customs Enforcement 24 shall increase the number of trained, full-time, 25 active duty Office of Principal Legal Advisor at- MDM17980 S.L.C. 102 1 torneys by not fewer than 1,200. Such attor- 2 neys shall primarily perform duties related to 3 litigation of removal proceedings and rep- 4 resenting the Department of Homeland Secu- 5 rity in immigration matters before the immigra- 6 tion courts within the Department of Justice, 7 the Executive Office for Immigration Review, 8 and enforcement of U.S. customs and trade 9 laws. At least 50 of these additional attorney 10 positions shall be by the Attorney General to in- 11 crease the number of U.S. Immigration and 12 Customs Enforcement attorneys serving as Spe- 13 cial Assistant U.S. Attorneys, on detail to the 14 Department of Justice, Offices of the U.S. At- 15 torneys, to assist with immigration-related liti- 16 gation. 17 (B) USCIS IMMIGRATION ATTORNEYS.— 18 Not later than September 30, 2021, in addition 19 to positions authorized before the date of the 20 enactment of this Act and any existing attorney 21 vacancies within the Department of Homeland 22 Security on such date of enactment, the Direc- 23 tor of U.S. Citizenship and Immigration Serv- 24 ices shall increase the number of trained, full- 25 time, active duty Office of Chief Counsel attor- MDM17980 S.L.C. 103 1 neys by not fewer than 250. Such attorneys 2 shall primarily handle national security and 3 public safety cases, denaturalization cases, and 4 legal sufficiency reviews of immigration benefit 5 decisions. At least 50 of these additional attor- 6 ney positions shall be used by the Attorney 7 General to increase the number of U.S. Citizen- 8 ship and Immigration Service attorneys serving 9 as Special Assistant U.S. Attorneys, on detail 10 to the Department of Justice, Offices of the 11 U.S. Attorneys, to assist with immigration-re- 12 lated litigation. 13 (C) FACILITIES AND SUPPORT PER- 14 SONNEL.—The 15 of Homeland Security are authorized to procure 16 space, temporary facilities, and to hire the re- 17 quired administrative and legal support staff, 18 on an expedited basis, to accommodate the ad- 19 ditional positions authorized under this para- 20 graph. 21 22 23 Attorney General and Secretary PART II—JUDICIAL RESOURCES SEC. 141. JUDICIAL RESOURCES FOR BORDER SECURITY. (a) BORDER CROSSING PROSECUTIONS (CRIMINAL 24 CONSEQUENCE INITIATIVE).— MDM17980 S.L.C. 104 1 2 (1) IN GENERAL.—Amounts appropriated pur- suant to paragraph (3) shall be used— 3 (A) to increase the number of criminal 4 prosecutions for unlawful border crossing in 5 each and every sector of the southern border by 6 not less than 80 percent per day, as compared 7 to the average number of such prosecutions per 8 day during the 12-month period preceding the 9 date of the enactment of this Act, by increasing 10 funding for— 11 (i) attorneys and administrative sup- 12 port staff in offices of United States attor- 13 neys; 14 15 (ii) support staff and interpreters in court clerks’ offices; 16 (iii) pre-trial services; 17 (iv) activities of the Office of the Fed- 18 eral Public Defender, including payments 19 to retain appointed counsel under section 20 3006A of title 18, United States Code; and 21 (v) additional personnel, including 22 deputy United States marshals in the 23 United States Marshals Service, to perform 24 intake, coordination, transportation, and 25 court security; and MDM17980 S.L.C. 105 1 (B) to reimburse Federal, State, local, and 2 tribal law enforcement agencies for any deten- 3 tion costs related to the increased border cross- 4 ing prosecutions carried out pursuant to sub- 5 paragraph (A). 6 (2) ADDITIONAL MAGISTRATE JUDGES TO AS- 7 SIST WITH INCREASED CASELOAD.—The 8 of each judicial district located within a sector of the 9 southern border is authorized to appoint additional 10 full-time magistrate judges, who, consistent with the 11 Constitution and laws of the United States, shall 12 have the authority to hear cases and controversies in 13 the judicial district in which the magistrate judges 14 are appointed. 15 (3) AUTHORIZATION OF chief judge APPROPRIATIONS.— 16 There are authorized to be appropriated for each of 17 the fiscal years 2018 through 2021 such sums as 18 may be necessary to carry out this subsection. 19 (b) ADDITIONAL PERMANENT DISTRICT COURT 20 JUDGESHIPS IN SOUTHERN BORDER STATES.— 21 (1) IN GENERAL.—The President shall appoint, 22 by and with the advice and consent of the Senate— 23 (A) 4 additional district judges for the Dis- 24 trict of Arizona; MDM17980 S.L.C. 106 1 2 3 4 5 (B) 2 additional district judges for the Southern District of California; (C) 4 additional district judges for the Western District of Texas; and (D) 2 additional district judges for the 6 Southern District of Texas. 7 (2) CONVERSIONS OF TEMPORARY DISTRICT 8 COURT JUDGESHIPS.—The 9 trict of Arizona and the Central District of Cali- 10 fornia authorized under section 312(c) of the 21st 11 Century Department of Justice Appropriations Au- 12 thorization Act (28 U.S.C. 133 note), in existence on 13 the day before the date of the enactment of this Act, 14 shall be authorized under section 133 of title 28, 15 United States Code, and the individuals holding 16 such judgeships on such day shall hold office under 17 section 133 of title 28, United States Code, as 18 amended by paragraph (3). 19 (3) TECHNICAL AND judgeships for the Dis- CONFORMING 20 MENTS.—The 21 title 28, United States Code, is amended— 22 23 AMEND- table contained in section 133(a) of (A) by striking the item relating to the district of Arizona and inserting the following: ‘‘Arizona ................................................................. 17’’; MDM17980 S.L.C. 107 1 2 (B) by striking the items relating to California and inserting the following : ‘‘California: Northern ................................................................. Eastern ................................................................... Central .................................................................... Southern ................................................................. 3 4 (C) by striking the items relating to Texas and inserting the following : ‘‘Texas: Northern ................................................................. Southern ................................................................. Eastern ................................................................... Western .................................................................. 5 6 7 8 9 10 11 19 12 28 15’’; and 12 21 7 17’’. (c) INCREASE IN FILING FEES.— (1) IN GENERAL.—Section 1914(a) of title 28, United States Code, is amended— (A) by striking ‘‘$350’’ and inserting ‘‘$375’’; and (B) by striking ‘‘$5’’ and inserting ‘‘$7’’. (2) EXPENDITURE LIMITATION.—Incremental 12 amounts collected pursuant to the amendments 13 made by paragraph (1) shall be deposited as offset- 14 ting receipts in the special fund of the Treasury es- 15 tablished under section 1931 of title 28, United 16 States Code. Such amounts shall be available solely 17 for the purpose of facilitating the processing of civil 18 cases, but only to the extent specifically appro- 19 priated by an Act of Congress enacted after the date 20 of the enactment of this Act. MDM17980 S.L.C. 108 1 2 (d) WHISTLEBLOWER PROTECTION.— (1) IN GENERAL.—No officer, employee, agent, 3 contractor, or subcontractor of the judicial branch 4 may discharge, demote, threaten, suspend, harass, or 5 in any other manner discriminate against an em- 6 ployee in the terms and conditions of employment 7 because of any lawful act done by the employee to 8 provide information, cause information to be pro- 9 vided, or otherwise assist in an investigation regard- 10 ing any possible violation of Federal law or regula- 11 tion, or misconduct, by a judge, justice, or any other 12 employee in the judicial branch, which may assist in 13 the investigation of the possible violation or mis- 14 conduct. 15 (2) CIVIL ACTION.—An employee injured by a 16 violation of paragraph (1) may seek appropriate re- 17 lief in a civil action. 18 SEC. 142. REIMBURSEMENT TO STATE AND LOCAL PROS- 19 ECUTORS FOR FEDERALLY INITIATED, IMMI- 20 GRATION-RELATED CRIMINAL CASES. 21 (a) IN GENERAL.—The Attorney General shall reim- 22 burse State, county, tribal, and municipal governments for 23 costs associated with the prosecution of federally initiated 24 criminal cases declined to be prosecuted by local offices 25 of the United States attorneys, including costs relating to MDM17980 S.L.C. 109 1 pre-trial services, detention, clerical support, and public 2 defenders’ services associated to such prosecution. 3 (b) EXCEPTION.—Reimbursement under subsection 4 (a) shall not be available, at the discretion of the Attorney 5 General, if the Attorney General determines that there is 6 reason to believe that the jurisdiction seeking reimburse7 ment has engaged in unlawful conduct in connection with 8 immigration-related apprehensions. 9 10 11 Subtitle C—Grants SEC. 151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. Section 241(i) of the Immigration and Nationality 12 Act (8 U.S.C. 1231(i)) is amended— 13 14 15 (1) in paragraph (1)— (A) by inserting ‘‘AUTHORIZATION.—’’ before ‘‘If the chief’’; and 16 (B) by inserting ‘‘or an alien with an un- 17 known status’’ after ‘‘undocumented criminal 18 alien’’ each place that term appears; 19 (2) by striking paragraphs (2) and (3) and in- 20 21 22 serting the following: ‘‘(2) COMPENSATION.— ‘‘(A) CALCULATION OF COMPENSATION.— 23 Compensation under paragraph (1)(A) shall be 24 the average cost of incarceration of a prisoner MDM17980 S.L.C. 110 1 in the relevant State, as determined by the At- 2 torney General. 3 ‘‘(B) COMPENSATION OF STATE FOR IN- 4 CARCERATION.—The 5 compensate the State or political subdivision of 6 the State, in accordance with subparagraph 7 (A), for the incarceration of an alien— Attorney General shall 8 ‘‘(i) whose immigration status cannot 9 be verified by the Secretary of Homeland 10 Security; and 11 ‘‘(ii) who would otherwise be an un- 12 documented criminal alien if the alien is 13 unlawfully present in the United States. 14 15 ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(A) ALIEN WITH 16 TUS.—The 17 means an individual— AN UNKNOWN STA- term ‘alien with an unknown status’ 18 ‘‘(i) who has been incarcerated by a 19 Federal, State, or local law enforcement 20 entity; and 21 ‘‘(ii) whose immigration status cannot 22 be definitively identified. 23 ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.— 24 The term ‘undocumented criminal alien’ means 25 an alien who— MDM17980 S.L.C. 111 1 ‘‘(i) has been charged with or con- 2 victed of a felony or any misdemeanors; 3 and 4 ‘‘(ii)(I) entered the United States 5 without inspection or at any time or place 6 other than as designated by the Secretary 7 of Homeland Security; 8 ‘‘(II) was the subject of exclusion or 9 deportation or removal proceedings at the 10 time he or she was taken into custody by 11 the State or a political subdivision of the 12 State; or 13 ‘‘(III) was admitted as a non- 14 immigrant and, at the time he or she was 15 taken into custody by the State or a polit- 16 ical subdivision of the State, has failed to 17 maintain the nonimmigrant status in which 18 the alien was admitted or to which it was 19 changed under section 248, or to comply 20 with the conditions of any such status.’’; 21 (3) in paragraph (4), by inserting ‘‘and aliens 22 with an unknown status’’ after ‘‘undocumented 23 criminal aliens’’ each place that term appears; 24 (4) in paragraph (5)(C), by striking ‘‘to carry 25 out this subsection’’ and all that follows and insert- MDM17980 S.L.C. 112 1 ing ‘‘$950,000,000 for each of the fiscal years 2018 2 through 2021 to carry out this subsection.’’; and 3 (5) by adding at the end the following: 4 ‘‘(7) DISTRIBUTION OF REIMBURSEMENT.—Any 5 funds provided to a State or a political subdivision 6 of a State as compensation under paragraph (1)(A) 7 for a fiscal year shall be distributed to such State 8 or political subdivision not later than 120 days after 9 the last day of the period specified by the Attorney 10 General for the submission of requests under that 11 paragraph for that fiscal year.’’. 12 SEC. 152. OPERATION STONEGARDEN. 13 (a) IN GENERAL.—Subtitle A of title XX of the 14 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 15 is amended by adding at the end the following new section: 16 17 ‘‘SEC. 2009. OPERATION STONEGARDEN. ‘‘(a) ESTABLISHMENT.—There is established in the 18 Department a program, which shall be known as ‘Oper19 ation Stonegarden’, under which the Secretary, acting 20 through the Administrator, shall make grants to eligible 21 law enforcement agencies, through the State administra22 tive agency, to enhance border security in accordance with 23 this section. MDM17980 S.L.C. 113 1 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re- 2 ceive a grant under this section, a law enforcement agen3 cy— 4 ‘‘(1) shall be located in— 5 6 ‘‘(A) a State bordering Canada or Mexico; or 7 ‘‘(B) a State or territory with a maritime 8 border; and 9 ‘‘(2) shall be involved in an active, ongoing, 10 U.S. Customs and Border Protection operation co- 11 ordinated through a sector office. 12 ‘‘(c) PERMITTED USES.—The recipient of a grant 13 under this section may use such grant for— 14 15 ‘‘(1) equipment, including maintenance and sustainment costs; 16 ‘‘(2) personnel, including overtime and backfill, 17 in support of enhanced border law enforcement ac- 18 tivities; 19 ‘‘(3) any activity permitted for Operation 20 Stonegarden under the Department of Homeland 21 Security’s Fiscal Year 2017 Homeland Security 22 Grant Program Notice of Funding Opportunity; and 23 ‘‘(4) any other appropriate activity, as deter- 24 mined by the Administrator, in consultation with the MDM17980 S.L.C. 114 1 Commissioner of U.S. Customs and Border Protec- 2 tion. 3 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 4 shall award grants under this section to grant recipients 5 for a period of not less than 36 months. 6 ‘‘(e) REPORT.—For each of the fiscal years 2018 7 through 2022, the Administrator shall submit to the Com8 mittee on Homeland Security and Governmental Affairs 9 of the Senate and the Committee on Homeland Security 10 of the House of Representatives a report that contains in11 formation on the expenditure of grants made under this 12 section by each grant recipient. 13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 14 is authorized to be appropriated $110,000,000 for each 15 of the fiscal years 2018 through 2022 for grants under 16 this section.’’. 17 (b) CONFORMING AMENDMENT.—Section 2002(a) of 18 the Homeland Security Act of 2002 (6 U.S.C. 603) is 19 amended to read as follows: 20 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 21 the Administrator, may award grants under sections 2003, 22 2004, and 2009 to State, local, and tribal governments, 23 as appropriate.’’. 24 (c) CLERICAL AMENDMENT.—The table of contents 25 in section 1(b) of the Homeland Security Act of 2002 is MDM17980 S.L.C. 115 1 amended by inserting after the item relating to section 2 2008 the following new item: ‘‘Sec. 2009. Operation Stonegarden.’’. 3 SEC. 153. GRANTS FOR IDENTIFICATION OF VICTIMS OF 4 CROSS-BORDER HUMAN SMUGGLING. 5 In addition to any funding for grants made available 6 to the Attorney General for State and local law enforce7 ment assistance, the Attorney General shall award grants 8 to county, municipal, or tribal governments in States 9 along the southern border for costs, or reimbursement of 10 costs, associated with the transportation and processing 11 of unidentified alien remains that have been transferred 12 to an official medical examiner’s office or an institution 13 of higher education in the area with the capacity to ana14 lyze human remains using forensic best practices, includ15 ing DNA testing, where such expenses may contribute to 16 the collection and analysis of information pertaining to 17 missing and unidentified persons. 18 19 20 SEC. 154. GRANT ACCOUNTABILITY. (a) DEFINITIONS.—In this section: (1) AWARDING ENTITY.—The term ‘‘awarding 21 entity’’ means the Secretary, the Administrator of 22 the Federal Emergency Management Agency, the 23 Director of the National Science Foundation, or the 24 Chief of the Office of Citizenship and New Ameri- 25 cans. MDM17980 S.L.C. 116 1 (2) NONPROFIT ORGANIZATION.—The term 2 ‘‘nonprofit organization’’ means an organization that 3 is described in section 501(c)(3) of the Internal Rev- 4 enue Code of 1986 and is exempt from taxation 5 under section 501(a) of such Code. 6 (3) UNRESOLVED AUDIT FINDING.—The term 7 ‘‘unresolved audit finding’’ means a finding in a 8 final audit report conducted by the Inspector Gen- 9 eral of the Department of Homeland Security, or the 10 Inspector General for the National Science Founda- 11 tion for grants awarded by the Director of the Na- 12 tional Science Foundation, that the audited grantee 13 has utilized grant funds for an unauthorized expend- 14 iture or otherwise unallowable cost that is not closed 15 or resolved within one year after the date when the 16 final audit report is issued. 17 (b) ACCOUNTABILITY.—All grants awarded by an 18 awarding entity pursuant to this subtitle shall be subject 19 to the following accountability provisions: 20 (1) AUDIT REQUIREMENT.— 21 (A) AUDITS.—Beginning in the first fiscal 22 year beginning after the date of the enactment 23 of this Act, and in each fiscal year thereafter, 24 the Inspector General of the Department of 25 Homeland Security, or the Inspector General MDM17980 S.L.C. 117 1 for the National Science Foundation for grants 2 awarded by the Director of the National 3 Science Foundation, shall conduct audits of re- 4 cipients of grants under this subtitle or any 5 amendments made by this subtitle to prevent 6 waste, fraud, and abuse of funds by grantees. 7 Such Inspectors General shall determine the ap- 8 propriate number of grantees to be audited 9 each year. 10 (B) MANDATORY EXCLUSION.—A recipient 11 of grant funds under this subtitle that is found 12 to have an unresolved audit finding shall not be 13 eligible to receive grant funds under this sub- 14 title or any amendment made by this subtitle 15 during the first two fiscal years beginning after 16 the end of the one-year period described in sub- 17 section (A). 18 (C) PRIORITY.—In awarding a grant under 19 this subtitle or any amendment made by this 20 subtitle, the awarding entity shall give priority 21 to eligible applicants that did not have an unre- 22 solved audit finding during the three fiscal 23 years immediately preceding the date on which 24 the entity submitted the application for such 25 grant. MDM17980 S.L.C. 118 1 (D) REIMBURSEMENT.—If an entity is 2 awarded grant funds under this subtitle or any 3 amendment made by this subtitle during the 4 two-year period when the entity is barred from 5 receiving grants under subparagraph (B), the 6 awarding entity shall— 7 (i) deposit an amount equal to the 8 amount of the grant funds that were im- 9 properly awarded to such entity into the 10 general fund of the Treasury; and 11 (ii) seek to recover the costs of the re- 12 payment under clause (i) from such entity. 13 14 (2) NONPROFIT ORGANIZATION REQUIRE- MENTS.— 15 (A) PROHIBITION.—An awarding entity 16 may not award a grant under this subtitle or 17 any amendment made by this subtitle to a non- 18 profit organization that holds money in offshore 19 accounts for the purpose of avoiding the tax im- 20 posed under section 511(a) of the Internal Rev- 21 enue Code of 1986. 22 (B) DISCLOSURE.—Each nonprofit organi- 23 zation that is awarded a grant under this sub- 24 title or any amendment made by this subtitle 25 and uses the procedures prescribed by Internal MDM17980 S.L.C. 119 1 Revenue regulations to create a rebuttable pre- 2 sumption of reasonableness for the compensa- 3 tion of its officers, directors, trustees, and key 4 employees, shall disclose to the awarding entity, 5 in the application for the grant, the process for 6 determining such compensation, including the 7 independent persons involved in reviewing and 8 approving such compensation, the comparability 9 data used, and contemporaneous substantiation 10 of the deliberation and decision. Upon request, 11 the awarding entity shall make the information 12 disclosed under this subparagraph available for 13 public inspection. 14 (3) CONFERENCE EXPENDITURES.— 15 (A) LIMITATION.—Amounts authorized to 16 be appropriated to the Department of Home- 17 land Security or the National Science Founda- 18 tion for grant programs under this subtitle or 19 any amendment made by this subtitle may not 20 be used by an awarding entity to host or sup- 21 port any expenditure for conferences that uses 22 more than $20,000 in funds made available by 23 the Department of Homeland Security or the 24 National Science Foundation unless the Deputy 25 Secretary for Homeland Security, or the Dep- MDM17980 S.L.C. 120 1 uty Director of the National Science Founda- 2 tion, or their designee, provides prior written 3 authorization that the funds may be expended 4 to host the conference. 5 (B) WRITTEN APPROVAL.—Written ap- 6 proval under subparagraph (A) shall include a 7 written estimate of all costs associated with the 8 conference, including the cost of all food, bev- 9 erages, audio-visual equipment, honoraria for 10 speakers, and entertainment. 11 (C) REPORT.—The Deputy Secretary of 12 Homeland Security and the Deputy Director of 13 the National Science Foundation shall submit 14 an annual report to Congress that identifies all 15 conference expenditures approved under this 16 paragraph. 17 (4) ANNUAL CERTIFICATION.—Beginning in the 18 first fiscal year beginning after the date of the en- 19 actment of this Act, each awarding entity shall sub- 20 mit a report to Congress that— 21 (A) indicates whether— 22 (i) all audits issued by the Offices of 23 the Inspector General under paragraph (1) 24 have been completed and reviewed by the 25 appropriate individuals; MDM17980 S.L.C. 121 1 (ii) all mandatory exclusions required 2 under paragraph (1)(B) have been issued; 3 and 4 (iii) all reimbursements required 5 under paragraph (1)(D) have been made; 6 and 7 (B) includes a list of any grant recipients 8 excluded under paragraph (1) during the pre- 9 vious year. 10 11 12 13 Subtitle D—Authorization of Appropriations SEC. 161. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—In addition to amounts otherwise 14 authorized to be appropriated, there are authorized to be 15 appropriated for each of the fiscal years 2018 through 16 2021, $2,500,000,000 to implement this title and the 17 amendments made by this title, of which— 18 (1) $10,000,000 shall be used by the Depart- 19 ment of Homeland Security to implement Vehicle 20 and Dismount Exploitation Radars (VADER) in 21 border security operations; 22 (2) $3,000,000 shall be used by the Depart- 23 ment of Homeland Security to implement three di- 24 mensional, seismic acoustic detection and ranging MDM17980 S.L.C. 122 1 border tunneling detection technology on the south- 2 ern border; 3 4 (3) $200,000,000 shall be used by the Department of State to implement section 113; and 5 (4) $30,000,000 shall be used for judicial re- 6 form, institution building, anti-corruption, and rule 7 of law activities under the Merida Initiative. 8 (b) HIGH INTENSITY DRUG TRAFFICKING AREA 9 PROGRAM.—Section 707(p)(5) of the Office of National 10 Drug Control Policy Reauthorization Act of 1998 (21 11 U.S.C. 1706(p)(5)) is amended by striking ‘‘to the Office 12 of National Drug Control Policy’’ and all that follows and 13 inserting ‘‘$280,000,000 to the Office of National Drug 14 Control Policy for each of the fiscal years 2018 through 15 2021 to carry out this section.’’. 18 TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING 19 SEC. 201. PORTS OF ENTRY INFRASTRUCTURE. 16 17 20 (a) ADDITIONAL PORTS OF ENTRY.— 21 (1) AUTHORITY.—The Secretary of Homeland 22 Security may construct new ports of entry along the 23 northern border and the southern border and deter- 24 mine the location of any such new ports of entry. 25 (2) CONSULTATION.— MDM17980 S.L.C. 123 1 (A) REQUIREMENT TO CONSULT.—The 2 Secretary of Homeland Security shall consult 3 with the Secretary of State, the Secretary of 4 the Interior, the Secretary of Agriculture, the 5 Secretary of Transportation, the Administrator 6 of General Services, and appropriate represent- 7 atives of State and local governments, and In- 8 dian tribes, and property owners in the United 9 States prior to selecting a location for any new 10 port constructed pursuant to paragraph (1). 11 (B) CONSIDERATIONS.—The purpose of 12 the consultations required by subparagraph (A) 13 shall be to minimize any negative impacts of 14 such a new port on the environment, culture, 15 commerce, and quality of life of the commu- 16 nities and residents located near such new port. 17 18 (b) EXPANSION ORITY AND BORDER PORTS MODERNIZATION OF OF HIGH-PRI- ENTRY.—Not later than Sep- 19 tember 30, 2021, the Secretary of Homeland Security 20 shall modernize the top 10 high-priority ports of entry. 21 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con- 22 structing any new ports of entry pursuant to subsection 23 (a), the Secretary shall complete the expansion and mod24 ernization of ports of entry pursuant to subsection (b) to 25 the extent practicable. MDM17980 S.L.C. 124 1 2 (d) NOTIFICATION.— (1) NEW PORTS OF ENTRY.—Not later than 15 3 days after determining the location of any new port 4 of entry for construction pursuant to subsection (a), 5 the Secretary of Homeland Security shall submit a 6 report containing the location of the new port of 7 entry, a description of the need for and anticipated 8 benefits of the new port of entry, a description of 9 the consultations undertaken by the Secretary, any 10 actions that will be taken to minimize negative im- 11 pacts of the new port, and the anticipated timeline 12 for construction and completion of the new port of 13 entry to— 14 (A) the members of Congress that rep- 15 resent the State or congressional district in 16 which the new port of entry will be located; 17 18 (B) the Committee on Homeland Security and Governmental Affairs of the Senate; 19 20 21 22 23 24 (C) the Committee on Finance of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Homeland Security of the House of Representatives; MDM17980 S.L.C. 125 1 2 (F) the Committee on Ways and Means of the House of Representatives; and 3 (G) the Committee on the Judiciary of the 4 House of Representatives. 5 (2) TOP TEN HIGH-VOLUME PORTS.—Not later 6 than 180 days after the date of the enactment of 7 this Act, the Secretary of Homeland Security shall 8 notify the congressional committees listed under 9 paragraph (1) of— 10 (A) the top 10 high-volume ports of entry 11 on the southern border referred to in subsection 12 (b); and 13 (B) the Secretary’s plan for expanding the 14 primary and secondary inspection lanes at each 15 such port of entry. 16 17 SEC. 202. SECURE COMMUNICATIONS. (a) IN GENERAL.—The Secretary shall ensure that 18 each U.S. Customs and Border Protection and U.S. Immi19 gration and Customs Enforcement officer or agent, if ap20 propriate, is equipped with a secure two-way communica21 tion device, supported by system interoperability and LTE 22 network capability, that allows each such officer to com23 municate— 24 25 (1) between ports of entry and inspection stations; and MDM17980 S.L.C. 126 1 (2) with other Federal, State, tribal, and local 2 law enforcement entities. 3 (b) LAND BORDER AGENTS AND OFFICERS.—The 4 Secretary shall ensure that each U.S. Customs and Border 5 Protection agent or officer assigned or required to patrol 6 on foot, by horseback, or with a canine unit, in remote 7 mission critical locations, including but not limited to the 8 Rio Grand Valley and Big Bend, and at border check9 points, has a multi-band, encrypted portable radio with 10 military-grade high frequency capability to allow for be11 yond line-of-sight communications. 12 13 SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM. (a) EXPANSION.—Not later than September 30, 14 2021, the Secretary shall fully implement the Border Se15 curity Deployment Program of the U.S. Customs and Bor16 der Protection and expand the integrated surveillance and 17 intrusion detection system at land ports of entry along the 18 southern border and the northern border. 19 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi- 20 tion to amounts otherwise authorized to be appropriated, 21 there are authorized to be appropriated $33,000,000 for 22 fiscal year 2018 to carry out subsection (a). MDM17980 S.L.C. 127 1 2 3 SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF ENTRY. (a) UPGRADE.—Not later than one year after the 4 date of the enactment of this Act, the Commissioner of 5 U.S. Customs and Border Protection shall upgrade all ex6 isting license plate readers on the northern border and the 7 southern borders on incoming and outgoing vehicle lanes. 8 (b) PILOT PROGRAM.—Not later than 90 days after 9 the date of the enactment of this Act, the Commissioner 10 of U.S. Customs and Border Protection shall conduct a 11 one-month pilot on the southern border using license plate 12 readers for one to two cargo lanes at the top three high13 volume land ports of entry or checkpoints to determine 14 their effectiveness in reducing cross-border wait times for 15 commercial traffic and tractor-trailers. 16 (c) REPORT.—Not later than 180 days after the date 17 of enactment of this Act, the Secretary shall— 18 (1) report to the Committee on Homeland Se- 19 curity and Governmental Affairs of the Senate, the 20 Committee on the Judiciary of the Senate, the Com- 21 mittee on Finance of the Senate, the Committee on 22 Homeland Security of the House of Representatives, 23 the Committee on the Judiciary of the House of 24 Representatives, and the Committee on Ways and 25 Means of the House of Representatives on the re- 26 sults of the pilot program under subsection (b); and MDM17980 S.L.C. 128 1 (2) make recommendations to such committees 2 for implementing such technology on the southern 3 border. 4 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi- 5 tion to amounts otherwise authorized to be appropriated, 6 there are authorized to be appropriated $125,000,000 for 7 fiscal year 2018 to carry out this section. 8 9 SEC. 205. BIOMETRIC TECHNOLOGY. (a) BIOMETRIC STORAGE.—The Secretary shall cre- 10 ate a system or upgrade an existing system (if a Depart11 ment of Homeland Security system already has capability 12 and capacity for storage) to allow for storage of iris scans 13 and voice prints of aliens that can be used by the Depart14 ment of Homeland Security, other Federal agencies, and 15 State and local law enforcement for identification, remote 16 authentication, and verification of aliens. The Secretary 17 shall ensure, to the extent possible, that the system for 18 storage of iris scans and voice prints is compatible with 19 existing State and local law enforcement systems that are 20 used for collection and storage of iris scans or voice prints 21 for criminal aliens. 22 (b) PILOT PROGRAM.—Not later than 120 days after 23 the date of enactment of this Act, U.S. Immigration and 24 Customs Enforcement and U.S. Citizenship and Immigra25 tion Services shall conduct a six-month pilot on the collec- MDM17980 S.L.C. 129 1 tion and use of iris scans and voice prints for identifica2 tion, remote authentication, and verification of aliens who 3 are in removal proceedings, detained, or are seeking an 4 immigration benefit. 5 (c) REPORT.—Not later than one year after the date 6 of enactment of this Act, the Secretary shall report the 7 results of the pilot and make recommendations for imple8 menting use of such technology to the Committee on 9 Homeland Security and Governmental Affairs and the 10 Committee on the Judiciary of the Senate and the Com11 mittee on Homeland Security and Committee on the Judi12 ciary of the House of Representatives. 13 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi- 14 tion to amounts otherwise authorized to be appropriated, 15 there are authorized to be appropriated $10,000,000 for 16 fiscal year 2018 to carry out this section. 17 18 SEC. 206. BIOMETRIC EXIT DATA SYSTEM. (a) IN GENERAL.—Subtitle B of title IV of the 19 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 20 is amended by adding at the end the following new section: 21 22 ‘‘SEC. 418. BIOMETRIC ENTRY-EXIT.’’. ‘‘(a) ESTABLISHMENT.—The Secretary shall— 23 ‘‘(1) not later than 180 days after the date of 24 the enactment of the Building America’s Trust Act, 25 submit to the Committee on Homeland Security and MDM17980 S.L.C. 130 1 Governmental Affairs of the Senate, the Committee 2 on the Judiciary of the Senate, the Committee on 3 Homeland Security of the House of Representatives, 4 and the Committee on the Judiciary of the House of 5 Representatives an implementation plan to establish 6 a biometric exit data system to complete the inte- 7 grated biometric entry and exit data system required 8 under section 7208 of the Intelligence Reform and 9 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 10 including— 11 ‘‘(A) an integrated master schedule and 12 cost estimate, including requirements and de- 13 sign, development, operational, and mainte- 14 nance costs, of such a system that takes into 15 account prior reports on such matters issued by 16 the Government Accountability Office and the 17 Department; 18 ‘‘(B) cost-effective staffing and personnel 19 requirements of such a system that leverages 20 existing resources of the Department that takes 21 into account prior reports on such matters 22 issued by the Government Accountability Office 23 and the Department; 24 ‘‘(C) a consideration of training programs 25 necessary to establish such a system that takes MDM17980 S.L.C. 131 1 into account prior reports on such matters 2 issued by the Government Accountability Office 3 and the Department; 4 ‘‘(D) a consideration of how such a system 5 will affect wait times that takes into account 6 prior reports on such matter issued by the Gov- 7 ernment Accountability Office and the Depart- 8 ment; 9 ‘‘(E) information received after consulta- 10 tion with private sector stakeholders, including 11 the— 12 ‘‘(i) trucking industry; 13 ‘‘(ii) airport industry; 14 ‘‘(iii) airline industry; 15 ‘‘(iv) seaport industry; 16 ‘‘(v) travel industry; and 17 ‘‘(vi) biometric technology industry; 18 ‘‘(F) a consideration of how trusted trav- 19 eler programs in existence as of the date of the 20 enactment of this Act may be impacted by, or 21 incorporated into, such a system; 22 23 24 25 ‘‘(G) defined metrics of success and milestones; ‘‘(H) identified risks and mitigation strategies to address such risks; and MDM17980 S.L.C. 132 1 ‘‘(I) a consideration of how other countries 2 have implemented a biometric exit data system; 3 and 4 ‘‘(2) not later than two years after the date of 5 the enactment of the Building America’s Trust Act, 6 establish a biometric exit data system at— 7 ‘‘(A) the 15 United States airports that 8 support the highest volume of international air 9 travel, as determined by available Federal flight 10 data; 11 ‘‘(B) the 15 United States seaports that 12 support the highest volume of international sea 13 travel, as determined by available Federal travel 14 data; and 15 ‘‘(C) the 15 United States land ports of 16 entry that support the highest volume of vehi- 17 cle, pedestrian, and cargo crossings, as deter- 18 mined by available Federal border crossing 19 data. 20 21 ‘‘(b) IMPLEMENTATION.— ‘‘(1) PILOT PROGRAM AT LAND PORTS OF 22 ENTRY 23 FIC.—Not 24 enactment of the Building America’s Trust Act, the 25 Secretary, in collaboration with industry stake- FOR NON-PEDESTRIAN OUTBOUND TRAF- later than 18 months after the date of the MDM17980 S.L.C. 133 1 holders, shall establish a six-month pilot program to 2 test the biometric exit data system referred to in 3 subsection (a)(2) on nonpedestrian outbound traffic 4 at not fewer than three land ports of entry with sig- 5 nificant cross-border traffic, including at not fewer 6 than two land ports of entry on the southern land 7 border and at least one land port of entry on the 8 northern land border. Such pilot program may in- 9 clude a consideration of more than one biometric 10 mode, and shall be implemented to determine the 11 following: 12 ‘‘(A) How a nationwide implementation of 13 such biometric exit data system at land ports of 14 entry shall be carried out. 15 16 17 18 ‘‘(B) The infrastructure required to carry out subparagraph (A). ‘‘(C) The effects of such pilot program on legitimate travel and trade. 19 ‘‘(D) The effects of such pilot program on 20 wait times, including processing times, for such 21 non-pedestrian traffic. 22 23 24 25 ‘‘(E) Its effectiveness in combating terrorism. ‘‘(F) Its effectiveness in identifying visa holders who violate the terms of their visas. MDM17980 S.L.C. 134 1 2 3 ‘‘(2) AT LAND PORTS OF ENTRY FOR NON-PE- DESTRIAN OUTBOUND TRAFFIC.— ‘‘(A) IN GENERAL.—Not later than five 4 years after the date of the enactment of the 5 Building America’s Trust Act, the Secretary 6 shall expand the biometric exit data system re- 7 ferred to in subsection (a)(2) to all land ports 8 of entry, and such system shall apply only in 9 the case of nonpedestrian outbound traffic. 10 ‘‘(B) EXTENSION.—The Secretary may ex- 11 tend for a single two-year period the date speci- 12 fied in subparagraph (A) if the Secretary cer- 13 tifies to the Committee on Homeland Security 14 and Governmental Affairs of the Senate, the 15 Committee on the Judiciary of the Senate, the 16 Committee on Homeland Security of the House 17 of Representatives, and the Committee on the 18 Judiciary of the House of Representatives that 19 the 15 land ports of entry that support the 20 highest volume of passenger vehicles, as deter- 21 mined by available Federal data, do not have 22 the physical infrastructure or characteristics to 23 install the systems necessary to implement a bi- 24 ometric exit data system. MDM17980 S.L.C. 135 1 ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 2 later than five years after the date of the enactment 3 of the Building America’s Trust Act, the Secretary 4 shall expand the biometric exit data system referred 5 to in subsection (a)(2) to all air and sea ports of 6 entry. 7 ‘‘(4) AT LAND PORTS OF ENTRY FOR PEDES- 8 TRIANS.—Not 9 the enactment of the Building America’s Trust Act, 10 the Secretary shall expand the biometric exit data 11 system referred to in subsection (a)(2) to all land 12 ports of entry, and such system shall apply only in 13 the case of pedestrians. 14 ‘‘(c) EFFECTS 15 TATION.—The later than five years after the date of ON AIR, SEA, AND LAND TRANSPOR- Secretary, in consultation with appropriate 16 private sector stakeholders, shall ensure that the collection 17 of biometric data under this section causes the least pos18 sible disruption to the movement of people or cargo in air, 19 sea, or land transportation, while fulfilling the goals of im20 proving counterterrorism efforts and identifying visa hold21 ers who violate the terms of their visas. 22 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith- 23 standing any other provision of law, the Secretary shall, 24 on the date of the enactment of the Building America’s 25 Trust Act, terminate the proceeding entitled ‘Collection of MDM17980 S.L.C. 136 1 Alien Biometric Data Upon Exit From the United States 2 at Air and Sea Ports of Departure; United States Visitor 3 and Immigrant Status Indicator Technology Program 4 (‘‘US-VISIT’’)’, issued on April 24, 2008 (73 Fed. Reg. 5 22065). 6 ‘‘(e) DATA-MATCHING.—The biometric exit data sys- 7 tem established under this section shall— 8 ‘‘(1) match biometric information for an alien 9 who is departing the United States against the bio- 10 metric information obtained for the alien upon entry 11 to the United States; 12 ‘‘(2) leverage the infrastructure and databases 13 of the current biometric entry and exit system estab- 14 lished pursuant to section 7208 of the Intelligence 15 Reform and Terrorism Prevention Act of 2004 (8 16 U.S.C. 1365b) for the purpose described in para- 17 graph (1); and 18 ‘‘(3) be interoperable with, and allow matching 19 against, other Federal databases that store bio- 20 metrics of known or suspected terrorists and visa 21 holders who have violated the terms of their visas. 22 ‘‘(f) SCOPE.— 23 ‘‘(1) IN GENERAL.—The biometric exit data 24 system established under this section shall include a 25 requirement for the collection of biometric exit data MDM17980 S.L.C. 137 1 for all categories of individuals who are required to 2 provide biometric entry data. 3 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID- 4 UALS.—This 5 who exit and then reenter the United States on a 6 passenger vessel (as such term is defined in section 7 2101 of title 46, United States Code) if the itinerary 8 of such vessel originates and terminates in the 9 United States. 10 ‘‘(3) 11 ENTRY.—This 12 States citizen or a Canadian citizen who exits the 13 United States through a land port of entry. 14 ‘‘(g) COLLECTION OF DATA.—The Secretary may not section shall not apply to individuals EXCEPTION FOR LAND PORTS OF section shall not apply to a United 15 require any non-Federal person to collect biometric data 16 pursuant to the biometric exit data system established 17 under this section, except through a contractual agree18 ment. 19 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 20 subsections (a)(1) and (b), the Secretary shall make every 21 effort to collect biometric data using multiple modes of 22 biometrics. 23 ‘‘(i) FACILITIES.—All non-federally owned facilities 24 where the biometric exit data system established under 25 this section is implemented shall provide and maintain MDM17980 S.L.C. 138 1 space for Federal use that is adequate to support biomet2 ric data collection and other inspection-related activity. 3 Such space shall be provided and maintained at no cost 4 to the Government. 5 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 6 northern land border, the requirements under subsection 7 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 8 the sharing of biometric data provided to U.S. Customs 9 and Border Protection by the Canadian Border Services 10 Agency pursuant to the 2011 Beyond the Border agree11 ment. 12 ‘‘(k) CONGRESSIONAL REVIEW.—Not later than 90 13 days after the date of the enactment of this section, the 14 Secretary shall submit to the Committee on Homeland Se15 curity and Governmental Affairs of the Senate, the Com16 mittee on the Judiciary of the Senate, the Committee on 17 Homeland Security of the House of Representatives, and 18 the Committee on the Judiciary of the House of Rep19 resentatives reports and recommendations of the Science 20 and Technology Directorate’s Air Entry and Exit Re-En21 gineering Program of the Department and the U.S. Cus22 toms and Border Protection entry and exit mobility pro23 gram demonstrations.’’. MDM17980 S.L.C. 139 1 2 3 SEC. 207. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES. (a) FINDING.—Congress finds that personnel con- 4 straints exist at land ports of entry with regard to sanitary 5 and phytosanitary inspections for exported goods. 6 (b) SENSE OF CONGRESS.—It is the sense of Con- 7 gress that, in the best interest of cross-border trade and 8 the agricultural community— 9 (1) any lack of certified personnel for inspection 10 purposes at ports of entry should be addressed by 11 seeking cooperation between agencies and depart- 12 ments of the United States, whether in the form of 13 a memorandum of understanding or through a cer- 14 tification process, whereby additional existing agents 15 are authorized for additional hours to facilitate the 16 crossing and trade of perishable goods in a manner 17 consistent with rules of the Department of Agri- 18 culture; and 19 (2) cross designation should be available for 20 personnel who will assist more than one agency or 21 department at land ports of entry to facilitate in- 22 creased trade and commerce. 23 24 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. In addition to any amounts otherwise authorized to 25 be appropriated, there is authorized to be appropriated MDM17980 S.L.C. 140 1 $1,000,000,000 for each of the fiscal years 2018 through 2 2021 to carry out this title. 5 TITLE III—DOMESTIC SECURITY AND INTERIOR ENFORCEMENT Subtitle A—General Matters 6 SEC. 301. ENDING CATCH AND RELEASE FOR REPEAT IMMI- 3 4 7 GRATION 8 ALIENS. 9 VIOLATORS AND CRIMINALS Section 236 of the Immigration and Nationality Act 10 (8 U.S.C. 1226) is amended by striking the section head11 ing and subsections (a) through (c) and inserting the fol12 lowing: 13 ‘‘SEC. 236. APPREHENSION AND DETENTION OF ALIENS. 14 ‘‘(a) ARREST, DETENTION, AND RELEASE.— 15 ‘‘(1) IN GENERAL.—The Secretary, on a war- 16 rant issued by the Secretary, may arrest an alien 17 and detain the alien pending a decision on whether 18 the alien is to be removed from the United States 19 up until the alien has an administratively final order 20 of removal. Except as provided in subsection (c) and 21 pending such decision, the Secretary— 22 23 24 ‘‘(A) may— ‘‘(i) continue to detain the arrested alien; MDM17980 S.L.C. 141 1 ‘‘(ii) release the alien on bond of at 2 least $5,000, with security approved by, 3 and containing conditions prescribed by, 4 the Secretary; or 5 ‘‘(iii) release the alien on his or her 6 own recognizance, subject to appropriate 7 conditions set forth by the Secretary of 8 Homeland Security, if the Secretary of 9 Homeland Security determines that the 10 alien will not pose a danger to the safety 11 of other persons or of property and is like- 12 ly to appear for any scheduled proceeding; 13 and 14 ‘‘(B) may not provide the alien with work 15 authorization (including an ‘employment au- 16 thorized’ endorsement or other appropriate 17 work permit) or advance parole to travel outside 18 of the United States, unless the alien is lawfully 19 admitted for permanent residence or otherwise 20 would (without regard to removal proceedings) 21 be provided such authorization. 22 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The Sec- 23 retary at any time may revoke bond or parole authorized 24 under subsection (a), rearrest the alien under the original 25 warrant, and detain the alien. MDM17980 S.L.C. 142 1 ‘‘(c) MANDATORY DETENTION OF CRIMINAL ALIENS.—The Secretary shall 2 ALIENS.— 3 ‘‘(1) CRIMINAL 4 take into custody and continue to detain any alien 5 who— 6 7 ‘‘(A)(i) has not been admitted or paroled into the United States; and 8 ‘‘(ii) was apprehended anywhere within 9 100 miles of the international border of the 10 United States; 11 ‘‘(B) is admissible by reason of having 12 committed any offense covered in section 13 212(a)(2); 14 ‘‘(C) is deportable by reason of having 15 committed any offense covered in section 16 237(a)(2); 17 18 ‘‘(D) is convicted for an offense under section 275(a); 19 20 ‘‘(E) is convicted for an offense under section 276; 21 22 ‘‘(F) is convicted for any criminal offense; or 23 ‘‘(G) 24 212(a)(3)(B) 25 237(a)(4)(B), is inadmissible or deportable under section under section MDM17980 S.L.C. 143 1 when the alien is released, without regard to 2 whether the alien is released on parole, super- 3 vised release, and without regard to whether the 4 alien may be arrested or imprisoned again for 5 the same offense. 6 ‘‘(2) RELEASE.— 7 ‘‘(A) IN GENERAL.—Except as provided in 8 subparagraph (B), the Secretary may release an 9 alien described in paragraph (1) only if the Sec- 10 retary decides pursuant to section 3251 of title 11 18, United States Code, and in accordance with 12 a procedure that considers the severity of the 13 offense committed by the alien, that— 14 ‘‘(i) release of the alien from custody 15 is necessary to provide protection to a wit- 16 ness, a potential witness, a person cooper- 17 ating with an investigation into major 18 criminal activity, or an immediate family 19 member or close associate of a witness, po- 20 tential witness, or person cooperating with 21 such an investigation, and 22 ‘‘(ii) the alien satisfies the Secretary 23 that the alien is not a flight risk, poses no 24 danger to the safety of other persons or of 25 property, is not a threat to national secu- MDM17980 S.L.C. 144 1 rity or public safety, and is likely to appear 2 at any scheduled proceeding. 3 ‘‘(B) ARRESTED, 4 5 BUT NOT CONVICTED, ALIENS.— ‘‘(i) RELEASE FOR PROCEEDINGS.— 6 The Secretary of Homeland Security may 7 release any alien held pursuant to para- 8 graph (1) to the appropriate authority for 9 any proceedings subsequent to the arrest. 10 ‘‘(ii) RESUMPTION OF CUSTODY.—If 11 an alien is released under clause (i), the 12 Secretary shall— 13 ‘‘(I) resume custody of the alien 14 during any period pending the final 15 disposition of any such proceedings 16 that the alien is not in the custody of 17 such appropriate authority; and 18 ‘‘(II) if the alien is not convicted 19 of the offense for which the alien was 20 arrested, the Secretary shall continue 21 to detain the alien until removal pro- 22 ceedings are completed.’’. 23 24 SEC. 302. DETERRING VISA OVERSTAYS. (a) ADMISSION OF NONIMMIGRANTS.—Section 214 of 25 the Immigration and Nationality Act (8 U.S.C. 1184) is MDM17980 S.L.C. 145 1 amended by striking the section heading and all that fol2 lows through subsection (a)(1) and inserting the following: 3 ‘‘SEC. 214. ADMISSION OF NONIMMIGRANTS. 4 ‘‘(a) IN GENERAL.— 5 ‘‘(1) TERMS AND CONDITIONS OF ADMISSION.— 6 ‘‘(A) REGULATIONS.—Subject to subpara- 7 graphs (B) and (C), the admission to the 8 United States of any alien as a nonimmigrant 9 may be for such time and under such conditions 10 as the Secretary of Homeland Security may by 11 regulations prescribe, including when the Sec- 12 retary deems necessary the giving of a bond 13 with sufficient surety in such sum and con- 14 taining such conditions as the Secretary shall 15 prescribe, to insure that at the expiration of 16 such time or upon failure to maintain the sta- 17 tus under which the alien was admitted, or to 18 maintain any status subsequently acquired 19 under section 248, such alien will depart from 20 the United States. 21 ‘‘(B) GUAM OR CNMI VISA WAIVER NON- 22 IMMIGRANTS.—No 23 the Commonwealth of the Northern Mariana Is- 24 lands without a visa pursuant to section 212(l) 25 may be authorized to enter or stay in the alien admitted to Guam or MDM17980 S.L.C. 146 1 United States other than in Guam or the Com- 2 monwealth of the Northern Mariana Islands or 3 to remain in Guam or the Commonwealth of 4 the Northern Mariana Islands for a period ex- 5 ceeding 45 days from the date of admission to 6 Guam or the Commonwealth of the Northern 7 Mariana Islands. 8 9 ‘‘(C) VISA WAIVER IMMIGRANTS.—No PROGRAM NON- alien admitted to the United 10 States without a visa pursuant to section 217 11 may be authorized to remain in the United 12 States as a nonimmigrant visitor for a period 13 exceeding 90 days from the date of admission. 14 15 16 ‘‘(D) BAR TO IMMIGRATION BENEFITS AND TO CONTESTING REMOVAL.— ‘‘(i) IN GENERAL.—Subject to clause 17 (ii), except for an alien admitted as a non- 18 immigrant under subparagraph (A) or (G) 19 of section 101(a)(15) or a NATO non- 20 immigrant, any alien who remains in the 21 United States beyond the period of stay 22 authorized by the Secretary of Homeland 23 Security, without good cause as determined 24 by the Secretary of Homeland Security, in 25 the Secretary’s discretion, is ineligible for MDM17980 S.L.C. 147 1 all immigration benefits or relief available 2 under the immigration laws, other than a 3 request for asylum, withholding of removal 4 under section 241(b)(3), or relief from re- 5 moval based on a claim under the Conven- 6 tion Against Torture and Other Cruel, In- 7 human or Degrading Treatment or Pun- 8 ishment, done at New York, December 10, 9 1984. 10 ‘‘(ii) EXCEPTION.—The Secretary 11 may, 12 unreviewable discretion, find that a non- 13 immigrant is not subject to clause (i) if— 14 ‘‘(I) the alien was lawfully admit- 15 ted to the United States as a non- 16 immigrant; in the Secretary’s sole and 17 ‘‘(II) the alien filed a nonfrivo- 18 lous application for change of status 19 to another nonimmigrant category or 20 extension of stay before the date of 21 expiration of the alien’s authorized pe- 22 riod of stay as a nonimmigrant; 23 ‘‘(III) the alien has not been em- 24 ployed without authorization in the MDM17980 S.L.C. 148 1 United States, before, or during pend- 2 ency of the application; 3 ‘‘(IV) the alien has not otherwise 4 violated the terms of the alien’s non- 5 immigrant status; and 6 ‘‘(V) the Secretary of Homeland 7 Security, in the Secretary’s sole and 8 unreviewable 9 that the alien is not a threat to na- discretion, determines 10 tional security or public safety. 11 ‘‘(iii) GOOD CAUSE DEFINED.—In 12 clause (i), the term ‘good cause’ means exi- 13 gent humanitarian circumstances, such as 14 medical emergencies or force majeure.’’. 15 (b) ISSUANCE OF NONIMMIGRANT VISAS.—Section 16 221(a) of the Immigration and Nationality Act (8 U.S.C. 17 1201(a)) is amended by adding at the end the following: 18 ‘‘(3) NOTIFICATION OF BARS.—The Secretary of 19 State shall ensure that every application for a non20 immigrant visa includes a statement, to be executed under 21 penalty of perjury, notifying the alien who is seeking a 22 nonimmigrant visa of the bars to immigration relief and 23 to contesting removal under section 214(a)(1)(D) if the 24 alien fails to depart the United States at the end of the 25 alien’s authorized period of stay.’’. MDM17980 S.L.C. 149 1 (c) VISA WAIVER PROGRAM WAIVER OF RIGHTS.— 2 Section 217(b) of the Immigration and Nationality Act (8 3 U.S.C. 1187(b)) is amended to read as follows: 4 ‘‘(b) WAIVER OF RIGHTS.—An alien may not be pro- 5 vided a waiver under the program unless the alien has— 6 ‘‘(1) signed, under penalty of perjury, an ac- 7 knowledgement confirming that the alien was noti- 8 fied and understands that he or she will be ineligible 9 for any form of relief or immigration benefit under 10 the Act or any other immigration laws, other than 11 a request for asylum, withholding of removal under 12 section 241(b)(3), or relief from removal based on a 13 claim under the Convention Against Torture and 14 Other Cruel, Inhuman or Degrading Treatment or 15 Punishment, done at New York, December 10, 16 1984, if the alien fails to depart the United States 17 at the end of the 90-day period for admission; 18 ‘‘(2) waived any right to review or appeal under 19 this Act of an immigration officer’s determination as 20 to the a admissibility of the alien at the port of 21 entry into the United States, and 22 ‘‘(3) waived any right to contest, other than on 23 the basis of an application for asylum, any action for 24 removal of the alien.’’. MDM17980 S.L.C. 150 1 SEC. 303. INCREASE IN IMMIGRATION DETENTION CAPAC- 2 3 ITY. Not later than September 30, 2018, and subject to 4 the availability of appropriations, the Secretary of Home5 land Security shall increase the immigration detention ca6 pacity to a daily immigration detention capacity of not less 7 than 48,879 detention beds. 8 SEC. 304. COLLECTION OF DNA FROM CRIMINAL AND DE- 9 10 TAINED ALIENS. (a) IN GENERAL.—Section 3(a)(1) of the DNA Anal- 11 ysis Backlog Elimination Act of 2000 (42 U.S.C. 12 14135a(a)(1)) is amended by adding at the end the fol13 lowing: 14 ‘‘(C) The Secretary of Homeland Security shall 15 collect DNA samples from any alien, as defined 16 under section 101(a)(3) of the Immigration and Na- 17 tionality Act (8 U.S.C. 1101(a)(3)), who— 18 ‘‘(i) has been detained pursuant to section 19 235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of 20 that Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV), 21 1226, 1226a, 1228); or 22 ‘‘(ii) is the subject of a final order of re- 23 moval under section 240 of that Act (8 U.S.C. 24 1229a) based on inadmissibility under section 25 212(a)(2) of that Act (8 U.S.C. 1182(a)(2)) or MDM17980 S.L.C. 151 1 being 2 237(a)(2) of that Act (8 U.S.C. 1227(a)(2)).’’. 3 4 subject (b) FURNISHING AND OF to removal under section DNA SAMPLES FROM CRIMINAL DETAINED ALIENS.—Section 3(b) of the DNA Anal- 5 ysis Backlog Elimination Act of 2000 (42 U.S.C. 6 14135a(b)) is amended by striking ‘‘or the probation office 7 responsible (as applicable)’’ and inserting ‘‘the probation 8 office responsible, or the Secretary of Homeland Secu9 rity’’. 10 11 12 13 SEC. 305. COLLECTION, USE, AND STORAGE OF BIOMETRIC DATA. (a) COLLECTION AND TION FOR IMMIGRATION USE OF BIOMETRIC INFORMA- PURPOSES.— 14 (1) COLLECTION.—The Secretary of Homeland 15 Security may require any individual filing an appli- 16 cation, petition, or other request for immigration 17 benefit or status with the Department of Homeland 18 Security or seeking an immigration benefit, immi- 19 gration employment authorization, identity, or travel 20 document, or requesting relief under any provision 21 of the immigration laws to submit biometric infor- 22 mation (including but not limited to fingerprints, 23 photograph, signature, voice print, iris, or DNA) to 24 the Secretary. MDM17980 S.L.C. 152 1 (2) USE.—The Secretary may use any biomet- 2 ric information submitted under paragraph (1) to 3 conduct background and security checks, verify an 4 individual’s identity, adjudicate, revoke, or terminate 5 immigration benefits or status, and perform other 6 functions related to administering and enforcing the 7 immigration laws. 8 (b) BIOMETRIC AND BIOGRAPHIC INFORMATION 9 SHARING.— 10 (1) BIOMETRIC AND BIOGRAPHIC INFORMATION 11 SHARING DEFENSE AND 12 FEDERAL BUREAU OF INVESTIGATION.—The Sec- 13 retary of Homeland Security, the Secretary of De- 14 fense, and the Director of the Federal Bureau of In- 15 vestigation— WITH DEPARTMENT OF 16 (A) shall exchange appropriate biometric 17 and biographic information to determine or con- 18 firm the identity of an individual and to assess 19 whether the individual is a threat to national 20 security or public safety; and 21 (B) may use information exchanged pursu- 22 ant to subparagraph (A) to compare biometric 23 and biographic information contained in appli- 24 cable systems of the Department of Homeland 25 Security, the Department of Defense, or the MDM17980 S.L.C. 153 1 Federal Bureau of Investigation to determine if 2 there is a match between such information and, 3 if there is a match, to relay such information to 4 the requesting agency. 5 (2) USE OF BIOMETRIC DATA BY THE DEPART- 6 MENT OF STATE.—The 7 biometric information from applicable systems of the 8 Department of Homeland Security, of the Depart- 9 ment of Defense, and of the Federal Bureau of In- 10 Secretary of State shall use vestigation to track individuals who are— 11 (A)(i) known or suspected terrorists; or 12 (ii) identified as a potential threat to na- 13 tional security; and 14 15 (B) using an alias while traveling. (3) REPORT ON BIOMETRIC INFORMATION 16 SHARING WITH MEXICO AND OTHER COUNTRIES FOR 17 IDENTITY VERIFICATION.—Not 18 after the date of the enactment of this Act, the Sec- 19 retary of Homeland Security and the Secretary of 20 State shall submit a joint report on the status of ef- 21 forts to engage with the Government of Mexico and 22 the governments of other appropriate foreign coun- 23 tries located in Central America or South Amer- 24 ican— later than 180 days MDM17980 S.L.C. 154 1 (A) to discuss coordination on biometric 2 information sharing between the United States 3 and such countries; and 4 (B) to enter into bilateral agreements that 5 provide for the sharing of such biometric infor- 6 mation with the Department of State, the De- 7 partment of Defense, the Department of Jus- 8 tice, the Federal Bureau of Investigation, and 9 the Department of Homeland Security to use in 10 identifying individuals who are known or sus- 11 pected terrorists or potential threats to national 12 security and verifying entry and exit of individ- 13 uals to and from the United States. 14 (c) CONSTRUCTION.—The collection of biometric in- 15 formation under paragraph (1) shall not limit the Sec16 retary of Homeland Security’s authority to collect biomet17 ric information from any individual arriving to or depart18 ing from the United States. 19 20 21 SEC. 306. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING. (a) IN GENERAL.—The Secretary of Homeland Secu- 22 rity shall establish a pilot program in at least 5 of the 23 10 U.S. Immigration and Customs Enforcement field of24 fices or regions with the largest removal caseloads to allow 25 U.S. Immigration and Customs Enforcement officers to MDM17980 S.L.C. 155 1 use handheld or vehicle-mounted computers to electroni2 cally— 3 4 5 6 (1) process and serve charging documents, including notices to appear, while in the field; (2) process and place detainers while in the field; 7 (3) collect biometric data for the purpose of 8 identifying an alien and establishing both immigra- 9 tion status and criminal history while in the field; 10 (4) enter any required data, including personal 11 information about the alien subject and the reason 12 for issuing the document; 13 14 (5) apply the electronic signature of the issuing ICE officer or agent; 15 (6) apply or capture the electronic signature of 16 the alien on any charging document or notice, in- 17 cluding any electronic signature captured to ac- 18 knowledge service of such documents or notices; 19 (7) set the date the alien is required to appear 20 before an immigration judge, in the case of notices 21 to appear; 22 (8) print any documents the alien subject may 23 be required to sign, along with additional copies of 24 documents to be served on the alien; and MDM17980 S.L.C. 156 1 (9) interface with the ENFORCE database so 2 that all data is collected, stored, and retrievable in 3 real-time. 4 (b) CONSTRUCTION.—The pilot program described in 5 subsection (a) shall be designed to replace, to the extent 6 possible, the current paperwork and data-entry process 7 used for issuing such charging documents and detainers. 8 (c) DEADLINE.—The Secretary shall initiate the pilot 9 program described in subsection (a) not later than 6 10 months after the date of the enactment of this Act. 11 (d) REPORT.—Not later than 18 months after the 12 date of the enactment of this Act, the Comptroller General 13 of the United States shall— 14 (1) submit a report to the Committee on Home- 15 land Security and Governmental Affairs of the Sen- 16 ate, the Committee on the Judiciary of the Senate, 17 the Committee on Homeland Security of the House 18 of Representatives, the Committee on the Judiciary 19 of the House of Representatives on the results of the 20 pilot program; and 21 (2) provide recommendations to such commit- 22 tees for implementing use of such technology nation- 23 wide. MDM17980 S.L.C. 157 1 2 SEC. 307. ENDING ABUSE OF PAROLE AUTHORITY. Section 212(d)(5) of the Immigration and Nationality 3 Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 4 5 ‘‘(5) PAROLE AUTHORITY.— ‘‘(A) IN GENERAL.—Except as provided in sub- 6 paragraph (C) or section 214(f), the Secretary of 7 Homeland Security, in the Secretary’s discretion, 8 may parole into the United States temporarily, 9 under such conditions as the Secretary may pre- 10 scribe, including requiring the posting of a bond, 11 and only on a case-by-case basis for urgent humani- 12 tarian reasons or significant public benefit, any alien 13 applying for admission to the United States. 14 ‘‘(B) PAROLE NOT AN ADMISSION.—In accord- 15 ance with section 101(a)(13)(B), parole of an alien 16 under subparagraph (A) shall not be regarded as an 17 admission of the alien to the United States. 18 19 20 ‘‘(C) PROHIBITED USES OF PAROLE AUTHOR- ITY.— ‘‘(i) IN GENERAL.—The Secretary may not 21 use the authority under subparagraph (A) to 22 parole in generalized categories of aliens or 23 classes of aliens based solely on nationality, 24 presence, or residence in the United States, 25 family relationships, or any other criteria that MDM17980 S.L.C. 158 1 would cover a broad group of foreign nationals 2 either inside or outside of the United States. 3 ‘‘(ii) ALIENS WHO ARE NATIONAL SECU- 4 RITY OR PUBLIC SAFETY THREATS.— 5 ‘‘(I) PROHIBITION ON PAROLE.—The 6 Secretary of Homeland Security shall not 7 parole in any alien who the Secretary, in 8 the Secretary’s sole and unreviewable dis- 9 cretion, determines is a threat to national 10 security or public safety, except in extreme 11 exigent circumstances. 12 ‘‘(II) EXTREME EXIGENT CIR- 13 CUMSTANCES DEFINED.—In 14 the term ‘extreme exigent circumstances’ 15 means circumstances under which— subclause (I), 16 ‘‘(aa) the failure to parole the 17 alien would result in the immediate 18 significant risk of loss of life or bodily 19 function due to a medical emergency; 20 ‘‘(bb) the failure to parole the 21 alien would conflict with medical ad- 22 vice as to the health or safety of the 23 individual, detention facility staff, or 24 other detainees; or MDM17980 S.L.C. 159 1 ‘‘(cc) there is an urgent need for 2 the alien’s presence for a law enforce- 3 ment purpose, including for a prosecu- 4 tion or securing the alien’s presence 5 to appear as a material witness, or a 6 national security purpose. 7 ‘‘(D) TERMINATION OF PAROLE.—The Sec- 8 retary of Homeland Security shall determine when 9 the purpose of parole of an alien has been served 10 and, upon such determination— 11 ‘‘(i) the alien’s case shall continue to be 12 dealt with in the same manner as that of any 13 other applicant for admission to the United 14 States; and 15 ‘‘(ii) if the alien was previously detained, 16 the alien shall be returned to the custody from 17 which the alien was paroled. 18 ‘‘(E) LIMITATIONS 19 20 ON USE OF ADVANCE PA- ROLE.— ‘‘(i) ADVANCE PAROLE DEFINED.—In this 21 subparagraph, the term ‘advance parole’ means 22 advance approval for an alien applying for ad- 23 mission to the United States to request at a 24 port of entry in the United States, a pre-inspec- 25 tion station, or a designated field office of the MDM17980 S.L.C. 160 1 Department of Homeland Security, to be pa- 2 roled into the United States under subpara- 3 graph (A). 4 ‘‘(ii) APPROVAL AND REVOCATION OF AD- 5 VANCE PAROLE.—The 6 Security may, in the Secretary’s discretion, 7 grant an application for advance parole. Ap- 8 proval of an application for advance parole shall 9 not constitute a grant of parole under subpara- 10 graph (A). A grant of parole into the United 11 States based on an approved application for ad- 12 vance parole shall not be considered a parole for 13 purposes of qualifying for adjustment of status 14 to lawful permanent resident status in the 15 United States under section 245 or 245A. 16 ‘‘(iii) Secretary of Homeland REVOCATION OF ADVANCE PA- 17 ROLE.—The 18 discretion, revoke a grant of advance parole to 19 an alien at any time, regardless of whether the 20 alien is inside or outside the United States. 21 Such revocation shall not be subject to adminis- 22 trative appeal or judicial review.’’. 23 24 Secretary may, in the Secretary’s SEC. 308. STOP DANGEROUS SANCTUARY CITIES ACT. (a) SHORT TITLE.—This section may be cited as the 25 ‘‘Stop Dangerous Sanctuary Cities Act’’. MDM17980 S.L.C. 161 1 2 (b) ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS MAY COOPERATE TO SAFEGUARD 3 OUR COMMUNITIES.— 4 (1) AUTHORITY TO COOPERATE WITH FEDERAL 5 OFFICIALS.—A 6 State, or an officer, employee, or agent of such State 7 or political subdivision that complies with a detainer 8 issued by the Department under sections 236, 241, 9 or section 287 of the Immigration and Nationality 10 11 12 State, a political subdivision of a Act (8 U.S.C. 1226, 1231, or 1357)— (A) shall be deemed to be acting as an agent of the Department; and 13 (B) with regard to actions taken to comply 14 with the detainer, shall have all authority avail- 15 able to officers and employees of the Depart- 16 ment. 17 (2) LEGAL PROCEEDINGS.—In any legal pro- 18 ceeding brought against a State, a political subdivi- 19 sion of State, or an officer, employee, or agent of 20 such State or political subdivision, which challenges 21 the legality of the seizure or detention of an indi- 22 vidual pursuant to a detainer issued by the Depart- 23 ment under section 236 or 287 of the Immigration 24 and Nationality Act (8 U.S.C. 1226, 1357)— MDM17980 S.L.C. 162 1 (A) no liability for false arrest or imprison- 2 ment shall lie against the State or political sub- 3 division of a State for actions taken in compli- 4 ance with the detainer, which includes main- 5 taining custody of the alien in accordance with 6 the instructions on the detainer form and noti- 7 fying the Department prior to the alien’s re- 8 lease from custody; and 9 (B) if the actions of the officer, employee, 10 or agent of the State or political subdivision 11 were taken in compliance with the detainer— 12 13 (i) the officer, employee, or agent shall be deemed— 14 (I) to be an employee of the Fed- 15 eral Government and an investigative 16 or law enforcement officer; and 17 (II) to have been acting within 18 the scope of his or her employment 19 under section 1346(b) and chapter 20 171 of title 28, United States Code; 21 (ii) section 1346(b) of title 28, United 22 States Code, shall provide the exclusive 23 remedy for the plaintiff; and 24 25 (iii) the United States shall be substituted as defendant in the proceeding. MDM17980 S.L.C. 163 1 2 (c) SANCTUARY JURISDICTION DEFINED.— (1) IN GENERAL.—Except as provided under 3 subsection (2), for purposes of this section, the term 4 ‘‘sanctuary jurisdiction’’ means any State or political 5 subdivision of a State that has in effect a statute, 6 ordinance, policy, or practice that prohibits or re- 7 stricts any government entity or official from— 8 (A) sending, receiving, maintaining, or ex- 9 changing with any Federal, State, or local gov- 10 ernment entity information regarding the citi- 11 zenship or immigration status (lawful or unlaw- 12 ful) of any individual; or 13 (B) complying with a request lawfully 14 made by the Department under section 236 or 15 287 of the Immigration and Nationality Act (8 16 U.S.C. 1226, 1357) to comply with a detainer 17 for, or notify about the release of, an individual. 18 (2) EXCEPTION.—A State or political subdivi- 19 sion of a State shall not be deemed a sanctuary ju- 20 risdiction based solely on its having a policy whereby 21 its officials will not share information regarding, or 22 comply with a request made by the Department 23 under section 236 or 287 of the Immigration and 24 Nationality Act (8 U.S.C. 1226, 1357) to comply 25 with a detainer regarding, an individual who comes MDM17980 S.L.C. 164 1 forward as a victim or a witness to a criminal of- 2 fense. 3 (d) SANCTUARY JURISDICTIONS INELIGIBLE FOR 4 CERTAIN FEDERAL FUNDS.— 5 6 7 (1) ECONOMIC DEVELOPMENT ADMINISTRATION GRANTS.— (A) GRANTS FOR PUBLIC WORKS AND ECO- 8 NOMIC DEVELOPMENT.—Section 9 Public Works and Economic Development Act 10 of 1965 (42 U.S.C. 3141(b)) is amended— 11 12 201(b) of the (i) in paragraph (2), by striking ‘‘and’’ at the end; 13 (ii) in paragraph (3), by striking the 14 period at the end and inserting ‘‘; and’’; 15 and 16 17 (iii) by adding at the end the following: 18 ‘‘(4) the area in which the project is to be car- 19 ried out is not a sanctuary jurisdiction (as defined 20 in subsection (c) of the Stop Dangerous Sanctuary 21 Cities Act).’’. 22 (B) GRANTS FOR PLANNING AND ADMINIS- 23 TRATIVE 24 Public Works and Economic Development Act 25 of 1965 (42 U.S.C. 3143(a)) is amended by EXPENSES.—Section 203(a) of the MDM17980 S.L.C. 165 1 adding at the end the following: ‘‘A sanctuary 2 jurisdiction (as defined in subsection (c) of the 3 Stop Dangerous Sanctuary Cities Act) may not 4 be deemed an eligible recipient under this sub- 5 section.’’. 6 (C) SUPPLEMENTARY GRANTS.—Section 7 205(a) of the Public Works and Economic De- 8 velopment Act of 1965 (42 U.S.C. 3145(a)) is 9 amended— 10 (i) in paragraph (2), by striking 11 ‘‘and’’ at the end; 12 (ii) in paragraph (3)(B), by striking 13 the period at the end and inserting ‘‘; 14 and’’; and 15 (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(4) will be carried out in an area that does not 18 contain a sanctuary jurisdiction (as defined in sub- 19 section (c) of the Stop Dangerous Sanctuary Cities 20 Act).’’. 21 (D) GRANTS FOR TRAINING, RESEARCH, 22 AND TECHNICAL ASSISTANCE.—Section 23 the Public Works and Economic Development 24 Act of 1965 (42 U.S.C. 3147) is amended by 25 adding at the end the following: 207 of MDM17980 S.L.C. 166 1 2 ‘‘(c) INELIGIBILITY TIONS.—Grant OF SANCTUARY JURISDIC- funds under this section may not be used 3 to provide assistance to a sanctuary jurisdiction (as de4 fined in subsection (c) of the Stop Dangerous Sanctuary 5 Cities Act).’’. 6 7 (2) COMMUNITY DEVELOPMENT BLOCK GRANTS.— 8 (A) DEFINITIONS.—Section 102(a) of the 9 Housing and Community Development Act of 10 1974 (42 U.S.C. 5302(a)) is amended by add- 11 ing at the end the following: 12 ‘‘(25) The term ‘sanctuary jurisdiction’ has the 13 meaning given that term in subsection (c) of the 14 Stop Dangerous Sanctuary Cities Act.’’. 15 16 (B) ELIGIBLE (i) IN GRANTEES.— GENERAL.—Section 104(b) of 17 the Housing and Community Development 18 Act of 1974 (42 U.S.C. 5304(b)) is 19 amended— 20 21 22 23 24 25 (I) in paragraph (5), by striking ‘‘and’’ at the end; (II) by redesignating paragraph (6) as paragraph (7); and (III) by inserting after paragraph (5) the following: MDM17980 S.L.C. 167 1 ‘‘(6) the grantee is not a sanctuary jurisdiction 2 and will not become a sanctuary jurisdiction during 3 the period for which the grantee receives a grant 4 under this title; and’’. 5 (ii) PROTECTION OF INDIVIDUALS 6 AGAINST 7 Housing and Community Development Act 8 of 1974 (42 U.S.C. 5304) is amended by 9 adding at the end the following: 10 ‘‘(n) CRIME.—Section PROTECTION OF 104 INDIVIDUALS of the AGAINST 11 CRIME.— 12 ‘‘(1) IN GENERAL.—No funds authorized to be 13 appropriated to carry out this title may be obligated 14 or expended for any State or unit of general local 15 government that is a sanctuary jurisdiction. 16 ‘‘(2) RETURNED AMOUNTS.— 17 ‘‘(A) STATE.—If a State is a sanctuary ju- 18 risdiction during the period for which it receives 19 amounts under this title, the Secretary— 20 ‘‘(i) shall direct the State to imme- 21 diately return to the Secretary any such 22 amounts that the State received for that 23 period; and 24 ‘‘(ii) shall reallocate amounts returned 25 under clause (i) for grants under this title MDM17980 S.L.C. 168 1 to other States that are not sanctuary ju- 2 risdictions. 3 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN- 4 MENT.—If 5 a sanctuary jurisdiction during the period for 6 which it receives amounts under this title, any 7 such amounts that the unit of general local gov- 8 ernment received for that period— a unit of general local government is 9 ‘‘(i) in the case of a unit of general 10 local government that is not in a non- 11 entitlement area, shall be returned to the 12 Secretary for grants under this title to 13 States and other units of general local gov- 14 ernment that are not sanctuary jurisdic- 15 tions; and 16 ‘‘(ii) in the case of a unit of general 17 local government that is in a nonentitle- 18 ment area, shall be returned to the Gov- 19 ernor of the State for grants under this 20 title to other units of general local govern- 21 ment in the State that are not sanctuary 22 jurisdictions. 23 ‘‘(C) REALLOCATION RULES.—In reallo- 24 cating amounts under subparagraphs (A) and 25 (B), the Secretary— MDM17980 S.L.C. 169 1 ‘‘(i) shall apply the relevant allocation 2 formula under subsection (b), with all 3 sanctuary jurisdictions excluded; and 4 ‘‘(ii) shall not be subject to the rules 5 6 for reallocation under subsection (c).’’. SEC. 309. REINSTATEMENT OF THE SECURE COMMUNITIES 7 PROGRAM. 8 (a) REINSTATEMENT.—The Secretary shall reinstate 9 and operate the Secure Communities program immigra10 tion enforcement program administered by U.S. Immigra11 tion and Customs Enforcement between 2008 and 2014. 12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 13 authorized to be appropriated $150,000,000 to carry out 14 this section. 15 SEC. 310. PREVENTION AND DETERRENCE OF FRAUD IN 16 OBTAINING RELIEF FROM REMOVAL. 17 18 (a) RESTRICTION OF ON WAIVER OF INADMISSIBILITY CRIMINAL GROUNDS WHEN QUALIFYING RELATIVES 19 BENEFITTED FROM FRAUD.—Section 212(h) of the Im20 migration and Nationality Act (8 U.S.C. 1182(h)) is 21 amended— 22 (1) in paragraph (1)— 23 (A) in subparagraph (A), by redesignating 24 clauses (i), (ii), and (iii) as subclauses (I), (II), 25 and (III); and MDM17980 S.L.C. 170 1 (B) by redesignating subparagraphs (A), 2 (B), and (C) as clauses (i), (ii), and (iii); 3 (2) by redesignating paragraphs (1) and (2) as 4 subparagraphs (A) and (B); 5 (3) by striking ‘‘The Attorney General may, in 6 his discretion’’ and inserting ‘‘(1) The Secretary of 7 Homeland Security may, in the Secretary’s discre- 8 tion’’; and 9 (4) in the undesignated matter following para- 10 graph (1)(B), as redesignated, by striking ‘‘No waiv- 11 er’’ and inserting the following: 12 ‘‘(2) No waiver shall be available under this sub- 13 section if a preponderance of the evidence shows that the 14 spouse, parent, son, or daughter procured, or sought to 15 procure, any immigration status under this title based on 16 fraud or material misrepresentation by the alien seeking 17 the waiver. No waiver’’. 18 19 (b) RESTRICTION OF ON WAIVER OF INADMISSIBILITY FRAUD GROUNDS WHEN QUALIFYING RELATIVES 20 BENEFITTED FROM FRAUD.—Section 212(i)(1) of the 21 Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 22 amended by adding at the end the following: ‘‘No waiver 23 shall be available under this subsection if a preponderance 24 of the evidence shows that the spouse, parent, son, or 25 daughter procured, or sought to procure, any immigration MDM17980 S.L.C. 171 1 status under this title based on fraud or material mis2 representation by the alien seeking the waiver.’’. 3 (c) RESTRICTION ON WAIVER OF DEPORTABILITY OF 4 FRAUD GROUNDS WHEN QUALIFYING RELATIVES BENE5 FITTED FROM FRAUD.—Section 237(a)(1)(H) of the Im- 6 migration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) 7 is amended— 8 9 (1) in clause (i), by redesignating subclauses (I) and (II) as items (aa) and (bb); 10 11 (2) by redesignating clauses (i) and (ii) as subclauses (I) and (II); 12 13 14 15 (3) by inserting ‘‘(i)’’ before ‘‘The provisions’’; and (4) by striking ‘‘A waiver’’ and inserting the following: 16 ‘‘(ii) No waiver shall be available under 17 this subparagraph if a preponderance of the evi- 18 dence shows that the spouse, parent, son, or 19 daughter procured, or sought to procure, any 20 immigration status under this title based on 21 fraud or material misrepresentation by the alien 22 seeking the waiver. A waiver’’. 23 (e) RESTRICTION ON CANCELLATION OF REMOVAL 24 WHEN QUALIFYING RELATIVES BENEFITTED FROM MDM17980 S.L.C. 172 1 FRAUD.—Section 240A(b)(1) of the Immigration and Na2 tionality Act (8 U.S.C. 1229b(b)(1)) is amended— 3 (1) in paragraph (1), by redesignating subpara- 4 graphs (A) through (D) as clauses (i) through (iv), 5 respectively; 6 7 (2) by inserting ‘‘(A)’’ before ‘‘The Attorney General’’; and 8 (3) by adding at the end the following: 9 ‘‘(B) No cancellation shall be available under 10 this paragraph if a preponderance of the evidence 11 shows that the spouse, parent, son, or daughter pro- 12 cured, or sought to procure, any immigration status 13 under this title based on fraud or material misrepre- 14 sentation by the alien seeking the waiver.’’. 15 (e) APPLICABILITY.—The amendments made by this 16 section shall apply to all applications for waivers or can17 cellation of removal submitted before, on, or after the date 18 of enactment of this Act. 21 Subtitle B—Protecting Children and America’s Homeland Act of 2017 22 SEC. 320. SHORT TITLE. 19 20 23 This subtitle may be cited as the ‘‘Protecting Chil- 24 dren and America’s Homeland Act of 2017’’. MDM17980 S.L.C. 173 1 2 3 SEC. 321. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN. Section 235(a) of the William Wilberforce Trafficking 4 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 5 1232(a)) is amended— 6 7 (1) in paragraph (2)— (A) by striking the paragraph heading and 8 inserting ‘‘RULES 9 CHILDREN.—’’; FOR UNACCOMPANIED ALIEN 10 (B) in subparagraph (A), in the matter 11 preceding clause (i), by striking ‘‘who is a na- 12 tional or habitual resident of a country that is 13 contiguous with the United States shall be 14 treated in accordance with subparagraph (B)’’ 15 and inserting ‘‘shall be treated in accordance 16 with subparagraph (B) of this paragraph or 17 subsection (b), as appropriate’’; and 18 (C) in subparagraph (C)— 19 (i) by striking the subparagraph head- 20 ing and inserting ‘‘AGREEMENTS 21 FOREIGN COUNTRIES.—’’; WITH and 22 (ii) in the matter preceding clause (i), 23 by striking ‘‘countries contiguous to the 24 United States’’ and inserting ‘‘Canada, El 25 Salvador, Guatemala, Honduras, Mexico, MDM17980 S.L.C. 174 1 and any other foreign country that the 2 Secretary determines appropriate’’; 3 4 (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; 5 (3) inserting after paragraph (2) the following: 6 ‘‘(3) MANDATORY EXPEDITED REMOVAL OF 7 CRIMINALS AND GANG MEMBERS.—Notwithstanding 8 any other provision of law, including section 235(a) 9 of the William Wilberforce Trafficking Protection 10 Reauthorization Act of 2008 (8 U.S.C. 1232(a)), the 11 Secretary of Homeland Security shall place an unac- 12 companied alien child in a proceeding in accordance 13 with section 235 of the Immigration and Nationality 14 Act (8 U.S.C. 1225) if, the Secretary determines or 15 has reason to believe the alien— 16 ‘‘(A) has been convicted of, or found to be 17 a juvenile offender based on, any offense car- 18 rying a maximum term of imprisonment of 19 more than 180 days; 20 ‘‘(B) has been convicted of, or found to be 21 a juvenile offender based on, an offense which 22 involved— 23 ‘‘(i) the use or attempted use of phys- 24 ical force, or threatened use of a deadly 25 weapon; MDM17980 S.L.C. 175 1 ‘‘(ii) the purchase, sell, offering for 2 sale, exchange, use, owning, possession, or 3 carrying, or of attempting or conspiring to 4 purchase, sell, offer for sale, exchange, use, 5 own, possess, or carry, any weapon, part, 6 or accessory which is a firearm or destruc- 7 tive device (as defined in section 921(a) of 8 title 18, United States Code) in violation 9 of any law; 10 ‘‘(iii) child abuse and neglect (as de- 11 fined in section 40002(a)(3) of the Vio- 12 lence Against Women Act of 1994 (42 13 U.S.C. 13925(a)(3)); 14 ‘‘(iv) assault resulting in bodily injury 15 (as defined in section 2266 of title 18, 16 United States Code); 17 ‘‘(v) the violation of a protection order 18 (as defined in section 2266 of title 18, 19 United States Code); 20 ‘‘(vi) driving while intoxicated or driv- 21 ing under the influence (as those terms are 22 defined in section 164 of title 23, United 23 States Code); or 24 ‘‘(vii) any offense under foreign law, 25 except for a purely political offense, which, MDM17980 S.L.C. 176 1 if the offense had been committed in the 2 United States, would render the alien inad- 3 missible under section 212(a) of the Immi- 4 gration and Nationality Act (8 U.S.C. 5 1182(a)); 6 ‘‘(C) has been convicted of, or found to be 7 a juvenile offender based on, more than 1 crimi- 8 nal offense (other than minor traffic offenses); 9 ‘‘(D) has been convicted of, or found to be 10 a juvenile offender based on a crime of violence 11 or an offense under Federal, State, or Tribal 12 law, that has, as an element, the use or at- 13 tempted use of physical force or the threatened 14 use of physical force or a deadly weapon; 15 ‘‘(E) has engaged in, is engaged in, or is 16 likely to engage after entry, in any terrorist ac- 17 tivity (as defined in section 212(a)(3)(B)(iii) of 18 the Immigration and Nationality Act (8 U.S.C. 19 1182(a)(3)(B)(iii)), or intends to participate or 20 has participated in the activities of a foreign 21 terrorist organization (as designated under sec- 22 tion 219 of the Immigration and Nationality 23 Act (8 U.S.C. 1189)); 24 ‘‘(F) has engaged in, is engaged in, or any 25 time after a prior admission engages in activity MDM17980 S.L.C. 177 1 described in section 237(a)(4) of the Immigra- 2 tion and Nationality Act (8 U.S.C. 1227(a)(4)); 3 ‘‘(G) is or was a member of a criminal 4 gang (as defined in paragraph (53) of section 5 101(a) of the Immigration and Nationality Act 6 (8 U.S.C. 1101(a)(53)); 7 ‘‘(H) provided materially false, fictitious, 8 or fraudulent information regarding age or 9 identity to the United States Government with 10 the intent to be inaccurately classified as an un- 11 accompanied alien child; or 12 ‘‘(I) has entered the United States more 13 than 1 time in violation of section 275(a) of the 14 Immigration and Nationality Act (8 U.S.C. 15 1325(a)), knowing that the entry was unlawful. 16 ‘‘(J) has entered the United States more 17 than 1 time in violation of section 275(a) of the 18 Immigration and Nationality Act (8 U.S.C. 19 1325(a)), knowing that the entry was unlaw- 20 ful.’’; 21 (4) in paragraph (4), as redesignated— 22 23 (A) by striking ‘‘not described in paragraph (2)(A)’’; and 24 (B) by inserting ‘‘who choose not to with- 25 draw their application for admission and return MDM17980 S.L.C. 178 1 to their country of nationality or country of last 2 habitual residence’’ after ‘‘port of entry’’; 3 (5) in paragraph (6)(D), as redesignated— 4 (A) by striking the subparagraph heading 5 and inserting ‘‘EXPEDITED 6 SCREENING FOR UNACCOMPANIED ALIEN CHIL- 7 DREN.—’’; DUE PROCESS AND 8 (B) in the matter preceding clause (i), by 9 striking ‘‘, except for an unaccompanied alien 10 child from a contiguous country subject to the 11 exceptions under subsection (a)(2), shall be—’’ 12 and inserting ‘‘who meets the criteria listed in 13 paragraph (2)(A) and who chooses not to with- 14 draw his or her application for admission and 15 return to the unaccompanied alien child’s coun- 16 try of nationality or country of last habitual 17 residence 18 235B(c)(5) of the Immigration and Nationality 19 Act (8 U.S.C. 1225b(c)(5))—’’; 20 21 as permitted under section (C) by striking clause (i) and inserting the following: 22 ‘‘(i) shall be placed in a proceeding in 23 accordance with section 235B of the Immi- 24 gration and Nationality Act (8 U.S.C. 25 1225b), which shall commence not later MDM17980 S.L.C. 179 1 than 7 days after the screening of an unac- 2 companied alien child described in para- 3 graph (5);’’; 4 (D) by redesignating clauses (ii) and (iii) 5 6 7 as clauses (iii) and (iv), respectively; (E) by inserting after clause (i) the following: 8 ‘‘(ii) may not be placed in the custody 9 of a nongovernmental sponsor or otherwise 10 released from the immediate custody of the 11 United States Government until the child 12 is repatriated unless the child— 13 ‘‘(I) is the subject of an order 14 under section 235B(e)(1) of the Im- 15 migration and Nationality Act (8 16 U.S.C. 1225b(e)(1)); and 17 ‘‘(II) is placed or released in ac- 18 cordance with subsection (c)(2)(C) of 19 this section.’’; 20 21 22 23 (F) in clause (iii), as redesignated, by inserting ‘‘is’’ before ‘‘eligible’’; and (G) in clause (iv), as redesignated, by inserting ‘‘shall be’’ before ‘‘provided’’. MDM17980 S.L.C. 180 1 SEC. 322. EXPEDITED DUE PROCESS AND SCREENING FOR 2 3 UNACCOMPANIED ALIEN CHILDREN. (a) HUMANE AND EXPEDITED INSPECTION AND 4 SCREENING FOR UNACCOMPANIED ALIEN CHILDREN.— 5 (1) IN GENERAL.—Chapter 4 of title II of the 6 Immigration and Nationality Act (8 U.S.C. 1221 et 7 seq.) is amended by inserting after section 235A the 8 following: 9 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 10 SCREENING 11 CHILDREN. 12 FOR UNACCOMPANIED ALIEN ‘‘(a) ASYLUM OFFICER DEFINED.—In this section, 13 the term ‘asylum officer’ means an immigration officer 14 who— 15 ‘‘(1) has had professional training in country 16 conditions, asylum law, and interview techniques 17 comparable to that provided to full-time adjudicators 18 of applications under section 208; and 19 20 21 22 23 24 25 26 ‘‘(2) is supervised by an officer who— ‘‘(A) meets the condition described in paragraph (1); and ‘‘(B) has had substantial experience adjudicating applications under section 208. ‘‘(b) PROCEEDING.— ‘‘(1) IN GENERAL.—Not later than 7 days after the screening of an unaccompanied alien child under MDM17980 S.L.C. 181 1 section 235(a)(5) of the William Wilberforce Traf- 2 ficking Victims Protection Reauthorization Act of 3 2008 (8 U.S.C. 1232(a)(5)), an immigration judge 4 shall— 5 ‘‘(A) conduct and conclude a proceeding to 6 inspect, screen, and determine the status of the 7 unaccompanied alien child who is an applicant 8 for admission to the United States; and 9 ‘‘(B) in the case of an unaccompanied 10 alien child seeking asylum, conduct fact finding 11 to determine whether the unaccompanied alien 12 child meets the definition of an unaccompanied 13 alien child under section 235(g) of the William 14 Wilberforce Trafficking Victims Protection Re- 15 authorization Act of 2008 (8 U.S.C. 1232(g)). 16 ‘‘(2) TIME LIMIT.—Not later than 72 hours 17 after the conclusion of a proceeding with respect to 18 an unaccompanied alien child under this section, the 19 immigration judge who conducted such proceeding 20 shall issue an order pursuant to subsection (e). 21 ‘‘(c) CONDUCT OF PROCEEDING.— 22 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— 23 The immigration judge conducting a proceeding 24 under this section— MDM17980 S.L.C. 182 1 ‘‘(A) shall administer oaths, receive evi- 2 dence, and interrogate, examine, and cross-ex- 3 amine the unaccompanied alien child and any 4 witnesses; 5 ‘‘(B) is authorized to sanction by civil 6 money penalty any action (or inaction) in con- 7 tempt of the judge’s proper exercise of author- 8 ity under this Act; and 9 ‘‘(C) shall determine whether the unaccom- 10 panied alien child meets any of the criteria set 11 out in subparagraphs (A) through (I) of para- 12 graph (3) of section 235(a) of the William Wil- 13 berforce Trafficking Victims Protection Reau- 14 thorization Act of 2008 (8 U.S.C. 1232(a)), 15 and if so, order the alien removed under sub- 16 section (e)(2) of this section. 17 ‘‘(2) FORM OF PROCEEDING.—A proceeding 18 under this section may take place— 19 ‘‘(A) in person; 20 ‘‘(B) at a location agreed to by the parties, 21 in the absence of the unaccompanied alien child; 22 ‘‘(C) through video conference; or 23 ‘‘(D) through telephone conference. 24 25 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti- cable by reason of the mental incompetency of the MDM17980 S.L.C. 183 1 unaccompanied alien child for the alien to be present 2 at the proceeding, the Attorney General shall pre- 3 scribe safeguards to protect the rights and privileges 4 of the alien. 5 6 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding under this section— 7 ‘‘(A) the unaccompanied alien child shall 8 be provided access to counsel in accordance 9 with section 235(c)(5) of the William Wilber- 10 force Trafficking Victims Protection Reauthor- 11 ization Act of 2008 (8 U.S.C. 1232(c)(5)); 12 13 14 15 16 17 18 ‘‘(B) the alien shall be given a reasonable opportunity— ‘‘(i) to examine the evidence against the alien; ‘‘(ii) to present evidence on the alien’s own behalf; and ‘‘(iii) to cross-examine witnesses pre- 19 sented by the Government; 20 ‘‘(C) the rights set forth in subparagraph 21 (B) shall not entitle the alien— 22 ‘‘(i) to examine such national security 23 information as the Government may prof- 24 fer in opposition to the alien’s admission to 25 the United States; or MDM17980 S.L.C. 184 1 ‘‘(ii) to an application by the alien for 2 discretionary relief under this Act; and 3 ‘‘(D) a complete record shall be kept of all 4 testimony and evidence produced at the pro- 5 ceeding. 6 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD- 7 MISSION.—An 8 for admission to the United States may, and at any 9 time prior to the issuance of a final order of re- 10 moval, be permitted to withdraw the application and 11 immediately be returned to the alien’s country of na- 12 tionality or country of last habitual residence. 13 unaccompanied alien child applying ‘‘(6) CONSEQUENCES OF FAILURE TO AP- 14 PEAR.—An 15 attend a proceeding under this section, shall be or- 16 dered 17 cumstances where the alien’s absence is the fault of 18 the Government, a medical emergency, or an act of 19 nature. 20 ‘‘(d) DECISION AND BURDEN OF PROOF.— unaccompanied alien child who does not removed, except 21 ‘‘(1) DECISION.— 22 ‘‘(A) IN under GENERAL.—At exceptional cir- the conclusion of a 23 proceeding under this section, the immigration 24 judge, notwithstanding section 235(b), shall de- MDM17980 S.L.C. 185 1 termine whether an unaccompanied alien child 2 is likely to be— 3 4 5 ‘‘(i) admissible to the United States; or ‘‘(ii) eligible for any form of relief 6 from removal under this Act. 7 ‘‘(B) EVIDENCE.—The determination of 8 the immigration judge under subparagraph (A) 9 shall be based only on the evidence produced at 10 the hearing. 11 ‘‘(2) BURDEN 12 ‘‘(A) IN OF PROOF.— GENERAL.—In a proceeding under 13 this section, an unaccompanied alien child who 14 is an applicant for admission has the burden of 15 establishing, by clear and convincing evidence, 16 that the alien— 17 ‘‘(i) is likely to be entitled to be law- 18 fully admitted to the United States or eli- 19 gible for any form of relief from removal 20 under this Act; or 21 ‘‘(ii) is lawfully present in the United 22 States pursuant to a prior admission. 23 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting 24 the burden of proof under subparagraph (A)(ii), 25 the alien shall be given access to— MDM17980 S.L.C. 186 1 ‘‘(i) the alien’s visa or other entry 2 document, if any; and 3 ‘‘(ii) any other records and docu- 4 ments, not considered by the Attorney 5 General to be confidential, pertaining to 6 the alien’s admission or presence in the 7 United States. 8 9 ‘‘(e) ORDERS.— ‘‘(1) PLACEMENT IN FURTHER PRO- 10 CEEDINGS.—If 11 that the unaccompanied alien child has met the bur- 12 den of proof under subsection (d)(2), the immigra- 13 tion judge shall— an immigration judge determines 14 ‘‘(A) order the alien to be placed in further 15 proceedings in accordance with section 240; and 16 ‘‘(B) order the Secretary of Homeland Se- 17 curity to place the alien on the U.S. Immigra- 18 tion and Customs Enforcement detained docket 19 for purposes of carrying out such proceedings. 20 ‘‘(2) ORDERS OF REMOVAL.—If an immigration 21 judge determines that the unaccompanied alien child 22 has not met the burden of proof required under sub- 23 section (d)(2), the judge shall order the alien re- 24 moved from the United States without further hear- 25 ing or review unless the alien claims— MDM17980 S.L.C. 187 1 2 ‘‘(A) an intention to apply for asylum under section 208; 3 ‘‘(B) a fear of persecution; or 4 ‘‘(C) a fear of torture. 5 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom- 6 panied alien child described in paragraph (2) claims 7 an intention to apply for asylum under section 208 8 or a fear of persecution, or fear of torture, the immi- 9 gration judge shall order the alien referred for an 10 interview by an asylum officer under subsection (f). 11 ‘‘(f) ASYLUM INTERVIEWS.— 12 ‘‘(1) CREDIBLE FEAR OF PERSECUTION DE- 13 FINED.—In 14 of persecution’ means, after taking into account the 15 credibility of the statements made by an unaccom- 16 panied alien child in support of the alien’s claim and 17 such other facts as are known to the asylum officer, 18 there is a significant possibility that the alien could 19 establish eligibility for asylum under section 208 or 20 for protection from removal based on Article 3 of the 21 Convention Against Torture and Other Cruel, Inhu- 22 man or Degrading Treatment or Punishment. 23 24 this subsection, the term ‘credible fear ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy- lum officer shall conduct the interviews of an unac- MDM17980 S.L.C. 188 1 companied alien child referred under subsection 2 (e)(3). 3 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 4 asylum officer determines at the time of the inter- 5 view that an unaccompanied alien child has a cred- 6 ible fear of persecution or torture, the alien shall be 7 held in the custody of the Secretary for Health and 8 Human Services pursuant to section 235(b) of the 9 William Wilberforce Trafficking Victims Protection 10 Reauthorization Act of 2008 (8 U.S.C. 1232(b)) 11 during further consideration of the application for 12 asylum. 13 ‘‘(4) REMOVAL 14 NO 15 TURE.— 16 CREDIBLE WITHOUT FURTHER REVIEW IF FEAR ‘‘(A) IN OF PERSECUTION GENERAL.—Subject OR TOR- to subpara- 17 graph (C), if the asylum officer determines that 18 an unaccompanied alien child does not have a 19 credible fear of persecution or torture, the Sec- 20 retary shall order the alien removed from the 21 United States without further hearing or re- 22 view. 23 24 ‘‘(B) RECORD OF DETERMINATION.—The asylum officer shall prepare a written record of MDM17980 S.L.C. 189 1 a determination under subparagraph (A), which 2 shall include— 3 4 5 6 ‘‘(i) a summary of the material facts as stated by the alien; ‘‘(ii) such additional facts (if any) relied upon by the asylum officer; 7 ‘‘(iii) the asylum officer’s analysis of 8 why, in light of such facts, the alien has 9 not established a credible fear of persecu- 10 11 tion; and ‘‘(iv) a copy of the asylum officer’s 12 interview notes. 13 ‘‘(C) REVIEW 14 ‘‘(i) OF DETERMINATION.— RULEMAKING.—The Attorney 15 General shall establish, by regulation, a 16 process by which an immigration judge will 17 conduct a prompt review, upon the alien’s 18 request, of a determination under subpara- 19 graph (A) that the alien does not have a 20 credible fear of persecution. 21 22 ‘‘(ii) MANDATORY COMPONENTS.— The review described in clause (i)— 23 ‘‘(I) shall include an opportunity 24 for the alien to be heard and ques- 25 tioned by the immigration judge, ei- MDM17980 S.L.C. 190 1 ther in person or by telephonic or 2 video connection; and 3 ‘‘(II) shall be concluded as expe- 4 ditiously as possible, to the maximum 5 extent practicable within 24 hours, 6 but in no case later than 7 days after 7 the date of the determination under 8 subparagraph (A). 9 ‘‘(D) MANDATORY PROTECTIVE CUS- 10 TODY.—Any 11 under this paragraph shall be held in the cus- 12 tody of the Secretary of Health and Human 13 Services pursuant to section 235(b) of the Wil- 14 liam Wilberforce Trafficking Victims Protection 15 Reauthorization 16 1232(b))— alien subject to the procedures Act of 2008 (8 U.S.C. 17 ‘‘(i) pending a final determination of 18 an application for asylum under this sub- 19 section; and 20 ‘‘(ii) after a determination under this 21 subsection that the alien does not have a 22 credible fear of persecution or torture, 23 until the alien is removed. 24 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— MDM17980 S.L.C. 191 1 ‘‘(1) IN GENERAL.—Except as provided in sub- 2 section (f)(4)(C) and paragraph (2), a removal order 3 entered in accordance with subsection (e)(2) or 4 (f)(4)(A) is not subject to administrative appeal. 5 ‘‘(2) RULEMAKING.—The Attorney General 6 shall establish, by regulation, a process for the 7 prompt review of an order under subsection (e)(2) 8 against an alien who claims under oath, or as per- 9 mitted under penalty of perjury under section 1746 10 of title 28, United States Code, after having been 11 warned of the penalties for falsely making such 12 claim under such conditions to have been— 13 14 15 16 17 18 ‘‘(A) lawfully admitted for permanent residence; ‘‘(B) admitted as a refugee under section 207; or ‘‘(C) granted asylum under section 208.’’. (2) CLERICAL AMENDMENT.—The table of con- 19 tents in the first section of the Immigration and Na- 20 tionality Act is amended by inserting after the item 21 relating to section 235A the following: ‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.’’. 22 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 23 Section 242 of the Immigration and Nationality Act (8 24 U.S.C. 1252) is amended— MDM17980 S.L.C. 192 1 (1) in subsection (a)— 2 (A) in paragraph (1), by striking ‘‘section 3 235(b)(1))’’ and inserting ‘‘section 235(b)(1) or 4 an order of removal issued to an unaccom- 5 panied alien child after proceedings under sec- 6 tion 235B)’’; and 7 (B) in paragraph (2)— 8 (i) by inserting ‘‘or section 235B’’ 9 after ‘‘section 235(b)(1)’’ each place that 10 term appears; and 11 (ii) in subparagraph (A)— 12 (I) in the subparagraph heading, 13 by striking ‘‘235(b)(1).—’’ and insert- 14 ing ‘‘235(b)(1) AND 235B.—’’; and 15 (II) in clause (iii), by striking 16 ‘‘section 235(b)(1)(B),’’ and inserting 17 ‘‘section 235(b)(1)(B) or 235B(f);’’; 18 and 19 (2) in subsection (e)— 20 (A) in the subsection heading, striking 21 ‘‘235(b)(1).—’’ and inserting ‘‘235(b)(1) 22 235B.—’’; OR 23 (B) by inserting ‘‘or section 235B’’ after 24 ‘‘section 235(b)(1)’’ each place that term ap- 25 pears; MDM17980 S.L.C. 193 1 (C) in subparagraph (2)(C), by inserting 2 ‘‘or 3 235(b)(1)(C)’’; and 4 5 6 7 8 section 235B(g)’’ after ‘‘section (D) in subparagraph (3)(A), by inserting ‘‘or section 235B’’ after ‘‘section 235(b)’’. SEC. 323. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION SHARING. Section 235(b) of the William Wilberforce Trafficking 9 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 10 1232(b)) is amended by adding at the end the following: 11 12 ‘‘(5) INFORMATION SHARING.— ‘‘(A) IMMIGRATION STATUS.—If the Sec- 13 retary of Health and Human Services considers 14 placement of an unaccompanied alien child with 15 a potential sponsor, the Secretary of Homeland 16 Security shall provide to the Secretary of 17 Health and Human Services the immigration 18 status of such potential sponsor prior to the 19 placement of the unaccompanied alien child. 20 ‘‘(B) OTHER INFORMATION.—The Sec- 21 retary of Health and Human Services shall pro- 22 vide to the Secretary of Homeland Security and 23 the Attorney General upon request any relevant 24 information related to an unaccompanied alien 25 child who is or has been in the custody of the MDM17980 S.L.C. 194 1 Secretary of Health and Human Services, in- 2 cluding the location of the child and any person 3 to whom custody of the child has been trans- 4 ferred, for any legitimate law enforcement ob- 5 jective, including enforcement of the immigra- 6 tion laws.’’. 7 SEC. 324. ACCOUNTABILITY FOR CHILDREN AND TAX- 8 9 PAYERS. Section 235(b) of the William Wilberforce Trafficking 10 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 11 1232(b)), as amended by section 323, is further amended 12 by inserting at the end the following: 13 ‘‘(6) INSPECTION OF FACILITIES.—The Inspec- 14 tor General of the Department of Health and 15 Human Services shall conduct regular inspections of 16 facilities utilized by the Secretary of Health and 17 Human Services to provide care and custody of un- 18 accompanied alien children who are in the immediate 19 custody of the Secretary to ensure that such facili- 20 ties are operated in the most efficient manner prac- 21 ticable. 22 ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec- 23 retary of Health and Human Services shall ensure 24 that facilities utilized to provide care and custody of 25 unaccompanied alien children are operated efficiently MDM17980 S.L.C. 195 1 and at a rate of cost that is not greater than $500 2 per day for each child housed or detained at such fa- 3 cility, unless the Secretary certifies that compliance 4 with this requirement is temporarily impossible due 5 to emergency circumstances.’’. 6 7 8 9 SEC. 325. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL REMOVAL PROCEEDING. (a) CUSTODY DREN.—Section OF UNACCOMPANIED ALIEN CHIL- 235(c) of the William Wilberforce Traf- 10 ficking Victims Protection Reauthorization Act of 2008 (8 11 U.S.C. 1232(c)) is amended— 12 13 14 15 16 (1) in paragraph (2), by adding at the end the following: ‘‘(C) CHILDREN IN FORMAL REMOVAL PROCEEDINGS.— ‘‘(i) LIMITATION ON PLACEMENT.— 17 Notwithstanding any settlement or consent 18 decree previously issued before date of en- 19 actment of the Building America’s Trust 20 Act and section 236.3 of title 8, Code of 21 Federal Regulations, or similar successor 22 regulation, an unaccompanied alien child 23 who has been placed in a proceeding under 24 section 240 of the Immigration and Na- 25 tionality Act (8 U.S.C. 1229a) may not be MDM17980 S.L.C. 196 1 placed in the custody of a nongovernmental 2 sponsor or otherwise released from the im- 3 mediate custody of the United States Gov- 4 ernment unless— 5 ‘‘(I) the nongovernmental spon- 6 sor is a biological or adoptive parent 7 or legal guardian of the alien child; 8 ‘‘(II) the parent or legal guardian 9 is legally present in the United States 10 at the time of the placement; 11 ‘‘(III) the parent or legal guard- 12 ian has undergone a mandatory bio- 13 metric criminal history check; 14 ‘‘(IV) if the nongovernmental 15 sponsor is the biological parent, the 16 parent’s relationship to the alien child 17 has been verified through DNA test- 18 ing conducted by the Secretary of 19 Health and Human Services; 20 ‘‘(V) if the nongovernmental 21 sponsor is the adoptive parent, the 22 parent’s relationship to the alien child 23 has been verified with the judicial 24 court that issued the final legal adop- MDM17980 S.L.C. 197 1 tion decree by the Secretary of Health 2 and Human Services; and 3 ‘‘(VI) the Secretary of Health 4 and Human Services has determined 5 that the alien child is not a danger to 6 self, danger to the community, or risk 7 of flight. 8 ‘‘(ii) EXCEPTIONS.—If the Secretary 9 of Health and Human Services determines 10 that an unaccompanied alien child is a vic- 11 tim of severe forms of trafficking in per- 12 sons (as defined in section 103 of the 13 Trafficking Victims Protection Act of 2000 14 (22 U.S.C. 7102)), a special needs child 15 with a disability (as defined in section 3 of 16 the Americans with Disabilities Act of 17 1990 (42 U.S.C. 12102)), a child who has 18 been a victim of physical or sexual abuse 19 under circumstances that indicate that the 20 child’s health or welfare has been signifi- 21 cantly harmed or threatened, or a child 22 with mental health needs that require on- 23 going assistance from a social welfare 24 agency, the alien child may be placed with 25 a grandparent or adult sibling if the MDM17980 S.L.C. 198 1 grandparent or adult sibling meets the re- 2 quirements set out in subclauses (II), (III), 3 and (IV) of clause (i). 4 5 ‘‘(iii) MONITORING.— ‘‘(I) IN GENERAL.—In the case 6 of an alien child who is 17 years of 7 age or younger and is placed with a 8 nongovernmental sponsor under sub- 9 paragraph (2)(C), such nongovern- 10 mental sponsor shall— 11 ‘‘(aa) enroll in the alter- 12 native to detention program of 13 U.S. Immigration and Customs 14 Enforcement; and 15 ‘‘(bb) continuously wear an 16 electronic monitoring device while 17 the alien child is in removal pro- 18 ceedings. 19 ‘‘(II) PENALTY FOR MONITOR 20 TAMPERING.—If 21 toring device required by subclause (I) 22 is tampered with, the sponsor of the 23 alien child shall be subject to a civil 24 penalty of $150 for each day the mon- an electronic moni- MDM17980 S.L.C. 199 1 itor is not functioning due to the tam- 2 pering, up to a maximum of $3,000. 3 ‘‘(iv) EFFECT OF VIOLATION OF CON- 4 DITIONS.—The 5 Human Services shall remove an unaccom- 6 panied alien child from a sponsor if the 7 sponsor violates the terms of the agree- 8 ment specifying the conditions under which 9 the alien was placed with the sponsor. 10 11 Secretary of Health and ‘‘(v) FAILURE TO APPEAR.— ‘‘(I) CIVIL PENALTY.—If an un- 12 accompanied alien child is placed with 13 a sponsor and fails to appear in a 14 mandatory 15 sponsor shall be subject to a civil pen- 16 alty of $250 for each day until the 17 alien appears in court, up to a max- 18 imum of $5,000. 19 court ‘‘(II) BURDEN appearance, the OF PROOF.—The 20 sponsor is not subject to the penalty 21 imposed under subclause (I) if the 22 sponsor— 23 ‘‘(aa) appears in person and 24 proves to the immigration court 25 that the failure to appear by the MDM17980 S.L.C. 200 1 unaccompanied alien child was 2 not the fault of the sponsor; and 3 ‘‘(bb) supplies the immigra- 4 tion court with documentary evi- 5 dence that supports the assertion 6 described in item (aa). 7 ‘‘(vi) PROHIBITION ON PLACEMENT 8 WITH SEX OFFENDERS AND HUMAN TRAF- 9 FICKERS.—The Secretary of Health and 10 Human Services may not place an unac- 11 companied alien child under this subpara- 12 graph in the custody of an individual who 13 has been convicted of, or the Secretary has 14 reason to believe was otherwise involved in 15 the commission of— 16 ‘‘(I) a sex offense (as defined in 17 section 111 of the Sex Offender Reg- 18 istration and Notification Act (42 19 U.S.C. 16911)); 20 ‘‘(II) a crime involving severe 21 forms of trafficking in persons (as de- 22 fined in section 103 of the Trafficking 23 Victims Protection Act of 2000 (22 24 U.S.C. 7102)); or MDM17980 S.L.C. 201 1 ‘‘(III) an offense under Federal, 2 State, or Tribal law, that has, as an 3 element, the use or attempted use of 4 physical force or the threatened use of 5 physical force or a deadly weapon. 6 ‘‘(vii) REQUIREMENTS OF CRIMINAL 7 BACKGROUND CHECK.—A 8 nal history check required by clause 9 (i)(III) shall be conducted using a set of 10 fingerprints or other biometric identifier 11 through— 12 13 biometric crimi- ‘‘(I) the Federal Bureau of Investigation; 14 ‘‘(II) criminal history repositories 15 of all States that the individual lists 16 as current or former residences; and 17 ‘‘(III) any other State or Federal 18 database or repository that the Sec- 19 retary of Health and Human Services 20 determines is appropriate.’’. 21 (b) HOME STUDIES AND FOLLOW-UP SERVICES FOR 22 UNACCOMPANIED ALIEN CHILDREN.—Section 235(c) of 23 the William Wilberforce Trafficking Victims Protection 24 Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amend25 ed in paragraph (3) by— MDM17980 S.L.C. 202 1 (1) redesignating subparagraph (C) as (D); and 2 (2) by amending subparagraph (B) to read as 3 follows: 4 ‘‘(B) HOME 5 ‘‘(i) IN STUDIES.— GENERAL.—Before placing the 6 child with an individual, the Secretary of 7 Health and Human Services shall first de- 8 termine whether a home study is nec- 9 essary. 10 ‘‘(ii) REQUIRED HOME STUDIES.—A 11 home study shall be conducted for a 12 child— 13 ‘‘(I) who is a victim of a severe 14 form of trafficking in persons, a spe- 15 cial needs child with a disability (as 16 defined in section 12102 of title 42); 17 ‘‘(II) who has been a victim of 18 physical or sexual abuse under cir- 19 cumstances that indicate that the 20 child’s health or welfare has been sig- 21 nificantly harmed or threatened; or 22 ‘‘(III) whose proposed sponsor 23 clearly presents a risk of abuse, mal- 24 treatment, exploitation, or trafficking MDM17980 S.L.C. 203 1 to the child based on all available ob- 2 jective evidence. 3 ‘‘(C) FOLLOW-UP SERVICES 4 TIONAL HOME STUDIES.— 5 ‘‘(i) PENDENCY AND ADDI- OF REMOVAL PRO- 6 CEEDINGS.—Every 7 retary of Health and Human Services shall 8 conduct follow-up services for children for 9 whom a home study was conducted and 10 who were placed with a nongovernmental 11 sponsor until initial removal proceedings 12 have been completed and the immigration 13 judge has issued an order of removal, 14 granted voluntary departure under section 15 240B, or granted the alien relief from re- 16 moval. 17 ‘‘(ii) six months, the Sec- CHILDREN WITH MENTAL 18 HEALTH 19 months, for up to two years from the date 20 of placement with a nongovernmental 21 sponsor, he Secretary of Health and 22 Human Services shall conduct follow-up 23 services for children with mental health 24 needs or other needs that could benefit OR OTHER NEEDS.—Every six MDM17980 S.L.C. 204 1 from ongoing assistance from a social wel- 2 fare agency. 3 ‘‘(iii) CHILDREN AT RISK.—Every six 4 months, for up to two years from the date 5 of placement with a nongovernmental 6 sponsor, the Secretary of Health and 7 Human Services shall conduct home stud- 8 ies 9 partnering with local community programs 10 that focus on early am and after-school 11 programs for at risk children who need a 12 secure environment to engage in studying, 13 training, and skills-building programs and 14 who are at risk for recruitment by criminal 15 gangs or other transnational criminal orga- 16 nizations in the United States.’’. 17 18 and (c) CLARIFICATION NILE follow-up OF services, including SPECIAL IMMIGRANT JUVE- DEFINITION.—Section 101(a)(27)(J) of the Immi- 19 gration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is 20 amended— 21 22 (1) by amending subparagraph (i) to read as follows: 23 ‘‘(i) who, before reaching 18 years of 24 age, was declared dependent on a juvenile 25 court located in the United States or whom MDM17980 S.L.C. 205 1 such a court has legally committed to, or 2 placed under the custody of, an agency or 3 department of a State, or an individual or 4 entity appointed by a State or juvenile 5 court located in the United States, and 6 whose reunification with either parent of 7 the immigrant is not viable due to abuse, 8 neglect, abandonment, or a similar basis 9 found under State law;’’; 10 11 12 13 14 (2) in subparagraph (ii), by striking ‘‘and’’ at the end; (3) in subparagraph (iii)(II), by inserting ‘‘and’’ at the end; and (4) by adding at the end the following: 15 ‘‘(iv) in whose case the Secretary of 16 Homeland Security has made the deter- 17 mination that the alien is an unaccom- 18 panied alien child (as defined in section 19 462(g) of the Homeland Security Act of 20 2002 (6 U.S.C. 279(g))).’’. MDM17980 S.L.C. 206 1 SEC. 326. FRAUD IN CONNECTION WITH THE TRANSFER OF 2 CUSTODY OF UNACCOMPANIED ALIEN CHIL- 3 DREN. 4 (a) IN GENERAL.—Chapter 47 of title 18, United 5 States Code, is amended by adding at the end the fol6 lowing: 7 ‘‘§ 1041. Fraud in connection with the transfer of cus8 9 tody of unaccompanied alien children ‘‘(a) IN GENERAL.—It shall be unlawful for a person 10 to obtain custody of an unaccompanied alien child (as de11 fined in section 462(g) of the Homeland Security Act of 12 2002 (6 U.S.C. 279(g)))— 13 14 ‘‘(1) by making any materially false, fictitious, or fraudulent statement or representation; or 15 ‘‘(2) by making or using any false writing or 16 document knowing the same to contain any materi- 17 ally false, fictitious, or fraudulent statement or 18 entry. 19 ‘‘(b) PENALTIES.— 20 ‘‘(1) IN GENERAL.—Any person who violates, or 21 attempts or conspires to violate, this section shall be 22 fined under this title and imprisoned for not less 23 than 1 year. 24 ‘‘(2) 25 FICKING.—If 26 attempted violation, or conspiracy to violate this sec- ENHANCED PENALTY FOR TRAF- the primary purpose of the violation, MDM17980 S.L.C. 207 1 tion was to subject the child to sexually explicit ac- 2 tivity or any other form of exploitation, the offender 3 shall be fined under this title and imprisoned for not 4 less than 15 years.’’. 5 (b) TABLE OF SECTIONS AMENDMENT.—The table of 6 sections for chapter 47 of title 18, United States Code, 7 is amended by inserting after the item relating to section 8 1040 the following: ‘‘Sec. 1041. Fraud in connection with the transfer of custody of unaccompanied alien children.’’. 9 SEC. 327. NOTIFICATION OF STATES AND FOREIGN GOV- 10 11 ERNMENTS, REPORTING, AND MONITORING. (a) NOTIFICATION.—Section 235 of the William Wil- 12 berforce Trafficking Victims Protection Reauthorization 13 Act of 2008 (8 U.S.C. 1232) is amended by adding at 14 the end the following: 15 16 ‘‘(j) NOTIFICATION TO STATES.— ‘‘(1) PRIOR TO PLACEMENT.—The Secretary of 17 Homeland Security or the Secretary of Health and 18 Human Services shall notify the Governor of a State 19 not later than 48 hours prior to the placement of an 20 unaccompanied alien child from in custody of such 21 Secretary in the care of a facility or sponsor in such 22 State. 23 24 ‘‘(2) INITIAL REPORTS.—Not later than 60 days after the date of the enactment of the Pro- MDM17980 S.L.C. 208 1 tecting Children and America’s Homeland Act of 2 2017, the Secretary of Health and Human Services 3 shall submit a report to the Governor of each State 4 in which an unaccompanied alien child was dis- 5 charged to a sponsor or placed in a facility while re- 6 maining in the legal custody of the Secretary during 7 the period beginning October 1, 2013 and ending on 8 the date of the enactment of the Protecting Children 9 and America’s Homeland Act of 2017. 10 ‘‘(3) MONTHLY REPORTS.—The Secretary of 11 Health and Human Services shall submit a monthly 12 report to the Governor of each State in which, dur- 13 ing the reporting period, unaccompanied alien chil- 14 dren were discharged to a sponsor or placed in a fa- 15 cility while remaining in the legal custody of the 16 Secretary of Health and Human Services. 17 ‘‘(4) CONTENTS.—Each report required to be 18 submitted to the Governor of a State under para- 19 graph (2) or (3) shall identify the number of unac- 20 companied alien children placed in the State during 21 the reporting period, disaggregated by— 22 23 24 ‘‘(A) the locality in which the aliens were placed; and ‘‘(B) the age of such aliens. MDM17980 S.L.C. 209 1 ‘‘(k) NOTIFICATION OF FOREIGN COUNTRY.—The 2 Secretary of Homeland Security shall provide information 3 regarding each unaccompanied alien child to the govern4 ment of the country of which the child is a national to 5 assist such government with the identification and reunifi6 cation of such child with their parent or other qualifying 7 relative. 8 ‘‘(l) MONITORING REQUIREMENT.—The Secretary of 9 Health and Human Services shall— 10 ‘‘(1) require all sponsors to agree— 11 ‘‘(A) to receive approval from the Sec- 12 retary of Health and Human Services prior to 13 changing the location in which the sponsor is 14 housing an unaccompanied alien child placed in 15 the sponsor’s custody; and 16 ‘‘(B) to provide a current address for the 17 child and the reason for the change of address; 18 ‘‘(2) provide regular and frequent monitoring of 19 the physical and emotional well-being of each unac- 20 companied alien child who has been discharged to a 21 sponsor or remained in the legal custody of the Sec- 22 retary until the child’s immigration case is resolved; 23 and 24 ‘‘(3) not later than 60 days after the date of 25 the enactment of this Act, provide to Congress a MDM17980 S.L.C. 210 1 plan for implementing the requirements under para- 2 graphs (1) and (2).’’. 3 4 SEC. 328. EMERGENCY IMMIGRATION JUDGE RESOURCES. (a) DESIGNATION.—Not later than 14 days after the 5 date of the enactment of this Act, the Attorney General 6 shall designate up to 100 immigration judges, including 7 through the hiring of retired immigration judges, mag8 istrate judges, or administrative law judges, or the reas9 signment of current immigration judges, that are dedi10 cated— 11 (1) to conducting humane and expedited inspec- 12 tion and screening for unaccompanied alien children 13 under section 235B of the Immigration and Nation- 14 ality Act, as added by section 322; or 15 (2) to reducing existing backlogs in immigration 16 court proceedings initiated under section 239 of the 17 Immigration and Nationality Act (8 U.S.C. 1229). 18 (b) REQUIREMENT.—The Attorney General shall en- 19 sure that sufficient immigration judge resources are dedi20 cated to the purpose described in subsection (a)(1) to com21 ply with the requirement under section 235B(b)(1) of the 22 Immigration and Nationality Act, as added by section 322. 23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated $10,000,000 for each of the 25 fiscal years 2018 through 2022 to implement this section. MDM17980 S.L.C. 211 1 2 SEC. 329. REPORTS TO CONGRESS. (a) REPORTS ON CARE OF UNACCOMPANIED ALIEN 3 CHILDREN.—Not later than September 30, 2019, the Sec4 retary of Health and Human Services shall submit to Con5 gress and make publically available a report that in6 cludes— 7 (1) a detailed summary of the contracts in ef- 8 fect to care for and house unaccompanied alien chil- 9 dren, including the names and locations of contrac- 10 tors and the facilities being used; 11 (2) the cost per day to care for and house an 12 unaccompanied alien child, including an explanation 13 of such cost; 14 15 (3) the number of unaccompanied alien children who have been released to a sponsor, if any; 16 (4) a list of the States to which unaccompanied 17 alien children have been released from the custody of 18 the Secretary of Health and Human Services to the 19 care of a sponsor or placement in a facility; 20 (5) the number of unaccompanied alien children 21 who have been released to a sponsor who is not law- 22 fully present in the United States, including the 23 country of nationality or last habitual residence and 24 age of such children; 25 (6) a determination of whether more than 1 un- 26 accompanied alien child has been released to the MDM17980 S.L.C. 212 1 same sponsor, including the number of children who 2 were released to such sponsor; 3 (7) an assessment of the extent to which the 4 Secretary of Health and Human Services is moni- 5 toring the release of unaccompanied alien children, 6 including home studies done and electronic moni- 7 toring devices used; 8 (8) an assessment of the extent to which the 9 Secretary of Health and Human Services is making 10 efforts— 11 12 (A) to educate unaccompanied alien children about their legal rights; and 13 (B) to provide unaccompanied alien chil- 14 dren with access to pro bono counsel; and 15 (9) the extent of the public health issues of un- 16 accompanied alien children, including contagious dis- 17 eases, the benefits or medical services provided, and 18 the outreach to States and localities about public 19 health issues, that could affect the public. 20 (b) REPORTS ON REPATRIATION AGREEMENTS.— 21 Not later than September 30, 2018, the Secretary of State 22 shall submit to Congress and make publically available a 23 report that— 24 (1) describes— MDM17980 S.L.C. 213 1 (A) any repatriation agreement for unac- 2 companied alien children in effect and a copy of 3 such agreement; and 4 (B) any such repatriation agreement that 5 is being considered or negotiated; and 6 (2) describes the funding provided to the 20 7 countries that have the highest number of nationals 8 entering the United States as unaccompanied alien 9 children, including amounts provided— 10 11 (A) to deter the nationals of each country from illegally entering the United States; and 12 (B) to care for or reintegrate repatriated 13 unaccompanied alien children in the country of 14 nationality or last habitual residence. 15 16 (c) REPORTS ALITY.—Not ON RETURNS TO COUNTRY OF NATION- later than September 30, 2019, the Sec- 17 retary of Homeland Security shall submit to Congress and 18 make publicly available a report that describes— 19 (1) the number of unaccompanied alien children 20 who have voluntarily returned to their country of na- 21 tionality or habitual residence, disaggregated by— 22 23 24 25 (A) country of nationality or habitual residence; and (B) age of the unaccompanied alien children; MDM17980 S.L.C. 214 1 (2) the number of unaccompanied alien children 2 who have been returned to their country of nation- 3 ality or habitual residence, including assessment of 4 the length of time such children were present in the 5 United States; 6 (3) the number of unaccompanied alien children 7 who have not been returned to their country of na- 8 tionality or habitual residence pending travel docu- 9 ments or other requirements from such country, in- 10 cluding how long they have been waiting to return; 11 and 12 (4) the number of unaccompanied alien children 13 who were granted relief in the United States, wheth- 14 er through asylum, any other immigration benefit or 15 status, or deferred action. 16 (d) REPORTS ON IMMIGRATION PROCEEDINGS.—Not 17 later than September 30, 2019, and once every 3 months 18 thereafter, the Secretary of Homeland Security, in coordi19 nation with the Director of the Executive Office for Immi20 gration Review, shall submit to Congress and make pub21 lically available a report that describes— 22 (1) the number of unaccompanied alien children 23 who, after proceedings under section 235(b) of the 24 Immigration and Nationality Act, as added by sec- MDM17980 S.L.C. 215 1 tion 312, were returned to their country of nation- 2 ality or habitual residence, disaggregated by— 3 (A) country of nationality or residence; and 4 (B) age and gender of such aliens; 5 (2) the number of unaccompanied alien children 6 who, after proceedings under such section 235B, 7 prove a claim of admissibility and are placed in pro- 8 ceedings under section 240 of the Immigration and 9 Nationality Act (8 U.S.C. 1229a); 10 (3) the number of unaccompanied alien children 11 who fail to appear at a removal hearing that such 12 alien was required to attend; 13 (4) the number of sponsors who were levied a 14 penalty, including the amount and whether the pen- 15 alty was collected, for the failure of an unaccom- 16 panied alien child to appear at a removal hearing; 17 and 18 (5) the number of aliens that are classified as 19 unaccompanied alien children, the ages and coun- 20 tries of nationality of such children, and the orders 21 issued by the immigration judge at the conclusion of 22 proceedings under such section 235B for such chil- 23 dren. MDM17980 S.L.C. 216 7 TITLE IV—PENALTIES FOR SMUGGLING, DRUG TRAFFICKING, HUMAN TRAFFICKING, TERRORISM, AND ILLEGAL ENTRY AND REENTRY; BARS TO READMISSION OF REMOVED ALIENS 8 SEC. 401. DANGEROUS HUMAN SMUGGLING, HUMAN TRAF- 1 2 3 4 5 6 9 FICKING, AND HUMAN RIGHTS VIOLATIONS. 10 11 (a) CRIMINAL PENALTIES AND FOR HUMAN SMUGGLING TRAFFICKING.—Section 274(a) of the Immigration 12 and Nationality Act (8 U.S.C. 1324(a)) is amended— 13 14 15 (1) in paragraph (1)(B)— (A) by redesignating clauses (iii) and (iv) as clauses (vi) and (vii), respectively; 16 (B) in clause (vi), as redesignated, by in- 17 serting ‘‘for not less than 10 years and’’ before 18 ‘‘not more than 20 years,’’; and 19 20 (C) by inserting after clause (ii) the following: 21 ‘‘(iii) in the case of a violation of sub- 22 paragraph (A)(i), (ii), (iii), (iv), or (v) that 23 is the third or subsequent violation com- 24 mitted by such person under this section, 25 shall be fined under title 18, imprisoned MDM17980 S.L.C. 217 1 for not less than 5 years and not more 2 than 25 years, or both; 3 ‘‘(iv) in the case of a violation of sub- 4 paragraph (A)(i), (ii), (iii), (iv), or (v) that 5 recklessly, knowingly, or intentionally re- 6 sults in a victim being involuntarily forced 7 into labor or prostitution, shall be fined 8 under title 18, imprisoned for not less than 9 5 years and not more than 25 years, or 10 both; 11 ‘‘(v) in the case of a violation of sub- 12 paragraph (A)(i),(ii),(iii),(iv),or (v) during 13 and in relation to which any person is sub- 14 jected to an involuntary sexual act (as de- 15 fined in section 2246(2) of title 18), be 16 fined under title 18, imprisoned for not 17 less than 5 years and not more than 25 18 years, or both;’’and 19 20 (2) by adding at the end the following: ‘‘(5) Any person who, knowing that a person is an 21 alien in unlawful transit from one country to another or 22 on the high seas, transports, moves, harbors, conceals, or 23 shields from detection such alien outside of the United 24 States when the alien is seeking to enter the United States 25 without official permission or legal authority, shall for, MDM17980 S.L.C. 218 1 each alien in respect to whom a violation of this paragraph 2 occurs, be fined under title 18, United States Code, im3 prisoned not more than 10 years, or both.’’. 4 (b) SEIZURE AND FORFEITURE.—Section 274(b)(1) 5 of the Immigration and Nationality Act (8 U.S.C. 6 1324(b)(1)) is amended to read as follows: 7 ‘‘(1) IN GENERAL.—Any property, real or per- 8 sonal, involved in or used to facilitate the commis- 9 sion of a violation or attempted violation of sub- 10 section (a), the gross proceeds of such violation or 11 attempted violation, and any property traceable to 12 such property or proceeds, shall be seized and sub- 13 ject to forfeiture.’’. 14 (c) STATUTE 15 FENSES 16 TIONS OR 17 OF LIMITATIONS FOR FRAUD OF- INVOLVING CERTAIN HUMAN RIGHTS VIOLAWAR CRIMES.— (1) IN GENERAL.—Chapter 213 of title 18, 18 United States Code, is amended by adding at the 19 end the following: 20 ‘‘SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN 21 RIGHTS VIOLATIONS OR WAR CRIMES. 22 ‘‘(a) IN GENERAL.—Unless the indictment is found 23 or the information is instituted within 10 years after the 24 commission of the offense, no person shall be prosecuted, 25 tried, or punished for a violation of any provision of sec- MDM17980 S.L.C. 219 1 tion 1001, 1015, 1546, or 1621, or for attempt or con2 spiracy to violate any of such provisions, when the viola3 tion, attempt, or conspiracy concerns the alleged offend4 er’s— 5 ‘‘(1) participation, at any time, at any place, 6 and irrespective of the nationality of the alleged of- 7 fender or any victim, in a human rights violation or 8 war crime; or 9 ‘‘(2) membership in, service in, or authority 10 over, a military, paramilitary, or police organization 11 that participated in such conduct during any part of 12 any period in which the alleged offender was a mem- 13 ber of, served in, or had authority over, the organi- 14 zation. 15 ‘‘(b) DEFINITIONS.—For purposes of this section— 16 ‘‘(1) the term ‘extrajudicial killing under color 17 of foreign law’ means conduct specified in section 18 212(a)(3)(E)(iii) of the Immigration and Nationality 19 Act (8 U.S.C. 1182(a)(3)(E)(iii)); 20 21 22 23 ‘‘(2) the term ‘female genital mutilation’ means conduct described in section 116; ‘‘(3) the term ‘genocide’ means conduct described in section 1091(a); 24 ‘‘(4) the term ‘human rights violation or war 25 crime’ means genocide, incitement to genocide, war MDM17980 S.L.C. 220 1 crimes, 2 extrajudicial killing under color of foreign law, perse- 3 cution, particularly severe violations of religious free- 4 dom by a foreign government official, or the use or 5 recruitment of child soldiers; 6 7 torture, female genital mutilation, ‘‘(5) the term ‘incitement to genocide’ means conduct described in section 1091(c); 8 ‘‘(6) the term ‘particularly severe violations of 9 religious freedom’ has the meaning given such term 10 in section 3(13) of the International Religious Free- 11 dom Act of 1998 (22 U.S.C. 6402(13)); 12 ‘‘(7) the term ‘persecution’ means conduct de- 13 scribed in section 208(b)(2)(A)(i) of the Immigra- 14 tion 15 1158(b)(2)(A)(i)); 16 17 and Nationality Act (8 U.S.C. ‘‘(8) the term ‘torture’ means conduct described in paragraph (1) or (2) of section 2340; 18 ‘‘(9) the term ‘use or recruitment of child sol- 19 diers’ means conduct described in section 2442(a); 20 and 21 22 23 24 ‘‘(10) the term ‘war crimes’ means conduct described in section 2441.’’. (2) CLERICAL AMENDMENT.—The table of sec- tions at the beginning of chapter 213 of title 18, MDM17980 S.L.C. 221 1 United States Code, is amended by adding at the 2 end the following: ‘‘3302. Fraud in connection with certain human rights violations or war crimes.’’. 3 (3) APPLICATION.—The amendments made by 4 this section shall apply to any offense committed on 5 or after the date of the enactment of this Act. 6 7 8 SEC. 402. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT. (a) SHORT TITLE.—This section may be cited as the 9 ‘‘Putting the Brakes on Human Smuggling Act’’. 10 (b) FIRST VIOLATION.—Section 31310(b)(1) of title 11 49, United States Code, is amended— 12 13 14 15 (1) in subparagraph (D), by striking the ‘‘or’’ at the end; (2) in subparagraph (E), by striking the period at the end and inserting a semicolon; and 16 (3) by adding at the end the following: 17 ‘‘(F) using a commercial motor vehicle in will- 18 fully aiding or abetting an alien’s illegal entry into 19 the United States by transporting, guiding, direct- 20 ing, or attempting to assist the alien with the alien’s 21 entry in violation of section 275 of the Immigration 22 and Nationality Act (8 U.S.C. 1325), regardless of 23 whether the alien is ultimately fined or imprisoned 24 for an act in violation of such section; or MDM17980 S.L.C. 222 1 ‘‘(G) using a commercial motor vehicle in will- 2 fully aiding or abetting the transport of controlled 3 substances, monetary instruments, bulk cash, or 4 weapons by any individual departing the United 5 States.’’. 6 (c) SECOND OR MULTIPLE VIOLATIONS.—Section 7 31310(c)(1) of title 49, United States Code, is amended— 8 9 10 11 12 13 14 15 (1) in subparagraph (E), by striking the ‘‘or’’ at the end; (2) by redesignating subparagraph (F) as subparagraph (H); (3) in subparagraph (H), as redesignated, by striking ‘‘(E)’’ and inserting ‘‘(F)’’; and (4) by inserting after subparagraph (E) the following: 16 ‘‘(F) using a commercial motor vehicle on more 17 than one occasion in willfully aiding or abetting an 18 alien’s illegal entry into the United States by trans- 19 porting, guiding, directing and attempting to assist 20 the alien with the alien’s entry in violation of section 21 275 of the Immigration and Nationality Act (8 22 U.S.C. 1325), regardless of whether the alien is ulti- 23 mately fined or imprisoned for an act in violation of 24 such section; MDM17980 S.L.C. 223 1 ‘‘(G) using a commercial motor vehicle in will- 2 fully aiding or abetting the transport of controlled 3 substances, monetary instruments, bulk cash, or 4 weapons by any individual departing the United 5 States; or’’. 6 (d) LIFETIME DISQUALIFICATION.—Section 7 31310(d) of title 49, United States Code, is amended to 8 read as follows: 9 ‘‘(d) LIFETIME DISQUALIFICATION.—The Secretary 10 shall disqualify from operating a commercial motor vehicle 11 for life an individual who uses a commercial motor vehi12 cle— 13 ‘‘(1) in committing a felony involving manufac- 14 turing, distributing, or dispensing a controlled sub- 15 stance, or possession with intent to manufacture, 16 distribute, or dispense a controlled substance; 17 18 19 20 21 ‘‘(2) in committing an act for which the individual is convicted under— ‘‘(A) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324); or ‘‘(B) section 277 of such Act (8 U.S.C. 22 1327); or 23 ‘‘(3) in willfully aiding or abetting the transport 24 of controlled substances, monetary instruments, bulk MDM17980 S.L.C. 224 1 cash, and weapons by any individual departing the 2 United States.’’. 3 (e) REPORTING REQUIREMENTS.— 4 (1) COMMERCIAL DRIVER’S LICENSE INFORMA- 5 TION 6 United States Code, is amended— 7 8 9 10 SYSTEM.—Section 31309(b)(1) of title 49, (A) in subparagraph (E), by striking ‘‘and’’ at the end; (B) in subparagraph (F), by striking the period at the end and inserting ‘‘; and’’; and 11 (C) by adding at the end the following: 12 ‘‘(G) whether the operator was disquali- 13 fied, either temporarily or for life, from oper- 14 ating a commercial motor vehicle under section 15 31310, including under subsection (b)(1)(F), 16 (c)(1)(F), or (d) of such section.’’. 17 (2) NOTIFICATION BY THE STATE.—Section 18 31311(a)(8) of title 49, United States Code, is 19 amended by inserting ‘‘including such a disqualifica- 20 tion, revocation, suspension, or cancellation made 21 pursuant to a disqualification under subsection 22 (b)(1)(F), (c)(1)(F), or (d) of section 31310,’’ after 23 ‘‘60 days,’’. MDM17980 S.L.C. 225 1 SEC. 403. DRUG TRAFFICKING AND CRIMES OF VIOLENCE 2 COMMITTED BY ILLEGAL ALIENS. 3 (a) IN GENERAL.—Title 18, United States Code, is 4 amended by inserting after chapter 27 the following: 5 ‘‘CHAPTER 28—DRUG TRAFFICKING AND 6 CRIMES OF VIOLENCE COMMITTED BY 7 ILLEGAL ALIENS ‘‘581. Enhanced penalties for drug trafficking and crimes committed by illegal aliens. 8 ‘‘§ 581. Enhanced penalties for drug trafficking and 9 crimes committed by illegal aliens 10 ‘‘(a) OFFENSE.—Any alien unlawfully present in the 11 United States, who commits, conspires to commit, or at12 tempts to commit a an offense under Federal, State, or 13 Tribal law, that has, as an element, the use or attempted 14 use of physical force or the threatened use of physical 15 force or a deadly weapon or a drug trafficking crime (as 16 defined in section 924) shall be fined under this title im17 prisoned for not less than 5 years, or both. 18 ‘‘(b) ENHANCED PENALTIES FOR ALIENS ORDERED 19 REMOVED.—Any alien unlawfully present in the United 20 States who violates subsection (a) and was ordered re21 moved under the Immigration and Nationality Act (8 22 U.S.C. 1101 et seq.) on the grounds of having committed 23 a crime before the violation of subsection (a), shall be MDM17980 S.L.C. 226 1 fined under this title, imprisoned for not less than 15 2 years, or both. 3 4 ‘‘(c) REQUIREMENT TENCES.—Any FOR CONSECUTIVE SEN- term of imprisonment imposed under this 5 section shall be consecutive to any term imposed for any 6 other offense.’’. 7 (b) CLERICAL AMENDMENT.—The table of chapters 8 at the beginning of part I of title 18, United States Code, 9 is amended by inserting after the item relating to chapter 10 27 the following: ‘‘28 . Drug trafficking and crimes of violence committed by illegal aliens ............................................................................. 11 581’’. SEC. 404. ESTABLISHING INADMISSIBILITY AND DEPORT- 12 13 14 the ABILITY. (a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of Immigration and Nationality Act (8 U.S.C. 15 1182(a)(2)(A)) is amended by adding at the end the fol16 lowing: 17 ‘‘(iii) CONSIDERATION OF OTHER EVI- 18 DENCE.—If 19 conclusively establish whether a crime con- 20 stitutes a crime involving moral turpitude, 21 the Secretary of Homeland Security may 22 consider other evidence related to the con- 23 viction, including but not limited to charg- 24 ing documents, plea agreements, plea col- the conviction records do not MDM17980 S.L.C. 227 1 loquies, jury instructions, police reports, 2 that clearly establishes that the conduct 3 for which the alien was engaged constitutes 4 a crime involving moral turpitude.’’. 5 6 (b) DEPORTABLE ALIENS.— (1) GENERAL CRIMES.—Section 237(a)(2)(A) 7 of such Act (8 U.S.C. 1227(a)(2)(A)) is amended— 8 (A) by redesignating clause (vi) as clause 9 (vii) and inserting after clause (iv) the fol- 10 lowing: 11 ‘‘(v) CRIMES INVOLVING MORAL TUR- 12 PITUDE.—If 13 conclusively establish whether a crime con- 14 stitutes a crime involving moral turpitude, 15 the Secretary of Homeland Security may 16 consider other evidence related to the con- 17 viction, including but not limited to charg- 18 ing documents, plea agreements, plea col- 19 loquies, jury instructions, police reports, 20 that clearly establishes that the conduct 21 for which the alien was engaged constitutes 22 a crime involving moral turpitude.’’. 23 (2) the conviction records do not DOMESTIC VIOLENCE.—Section 24 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) 25 is amended by adding at the end the following: MDM17980 S.L.C. 228 1 ‘‘(iii) CRIME OF VIOLENCE.—If the 2 conviction records do not conclusively es- 3 tablish whether a crime of domestic vio- 4 lence constitutes a crime of violence or an 5 offense under Federal, State, or Tribal 6 law, that has, as an element, the use or at- 7 tempted use of physical force or the threat- 8 ened use of physical force or a deadly 9 weapon, the Secretary of Homeland Secu- 10 rity may consider other evidence related to 11 the conviction, including but not limited to 12 charging documents, plea agreements, plea 13 colloquies, jury instructions, police reports, 14 that clearly establishes that the conduct 15 for which the alien was engaged constitutes 16 a crime of violence or an offense under 17 Federal, State, or Tribal law, that has, as 18 an element, the use or attempted use of 19 physical force or the threatened use of 20 physical force or a deadly weapon.’’. 21 (c) EFFECTIVE DATE.—The amendments made by 22 this section shall take effect on the date of the enactment 23 of this Act and shall apply to acts that occur before, on, 24 or after the date of the enactment of this Act. MDM17980 S.L.C. 229 1 SEC. 405. PENALTIES FOR ILLEGAL ENTRY; ENHANCED 2 PENALTIES FOR ENTERING WITH INTENT TO 3 AID, ABET, OR COMMIT TERRORISM. 4 (a) IN GENERAL.—Section 275 of the Immigration 5 and Nationality Act (8 U.S.C. 1325) is amended by strik6 ing the section heading and subsections (a) and (b) and 7 inserting the following: 8 ‘‘SEC. 275. ILLEGAL ENTRY. 9 ‘‘(a) IN GENERAL.— 10 ‘‘(1) BARS 11 FITS.—Any TO IMMIGRATION RELIEF AND BENE- alien who— 12 ‘‘(A) enters or crosses, or attempts to 13 enter or cross, the border into the United 14 States at any time or place other than as des- 15 ignated by immigration officers; 16 ‘‘(B) eludes, at any time or place, examina- 17 tion or inspection by an authorized immigra- 18 tion, customs, or agriculture officer (including 19 failing to stop at the command of such officer); 20 or 21 ‘‘(C) enters or crosses the border to the 22 United States and, upon examination or inspec- 23 tion, makes a false or misleading representation 24 or conceals a material fact, including such rep- 25 resentation or willful concealment in the context 26 of arrival, reporting, entry, or clearance, re- MDM17980 S.L.C. 230 1 quirements of the customs laws, immigration 2 laws, agriculture laws, or shipping laws, 3 shall be ineligible for all immigration benefits or re- 4 lief available under the Act and any other immigra- 5 tion laws, other than a request for asylum, with- 6 holding of removal under section 241(b)(3), or relief 7 from removal based on a claim under the Convention 8 Against Torture and Other Cruel, Inhuman or De- 9 grading Treatment or Punishment, done at New 10 York, December 10, 1984. 11 ‘‘(2) CRIMINAL OFFENSES.—An alien shall be 12 subject to the penalties set forth in paragraph (3) if 13 the alien— 14 ‘‘(A) enters or crosses, or attempts to 15 enter or cross, the border into the United 16 States at any time or place other than as des- 17 ignated by immigration officers; 18 ‘‘(B) eludes, at any time or place, examina- 19 tion or inspection by an authorized immigra- 20 tion, customs, or agriculture officer (including 21 failing to stop at the command of such officer); 22 or 23 ‘‘(C) enters or crosses the border to the 24 United States and, upon examination or inspec- 25 tion, makes a false or misleading representation MDM17980 S.L.C. 231 1 or conceals a material fact, including such rep- 2 resentation or concealment in the context of ar- 3 rival, reporting, entry, or clearance, require- 4 ments of the customs laws, immigration laws, 5 agriculture laws, or shipping laws. 6 ‘‘(3) CRIMINAL 7 PENALTIES.—Any alien who violates any provision under paragraph (1)— 8 ‘‘(A) shall, for the first violation, be fined 9 under title 18, United States Code, imprisoned 10 not more than 6 months, or both; 11 ‘‘(B) shall, for a second or subsequent vio- 12 lation, or following an order of voluntary depar- 13 ture, be fined under such title, imprisoned not 14 more than 2 years, or both; 15 ‘‘(C) if the violation occurred after the 16 alien had been convicted of 3 or more mis- 17 demeanors at least 1 of which involves con- 18 trolled substances, abuse of a minor, trafficking 19 or smuggling, or any offense that could result 20 in serious bodily harm or injury to another per- 21 son, a significant misdemeanor, or a felony, 22 shall be fined under such title, imprisoned not 23 more than 10 years, or both; 24 ‘‘(D) if the violation occurred after the 25 alien had been convicted of a felony for which MDM17980 S.L.C. 232 1 the alien received a term of imprisonment of 2 not less than 30 months, shall be fined under 3 such title, imprisoned not more than 15 years, 4 or both; and 5 ‘‘(E) if the violation occurred after the 6 alien had been convicted of a felony for which 7 the alien received a term of imprisonment of 8 not less than 60 months, such alien shall be 9 fined under such title, imprisoned not more 10 than 20 years, or both. 11 ‘‘(4) PRIOR CONVICTIONS.—The prior convic- 12 tions described in subparagraphs (C) through (E) of 13 paragraph (3) are elements of the offenses described 14 in that paragraph and the penalties in such subpara- 15 graphs shall apply only in cases in which the convic- 16 tion or convictions that form the basis for the addi- 17 tional penalty are— 18 19 20 21 22 23 24 ‘‘(A) alleged in the indictment or information; and ‘‘(B) proven beyond a reasonable doubt at trial; or ‘‘(C) admitted by the defendant. ‘‘(5) DURATION OF OFFENSES.—An offense under this subsection continues until the alien is dis- MDM17980 S.L.C. 233 1 covered within the United States by an immigration, 2 customs, or agriculture officer. 3 ‘‘(6) ATTEMPT.—Whoever attempts to commit 4 any offense under this section shall be punished in 5 the same manner as for a completion of such of- 6 fense. 7 ‘‘(b) IMPROPER TIME 8 9 OR PLACE; CIVIL PEN- ALTIES.— ‘‘(1) IN GENERAL.—Any alien who is appre- 10 hended while entering, attempting to enter, or cross- 11 ing or attempting to cross the border to the United 12 States at a time or place other than as designated 13 by immigration officers shall be subject to a civil 14 penalty, in addition to any criminal or other civil 15 penalties that may be imposed under any other pro- 16 vision of law, in an amount equal to— 17 ‘‘(A) not less than $50 or more than $250 18 for each such entry, crossing, attempted entry, 19 or attempted crossing; or 20 ‘‘(B) twice the amount specified in para- 21 graph (1) if the alien had previously been sub- 22 ject to a civil penalty under this subsection. 23 ‘‘(2) CIVIL 24 PENALTIES.—Civil penalties under paragraph (1) are in addition to, and not in lieu of, MDM17980 S.L.C. 234 1 any criminal or other civil penalties that may be im- 2 posed.’’. 3 (b) ENHANCED PENALTIES.—Section 275 of the Im- 4 migration and Nationality Act, as amended by subsection 5 (a), is further amended by adding at the end the following: 6 ‘‘(e) ENHANCED PENALTY FOR TERRORIST 7 ALIENS.—Any alien who commits an offense described in 8 subsection (a) for the purpose of engaging in, or with the 9 intent to engage in, any Federal crime of terrorism (as 10 defined in section 2332b(g) of title 18, United States 11 Code) shall be imprisoned for not less than 10 years and 12 not more than 30 years.’’. 13 (c) CLERICAL AMENDMENT.—The table of contents 14 in the first section of the Immigration and Nationality Act 15 is amended by striking the item relating to section 275 16 and inserting the following: ‘‘Sec. 275. Illegal entry.’’. 17 (d) APPLICATION.— 18 (1) PRIOR CONVICTIONS.—Paragraph (4) of 19 section 275(a) of the Immigration and Nationality 20 Act, as amended by subsection (a), shall apply only 21 to violations of paragraph (2) of such section 275(a) 22 committed on or after the date of enactment of this 23 Act. 24 (2) BARS TO IMMIGRATION RELIEF AND BENE- 25 FITS.—Section 275(a)(1) of such Act, as amended MDM17980 S.L.C. 235 1 by subsection (a), shall take effect on the date of en- 2 actment and apply to any alien who, on or after the 3 date of enactment— 4 (A) enters or crosses, or attempts to enter 5 or cross, the border into the United States at 6 any time or place other than as designated by 7 immigration officers; 8 (B) eludes, at any time or place, examina- 9 tion or inspection by an authorized immigra- 10 tion, customs, or agriculture officer (including 11 failing to stop at the command of such officer); 12 or 13 (C) enters or crosses the border to the 14 United States and, upon examination or inspec- 15 tion, makes a false or misleading representation 16 or conceals a material fact, including such rep- 17 resentation or concealment in the context of ar- 18 rival, reporting, entry, or clearance, require- 19 ments of the customs laws, immigration laws, 20 agriculture laws, or shipping laws. 21 SEC. 406. PENALTIES FOR REENTRY OF REMOVED ALIENS. 22 (a) SHORT TITLES.—This section may be cited as the 23 ‘‘Stop Illegal Reentry Act’’ or ‘‘Kate’s Law’’. 24 25 (b) INCREASED PENALTIES MOVED ALIEN.— FOR REENTRY OF RE - MDM17980 S.L.C. 236 1 (1) IN GENERAL.—Section 276 of the Immigra- 2 tion and Nationality Act (8 U.S.C. 1326) is amend- 3 ed to read as follows: 4 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 5 ‘‘(a) IN GENERAL.— 6 ‘‘(1) BARS 7 FITS.—Any TO IMMIGRATION RELIEF AND BENE- alien who— 8 ‘‘(A) has been denied admission, excluded, 9 deported, or removed or has departed the 10 United States while an order of exclusion, de- 11 portation, or removal is outstanding; and there- 12 after 13 ‘‘(B) enters, attempts to enter, crosses the 14 border to, attempts to cross the border to, or is 15 at any time found in, the United States, un- 16 less— 17 ‘‘(i) the alien is seeking admission 18 more than 10 years after the date of the 19 alien’s last departure from the United 20 States if, prior to the alien’s reembar- 21 kation at a place outside the United States 22 or the alien’s application for admission 23 from a foreign contiguous territory, the 24 Secretary of Homeland Security has ex- MDM17980 S.L.C. 237 1 pressly consented to such alien’s re- 2 applying for admission; or 3 ‘‘(ii) with respect to an alien pre- 4 viously denied admission and removed, 5 such alien establishes that the alien was 6 not required to obtain such advance con- 7 sent under this Act or any prior Act, 8 shall be ineligible for all immigration benefits or 9 relief available under the Act and any other im- 10 migration laws, other than relief from removal 11 based on a claim under the Convention Against 12 Torture and Other Cruel, Inhuman or Degrad- 13 ing Treatment or Punishment, done at New 14 York, December 10, 1984. 15 ‘‘(2) CRIMINAL OFFENSES.—Any alien who— 16 ‘‘(A) has been denied admission, deported, 17 or removed or has departed the United States 18 while an order of deportation, or removal is out- 19 standing; and 20 ‘‘(B) after such denial, removal or depar- 21 ture, enters, attempts to enter, crosses the bor- 22 der to, attempts to cross the border to, or is at 23 any time found in, the United States, unless— 24 ‘‘(i) the alien is seeking admission 25 more than 10 years after the date of the MDM17980 S.L.C. 238 1 alien’s last departure from the United 2 States if, prior to the alien’s reembar- 3 kation at a place outside the United States 4 or the alien’s application for admission 5 from a foreign contiguous territory, the 6 Secretary of Homeland Security has ex- 7 pressly consented to such alien’s re- 8 applying for admission; or 9 ‘‘(ii) with respect to an alien pre- 10 viously denied admission and removed, 11 such alien establishes that the alien was 12 not required to obtain such advance con- 13 sent under this Act or any prior Act, 14 ‘‘shall be fined under title 18, United States 15 Code, or imprisoned not more than 5 years, or both. 16 ‘‘(b) CRIMINAL PENALTIES 17 18 TAIN FOR REENTRY OF CER- REMOVED ALIENS.— ‘‘(1) REENTRY AFTER REMOVAL.—Notwith- 19 standing the penalty under subsection (a)(2), and 20 except as provided in subsection (c), an alien de- 21 scribed in subsection (a)— 22 ‘‘(A) who has been excluded from the 23 United States pursuant to section 235(c) be- 24 cause the alien was excludable under section 25 212(a)(3)(B) or who has been removed from MDM17980 S.L.C. 239 1 the United States pursuant to the provisions of 2 title V, and who thereafter, without the permis- 3 sion of the Secretary of Homeland Security, en- 4 ters the United States, or attempts to do so, 5 shall be fined under title 18, United States 6 Code, and imprisoned for a period of 15 years, 7 which sentence shall not run concurrently with 8 any other sentence; 9 ‘‘(B) who was removed from the United 10 States pursuant to section 241(a)(4) and there- 11 after, without the permission of the Secretary 12 of Homeland Security, enters, attempts to 13 enter, or is at any time found in, the United 14 States (unless the Secretary of Homeland Secu- 15 rity has expressly consented to such alien’s re- 16 entry) shall be fined under title 18, United 17 States Code, imprisoned for not more than 15 18 years, or both; and 19 ‘‘(C) who has been denied admission, ex- 20 cluded, deported, or removed 2 or more times 21 for any reason and thereafter enters, attempts 22 to enter, crosses the border, attempts to cross 23 the border, or is at any time found in the 24 United States, shall be fined under title 18, MDM17980 S.L.C. 240 1 United States Code, imprisoned not more than 2 15 years, or both. 3 ‘‘(2) REENTRY OF CRIMINAL ALIENS AFTER RE- 4 MOVAL.—Notwithstanding 5 section (a), an alien described in subsection (a)— the penalty under sub- 6 ‘‘(A) who was convicted, before the alien 7 was subject to removal or departure, of a sig- 8 nificant misdemeanor shall be fined under title 9 18, United States Code, imprisoned not more 10 than 10 years, or both; 11 ‘‘(B) who was convicted, before the alien 12 was subject to removal or departure, of 2 or 13 more misdemeanors involving drugs, crimes 14 against the person, or both, shall be fined under 15 title 18, United States Code, imprisoned not 16 more than 10 years, or both; 17 ‘‘(C) who was convicted, before the alien 18 was subject to removal or departure, of 3 or 19 more misdemeanors for which the alien was 20 sentenced to a term of imprisonment of not less 21 than 90 days for each offense, or 12 months in 22 the aggregate, the alien shall be fined under 23 title 18, United States Code, imprisoned not 24 more than 10 years, or both; MDM17980 S.L.C. 241 1 ‘‘(D) who was convicted, before the alien 2 was subject to removal or departure, of a felony 3 for which the alien was sentenced to a term of 4 imprisonment of not less than 30 months, the 5 alien shall be fined under such title, imprisoned 6 not more than 15 years, or both; 7 ‘‘(E) who was convicted, before the alien 8 was subject to removal or departure, of a felony 9 for which the alien was sentenced to a term of 10 imprisonment of not less than 60 months, the 11 alien shall be fined under such title, imprisoned 12 not more than 20 years, or both; 13 ‘‘(F) who was convicted of 3 or more felo- 14 nies of any kind, the alien shall be fined under 15 such title, imprisoned not more than 25 years, 16 or both; and 17 ‘‘(G) who was convicted, before the alien 18 was subject to removal or departure or after 19 such removal or departure, for murder, rape, 20 kidnapping, or a felony offense described in 21 chapter 77 (relating to peonage and slavery) or 22 113B (relating to terrorism) of such title, the 23 alien shall be fined under such title, imprisoned 24 not more than 25 years, or both; MDM17980 S.L.C. 242 1 ‘‘(c) MANDATORY MINIMUM CRIMINAL PENALTY FOR 2 REENTRY OF CERTAIN REMOVED ALIENS.—Notwith- 3 standing the penalties under subsections (a) and (b), an 4 alien described in subsection (a)— 5 ‘‘(1) who was convicted, before the alien was 6 subject to removal or departure, of an aggravated 7 felony; or 8 ‘‘(2) who was convicted at least 2 times before 9 such removal or departure of illegal reentry under 10 this section, 11 shall be imprisoned not less than 5 years and not more 12 than 20 years, and may, in addition, be fined under title 13 18, United States Code. 14 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 15 convictions described in subsection (b) are elements of the 16 crimes described, and the penalties in that subsection shall 17 apply only in cases in which the conviction or convictions 18 that form the basis for the additional penalty are— 19 20 ‘‘(1) alleged in the indictment or information; and 21 22 23 24 ‘‘(2) proven beyond a reasonable doubt at trial; or ‘‘(3) admitted by the defendant. ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af- 25 firmative defense to a violation of this section that— MDM17980 S.L.C. 243 1 ‘‘(1) prior to the alleged violation, the alien had 2 sought and received the express consent of the Sec- 3 retary of Homeland Security to reapply for admis- 4 sion into the United States; or 5 6 ‘‘(2) with respect to an alien previously denied admission and removed, the alien— 7 ‘‘(A) was not required to obtain such ad- 8 vance consent under the Immigration and Na- 9 tionality Act or any prior Act; and 10 ‘‘(B) had complied with all other laws and 11 regulations governing the alien’s admission into 12 the United States. 13 14 ‘‘(f) LIMITATION DERLYING ON COLLATERAL ATTACK ON UN - REMOVAL ORDER.—In a criminal proceeding 15 under this section, an alien may not challenge the validity 16 of a removal order described in subsection (a), (b), or (c) 17 concerning the alien unless the alien demonstrates that— 18 ‘‘(1) the alien exhausted any administrative 19 remedies that may have been available to seek relief 20 against the order; 21 ‘‘(2) the deportation proceedings at which the 22 order was issued improperly deprived the alien of the 23 opportunity for judicial review; and 24 25 ‘‘(3) the entry of the order was fundamentally unfair. MDM17980 S.L.C. 244 1 2 ‘‘(g) REENTRY PLETION OF TERM OF ALIEN REMOVED PRIOR OF TO COM- IMPRISONMENT.—Any alien re- 3 moved pursuant to section 241(a)(4) who enters, attempts 4 to enter, crosses the border to, attempts to cross the bor5 der to, or is at any time found in, the United States shall 6 be incarcerated for the remainder of the sentence of im7 prisonment which was pending at the time of deportation 8 without any reduction for parole or supervised release un9 less the alien affirmatively demonstrates that the Sec10 retary of Homeland Security has expressly consented to 11 the alien’s reentry (if a request for consent to reapply is 12 authorized under this section). Such alien shall be subject 13 to such other penalties relating to the reentry of removed 14 aliens as may be available under this section or any other 15 provision of law. 16 17 ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) CROSSES THE BORDER TO THE UNITED 18 STATES.—The 19 physical act of crossing the border, regardless of 20 whether the alien is free from official restraint. term ‘crosses the border’ refers to the 21 ‘‘(2) FELONY.—The term ‘felony’ means any 22 criminal offense punishable by a term of imprison- 23 ment of more than 1 year under the laws of the 24 United States, any State, or a foreign government. MDM17980 S.L.C. 245 1 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 2 means any criminal offense punishable by a term of 3 imprisonment of not more than 1 year under the ap- 4 plicable laws of the United States, any State, or a 5 foreign government. 6 ‘‘(4) REMOVAL.—The term ‘removal’ includes 7 any denial of admission, deportation, or removal, or 8 any agreement by which an alien stipulates or agrees 9 to deportation, or removal. 10 11 ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term ‘significant misdemeanor’ means a misdemeanor— 12 ‘‘(A) crime that involves the use or at- 13 tempted use of physical force, or threatened use 14 of a deadly weapon, committed by a current or 15 former spouse, parent, or guardian of the vic- 16 tim, by a person with whom the victim shares 17 a child in common, by a person who is cohab- 18 iting with or has cohabited with the victim as 19 a spouse, parent, or guardian, or by a person 20 similarly situated to a spouse, parent, or guard- 21 ian of the victim; 22 ‘‘(B) which is a sexual assault (as such 23 term is defined in section 40002(a)(29) of the 24 Violent Crime Control and Law Enforcement 25 Act of 1994 (42 U.S.C. 13925(a)(29)); MDM17980 S.L.C. 246 1 ‘‘(C) which involved the unlawful posses- 2 sion of a firearm (as such term is defined in 3 section 921 of title 18, United States Code); 4 ‘‘(D) which is a crime of violence (as de- 5 fined in section 16 of title 18, United States 6 Code); or 7 ‘‘(E) which is an offense under Federal, 8 State, or Tribal law, that has, as an element, 9 the use or attempted use of physical force or 10 the threatened use of physical force or a deadly 11 weapon. 12 ‘‘(6) STATE.—The term ‘State’ means a State 13 of the United States, the District of Columbia, and 14 any commonwealth, territory, or possession of the 15 United States.’’. 16 (c) EFFECTIVE DATE.—Section 276(a)(1), as 17 amended by this section, shall take effect on the date of 18 the enactment of this Act and shall apply to any alien who, 19 on or after the date of enactment— 20 (1) has been denied admission, excluded, de- 21 ported, or removed or has departed the United 22 States while an order of exclusion, deportation, or 23 removal is outstanding; and 24 (2) after such denial, exclusion, deportation or 25 removal, enters, attempts to enter, crosses the bor- MDM17980 S.L.C. 247 1 der to, attempts to cross the border to, or is at any 2 time found in, the United States, unless— 3 (A) the alien is seeking admission more 4 than 10 years after the date of the alien’s last 5 departure from the United States if, prior to 6 the alien’s reembarkation at a place outside the 7 United States or the alien’s application for ad- 8 mission from a foreign contiguous territory, the 9 Secretary of Homeland Security has expressly 10 consented to such alien’s reapplying for admis- 11 sion; or 12 (B) with respect to an alien previously de- 13 nied admission and removed, such alien estab- 14 lishes that the alien was not required to obtain 15 such advance consent under this Act or any 16 prior Act. 17 18 SEC. 407. LAUNDERING OF MONETARY INSTRUMENTS. Section 1956(c)(7)(D) of title 18, United States 19 Code, is amended by inserting ‘‘section 1590 (relating to 20 trafficking with respect to peonage, slavery, involuntary 21 servitude, or forced labor),’’ after ‘‘section 1363 (relating 22 to destruction of property within the special maritime and 23 territorial jurisdiction),’’. MDM17980 S.L.C. 248 1 SEC. 408. FREEZING BANK ACCOUNTS OF INTERNATIONAL 2 CRIMINAL 3 LAUNDERERS. 4 ORGANIZATIONS AND MONEY Section 981(b) of title 18, United States Code, is 5 amended by adding at the end the following: 6 ‘‘(5)(A) If a person is arrested or charged in connec- 7 tion with an offense described in subparagraph (C) involv8 ing the movement of funds into or out of the United 9 States, the Attorney General may apply to any Federal 10 judge or magistrate judge in the district in which the ar11 rest is made or where the charges are filed for an ex parte 12 order restraining any account held by the person arrested 13 or charged for not more than 30 days, except that such 14 30-day time period may be extended for good cause shown 15 at a hearing conducted in the manner provided in rule 16 43(e) of the Federal Rules of Civil Procedure. The court 17 may receive and consider evidence and information sub18 mitted by the Government that would be inadmissible 19 under the Federal Rules of Evidence. 20 ‘‘(B) The application for a restraining order under 21 subparagraph (A) shall— 22 23 24 25 ‘‘(i) identify the offense for which the person has been arrested or charged; ‘‘(ii) identify the location and description of the accounts to be restrained; and MDM17980 S.L.C. 249 1 ‘‘(iii) state that the restraining order is needed 2 to prevent the removal of the funds in the account 3 by the person arrested or charged, or by others asso- 4 ciated with such person, during the time needed by 5 the Government to conduct such investigation as 6 may be necessary to establish whether there is prob- 7 able cause to believe that the funds in the accounts 8 are subject to forfeiture in connection with the com- 9 mission of any criminal offense. 10 ‘‘(C) An offense described in this subparagraph is any 11 offense for which forfeiture is authorized under this title, 12 title 31, or the Controlled Substances Act (21 U.S.C. 801 13 et seq.). 14 ‘‘(D) For purposes of this section— 15 ‘‘(i) the term ‘account’ includes any safe deposit 16 box and any account (as defined in paragraphs (1) 17 and (2) of section 5318A(e) of title 31, United 18 States Code) at any financial institution; and 19 ‘‘(ii) the term ‘account held by the person ar- 20 rested or charged’ includes an account held in the 21 name of such person, and any account over which 22 such person has effective control as a signatory or 23 otherwise. MDM17980 S.L.C. 250 1 ‘‘(E) A restraining order issued under this paragraph 2 shall not be considered a ‘seizure’ for purposes of section 3 983(a). 4 ‘‘(F) A restraining order issued under this paragraph 5 may be executed in any district in which the subject ac6 count is found, or transmitted to the central authority of 7 any foreign State for service in accordance with any treaty 8 or other international agreement.’’. 9 SEC. 409. CRIMINAL PROCEEDS LAUNDERED THROUGH 10 PREPAID ACCESS DEVICES, DIGITAL CUR- 11 RENCIES, OR OTHER SIMILAR INSTRUMENTS. 12 (a) IN GENERAL.— 13 (1) DEFINITIONS.— 14 (A) ADDITION OF ISSUERS, REDEEMERS, 15 AND CASHIERS OF PREPAID ACCESS DEVICES 16 AND DIGITAL CURRENCIES TO THE DEFINITION 17 OF 18 5312(a)(2)(K) of title 31, United States Code, 19 is amended by striking ‘‘or similar’’ and insert- 20 ing ‘‘prepaid access devices, digital currencies, 21 or other similar’’. 22 INSTITUTIONS.—Section FINANCIAL (B) ADDITION OF PREPAID ACCESS DE- 23 VICES TO THE DEFINITION OF MONETARY IN- 24 STRUMENTS.—Section 5312(a)(3)(B) of such MDM17980 S.L.C. 251 1 title is amended by inserting ‘‘prepaid access 2 devices,’’ after ‘‘delivery,’’. 3 (C) DEFINITION 4 VICE.—Section 5 OF PREPAID ACCESS DE- 5312 of such title is amended— (i) by redesignating paragraph (6) as 6 paragraph (7); and 7 (ii) by inserting after paragraph (5) 8 the following: 9 ‘‘(6) ‘prepaid access device’ means an electronic 10 device or vehicle, such as a card, plate, code, num- 11 ber, electronic serial number, mobile identification 12 number, personal identification number, or other in- 13 strument that provides a portal to funds or the value 14 of funds that have been paid in advance and can be 15 retrievable and transferable at some point in the fu- 16 ture.’’. 17 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE- 18 PORT.—Not 19 the enactment of this Act, the Comptroller General 20 of the United States shall submit to Congress a re- 21 port describing— later than 18 months after the date of 22 (A) the impact of amendments made by 23 paragraph (1) on law enforcement, the prepaid 24 access device industry, and consumers; and MDM17980 S.L.C. 252 1 (B) the implementation and enforcement 2 by the Department of the Treasury of the final 3 rule relating to ‘‘Bank Secrecy Act Regula- 4 tions—Definitions and Other Regulations Re- 5 lating to Prepaid Access’’ (76 Fed. Reg. 45403 6 (July 29, 2011)). 7 8 (b) MONEY SMUGGLING THROUGH BLANK CHECKS IN BEARER FORM.—Section 5316 of title 31, United 9 States Code, is amended by adding at the end the fol10 lowing: 11 ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT LEFT 12 BLANK.—For purposes of this section, a monetary instru13 ment in bearer form that has the amount left blank, such 14 that the amount could be filled in by the bearer, shall be 15 considered to have a value of more than $10,000 if the 16 monetary instrument was drawn on an account that con17 tained or was intended to contain more than $10,000 at 18 the time the monetary instrument was— 19 ‘‘(1) transported; or 20 ‘‘(2) negotiated.’’. 21 SEC. 410. CLOSING THE LOOPHOLE ON DRUG CARTEL AS- 22 SOCIATES ENGAGED IN MONEY LAUNDERING. 23 (a) INTENT TO CONCEAL OR DISGUISE.—Section 24 1956(a) of title 18, United States Code, is amended— MDM17980 S.L.C. 253 1 (1) in paragraph (1)(B), by striking ‘‘(B) know- 2 ing that’’ and all that follows through ‘‘Federal 3 law,’’ and inserting the following: 4 ‘‘(B) knowing that the transaction— 5 ‘‘(i) conceals or disguises, or is intended to 6 conceal or disguise, the nature, source, location, 7 ownership, or control of the proceeds of some 8 form of unlawful activity; or 9 ‘‘(ii) avoids, or is intended to avoid, a 10 transaction reporting requirement under State 11 or Federal law,’’; and 12 (2) in paragraph (2)(B), by striking ‘‘(B) know- 13 ing that’’ and all that follows through ‘‘Federal 14 law,’’ and inserting the following: 15 ‘‘(B) knowing that the monetary instrument or 16 funds involved in the transportation, transmission, 17 or transfer represent the proceeds of some form of 18 unlawful activity, and knowing that such transpor- 19 tation, transmission, or transfer— 20 ‘‘(i) conceals or disguises, or is intended to 21 conceal or disguise, the nature, source, location, 22 ownership, or control of the proceeds of some 23 form of unlawful activity; or MDM17980 S.L.C. 254 1 ‘‘(ii) avoids, or is intended to avoid, a 2 transaction reporting requirement under State 3 or Federal law,’’. 4 (b) PROCEEDS OF A FELONY.—Section 1956(c)(1) of 5 such title is amended by inserting ‘‘, and regardless of 6 whether or not the person knew that the activity con7 stituted a felony’’ before the semicolon at the end. 11 TITLE V—PROTECTING NATIONAL SECURITY AND PUBLIC SAFETY Subtitle A—General Matters 12 SEC. 501. DEFINITION OF ENGAGING IN TERRORIST ACTIV- 8 9 10 13 14 ITY. Subclause (I) of section 212(a)(3)(B)(iv) of the Im- 15 migration and Nationality Act (8 U.S.C. 16 1182(a)(3)(B)(iv)) is amended— 17 (1) by revising subclause (I) to read as follows: 18 ‘‘(I) to commit a terrorist activity 19 or, under circumstances indicating an 20 intention to cause death, serious bod- 21 ily harm, or substantial damage to 22 property, incite to commit a terrorist 23 activity;’’; and 24 (2)(A) by adding at the end the following: MDM17980 S.L.C. 255 1 ‘‘(VI) to threaten, attempt, or 2 conspire to do any of acts described in 3 subclauses (I) through (VI).’’. 4 5 SEC. 502. TERRORIST GROUNDS OF INADMISSIBILITY. (a) SECURITY AND RELATED GROUNDS.—Section 6 212(a)(3)(A) of the Immigration and Nationality Act (8 7 U.S.C. 1182(a)(3)(A)) is amended to read as follows: 8 ‘‘(A) IN GENERAL.—Any alien who a con- 9 sular officer, the Attorney General, or the Sec- 10 retary of Homeland Security knows, or has rea- 11 sonable ground to believe, seeks to enter the 12 United States to engage solely, principally, or 13 incidentally, in, or who is engaged in, or with 14 respect to clauses (i) and (iii) has engaged in— 15 ‘‘(i) any activity— 16 ‘‘(I) to violate any law of the 17 United States relating to espionage or 18 sabotage; or 19 ‘‘(II) to violate or evade any law 20 prohibiting 21 United States of goods, technology, or 22 sensitive information, 23 ‘‘(ii) any other activity which would be 24 unlawful if committed in the United 25 States, or the export from the MDM17980 S.L.C. 256 1 ‘‘(iii) any activity a purpose of which 2 is the opposition to, or the control or over- 3 throw of, the Government of the United 4 States by force, violence, or other unlawful 5 means, 6 is inadmissible.’’. 7 (b) TERRORIST ACTIVITIES.—Section 8 212(a)(3)(B)(i) of the Immigration and Nationality Act 9 (8 U.S.C. 1182(a)(3)(B)(i)), is amended— 10 11 12 13 14 15 16 17 (1) in subclause (IV), by inserting ‘‘or has been’’ before ‘‘a representative’’; (2) in subclause (V), by inserting ‘‘or has been’’ before ‘‘a member’’; (3) in subclause (VI), by inserting ‘‘or has been’’ before ‘‘a member’’; and (4) by amending subclause (VII) to read as follows: 18 ‘‘(VII) endorses or espouses or 19 has endorsed or espoused terrorist ac- 20 tivity or persuades or has persuaded 21 others to endorse or espouse terrorist 22 activity or support a terrorist organi- 23 zation;’’; 24 25 (5) by amending subclause (IX) to read as follows: MDM17980 S.L.C. 257 1 ‘‘(IX)(aa) is the spouse or child 2 of an alien who is inadmissible under 3 this subparagraph, if the activity 4 causing the alien to be found inadmis- 5 sible occurred within the last 5 years. 6 ‘‘(bb) EXCEPTION.—This sub- 7 clause does not apply to a spouse or 8 child— 9 ‘‘(AA) who did not know or 10 should 11 known of the activity causing the 12 alien to be found inadmissible 13 under this section; or not reasonably have 14 ‘‘(BB) whom the consular 15 officer or Attorney General has 16 reasonable grounds to believe has 17 renounced the activity causing 18 the alien to be found inadmissible 19 under this section.’’; and 20 (6) by striking the undesignated matter fol- 21 lowing subclause (IX). 22 (c) PALESTINE LIBERATION ORGANIZATION.—Sec- 23 tion 212(a)(3)(B)(ii) of the Immigration and Nationality 24 Act (8 U.S.C. 1182(a)(3)(B)(i)), is amended to read as 25 follows: MDM17980 S.L.C. 258 1 ‘‘(ii) PALESTINE LIBERATION ORGANI- 2 ZATION.—An 3 cial, representative, or spokesman of the 4 Palestine Liberation Organization is con- 5 sidered, for purposes of this Act, to be en- 6 gaged in terrorist activity.’’. 7 SEC. 503. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 8 9 alien who is an officer, offi- ON CRIMINAL OR SECURITY GROUNDS. (a) IN GENERAL.—Section 238 of the Immigration 10 and Nationality Act (8 U.S.C. 1228) is amended— 11 (1) by adding at the end of the section heading WHO ARE SUBJECT TO TER- 12 the following: ‘‘OR 13 RORISM-RELATED GROUNDS FOR REMOVAL’’; 14 15 (2) in subsection (b)— (A) in paragraph (1)— 16 (i) by striking ‘‘Attorney General’’ 17 and inserting ‘‘Secretary of Homeland Se- 18 curity in the exercise of discretion’’; and 19 (ii) by striking ‘‘set forth in this sub- 20 section or’’ and inserting ‘‘set forth in this 21 subsection, in lieu of removal proceedings 22 under’’; 23 (B) in paragraphs (3) and (4), by striking 24 ‘‘Attorney General’’ each place the term ap- MDM17980 S.L.C. 259 1 pears and inserting ‘‘Secretary of Homeland 2 Security’’; 3 (C) in paragraph (5)— 4 (i) by striking ‘‘described in this sec- 5 tion’’ and inserting ‘‘described in para- 6 graph (1) or (2)’’; and 7 (ii) by striking ‘‘the Attorney General 8 may grant in the Attorney General’s dis- 9 cretion.’’ and inserting ‘‘the Secretary of 10 Homeland Security or the Attorney Gen- 11 eral may grant, in the discretion of the 12 Secretary or the Attorney General, in any 13 proceeding.’’; 14 (D) by redesignating paragraphs (3), (4), 15 and (5) as paragraphs (4), (5), and (6) respec- 16 tively; and 17 (E) by inserting after paragraph (2) the 18 following: 19 ‘‘(3) The Secretary of Homeland Security, in 20 the exercise of discretion, may determine inadmis- 21 sibility under section 212(a)(2) and issue an order 22 of removal pursuant to the procedures set forth in 23 this subsection, in lieu of removal proceedings under 24 section 240, with respect to an alien who— 25 ‘‘(A) has not been admitted or paroled; MDM17980 S.L.C. 260 1 ‘‘(B) has not been found to have a credible 2 fear of persecution pursuant to the procedures 3 set forth in 235(b)(1)(B); and 4 ‘‘(C) is not eligible for a waiver of inadmis- 5 sibility or relief from removal.’’; and 6 (3) by redesignating the first subsection (c) as 7 subsection (d); 8 (4) by redesignating the second subsection (c) 9 (as so designated by section 617(b)(13) of the Illegal 10 Immigration Reform and Immigrant Responsibility 11 Act of 1996 (division C of Public Law 104–208; 110 12 Stat. 3009–720)) as subsection (e); and 13 (5) by inserting after subsection (b) the fol- 14 lowing: 15 ‘‘(c) REMOVAL OF ALIENS WHO ARE SUBJECT TO 16 TERRORISM-RELATED GROUNDS FOR REMOVAL.— 17 ‘‘(1) The Secretary of Homeland Security— 18 ‘‘(A) shall, notwithstanding section 240, in 19 the case of every alien, determine the inadmis- 20 sibility of the alien under subclause (I), (II), or 21 (III) of section 212(a)(3)(B)(i), or the deport- 22 ability of the alien under section 237(a)(4)(B) 23 as consequence of being described in one of 24 such subclauses, and issue an order of removal 25 pursuant to the procedures set forth in this MDM17980 S.L.C. 261 1 subsection to every alien determined to be inad- 2 missible or deportable on such a ground; and 3 ‘‘(B) may, in the case of any alien, deter- 4 mine the inadmissibility of the alien under sub- 5 paragraph (A) or (B) of section 212(a)(3) 6 (other than subclauses (I), (II), and (III) of 7 section 212(a)(3)(B)), or the deportability of 8 the alien under subparagraph (A) or (B) of sec- 9 tion 237(a)(4) (as a consequence of being de- 10 scribed in subclause (I), (II), or (III) of section 11 212(a)(3)(B)), and issue an order of removal 12 pursuant to the procedures set forth in this 13 subsection or section 240 to every alien deter- 14 mined to be inadmissible or deportable on such 15 a ground. 16 ‘‘(2) The Secretary of Homeland Security may 17 not execute any order described in paragraph (1) 18 until 30 calendar days have passed from the date 19 that such order was issued, unless waived by the 20 alien, in order that the alien has an opportunity to 21 apply øpetition¿ for judicial review under section 22 242. 23 ‘‘(3) Proceedings before the Secretary of Home- 24 land Security under this subsection shall be in ac- MDM17980 S.L.C. 262 1 cordance with such regulations as the Secretary 2 shall prescribe. The Secretary shall provide that— 3 ‘‘(A) the alien is given reasonable notice of 4 the charges and of the opportunity described in 5 subparagraph (C); 6 ‘‘(B) the alien shall have the privilege of 7 being represented (at no expense to the Govern- 8 ment) by such counsel, authorized to practice in 9 such proceedings, as the alien shall choose; 10 ‘‘(C) the alien has a reasonable oppor- 11 tunity to inspect the evidence and rebut the 12 charges; 13 ‘‘(D) a determination is made on the 14 record that the individual upon whom the notice 15 for the proceeding under this section is served 16 (either in person or by mail) is, in fact, the 17 alien named in such notice; 18 19 ‘‘(E) a record is maintained for judicial review; and 20 ‘‘(F) the final order of removal is not adju- 21 dicated by the same person who issues the 22 charges. 23 ‘‘(4) No alien described in this subsection shall 24 be eligible for any relief from removal that the Sec- MDM17980 S.L.C. 263 1 retary of Homeland Security may grant in the Sec- 2 retary’s discretion.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 of the Immigration and Nationality Act (8 U.S.C. 1101 5 et seq.) is amended by striking the item relating to section 6 238 and inserting the following: ‘‘Sec. 238. Expedited removal of aliens convicted of aggravated felonies or who are subject to terrorism-related grounds for removal.’’. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect on the date of the enactment 9 of this Act but shall not apply to aliens who are in removal 10 proceedings under section 240 of the Immigration and Na11 tionality Act (8 U.S.C. 1229a) on such date. 12 13 14 SEC. 504. DETENTION OF REMOVABLE ALIENS. (a) CRIMINAL ALIEN ENFORCEMENT PARTNERSHIPS.—Section 287 of the Immigration and Nationality 15 Act (8 U.S.C. 1357), as amended by section 116 and this 16 section, is further amended by— 17 18 (1) redesignating paragraph (h) as paragraph (j), and 19 (2) adding new paragraph (h) to read as fol- 20 lows: 21 ‘‘(h) CRIMINAL ALIEN ENFORCEMENT PARTNER- 22 23 24 SHIPS.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Security may enter into a written agreement with a MDM17980 S.L.C. 264 1 State, or any political subdivision of such a State, to 2 authorize the temporary placement of one or more 3 U.S. Customs and Border Protection agents or offi- 4 cers or U.S. Immigration and Customs Enforcement 5 agents or investigators at a local police department 6 or precinct to— 7 ‘‘(A) determine the immigration status of 8 any individual arrested by a State, county, or 9 local police, enforcement, or peace officer for 10 any criminal offense; 11 ‘‘(B) issue charging documents and notices 12 related to the initiation of removal proceedings 13 or reinstatement of prior removal orders under 14 section 241(a)(5); 15 ‘‘(C) enter information directly into the 16 National Crime Information Center (NCIC) 17 database, Immigration Violator File, to in- 18 clude— 19 ‘‘(i) the alien’s address, 20 ‘‘(ii) the reason for arrest, 21 ‘‘(iii) the legal cite of the State law 22 violated or for which the alien is charged, 23 ‘‘(iv) the alien’s driver’s license num- 24 ber and State of issuance (if any), MDM17980 S.L.C. 265 1 ‘‘(v) any other identification docu- 2 ment(s) held by the alien and issuing enti- 3 ty for such identification documents, and 4 ‘‘(vi) any identifying marks, such as 5 tattoos, birthmarks, scars, etc.;’’. 6 ‘‘(D) to collect the alien’s biometrics, in- 7 cluding but not limited to iris, fingerprint, pho- 8 tographs, and signature, of the alien and to 9 enter such information into the Automated Bio- 10 metric Identification System (IDENT) and any 11 other DHS database authorized for storage of 12 biometric information for aliens; and’’. 13 ‘‘(E) make advance arrangements for the 14 immediate transfer from State to Federal cus- 15 tody of any criminal when the alien is released, 16 without regard to whether the alien is released 17 on parole, supervised release, or probation, and 18 without regard to whether alien may be ar- 19 rested imprisoned again for the same offense. 20 ‘‘(2) LENGTH OF TEMPORARY DUTY ASSIGN- 21 MENTS.—The 22 signment authorized under this paragraph shall be 1 23 year. The temporary duty assignment may be ex- 24 tended for additional periods of time as agreed to by 25 the Secretary of Homeland Security and the State initial period for a temporary duty as- MDM17980 S.L.C. 266 1 or political subdivision of the State to ensure con- 2 tinuity of cooperation and coverage. 3 ‘‘(3) TECHNOLOGY USAGE.—The Secretary 4 shall provide CBP and ICE agents, officers, and in- 5 vestigators on a temporary duty assignment under 6 this paragraph mobile access to Federal databases 7 containing alien information, live scan technology for 8 collection of biometrics, and video-conferencing capa- 9 bility for use at local police departments or precincts 10 in remote locations. 11 ‘‘(4) REPORT.—Not later than 1 year after the 12 date of enactment, the Secretary of Homeland Secu- 13 rity shall submit a report to the Committee on Judi- 14 ciary and Committee on Homeland Security and 15 Government Affairs of the Senate and the Com- 16 mittee on the Judiciary and Committee on Home- 17 land Security of the House of Representatives on— 18 ‘‘(A) the number of States that have en- 19 tered into an agreement under this paragraph; 20 ‘‘(B) the number of criminal aliens proc- 21 essed by the U.S. Customs and Border Protec- 22 tion agent or officer or U.S. Immigration and 23 Customs Enforcement agent or investigator 24 during the temporary duty assignment; and MDM17980 S.L.C. 267 1 ‘‘(C) the number of criminal aliens trans- 2 ferred from State to Federal custody during the 3 agreement period.’’. 4 (b) DETENTION, RELEASE, AND REMOVAL OF 5 ALIENS ORDERED REMOVED.— 6 (1) REMOVAL 7 (A) IN PERIOD.— GENERAL.—Subparagraph (A) of 8 section 241(a)(1) of the Immigration and Na- 9 tionality Act (8 U.S.C. 1231(a)(1)(A)) is 10 amended by striking ‘‘Attorney General’’ and 11 inserting ‘‘Secretary of Homeland Security’’. 12 (B) BEGINNING OF PERIOD.—Subpara- 13 graph (B) of section 241(a)(1) of the Immigra- 14 tion 15 1231(a)(1)(B)) is amended to read as follows: and Nationality 16 ‘‘(B) BEGINNING 17 ‘‘(i) IN Act (8 U.S.C. OF PERIOD.— GENERAL.—Subject to clause 18 (ii), the removal period begins on the date 19 that is the latest of the following: 20 ‘‘(I) If a court, the Board of Im- 21 migration Appeals, or an immigration 22 judge orders a stay of the removal of 23 the alien, the date the stay of removal 24 ends; MDM17980 S.L.C. 268 1 ‘‘(II) If the alien is ordered re- 2 moved, the date the removal order be- 3 comes administratively final and the 4 Secretary takes the alien into custody 5 for removal; 6 ‘‘(III) If the alien is detained or 7 confined (except under an immigra- 8 tion process), the date the alien is re- 9 leased from detention or confinement. 10 ‘‘(ii) BEGINNING OF REMOVAL PERIOD 11 FOLLOWING A TRANSFER OF CUSTODY.—If 12 the Secretary transfers custody of the alien 13 pursuant to law to another Federal agency 14 or to an agency of a State or local govern- 15 ment in connection with the official duties 16 of such agency, the removal period for the 17 alien— 18 ‘‘(I) shall be tolled; and 19 ‘‘(II) shall resume on the date 20 the alien is returned to the custody of 21 the Secretary.’’. 22 (C) SUSPENSION OF PERIOD.—Subpara- 23 graph (C) of section 241(a)(1) of the Immigra- 24 tion 25 1231(a)(1)(C)) is amended to read as follows: and Nationality Act (8 U.S.C. MDM17980 S.L.C. 269 1 ‘‘(C) SUSPENSION OF PERIOD.—The re- 2 moval period shall be extended beyond a period 3 of 90 days and the alien may remain in deten- 4 tion during such extended period if the alien— 5 ‘‘(i) fails or refuses to make all rea- 6 sonable efforts to comply with the order of 7 removal or to fully cooperate with the ef- 8 forts of the Secretary of Homeland Secu- 9 rity to establish the alien’s identity and 10 carry out the order of removal, including 11 making timely application in good faith for 12 travel or other documents necessary to the 13 alien’s departure; or 14 ‘‘(ii) conspires or acts to prevent the 15 alien’s removal subject to an order of re- 16 moval.’’. 17 (2) DETENTION.—Paragraph (2) of section 18 241(a) of the Immigration and Nationality Act (8 19 U.S.C. 1231(a)(2)) is amended— 20 (A) by inserting ‘‘(A)’’ before ‘‘During’’; 21 (B) by striking ‘‘Attorney General’’ and in- 22 serting ‘‘Secretary of Homeland Security’’; and 23 (C) by adding at the end the following: 24 ‘‘(B) DURING 25 A PENDENCY OF A STAY.— If a court, the Board of Immigration Appeals, MDM17980 S.L.C. 270 1 or an immigration judge orders a stay of re- 2 moval of an alien who is subject to an order of 3 removal, the Secretary of Homeland Security in 4 the Secretary’s sole and unreviewable exercise 5 of discretion, and notwithstanding any provision 6 of law including 28 U.S.C. 2241, may detain 7 the alien during the pendency of such stay of 8 removal.’’. 9 (3) SUSPENSION AFTER 90-DAY PERIOD.—Para- 10 graph (3) of section 241(a) of the Immigration and 11 Nationality Act (8 U.S.C. 1231(a)(3)) is amended— 12 (A) in the matter preceding subparagraph 13 (A), by striking ‘‘Attorney General’’ and insert- 14 ing ‘‘Secretary of Homeland Security’’; 15 (B) in subparagraph (C), by striking ‘‘At- 16 torney General’’ and inserting ‘‘Secretary’’; and 17 (C) by amending subparagraph (D) to read 18 as follows: 19 ‘‘(D) to obey reasonable restrictions on the 20 alien’s conduct or activities, or to perform af- 21 firmative acts, that the Secretary prescribes for 22 the alien, in order to prevent the alien from ab- 23 sconding, for the protection of the community, 24 or for other purposes related to the enforcement 25 of the immigration laws.’’. MDM17980 S.L.C. 271 1 (4) ALIENS IMPRISONED, ARRESTED, OR ON PA- 2 ROLE, 3 Paragraph (4) of section 241(a) of the Immigration 4 and Nationality Act (8 U.S.C. 1231(a)(4)) is 5 amended— SUPERVISED RELEASE, OR PROBATION.— 6 (A) in subparagraph (A), by striking ‘‘At- 7 torney General’’ and inserting ‘‘Secretary of 8 Homeland Security’’; and 9 (B) in subparagraph (B)— 10 (i) in the matter preceding clause (i), 11 by striking ‘‘Attorney General’’ and insert- 12 ing ‘‘Secretary of Homeland Security’’; 13 (I) in clause (i), by striking ‘‘if 14 the Attorney General’’ and inserting 15 ‘‘if the Secretary’’; and 16 (II) in clause (ii)(III), by striking 17 ‘‘Attorney 18 ‘‘Secretary’’. 19 (5) REINSTATEMENT 20 General’’ OF and inserting REMOVAL ORDERS AGAINST ALIENS ILLEGALLY REENTERING.— 21 (A) Paragraph (5) of section 241(a) of the 22 Immigration and Nationality Act (8 U.S.C. 23 1231(a)(5)) is amended to read as follows: 24 ‘‘(5) REINSTATEMENT 25 OF REMOVAL ORDERS AGAINST ALIENS ILLEGALLY REENTERING.—If the MDM17980 S.L.C. 272 1 Secretary of Homeland Security finds that an alien 2 has entered the United States illegally after having 3 been removed, deported, or excluded or having de- 4 parted voluntarily, under an order of removal, depor- 5 tation, or exclusion, regardless of the date of the 6 original order or the date of the illegal entry— 7 ‘‘(A) the order of removal, deportation, or 8 exclusion is reinstated from its original date 9 and is not subject to being reopened or reviewed 10 notwithstanding section 242(a)(2)(D); 11 ‘‘(B) the alien is not eligible and may not 12 apply for any relief under this Act, regardless 13 of the date that an application or request for 14 such relief may have been filed or made; and 15 ‘‘(C) the alien shall be removed under the 16 order of removal, deportation, or exclusion at 17 any time after the illegal entry. . 18 ″Reinstatement under this paragraph shall not re- 19 quire proceedings under section 240 or other pro- 20 ceedings before an immigration judge.″’’. 21 (B) JUDICIAL REVIEW.—Section 242 of 22 the Immigration and Nationality Act (8 U.S.C. 23 1252) is amended by adding at the end the fol- 24 lowing: MDM17980 S.L.C. 273 1 ‘‘(h) JUDICIAL REVIEW DECISION OF TO 2 REINSTATE REMOVAL ORDER UNDER SECTION 3 241(A)(5).— 4 ‘‘(1) REVIEW OF DECISION TO REIN- 5 STATE REMOVAL ORDER.—Judicial 6 of determinations under section 241(a)(5) 7 is available in an action under subsection 8 (a). 9 ‘‘(2) NO REVIEW OF review ORIGINAL 10 ORDER.—Notwithstanding 11 sion of law (statutory or nonstatutory), in- 12 cluding section 2241 of title 28, United 13 States Code, any other habeas corpus pro- 14 vision, or sections 1361 and 1651 of such 15 title, no court shall have jurisdiction to re- 16 view any cause or claim, arising from, or 17 relating to, any challenge to the original 18 order.’’. 19 (C) EFFECTIVE any other provi- DATE.—The amendments 20 made by subparagraphs (A) and (B) shall take 21 effect as if enacted on April 1, 1997, and shall 22 apply to all orders reinstated or after that date 23 by the Secretary of Homeland Security (or by 24 the Attorney General prior to March 1, 2003), 25 regardless of the date of the original order. MDM17980 S.L.C. 274 1 (6) INADMISSIBLE OR CRIMINAL ALIENS.— 2 Paragraph (6) of section 241(a) of the Immigration 3 and Nationality Act (8 U.S.C. 1231(a)(6)) is 4 amended— 5 (A) by striking ‘‘Attorney General’’ and in- 6 serting ‘‘Secretary of Homeland Security’’; and 7 (B) by striking ‘‘removal period and, if re- 8 leased,’’ and inserting ‘‘removal period, in the 9 discretion of the Secretary, without any limita- 10 tions other than those specified in this section, 11 until the alien is removed.’’. 12 (7) PAROLE; ADDITIONAL RULES; JUDICIAL RE- 13 VIEW.—Subsection 14 gration and Nationality Act (8 U.S.C. 1231(a)) is 15 amended— (a) of section 241 of the Immi- 16 (A) in paragraph (7), by striking ‘‘Attor- 17 ney General’’ and inserting ‘‘Secretary of 18 Homeland Security’’; 19 20 21 (B) by redesignating paragraph (7) as paragraph (14); and (C) by inserting after paragraph (6) the 22 following: 23 ‘‘(7) PAROLE.—If an alien detained pursuant to 24 paragraph (6) is an applicant for admission, the 25 Secretary of Homeland Security, in the Secretary’s MDM17980 S.L.C. 275 1 discretion, may parole the alien under section 2 212(d)(5) and may provide, notwithstanding section 3 212(d)(5), that the alien shall not be returned to 4 custody unless either the alien violates the conditions 5 of such parole or the alien’s removal becomes rea- 6 sonably foreseeable, provided that in no cir- 7 cumstance shall such alien be considered admitted. 8 9 10 11 12 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR RELEASE OF CERTAIN ALIENS WHO WERE PREVIOUSLY ADMITTED TO THE UNITED STATES.— ‘‘(A) APPLICATION.—The procedures set out under this paragraph— 13 ‘‘(i) apply only to an alien who were 14 previously admitted to the United States; 15 and 16 ‘‘(ii) do not apply to any other alien, 17 including an alien detained pursuant to 18 paragraph (6). 19 ‘‘(B) ESTABLISHMENT OF A DETENTION 20 REVIEW PROCESS FOR ALIENS WHO FULLY CO- 21 OPERATE WITH REMOVAL.— 22 ‘‘(i) REQUIREMENT TO ESTABLISH.— 23 For an alien who has made all reasonable 24 efforts to comply with a removal order and 25 to cooperate fully with the efforts of the MDM17980 S.L.C. 276 1 Secretary of Homeland Security to estab- 2 lish the alien’s identity and carry out the 3 removal order, including making timely ap- 4 plication in good faith for travel or other 5 documents necessary to the alien’s depar- 6 ture, and has not conspired or acted to 7 prevent removal, the Secretary shall estab- 8 lish an administrative review process to de- 9 termine whether the alien should be de- 10 tained or released on conditions. 11 ‘‘(ii) 12 retary shall— 13 ‘‘(I) DETERMINATIONS.—The make a Sec- determination 14 whether to release an alien described 15 in clause (i) after the end of the 16 alien’s removal period; and 17 ‘‘(II) in making a determination 18 under subclause (I), consider any evi- 19 dence submitted by the alien, and may 20 consider any other evidence, including 21 any information or assistance pro- 22 vided by the Department of State or 23 other Federal agency and any other 24 information available to the Secretary MDM17980 S.L.C. 277 1 pertaining to the ability to remove the 2 alien. 3 4 5 ‘‘(9) AUTHORITY TO DETAIN BEYOND THE RE- MOVAL PERIOD.— ‘‘(A) IN GENERAL.—The Secretary of 6 Homeland Security, in the exercise of discre- 7 tion, without any limitations other than those 8 specified in this section, may continue to detain 9 an alien for 90 days beyond the removal period 10 (including any extension of the removal period 11 as provided in subsection (a)(1)(C)). 12 ‘‘(B) LENGTH OF DETENTION.—The Sec- 13 retary, in the exercise of discretion, without any 14 limitations other than those specified in this 15 section, may continue to detain an alien beyond 16 the 90 days authorized in subparagraph (A)— 17 ‘‘(i) until the alien is removed, if the 18 Secretary determines that— 19 ‘‘(I) there is a significant likeli- 20 hood that the alien will be removed in 21 the reasonably foreseeable future; 22 ‘‘(II) the alien would be removed 23 in the reasonably foreseeable future, 24 or would have been removed, but for 25 the alien’s failure or refusal to make MDM17980 S.L.C. 278 1 all reasonable efforts to comply with 2 the removal order, or to cooperate 3 fully with the Secretary’s efforts to es- 4 tablish the alien’s identity and carry 5 out the removal order, including mak- 6 ing timely application in good faith 7 for travel or other documents nec- 8 essary to the alien’s departure, or con- 9 spiracies or acts to prevent removal; 10 ‘‘(III) the government of the for- 11 eign country of which the alien is a 12 citizen, subject, national, or resident 13 is denying or unreasonably delaying 14 accepting the return of such alien 15 after the Secretary asks whether the 16 government will accept an alien under 17 section 243(d); or 18 ‘‘(IV) the government of the for- 19 eign country of which the alien is a 20 citizen, subject, national, or resident 21 is refusing to issue any required travel 22 or identity documents to allow such 23 alien to return to that country; 24 ‘‘(ii) until the alien is removed, if the 25 Secretary certifies in writing— MDM17980 S.L.C. 279 1 ‘‘(I) in consultation with the Sec- 2 retary of Health and Human Services, 3 that the alien has a highly contagious 4 disease that poses a threat to public 5 safety; 6 ‘‘(II) after receipt of a written 7 recommendation from the Secretary of 8 State, that release of the alien is like- 9 ly to have serious adverse foreign pol- 10 icy 11 States; consequences for the United 12 ‘‘(III) based on information avail- 13 able to the Secretary of Homeland Se- 14 curity (including classified, sensitive, 15 or national security information, and 16 without regard to the grounds upon 17 which the alien was ordered removed), 18 that there is reason to believe that the 19 release of the alien would threaten the 20 national security of the United States; 21 or 22 ‘‘(IV) that the release of the alien 23 will threaten the safety of the commu- 24 nity or any person, conditions of re- 25 lease cannot reasonably be expected to MDM17980 S.L.C. 280 1 ensure the safety of the community or 2 any person, and either— 3 ‘‘(aa) the alien has been 4 convicted of 1 or more aggra- 5 vated felonies (as defined in sec- 6 tion 101(a)(43)), 1 or more 7 crimes identified by the Secretary 8 of Homeland Security by regula- 9 tion, or 1 or more attempts or 10 conspiracies to commit any such 11 aggravated felonies or such iden- 12 tified crimes, provided that the 13 aggregate term of imprisonment 14 for such attempts or conspiracies 15 is at least 5 years; or 16 ‘‘(bb) the alien has com- 17 mitted 1 or more violent offenses 18 (but not including a purely polit- 19 ical offense) and, because of a 20 mental condition or personality 21 disorder and behavior associated 22 with that condition or disorder, 23 the alien is likely to engage in 24 acts of violence in the future; or MDM17980 S.L.C. 281 1 ‘‘(V) that the release of the alien 2 will threaten the safety of the commu- 3 nity or any person, conditions of re- 4 lease cannot reasonably be expected to 5 ensure the safety of the community or 6 any person, and the alien has been 7 convicted of at least 1 aggravated fel- 8 ony 9 101(a)(43)); and (as defined in section 10 ‘‘(iii) pending a determination under 11 subparagraph (B), if the Secretary has ini- 12 tiated the administrative review process 13 not later than 30 days after the expiration 14 of the removal period (including any exten- 15 sion of the removal period as provided in 16 subsection (a)(1)(C)). 17 18 ‘‘(10) RENEWAL AND DELEGATION OF CERTIFI- CATION.— 19 ‘‘(A) RENEWAL.—The Secretary of Home- 20 land Security may renew a certification under 21 subparagraph (B)(ii) every 6 months without 22 limitation, after providing an opportunity for 23 the alien to request reconsideration of the cer- 24 tification and to submit documents or other evi- 25 dence in support of that request. If the Sec- MDM17980 S.L.C. 282 1 retary does not renew a certification, the Sec- 2 retary may not continue to detain the alien 3 under subparagraph (B)(ii). 4 ‘‘(B) DELEGATION.—Notwithstanding sec- 5 tion 103, the Secretary of Homeland Security 6 may not delegate the authority to make or 7 renew a certification described in item (II), 8 (III), or (IV) of subparagraph (B)(ii) to an offi- 9 cial below the level of the Director of U.S. Im- 10 migration and Customs Enforcement. 11 ‘‘(11) RELEASE ON CONDITIONS.—If it is deter- 12 mined that an alien should be released from deten- 13 tion, the Secretary of Homeland Security, in the ex- 14 ercise of discretion, may impose conditions on re- 15 lease as provided in paragraph (3). 16 ‘‘(12) REDETENTION.—The Secretary of Home- 17 land Security, in the exercise of discretion, without 18 any limitations other than those specified in this sec- 19 tion, may again detain any alien subject to a final 20 removal order who is released from custody if the 21 alien fails to comply with the conditions of release 22 or to continue to satisfy the conditions described in 23 subparagraph (8)(A), or if, upon reconsideration, the 24 Secretary determines that the alien can be detained 25 under subparagraph (8)(B). Paragraphs (6) through MDM17980 S.L.C. 283 1 (14) shall apply to any alien returned to custody 2 pursuant to this subparagraph, as if the removal pe- 3 riod terminated on the day of the redetention. 4 ‘‘(13) CERTAIN ALIENS WHO EFFECTED 5 ENTRY.—If 6 neither been lawfully admitted nor physically present 7 in the United States continuously for the 2-year pe- 8 riod immediately prior to the commencement of re- 9 moval proceedings under this Act against the alien, 10 the Secretary of Homeland Security in the exercise 11 of discretion may decide not to apply paragraph (8) 12 and detain the alien without any limitations except 13 those which the Secretary shall adopt by regulation. 14 an alien has effected an entry but has ‘‘(14) JUDICIAL REVIEW.—Without regard to 15 the place of confinement, judicial review of any ac- 16 tion or decision pursuant to paragraph (6) through 17 (14) shall be available exclusively in habeas corpus 18 proceedings instituted in the United States District 19 Court for the District of Columbia, and only if the 20 alien has exhausted all administrative remedies 21 (statutory and regulatory) available to the alien as 22 of right.’’. 23 (c) DETENTION 24 CEEDINGS.— OF ALIENS DURING REMOVAL PRO- MDM17980 S.L.C. 284 1 (1) IN GENERAL.—Section 235 of the Immigra- 2 tion and Nationality Act (8 U.S.C. 1225) is amend- 3 ed by adding at the end the following: 4 ‘‘(e) LENGTH OF DETENTION.— 5 ‘‘(1) IN GENERAL.—An alien may be detained 6 under this section while proceedings are pending, 7 without limitation, until the alien is subject to an 8 administratively final order of removal. 9 ‘‘(2) EFFECT ON DETENTION UNDER SECTION 10 241.—The 11 shall not affect the validity of any detention under 12 section 241. 13 ‘‘(f) JUDICIAL REVIEW.—Without regard to the place length of detention under this section 14 of confinement, judicial review of any action or decision 15 made pursuant to subsection (e) shall be available exclu16 sively in a habeas corpus proceeding instituted in the 17 United States District Court for the District of Columbia 18 and only if the alien has exhausted all administrative rem19 edies (statutory and nonstatutory) available to the alien 20 as of right.’’. 21 (2) CONFORMING AMENDMENTS.—Section 236 22 of the Immigration and Nationality Act (8 U.S.C. 23 1226) is amended— 24 (A) in subsection (e), by inserting ‘‘With- 25 out regard to the place of confinement, judicial MDM17980 S.L.C. 285 1 review of any action or decision made pursuant 2 to section 235(f) shall be available exclusively in 3 a habeas corpus proceeding instituted in the 4 United States District Court for the District of 5 Columbia, and only if the alien has exhausted 6 all administrative remedies (statutory and non- 7 statutory) available to the alien as of right.’’ at 8 the end; and 9 10 (B) by adding at the end the following: ‘‘(f) LENGTH OF DETENTION.— 11 ‘‘(1) IN GENERAL.—An alien may be detained 12 under this section, without limitation, until the alien 13 is subject to an administratively final order of re- 14 moval. 15 ‘‘(2) EFFECT ON DETENTION UNDER SECTION 16 241.—The 17 shall not affect the validity of any detention under 18 section 241.’’. 19 (d) ATTORNEY GENERAL’S DISCRETION 20 MINING length of detention under this section COUNTRIES OF IN DETER- REMOVAL.—Section 241(b) of the 21 Immigration and Nationality Act (8 U.S.C. 1231(b)) is 22 amended— 23 (1) in paragraph (1)(C)(iv), by striking the pe- 24 riod at the end and inserting ‘‘, or the Attorney 25 General decides that removing the alien to the coun- MDM17980 S.L.C. 286 1 try is prejudicial to the interests of the United 2 States.’’; 3 (2) in paragraph (2)(E)(vii), by inserting ‘‘or 4 the Attorney General decides that removing the alien 5 to one or more of such countries is prejudicial to the 6 interests of the United States,’’ after ‘‘this subpara- 7 graph,’’. 8 (e) EFFECTIVE DATES AND APPLICATION.— 9 (1) AMENDMENTS MADE BY SUBSECTION (B).— 10 The amendments made by subsection (b) shall take 11 effect on the date of the enactment of this Act, and 12 section 241 of the Immigration and Nationality Act, 13 as amended by subsection (b), shall apply to— 14 (A) all aliens subject to a final administra- 15 tive removal, deportation, or exclusion order 16 that was issued before, on, or after the date of 17 the enactment of this Act; and 18 (B) acts and conditions occurring or exist- 19 ing before, on, or after the date of the enact- 20 ment of this Act. 21 (2) AMENDMENTS MADE BY SUBSECTION (C).— 22 The amendments made by subsection (c) shall take 23 effect upon the date of the enactment of this Act, 24 and sections 235 and 236 of the Immigration and 25 Nationality Act, as amended by subsection (c), shall MDM17980 S.L.C. 287 1 apply to any alien in detention under provisions of 2 such sections on or after the date of the enactment 3 of this Act. 4 5 SEC. 505. GAO STUDY ON DEATHS IN CUSTODY. The Comptroller General of the United States shall 6 submit to Congress within 6 months after the date of the 7 enactment of this Act, a report on the deaths in custody 8 of detainees held by the Department of Homeland Secu9 rity. The report shall include the following information 10 with respect to any such deaths and in connection there11 with: 12 (1) Whether any such deaths could have been 13 prevented by the delivery of medical treatment ad- 14 ministered while the detainee is in the custody of the 15 Department of Homeland Security. 16 17 (2) Whether Department practice and procedures were properly followed and obeyed. 18 (3) Whether such practice and procedures are 19 sufficient to protect the health and safety of such 20 detainees. 21 22 23 24 (4) Whether reports of such deaths were made to the Deaths in Custody Reporting Program. SEC. 506. GAO STUDY ON MIGRANT DEATHS. Within 120 days of the date of enactment and by the 25 end of each fiscal year thereafter, the Comptroller General MDM17980 S.L.C. 288 1 of the United States shall submit to the Committee on 2 the Judiciary and Committee on Homeland Security and 3 Governmental Affairs of the Senate and the Committee 4 on the Judiciary and Committee on Homeland Security 5 of the House, a report on: 6 7 8 9 (1) the total number of migrant deaths along the southern border in the last 5 years; (2) the total number of unidentified deceased migrants found along the southern border; 10 (3) the level of cooperation between U.S. Cus- 11 toms and Border Protection, local and State law en- 12 forcement, foreign diplomatic and consular posts, 13 nongovernmental organizations, and family members 14 to accurately identify deceased individuals; 15 (4) the use of DNA testing and sharing of such 16 data between U.S. Customs and Border Protection, 17 local and State law enforcement, foreign diplomatic 18 and consular posts, and nongovernmental organiza- 19 tions to accurately identify deceased individuals; 20 (5) the comparison of DNA data with informa- 21 tion on Federal, state, and local missing person reg- 22 istries; and 23 (6) the procedures and processes U.S. Customs 24 and Border Protection has in place for notification MDM17980 S.L.C. 289 1 of relevant authorities or family members after miss- 2 ing persons are identified through DNA testing. 3 SEC. 507. STATUTE OF LIMITATIONS FOR VISA, NATU- 4 RALIZATION, AND OTHER FRAUD OFFENSES 5 INVOLVING WAR CRIMES OR HUMAN RIGHTS 6 VIOLATIONS. 7 (a) STATUTE OF LIMITATIONS FOR VISA FRAUD AND 8 OTHER OFFENSES.—Chapter 213, Title 18, United 9 States Code, is amended by adding new section 3302, as 10 follows: 11 ‘‘SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN 12 RIGHTS VIOLATIONS OR WAR CRIMES. 13 ‘‘(a) No person shall be prosecuted, tried, or punished 14 for violation of any provision of sections 1001 and 1015 15 of chapter 47, section 1425 of chapter 63, section 1546 16 of chapter 75, section 1621 of chapter 79, and section 17 3291 of chapter 212A of title 18 of the United States 18 Code, or for attempt or conspiracy to violate any of such 19 sections, when the fraudulent conduct, misrepresentation, 20 concealment, or fraudulent, fictitious, or false statement 21 concerns the alleged offender’s participation, at any time, 22 at any place, and irrespective of the nationality of the al23 leged offender or any victim, in a human rights violation 24 or war crime, or the alleged offender’s membership in, 25 service in, or authority over a military, paramilitary, or MDM17980 S.L.C. 290 1 police organization that participated in such conduct dur2 ing any part of any period in which the alleged offender 3 was a member of, served in, or had authority over the or4 ganization, unless the indictment is found or the informa5 tion is instituted within 20 years after the commission of 6 the offense, except that an indictment may be found, or 7 information instituted, at any time without limitation if 8 the commission of such human rights violation or war 9 crime resulted in the death of any person. 10 ‘‘(b) For purposes of subsection (a), ‘human rights 11 violation or war crime’ means genocide, incitement to 12 genocide, war crimes, torture, female genital mutilation, 13 extrajudicial killing under color of foreign law, persecu14 tion, particularly severe violation of religious freedom by 15 a foreign government official, or the use or recruitment 16 of child soldiers. 17 ‘‘(c) For purposes of subsection (b), 18 19 ‘‘(1) ‘genocide’ means conduct described in section 1091(a) of chapter 50A of this title, 20 ‘‘(2) ‘incitement to genocide’ means conduct de- 21 scribed in section 1091(c) of chapter 50A of this 22 title, 23 ‘‘(3) ‘war crimes’ means conduct described in 24 subsections (c) and (d) of section 2441 of chapter 25 118 of this title, MDM17980 S.L.C. 291 1 ‘‘(4) ‘torture’ means conduct described in sub- 2 sections (1) and (2) of section 2340 of chapter 113C 3 of this title, 4 5 ‘‘(5) ‘female genital mutilation’ means conduct described in section 116 of chapter 7 of this title, 6 ‘‘(6) ‘extrajudicial killing under color of foreign 7 law’ 8 1182(a)(3)(E)(iii) of chapter 12 of title 8 of the 9 United States Code, means conduct specified in section 10 ‘‘(7) ‘persecution’ means conduct that is a bar 11 to relief under section 1158(b)(2)(A)(i) of chapter 12 12 of title 8 of the United States Code, 13 ‘‘(8) ‘particularly severe violation of religious 14 freedom’ 15 6402(13) of chapter 73 of title 22 of the United 16 States Code, and means conduct described in section 17 ‘‘(9) ‘use or recruitment of child soldiers’ means 18 conduct described in subsections (a) and (d) of sec- 19 tion 2442 of chapter 118 of this title.’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 this section shall apply to fraudulent conduct, misrepre22 sentations, concealments, and fraudulent, fictitious, or 23 false statements made or committed before, on, or after 24 the date of enactment of this Act. MDM17980 S.L.C. 292 1 2 3 SEC. 508. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC SAFETY. (a) IN GENERAL.—Section 3142(e) of title 18, 4 United States Code, is amended to read as follows: 5 6 ‘‘(e) DETENTION.— ‘‘(1) IN GENERAL.—If, after a hearing pursu- 7 ant to the provisions of subsection (f), the judicial 8 officer finds that no condition or combination of con- 9 ditions will reasonably assure the appearance of the 10 person as required and the safety of any other per- 11 son and the community, such judicial officer shall 12 order the detention of the person before trial. 13 ‘‘(2) PRESUMPTION ARISING FROM OFFENSES 14 DESCRIBED IN SUBSECTION (F)(1).—In 15 scribed in subsection (f)(1) of this section, a rebutta- 16 ble presumption arises that no condition or combina- 17 tion of conditions will reasonably assure the safety 18 of any other person and the community if such judi- 19 cial officer finds that— a case de- 20 ‘‘(A) the person has been convicted of a 21 Federal offense that is described in subsection 22 (f)(1), or of a State or local offense that would 23 have been an offense described in subsection 24 (f)(1) of this section if a circumstance giving 25 rise to Federal jurisdiction had existed; MDM17980 S.L.C. 293 1 ‘‘(B) the offense described in subparagraph 2 (A) was committed while the person was on re- 3 lease pending trial for a Federal, State, or local 4 offense; and 5 ‘‘(C) a period of not more than 5 years has 6 elapsed since the date of conviction or the re- 7 lease of the person from imprisonment, for the 8 offense described in subparagraph (A), which- 9 ever is later. 10 ‘‘(3) PRESUMPTION ARISING FROM OTHER OF- 11 FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE- 12 ARMS, VIOLENCE, OR MINORS.—Subject 13 by the person, it shall be presumed that no condition 14 or combination of conditions will reasonably assure 15 the appearance of the person as required and the 16 safety of the community if the judicial officer finds 17 that there is probable cause to believe that the per- 18 son committed— to rebuttal 19 ‘‘(A) an offense for which a maximum 20 term of imprisonment of 10 years or more is 21 prescribed in the Controlled Substances Act (21 22 U.S.C. 801 et seq.), the Controlled Substances 23 Import and Export Act (21 U.S.C. 951 et seq.), 24 or chapter 705 of title 46; MDM17980 S.L.C. 294 1 2 ‘‘(B) an offense under section 924(c), 956(a), or 2332b of this title; 3 ‘‘(C) an offense listed in section 4 2332b(g)(5)(B) of this title for which a max- 5 imum term of imprisonment of 10 years or 6 more is prescribed; or 7 ‘‘(D) an offense involving a minor victim 8 under 9 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), section 1201, 1591, 2241, 2242, 10 2252(a)(2), 11 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 12 2421, 2422, 2423, or 2425 of this title. 13 ‘‘(4) PRESUMPTION 2252(a)(3), 2252A(a)(1), ARISING FROM OFFENSES 14 RELATING TO IMMIGRATION LAW.—Subject 15 tal by the person, it shall be presumed that no con- 16 dition or combination of conditions will reasonably 17 assure the appearance of the person as required if 18 the judicial officer finds that there is probable cause 19 to believe that the person is an alien and that the 20 person— 21 22 23 24 to rebut- ‘‘(A) has no lawful immigration status in the United States; ‘‘(B) is the subject of a final order of removal; or MDM17980 S.L.C. 295 1 ‘‘(C) has committed a felony offense under 2 section 842(i)(5), 911, 922(g)(5), 1015, 1028, 3 1028A, 1425, or 1426 of this title, or any sec- 4 tion of chapters 75 and 77 of this title, or sec- 5 tion 243, 274, 275, 276, 277, or 278 of the Im- 6 migration and Nationality Act (8 U.S.C. 1253, 7 1324, 1325, 1326, 1327, and 1328).’’. 8 9 (b) IMMIGRATION STATUS MINING CONDITIONS OF AS FACTOR IN DETER- RELEASE.—Section 3142(g)(3) 10 of title 18, United States Code, is amended— 11 12 13 (1) in subparagraph (A), by striking ‘‘and’’ at the end; and (2) by adding at the end the following: 14 ‘‘(C) whether the person is in a lawful im- 15 migration status, has previously entered the 16 United States illegally, has previously been re- 17 moved from the United States, or has otherwise 18 violated the conditions of his or her lawful im- 19 migration status; and’’. 20 21 22 SEC. 509. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM. (a) IN GENERAL.—Chapter 113B of title 18, United 23 States Code, is amended by inserting after section 2332b 24 the following: MDM17980 S.L.C. 296 1 ‘‘§ 2332c. Recruitment of persons to participate in ter2 rorism 3 ‘‘(a) OFFENSES.— 4 ‘‘(1) IN GENERAL.—It shall be unlawful for any 5 person to employ, solicit, induce, command, or cause 6 another person to commit an act of domestic ter- 7 rorism or international terrorism or a Federal crime 8 of terrorism, with the intent that the other person 9 commit such act or crime of terrorism. 10 ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be 11 unlawful for any person to attempt or conspire to 12 commit an offense under paragraph (1). 13 ‘‘(b) PENALTIES.—Any person who violates sub- 14 section (a)— 15 ‘‘(1) in the case of an attempt or conspiracy, 16 shall be fined under this title, imprisoned not more 17 than 10 years, or both; 18 ‘‘(2) if death of an individual results, shall be 19 fined under this title, punished by death or impris- 20 oned for any term of years or for life, or both; 21 ‘‘(3) if serious bodily injury to any individual 22 results, shall be fined under this title, imprisoned 23 not less than 10 years nor more than 25 years, or 24 both; and 25 26 ‘‘(4) in any other case, shall be fined under this title, imprisoned not more than 10 years, or both. MDM17980 S.L.C. 297 1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec- 2 tion shall be construed or applied so as to abridge the ex3 ercise of rights guaranteed under the First Amendment 4 to the Constitution of the United States. 5 6 ‘‘(d) LACK A OF CONSUMMATED TERRORIST ACT NOT DEFENSE.—It is not a defense under this section that 7 the act of domestic terrorism or international terrorism 8 or Federal crime of terrorism that is the object of the em9 ployment, solicitation, inducement, commanding, or caus10 ing has not been done. 11 ‘‘(e) DEFINITIONS.—In this section— 12 ‘‘(1) the term ‘Federal crime of terrorism’ has 13 the meaning given that term in section 2332b; and 14 ‘‘(2) the term ‘serious bodily injury’ has the 15 meaning given that term in section 1365(h).’’. 16 (b) TABLE OF SECTIONS AMENDMENT.—The table of 17 sections at the beginning of chapter 113B of title 18, 18 United States Code, is amended by inserting after the 19 item relating to section 2332b the following: ‘‘2332c. Recruitment of persons to participate in terrorism.’’. 20 SEC. 510. BARRING AND REMOVING PERSECUTORS, WAR 21 CRIMINALS, AND PARTICIPANTS IN CRIMES 22 AGAINST 23 STATES. 24 25 HUMANITY (a) INADMISSIBILITY NALS, AND OF PARTICIPANTS IN FROM THE UNITED PERSECUTORS, WAR CRIMICRIMES AGAINST HUMAN- MDM17980 S.L.C. 298 1 ITY.—Subparagraph (E) of section 212(a)(3) of the Immi- 2 gration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is 3 amended— 4 (1) by striking the subparagraph heading and 5 inserting ‘‘PARTICIPANTS 6 ING NAZI PERSECUTIONS), GENOCIDE, WAR CRIMES, 7 CRIMES AGAINST HUMANITY, OR THE COMMISSION 8 OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILL- 9 ING.—’’; 10 11 IN PERSECUTION (INCLUD- and (2) by adding after subclause (iii) the following: ‘‘(iv) PERSECUTORS, WAR CRIMINALS, 12 AND PARTICIPANTS IN CRIMES AGAINST 13 HUMANITY.—Any 14 who are superior commanders, who com- 15 mitted, ordered, incited, assisted, or other- 16 wise participated in a war crime as defined 17 in section 2441(c) of title 18, United 18 States Code, a crime against humanity, or 19 in the persecution of any person on ac- 20 count of race, religion, nationality, mem- 21 bership in a particular social group, or po- 22 litical opinion, is inadmissible. 23 ‘‘(v) CRIME alien, including those AGAINST HUMANITY DE- 24 FINED.—In 25 ‘crime against humanity’ means conduct this subparagraph, the term MDM17980 S.L.C. 299 1 that is part of a widespread and systematic 2 attack targeting any civilian population, 3 and with knowledge that the conduct was 4 part of the attack or with the intent that 5 the conduct be part of the attack— 6 ‘‘(I) that, if such conduct oc- 7 curred in the United States or in the 8 special maritime and territorial juris- 9 diction of the United States, would 10 violate— 11 ‘‘(aa) section 1111 of title 12 18, United States Code (relating 13 to murder); 14 ‘‘(bb) section 1201(a) of 15 title 18, United States Code (re- 16 lating to kidnapping); 17 ‘‘(cc) section 1203(a) of title 18 18, United States Code (relating 19 to 20 standing any exception under 21 subsection (b) of such section 22 1203; hostage taking), notwith- 23 ‘‘(dd) section 1581(a) of 24 title 18, United States Code (re- 25 lating to peonage); MDM17980 S.L.C. 300 1 ‘‘(ee) section 1583(a)(1) of 2 title 18, United States Code (re- 3 lating to kidnapping or carrying 4 away individuals for involuntary 5 servitude or slavery); 6 ‘‘(ff) section 1584(a) of title 7 18, United States Code (relating 8 to sale into involuntary ser- 9 vitude); 10 ‘‘(gg) section 1589(a) of 11 title 18, United States Code (re- 12 lating to forced labor); 13 ‘‘(hh) section 1590(a) of 14 title 18, United States Code (re- 15 lating to trafficking with respect 16 to peonage, slavery, involuntary 17 servitude, or forced labor); 18 ‘‘(ii) section 1591(a) of title 19 18, United States Code (relating 20 to sex trafficking of children or 21 by force, fraud, or coercion); 22 ‘‘(jj) section 2241(a) of title 23 18, United States Code (relating 24 to aggravated sexual abuse by 25 force or threat); or MDM17980 S.L.C. 301 1 ‘‘(kk) section 2242 of title 2 18, United States Code (relating 3 to sexual abuse); 4 ‘‘(II) that would constitute tor- 5 ture as defined in section 2340(1) of 6 title 18, United States Code; 7 ‘‘(III) that would constitute cruel 8 or inhuman treatment as described in 9 section 2441(d)(1)(B) of title 18, 10 United States Code; 11 ‘‘(IV) that would constitute per- 12 forming biological experiments as de- 13 scribed in section 2441(d)(1)(C) of 14 title 18, United States Code; 15 ‘‘(V) that would constitute muti- 16 lation or maiming as described in sec- 17 tion 2441(d)(1)(E) of title 18, United 18 States Code; or 19 ‘‘(VI) that would constitute in- 20 tentionally causing serious bodily in- 21 jury 22 2441(d)(1)(F) of title 18, United 23 States Code.’’. 24 ‘‘(vi) SYSTEMATIC.—In this subpara- 25 graph, the term ‘systematic’ means the as described in section MDM17980 S.L.C. 302 1 commission of a series of acts following a 2 regular pattern and occurring in an orga- 3 nized, non-random manner. 4 ‘‘(vii) WIDESPREAD.—In this sub- 5 paragraph, the term ‘widespread’ means ei- 6 ther a single, large scale act or a series of 7 acts directed against a substantial number 8 of victims. 9 10 ‘‘(viii) SUPERIOR COMMANDER.—The term ‘superior commander’ means— 11 ‘‘(I) a military commander or a 12 person with effective control of mili- 13 tary forces or an armed group; 14 ‘‘(II) who knew or should have 15 known that a subordinate or someone 16 under his or her effective control is 17 committing acts described in sub- 18 section (a), is about to commit such 19 acts, or had committed such acts; and 20 ‘‘(III) who fails to take the nec- 21 essary and reasonable measures to 22 prevent such acts or, for acts that 23 have been committed, to punish the 24 perpetrators thereof.’’. 25 (3) by revising in (iii)(II) the following: MDM17980 S.L.C. 303 1 (A) by deleting ‘‘ of any foreign nation’’, 2 and 3 (B) by inserting after ‘‘is inadmissible’’ the 4 following clause: 5 ‘‘(III) Color of law. For purposes 6 of this subsection and subsection 7 237(a)(4)(D) only, acting under ‘color 8 of law’ includes acts taken as part of 9 an armed group exercising de facto 10 authority.’’. 11 12 (b) BARRING WAIVER OF INADMISSIBILITY FOR PERSECUTORS.—Subparagraph 13 the Immigration and (A) of section 212(d)(3) of Nationality Act (8 U.S.C. 14 1182(d)(3)(A)) is amended by striking ‘‘and clauses (i) 15 and (ii) of paragraph (3)(E)’’ both places that term ap16 pears and inserting ‘‘and (3)(E)’’. 17 (c) REMOVAL OF PERSECUTORS.—Subparagraph (D) 18 of section 237(a)(4) of the Immigration and Nationality 19 Act (8 U.S.C. 1227(a)(4)(D)) is amended— 20 21 22 23 24 25 (1) by striking ‘‘NAZI’’ in the subparagraph heading; and (2) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or (iv)’’; (3) by inserting after subsection (G), as redesignated by Title VIII of this Act, the following: MDM17980 S.L.C. 304 1 ‘‘(H) Participation in female genital muti- 2 lation. Any alien who has committed, ordered, 3 incited, assisted, or otherwise participated in fe- 4 male genital mutilation, is deportable.’’. 5 6 (d) SEVERE VIOLATIONS DOM.—Section OF RELIGIOUS FREE- 212(a)(2)(G) of the Immigration and Na- 7 tionality Act (8 U.S.C. 1182(a)(2)(G) is amended— 8 (1) in the header, by striking ‘‘Foreign govern- 9 ment officials’’ and replacing it with ‘‘Any persons’’; 10 11 and (2) by striking ‘‘, while serving as a foreign 12 government official,’’. 13 (e) BARRING PERSECUTORS FROM ESTABLISHING 14 GOOD MORAL CHARACTER.—Section 101(f) of the Immi15 gration and Nationality Act (8 U.S.C. 1101(f)) is amend16 ed— 17 (1) in paragraph (9), by striking ‘‘killings) or 18 212(a)(2)(G) (relating to severe violations of reli- 19 gious 20 212(a)(2)(G) (relating to severe violations of reli- 21 gious freedom), or 212(a)(3)(G) (relating to recruit- 22 ment and use of child soldiers);’’; and 23 24 freedom).’’ and inserting ‘‘killings), (2) by inserting after paragraph (9) the following: MDM17980 S.L.C. 305 1 ‘‘(10) one who at any time committed, ordered, 2 incited, assisted, or otherwise participated in the 3 persecution of any person on account of race, reli- 4 gion, nationality, membership in a particular social 5 group, or political opinion is inadmissible; or’’. 6 (f) INCREASING CRIMINAL PENALTIES FOR ANYONE 7 WHO AIDS AND ABETS THE ENTRY OF A PERSECUTOR.— 8 Section 277 of the Immigration and Nationality Act (8 9 U.S.C. 1327) is amended by striking ‘‘(other than sub10 paragraph (E) thereof)’’. 11 (g) INCREASING CRIMINAL PENALTIES FOR FEMALE 12 GENITAL MUTILATION.—Section 116 of Title 18 U.S.C. 13 is amended— 14 (1) in subsection (a), by striking ‘‘ shall be 15 fined under this title or imprisoned not more than 16 5 years, or both’’ at the end, and inserting the fol- 17 lowing: 18 19 20 ‘‘has engaged in a violent crime against 21 children under section 3559(f)(3) of this 22 title and shall be imprisoned for life or for 23 any term of years not less than 10.’’ MDM17980 S.L.C. 306 1 (2) in subsection (d), by striking ‘‘shall be fined 2 under this title or imprisoned not more than 5 years, 3 or both.’’ at the end, and inserting the following: 4 5 6 ‘‘shall be imprisoned for life or for any 7 term of years not less than 10.’’ 8 (h) MATERIAL SUPPORT IN THE RECRUITMENT OR 9 USE OF CHILD SOLDIERS.— 10 (1) Section 212(a)(3)(G) of the Immigration 11 and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is 12 amended by inserting after the ‘‘18,’’ the following 13 new clause: 14 15 16 ‘‘or has provided material support in the 17 recruitment or use of child soldiers in vio- 18 lation of section 2339A of title 18,’’. 19 (2) Section 237(a)(4)(G) of the Immigration 20 and Nationality Act (8 U.S.C. 1227(a)(4)(G)), as 21 amended by Title VIII of this Act, is amended by in- 22 serting after the ‘‘18,’’ the following new clause: 23 24 MDM17980 S.L.C. 307 1 ‘‘or has provided material support in the 2 recruitment or use of child soldiers in vio- 3 lation of section 2339A of title 18,’’. 4 (i) FEMALE GENITAL MUTILATION.—Section 5 212(a)(3) of the Immigration and Nationality Act (8 6 U.S.C. 1182(a)(3)) is amended by inserting new (H) to 7 read as follows: 8 9 ‘‘(H) PARTICIPATION MUTILATION.—Any IN FEMALE GENITAL alien who has ordered, in- 10 cited, assisted, or otherwise participated in fe- 11 male genital mutilation, is inadmissible.’’. 12 13 (j) TECHNICAL AMENDMENTS.— (1) SECTION 101(A)(42).—Section 101(a)(42) of 14 the Immigration and Nationality Act (8 U.S.C. 15 1101(a)(42)) is amended by inserting ‘‘committed,’’ 16 before ‘‘ordered’’. 17 (2) SECTION 208(B)(2)(A)(I).—Section 18 208(b)(2)(A)(i) of the Immigration and Nationality 19 Act (8 U.S.C. 1158(b)(2)(A)(i)) is amended by in- 20 serting ‘‘committed,’’ before ‘‘ordered’’. 21 (3) SECTION 241(B)(3)(B)(I).—Section 22 241(b)(3)(B)(i) of the Immigration and Nationality 23 Act (8 U.S.C. 1231(b)(3)(B)(i)) is amended by in- 24 serting ‘‘committed,’’ before ‘‘ordered’’. MDM17980 S.L.C. 308 1 (k) EFFECTIVE DATE.—The amendments made by 2 this section shall apply to any offense committed before, 3 on, or after the date of enactment of this Act. 4 SEC. 511. GANG MEMBERSHIP, REMOVAL, AND INCREASED 5 CRIMINAL PENALTIES RELATED TO GANG VI- 6 OLENCE. 7 (a) DEFINITION OF CRIMINAL GANG.—Section 8 101(a) of the Immigration and Nationality Act (8 U.S.C. 9 1101(a)) is amended by inserting after subparagraph (52) 10 the following: 11 ‘‘(53)(A) The term ‘criminal gang’ means an 12 ongoing group, club, organization, or association of 13 5 or more persons that— 14 ‘‘(i) has as one of its primary purposes the 15 commission of 1 or more of the criminal of- 16 fenses set out under subparagraph (B) and the 17 members of which engage, or have engaged 18 within the past 5 years, in a continuing series 19 of such offenses; or 20 ‘‘(ii) has been designated as a criminal 21 gang by the Secretary of Homeland Security, in 22 consultation with the Attorney General, as 23 meeting criteria set out in clause (i). 24 ‘‘(B) The offenses described under this sub- 25 paragraph, whether in violation of Federal or State MDM17980 S.L.C. 309 1 law or the law of a foreign country and regardless 2 of whether the offenses occurred before, on, or after 3 the date of the enactment of the Building America’s 4 Trust Act, are the following: 5 ‘‘(i) A felony drug offense (as that term is 6 defined in section 102 of the Controlled Sub- 7 stances Act (21 U.S.C. 802)). 8 ‘‘(ii) An offense involving illicit trafficking 9 in a controlled substance (as defined in section 10 102 of the Controlled Substances Act), includ- 11 ing a drug trafficking crime (as defined in sec- 12 tion 924(c) of title 18, United States Code). 13 ‘‘(iii) An offense under section 274 (relat- 14 ing to bringing in and harboring certain aliens), 15 section 277 (relating to aiding or assisting cer- 16 tain aliens to enter the United States), or sec- 17 tion 278 (relating to importation of alien for 18 immoral purpose). 19 ‘‘(iv) Any offense under Federal, State, or 20 Tribal law, that has, as an element, the use or 21 attempted use of physical force or the threat- 22 ened use of physical force or a deadly weapon. 23 ‘‘(v) Any offense that has as an element 24 the use, attempted use, or threatened use of 25 any physical object to inflict or cause (either di- MDM17980 S.L.C. 310 1 rectly or indirectly) serious bodily injury, in- 2 cluding an injury that may ultimately result in 3 the death of a person. 4 ‘‘(vi) An offense involving obstruction of 5 justice, tampering with or retaliating against a 6 witness, victim, or informant, or burglary. 7 ‘‘(vii) Any conduct punishable under sec- 8 tion 1028 or 1029 of title 18, United States 9 Code (relating to fraud and related activity in 10 connection with identification documents or ac- 11 cess devices), sections 1581 through 1594 of 12 such title (relating to peonage, slavery and traf- 13 ficking in persons), section 1952 of such title 14 (relating to interstate and foreign travel or 15 transportation in aid of racketeering enter- 16 prises), section 1956 of such title (relating to 17 the laundering of monetary instruments), sec- 18 tion 1957 of such title (relating to engaging in 19 monetary transactions in property derived from 20 specified unlawful activity), or sections 2312 21 through 2315 of such title (relating to inter- 22 state transportation of stolen motor vehicles or 23 stolen property). 24 25 ‘‘(viii) A conspiracy to commit an offense described in clauses (i) through (v). MDM17980 S.L.C. 311 1 ‘‘(C) Notwithstanding any other provision of 2 law (including any effective date), a group, club, or- 3 ganization, or association shall be considered a 4 criminal gang regardless of whether the conduct oc- 5 curred before, on, or after the date of the enactment 6 of the Building America’s Trust Act.’’. 7 (b) INADMISSIBILITY.—Paragraph (2) of section 8 212(a) of the Immigration and Nationality Act (8 U.S.C. 9 1182(a)(2)) is amended by adding at the end the fol10 lowing: 11 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 12 GANGS.—Any 13 sular officer, the Secretary of Homeland Secu- 14 rity, or the Attorney General knows or has rea- 15 son to believe— alien is inadmissible who a con- 16 ‘‘(i) to be or to have been a member 17 of a criminal gang (as defined in section 18 101(a)(53)); or 19 ‘‘(ii) to have participated in the activi- 20 ties of a criminal gang (as defined in sec- 21 tion 101(a)(53)), knowing or having reason 22 to know that such activities will promote, 23 further, aid, or support the illegal activity 24 of the criminal gang.’’. MDM17980 S.L.C. 312 1 (c) DEPORTABILITY.—Paragraph (2) of section 2 237(a) of the Immigration and Nationality Act (8 U.S.C. 3 1227(a)(2)) is amended by adding at the end the fol4 lowing: 5 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 6 GANGS.—Any 7 land Security or the Attorney General knows or 8 has reason to believe— alien who the Secretary of Home- 9 ‘‘(i) is or has been a member of a 10 criminal gang (as defined in section 11 101(a)(53)), or 12 ‘‘(ii) has participated in the activities 13 of a criminal gang (as defined in section 14 101(a)(53)) knowing or having reason to 15 know that such activities will promote, fur- 16 ther, aid, or support the illegal activity of 17 the criminal gang, 18 19 20 is deportable.’’. (d) DESIGNATION OF CRIMINAL GANGS.— (1) IN GENERAL.—Chapter 2 of title II of the 21 Immigration and Nationality Act (8 U.S.C. 1181 et 22 seq.) is amended by adding at the end the following: 23 24 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. ‘‘(a) IN GENERAL.—The Secretary of Homeland Se- 25 curity, in consultation with the Attorney General, and the MDM17980 S.L.C. 313 1 Secretary of State may designate a group or association 2 as a criminal gang if their conduct is described in section 3 101(a)(53) or if the group’s or association’s conduct poses 4 a significant risk that threatens the security and the pub5 lic safety of United States nationals or the national secu6 rity, homeland security, foreign policy, or economy of the 7 United States. 8 ‘‘(b) EFFECTIVE DATE.—Designations under sub- 9 section (a) shall remain in effect until the designation is 10 revoked after consultation between the Secretary of Home11 land Security, the Attorney General, and the Secretary of 12 State or is terminated in accordance with Federal law.’’. 13 (2) CLERICAL AMENDMENT.—The table of con- 14 tents in the first section of the Immigration and Na- 15 tionality Act is amended by inserting after the item 16 relating to section 219 the following: ‘‘220. Designation of criminal gangs.’’ 17 (e) ANNUAL REPORT ON DETENTION OF CRIMINAL 18 GANG MEMBERS.—Not later than March 1 of each year 19 (beginning 1 year after the date of the enactment of this 20 Act), the Secretary, after consultation with the heads of 21 appropriate Federal agencies, shall submit to the Com22 mittee on Homeland Security and Governmental Affairs 23 and the Committee on the Judiciary of the Senate and 24 the Committee on Homeland Security and the Committee 25 on the Judiciary of the House of Representatives a report MDM17980 S.L.C. 314 1 on the number of aliens detained who are described by 2 subparagraph (J) of section 212(a)(2) and subparagraph 3 (G) of section 237(a)(2) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(a)(2)(J, 1227(a)(2)(G)), as 5 added by subsections (b) and (c). 6 7 8 9 (f) ASYLUM CLAIMS BASED ON GANG AFFILI- ATION.— (1) INAPPLICABILITY OF RESTRICTION ON RE- MOVAL TO CERTAIN COUNTRIES.—Subparagraph (B) 10 of section 241(b)(3) of the Immigration and Nation- 11 ality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in 12 the matter preceding clause (i), by inserting ‘‘who is 13 described in section 212(a)(2)(J)(i) or section 14 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 15 (2) INELIGIBILITY FOR ASYLUM.—Subpara- 16 graph (A) of section 208(b)(2) of the Immigration 17 and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 18 amended— 19 20 21 22 23 24 (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: MDM17980 S.L.C. 315 1 ‘‘(vi) the alien is described in section 2 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 3 (relating 4 gangs); or’’. 5 to participation in criminal (g) TEMPORARY PROTECTED STATUS.—Section 244 6 of the Immigration and Nationality Act (8 U.S.C. 1254a) 7 is amended— 8 9 10 (1) by striking ‘‘Attorney General’’ each place that term appears and inserting ‘‘Secretary’’; (2) in subsection (c)(2)(B)— 11 12 (A) in clause (i), by striking ‘‘States, or’’ and inserting ‘‘States;’’; 13 14 (B) in clause (ii), by striking the period at the end and inserting ‘‘; or’’; and 15 (C) by adding at the end the following: 16 ‘‘(iii) the alien is, or at any time after 17 admission has been, an alien described in 18 section 19 237(a)(2)(G)(i).’’. 20 212(a)(2)(J)(i) (h) EFFECTIVE DATE AND or section APPLICATION.—The 21 amendments made by this section shall take effect on the 22 date of the enactment of this Act and shall apply to acts 23 that occur before, on, or after the date of the enactment 24 of this Act. MDM17980 S.L.C. 316 1 SEC. 512. BARRING ALIENS WITH CONVICTIONS FOR DRIV- 2 ING UNDER THE INFLUENCE OR WHILE IN- 3 TOXICATED. 4 5 6 (a) AGGRAVATED FELONY DRIVING WHILE INTOXICATED.— (1) DEFINITIONS.—Section 101(a)(43) of the 7 Immigration 8 1101(a)(43)) is amended— 9 10 11 12 13 14 and Nationality Act (8 U.S.C. (A) in subparagraph (T), by striking ‘‘and’’; (B) in subparagraph (U), by striking the period at the end and inserting ‘‘; and’’; and (C) by inserting after subparagraph (U) the following: 15 ‘‘(V) a single conviction for driving while 16 intoxicated (including a conviction for driving 17 while under the influence of or impaired by al- 18 cohol or drugs), when such impaired driving 19 was the cause of the serious bodily injury or 20 death of another person or a second or subse- 21 quent conviction for driving while intoxicated 22 (including a conviction for driving under the in- 23 fluence of or impaired by alcohol or drugs), 24 without regard to whether the conviction is clas- 25 sified as a misdemeanor or felony under State 26 law. For purposes of this paragraph, the Sec- MDM17980 S.L.C. 317 1 retary of Homeland Security or the Attorney 2 General are not required to prove the first con- 3 viction for driving while intoxicated (including a 4 conviction for driving while under the influence 5 of or impaired by alcohol or drugs) as a predi- 6 cate offense and need only make a factual de- 7 termination that the alien was previously con- 8 victed for driving while intoxicated (including a 9 conviction for driving while under the influence 10 of or impaired by alcohol or drugs).’’. 11 (2) EFFECTIVE DATE AND APPLICATION.—The 12 amendments made by this section shall take effect 13 on the date of the enactment of this Act and apply 14 to any conviction entered on or after such date. 15 (b) INADMISSIBILITY 16 17 CATED OR FOR DRIVING WHILE INTOXI- UNDER THE INFLUENCE.— (1) IN GENERAL.—Paragraph (2) of section 18 212(a) of the Immigration and Nationality Act (8 19 U.S.C. 1182(a)(2)), as amended by section 507, is 20 further amended by adding at the end the following: 21 ‘‘(K) DRIVING WHILE INTOXICATED AND 22 UNLAWFULLY PRESENT 23 STATES.—An alien who— IN THE UNITED MDM17980 S.L.C. 318 1 ‘‘(i) is convicted of driving while in- 2 toxicated, driving under the influence, or 3 similar violation of State law, and 4 ‘‘(ii) at the time of the commission of 5 that offense was unlawfully present in the 6 United States because the alien entered 7 without inspection or admission, overstayed 8 the period of stay authorized by the Sec- 9 retary, or violated the terms of the alien’s 10 nonimmigrant visa, 11 is inadmissible.’’. 12 (2) EFFECTIVE DATE AND APPLICATION.—The 13 amendments made by paragraph (1) shall take effect 14 on the date of the enactment of this Act and apply 15 to any conviction entered on or after such date. 16 (c) DEPORTATION 17 18 CATED OR FOR DRIVING WHILE INTOXI- UNDER THE INFLUENCE.— (1) IN GENERAL.—Paragraph (2) of section 19 237(a) of the Immigration and Nationality Act (8 20 U.S.C. 1227(a)(2)), as amended by section 507, is 21 further amended by adding at the end the following: 22 ‘‘(H) DRIVING WHILE INTOXICATED AND 23 WHILE UNLAWFULLY PRESENT IN THE UNITED 24 STATES.—An alien is deportable who— MDM17980 S.L.C. 319 1 ‘‘(i) at the time of commission of the 2 offense is unlawfully present in the United 3 States because the alien entered without 4 inspection or admission, overstayed the pe- 5 riod of stay authorized by the Secretary, or 6 violated the terms of the alien’s non- 7 immigrant visa; and 8 ‘‘(ii) is convicted of driving while in- 9 toxicated, driving under the influence, or 10 similar violation of State law.’’. 11 (2) APPLICATION.—The amendment made by 12 paragraph (1) shall take effect on the date of the en- 13 actment of this Act and apply to any conviction en- 14 tered on or after such date. 15 (d) GOOD MORAL CHARACTER BAR FOR DUI OR 16 DWI CONVICTIONS.— 17 (1) IN GENERAL.—Section 101(f) of the Immi- 18 gration and Nationality Act (8 U.S.C. 1101(f)), as 19 amended by section 506, is further amended by in- 20 serting after paragraph (1) the following: 21 ø‘‘(2) inadmissible under section 212(a)(2)(K) 22 or deportable under section 237(a)(2)(H);¿ 23 ø‘‘(e) 24 TECHNICAL MENTS.—Subsection AND CONFORMING AMEND- (h) of section 212 of the Immigration 25 and Nationality Act (8 U.S.C. 1182(h)) is amended—¿ MDM17980 S.L.C. 320 1 ø‘‘(1) by inserting ‘or the Secretary’ after ‘the 2 Attorney General’ each place such term appears; 3 and¿ 4 ø‘‘(2) in the matter preceding paragraph (1), 5 by striking ‘and (E)’ and inserting ‘(E), and 6 (K)’.’’.¿ 7 ø(2) APPLICATION.—The amendment made by 8 paragraph (1) shall take effect on the date of the en- 9 actment of this Act and apply to any conviction en- 10 tered on or after such date.¿ 11 SEC. 513. BARRING AGGRAVATED FELONS, BORDER CHECK- 12 POINT RUNNERS, AND SEX OFFENDERS FROM 13 ADMISSION TO THE UNITED STATES. 14 (a) INADMISSIBILITY ON CRIMINAL AND RELATED 15 GROUNDS; WAIVERS.—Section 212 of the Immigration 16 and Nationality Act (8 U.S.C. 1182) is amended— 17 18 (1) in subsection (a)(2)— (A) in subparagraph (A)(i)— 19 20 (i) in subclause (I), by striking ‘‘, or’’ and inserting a semicolon; 21 (ii) in subclause (II), by striking the 22 comma at the end and inserting ‘‘; or’’; 23 and 24 25 (iii) by inserting after subclause (II) the following: MDM17980 S.L.C. 321 1 ‘‘(III) a violation of (or a con- 2 spiracy or attempt to violate) any 3 statute relating to section 208 of the 4 Social Security Act (42 U.S.C. 408) 5 (relating to social security account 6 numbers or social security cards) or 7 section 1028 of title 18, United States 8 Code (relating to fraud and related 9 activity in connection with identifica- 10 tion documents, authentication fea- 11 tures, and information);’’; and 12 13 14 (B) by inserting after subparagraph (K), as added by section 508, the following: ‘‘(L) CITIZENSHIP FRAUD.—Any alien con- 15 victed of, or who admits having committed, or 16 who admits committing acts which constitute 17 the essential elements of, a violation of, or an 18 attempt or a conspiracy to violate, subsection 19 (a) or (b) of section 1425 of title 18, United 20 States Code, (relating to the procurement of 21 citizenship or naturalization unlawfully) is inad- 22 missible. 23 ‘‘(M) CERTAIN FIREARM OFFENSES.—Any 24 alien who at any time has been convicted under 25 any law of, or who admits having committed or MDM17980 S.L.C. 322 1 admits committing acts which constitute the es- 2 sential elements of, any law relating to pur- 3 chasing, selling, offering for sale, exchanging, 4 using, owning, possessing, or carrying, or of at- 5 tempting or conspiring to purchase, sell, offer 6 for sale, exchange, use, own, possess, or carry, 7 any weapon, part, or accessory which is a fire- 8 arm or destructive device (as defined in section 9 921(a) of title 18, United States Code) in viola- 10 tion of any law is inadmissible. 11 ‘‘(N) AGGRAVATED FELONS.—Any alien 12 who has been convicted of an aggravated felony 13 as defined in section 101(a)(43) at any time is 14 inadmissible. 15 ‘‘(O) HIGH SPEED FLIGHT.—Any alien 16 who has been convicted of a violation of section 17 758 of title 18, United States Code, (relating to 18 high speed flight from an immigration check- 19 point) is inadmissible. 20 ‘‘(P) FAILURE TO REGISTER AS A SEX OF- 21 FENDER.—Any 22 2250 of title 18, United States Code is inadmis- 23 sible. alien convicted under section MDM17980 S.L.C. 323 1 ‘‘(Q) CRIMES OF VIOLENCE, DOMESTIC 2 STALKING, OR VIOLATION OF PROTECTION OR- 3 DERS; CRIMES AGAINST CHILDREN.— 4 5 6 ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND CHILD ABUSE.— ‘‘(I) IN GENERAL.—Any alien 7 who at any time is or has been con- 8 victed of a crime involving the use or 9 attempted use of physical force, or 10 threatened use of a deadly weapon, a 11 crime of domestic violence, a crime of 12 stalking, or a crime of child abuse, 13 child neglect, or child abandonment is 14 inadmissible. 15 ‘‘(II) CRIME OF DOMESTIC VIO- 16 LENCE 17 this clause, the term ‘crime of domes- 18 tic violence’ means any crime of vio- 19 lence or any offense under Federal, 20 State, or Tribal law, that has, as an 21 element, the use or attempted use of 22 physical force or the threatened use of 23 physical force or a deadly weapon 24 against a person committed by a cur- 25 rent or former spouse of the person, DEFINED.—For purposes of MDM17980 S.L.C. 324 1 by an individual with whom the per- 2 son shares a child in common, by an 3 individual who is cohabiting with or 4 has cohabited with the person as a 5 spouse, by an individual similarly situ- 6 ated to a spouse of the person under 7 the domestic or family violence laws of 8 the jurisdiction where the offense oc- 9 curs, or by any other individual 10 against a person who is protected 11 from that individual’s acts under the 12 domestic or family violence laws of the 13 United States or any State, Indian 14 tribal government, or unit of local 15 government. 16 ‘‘(ii) VIOLATORS 17 18 OF PROTECTION OR- DERS.— ‘‘(I) IN GENERAL.—Any alien 19 who at any time is or has been en- 20 joined under a protection order issued 21 by a court and whom the court deter- 22 mines has engaged in conduct that 23 violates the portion of a protection 24 order that involves protection against 25 credible threats of violence, repeated MDM17980 S.L.C. 325 1 harassment, or bodily injury to the 2 person or persons for whom the pro- 3 tection order was issued is inadmis- 4 sible. 5 ‘‘(II) PROTECTIVE ORDER DE- 6 FINED.—In 7 tection order’ means any injunction 8 issued for the purpose of preventing 9 violent or threatening acts of violence 10 that involve the use or attempted use 11 of physical force, or threatened use of 12 a deadly weapon, committed by a cur- 13 rent or former spouse, parent, or 14 guardian of the victim, by a person 15 with whom the victim shares a child 16 in common, by a person who is cohab- 17 iting with or has cohabited with the 18 victim as a spouse, parent, or guard- 19 ian, or by a person similarly situated 20 to a spouse, parent, or guardian of 21 the victim, including temporary or 22 final orders issued by civil or criminal 23 courts (other than support or child 24 custody orders or provisions) whether 25 obtained by filing an independent ac- this clause, the term ‘pro- MDM17980 S.L.C. 326 1 tion or as an independent order in an- 2 other proceeding. 3 ‘‘(iii) WAIVER AUTHORIZED.—For 4 provision authorizing waiver of this sub- 5 paragraph, see subsection (o).’’; and 6 (2) in subsection (h)— 7 (A) in the matter preceding paragraph (1), 8 as amended by this Act, by further amended by 9 striking ‘‘, and (K)’’, and inserting ‘‘(K), and 10 (M)’’; 11 12 (B) in the matter following paragraph (2)— 13 (i) by striking ‘‘torture.’’ and insert- 14 ing ‘‘torture, or has been convicted of an 15 aggravated felony.’’; and 16 (ii) by striking ‘‘if either since the 17 date of such admission the alien has been 18 convicted of an aggravated felony or the 19 alien’’ and inserting ‘‘if since the date of 20 such admission the alien’’. 21 (3) by adding new subsection (o) to read as fol- 22 lows— 23 ‘‘(o) WAIVER 24 LENCE.— FOR VICTIMS OF DOMESTIC VIO- MDM17980 S.L.C. 327 1 ‘‘(1) IN GENERAL.—The Secretary of Homeland 2 Security or Attorney General is not limited by the 3 criminal court record and may waive the application 4 of paragraph (2)(Q)(i) (with respect to crimes of do- 5 mestic violence and crimes of stalking) and (ii) in 6 the case of an alien who has been battered or sub- 7 jected to extreme cruelty and who is not and was not 8 the primary perpetrator of violence in the relation- 9 ship upon a determination that— 10 ‘‘(A) the alien was acting in self-defense; 11 ‘‘(B) the alien was found to have violated 12 a protection order intended to protect the alien; 13 or 14 ‘‘(C) the alien committed, was arrested for, 15 was convicted of, or pled guilty to committing 16 a crime— 17 18 ‘‘(i) that did not result in serious bodily injury; and 19 ‘‘(ii) where there was a connection be- 20 tween the crime and the alien’s having 21 been battered or subjected to extreme cru- 22 elty. 23 ‘‘(2) CREDIBLE EVIDENCE CONSIDERED.—In 24 acting on applications under this paragraph, the 25 Secretary of Homeland Security or Attorney General MDM17980 S.L.C. 328 1 shall consider any credible evidence relevant to the 2 application. The determination of what evidence is 3 credible and the weight to be given that evidence 4 shall be within the sole discretion of the Secretary 5 of Homeland Security or Attorney General.’’. 6 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 7 237(a)(3)(B) of the Immigration and Nationality Act (8 8 U.S.C. 1227(a)(3)(B)) is amended— 9 10 11 12 13 14 (1) in clause (i), by striking the comma at the end and inserting a semicolon; (2) in clause (ii), by striking ‘‘, or’’ at the end and inserting a semicolon; (3) in clause (iii), by striking the comma at the end and inserting ‘‘; or’’; and 15 (4) by inserting after clause (iii) the following: 16 ‘‘(iv) of a violation of, or an attempt 17 or a conspiracy to violate, subsection (a) or 18 (b) of section 1425 of title 18 (relating to 19 the procurement of citizenship or natu- 20 ralization unlawfully),’’. 21 (c) DEPORTABILITY; CRIMINAL OFFENSES.—Para- 22 graph (2) of section 237(a) of the Immigration and Na23 tionality Act (8 U.S.C. 1227(a)(2)), as amended by sec24 tions 507 and 508, is further amended by adding at the 25 end the following: MDM17980 S.L.C. 329 1 ‘‘(I) IDENTIFICATION FRAUD.—Any alien 2 who is convicted of a violation of (or a con- 3 spiracy or attempt to violate) an offense relat- 4 ing to section 208 of the Social Security Act 5 (42 U.S.C. 408) (relating to social security ac- 6 count numbers or social security cards) or sec- 7 tion 1028 of title 18, United States Code, (re- 8 lating to fraud and related activity in connec- 9 tion with identification), is deportable.’’. 10 (d) APPLICABILITY.—The amendments made by this 11 section shall apply to— 12 13 (1) any act that occurred before, on, or after the date of the enactment of this Act; 14 (2) all aliens who are required to establish ad- 15 missibility on or after such date of enactment; and 16 (3) all removal, deportation, or exclusion pro- 17 ceedings that are filed, pending, or reopened, on or 18 after such date of enactment. 19 (e) CONSTRUCTION.—The amendments made by this 20 section shall not be construed to create eligibility for relief 21 from removal under former section 212(c) of the Immigra22 tion and Nationality Act (8 U.S.C. 1182(c)) if such eligi23 bility did not exist before the date of enactment of this 24 Act. MDM17980 S.L.C. 330 1 SEC. 514. PROTECTING IMMIGRANTS FROM CONVICTED 2 3 SEX OFFENDERS. (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra- 4 tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend5 ed— 6 7 (1) in subparagraph (A), by amending clause (viii) to read as follows: 8 ‘‘(viii) Clause (i) shall not apply to a 9 citizen of the United States who has been 10 convicted of an offense described in sub- 11 paragraph (A), (I), or (K) of section 12 101(a)(43) or a specified offense against a 13 minor as defined in section 111 of the 14 Adam Walsh Child Protection and Safety 15 Act of 2006 (42 U.S.C. 16911(7)), unless 16 the Secretary of Homeland Security, in the 17 Secretary’s sole and unreviewable discre- 18 tion, determines that the citizen poses no 19 risk to the alien with respect to whom a 20 petition described in clause (i) is filed.’’; 21 and 22 23 24 25 26 (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: MDM17980 S.L.C. 331 1 ‘‘(II) Subclause (I) shall not 2 apply in the case of an alien lawfully 3 admitted for permanent residence who 4 has been convicted of an offense de- 5 scribed in subparagraph (A), (I), or 6 (K) of section 101(a)(43) or a speci- 7 fied offense against a minor as de- 8 fined in section 111 of the Adam 9 Walsh Child Protection and Safety 10 Act of 2006 (42 U.S.C. 16911(7)), 11 unless the Secretary of Homeland Se- 12 curity, in the Secretary’s sole and 13 unreviewable 14 that the alien lawfully admitted for 15 permanent residence poses no risk to 16 the alien with respect to whom a peti- 17 tion described in subclause (I) is 18 filed.’’. 19 discretion, determines (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 20 such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik21 ing ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears 22 and inserting ‘‘204(a)(1)(A)(viii))’’. 23 (c) EFFECTIVE DATE.—The amendments made by 24 this section shall take effect on the date of the enactment MDM17980 S.L.C. 332 1 of this Act and shall apply to petitions filed on or after 2 such date. 3 4 5 SEC. 515. ENHANCED CRIMINAL PENALTIES FOR HIGH SPEED FLIGHT. (a) IN GENERAL.—Section 758 of title 18, United 6 States Code, is amended to read as follows: 7 ‘‘§ 758. Unlawful flight from immigration or customs 8 9 controls ‘‘(a) EVADING A CHECKPOINT.—Any person who, 10 while operating a motor vehicle or vessel, knowingly flees 11 or evades a checkpoint operated by the Department of 12 Homeland Security or any other Federal law enforcement 13 agency, and then knowingly or recklessly disregards or dis14 obeys the lawful command of any law enforcement agent, 15 shall be fined under this title, imprisoned not more than 16 5 years, or both. 17 ‘‘(b) FAILURE TO STOP.—Any person who, while op- 18 erating a motor vehicle, aircraft, or vessel, knowingly or 19 recklessly disregards or disobeys the lawful command of 20 an officer of the Department of Homeland Security en21 gaged in the enforcement of the immigration, customs, or 22 maritime laws, or the lawful command of any law enforce23 ment agent assisting such officer, shall be fined under this 24 title, imprisoned not more than 2 years, or both. MDM17980 S.L.C. 333 1 ‘‘(c) ALTERNATIVE PENALTIES.—Notwithstanding 2 the penalties provided in subsection (a) or (b), any person 3 who violates such subsection shall— 4 ‘‘(1) be fined under this title, imprisoned not 5 more than 10 years, or both, if the violation involved 6 the operation of a motor vehicle, aircraft, or vessel— 7 ‘‘(A) in excess of the applicable or posted 8 9 10 11 speed limit, ‘‘(B) in excess of the rated capacity of the motor vehicle, aircraft, or vessel, or ‘‘(C) in an otherwise dangerous or reckless 12 manner; 13 ‘‘(2) be fined under this title, imprisoned not 14 more than 20 years, or both, if the violation created 15 a substantial and foreseeable risk of serious bodily 16 injury or death to any person; 17 ‘‘(3) be fined under this title, imprisoned not 18 more than 30 years, or both, if the violation caused 19 serious bodily injury to any person; or 20 ‘‘(4) be fined under this title, imprisoned for 21 any term of years or life, or both, if the violation re- 22 sulted in the death of any person. 23 ‘‘(d) ATTEMPT AND CONSPIRACY.—Any person who 24 attempts or conspires to commit any offense under this MDM17980 S.L.C. 334 1 section shall be punished in the same manner as a person 2 who completes the offense. 3 ‘‘(e) FORFEITURE.—Any property, real or personal, 4 constituting or traceable to the gross proceeds of the of5 fense and any property, real or personal, used or intended 6 to be used to commit or facilitate the commission of the 7 offense shall be subject to forfeiture. 8 ‘‘(f) FORFEITURE PROCEDURES.—Seizures and for- 9 feitures under this section shall be governed by the provi10 sions of chapter 46 of this title, relating to civil forfeitures, 11 including section 981(d), except that such duties as are 12 imposed upon the Secretary of the Treasury under the 13 customs laws described in that section shall be performed 14 by such officers, agents, and other persons as may be des15 ignated for that purpose by the Secretary of Homeland 16 Security or the Attorney General. Nothing in this section 17 shall limit the authority of the Secretary of Homeland Se18 curity to seize and forfeit motor vehicles, aircraft, or ves19 sels under the Customs laws or any other laws of the 20 United States. 21 ‘‘(g) DEFINITIONS.—For purposes of this section— 22 ‘‘(1) the term ‘checkpoint’ includes, but is not 23 limited to, any customs or immigration inspection at 24 a port of entry or immigration inspection at a U.S. 25 Border Patrol checkpoint; MDM17980 S.L.C. 335 1 ‘‘(2) the term ‘law enforcement agent’ means— 2 ‘‘(A) any Federal, State, local or tribal of- 3 ficial authorized to enforce criminal law; and 4 ‘‘(B) when conveying a command described 5 in subsection (b), an air traffic controller; 6 ‘‘(3) the term ‘lawful command’ includes a com- 7 mand to stop, decrease speed, alter course, or land, 8 whether communicated orally, visually, by means of 9 lights or sirens, or by radio, telephone, or other com- 10 munication; 11 ‘‘(4) the term ‘motor vehicle’ means any motor- 12 ized or self-propelled means of terrestrial transpor- 13 tation; and 14 ‘‘(5) the term ‘serious bodily injury’ has the 15 meaning given in section 2119(2) of this title.’’. 16 (b) CONSTRUCTION.—The amendments made by sub- 17 section (a) shall not be construed to create eligibility for 18 relief from removal under former section 212(c) of the Im19 migration and Nationality Act (8 U.S.C. 1182(c)) if such 20 eligibility did not exist before the date of enactment of 21 this Act. 22 SEC. 516. PROHIBITION ON ASYLUM AND CANCELLATION 23 OF REMOVAL FOR TERRORISTS. 24 (a) ASYLUM.—Subparagraph (A) of section 25 208(b)(2) of the Immigration and Nationality Act (8 MDM17980 S.L.C. 336 1 U.S.C. 1158(b)(2)(A)), as amended by section 506 and 2 507, is further amended— 3 4 5 (1) by inserting ‘‘or the Secretary’’ after ‘‘if the Attorney General’’; and (2) by striking clause (v), and inserting: 6 ‘‘(v) the alien is described in section 7 212(a)(3)(B)(i) or section 212(a)(3)(F), 8 unless, in the case of an alien described in 9 subclause (IX) of section 212(a)(3)(B)(i), 10 the Secretary or the Attorney General de- 11 termines, 12 unreviewable discretion, that there are not 13 reasonable grounds for regarding the alien 14 as a danger to the security of the United 15 States;’’. 16 (b) CANCELLATION in OF his or her sole and REMOVAL.—Paragraph (4) of 17 section 240A(c) of the Immigration and Nationality Act 18 (8 U.S.C. 1229b(c)(4)) is amended— 19 20 21 (1) by striking ‘‘inadmissible under’’ and inserting ‘‘described in’’; and (2) by striking ‘‘deportable under’’ and insert- 22 ing ‘‘described in’’. 23 (c) RESTRICTION ON REMOVAL.— MDM17980 S.L.C. 337 1 (1) IN GENERAL.—Subparagraph (A) of section 2 241(b)(3) of the Immigration and Nationality Act (8 3 U.S.C. 1231(b)(3)(A)) is amended— 4 (A) by inserting ‘‘or the Secretary’’ after 5 ‘‘Attorney General’’ both places that term ap- 6 pears; 7 8 (B) by striking ‘‘Notwithstanding’’ and inserting the following: 9 ‘‘(i) IN GENERAL.—Notwithstanding’’; 10 and 11 (C) by adding at the end the following: 12 ‘‘(ii) BURDEN OF PROOF.—The alien 13 has the burden of proof to establish that 14 the alien’s life or freedom would be threat- 15 ened in such country, and that race, reli- 16 gion, nationality, membership in a par- 17 ticular social group, or political opinion 18 would be at least one central reason for 19 such threat.’’. 20 (2) EXCEPTION.—Subparagraph (B) of section 21 241(b)(3) of the Immigration and Nationality Act (8 22 U.S.C. 1231(b)(3)(B)) is amended— 23 (A) by inserting ‘‘or the Secretary of 24 Homeland Security’’ after ‘‘Attorney General’’ 25 both places that term appears; MDM17980 S.L.C. 338 1 (B) in clause (iii), striking ‘‘or’’ at the end; 2 (C) in clause (iv), striking the period at 3 the end and inserting ‘‘; or’’; 4 5 (D) inserting after clause (iv) the following: 6 ‘‘(v) the alien is described in section 7 212(a)(3)(B)(i) or section 212(a)(3)(F), 8 unless, in the case of an alien described in 9 subclause (IX) of section 212(a)(3)(B)(i), 10 the Secretary of Homeland Security or the 11 Attorney General determines, in his or her 12 sole and unreviewable discretion, that there 13 are not reasonable grounds for regarding 14 the alien as a danger to the security of the 15 United States; 16 ‘‘(vi) the alien is convicted of an ag- 17 gravated felony.’’; and 18 (E) by striking the undesignated matter at 19 the end of the subparagraph (B). 20 (3) SUSTAINING BURDEN OF PROOF; CREDI- 21 BILITY 22 section 241(b)(3) of the Immigration and Nation- 23 ality Act (8 U.S.C. 1231(b)(3)(C)) is amended by 24 striking ‘‘In determining whether an alien has dem- 25 onstrated that the alien’s life or freedom would be DETERMINATIONS.—Subparagraph (C) of MDM17980 S.L.C. 339 1 threatened for a reason described in subparagraph 2 (A),’’ and inserting ‘‘For purposes of this para- 3 graph,’’. 4 (4) EFFECTIVE DATE AND APPLICATION.—The 5 amendments made in paragraphs (1) and (2) shall 6 take effect as if enacted on May 11, 2005, and shall 7 apply to applications for withholding of removal 8 made on or after such date. 9 (d) EFFECTIVE DATES.—Except as provided in para- 10 graph (c)(4), the amendments made by this section shall 11 take effect on the date of the enactment of this Act and 12 sections 208(b)(2)(A), 240A(c), and 241(b)(3) of the Im13 migration and Nationality Act, as so amended, shall apply 14 to— 15 16 (1) all aliens in removal, deportation, or exclusion proceedings; 17 18 (2) all applications pending on, or filed after, the date of the enactment of this Act; and 19 (3) with respect to aliens and applications de- 20 scribed in paragraph (1) or (2) of this subsection, 21 acts and conditions constituting a ground for exclu- 22 sion, deportation, or removal occurring or existing 23 before, on, or after the date of the enactment of this 24 Act. MDM17980 S.L.C. 340 1 2 SEC. 517. AGGRAVATED FELONIES. (a) DEFINITION OF AGGRAVATED FELONY.—Para- 3 graph (43) of section 101(a) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(43)), as amended by sec5 tion 508, is further amended— 6 (1) in subparagraph (A), by striking ‘‘sexual 7 abuse of a minor;’’ and inserting ‘‘any conviction for 8 a sex offense, including an offense described in sec- 9 tions 2241 and 2243 of Title 18, United States 10 Code, or an offense where the alien abused or was 11 involved in the abuse of any individual under the age 12 of 18 years, or in which the victim is in fact under 13 the age of 18 years, regardless of the reason and ex- 14 tent of the act, the sentence imposed, or the ele- 15 ments in the offense that are required for convic- 16 tion;’’; 17 (2) in subparagraph (F), by striking ‘‘at least 18 one year’’ and inserting ‘‘is at least one year, except 19 that if the conviction records do not conclusively es- 20 tablish whether a crime constitutes a crime of vio- 21 lence or an offense under Federal, State, or Tribal 22 law, that has, as an element, the use or attempted 23 use of physical force or the threatened use of phys- 24 ical force or a deadly weapon, the Attorney General 25 or Secretary of Homeland Security may consider 26 other evidence related to the conviction, including MDM17980 S.L.C. 341 1 but not limited to police reports and witness state- 2 ments, that clearly establishes that the conduct for 3 which the alien was engaged constitutes a crime of 4 violence or an offense under Federal, State, or Trib- 5 al law, that has, as an element, the use or attempted 6 use of physical force or the threatened use of phys- 7 ical force or a deadly weapon;’’; 8 9 (3) by striking subparagraph (G) and inserting the following: 10 ‘‘(G) a theft offense under State or 11 Federal law (including theft by deceit, 12 theft by fraud, and receipt of stolen prop- 13 erty) or burglary offense under State or 14 Federal law for which the term of impris- 15 onment is at least one year, except that if 16 the conviction records do not conclusively 17 establish whether a crime constitutes a 18 theft or burglary offense, the Attorney 19 General or Secretary of Homeland Security 20 may consider other evidence related to the 21 conviction, including but not limited to po- 22 lice reports and witness statements, that 23 clearly establishes that the conduct for 24 which the alien was engaged constitutes a 25 theft or burglary offense;’’; MDM17980 S.L.C. 342 1 2 (4) in subparagraph (I), by striking ‘‘or 2252’’ and inserting ‘‘2252, or 2252A’’; 3 (5) in subparagraph (N), by striking ‘‘para- 4 graph (1)(A) or (2) of’’ and inserting a semicolon at 5 the end; 6 (6) in subparagraph (O), by striking ‘‘section 7 275(a) or 276 committed by an alien who was pre- 8 viously deported on the basis of a conviction for an 9 offense described in another subparagraph of this 10 paragraph;’’ and inserting ‘‘section 275 or 276 for 11 which the term of imprisonment is at least 1 year;’’; 12 (7) in subparagraph (P) by striking ‘‘(i) which 13 either is falsely making, forging, counterfeiting, mu- 14 tilating, or altering a passport or instrument in vio- 15 lation of section 1543 of title 18, United States 16 Code, or is described in section 1546(a) of such title 17 (relating to document fraud) and (ii)’’ and inserting 18 ‘‘which is described in the first paragraph of section 19 1541, 1542, 1543, 1544, 1546(a), or 1547 of chap- 20 ter 75 of title 18, United States Code, and’’; 21 (8) in subparagraph (U), by striking ‘‘an at- 22 tempt or conspiracy to commit an offense described 23 in this paragraph’’ and inserting ‘‘an attempt to 24 commit, conspiracy to commit, or facilitation of an 25 offense described in this paragraph, or aiding, abet- MDM17980 S.L.C. 343 1 ting, procuring, commanding, inducing, or soliciting 2 the commission of such an offense’’; and 3 (9) by striking the undesignated material at 4 end of the paragraph and inserting ‘‘The term ap- 5 plies to an offense described in this paragraph, 6 whether in violation of Federal or State law, or a 7 law of a foreign country, for which the term of im- 8 prisonment was completed within the previous 20 9 years, and even if the length of the term of impris- 10 onment for the offense is based on recidivist or other 11 enhancements. Notwithstanding any other provision 12 of law (including any effective date), the term ap- 13 plies regardless of whether the conviction was en- 14 tered before, on, or after September 30, 1996.’’. 15 (b) DEFINITION OF CONVICTION.—Section 16 101(a)(48) of the Immigration and Nationality Act (8 17 U.S.C. 1101(a)(48)) is amended by adding at the end the 18 following: 19 ‘‘(C)(i) Any reversal, vacatur, expungement, or 20 modification of a conviction, sentence, or conviction 21 that was granted to ameliorate the consequences of 22 the conviction, sentence, or conviction, or was grant- 23 ed for rehabilitative purposes shall have no effect on 24 the immigration consequences resulting from the 25 original conviction. MDM17980 S.L.C. 344 1 ‘‘(ii) The alien shall have the burden of dem- 2 onstrating that any reversal, vacatur, expungement, 3 or modification, including modification to any sen- 4 tence for an offense, was not granted to ameliorate 5 the consequences of the conviction, sentence, or con- 6 viction record, or for rehabilitative purposes.’’. 7 (c) EFFECTIVE DATE AND APPLICATION.—The 8 amendments made by this section shall— 9 10 11 12 13 14 (1) take effect on the date of the enactment of this Act; and (2) apply to any act that occurred before, on, or after such date of enactment. SEC. 518. CONVICTIONS. (a) Section 212(a)(2) of the Immigration and Nation- 15 ality Act (8 U.S.C. 1182(a)(2)), as amended by sections 16 509 through 511, is further amended by adding at the 17 end the following subparagraph: 18 19 ‘‘(L) CONVICTIONS.— ‘‘(i) IN GENERAL.—For purposes of 20 determining whether an underlying crimi- 21 nal offense constitutes a ground of inad- 22 missibility under this subsection, all stat- 23 utes or common law offenses are divisible 24 so long as any of the conduct encompassed MDM17980 S.L.C. 345 1 by the statute constitutes an offense that 2 is a ground of inadmissibility. 3 ‘‘(ii) OTHER EVIDENCE.—If the con- 4 viction records (i.e., charging documents, 5 plea agreements, plea colloquies, jury in- 6 structions) do not conclusively establish 7 whether a crime constitutes a ground of in- 8 admissibility, the Attorney General or the 9 Secretary of Homeland Security may con- 10 sider other evidence related to the convic- 11 tion, including but not limited to police re- 12 ports and witness statements, that clearly 13 establishes that the conduct for which the 14 alien was engaged constitutes a ground of 15 inadmissibility.’’. 16 (b) Section 237(a)(2) of the Immigration and Nation- 17 ality Act (8 U.S.C. 1227(a)(2)), as amended by sections 18 ll and ll, is further amended by adding at the end 19 the following subparagraph: 20 21 ‘‘(J) CRIMINAL ‘‘(i) IN OFFENSES.— GENERAL.—For purposes of 22 determining whether an underlying crimi- 23 nal offense constitutes a ground of deport- 24 ability under this subsection, all statutes or 25 common law offenses are divisible so long MDM17980 S.L.C. 346 1 as any of the conduct encompassed by the 2 statute constitutes an offense that is a 3 ground of deportability. 4 ‘‘(ii) OTHER EVIDENCE.—If the con- 5 viction records (i.e., charging documents, 6 plea agreements, plea colloquies, jury in- 7 structions) do not conclusively establish 8 whether a crime constitutes a ground of 9 deportability, the Attorney General or the 10 Secretary of Homeland Security may con- 11 sider other evidence related to the convic- 12 tion, including but not limited to police re- 13 ports and witness statements, that clearly 14 establishes that the conduct for which the 15 alien was engaged constitutes a ground of 16 deportability.’’. 17 18 SEC. 519. PARDONS. (a) DEFINITION.—Section 101(a) of the Immigration 19 and Nationality Act (8 U.S.C. 1101(a)), as amended by 20 section --, is further amended by adding at the end the 21 following: 22 ‘‘(54) The term ‘pardon’ means a full and un- 23 conditional pardon granted by the President of the 24 United States, Governor of any of the several States 25 or constitutionally recognized body.’’. MDM17980 S.L.C. 347 1 (b) DEPORTABILITY.—Section 237(a) of such Act (8 2 U.S.C. 1227(a)), as amended by sections -- and --, is fur3 ther amended— 4 5 (1) in paragraph (2)(A), by striking clause (vi); and 6 (2) by adding at the end the following: 7 ‘‘(8) PARDONS.—In the case of an alien who 8 has been convicted of a crime and is subject to re- 9 moval due to that conviction, if the alien, subsequent 10 to receiving the criminal conviction, is granted a 11 pardon, the alien shall not be deportable by reason 12 of that criminal conviction.’’. 13 (c) EFFECTIVE DATE.—The amendments made by 14 this section shall take effect on the date of the enactment 15 of this Act and shall apply to a pardon granted before, 16 on, or after such date. 17 18 SEC. 520. FAILURE TO OBEY REMOVAL ORDERS. (a) IN GENERAL.—Section 243(a) of the Immigra- 19 tion and Nationality Act (8 U.S.C. 1253(a)) is amended— 20 (1) in the matter preceding subparagraph (A) 21 of paragraph (1), by inserting ‘‘212(a) or’’ before 22 ‘‘237(a),’’; and 23 24 (2) by striking paragraph (3). (b) EFFECTIVE DATE.—The amendments made by 25 subparagraph (A) shall take effect on the date of enact- MDM17980 S.L.C. 348 1 ment of this Act and shall apply to acts that are described 2 in subparagraphs (A) through (D) of section 243(a)(1) of 3 the Immigration and Nationality Act (8 U.S.C. 4 1253(a)(1)) that occur on or after the date of enactment 5 of this Act. 6 SEC. 521. SANCTIONS FOR COUNTRIES THAT DELAY OR 7 PREVENT REPATRIATION OF THEIR NATION- 8 ALS. 9 Section 243 of the Immigration and Nationality Act 10 (8 U.S.C. 1253) is amended by striking subsection (d) and 11 inserting the following: 12 13 ‘‘(d) LISTING ATION OF 14 OF COUNTRIES WHO DELAY REPATRI- REMOVED ALIENS.— ‘‘(1) LISTING OF COUNTRIES.—Beginning on 15 the date that is 6 months after the date of enact- 16 ment of the Building America’s Trust Act, and every 17 6 months thereafter, the Secretary shall publish a 18 report in the Federal Register that includes a list 19 of— 20 ‘‘(A) countries that have refused or unrea- 21 sonably delayed repatriation of an alien who is 22 a national of that country since the date of en- 23 actment of this Act and the total number of 24 such aliens, disaggregated by nationality; MDM17980 S.L.C. 349 1 ‘‘(B) countries that have an excessive repa- 2 triation failure rate; and 3 ‘‘(C) each country that was reported as 4 noncompliant in the prior reporting period. 5 ‘‘(2) EXEMPTION.—The Secretary of Homeland 6 Security, in the Secretary’s sole and unreviewable 7 discretion, and in consultation with the Secretary of 8 State, may exempt a country from inclusion in the 9 list under paragraph (1) if there are significant for- 10 eign policy or security concerns that warrant such 11 an exemption. 12 ‘‘(e) DISCONTINUING GRANTING 13 TIONALS OF 14 ING 15 OF VISAS TO NA - COUNTRIES DENYING OR DELAYING ACCEPT- ALIEN.— ‘‘(1) IN GENERAL.—Notwithstanding section 16 221(c), the Secretary of Homeland Security shall 17 take the action described in paragraph (2)(A) and 18 may take an action described in paragraph (2)(B), 19 if the Secretary determines that— 20 ‘‘(A) an alien is inadmissible under section 21 212 or deportable under section 237, or the 22 alien has been ordered removed from the 23 United States; and 24 25 ‘‘(B) the government of a foreign country is— MDM17980 S.L.C. 350 1 ‘‘(i) denying or unreasonably delaying 2 accepting aliens who are citizens, subjects, 3 nationals, or residents of that country 4 after the Secretary of Homeland Security 5 asks whether the government will accept 6 an alien under this section; or 7 ‘‘(ii) refusing to issue any required 8 travel or identity documents to allow the 9 alien who is citizen, subject, national, or 10 resident of that country to return to that 11 country. 12 13 ‘‘(2) ACTIONS DESCRIBED.—The actions de- scribed in this paragraph are the following: 14 ‘‘(A) An order from the Secretary of State 15 to consular officers in that foreign country to 16 discontinue 17 101(a)(15)(A)(iii) of the Immigration and Na- 18 tionality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to 19 attendants, servants, personal employees, and 20 members of their immediate families, of the of- 21 ficials and employees of that country who re- 22 ceive nonimmigrant status under clause (i) or 23 (ii) of section 101(a)(15)(A) of such Act. granting visas under section MDM17980 S.L.C. 351 1 ‘‘(B) Denial of admission to any citizens, 2 subjects, nationals, and residents from that 3 country or the imposition— 4 ‘‘(i) of any limitations, conditions, or 5 additional fees on the issuance of visas or 6 travel from that country; or 7 ‘‘(ii) of any other sanctions authorized 8 9 by law. ‘‘(3) RESUMPTION OF VISA ISSUANCE.—Con- 10 sular officers in the foreign country that refused or 11 unreasonably delayed repatriation or refused to issue 12 required identity or travel documents may resume 13 visa issuance after the Secretary of Homeland Secu- 14 rity notifies the Secretary of State that the country 15 has accepted the aliens.’’. 16 SEC. 522. ENHANCED PENALTIES FOR CONSTRUCTION AND 17 18 USE OF BORDER TUNNELS. Section 555 of title 18, United States Code, is 19 amended— 20 (1) in subsection (a), by striking ‘‘not more 21 than 20 years.’’ and inserting ‘‘not less than 7 years 22 but not more than 20 years.’’; and 23 (2) in subsection (b), by striking ‘‘not more 24 than 10 years.’’ and inserting ‘‘not less than 3 years 25 but not more than 10 years.’’. MDM17980 S.L.C. 352 1 SEC. 523. ENHANCED PENALTIES FOR FRAUD AND MISUSE 2 OF 3 MENTS. 4 VISAS, PERMITS, AND OTHER DOCU- Section 1546(a) of title 18, United States Code, is 5 amended— 6 (1) by striking ‘‘Commissioner of the Immigra- 7 tion and Naturalization Service’’ each place that 8 term appears and inserting ‘‘Secretary of Homeland 9 Security’’; 10 (2) by striking ‘‘Shall be fined’’ and all that fol- 11 lows through the end and inserting ‘‘Shall be fined 12 under this title or imprisoned for not less than 12 13 years but not more than 25 years (if the offense was 14 committed to facilitate an act of international ter- 15 rorism (as defined in section 2331 of this title)), not 16 less than 10 years but not more than 20 years (if 17 the offense was committed to facilitate a drug traf- 18 ficking crime (as defined in section 929(a) of this 19 title)), not less than 5 years but not more than 10 20 years (in the case of the first or second such offense, 21 if the offense was not committed to facilitate such 22 an act of international terrorism or a drug traf- 23 ficking crime), or not less than 7 years but not more 24 than 15 years (in the case of any other offense), or 25 both.’’ MDM17980 S.L.C. 353 1 SEC. 524. EXPANSION OF CRIMINAL ALIEN REPATRIATION 2 3 PROGRAMS. (a) EXPANSION OF DEPARTMENT CRIMINAL ALIEN 4 REPATRIATION FLIGHTS.—Not later than 90 days after 5 the date of the enactment of this Act, the Secretary of 6 Homeland Security shall increase the number of criminal 7 and illegal alien repatriation flights from the United 8 States conducted by U.S. Customs and Border Protection 9 and U.S. Immigration and Customs Enforcement Air Op10 erations by not less than 15 percent more than the number 11 of such flights operated, and authorized to be operated, 12 under existing appropriations and funding on the date of 13 the enactment of this Act. 14 15 (b) U.S. IMMIGRATION MENT AND CUSTOMS ENFORCE- AIR OPERATIONS.—Not later than 90 days after 16 the date of the enactment of this Act, the Secretary of 17 Homeland Security shall issue a directive to expand U.S. 18 Immigration and Customs Enforcement Air Operations 19 (ICE Air Ops) so that ICE Air Ops provides additional 20 services with respect to aliens who are illegally present in 21 the United States. Such expansion shall include— 22 (1) increasing the daily operations of ICE Air 23 Ops with buses and air hubs in the top 5 geographic 24 regions along the southern border; 25 26 (2) allocating a set number of seats for such aliens for each metropolitan area; and MDM17980 S.L.C. 354 1 (3) allowing a metropolitan area to trade or 2 give some of seats allocated to such area under para- 3 graph (2) for such aliens to other areas in the region 4 of such area based on the transportation needs of 5 each area. 6 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi- 7 tion to the amounts otherwise authorized to be appro8 priated, there is authorized to be appropriated 9 $10,000,000 for each of fiscal years 2018 through 2021 10 to carry out this section. 11 12 13 14 Subtitle B—Strong Visa Integrity Secures America Act SEC. 531. SHORT TITLE. This subtitle may be cited as the ‘‘Strong Visa Integ- 15 rity Secures America Act’’. 16 17 SEC. 532. VISA SECURITY. (a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 18 Paragraph (1) of section 428(e) of the Homeland Security 19 Act of 2002 (6 U.S.C. 236(e)) is amended— 20 21 (1) by striking ‘‘The Secretary’’ and inserting the following: 22 ‘‘(A) AUTHORIZATION.—Subject to the 23 minimum number specified in subparagraph 24 (B), the Secretary’’; and MDM17980 S.L.C. 355 1 2 (2) by adding at the end the following new subparagraph: 3 ‘‘(B) RISK-BASED 4 ‘‘(i) IN ASSIGNMENTS.— GENERAL.—In carrying out 5 subparagraph (A), the Secretary shall as- 6 sign, in a risk-based manner, and consid- 7 ering the criteria described in clause (ii), 8 employees of the Department to not fewer 9 than 50 diplomatic and consular posts at 10 11 which visas are issued. ‘‘(ii) CRITERIA DESCRIBED.—The cri- 12 teria described in this clause (i) are the 13 following: 14 ‘‘(I) The number of nationals of 15 a country in which any of the diplo- 16 matic and consular posts referred to 17 in clause (i) are located who were 18 identified in United States Govern- 19 ment databases related to the identi- 20 ties of known or suspected terrorists 21 during the previous year. 22 ‘‘(II) Information on cooperation 23 of such country with the counterter- 24 rorism efforts of the United States. MDM17980 S.L.C. 356 1 ‘‘(III) Information analyzing the 2 presence, activity, or movement of ter- 3 rorist organizations (as such term is 4 defined in section 212(a)(3)(B)(vi) of 5 the Immigration and Nationality Act 6 (8 U.S.C. 1182(a)(3)(B)(vi)) within 7 or through such country. 8 ‘‘(IV) The number of formal ob- 9 jections based on derogatory informa- 10 tion issued by the Visa Security Advi- 11 sory Opinion Unit pursuant to para- 12 graph (10) regarding nationals of a 13 country in which any of the diplomatic 14 and consular posts referred to in 15 clause (i) are located. 16 ‘‘(V) The adequacy of the border 17 and immigration control of such coun- 18 try. 19 ‘‘(VI) Any other criteria the Sec- 20 retary determines appropriate. 21 ‘‘(iii) RULE OF CONSTRUCTION.—The 22 assignment of employees of the Depart- 23 ment pursuant to this subparagraph is 24 solely the authority of the Secretary and MDM17980 S.L.C. 357 1 may not be altered or rejected by the Sec- 2 retary of State.’’. 3 (b) COUNTERTERRORISM VETTING 4 ING.—Paragraph AND SCREEN- (2) of section 428(e) of the Homeland 5 Security Act of 2002 is amended— 6 7 8 9 (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: 10 ‘‘(C) Screen any such applications against 11 the appropriate criminal, national security, and 12 terrorism databases maintained by the Federal 13 Government.’’. 14 (c) TRAINING AND HIRING.—Subparagraph (A) of 15 section 428(e)(6) of the Homeland Security Act of 2002 16 is amended by— 17 (1) striking ‘‘The Secretary shall ensure, to the 18 extent possible, that any employees’’ and inserting 19 ‘‘The Secretary, acting through the Commissioner of 20 U.S. Customs and Border Protection and the Direc- 21 tor of U.S. Immigration and Customs Enforcement, 22 shall provide training to any employees’’; and 23 24 (2) striking ‘‘shall be provided the necessary training’’. MDM17980 S.L.C. 358 1 2 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE AND VISA SECURITY ADVISORY OPINION UNIT.—Sub- 3 section (e) of section 428 of the Homeland Security Act 4 of 2002 is amended by adding at the end the following 5 new paragraph: 6 ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU- 7 RITY 8 which employees of the Department are not assigned 9 pursuant to paragraph (1), the Secretary shall, in a 10 risk-based manner, assign employees of the Depart- 11 ment to remotely perform the functions required 12 under paragraph (2) at not fewer than 50 of such 13 posts. 14 ASSISTANCE.—At ‘‘(10) VISA the visa-issuing posts at SECURITY ADVISORY OPINION 15 UNIT.—The 16 Immigration and Customs Enforcement a Visa Secu- 17 rity Advisory Opinion Unit to respond to requests 18 from the Secretary of State to conduct a visa secu- 19 rity review using information maintained by the De- 20 partment on visa applicants, including terrorism as- 21 sociation, criminal history, counter-proliferation, and 22 other relevant factors, as determined by the Sec- 23 retary.’’. 24 (e) SCHEDULE Secretary shall establish within U.S. OF IMPLEMENTATION.—The require- 25 ments established under paragraphs (1) and (9) of section MDM17980 S.L.C. 359 1 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 2 236(e)), as amended and added by this section, shall be 3 implemented not later than three years after the date of 4 the enactment of this Act. 5 (f) AUTHORIZATION OF APPROPRIATIONS.—There 6 are authorized to be appropriated $30,000,000 to imple7 ment this section and the amendments made by this sec8 tion. 9 SEC. 533. ELECTRONIC PASSPORT SCREENING AND BIO- 10 11 METRIC MATCHING. (a) IN GENERAL.—Subtitle B of title IV of the 12 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 13 is amended by adding at the end the following new sec14 tions: 15 16 17 ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING. ‘‘(a) IN GENERAL.—Not later than one year after the 18 date of the enactment of the Building America’s Trust 19 Act, the Commissioner of U.S. Customs and Border Pro20 tection shall— 21 ‘‘(1) screen electronic passports at airports of 22 entry by reading each such passport’s embedded 23 chip; and 24 ‘‘(2) to the greatest extent practicable, utilize 25 facial recognition technology or other biometric tech- MDM17980 S.L.C. 360 1 nology, as determined by the Commissioner, to in- 2 spect travelers at United States airports of entry. 3 ‘‘(b) APPLICABILITY.— 4 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 5 Paragraph (1) of subsection (a) shall apply to pass- 6 ports belonging to individuals who are United States 7 citizens, individuals who are nationals of a program 8 country pursuant to section 217 of the Immigration 9 and Nationality Act (8 U.S.C. 1187), and individ- 10 uals who are nationals of any other foreign country 11 that issues electronic passports. 12 ‘‘(2) FACIAL RECOGNITION MATCHING.—Para- 13 graph (2) of subsection (a) shall apply, at a min- 14 imum, to individuals who are nationals of a program 15 country pursuant to section 217 of the Immigration 16 and Nationality Act. 17 ‘‘(c) ANNUAL REPORT.— 18 ‘‘(1) IN GENERAL.—The Commissioner of U.S. 19 Customs and Border Protection, in collaboration 20 with the Chief Privacy Officer of the Department, 21 shall issue to the Committee on Homeland Security 22 and Governmental Affairs of the Senate and the 23 Committee on Homeland Security of the House of 24 Representatives an annual report through fiscal year 25 2021 on the utilization of facial recognition tech- MDM17980 S.L.C. 361 1 nology and other biometric technology pursuant to 2 subsection (a)(2). 3 4 5 6 ‘‘(2) REPORT CONTENTS.—Each such report shall include— ‘‘(A) information on the type of technology used at each airport of entry; 7 ‘‘(B) the number of individuals who were 8 subject to inspection using either of such tech- 9 nologies at each airport of entry; 10 ‘‘(C) within the group of individuals sub- 11 ject to such inspection, the number of those in- 12 dividuals who were United States citizens and 13 lawful permanent residents; 14 ‘‘(D) information on the disposition of data 15 collected during the year covered by such re- 16 port; and 17 ‘‘(E) information on protocols for the man- 18 agement of collected biometric data, including 19 timeframes and criteria for storing, erasing, de- 20 stroying, or otherwise removing such data from 21 databases utilized by the Department. 22 ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS 23 24 AND BORDER PROTECTION. ‘‘The Commissioner of U.S. Customs and Border 25 Protection shall, in a risk-based manner, continuously MDM17980 S.L.C. 362 1 screen individuals issued any visa, and individuals who are 2 nationals of a program country pursuant to section 217 3 of the Immigration and Nationality Act (8 U.S.C. 1187), 4 who are present, or expected to arrive within 30 days, in 5 the United States, against the appropriate criminal, na6 tional security, and terrorism databases maintained by the 7 Federal Government.’’. 8 (b) CLERICAL AMENDMENT.—The table of contents 9 in section 1(b) of the Homeland Security Act of 2002 is 10 amended by inserting after the item relating to section 11 419 the following new items: ‘‘Sec. 420. Electronic passport screening and biometric matching.’’ ‘‘Sec. 420A. Continuous screening by U.S. Customs and Border Protection.’’. 12 13 SEC. 534. REPORTING VISA OVERSTAYS. Section 2 of Public Law 105–173 (8 U.S.C. 1376) 14 is amended— 15 (1) in subsection (a)— 16 (A) by striking ‘‘Attorney General’’ and in- 17 serting ‘‘Secretary of Homeland Security’’; and 18 (B) by inserting before the period at the 19 end the following: ‘‘, and any additional infor- 20 mation that the Secretary determines necessary 21 for purposes of the report under subsection 22 (b).’’; and 23 (2) by amending subsection (b) to read as fol- 24 lows: MDM17980 S.L.C. 363 1 ‘‘(b) ANNUAL REPORT.—Not later than June 30, 2 2018, and not later than June 30 of each year thereafter, 3 the Secretary of Homeland Security shall submit to the 4 Committee on Homeland Security and Governmental Af5 fairs and the Committee on the Judiciary of the Senate 6 and the Committee on Homeland Security and the Com7 mittee on the Judiciary of the House of Representatives, 8 a report providing, for the preceding fiscal year, numerical 9 estimates (including information on the methodology uti10 lized to develop such numerical estimates) of— 11 ‘‘(1) for each country, the number of aliens 12 from the country who are described in subsection 13 (a), including— 14 ‘‘(A) the total number of such aliens within 15 all classes of nonimmigrant aliens described in 16 section 101(a)(15) of the Immigration and Na- 17 tionality Act (8 U.S.C. 1101(a)(15)); and 18 ‘‘(B) the number of such aliens within each 19 of the classes of nonimmigrant aliens, as well as 20 the number of such aliens within each of the 21 subclasses of such classes of nonimmigrant 22 aliens, as applicable; 23 ‘‘(2) for each country, the percentage of the 24 total number of aliens from the country who were 25 present in the United States and were admitted to MDM17980 S.L.C. 364 1 the United States as nonimmigrants who are de- 2 scribed in subsection (a); 3 ‘‘(3) the number of aliens described in sub- 4 section (a) who arrived by land at a port of entry 5 into the United States; 6 ‘‘(4) the number of aliens described in sub- 7 section (a) who entered the United States using a 8 border crossing identification card (as such term is 9 defined in section 101(a)(6) of the Immigration and 10 Nationality Act (8 U.S.C. 1101(a)(6)); and 11 ‘‘(5) the number of Canadian nationals who en- 12 tered the United States without a visa and whose 13 authorized period of stay in the United States termi- 14 nated during the previous fiscal year, but who re- 15 mained in the United States.’’. 16 17 18 SEC. 535. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION. Not later than 90 days after the date of the enact- 19 ment of this Act, the Secretary of Homeland Security shall 20 ensure that the information collected under the program 21 established under section 641 of the Illegal Immigration 22 Reform and Immigrant Responsibility Act of 1996 (8 23 U.S.C. 1372) is available to officers of U.S. Customs and 24 Border Protection conducting primary inspections of MDM17980 S.L.C. 365 1 aliens seeking admission to the United States at each port 2 of entry of the United States. 3 4 SEC. 536. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. (a) IN GENERAL.—Subtitle C of title IV of the 5 Homeland Security Act of 2002 (6 U.S.C. 231 et. seq.) 6 is amended by adding at the end the following new sec7 tions: 8 9 ‘‘SEC. 434. SOCIAL MEDIA SCREENING. ‘‘(a) IN GENERAL.—Not later than 180 days after 10 the date of the enactment of the Building America’s Trust 11 Act, the Secretary of Homeland Security shall, to the 12 greatest extent practicable, and in a risk based manner 13 and on an individualized basis, review the social media ac14 counts of visa applicants who are citizens of, or who reside 15 in, high risk countries, as determined by the Secretary 16 based on the criteria described in subsection (b). 17 ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter- 18 mining whether a country is high-risk pursuant to sub19 section (a), the Secretary shall consider the following cri20 teria: 21 ‘‘(1) The number of nationals of the country 22 who were identified in United States Government 23 databases related to the identities of known or sus- 24 pected terrorists during the previous year. MDM17980 S.L.C. 366 1 ‘‘(2) The level of cooperation of the country 2 with the counter-terrorism efforts of the United 3 States. 4 ‘‘(3) Any other criteria the Secretary deter- 5 mines appropriate. 6 ‘‘(c) COLLABORATION.—To develop the technology 7 required to carry out the requirements of subsection (a), 8 the Secretary shall collaborate with— 9 ‘‘(1) the head of a national laboratory within 10 the Department’s laboratory network with relevant 11 expertise; 12 ‘‘(2) the head of a relevant university-based 13 center within the Department’s centers of excellence 14 network; and 15 16 17 18 ‘‘(3) the heads of other appropriate Federal agencies. ‘‘SEC. 435. OPEN SOURCE SCREENING. ‘‘The Secretary shall, to the greatest extent prac- 19 ticable, and in a risk based manner, review open source 20 information of visa applicants.’’. 21 (b) CLERICAL AMENDMENT.—The table of contents 22 in section 1(b) of the Homeland Security Act of 2002 is 23 amended by this Act, is further amended by inserting after 24 the item relating to section 433 the following new items: ‘‘Sec. 434. Social media screening. ‘‘Sec. 435. Open source screening.’’. MDM17980 S.L.C. 367 1 2 3 4 Subtitle C—Visa Cancellation and Revocation SEC. 541. CANCELLATION OF ADDITIONAL VISAS. (a) IN GENERAL.—Subsection (g) of section 222 of 5 the Immigration and Nationality Act (8 U.S.C. 1202(g)) 6 is amended— 7 (1) in paragraph (1)— 8 (A) by striking ‘‘Attorney General,’’ and 9 inserting ‘‘Secretary of Homeland Security,’’; 10 and 11 (B) by inserting ‘‘and any other non- 12 immigrant visa issued by the United States that 13 is in the possession of the alien’’ after ‘‘such 14 visa’’; and 15 (2) in paragraph (2)(A), by striking ‘‘(other 16 than the visa described in paragraph (1)) issued in 17 a consular office located in the country of the alien’s 18 nationality’’ and inserting ‘‘(other than a visa de- 19 scribed in paragraph (1)) issued in a consular office 20 located in the country of the alien’s nationality or 21 foreign residence’’. 22 (b) EFFECTIVE DATE AND APPLICATION.—The 23 amendments made by subsection (a) shall take effect on 24 the date of the enactment of this Act and shall apply to 25 a visa issued before, on, or after such date. MDM17980 S.L.C. 368 1 2 SEC. 542. VISA INFORMATION SHARING. (a) IN GENERAL.—Section 222(f) of the Immigration 3 and Nationality Act (8 U.S.C. 1202(f)) is amended— 4 (1) in the introductory text, by striking 5 ‘‘issuance or refusal’’ and inserting ‘‘issuance, re- 6 fusal, or revocation’’; 7 (2) in paragraph (2), in the matter preceding 8 subparagraph (A), by striking ‘‘and on the basis of 9 reciprocity’’; 10 (3) in paragraph (2)(A)— 11 12 (A) by inserting ‘‘—(i)’’ after ‘‘for the purpose of’’; and 13 (B) by striking ‘‘illicit weapons; or’’ and 14 inserting ‘‘illicit weapons, or (ii) determining a 15 person’s deportability or eligibility for a visa, 16 admission, or other immigration benefit;’’; 17 (4) in paragraph (2)(B)— 18 19 (A) by striking ‘‘for the purposes’’ and inserting ‘‘for one of the purposes’’; and 20 (B) by striking ‘‘or to deny visas to per- 21 sons who would be inadmissible to the United 22 States.’’ and inserting ‘‘; or’’; and 23 (5) in paragraph (2), by adding at the end the 24 following: 25 ‘‘(C) with regard to any or all aliens in the 26 database, specified data elements from each MDM17980 S.L.C. 369 1 record, if the Secretary of State determines that 2 it is ørequired for national security or public 3 safety and¿ in the national interest to provide 4 such information to a foreign government.’’. 5 (b) EFFECTIVE DATE.—The amendments made by 6 subsection (a) shall take effect 60 days after the date of 7 the enactment of the Act. 8 9 SEC. 543. VISA INTERVIEWS. (a) IN GENERAL.—Section 222(h) of the Immigra- 10 tion and Nationality Act (8 U.S.C. 1202(h)) is amended— 11 12 (1) in paragraph (1), by adding new subparagraph (D) to read as follows: 13 ‘‘(D) by the Secretary of State if the Sec- 14 retary, in his sole and unreviewable discretion, 15 determines that an interview is unnecessary be- 16 cause the alien is ineligible for a visa.’’. 17 (2) in paragraph (2), by adding at the end a 18 new subparagraph (G) to read as follows: 19 ‘‘(G) is an individual within a class of 20 aliens that the Secretary of Homeland Security, 21 in his sole and unreviewable discretion, has de- 22 termined may pose a threat to national security 23 or public safety.’’. MDM17980 S.L.C. 370 1 2 SEC. 544. JUDICIAL REVIEW OF VISA REVOCATION. Subsection (i) of section 221 of the Immigration and 3 Nationality Act (8 U.S.C. 1201(i)) is amended— 4 (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and 5 (2) by adding at the end the following: 6 ‘‘(2) A revocation under this subsection of a visa or 7 other documentation from an alien shall automatically 8 cancel any other valid visa that is in the alien’s posses9 sion.’’. 10 11 Subtitle D—Secure Visas Act SEC. 551. SHORT TITLE. 12 This subtitle may be cited as the ‘‘Secure Visas Act’’. 13 SEC. 552. AUTHORITY OF THE SECRETARY OF HOMELAND 14 SECURITY AND SECRETARY OF STATE. 15 (a) IN GENERAL.—Section 428 of the Homeland Se- 16 curity Act of 2002 (6 U.S.C. 236) is amended by striking 17 subsections (b) and (c) and inserting the following: 18 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND 19 SECURITY.— 20 ‘‘(1) IN GENERAL.—Notwithstanding section 21 104(a) of the Immigration and Nationality Act (8 22 U.S.C. 1104(a)) or any other provision of law, and 23 except for the authority of the Secretary of State 24 under subparagraphs (A) and (G) of section 25 101(a)(15) of the Immigration and Nationality Act MDM17980 S.L.C. 371 1 (8 U.S.C. 1101(a)(15)), the Secretary of Homeland 2 Security— 3 ‘‘(A) shall have exclusive authority to issue 4 regulations, establish policy, and administer and 5 enforce the provisions of the Immigration and 6 Nationality Act (8 U.S.C. 1101 et seq.) and all 7 other immigration or nationality laws relating 8 to the functions of consular officers of the 9 United States in connection with the granting 10 and refusal of a visa; and 11 ‘‘(B) may refuse or revoke any visa to any 12 alien or class of aliens if the Secretary of 13 Homeland Security, or designee, determines 14 that such refusal or revocation is necessary or 15 advisable in the security interests of the United 16 States. 17 ‘‘(2) EFFECT 18 OF REVOCATION.—The revocation of any visa under paragraph (1)(B)— 19 ‘‘(A) shall take effect immediately; and 20 ‘‘(B) shall automatically cancel any other 21 valid visa that is in the alien’s possession. 22 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 23 other provision of law, including section 2241 of title 24 28, United States Code, any other habeas corpus 25 provision, and sections 1361 and 1651 of such title, MDM17980 S.L.C. 372 1 no United States court has jurisdiction to review a 2 decision by the Secretary of Homeland Security to 3 refuse or revoke a visa. 4 ‘‘(c) EFFECT 5 6 RETARY OF OF VISA APPROVAL BY THE SEC- STATE.— ‘‘(1) IN GENERAL.—The Secretary of State may 7 direct a consular officer to refuse or revoke a visa 8 to an alien if the Secretary of Homeland Security 9 determines that such refusal or revocation is nec- 10 essary or advisable in the foreign policy interests of 11 the United States. 12 ‘‘(2) LIMITATION.—No decision by the Sec- 13 retary of State to approve a visa may override a de- 14 cision by the Secretary of Homeland Security under 15 subsection (b).’’. 16 (b) VISA REVOCATION.—Section 428 of the Home- 17 land Security Act (6 U.S.C. 236) is amended by adding 18 at the end the following: 19 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec- 20 retary of Homeland Security or the Secretary of State re21 vokes a visa— 22 ‘‘(1) the relevant consular, law enforcement, 23 and terrorist screening databases shall be imme- 24 diately updated on the date of the revocation; and MDM17980 S.L.C. 373 1 ‘‘(2) look-out notices shall be posted to all De- 2 partment port inspectors and Department of State 3 consular officers.’’. 4 (c) CONFORMING AMENDMENT.—Section 104(a)(1) 5 of the Immigration and Nationality Act is amended to 6 read: 7 ‘‘(1) the powers, duties and functions of diplo- 8 matic and consular officers of the United States, 9 and the power authorized by section 428(c) of the 10 Homeland Security Act of 2002 (6 U.S.C. 236), as 11 amended by section 542 of the Building America’s 12 Trust Act, except those powers, duties and functions 13 conferred upon the consular officers relating to the 14 granting or refusal of visas.’’. 15 Subtitle E—Other Matters 16 SEC. 561. REQUIREMENT FOR COMPLETION OF BACK- 17 18 GROUND CHECKS. (a) IN GENERAL.—Section 103 of Immigration and 19 Nationality Act (8 U.S.C. 1103) is amended by adding 20 at the end the following: 21 ‘‘(h) COMPLETION OF BACKGROUND AND SECURITY 22 CHECKS.— 23 ‘‘(1) REQUIREMENT TO COMPLETE.—Notwith- 24 standing any other provision of law (statutory or 25 nonstatutory), including but not limited to section MDM17980 S.L.C. 374 1 309 of the Enhanced Border Security and Visa 2 Entry Reform Act of 2002 (8 U.S.C. 1738), sections 3 1361 and 1651 of title 28, United States Code, and 4 section 706(1) of title 5, United States Code, neither 5 the Secretary of Homeland Security nor the Attor- 6 ney General may— 7 ‘‘(A) approve or grant to an alien any sta- 8 tus, relief, protection from removal, employment 9 authorization, or any other benefit under the 10 immigration laws, including an adjustment of 11 status to lawful permanent residence or a grant 12 of United States citizenship; or 13 ‘‘(B) issue to the alien any documentation 14 evidencing a status or grant of any status, re- 15 lief, protection from removal, employment au- 16 thorization, or other benefit under the immigra- 17 tion laws; 18 until all background and security checks for the 19 alien have been completed and the Secretary of 20 Homeland or Attorney General has determined that 21 the results do not preclude the approval or grant of 22 any status, relief, protection from removal, employ- 23 ment authorization, or any other benefit under the 24 immigration laws or approval, grant, or the issuance MDM17980 S.L.C. 375 1 of any documentation evidencing such status, relief, 2 protection, authorization, or benefit. 3 ‘‘(2) PROHIBITION 4 court shall have authority to: ON JUDICIAL ACTION.—No 5 ‘‘(A) order the approval of; 6 ‘‘(B) grant; 7 ‘‘(C) mandate or require any action in a 8 certain time period; or 9 ‘‘(D) award any relief for the Secretary of 10 Homeland Security’s or Attorney General’s fail- 11 ure to complete or delay in completing any ac- 12 tion to provide 13 ‘‘any status, relief, protection from re- 14 moval, employment authorization, or any other 15 benefit under the immigration laws, including 16 an adjustment of status to lawful permanent 17 residence, naturalization, or a grant of United 18 States citizenship for an alien until all back- 19 ground and security checks have been com- 20 pleted and the Secretary of Homeland Security 21 or Attorney General has determined that the re- 22 sults of such checks do not preclude the ap- 23 proval or grant of such status, relief, protection, 24 authorization, or benefit, or issuance of any MDM17980 S.L.C. 376 1 documentation evidencing such status, relief, 2 protection, authorization, or benefit.’’. 3 (b) EFFECTIVE DATE.—The amendment made by 4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to any application, peti6 tion, or request for any benefit or relief or any other case 7 or matter under the immigration laws pending with on or 8 filed with the Secretary of Homeland Security or the At9 torney General on or after such date of enactment. 10 11 SEC. 562. WITHHOLDING OF ADJUDICATION. (a) IN GENERAL.—Section 103 of Immigration and 12 Nationality Act (8 U.S.C. 1103), as amended by section 13 551, is further amended by adding at the end the fol14 lowing: 15 16 ‘‘(i) WITHHOLDING OF ADJUDICATION.— ‘‘(1) IN GENERAL.—Except as provided in sub- 17 section (i)(4), nothing in this Act or any other law, 18 including section 1361 and 1651 of title 28, United 19 States Code, shall be construed to require, and no 20 court can order, the Secretary of Homeland Secu- 21 rity, the Attorney General, the Secretary of State, 22 the Secretary of Labor, or a consular officer to 23 grant any application, approve any petition, or grant 24 or continue any relief, protection from removal, em- 25 ployment authorization, or any other status or ben- MDM17980 S.L.C. 377 1 efit under the immigration laws by, to, or on behalf 2 of any alien with respect to whom a criminal pro- 3 ceeding or investigation is open or pending (includ- 4 ing, but not limited to, issuance of an arrest warrant 5 or indictment), where such proceeding or investiga- 6 tion is deemed by such official to be material to the 7 alien’s eligibility for the status, relief, protection, or 8 benefit sought. 9 ‘‘(2) WITHHOLDING OF ADJUDICATION.—The 10 Secretary of Homeland Security, the Attorney Gen- 11 eral, the Secretary of State, or the Secretary of 12 Labor may, in his or her discretion, withhold adju- 13 dication any application, petition, request for relief, 14 request for protection from removal, employment au- 15 thorization, status or benefit under the immigration 16 laws pending final resolution of the criminal or other 17 proceeding or investigation. 18 ‘‘(3) JURISDICTION.—Notwithstanding any 19 other provision of law (statutory or nonstatutory), 20 including section 309 of the Enhanced Border Secu- 21 rity and Visa Entry Reform Act (8 U.S.C. 1738), 22 sections 1361 and 1651 of title 28, United States 23 Code, and section 706(1) of title 5, United States 24 Code, no court shall have jurisdiction to review a de- MDM17980 S.L.C. 378 1 cision to withhold adjudication pursuant to this 2 paragraph. 3 ‘‘(4) WITHHOLDING OF REMOVAL AND TOR- 4 TURE CONVENTION.—This 5 or modify the applicability of section 241(b)(3) or 6 the United Nations Convention Against Torture and 7 Other Cruel, Inhuman or Degrading Treatment or 8 Punishment, subject to any reservations, under- 9 standings, declarations and provisos contained in the 10 United States Senate resolution of ratification of the 11 Convention, as implemented by section 2242 of the 12 Foreign Affairs Reform and Restructuring Act of 13 1998 (Public Law 105-277) with respect to an alien 14 otherwise eligible for protection under such provi- 15 sions.’’. 16 (b) EFFECTIVE DATE.—The amendment made by paragraph does not limit 17 this section shall take effect on the date of the enactment 18 of this Act and shall apply to any application, petition, 19 or request for any benefit or relief or any other case or 20 matter under the immigration laws pending with or filed 21 with the Secretary of Homeland Security on or after such 22 date of enactment. MDM17980 S.L.C. 379 1 SEC. 563. ACCESS TO THE NATIONAL CRIME INFORMATION 2 CENTER 3 INDEX. 4 INTERSTATE IDENTIFICATION (a) CRIMINAL JUSTICE ACTIVITIES.—Section 104 of 5 the Immigration and Nationality Act (8 U.S.C. 1104) is 6 amended by adding at the end the following: 7 ‘‘(f) CRIMINAL JUSTICE ACTIVITIES.—Notwith- 8 standing any other provision of law, any Department of 9 State personnel with authority to grant or refuse visas or 10 passports may carry out activities that have a criminal 11 justice purpose.’’. 12 (b) LIAISON WITH INTERNAL SECURITY OFFICERS; 13 DATA EXCHANGE.—Section 105 of the Immigration and 14 Nationality Act (8 U.S.C. 1105) is amended by striking 15 subsections (b) and (c) and inserting the following: 16 17 ‘‘(b) ACCESS TO NCIC-III.— ‘‘(1) IN GENERAL.—Notwithstanding any other 18 provision of law, the Attorney General and the Di- 19 rector of the Federal Bureau of Investigation shall 20 provide to the Department of Homeland Security 21 and the Department of State access to the criminal 22 history record information contained in the National 23 Crime Information Center’s Interstate Identification 24 Index (NCIC-III) and the Wanted Persons File and 25 to any other files maintained by the National Crime 26 Information Center for the purpose of determining MDM17980 S.L.C. 380 1 whether an applicant or petitioner for a visa, admis- 2 sion, or any benefit, relief, or status under the immi- 3 gration laws, or any beneficiary of an application, 4 petition, relief, or status under the immigration 5 laws, has a criminal history record indexed in the 6 file. 7 ‘‘(2) AUTHORIZED 8 ‘‘(A) IN 9 10 ACTIVITIES.— GENERAL.—The Secretary of Homeland Security and the Secretary of State— 11 ‘‘(i) shall have direct access, without 12 any fee or charge, to the information de- 13 scribed in paragraph (1) to conduct name- 14 based searches, file number searches, and 15 any other searches that any criminal jus- 16 tice or other law enforcement officials are 17 entitled to conduct; and 18 ‘‘(ii) may contribute to the records 19 maintained by the National Crime Infor- 20 mation Center. 21 ‘‘(B) SECRETARY OF HOMELAND SECU- 22 RITY.—The 23 shall receive, on request by the Secretary of 24 Homeland Security, access to the information 25 described in paragraph (1) by means of extracts Secretary of Homeland Security MDM17980 S.L.C. 381 1 of the records for placement in the appropriate 2 database without any fee or charge. 3 ‘‘(c) CRIMINAL JUSTICE AND LAW ENFORCEMENT 4 PURPOSES.—Notwithstanding any other provision of law, 5 adjudication of eligibility for benefits, relief, or status 6 under the immigration laws and other purposes relating 7 to citizenship and immigration services, shall be consid8 ered to be criminal justice or law enforcement purposes 9 with respect to access to or use of any information main10 tained by the National Crime Information Center or other 11 criminal history information or records.’’. 12 SEC. 564. APPROPRIATE REMEDIES FOR IMMIGRATION 13 14 LITIGATION. (a) LIMITATION ON CLASS ACTIONS.—No court may 15 certify a class under rule 23 of the Federal Rules of Civil 16 Procedure in any civil action that— 17 18 (1) is filed after the date of enactment of this Act; and 19 (2) pertains to the administration or enforce- 20 ment of the immigration laws. 21 (b) REQUIREMENTS 22 23 SPECTIVE FOR AN ORDER GRANTING PRO- RELIEF AGAINST THE GOVERNMENT.— (1) IN GENERAL.—If a court determines that 24 prospective relief should be ordered against the Gov- 25 ernment in any civil action pertaining to the admin- MDM17980 S.L.C. 382 1 istration or enforcement of the immigration laws, 2 the court shall— 3 4 5 6 (A) limit the relief to the minimum necessary to correct the violation of law; (B) adopt the least intrusive means to correct the violation of law; 7 (C) minimize, to the greatest extent prac- 8 ticable, the adverse impact on national security, 9 border security, immigration administration and 10 enforcement, and public safety; and 11 (D) provide for the expiration of the relief 12 on a specific date, which is not later than the 13 earliest date necessary for the Government to 14 remedy the violation. 15 (2) WRITTEN EXPLANATION.—The require- 16 ments described in paragraph (1) shall be discussed 17 and explained in writing in the order granting pro- 18 spective relief and shall be sufficiently detailed to 19 allow review by another court. 20 (3) EXPIRATION OF PRELIMINARY INJUNCTIVE 21 RELIEF.—Preliminary 22 under paragraph (1) shall automatically expire on 23 the date that is 90 days after the date on which 24 such relief is entered, unless the court— injunctive relief granted MDM17980 S.L.C. 383 1 (A) finds that such relief meets the re- 2 quirements described in subparagraphs (A) 3 through (D) of paragraph (1) for the entry of 4 permanent prospective relief; and 5 (B) orders the preliminary relief to become 6 a final order granting prospective relief prior to 7 the expiration of the 90-day period. 8 (c) PROCEDURE FOR MOTION AFFECTING ORDER 9 GRANTING PROSPECTIVE RELIEF AGAINST 10 11 THE GOVERN- MENT.— (1) IN GENERAL.—A court shall promptly rule 12 on a motion made by the United States Government 13 to vacate, modify, dissolve, or otherwise terminate 14 an order granting prospective relief in any civil ac- 15 tion pertaining to the administration or enforcement 16 of the immigration laws. 17 (2) AUTOMATIC 18 (A) IN STAYS.— GENERAL.—A motion to vacate, 19 modify, dissolve, or otherwise terminate an 20 order granting prospective relief made by the 21 United States Government in any civil action 22 pertaining to the administration or enforcement 23 of the immigration laws shall automatically, and 24 without further order of the court, stay the 25 order granting prospective relief on the date MDM17980 S.L.C. 384 1 that is 15 days after the date on which such 2 motion is filed unless the court previously has 3 granted or denied the Government’s motion. 4 (B) DURATION OF AUTOMATIC STAY.—An 5 automatic stay under subparagraph (A) shall 6 continue until the court enters an order grant- 7 ing or denying the Government’s motion. 8 (C) POSTPONEMENT.—The court, for good 9 cause, may postpone an automatic stay under 10 subparagraph (A) for not longer than 15 days. 11 (D) 12 STAYS.—Any 13 ing, or otherwise barring the effective date of 14 the automatic stay described in subparagraph 15 (A), other than an order to postpone the effec- 16 tive date of the automatic stay for not longer 17 than 15 days under subparagraph (C), shall 18 be— ORDERS BLOCKING AUTOMATIC order staying, suspending, delay- 19 (i) treated as an order refusing to va- 20 cate, modify, dissolve, or otherwise termi- 21 nate an injunction; and 22 (ii) immediately appealable under sec- 23 tion 1292(a)(1) of title 28, United States 24 Code. 25 (d) SETTLEMENTS.— MDM17980 S.L.C. 385 1 (1) CONSENT DECREES.—In any civil action 2 pertaining to the administration or enforcement of 3 the immigration laws, the court may not enter, ap- 4 prove, or continue a consent decree that does not 5 comply with the requirements of subsection (b)(1). 6 (2) PRIVATE SETTLEMENT AGREEMENTS.— 7 Nothing in this subsection shall preclude parties 8 from entering into a private settlement agreement 9 that does not comply with subsection (b)(1). 10 (e) EXPEDITED PROCEEDINGS.—It shall be the duty 11 of every court to advance on the docket and to expedite 12 the disposition of any civil action or motion considered 13 under this section. 14 (f) CONSENT DECREE DEFINED.—In this section, 15 the term ‘‘consent decree’’— 16 (1) means any relief entered by the court that 17 is based in whole or in part on the consent or acqui- 18 escence of the parties; and 19 20 (2) does not include private settlements. SEC. 565. USE OF 1986 IRCA LEGALIZATION INFORMATION 21 FOR NATIONAL SECURITY PURPOSES. 22 (a) SPECIAL AGRICULTURAL WORKERS.—Section 23 210(b)(6) of the Immigration and Nationality Act (8 24 U.S.C. 1160(b)(6)) is amended— MDM17980 S.L.C. 386 1 2 3 4 5 6 7 8 (1) by striking ‘‘Attorney General’’ each place that term appears and inserting ‘‘Secretary’’; (2) in subparagraph (A), by striking ‘‘Justice’’ and inserting ‘‘Homeland Security’’; (3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (4) inserting after subparagraph (B) the following: 9 ‘‘(C) AUTHORIZED 10 ‘‘(i) CENSUS DISCLOSURES.— PURPOSE.—The Sec- 11 retary of Homeland Security may provide, 12 in the Secretary’s discretion, for the fur- 13 nishing of information furnished under this 14 section in the same manner and cir- 15 cumstances as census information may be 16 disclosed under section 8 of title 13, 17 United States Code.’’. 18 ‘‘(ii) NATIONAL SECURITY PUR- 19 POSE.—The 20 rity may provide, in the Secretary’s discre- 21 tion, for the furnishing, use, publication, or 22 release of information furnished under this 23 section in any investigation, case, or mat- 24 ter, or for any purpose, relating to ter- Secretary of Homeland Secu- MDM17980 S.L.C. 387 1 rorism, national intelligence or the national 2 security.’’; and 3 (5) in subparagraph (D), as redesignated, strik- 4 ing ‘‘Service’’ and inserting ‘‘Department of Home- 5 land Security’’. 6 (b) ADJUSTMENT OF STATUS.—Section 245A of the 7 Immigration and Nationality Act (8 U.S.C. 1255a), is 8 amended in subsection (c)(5)— 9 (1) by striking ‘‘Attorney General’’ each place 10 that term appears and inserting ‘‘Secretary of 11 Homeland Security’’; 12 13 14 15 (2) in subparagraph (A), by striking ‘‘Justice’’ and inserting ‘‘Homeland Security’’; and (3) by amending subparagraph (C) to read as follows: 16 ‘‘(C) AUTHORIZED 17 ‘‘(i) CENSUS DISCLOSURES.— PURPOSE.—The Sec- 18 retary of Homeland Security may provide, 19 in the Secretary’s discretion, for the fur- 20 nishing of information furnished under this 21 section in the same manner and cir- 22 cumstances as census information may be 23 disclosed under section 8 of title 13, 24 United States Code. MDM17980 S.L.C. 388 1 ‘‘(ii) NATIONAL SECURITY PUR- 2 POSE.—The 3 rity may provide, in the Secretary’s discre- 4 tion, for the furnishing, use, publication, or 5 release of information furnished under this 6 section in any investigation, case, or mat- 7 ter, or for any purpose, relating to ter- 8 rorism, national intelligence or the national 9 security.’’. Secretary of Homeland Secu- 10 SEC. 566. UNIFORM STATUTE OF LIMITATIONS FOR CER- 11 TAIN IMMIGRATION, NATURALIZATION, AND 12 PEONAGE OFFENSES. 13 Section 3291 of title 18, United States Code, is 14 amended by striking ‘‘No person’’ and all that follows 15 through the period at the end and inserting the following: 16 ‘‘No person shall be prosecuted, tried, or pun- 17 ished for a violation of any section of chapters 69 18 (relating to nationality and citizenship offenses) and 19 75 (relating to passport, visa, and immigration of- 20 fenses), or for a violation of any criminal provision 21 of sections 243, 274, 275, 276, 277, or 278 of the 22 Immigration and Nationality Act, or for an attempt 23 or conspiracy to violate any such section, unless the 24 indictment is returned or the information is filed MDM17980 S.L.C. 389 1 within ten years after the commission of the of- 2 fense.’’. 3 SEC. 567. CONFORMING AMENDMENT TO THE DEFINITION 4 5 OF RACKETEERING ACTIVITY. Section 1961(1) of title 18, United States Code, is 6 amended by striking ‘‘section 1542’’ and all that follows 7 through ‘‘section 1546 (relating to fraud and misuse of 8 visas, permits, and other documents)’’ and inserting ‘‘sec9 tions 1541–1547 (relating to passports and visas)’’. 10 11 SEC. 568. VALIDITY OF ELECTRONIC SIGNATURES. (a) CIVIL CASES.— 12 (1) IN GENERAL.—Chapter 9 of title II of the 13 Immigration and Nationality Act (8 U.S.C. 1351 et 14 seq.) is amended by adding at the end the following 15 new section: 16 17 ‘‘SEC. 295. VALIDITY OF SIGNATURES. ‘‘(a) IN GENERAL.—In any proceeding, adjudication, 18 or any other matter arising under the immigration laws, 19 an individual’s hand written or electronic signature on any 20 petition, application, or any other document executed or 21 provided for any purpose under the immigration laws es22 tablishes a rebuttable presumption that the signature exe23 cuted is that of the individual signing, that the individual 24 is aware of the contents of the document, and intends to 25 sign it.’’. MDM17980 S.L.C. 390 1 ‘‘(b) RECORD INTEGRITY.—The Secretary of Home- 2 land Security shall establish procedures to ensure that 3 when any electronic signature is captured for any petition, 4 application, or other document submitted for purposes of 5 obtaining an immigration benefit, the identity of the per6 son is verified and authenticated, and the record of such 7 identification and verification is preserved for litigation 8 purposes.’’. 9 (2) CLERICAL AMENDMENT.—The table of con- 10 tents in the first section of the Immigration and Na- 11 tionality Act is amended by inserting after the item 12 relating to section 294 the following: ‘‘Sec. 295. Validity of signatures.’’. 13 14 (b) CRIMINAL CASES.— (1) IN GENERAL.—Chapter 223 of title 18, 15 United States Code, is amended by adding at the 16 end the following: 17 ‘‘§ 3513. Signatures relating to immigration matters 18 ‘‘In a criminal proceeding in a court of the United 19 States, where an individual’s hand written or electronic 20 signature appears on a petition, application or other docu21 ment executed or provided for any purpose under the im22 migration laws (as defined in section 101(a)(17) of the 23 Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), 24 the trier of fact may infer that the document was signed 25 by that individual, and that the individual knew the con- MDM17980 S.L.C. 391 1 tents of the document and intended to sign the docu2 ment.’’. 3 (2) CLERICAL AMENDMENT.—The table of sec- 4 tions for chapter 223 of title 18, United States 5 Code, is amended by inserting after the item relating 6 to section 3512 the following: ‘‘3513. Signatures relating to immigration matters.’’. 13 TITLE VI—PROHIBITION ON TERRORISTS OBTAINING LAWFUL STATUS IN THE UNITED STATES Subtitle A—Prohibition on Adjustment to Lawful Permanent Resident Status 14 SEC. 601. LAWFUL PERMANENT RESIDENTS AS APPLICANTS 7 8 9 10 11 12 15 16 FOR ADMISSION. Section 101(a)(13)(C) of the Immigration and Na- 17 tionality Act (8 U.S.C. 1101(a)(13)(C)) is amended— 18 19 20 21 22 23 24 (1) in clause (v), by striking the ‘‘or’’ at the end; (2) in clause (vi), by striking the period and inserting a comma and ‘‘or’’; and (3) by adding at the end the following: ‘‘(vii) is described in section 212(a)(3) or section 237(a)(4).’’. MDM17980 S.L.C. 392 1 SEC. 602. DATE OF ADMISSION FOR PURPOSES OF ADJUST- 2 3 MENT OF STATUS. (a) APPLICANTS FOR ADMISSION.—Section 4 101(a)(13) of the Immigration and Nationality Act (8 5 U.S.C. 1101(a)(13)) is further amended by adding at the 6 end the following: 7 ‘‘(D) Adjustment of status of the alien to that 8 of an alien lawfully admitted for permanent resi- 9 dence under section 245 or any other provision of 10 law is an admission of the alien, notwithstanding 11 subparagraph (A) of this paragraph’’. 12 (b) ELIGIBILITY 13 VOLVING TO BE REMOVED FOR A CRIME IN- MORAL TURPITUDE.—Subclause (I) of section 14 237(a)(2)(A)(i) of the Immigration and Nationality Act 15 (8 U.S.C. 1227(a)(2)(A)(i)(I)) is amended by striking 16 ‘‘date of admission,’’ inserting ‘‘alien’s most recent date 17 of admission;’’. 18 SEC. 603. PRECLUDING ASYLEE AND REFUGEE ADJUST- 19 MENT OF STATUS FOR CERTAIN GROUNDS OF 20 INADMISSIBILITY AND DEPORTABILITY. 21 (a) GROUNDS FOR INADMISSIBILITY.—Section 22 209(c) of the Immigration and Nationality Act (8 U.S.C. 23 1159(c)) is amended by striking ‘‘any other provision of 24 such section (other than paragraph (2)(C) or subpara25 graph (A), (B), (C), or (E) of paragraph (3))’’ and insert26 ing ‘‘paragraph (1) of such section’’. MDM17980 S.L.C. 393 1 (b) NEED HEADER.—Section 209(c) of the Immigra- 2 tion and Nationality Act (8 U.S.C. 1159(c)) is amended 3 by striking ‘‘(other than paragraph (2)(C) or subpara4 graph (A), (B), (C), or (E) of paragraph (3))’’, and insert5 ing ‘‘(other than paragraph 2(C) or (G) or subparagraph 6 (A), (B), (C), (E), (F) or (G) of paragraph (3))’’. 7 (c) GROUNDS FOR DEPORTABILITY.—Section 209 of 8 the Immigration and Nationality Act (8 U.S.C. 1159) is 9 amended by adding at the end the following: 10 ‘‘(d) GROUNDS FOR DEPORTABILITY.—An alien may 11 not adjust status under this section if the alien is deport12 able under any provision of section 237 except subsections 13 (a)(5) of such section.’’. 14 (d) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to— 16 17 (1) any act that occurred before, on, or after the date of the enactment of this Act; and 18 (2) all aliens who are required to establish ad- 19 missibility on or after such date, and in all removal, 20 deportation, or exclusion proceedings that are filed, 21 pending, or reopened, on or after such date. MDM17980 S.L.C. 394 1 SEC. 604. PRECLUDING REFUGEE ADJUSTMENT OF STATUS 2 FOR PERSECUTORS AND HUMAN RIGHTS VIO- 3 LATORS. 4 5 (a) PROHIBITION MENT OF STATUS TO OF REFUGEES SEEKING ADJUST- LAWFUL PERMANENT RESIDENCY 6 WHO HAVE ENGAGED IN NAZI PERSECUTION, GENOCIDE, 7 SEVERE VIOLATIONS 8 TURE, 9 USE OF OF RELIGIOUS FREEDOM, TOR- EXTRAJUDICIAL KILLING, OR THE RECRUITMENT/ CHILD SOLDIERS.—Section 209(c) of the Immi- 10 gration and Nationality Act (8 U.S.C. 1159(c)) is amend11 ed by striking ‘‘(other than paragraph (2)(C) or subpara12 graph (A), (B), (C), or (E) of paragraph (3))’’, and insert13 ing ‘‘(other than paragraph 2(C) or (G) or subparagraph 14 (A), (B), (C), (E), (F) or (G) of paragraph (3))’’. 15 16 (b) REVOCATION DENT STATUS FOR OF LAWFUL PERMANENT RESI- HUMAN RIGHTS VIOLATORS.—Section 17 240(b)(5) of the Immigration and Nationality Act (8 18 U.S.C. 1229a(b)(5)) is amended by inserting at the end 19 a new subparagraph (F) to read as follows— 20 ‘‘(F) Additional application to certain 21 aliens outside the United States who are associ- 22 ated with human rights violations. The pre- 23 ceding provisions of this paragraph shall apply 24 to any alien placed in proceedings under this 25 section who is outside of the United States, has 26 received notice of proceedings under section MDM17980 S.L.C. 395 1 240(a) either within or outside of the United 2 States, and is described in section 212(a)(2)(G) 3 (officials who have committed particularly se- 4 vere 5 212(a)(3)(E) (Nazi 6 extrajudicial killing, 7 212(a)(3)(G) (recruitment or use of child sol- 8 diers).’’. violations of religious freedom), persecution, genocide, or torture), or 9 SEC. 605. REMOVAL OF CONDITION ON LAWFUL PERMA- 10 NENT RESIDENT STATUS PRIOR TO NATU- 11 RALIZATION. 12 Sections 216(e) and 216A(e) of the Immigration and 13 Nationality Act (8 U.S.C. 1186a(e), 1186b(e)) are amend14 ed by striking the period at the end and inserting ‘‘, if 15 the alien has had the conditional basis removed pursuant 16 to this section.’’. 17 SEC. 606. PROHIBITION ON TERRORISTS AND ALIENS WHO 18 POSE A THREAT TO NATIONAL SECURITY OR 19 PUBLIC SAFETY FROM RECEIVING AN AD- 20 JUSTMENT OF STATUS. 21 22 (a) APPLICATION THE FOR ADJUSTMENT OF STATUS IN UNITED STATES.—Section 245 of the Immigration 23 and Nationality Act (8 U.S.C. 1255) is amended by strik24 ing the section heading and subsection (a) and inserting 25 the following: MDM17980 S.L.C. 396 1 2 3 4 ‘‘SEC. 245. ADJUSTMENT OF STATUS TO THAT OF A PERSON ADMITTED FOR PERMANENT RESIDENCE. ‘‘(a) IN GENERAL.— ‘‘(1) ELIGIBILITY FOR ADJUSTMENT.—The sta- 5 tus of an alien who was inspected and admitted or 6 paroled into the United States or the status of any 7 other alien having an approved petition for classi- 8 fication as a VAWA self-petitioner may be adjusted 9 by the Secretary of Homeland Security or Attorney 10 General, in the discretion of the Secretary of Home- 11 land Security or Attorney General, and under such 12 regulations as the Secretary of Homeland Security 13 or Attorney General may prescribe, to that of an 14 alien lawfully admitted for permanent residence if— 15 ‘‘(A) the alien makes an application for 16 such adjustment; 17 ‘‘(B) the alien is eligible to receive an im- 18 migrant visa, is admissible to the United States 19 for permanent residence, and is not subject to 20 exclusion, deportation, or removal from the 21 United States; and 22 ‘‘(C) an immigrant visa is immediately 23 available to the alien at the time the alien’s ap- 24 plication is filed. 25 ‘‘(2) IMMEDIATELY 26 AVAILABLE.—For purposes of this section, the term ‘immediately available’ MDM17980 S.L.C. 397 1 means that on the date of filing of the application 2 for adjustment of status, the visa category under 3 which the alien is seeking permanent residence is 4 current as determined by the Secretary of State and 5 reflected in the Department of State’s visa bulletin 6 for the month in which the application for adjust- 7 ment of status is filed. 8 9 ‘‘(3) REQUIREMENT VISA OUTSIDE THE TO OBTAIN AN IMMIGRANT UNITED STATES.—Notwith- 10 standing any provision in this section, the Secretary 11 of Homeland Security, in the Secretary’s sole and 12 unreviewable discretion, may— 13 ‘‘(A) prohibit an alien from seeking an ad- 14 justment of status under paragraph (1) while 15 the alien is present in the United States; and 16 ‘‘(B) require the alien to seek permanent 17 residence by applying for an immigrant visa at 18 a United States embassy or consulate in the 19 alien’s home country or other foreign country, 20 as designated by the Secretary of State, 21 if the Secretary of Homeland Security determines 22 that the alien may be a threat to national security 23 or public safety or if the Secretary of Homeland Se- 24 curity determines that a favorable exercise of discre- MDM17980 S.L.C. 398 1 tion to allow such adjustment of status in the 2 United States is not warranted.’’. 3 (b) PROHIBITION 4 POSE A THREAT TO ON TERRORISTS AND ALIENS WHO NATIONAL SECURITY OR PUBLIC 5 SAFETY ON ADJUSTMENT TO LAWFUL PERMANENT RESI6 DENT STATUS.—Subsection (c) of section 245 of the Im- 7 migration and Nationality Act (8 U.S.C. 1255(c)) is 8 amended to read as follows: 9 ‘‘(c) ALIENS NOT ELIGIBLE FOR ADJUSTMENT OF 10 STATUS.—Other than an alien having an approved peti11 tion for classification as a VAWA self-petitioner, sub12 section (a) shall not be applicable to— 13 ‘‘(1) an alien crewman; 14 ‘‘(2) subject to subsection (k), an alien (other 15 than an immediate relative as defined in section 16 201(b) or a special immigrant described in subpara- 17 graph (H), (I), (J), or (K) of section 101(a)(27)) 18 who hereafter continues in or accepts unauthorized 19 employment prior to filing an application for adjust- 20 ment of status or who is in unlawful immigration 21 status on the date of filing the application for ad- 22 justment of status or who has failed (other than 23 through no fault of his or her own or for technical 24 reasons) to maintain continuously a lawful status 25 since entry into the United States; MDM17980 S.L.C. 399 1 2 ‘‘(3) any alien admitted in transit without visa under section 212(d)(4)(C); 3 ‘‘(4) an alien (other than an immediate relative 4 as defined in section 201(b)) who was admitted as 5 a nonimmigrant visitor without a visa under section 6 212(l) or section 217; 7 8 9 10 ‘‘(5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S); ‘‘(6) an alien who described in section 237(a)(4)(B), (F), or (G); 11 ‘‘(7) any alien who seeks adjustment of status 12 to that of an immigrant under section 203(b) and is 13 not in a lawful nonimmigrant status; 14 ‘‘(8) any alien who at any time has committed, 15 ordered, incited, assisted, or otherwise participated 16 in the persecution of any person on account of race, 17 religion, nationality, membership in a particular so- 18 cial group, or political opinion; or 19 ‘‘(9) any alien who was employed while the 20 alien was an unauthorized alien, as defined in sec- 21 tion 274A(h)(3), or who has otherwise violated the 22 terms of a nonimmigrant visa.’’. MDM17980 S.L.C. 400 1 SEC. 607. TREATMENT OF APPLICATIONS FOR ADJUST- 2 MENT 3 DENATURALIZATION PROCEEDINGS. 4 Section 245 of the Immigration and Nationality Act OF STATUS DURING PENDING 5 (8 U.S.C. 1451), as amended by section 605, is further 6 amended by adding a new subsection (n) to read as fol7 lows: 8 ‘‘(n) Treatment of Applications During Pending 9 Denaturalization Proceedings. No application for adjust10 ment of status may be considered or approved by the Sec11 retary of Homeland Security or Attorney General, and no 12 court shall order the approval of an application for adjust13 ment of status if the approved petition for classification 14 under section 204 that is the underlying basis for the ap15 plication for adjustment of status was filed by an indi16 vidual who has a judicial proceeding pending against him 17 or her that would result in the individual’s 18 denaturalization under section 340.’’. 19 20 21 SEC. 608. EXTENSION OF TIME LIMIT TO PERMIT RESCISSION OF PERMANENT RESIDENT STATUS. Section 246 of the Immigration and Nationality Act 22 (8 U.S.C. 1256(a)) is amended— 23 (1) in subsection (a) by— 24 (A) inserting ‘‘(1)’’ after ‘‘(a)’’; 25 (B) striking ‘‘within five years’’ and insert- 26 ing ‘‘within 10 years’’; MDM17980 S.L.C. 401 1 (C) striking ‘‘Attorney General’’ each place 2 that term appears and inserting ‘‘Secretary of 3 Homeland Security’’; and 4 (D) adding at the end the following: 5 ‘‘(2) In any removal proceeding involving 6 an alien whose status has been rescinded under 7 this subsection, the determination by the Sec- 8 retary that the alien was not eligible for adjust- 9 ment of status is not subject to review or recon- 10 sideration during such proceedings.’’. 11 (2) by redesignating subsection (b) as sub- 12 13 14 section (c); and (3) by inserting new subsection (b) to read as follows: 15 ‘‘(b) Nothing in subsection (a) shall re- 16 quire the Secretary of Homeland Security to re- 17 scind the alien’s status prior to commencement 18 of proceedings to remove the alien under section 19 240 of the Act. The Secretary of Homeland Se- 20 curity may commence removal proceedings at 21 any time against any alien who is removable, 22 including those aliens who adjusted status 23 under section 245 or 249 of the Act or any 24 other provision of law to that of an alien law- 25 fully admitted for permanent residence. This MDM17980 S.L.C. 402 1 section of the Act contains no statute of limita- 2 tions with respect to commencement of removal 3 proceedings under section 240. An order of re- 4 moval issued by an immigration judge shall be 5 sufficient to rescind the alien’s status.’’. 6 SEC. 609. BARRING PERSECUTORS AND TERRORISTS FROM 7 8 REGISTRY. Section 249 of the Immigration and Nationality Act 9 (8 U.S.C. 1259) is amended to read as follows: 10 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se- 11 curity, in the discretion of the Secretary and under such 12 regulations as the Secretary may prescribe, may enter a 13 record of lawful admission for permanent residence in the 14 case of any alien, if no such record is otherwise available 15 and the alien— 16 17 18 19 20 21 ‘‘(1) entered the United States before January 1, 1972; ‘‘(2) has continuously resided in the United States since such entry; ‘‘(3) has been a person of good moral character since such entry; 22 ‘‘(4) is not ineligible for citizenship; 23 ‘‘(5) is not described in paragraph (1)(A)(iv), 24 (2), (3), (6)(C), (6)(E), (8), or (9)(C) of section 25 212(a); MDM17980 S.L.C. 403 1 2 ‘‘(6) is not described in paragraph (1)(E), (1)(G), (2), (4) of section 237(a); and 3 ‘‘(7) did not, at any time, without reasonable 4 cause, fail or refuse to attend or remain in attend- 5 ance at a proceeding to determine the alien’s inad- 6 missibility or deportability. 7 ‘‘(b) RECORDATION DATE OF PERMANENT 8 RESIDENCE.—The record of an alien’s lawful admis- 9 sion for permanence residence shall be the date the 10 Secretary approves the application for such status 11 under this section.’’. 14 Subtitle B—Prohibition on Naturalization and United States Citizenship 15 SEC. 621. BARRING TERRORISTS FROM BECOMING NATU- 12 13 16 17 RALIZED UNITED STATES CITIZENS. (a) Section 316 of the Immigration and Nationality 18 Act (8 U.S.C. 1427) is amended by adding at the end the 19 following: 20 21 ‘‘(g) PERSONS ENDANGERING NATIONAL SECURITY.— 22 ‘‘(1) PROHIBITION 23 ‘‘(A) IN ON NATURALIZATION.— GENERAL.—No person may be 24 naturalized if the Secretary of Homeland Secu- 25 rity makes a determination, in the discretion of MDM17980 S.L.C. 404 1 the Secretary, that the alien is an alien de- 2 scribed in section 212(a)(3) or 237(a)(4) at any 3 time, including any period prior to, or after the 4 filing of an application for naturalization. 5 ‘‘(B) EXCEPTION.—Subparagraph (A), as 6 it relates to an alien described in section 7 212(a)(3), shall not apply if the alien received 8 an exemption under section 212(d)(3)(B)(i) and 9 the only conduct or actions that make the alien 10 come within the ambit of section 212(a)(3) and 11 would bar the alien from naturalization are spe- 12 cifically covered by such exemption. 13 ‘‘(2) BASIS FOR DETERMINATION; PROHIBITION 14 ON REVIEW.—A 15 graph (1) may be based upon any relevant informa- 16 tion or evidence, including classified, sensitive, or 17 national security information.’’. 18 (b) Section 340(d) of the Immigration and Nation- determination made under para- 19 ality Act (8 U.S.C. 1451(e)) is amended by revising the 20 first sentence to read as follows— 21 22 23 ″Any person who claims United States citizen- 24 ship through the naturalization of a parent or 25 spouse in whose case there is a revocation and MDM17980 S.L.C. 405 1 setting aside of the order admitting such parent 2 or spouse to citizenship under the provisions 3 of— 4 5 ‘‘(1) subsection (a) of this section on the 6 ground that the order and certificate of naturaliza- 7 tion were procured by concealment of a material fact 8 or by willful misrepresentation, or 9 ‘‘(2) subsection of (e) of this section pursuant 10 to a conviction under section 1425 of title 18, 11 shall be deemed to have lost and to lose his citizen- 12 ship and any right or privilege of citizenship which 13 he may have, now has, or may hereafter acquire 14 under and by virtue of such naturalization of such 15 parent or spouse, regardless of whether such person 16 is residing within or without the United States at 17 the time of the revocation and setting aside of the 18 order admitting such parent or spouse to citizen- 19 ship.’’. 20 21 22 SEC. 622. TERRORIST BAR TO GOOD MORAL CHARACTER. (a) DEFINITION OF GOOD MORAL CHARACTER.— (1) EXCLUSION OF TERRORIST ALIENS.—Sec- 23 tion 101(f) of the Immigration and Nationality Act 24 (8 U.S.C. 1101(f)), as amended by sections 506 and 25 508, is further amended— MDM17980 S.L.C. 406 1 (A) in paragraph (8), by striking ‘‘; or’’ 2 and inserting ‘‘, regardless whether the crime 3 was classified as an aggravated felony at the 4 time of conviction, provided that, the Secretary 5 of Homeland Security or Attorney General may, 6 in the unreviewable discretion of the Secretary 7 or the Attorney General, determine that this 8 paragraph shall not apply in the case of a sin- 9 gle aggravated felony conviction (other than 10 murder, manslaughter, homicide, rape, or any 11 sex offense when the victim of such sex offense 12 was a minor) for which completion of the term 13 of imprisonment or the sentence (whichever is 14 later) occurred 15 or more years before the date 15 of application;’’; and 16 (B) by inserting after paragraph (10), as 17 added by section 506, the following: 18 ‘‘(11) one who the Secretary of Homeland Se- 19 curity or the Attorney General determines, in the 20 unreviewable discretion of the Secretary of Home- 21 land Security or the Attorney General of Homeland 22 Security, to have been at any time an alien described 23 in section 212(a)(3) or 237(a)(4), which determina- 24 tion— MDM17980 S.L.C. 407 1 ‘‘(A) may be based upon any relevant in- 2 formation or evidence, including classified, sen- 3 sitive, or national security information; and 4 ‘‘(B) shall be binding upon any court re- 5 gardless of the applicable standard of review.’’; 6 and 7 (2) by striking the first sentence of the undesig- 8 nated paragraph at the end and inserting following: 9 ‘‘øClient - made some change here and I can’t figure out 10 what it is.¿ The fact that any person is not within any 11 of the foregoing classes shall not preclude a discretionary 12 finding for other reasons that such a person is or was not 13 of good character. The Secretary of Homeland Security 14 or the Attorney General shall not be limited to the appli15 cant’s conduct during the period for which good moral 16 character is required, but may take into consideration as 17 a basis for determination the applicant’s conduct and acts 18 at any time.’’. 19 (b) AGGRAVATED FELONS.—Subsection (b) of section 20 509 of the Immigration Act of 1990 (Public Law 101– 21 649; 8 U.S.C. 1101 note) is amended by striking ‘‘convic22 tions’’ and all that follows through the end and inserting 23 ‘‘convictions occurring before, on, or after such date.’’. 24 (c) EFFECTIVE DATE AND APPLICATION.— MDM17980 S.L.C. 408 1 (1) SUBSECTIONS (a) AND (b).—The amend- 2 ments made by subsections (a) and (b) shall take ef- 3 fect on the date of the enactment of this Act, shall 4 apply to any act that occurred before, on, or after 5 the date of enactment, and shall apply to any appli- 6 cation for naturalization or any other benefit or re- 7 lief, or any other case or matter under the immigra- 8 tion laws pending on or filed after the date of enact- 9 ment of this Act. 10 (2) SUBSECTION (c).—The amendments made 11 by subsection (c) shall take effect as if included in 12 the enactment of the Intelligence Reform and Ter- 13 rorism Prevention Act of 2004 (Public Law 108– 14 458). 15 SEC. 623. PROHIBITION ON JUDICIAL REVIEW OF NATU- 16 RALIZATION APPLICATIONS FOR ALIENS IN 17 REMOVAL PROCEEDINGS. 18 Section 318 of the Immigration and Nationality Act 19 (8 U.S.C. 1429) is amended in its entirety to read as fol20 lows: 21 ‘‘(a) IN GENERAL.—Except as otherwise provided in 22 this subchapter, no person shall be naturalized unless he 23 has been lawfully admitted to the United States for per24 manent residence in accordance with all applicable provi25 sions of this chapter. MDM17980 S.L.C. 409 1 ‘‘(b) BURDEN OF PROOF.—The burden of proof shall 2 be upon such person to show that he entered the United 3 States lawfully, and the time, place, and manner of such 4 entry into the United States, but in presenting such proof 5 he shall be entitled to the production of his immigrant 6 visa, if any, or of other entry document, if any, and of 7 any other documents and records, not considered by the 8 Attorney General to be confidential, pertaining to such 9 entry, in the custody of the Service. 10 ‘‘(c) LIMITATIONS ON REVIEW.—Notwithstanding 11 the provisions of section 405(b), and except as provided 12 in sections 328 and 329 of this title— 13 ‘‘(1) No person shall be naturalized against 14 whom there is outstanding a final finding of deport- 15 ability pursuant to a warrant of arrest issued under 16 the provisions of this chapter or any other Act. 17 ‘‘(2)(A) No application for naturalization shall 18 be considered by the Secretary of Homeland Secu- 19 rity or any court if there is pending against the ap- 20 plicant any removal proceeding or other proceeding 21 to determine whether the applicant’s lawful perma- 22 nent resident status should be rescinded, regardless 23 of when such proceeding was commenced. 24 ‘‘(B) The findings of the Attorney General in 25 terminating removal proceedings or in cancelling the MDM17980 S.L.C. 410 1 removal of an alien pursuant to the provisions of 2 this Act, shall not be deemed binding in any way 3 upon the Secretary of Homeland Security with re- 4 spect to the question of whether such person has es- 5 tablished his or her eligibility for naturalization as 6 required by this Act.’’. 7 SEC. 624. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY 8 HAS NOT MADE DECISION ON NATURALIZA- 9 TION APPLICATION AND ON DENIALS. 10 11 (a) LIMITATION RALIZATION ON REVIEW OF PENDING NATU- APPLICATIONS.—Subsection (b) of section 12 336 of the Immigration and Nationality Act (8 U.S.C. 13 1447(b)) is amended to read as follows: 14 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT 15 COURT.—If no final administrative determination is made 16 on an application for naturalization under section 335 17 prior to the end of the 180-day period beginning on the 18 date on which the Secretary of Homeland Security com19 pletes all examinations and interviews conducted under 20 such section, as such terms are defined by the Secretary 21 pursuant to regulations, the applicant may apply to the 22 district court for the district in which the applicant resides 23 for a hearing on the matter. Such court shall only have 24 jurisdiction to review the basis for delay and remand the MDM17980 S.L.C. 411 1 matter to the Secretary for the Secretary’s determination 2 on the application.’’. 3 (b) LIMITATIONS ON REVIEW OF DENIAL.—Sub- 4 section (c) of section 310 of the Immigration and Nation5 ality Act (8 U.S.C. 1421(c)) is amended to read as follows: 6 ‘‘(c) JUDICIAL REVIEW.— 7 ‘‘(1) JUDICIAL REVIEW OF DENIAL.—A person 8 whose application for naturalization under this title 9 is denied, after a hearing before an immigration offi- 10 cer under section 336(a), may seek, not later than 11 120 days after the date of the Secretary of Home- 12 land Security’s administratively final determination 13 on the application, review of such denial before the 14 United States district court for the district in which 15 such person resides in accordance with chapter 7 of 16 title 5, United States Code. 17 ‘‘(2) BURDEN OF PROOF.—The burden shall be 18 upon the petitioner to show that the denial by the 19 Secretary of Homeland Security of the application 20 for naturalization was not supported by facially le- 21 gitimate and bona fide reasons. 22 ‘‘(3) LIMITATIONS ON REVIEW.—Except in a 23 proceeding under section 340, and notwithstanding 24 any other provision of law, including section 2241 of 25 title 28, United States Code, any other habeas cor- MDM17980 S.L.C. 412 1 pus provision, and sections 1361 and 1651 of such 2 title, no court shall have jurisdiction to determine, or 3 to review a determination of the Secretary of Home- 4 land Security made at any time regarding, whether, 5 for purposes of an application for naturalization, an 6 alien— 7 ‘‘(A) is a person of good moral character; 8 ‘‘(B) understands and is attached to the 9 principles of the Constitution of the United 10 11 12 13 States; or ‘‘(C) is well disposed to the good order and happiness of the United States.’’. (c) EFFECTIVE DATE AND APPLICATION.—The 14 amendments made by this subsection— 15 16 17 18 (1) shall take effect on the date of the enactment of this Act; (2) shall apply to any act that occurred before, on, or after such date of enactment; and 19 (3) shall apply to any application for natu- 20 ralization or any other case or matter under the im- 21 migration laws that is pending on, or filed after, 22 such date of enactment. MDM17980 S.L.C. 413 1 SEC. 625. CLARIFICATION OF DENATURALIZATION AU- 2 3 THORITY. Section 340 of the Immigration and Nationality Act 4 (8 U.S.C. 1451) is amended— 5 (1) in subsection (a), by striking ‘‘United 6 States attorneys for the respective districts,’’ and in- 7 serting ‘‘Attorney General,’’; and 8 9 10 (2) by striking subsection (c) and inserting the following: ‘‘(c) BURDEN.—The burden of proof shall be on the 11 Government to establish, by clear, unequivocal, and con12 vincing evidence, that an order granting citizenship to an 13 alien should be revoked and a certificate of naturalization 14 cancelled because such order and certificate were illegally 15 procured or were procured by concealment of a material 16 fact or by willful misrepresentation.’’. 17 18 19 SEC. 626. DENATURALIZATION OF TERRORISTS. (a) DENATURALIZATION TIES.—Section TERRORISTS ACTIVI- FOR 340 of the Immigration and Nationality 20 Act (8 U.S.C. 1451) is amended by— 21 22 23 24 (1) redesignating subsection (d) through (h) as subsections (f) through (j); and (2) inserting new subsection (d) to read as follows: 25 ‘‘(d) COMMISSION 26 AFTER NATURALIZATION.— OF TERRORIST ACTS MDM17980 S.L.C. 414 1 ‘‘(1) IN GENERAL.—If a person who 2 has been naturalized shall, within 15 years 3 following such naturalization, participate 4 in any act described in subsection (d)(2), 5 such act or acts shall be considered prima 6 facie evidence that such person was not at- 7 tached to the principles of the Constitution 8 of the United States and was not well dis- 9 posed to the good order and happiness of 10 the United States at the time of natu- 11 ralization, and, in the absence of counter- 12 vailing evidence, it shall be sufficient in the 13 proper proceeding to authorize the revoca- 14 tion and setting aside of the order admit- 15 ting such person to citizenship and the 16 cancellation of the certificate of naturaliza- 17 tion as having been obtained by conceal- 18 ment of a material fact or by willful mis- 19 representation, and such revocation and 20 setting aside of the order admitting such 21 person to citizenship and such canceling of 22 certificate of naturalization shall be effec- 23 tive as of the original date of the order and 24 certificate, respectively. MDM17980 S.L.C. 415 1 ‘‘(2) ACTS DESCRIBED.—The acts de- 2 scribed in this paragraph that shall subject 3 an individual to denaturalization under 4 subsection (d)(1) are the following: 5 ‘‘(A) Any activity a purpose of 6 which is the opposition to, or the con- 7 trol or overthrow of, the Government 8 of the United States by force, vio- 9 lence, or other unlawful means. 10 ‘‘(B) Engaging in a terrorist ac- 11 tivity (as defined in clauses (iii) and 12 (iv) of section 212(a)(3)(B)). 13 ‘‘(C) Incitement of terrorist ac- 14 tivity under circumstances indicating 15 an intention to cause death or serious 16 bodily harm. 17 ‘‘(D) Receiving military-type 18 training 19 2339D(c)(1) of title 18, United States 20 Code) from or on behalf of any orga- 21 nization that, at the time the training 22 was received, was a terrorist organiza- 23 tion 24 212(a)(3)(B)(vi)).’’. (as (as defined defined in in section section MDM17980 S.L.C. 416 1 (b) EFFECTIVE DATE.—The amendments made by 2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to acts that occur on 4 or after such date. 5 SEC. 627. TREATMENT OF PENDING APPLICATIONS DURING 6 DENATURALIZATION PROCEEDINGS. 7 (a) Section 204(b) of the Immigration and Nation- 8 ality Act (8 U.S.C. 1154(b)) is amended by— 9 10 (1) inserting ‘‘(1) IN GENERAL.—Except as provided in subsection (b)(2),’’ before ‘‘After’’; 11 12 13 14 (2) revising the term ‘‘After’’ to read ‘‘after’’; and (3) inserting new subsection (b)(2) to read as follows: 15 ‘‘(2) Treatment of petitions during pending 16 denaturalization proceedings. The Secretary shall 17 not adjudicate or approve any petition filed under 18 this section by an individual who has a judicial pro- 19 ceeding pending against him or her that would result 20 in the individual’s denaturalization under section 21 340 until such proceedings have concluded and, if 22 applicable, the period for appeal has expired or any 23 appeals have been finally decided.’’. 24 (b) Section 340 of the Immigration and Nationality 25 Act (8 U.S.C. 1451), as amended by section 626, is fur- MDM17980 S.L.C. 417 1 ther amended by inserting new subsection (e) to read as 2 follows: 3 ‘‘(e) WITHHOLDING OF IMMIGRATION 4 BENEFITS DURING DENATURALIZATION PRO- 5 CEEDINGS.—The 6 approve any application, petition, or request for 7 any immigration benefit from an individual 8 against whom there is a judicial proceeding 9 pending that would result in the individual’s 10 denaturalization under this section until such 11 proceedings have concluded and, if applicable, 12 the period for appeal has expired or any appeals 13 have been finally decided.’’. 14 15 Secretary shall not accept or SEC. 628. NATURALIZATION DOCUMENT RETENTION. (a) IN GENERAL.—Chapter 2 of title III of the Immi- 16 gration and Nationality Act (8 U.S.C. 1421 et seq.) is 17 amended by inserting after section 344 the following: 18 19 ‘‘SEC. 345. NATURALIZATION DOCUMENT RETENTION. ‘‘The Secretary shall retain the original paper natu- 20 ralization application and all supporting paper documents 21 submitted with the application at the time of filing for 22 a minimum of 7 years for law enforcement and national 23 security investigations and for litigation purposes, regard24 less of whether such documents are scanned into U.S. Citi- MDM17980 S.L.C. 418 1 zenship and Immigration Services’ electronic immigration 2 system or stored in any electronic format.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 in the first section of the Immigration and Nationality Act 5 is amended by inserting after the item relating to section 6 344 the following: ‘‘Sec. 345. Naturalization document retention.’’. 10 Subtitle C—Forfeiture of Proceeds From Passport and Visa Offences, and Passport Revocation. 11 SEC. 631. FORFEITURE OF PROCEEDS FROM PASSPORT 7 8 9 12 13 AND VISA OFFENSES. Section 981(a)(1) of title 18, United States Code, is 14 amended by adding at the end the following: 15 ‘‘(J) Any property, real or personal, that 16 has been used to commit or facilitate the com- 17 mission of a violation of chapter 75, the gross 18 proceeds of such violation, and any property 19 traceable to any such property or proceeds.’’. 20 21 SEC. 632. PASSPORT REVOCATION ACT. (a) SHORT TITLE.—This section may be cited as the 22 ‘‘Passport Revocation Act’’. 23 (b) REVOCATION 24 PASSPORT CARDS 25 ATED TO OR DENIAL OF PASSPORTS AND INDIVIDUALS WHO ARE AFFILI- WITH FOREIGN TERRORIST ORGANIZATIONS.—The MDM17980 S.L.C. 419 1 Act entitled ‘‘An Act to regulate the issue and validity of 2 passports, and for other purposes’’, approved July 3, 1926 3 (22 U.S.C. 211a et seq.), which is commonly known as 4 the ‘‘Passport Act of 1926’’, is amended by adding at the 5 end the following: 6 7 8 ‘‘SEC. 5. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD. ‘‘(a) INELIGIBILITY.— 9 ‘‘(1) ISSUANCE.—Except as provided under 10 subsection (b), the Secretary of State shall refuse to 11 issue a passport or passport card to any individual— 12 ‘‘(A) who has been convicted under chapter 13 113B of title 18, United States Code; or 14 ‘‘(B)(i) whom the Secretary has deter- 15 mined is a member of or is otherwise affiliated 16 with an organization the Secretary has des- 17 ignated as a foreign terrorist organization pur- 18 suant to section 219 of the Immigration and 19 Nationality Act (8 U.S.C. 1189); or 20 ‘‘(ii) has aided, abetted, or provided mate- 21 rial support to such an organization. 22 ‘‘(2) REVOCATION.—The Secretary of State 23 shall revoke a passport previously issued to any indi- 24 vidual described in paragraph (1). 25 ‘‘(b) EXCEPTIONS.— MDM17980 S.L.C. 420 1 ‘‘(1) EMERGENCY CIRCUMSTANCES, HUMANI- 2 TARIAN REASONS, AND LAW ENFORCEMENT PUR- 3 POSES.—Notwithstanding 4 retary of State may issue, or decline to revoke, a 5 passport of an individual described in such sub- 6 section in emergency circumstances, for humani- 7 tarian reasons, or for law enforcement purposes. 8 ‘‘(2) LIMITATION 9 STATES.—Notwithstanding 10 subsection (a), the Sec- FOR RETURN TO UNITED subsection (a)(2), the Secretary of State, before revocation, may— 11 ‘‘(A) limit a previously issued passport for 12 use only for return travel to the United States; 13 or 14 15 16 ‘‘(B) issue a limited passport that only permits return travel to the United States. ‘‘(c) RIGHT OF REVIEW.—Any individual who, in ac- 17 cordance with this section, is denied issuance of a passport 18 by the Secretary of State, or whose passport is revoked 19 or otherwise limited by the Secretary of State, may re20 quest a hearing before the Secretary of State not later 21 than 60 days after receiving notice of such denial, revoca22 tion, or limitation. 23 ‘‘(d) REPORT.—If the Secretary of State denies, 24 issues, limits, or declines to revoke a passport or passport 25 card under subsection (b), the Secretary shall, not later MDM17980 S.L.C. 421 1 than 30 days after such denial, issuance, limitation, or 2 revocation, submit to Congress a report on such denial, 3 issuance, limitation, or revocation, as the case may be.’’. 4 TITLE VII—OTHER MATTERS 5 SEC. 701. OTHER IMMIGRATION AND NATIONALITY ACT 6 7 AMENDMENTS. (a) NOTICE OF ADDRESS CHANGE.—Subsection (a) 8 of section 265 of the Immigration and Nationality Act (8 9 U.S.C. 1305(a)) is amended to read as follows: 10 ‘‘(a) Each alien required to be registered under this 11 Act who is within the United States shall notify the Sec12 retary of Homeland Security of each change of address 13 and new address within ten days from the date of such 14 change and shall furnish such notice in the manner pre15 scribed by the Secretary.’’. 16 17 (b) PHOTOGRAPHS CATES.—Section FOR NATURALIZATION CERTIFI- 333 of the Immigration and Nationality 18 Act (8 U.S.C. 1444) is amended by adding at the end the 19 following: 20 ‘‘(c) The Secretary may modify the technical require- 21 ments of this section in the Secretary’s discretion and as 22 the Secretary may deem necessary to provide for photo23 graphs to be furnished and used in a manner that is effi24 cient, secure, and consistent with the developments in 25 technology.’’. MDM17980 S.L.C. 422 1 SEC. 702. EXEMPTION FROM THE ADMINISTRATIVE PROCE- 2 3 DURE ACT. Except where promulgation of regulations is specified 4 in this Act, chapter 5 of title 5, United States Code (com5 monly known as the ‘‘Administrative Procedures Act’’), 6 and any other law relating to rulemaking, information col7 lection, or publication in the Federal Register, shall not 8 apply to any action to implement this Act, and the amend9 ments made by this Act, to the extent the Secretary, the 10 Secretary of State, or the Attorney General determines 11 that compliance with any such law would impede the expe12 ditious implementation of this Act or the amendments 13 made by this Act. 14 SEC. 703. EXEMPTION FROM THE PAPERWORK REDUCTION 15 16 ACT. Chapter 35 of title 44, United States Code, shall not 17 apply to any action to implement this Act or the amend18 ments made by this Act to the extent the Secretary of 19 Homeland Security, the Secretary of State, or the Attor20 ney General determines that compliance with such law 21 would impede the expeditious implementation of this Act 22 or the amendments made by this Act. 23 SEC. 704. ABILITY TO FILL AND RETAIN DHS POSITIONS IN 24 25 U.S. TERRITORIES. Section 530C of Title 28, United States Code, is 26 amended— MDM17980 S.L.C. 423 1 (1) in subsection (a) by inserting ‘‘or Depart- 2 ment of Homeland Security’’ after ‘‘Department of 3 Justice’’ and inserting ‘‘or Secretary of Homeland 4 Security’’ after ‘‘Attorney’’; 5 (2) in subsection (b)— 6 (A) in paragraph (1) introductory text by 7 inserting ‘‘or Secretary of Homeland Security’’ 8 after ‘‘Attorney General’’; 9 (B) in paragraph (1)(K)(i) by inserting 10 ‘‘or within US territories or commonwealths’’ 11 after ‘‘outside United States’’ and ‘‘or Sec- 12 retary of Homeland Security’’ after ‘‘Attorney 13 General’’; 14 (C) in paragraph (1)(K)(ii) ‘‘or Secretary 15 of Homeland Security’’ after ‘‘Attorney Gen- 16 eral’’; 17 (D) in paragraph (2) by— 18 (i) in subparagraph (A) by striking 19 ‘‘for the Immigration and Naturalization 20 Service’’ and inserting a ‘‘.’’ after ‘‘Drug 21 Enforcement Administration’’; and 22 (ii) in subparagraph (A) by adding 23 after ‘‘.’’ ‘‘Further funds available to the 24 Secretary of Homeland Security; MDM17980 S.L.C. 424 1 (iii) in subparagraph (B) by striking 2 ‘‘and for the Immigration and Naturaliza- 3 tion Service’’ and replacing with ‘‘and for 4 the Secretary of Homeland Security’’; and 5 (E) in paragraph (5) by striking ‘‘IMMISERV- 6 GRATION 7 ICE.—Funds 8 eral. . .’’ and replacing with ‘‘DEPARTMENT 9 HOMELAND SECURITY.— 10 AND NATURALIZATION available to the Attorney GenOF Funds available to the Secretary of Homeland Security. . .’’; 11 (F) in paragraph (7) by inserting ‘‘or the 12 Secretary of Homeland Security’’ after ‘‘Attor- 13 ney General’’ and striking ‘‘the Immigration 14 and Naturalization Service’’ and replacing with 15 ‘‘U.S. Immigration and Customs Enforcement’’; 16 (3) in subsection (d) by inserting ‘‘or Depart- 17 ment of Homeland Security’’ after ‘‘Department of 18 Justice’’. 19 20 SEC. 705. SEVERABILITY. If any provision of this Act or any amendment made 21 by this Act, or any application of such provision or amend22 ment to any person or circumstance, is held to be uncon23 stitutional, the remainder of the provisions of this Act and 24 the amendments made by this Act and the application of MDM17980 S.L.C. 425 1 the provision or amendment to any other person or cir2 cumstance shall not be affected. 3 4 SEC. 706. FUNDING. (a) IMPLEMENTATION.—The Director of the Office of 5 Management and Budget shall determine and identify— 6 7 8 9 10 (1) the appropriation accounts from which the rescission under subsection (a) shall apply; and (2) the amount of the rescission that shall be applied to each such account. (b) REPORT.—Not later than 60 days after the date 11 of the enactment of this Act, the Director of the Office 12 of Management and Budget shall submit a report to Con13 gress and to the Secretary of the Treasury that describes 14 the accounts and amounts determined and identified 15 under subsection (b) for rescission under subsection (a). 16 (c) EXCEPTIONS.—This subsection shall not apply to 17 unobligated funds of— 18 (1) the Department; 19 (2) the Department of Defense; or 20 (3) the Department of Veterans Affairs. MDM17980 S.L.C. 426 2 TITLE VIII—TECHNICAL AMENDMENTS 3 SEC. 801. REFERENCES TO THE IMMIGRATION AND NA- 1 4 5 TIONALITY ACT. Except as otherwise expressly provided, whenever in 6 this title an amendment or repeal is expressed in terms 7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a 9 section or other provision of the Immigration and Nation10 ality Act (8 U.S.C. 1101 et seq.). 11 12 SEC. 802. TITLE I TECHNICAL AMENDMENTS. (a) SECTION 101.— 13 (1) DEPARTMENT.—Paragraph (8) of section 14 101(a) (8 U.S.C. 1101(a)(8)) is amended to read as 15 follows: 16 17 18 19 20 ‘‘(8) The term ‘Department’ means the Department of Homeland Security.’’. (2) IMMIGRANT.—Paragraph (15) of section 101(a) (8 U.S.C. 1101(a)(15)) is amended— (A) in subparagraph (F)(i)— 21 (i) by striking the term ‘‘Attorney 22 General’’ each place that term appears and 23 inserting ‘‘Secretary’’; and 24 25 (ii) by striking ‘‘214(l)’’ and inserting ‘‘214(m)’’; MDM17980 S.L.C. 427 1 (B) in subparagraph (H)(i)— 2 (i) in øsubclause (b)¿, by striking 3 ‘‘certifies to the Attorney General that the 4 intending employer has filed with the Sec- 5 retary’’ and inserting ‘‘certifies to the Sec- 6 retary of Homeland Security that the in- 7 tending employer has filed with the Sec- 8 retary of Labor’’; and 9 (ii) in øsubclause (c)¿, by striking 10 ‘‘certifies to the Attorney General’’ and in- 11 serting ‘‘certifies to the Secretary of 12 Homeland Security’’; and 13 (C) in subparagraph (M)(i), by striking the 14 term ‘‘Attorney General’’ each place that term 15 appears and inserting ‘‘Secretary’’. 16 (3) IMMIGRATION OFFICER.—Paragraph (18) of 17 section 101(a) (8 U.S.C. 1101(a)(18)) is amended 18 by striking ‘‘Service or of the United States des- 19 ignated by the Attorney General,’’ and inserting 20 ‘‘Department or of the United States designated by 21 the Secretary,’’. 22 (4) SECRETARY.—Paragraph (34) of section 23 101(a) (8 U.S.C. 1101(a)(34)) is amended to read 24 as follows: MDM17980 S.L.C. 428 1 ‘‘(34) The term ‘Secretary’ means the Secretary 2 of Homeland Security, except as provided in section 3 219(d)(4).’’. 4 (5) SPECIAL IMMIGRANT.—Section 5 101(a)(27)(L)(iii) (8 U.S.C. 1101(a)(27)(L)(iii)) is 6 amended by adding a semicolon and ‘‘or’’ at the end. 7 (6) MANAGERIAL CAPACITY; EXECUTIVE CAPAC- 8 ITY.—Subparagraph 9 U.S.C. 1101(a)(44)(C)) is amended by striking ‘‘At- 10 11 (C) of section 101(a)(44) (8 torney General’’ and inserting ‘‘Secretary’’. (7) ORDER OF REMOVAL.—Subparagraph (A) 12 of section 101(a)(47) (8 U.S.C. 1101(a)(47)(A)) is 13 amended to read as follows: 14 ‘‘(A) The term ‘order of removal’ means 15 the order of the immigration judge, or other 16 such administrative officer to whom the Attor- 17 ney General or the Secretary has delegated the 18 responsibility for determining whether an alien 19 is removable, concluding that the alien is re- 20 movable or ordering removal.’’. 21 (8) TITLE 22 I AND II DEFINITIONS.—Subsection (b) of section 101 is amended— 23 (A) in paragraph (1)(F)(i), by striking 24 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 25 and MDM17980 S.L.C. 429 1 (B) in paragraph (4), by striking ‘‘Immi- 2 gration and Naturalization Service.’’ and insert- 3 ing ‘‘Department.’’. 4 5 (b) SECTION 103.— (1) IN GENERAL.—Section 103 (8 U.S.C. 1103) 6 is amended by striking the section heading and sub- 7 section (a)(1) and inserting the following: 8 9 ‘‘SEC. 103. POWERS AND DUTIES. ‘‘(a)(1) The Secretary shall be charged with the ad- 10 ministration and enforcement of this Act and all other 11 laws relating to the immigration and naturalization of 12 aliens, except insofar as this Act or such laws relate to 13 the powers, functions, and duties conferred upon the 14 President, Attorney General, the Secretary of Labor, the 15 Secretary of Agriculture, the Secretary of Health and 16 Human Services, the Commissioner of Social Security, the 17 Secretary of State, the officers of the Department of 18 State, or diplomatic or consular officers: Provided, how19 ever, That a determination and ruling by the Attorney 20 General with respect to all questions of law shall be con21 trolling.’’. 22 (2) TECHNICAL AND CONFORMING CORREC- 23 TIONS.—Subsection 24 as amended by paragraph (1), is further amended— 25 of section 103 (8 U.S.C. 1103), (A) in subsection (a)— MDM17980 S.L.C. 430 1 (i) in paragraph (2), by striking ‘‘He’’ 2 and inserting ‘‘The Secretary’’; 3 (ii) in paragraph (3)— 4 5 6 7 (I) by striking ‘‘He’’ and inserting ‘‘The Secretary’’; (II) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and 8 (III) by striking ‘‘his authority’’ 9 and inserting ‘‘the authority of the 10 Secretary’’; 11 (iii) in paragraph (4)— 12 13 (I) by striking ‘‘He’’ and inserting ‘‘The Secretary’’; and 14 (II) by striking ‘‘Service or the 15 Department of Justice’’ and insert the 16 ‘‘Department’’; 17 (iv) in paragraph (5)— 18 19 (I) by striking ‘‘He’’ and inserting ‘‘The Secretary’’; 20 (II) by striking ‘‘his discretion,’’ 21 and inserting ‘‘the discretion of the 22 Secretary,’’ and 23 (III) by striking ‘‘him’’ and in- 24 serting ‘‘the Secretary’’; 25 (v) in paragraph (6)— MDM17980 S.L.C. 431 1 2 (I) by striking ‘‘He’’ and inserting ‘‘The Secretary’’; 3 (II) by striking ‘‘Department’’ 4 and inserting ‘‘agency, department,’’; 5 and 6 (III) by striking ‘‘Service.’’ and 7 inserting ‘‘Department or upon con- 8 sular officers with respect to the 9 granting or refusal of visas’’; 10 (vi) in paragraph (7)— 11 12 (I) by striking ‘‘He’’ and inserting ‘‘The Secretary’’; 13 14 (II) by striking ‘‘countries;’’ and inserting ‘‘countries’’; 15 16 (III) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and 17 (IV) by striking ‘‘his judgment’’ 18 and inserting ‘‘the judgment of the 19 Secretary’’; 20 (vii) in paragraph (8), by striking 21 ‘‘Attorney General’’ and inserting ‘‘Sec- 22 retary’’; 23 (viii) in paragraph (10), by striking 24 ‘‘Attorney General’’ each place that term 25 appears and inserting ‘‘Secretary’’; and MDM17980 S.L.C. 432 1 (ix) in paragraph (11), by striking 2 ‘‘Attorney General,’’ and inserting ‘‘Sec- 3 retary,’’; 4 (B) by amending subsection (c) to read as 5 6 follows: ‘‘(c) SECRETARY; APPOINTMENT.—The Secretary 7 shall be a citizen of the United States and shall be ap8 pointed by the President, by and with the advice and con9 sent of the Senate. The Secretary shall be charged with 10 any and all responsibilities and authority in the adminis11 tration of the Department and of this Act. The Secretary 12 may enter into cooperative agreements with State and 13 local law enforcement agencies for the purpose of assisting 14 in the enforcement of the immigration laws.’’; 15 16 (C) in subsection (e)— (i) in paragraph (1), by striking 17 ‘‘Commissioner’’ 18 retary’’; and and inserting ‘‘Sec- 19 (ii) in paragraph (2), by striking 20 ‘‘Service’’ and inserting ‘‘U.S. Citizenship 21 and Immigration Services’’; 22 (D) in subsection (f)— 23 24 (i) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary’’; MDM17980 S.L.C. 433 1 (ii) by striking ‘‘Immigration and 2 Naturalization Service’’ and inserting ‘‘De- 3 partment’’; and 4 (iii) by striking ‘‘Service,’’ and insert- 5 ing ‘‘Department,’’; and 6 (E) in subsection (g)(1), by striking ‘‘Im- 7 migration Reform, Accountability and Security 8 Enhancement Act of 2002’’ and inserting 9 ‘‘Homeland Security Act of 2002 (Public Law 10 107–296; 116 Stat. 2135)’’. 11 (3) CLERICAL AMENDMENT.—The table of con- 12 tents in the first section is amended by striking the 13 item relating to section 103 and inserting the fol- 14 lowing: ‘‘Sec. 103. Powers and duties.’’. 15 (c) SECTION 105.—Section 105(a) is amended (8 16 U.S.C. 1105(a)) by striking ‘‘Commissioner’’ each place 17 that term appears and inserting ‘‘Secretary’’. 18 19 SEC. 803. TITLE II TECHNICAL AMENDMENTS. (a) SECTION 202.—Section 202(a)(1)(B) (8 U.S.C. 20 1152(a)(1)(B)) is amended by inserting ‘‘the Secretary 21 or’’ after ‘‘the authority of’’, 22 (b) SECTION 203.—Section 203 (8 U.S.C. 1153) is 23 amended— 24 (1) in subsection (b)(2)(B)(ii)— 25 (A) in subclause (II)— MDM17980 S.L.C. 434 1 (i) by inserting ‘‘the Secretary or’’ be- 2 fore ‘‘the Attorney General’’; and 3 (ii) by moving such subclause 4 ems 4 to the left; and 5 (B) by moving subclauses (III) and (IV) 4 6 ems to the left; and 7 (2) in subsection (g)— 8 9 (A) by striking ‘‘Secretary’s’’ and inserting ‘‘Secretary of State’s’’; and 10 11 12 (B) by inserting ‘‘of State’’ after ‘‘but the Secretary’’. (c) SECTION 204.—Section 204 (8 U.S.C. 1154) is 13 amended— 14 15 (1) in subsection (a)(1)— (A) in subparagraph (B)(i)— 16 (i) by redesignating the second sub- 17 clause 18 402(a)(3)(B) of the Adam Walsh Child 19 Protection and Safety Act of 2006 (Public 20 Law 109–248), as subclause (II); and (I), as added by section 21 (ii) indenting the left margin of such 22 subclause two ems from the left margin; 23 and 24 (B) in subparagraph (G)(ii), by inserting 25 ‘‘of State’’ after ‘‘by the Secretary’’; MDM17980 S.L.C. 435 1 (2) in subsection (c), by inserting ‘‘the Sec- 2 retary or’’ before ‘‘the Attorney General’’ each place 3 that term appears; and 4 (3) in subsection (e), by inserting ‘‘to’’ after 5 ‘‘admitted’’. 6 (d) Section 208 of the Immigration and Nationality 7 Act (8 U.S.C. 1158) is amended— 8 (1) in subsection (a)(2)— 9 (A) by inserting ‘‘the Secretary of Home- 10 land Security or’’ before ‘‘Attorney General’’ in 11 subparagraph (A); 12 (B) by inserting ‘‘the Secretary of Home- 13 land Security or’’ before ‘‘Attorney General’’ in 14 subparagraph (D); 15 (2) in subsection (b)(2) by inserting ‘‘the Sec- 16 retary of Homeland Security or’’ before ‘‘Attorney 17 General’’ wherever the term appears; 18 (3) in subsection (c)(1), by striking ‘‘the Attor- 19 ney General’’ and inserting ‘‘the Secretary of Home- 20 land Security’’; 21 (4) in paragraphs (2) and (3) of subsection (c), 22 by inserting ‘‘the Secretary of Homeland Security 23 or’’ before ‘‘Attorney General’’; and 24 (5) in subsection (d)— MDM17980 S.L.C. 436 1 (A) in paragraph (1), by inserting ‘‘the 2 Secretary of Homeland Security or’’ before ‘‘the 3 Attorney General’’, 4 (B) in paragraph (2), by striking ‘‘Attor- 5 ney General’’ and inserting ‘‘Secretary of 6 Homeland Security’’; and 7 (C) in paragraph (3)— 8 (i) by striking ‘‘Attorney General’’ 9 each place that term appears and inserting 10 ‘‘Secretary of Homeland Security’’; and 11 (ii) by striking ‘‘Attorney General’s’’ 12 and inserting ‘‘Secretary’s’’. 13 (D) in paragraphs (4) through (6), by in- 14 serting ‘‘the Secretary of Homeland Security 15 or’’ before ‘‘the Attorney General’’; and 16 (e) SECTION 209.—Section 209(a)(1)(A) (8 U.S.C. 17 1159(a)(1)(A)) is amended by striking ‘‘Secretary of 18 Homeland Security or the Attorney General’’ each place 19 that term appears and inserting ‘‘Secretary’’. 20 (f) SECTION 212.—Section 212 (8 U.S.C. 1182) is 21 amended— 22 23 24 (1) in subsection (a)— (A) in paragraphs (2)(C), (2)(H)(ii), (2)(I), (3)(A), and (3)(B)(ii)(II), by inserting ‘‘, MDM17980 S.L.C. 437 1 the Secretary,’’ before ‘‘or the Attorney Gen- 2 eral’’ each place that term appears; 3 (B) in paragraph (3)(D), by inserting ‘‘the 4 Secretary or’’ before ‘‘the Attorney General’’ 5 each place that term appears; 6 (C) in paragraph (4)— 7 (i) in subparagraph (A), by inserting 8 ‘‘the Secretary or’’ before ‘‘the Attorney 9 General’’; and 10 (ii) in subparagraph (B), by inserting 11 ‘‘, the Secretary,’’ before ‘‘or the Attorney 12 General’’ each place that term appears; 13 (D) in paragraph (5)(C), by striking ‘‘or, 14 in the case of an adjustment of status, the At- 15 torney General, a certificate from the Commis- 16 sion on Graduates of Foreign Nursing Schools, 17 or a certificate from an equivalent independent 18 credentialing organization approved by the At- 19 torney General’’ and inserting ‘‘or, in the case 20 of an adjustment of status, the Secretary or the 21 Attorney General, a certificate from the Com- 22 mission on Graduates of Foreign Nursing 23 Schools, or a certificate from an equivalent 24 independent 25 proved by the Secretary’’; credentialing organization ap- MDM17980 S.L.C. 438 1 2 (E) in paragraph (9)— (i) in subparagraph (B)(v)— 3 (I) by inserting ‘‘or the Sec- 4 retary’’ after ‘‘Attorney General’’ each 5 place that term appears; and 6 (II) by striking ‘‘has sole discre- 7 tion’’ and inserting ‘‘have discretion’’; 8 and 9 (ii) in subparagraph (C)(iii), by in- 10 serting ‘‘or the Attorney General’’ after 11 ‘‘Secretary of Homeland Security’’; and 12 (F) in paragraph (10)(C), in clauses 13 (ii)(III) and (iii)(II), by striking ‘‘Secretary’s’’ 14 and inserting ‘‘Secretary of State’s’’; 15 (2) in subsection (d), in paragraphs (11) and 16 (12), by inserting ‘‘or the Secretary’’ after ‘‘Attor- 17 ney General’’ each place that term appears; 18 (3) in subsection (e), by striking the first pro- 19 viso and inserting ‘‘Provided, That upon the favor- 20 able recommendation of the Director, pursuant to 21 the request of an interested United States Govern- 22 ment agency (or, in the case of an alien described 23 in clause (iii), pursuant to the request of a State 24 Department of Public Health, or its equivalent), or 25 of the Secretary after the Secretary has determined MDM17980 S.L.C. 439 1 that departure from the United States would impose 2 exceptional hardship upon the alien’s spouse or child 3 (if such spouse or child is a citizen of the United 4 States or a lawfully resident alien), or that the alien 5 cannot return to the country of his or her nation- 6 ality or last residence because the alien would be 7 subject to persecution on account of race, religion, 8 or political opinion, the Secretary may waive the re- 9 quirement of such two-year foreign residence abroad 10 in the case of any alien whose admission to the 11 United States is found by the Secretary to be in the 12 public interest except that in the case of a waiver re- 13 quested by a State Department of Public Health, or 14 its equivalent, or in the case of a waiver requested 15 by an interested United States Government agency 16 on behalf of an alien described in clause (iii), the 17 waiver shall be subject to the requirements under 18 section 214(l):’’. 19 (4) in subsections (g), (h), (i), and (k), by in- 20 serting ‘‘or the Secretary’’ after ‘‘Attorney General’’ 21 each place that term appears; 22 (5) in subsection (m)(2)(E)(iv), by inserting ‘‘of 23 Labor’’ after ‘‘Secretary’’ the second and third place 24 that term appears; MDM17980 S.L.C. 440 1 (6) in subsection (n), by inserting ‘‘of Labor’’ 2 after ‘‘Secretary’’ each place that term appears, ex- 3 cept that this amendment shall not apply to ref- 4 erences to the ‘‘Secretary of Labor’’; and 5 (7) in subsection (s), by inserting ‘‘, the Sec- 6 retary,’’ before ‘‘or the Attorney General’’. 7 (g) SECTION 213A.—Section 213A (8 U.S.C. 1183a) 8 is amended— 9 (1) in subsection (a)(1), in the matter pre- 10 ceding paragraph (1), by inserting ‘‘, the Secretary,’’ 11 after ‘‘the Attorney General’’; and 12 (2) in subsection (f)(6)(B), by inserting ‘‘the 13 Secretary,’’ after ‘‘The Secretary of State,’’. 14 (h) SECTION 214.—Subparagraph (A) of section 15 214(c)(9) (8 U.S.C. 1184(c)(9)(A) is amended, in the 16 matter preceding clause (i), by striking ‘‘before’’. 17 (i) SECTION 217.—Section 217 (8 U.S.C. 1187) is 18 amended— 19 20 (1) in subsection (e)(3)(A), by inserting a comma after ‘‘Regulations’’; 21 (2) in subsection (f)(2)(A), by striking ‘‘section 22 (c)(2)(C),’’ and inserting ‘‘subsection (c)(2)(C),’’; 23 and 24 25 (3) in subsection (h)(3)(A), by striking ‘‘the’’ before ‘‘alien’’ and inserting ‘‘an’’. MDM17980 S.L.C. 441 1 (j) SECTION 218.—Section 218 (8 U.S.C. 1188) is 2 amended— 3 (1) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 4 each place that term appears, except that this 5 amendment shall not apply to references to the 6 ‘‘Secretary of Labor’’ or to the ‘‘Secretary of Agri- 7 culture’’; 8 (2) in subsection (c)(3)(B)(iii), by striking 9 ‘‘Secretary’s’’ and inserting ‘‘Secretary of Labor’s’’; 10 and 11 (3) in subsection (g)(4), by striking ‘‘Sec- 12 retary’s’’ and inserting ‘‘Secretary of Agriculture’s’’. 13 (k) SECTION 219.—Section 219 (8 U.S.C. 1189) is 14 amended— 15 16 17 18 (1) in subsection (a)(1)(B)— (A) by inserting a close parenthetical after ‘‘section 212(a)(3)(B)’’; and (B) by deleting ‘‘terrorism);’’ and inserting 19 ‘‘terrorism;’’; 20 (2) in subsection (c)(3)(D), by striking ‘‘(2),’’ 21 22 and inserting ‘‘(2);’’; and (3) in subsection (d)(4), by inserting ‘‘Secretary 23 of Homeland Security,’’ after ‘‘with the’’. 24 (l) SECTION 222.—Section 222 (8 U.S.C. 1202)— MDM17980 S.L.C. 442 1 (1) by inserting ‘‘or the Secretary’’ after ‘‘Sec- 2 retary of State’’ each place that term appears; and 3 (2) in subsection (f)— 4 (A) in the matter preceding paragraph (1), 5 by inserting ‘‘, the Department,’’ after ‘‘De- 6 partment of State’’; and 7 8 9 (B) in paragraph (2), by striking ‘‘Secretary’s’’ and inserting ‘‘their’’. (m) SECTION 231.—Section 231 (8 U.S.C. 1221) is 10 amended— 11 12 (1) in subsection (c)(10), by striking ‘‘Attorney General,’’ and inserting ‘‘Secretary,’’; 13 (2) in subsection (f), by striking ‘‘Attorney 14 General’’ each place that term appears and inserting 15 ‘‘Secretary’’; 16 (3) in subsection (g)— 17 18 (A) by striking ‘‘of the Attorney General’’ and inserting ‘‘of the Secretary’’; ø(B) by striking ‘‘by the Attorney Gen- 19 20 eral’’ and inserting ‘‘by the Secretary’’; and¿ 21 (C) by striking ‘‘Commissioner’’ each place 22 that term appears and inserting ‘‘Secretary’’; 23 and MDM17980 S.L.C. 443 1 (4) in subsection (h), by striking ‘‘Attorney 2 General’’ each place that term appears and inserting 3 ‘‘Secretary’’. 4 (n) SECTION 236.—Section 236 (8 U.S.C. 1226) is 5 amended— 6 (1) in subsection (a)(2)(A), by inserting ‘‘the 7 Secretary or’’ before ‘‘the Attorney General’’ the 8 third place that term appears; and 9 (2) in subsection (e)— 10 (A) by striking ‘‘review.’’ and inserting 11 ‘‘review, other than administrative review by the 12 Attorney General pursuant to the authority 13 granted by section 103(g).’’; and 14 15 16 (B) by inserting ‘‘the Secretary or’’ before ‘‘Attorney General under’’. (o) SECTION 236A.—Paragraph (4) of section 17 236A(a) (8 U.S.C. 1226a(a)(4)) is amended by striking 18 ‘‘Deputy Attorney General’’ both places that term appears 19 and inserting ‘‘Deputy Secretary of Homeland Security’’. 20 (p) SECTION 237.—Section 237(a) (8 U.S.C. 21 1227(a)) is amended— 22 (1) in the matter preceding paragraph (1), by 23 inserting ‘‘following the initiation by the Secretary 24 of removal proceedings’’ after ‘‘upon the order of the 25 Attorney General’’; and MDM17980 S.L.C. 444 1 (2) in the heading of subparagraph (E) of para- 2 graph (2), by striking ‘‘CHILDREN AND.—’’ and 3 inserting ‘‘CHILDREN.—’’. 4 (q) SECTION 238.—Section 238 (8 U.S.C. 1228) is 5 amended— 6 (1) in subsection (a)— 7 (A) in paragraph (2), by striking ‘‘Attor- 8 ney General’’ each place that term appears and 9 inserting ‘‘Secretary’’; and 10 (B) in paragraphs (3) and (4)(A), by in- 11 serting ‘‘and the Secretary’’ after ‘‘Attorney 12 General’’ each place that term appears; 13 (2) in subsection (b)— 14 (A) in paragraph (3) and (4), by striking 15 ‘‘Attorney General’’ each place the term ap- 16 pears and inserting ‘‘Secretary of Homeland 17 Security’’; and 18 (B) in paragraph (5) by inserting ‘‘or the 19 Secretary’’ after ‘‘Attorney General’’; and 20 (3) in subsection (d), as so redesignated— 21 (A) by striking ‘‘Commissioner’’ and ‘‘At- 22 torney General’’ each place those terms appear 23 and inserting ‘‘Secretary’’; and MDM17980 S.L.C. 445 1 (B) in subparagraph (D)(iv), by striking 2 ‘‘Attorney General’’ and inserting ‘‘United 3 States Attorney’’. 4 (r) SECTION 239.—Section 239(a)(1) (8 U.S.C. 5 1229(a)(1)) is amended by inserting ‘‘and the Secretary’’ 6 after ‘‘Attorney General’’ each place that term appears. 7 (s) SECTION 240.—Section 240 (8 U.S.C. 1229a) is 8 amended— 9 (1) in subsection (b)— 10 (A) in paragraph (1), by inserting ‘‘, with 11 the concurrence of the Secretary with respect to 12 employees of the Department’’ after ‘‘Attorney 13 General’’; and 14 (B) in paragraph (5)(A), by inserting ‘‘the 15 Secretary or’’ before ‘‘the Attorney General’’; 16 and 17 (2) in subsection (c)— 18 (A) in paragraph (2), by inserting ‘‘, the 19 Secretary of State, or the Secretary’’ before ‘‘to 20 be confidential’’; and 21 ø(B) in paragraph (7)(C)(iv)(I)), by strik- 22 ing the extra comma after the second reference 23 to the term ‘‘this title’’. Note: please clarify how 24 to execute this amendment.¿ MDM17980 S.L.C. 446 1 (t) SECTION 240A.—Section 240A(b) (8 U.S.C. 2 1229b(b)) is amended— 3 (1) in paragraph (3), by striking ‘‘Attorney 4 General shall’’ and inserting ‘‘Secretary shall’’; and 5 (2) in paragraph (4)(A), by striking ‘‘Attorney 6 General’’ and inserting ‘‘Secretary’’. 7 (u) SECTION 240B.—Section 240B (8 U.S.C. 1229c) 8 is amended— 9 (1) in paragraphs (1) and (3) of subsection (a), 10 by inserting ‘‘or the Secretary’’ after ‘‘Attorney Gen- 11 eral’’; and 12 (2) in subsection (c), by inserting ‘‘and the Sec- 13 retary’’ after ‘‘Attorney General’’. 14 (v) SECTION 241.—Section 241 (8 U.S.C. 1231) is 15 amended— 16 17 18 19 (1) in subsection (a)(4)(B)(i), by inserting a close parenthetical after ‘‘(L)’’; (2) in paragraph (2) of subsection (g)— (A) by striking the paragraph heading and 20 inserting ‘‘DETENTION 21 PARTMENT OF HOMELAND SECURITY.—’’; 22 23 24 25 FACILITIES OF THE DE- (B) by striking ‘‘Service,’’ and inserting ‘‘Department’’; and (C) by striking ‘‘Commissioner’’ and inserting ‘‘Secretary’’. MDM17980 S.L.C. 447 1 (w) SECTION 242.—Section 242(g) (8 U.S.C. 2 1252(g)) is amended by inserting ‘‘the Secretary or’’ be3 fore ‘‘the Attorney General’’. 4 (x) SECTION 243.—Section 243 (8 U.S.C. 1253) is 5 amended— 6 7 (1) in subparagraphs (A) and (B) of subsection (c)(1)— 8 (A) by striking ‘‘Attorney General’’ each 9 place that term appears and inserting ‘‘Sec- 10 retary’’; and 11 (B) by striking ‘‘Commissioner’’ each place 12 that term appears and inserting ‘‘Secretary’’; 13 and 14 (2) in subsection (d), by inserting ‘‘of State’’ 15 after ‘‘notifies the Secretary’’. 16 (y) SECTION 244.—Section 244 (8 U.S.C. 1254a) is 17 amended— 18 (1) in subsection (c)(2), by inserting ‘‘or the 19 Secretary’’ after ‘‘Attorney General’’ each place the 20 term appears; and 21 (2) in subsection (g), by inserting ‘‘or the Sec- 22 retary’’ after ‘‘Attorney General’’. 23 (z) SECTION 245.—Section 245 (8 U.S.C. 1255) is 24 amended— MDM17980 S.L.C. 448 1 (1) by inserting ‘‘or the Secretary’’ after ‘‘At- 2 torney General’’ each place that term appears except 3 in subsections (j) (other than the first reference), (l), 4 and (m); 5 6 7 8 9 10 (2) in subsection (c), striking the comma after ‘‘section 101(a)(15)(S)’’ and inserting a semicolon; (3) in subsection (k)(1), adding an ‘‘and’’ at the end; (4) in subsection (l)— (A) in paragraph (1), by inserting a 11 comma after ‘‘appropriate’’; and 12 (B) in paragraph (2)— 13 (i) in the matter preceding paragraph 14 (1), by striking ‘‘Attorney General’s’’ and 15 inserting ‘‘Secretary’s’’; and 16 17 18 (ii) in subparagraph (B), by striking ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. (aa) SECTION 245A.—Section 245A (8 U.S.C. 19 1255a) is amended— 20 21 22 (1) by striking subparagraph (C) of subsection (c)(7); and (2) in subsection (h)(5)— 23 ø(A) in subparagraph (A), by striking the 24 second reference to ‘‘The’’; and Note: Please 25 clarify how to execute this amendment¿ MDM17980 S.L.C. 449 1 (3) striking ‘‘(Public Law 96–122),’’ and in- 2 serting ‘‘(Public Law 96–422),’’. 3 (bb) SECTION 246.—Section 246(a) (8 U.S.C. 4 1256(a)) is amended— 5 6 7 8 9 (1) by inserting ‘‘or the Secretary’’ after ‘‘of the Attorney General’’; (2) by inserting ‘‘or the Secretary’’ after ‘‘status, the Attorney General’’; and (3) by striking ‘‘Attorney General to rescind’’ 10 and inserting ‘‘Secretary to rescind’’. 11 (cc) SECTION 249.—Section 249 (8 U.S.C. 1259) is 12 amended by inserting ‘‘or the Secretary’’ after ‘‘Attorney 13 General’’ each place that term appears. 14 (dd) SECTION 251.—Subsection (d) of section 251 (8 15 U.S.C. 1281(d)) is amended by striking ‘‘Attorney Gen16 eral’’ and ‘‘Commissioner’’ each place those terms appear 17 and inserting ‘‘Secretary’’. 18 (ee) SECTION 254.—Subsection (a) of section 254 (8 19 U.S.C. 1284(a)) is amended by striking ‘‘Commissioner’’ 20 each place that term appears and inserting ‘‘Secretary’’. 21 (ff) SECTION 255.—Section 255 (8 U.S.C. 1285) is 22 amended by striking ‘‘Commissioner’’ each place that term 23 appears and inserting ‘‘Secretary’’. 24 (gg) SECTION 256.—Section 256 (8 U.S.C. 1286) is 25 amended— MDM17980 S.L.C. 450 1 2 (1) by striking ‘‘Commissioner’’ each place that term appears and inserting ‘‘Secretary’’; 3 (2) in the first and second sentences, by strik- 4 ing ‘‘Attorney General’’ each places that term ap- 5 pears and inserting ‘‘Secretary’’. 6 (hh) SECTION 258.—Section 258 (8 U.S.C. 1288) is 7 amended— 8 (1) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 9 each place that term appears, except that this 10 amendment shall not apply to references to the 11 ‘‘Secretary of Labor’’, øthe Secretary of State,¿ or 12 to subsection (e)(2); 13 14 (2) in subsection (d)(2)(A), by striking ‘‘at’’ after ‘‘while’’; and 15 (3) in subsection (e)(2), by striking ‘‘the Sec- 16 retary shall’’ and inserting ‘‘the Secretary of State 17 shall’’. 18 (ii) SECTION 264.—Section 264(f) (8 U.S.C. 1304) 19 is amended by striking ‘‘Attorney General is’’ and insert20 ing ‘‘Attorney General and Secretary are’’. 21 (jj) SECTION 272.—Section 272 (8 U.S.C. 1322) is 22 amended by striking ‘‘Commissioner’’ each place that term 23 appears and inserting ‘‘Secretary’’. 24 (kk) SECTION 273.—Section 273 (8 U.S.C. 1323) is 25 amended— MDM17980 S.L.C. 451 1 2 (1) by striking ‘‘Commissioner’’ each place that term appears and inserting ‘‘Secretary’’; and 3 (2) by striking ‘‘Attorney General’’ each place 4 that term appears, except in subsection (e) in the 5 matter preceding paragraph (1), and inserting ‘‘Sec- 6 retary’’. 7 (ll) SECTION 274.—Section 274(b)(2) (8 U.S.C. 8 1324(b)(2)) is amended by striking ‘‘Secretary of the 9 Treasury’’ and inserting ‘‘Secretary’’. 10 (mm) SECTION 274B.—Paragraph (2) of section 11 274B(f) (8 U.S.C. 1324b(f)(2)) is amended by striking 12 ‘‘subsection’’ and inserting ‘‘section’’. 13 (nn) SECTION 274C.—Section 274C(d)(2)(A) (8 14 U.S.C. 1324c(d)(2)(A)) is amended by inserting ‘‘or the 15 Secretary’’ after ‘‘subsection (a), the Attorney General’’. 16 (oo) SECTION 274D.—Section 274D (8 U.S.C. 17 1324d) is amended in subsection (a)(2) of section 274D(a) 18 (8 U.S.C. 1324d(a)(2)) is amended by striking ‘‘Commis19 sioner’’ and inserting ‘‘Secretary’’. 20 (pp) SECTION 286.—Section 286 (8 U.S.C. 1356) is 21 amended— 22 23 24 25 (1) in subsection (q)(1)(B), by striking ‘‘, in consultation with the Secretary of the Treasury,’’; (2) in subsection (r)(2), by striking ‘‘section 245(i)(3)(b)’’ and inserting ‘‘section 245(i)(3)(B)’’; MDM17980 S.L.C. 452 1 (3) in subsection (s)(5)— 2 (A) by striking ‘‘5 percent’’ and inserting 3 ‘‘USE 4 TIONS.—Five 5 (4) by striking ‘‘paragraph (1) (C) or (D) of 6 section 204’’ and inserting ‘‘subparagraph (C) or 7 (D) of section 204(a)(1)’’; and 8 9 10 OF FEES FOR DUTIES RELATING TO PETI- percent’’; and (5) in subsection (v)(2)(A)(i), by adding ‘‘of’’ after ‘‘number’’. (qq) SECTION 294.—Section 294 (8 U.S.C. 1363a) 11 is amended— 12 (1) in the undesignated matter following para- 13 graph (4) of subsection (a), by striking ‘‘Commis- 14 sioner, in consultation with the Deputy Attorney 15 General,’’ and inserting ‘‘Secretary’’; and 16 17 18 19 (2) in subsection (d), by striking ‘‘Deputy Attorney General’’ and inserting ‘‘Secretary’’. SEC. 804. TITLE III TECHNICAL AMENDMENTS. (a) SECTION 316.—Section 316 (8 U.S.C. 1427) is 20 amended— 21 22 (1) in subsection (d), by inserting ‘‘or by the Secretary’’ after ‘‘Attorney General’’; and 23 (2) in subsection (f)(1), by striking ‘‘Intel- 24 ligence, the Attorney General and the Commissioner MDM17980 S.L.C. 453 1 of Immigration’’ and inserting ‘‘Intelligence and the 2 Secretary’’. 3 (b) SECTION 322.—Paragraph (1) of section 322(a) 4 (8 U.S.C. 1433(a)) is amended— 5 (1) by inserting ‘‘is’’ before ‘‘(or,’’; and 6 (2) by striking ‘‘is’’ before ‘‘a citizen’’. 7 8 9 (c) SECTION 342.— (1) SECTION (A) IN HEADING.— GENERAL.—Section 342 (8 U.S.C. 10 1453) is amended by striking the section head- 11 ing and inserting ‘‘CANCELLATION 12 TIFICATES; ACTION NOT TO AFFECT CITI- 13 ZENSHIP STATUS’’. 14 (B) CLERICAL OF CER- AMENDMENT.—The table of 15 contents in the first section is amended by 16 striking the item relating to section 342 and in- 17 serting the following: ‘‘Sec. 342. Cancellation of certificates; action not to affect citizenship status.’’. 18 19 (2) IN GENERAL.—Section 342 (8 U.S.C. 1453) is amended— 20 (A) by striking ‘‘heretofore issued or made 21 by the Commissioner or a Deputy Commis- 22 sioner or hereafter made by the Attorney Gen- 23 eral’’; and 24 (B) by striking ‘‘practiced upon, him or 25 the Commissioner or a Deputy Commissioner;’’. MDM17980 S.L.C. 454 1 2 SEC. 805. TITLE IV TECHNICAL AMENDMENTS. Clause (i) of section 412(a)(2)(C) (8 U.S.C. 3 1522(a)(2)(C)(i)) is amended by striking ‘‘insure’’ and in4 serting ‘‘ensure’’. 5 6 SEC. 806. TITLE V TECHNICAL AMENDMENTS. (a) SECTION 504.—Section 504 (8 U.S.C. 1534) is 7 amended— 8 9 (1) in subsection (a)(1)(A), by striking ‘‘a’’ before ‘‘removal proceedings’’; 10 11 (2) in subsection (i), by striking ‘‘Attorney General’’ inserting ‘‘Government’’; and 12 13 (3) in subsection (k)(2), by striking ‘‘by’’. (b) SECTION 505.—Section 505(e)(2) (8 U.S.C. 14 1535(e)(2)) is amended by inserting ‘‘and the Secretary’’ 15 after ‘‘Attorney General’’. 16 17 18 19 SEC. 807. OTHER AMENDMENTS. (a) CORRECTION TION AND COMMISSIONER OF OF IMMIGRA- NATURALIZATION.— (1) IN GENERAL.—The Immigration and Na- 20 tionality Act (8 U.S.C. 1101 et seq.) as amended by 21 this Act, is further amended by striking ‘‘Commis- 22 sioner’’ and ‘‘Commissioner of Immigration and 23 Naturalization’’ each place those terms appear and 24 inserting ‘‘Secretary’’. 25 26 (2) EXCEPTION SECURITY.—The FOR COMMISSIONER OF SOCIAL amendment made by paragraph (1) MDM17980 S.L.C. 455 1 shall not apply to any reference to the ‘‘Commis- 2 sioner of Social Security’’. 3 (b) CORRECTION 4 RALIZATION OF IMMIGRATION AND NATU- SERVICE.—The Immigration and Nationality 5 Act (8 U.S.C. 1101 et seq.), as amended by this Act, is 6 further amended by striking ‘‘Service’’ and ‘‘Immigration 7 and Naturalization Service’’ each place those terms appear 8 and inserting ‘‘Department’’. 9 10 (c) CORRECTION OF DEPARTMENT OF JUSTICE.— (1) IN GENERAL.—The Immigration and Na- 11 tionality Act (8 U.S.C. 1101 et seq.), as amended by 12 this Act, is further amended by striking ‘‘Depart- 13 ment of Justice’’ each place that term appears and 14 inserting ‘‘Department’’. 15 (2) EXCEPTIONS.—The amendment made by 16 paragraph (1) shall not apply in subsections 17 (d)(3)(A) and (r)(5)(A) of section 214 (8 U.S.C. 18 1184), section 274B(c)(1) (8 U.S.C. 1324b(c)(1)), 19 or title V (8 U.S.C. 1531 et seq.). 20 (d) CORRECTION OF ATTORNEY GENERAL.—The Im- 21 migration and Nationality Act (8 U.S.C. 1101 et seq.) as 22 amended by this Act, is further amended by striking ‘‘At23 torney General’’ each place that term appears and insert24 ing ‘‘Secretary’’, except for in the following: MDM17980 S.L.C. 456 1 (1) Any joint references to the ‘‘Attorney Gen- 2 eral and the Secretary of Homeland Security’’ or 3 ‘‘the Secretary of Homeland Security and the Attor- 4 ney General’’. 5 (2) Section 101(a)(5). 6 (3) Subparagraphs (S), (T), and (V) of section 7 101(a)(15). 8 (4) Section 101(a)(47)(A). 9 (5) Section 101(b)(4). 10 (6) Section 103(a)(1). 11 (7) Section 103(g). 12 (8) Section 105(b)(1). 13 (9) Section 105(c). 14 (10) Section 204(c). 15 (11) Section 208. 16 (12) Section 212(a)(2)(C). 17 (13) Section 212(a)(2)(H). 18 (14) Section 212(a)(2)(I). 19 (15) Section 212(a)(3)(A). 20 (16) Section 212(a)(3)(B)(ii)(II). 21 (17) Section 212(a)(3)(D). 22 (18) Section 212(a)(4). 23 (19) Section 212(a)(9)(B)(v). 24 (20) Section 212(a)(9)(C)(iii). 25 (21) Section 212(d)(11). MDM17980 S.L.C. 457 1 (22) Section 212(d)(12). 2 (23) Section 212(g). 3 (24) Section 212(h). 4 (25) Section 212(i). 5 (26) Section 212(k). 6 (27) Section 212(s). 7 ø(28) Section 213A(a)(1).¿ 8 ø(29) Section 213A(f)(6)(B).¿ 9 (30) Section 216(d)(2)(c). 10 (31) Section 219(d)(4). 11 (32) Section 235(b)(1)(B)(iii)(III). 12 (33) The second sentence of section 236(e). 13 (34) Section 237. 14 (35) Section 238(a)(1). 15 (36) Section 238(a)(3). 16 (37) Section 238(a)(4)(A). 17 (38) Section 238(b)(1). 18 (39) Section 238(b)(5). 19 (40) Section 238(c)(2)(D)(iv). 20 (41) Section 239(a). 21 (42) Section 239(b). 22 (43) Section 240. 23 (44) Section 240A. 24 (45) Section 240B(a)(1). 25 (46) Section 240B(a)(3). MDM17980 S.L.C. 458 1 (47) Section 240B(b). 2 (48) Section 240B(c). 3 (49) 4 The first reference in section 241(a)(4)(B)(i). 5 (50) Section 241(b)(3) (except for the first ref- 6 erence in subparagraph (A), to which the amend- 7 ment shall apply). 8 9 (51) Section 241(i) (except for paragraph (3)(B)(i), to which the amendment shall apply). 10 (52) Section 242(a)(2)(B). 11 (53) Section 242(b) (except for paragraph (8), 12 to which the amendment shall apply). 13 (54) Section 242(g). 14 (55) Section 244(a)(3)(C). 15 (56) Section 244(c)(2). 16 (57) Section 244(e). 17 (58) Section 244(g). 18 (59) Section 245 (except for subsection 19 (i)(1)(B)(i), subsection (i)(3)) and the first reference 20 to the Attorney General in subsection 245(j)). 21 (60) Section 245A(a)(1)(A). 22 (61) Section 246(a). 23 (62) Section 249. 24 (63) Section 264(f). 25 (64) Section 274(e). MDM17980 S.L.C. 459 1 (65) Section 274A. 2 (66) Section 274B. 3 (67) Section 274C. 4 (68) Section 292. 5 (69) Section 316(d). 6 (70) Section 316(f)(1). 7 (71) Section 342. 8 (72) Section 412(f)(1)(A). 9 (73) Title V (except for subsections 506(a)(1) 10 and 507(b), (c), and (d) (first reference), to which 11 the amendment shall apply). 12 13 14 15 16 SEC. 808. REPEALS; CONSTRUCTION. (a) REPEALS.— (1) IMMIGRATION AND NATURALIZATION SERV- ICE.— (A) IN GENERAL.—Section 4 of the Act of 17 February 14, 1903 (32 Stat. 826, chapter 552; 18 8 U.S.C. 1551) is repealed. 19 (B) 8 U.S.C. 1551.—The language of the 20 compilers set out in section 1551 of title 8 of 21 the United States Code shall be removed from 22 the compilation of such title 8. 23 (2) COMMISSIONER 24 URALIZATION; OFFICE.— OF IMMIGRATION AND NAT- MDM17980 S.L.C. 460 1 (A) IN GENERAL.—Section 7 of the Act of 2 March 3, 1891 (26 Stat. 1085, chapter 551; 8 3 U.S.C. 1552) is repealed. 4 (B) 8 U.S.C. 1552.—The language of the 5 compilers set out in section 1552 of title 8 of 6 the United States Code shall be removed from 7 the compilation of such title 8. 8 (3) ASSISTANT COMMISSIONERS AND DISTRICT 9 DIRECTOR; COMPENSATION AND SALARY GRADE.— 10 Title II of the Department of Justice Appropriation 11 Act, 1957 (70 Stat. 307, chapter 414; 8 U.S.C. 12 1553) is amended in the matter under the heading 13 ‘‘Immigration and Naturalization Service’’ and 14 under the subheading ‘‘SALARIES AND EX- 15 PENSES’’ by striking ‘‘That the compensation of 16 the five assistant commissioners and one district di- 17 rector shall be at the rate of grade GS–16: Provided 18 further’’. 19 (4) SPECIAL IMMIGRANT INSPECTORS AT WASH- 20 INGTON.—The 21 chapter 177; 8 U.S.C. 1554) is amended in the mat- 22 ter following the heading ‘‘Bureau of Immigration:’’ 23 by striking ‘‘That hereafter special immigrant in- 24 spectors, not to exceed three, may be detailed for Act of March 2, 1895 (28 Stat. 780, MDM17980 S.L.C. 461 1 duty in the Bureau at Washington: And provided 2 further,’’. 3 (b) CONSTRUCTION.—Nothing in this title shall be 4 construed to repeal or limit the applicability of sections 5 462 and 1512 of the Homeland Security Act of 2002 (6 6 U.S.C. 279 and 552) with respect to any provision of law 7 or matter not specifically addressed by the amendments 8 made by this title. 9 SEC. 809. MISCELLANEOUS TECHNICAL CORRECTIONS. 10 11 (a) CORRECTION AND TO THE INTELLIGENCE REFORM TERRORISM PREVENTION ACT OF 2004.—Section 12 5502(b) of the Intelligence Reform and Terrorism Preven13 tion Act of 2004, Pub. L. 108–458, in amended by strik14 ing ‘‘(E) Participated in the commission of severe viola15 tions of religious freedom.’’ and inserting ‘‘(F) Partici16 pated in the commission of severe violations of religious 17 freedom’’. 18 19 (b) CONFORMING AMENDMENT DIERS ACCOUNTABILITY ACT OF TO THE CHILD SOL- 2008.—Section 2(c) of 20 the Child Soldier’s Accountability Act of 2008, Pub. L. 21 110-340, in amended by striking ‘‘(F) Recruitment or use 22 of child soldiers.’’ and inserting ‘‘(G) Recruitment or use 23 of child soldiers.’’. 24 (c) CENTRAL INTELLIGENCE AGENCY ACT OF 25 1949.—Section 7 of the Central Intelligence Agency Act MDM17980 S.L.C. 462 1 of 1949 (50 U.S.C. 3508) is amended by striking ‘‘Com2 missioner of Immigration’’ and inserting ‘‘Secretary of 3 Homeland Security’’.