G:\P\15\IMM\CH_001.XML [DISCUSSION DRAFT] JUNE 14, 2018 H. R. ll 115TH CONGRESS 2D SESSION To amend the immigration laws and provide for border security, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Ml. llllll introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To amend the immigration laws and provide for border security, 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 ‘‘Border Security and Immigration Reform Act of 2018’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: Sec. 1. Short title; table of contents. DIVISION A—BORDER ENFORCEMENT g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 2 Sec. 1100. Short title. TITLE I—BORDER SECURITY Sec. 1101. Definitions. Subtitle A—Infrastructure and Equipment Sec. 1111. Strengthening the requirements for barriers along the southern border. Sec. 1112. Air and Marine Operations flight hours. Sec. 1113. Capability deployment to specific sectors and transit zone. Sec. 1114. U.S. Border Patrol activities. Sec. 1115. Border security technology program management. Sec. 1116. National Guard support to secure the southern border. Sec. 1117. Prohibitions on actions that impede border security on certain Federal land. Sec. 1118. Landowner and rancher security enhancement. Sec. 1119. Eradication of carrizo cane and salt cedar. Sec. 1120. Southern border threat analysis. Sec. 1121. Amendments to U.S. Customs and Border Protection. Sec. 1122. Agent and officer technology use. Sec. 1123. Integrated Border Enforcement Teams. Sec. 1124. Tunnel Task Forces. Sec. 1125. Pilot program on use of electromagnetic spectrum in support of border security operations. Sec. 1126. Foreign migration assistance. Sec. 1127. Biometric Identification Transnational Migration Alert Program. Subtitle B—Personnel Sec. Sec. Sec. Sec. 1131. 1132. 1133. 1134. Additional U.S. Customs and Border Protection agents and officers. U.S. Customs and Border Protection retention incentives. Anti-Border Corruption Reauthorization Act. Training for officers and agents of U.S. Customs and Border Protection. Subtitle C—Grants Sec. 1141. Operation Stonegarden. TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 2101. 2102. 2103. 2104. 2105. 2106. 2107. 2108. Ports of entry infrastructure. Secure communications. Border security deployment program. Pilot and upgrade of license plate readers at ports of entry. Non-intrusive inspection operational demonstration. Biometric exit data system. Sense of Congress on cooperation between agencies. Definition. TITLE III—VISA SECURITY AND INTEGRITY Sec. 3101. Visa security. Sec. 3102. Electronic passport screening and biometric matching. Sec. 3103. Reporting of visa overstays. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 3 Sec. Sec. Sec. Sec. Sec. Sec. 3104. 3105. 3106. 3107. 3108. 3109. Sec. 3110. Sec. Sec. Sec. Sec. Sec. Sec. 3111. 3112. 3113. 3114. 3115. 3116. Student and exchange visitor information system verification. Social media review of visa applicants. Cancellation of additional visas. Visa information sharing. Restricting waiver of visa interviews. Authorizing the Department of State to not interview certain ineligible visa applicants. Petition and application processing for visas and immigration benefits. Fraud prevention. Visa ineligibility for spouses and children of drug traffickers. DNA testing. Access to NCIC criminal history database for diplomatic visas. Elimination of signed photograph requirement for visa applications. Additional fraud detection and prevention. TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER PREVENTION AND ELIMINATION Sec. 4101. Short title. Sec. 4102. Illicit spotting. Sec. 4103. Unlawfully hindering immigration, border, and customs controls. TITLE V—BORDER SECURITY FUNDING Sec. 5101. Border Security Funding. Sec. 5102. Limitation on adjustment of status. DIVISION B—IMMIGRATION REFORM TITLE I—LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1101. 1102. 1103. 1104. 1105. 1106. 1107. 1108. 1109. Definitions. Contingent nonimmigrant status eligibility and application. Terms and conditions of conditional nonimmigrant status. Adjustment of status. Administrative and judicial review. Penalties and signature requirements. Rulemaking. Statutory construction. Addition of definition. TITLE II—IMMIGRANT VISA ALLOCATIONS AND PRIORITIES Sec. Sec. Sec. Sec. 2101. 2102. 2103. 2104. Elimination of diversity visa program. Numerical limitation to any single foreign state. Family-sponsored immigration priorities. Allocation of immigrant visas for contingent nonimmigrants and children of certain nonimmigrants. Sec. 2105. Sunset of adjustment visas for conditional nonimmigrants and children of certain nonimmigrants. Sec. 2106. Implementation. Sec. 2107. Repeal of suspension of deportation and adjustment of status for certain aliens. TITLE III—UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION ENFORCEMENT g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 4 Sec. Sec. Sec. Sec. Sec. Sec. Sec. 3101. 3102. 3103. 3104. 3105. 3106. 3107. Repatriation of unaccompanied alien children. Clarification of standards for family detention. Detention of dangerous aliens. Definition of aggravated felony. Crime of violence. Grounds of inadmissibility and deportability for alien gang members. Special immigrant juvenile status for immigrants unable to reunite with either parent. Sec. 3108. Clarification of authority regarding determinations of convictions. Sec. 3109. Adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity. Sec. 3110. Clarifying the authority of ice detainers. TITLE IV—ASYLUM REFORM Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 4101. 4102. 4103. 4104. 4105. 4106. 4107. 4108. 4109. 4110. Credible fear interviews. Jurisdiction of asylum applications. Recording expedited removal and credible fear interviews. Safe third country. Renunciation of asylum status pursuant to return to home country. Notice concerning frivolous asylum applications. Anti-fraud investigative work product. Penalties for asylum fraud. Statute of limitations for asylum fraud. Technical amendments. DIVISION C—ADDITIONAL MATTERS Sec. 1101. Judicial review. DIVISION A—BORDER ENFORCEMENT 1 2 3 4 SEC. 1100. SHORT TITLE. This division may be cited as the ‘‘Border Security 5 for America Act of 2018’’. 6 7 8 TITLE I—BORDER SECURITY SEC. 1101. DEFINITIONS. In this title: 9 (1) ADVANCED SURVEILLANCE 10 SENSORS.—The 11 lance sensors’’ means sensors that utilize an onboard 12 computer to analyze detections in an effort to dis- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 UNATTENDED 13:04 Jun 14, 2018 Jkt 000000 term ‘‘advanced unattended surveil- (697089 48) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 5 1 cern between vehicles, humans, and animals, and ul- 2 timately filter false positives prior to transmission. 3 (2) 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 such term in 8 section 102(e)(1) of the Illegal Immigration Reform 9 and Immigrant Responsibility Act of 1996, as 10 amended by section 1111 of this division. 11 (4) OPERATIONAL CONTROL.—The term ‘‘oper- 12 ational control’’ has the meaning given such term in 13 section 2(b) of the Secure Fence Act of 2006 (8 14 U.S.C. 1701 note; Public Law 109–367). 15 16 (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security. 17 (6) SITUATIONAL AWARENESS.—The term ‘‘sit- 18 uational awareness’’ has the meaning given such 19 term in section 1092(a)(7) of the National Defense 20 Authorization Act for Fiscal Year 2017 (Public Law 21 114–328; 6 U.S.C. 223(a)(7)). 22 (7) SMALL UNMANNED AERIAL VEHICLE.—The 23 term ‘‘small unmanned aerial vehicle’’ has the mean- 24 ing given the term ‘‘small unmanned aircraft’’ in 25 section 331 of the FAA Modernization and Reform g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 COMMISSIONER.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 6 1 Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 2 note). 3 (8) TRANSIT ZONE.—The term ‘‘transit zone’’ 4 has the meaning given such term in section 5 1092(a)(8) of the National Defense Authorization 6 Act for Fiscal Year 2017 (Public Law 114–328; 6 7 U.S.C. 223(a)(7)). 8 (9) UNMANNED AERIAL SYSTEM.—The term 9 ‘‘unmanned aerial system’’ has the meaning given 10 the term ‘‘unmanned aircraft system’’ in section 331 11 of the FAA Modernization and Reform Act of 2012 12 (Public Law 112–95; 49 U.S.C. 40101 note). 13 (10) UNMANNED AERIAL VEHICLE.—The term 14 ‘‘unmanned aerial vehicle’’ has the meaning given 15 the term ‘‘unmanned aircraft’’ in section 331 of the 16 FAA Modernization and Reform Act of 2012 (Public 17 Law 112–95; 49 U.S.C. 40101 note). 19 Subtitle A—Infrastructure and Equipment 20 SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR- 18 21 22 RIERS ALONG THE SOUTHERN BORDER. Section 102 of the Illegal Immigration Reform and 23 Immigrant Responsibility Act of 1996 (Division C of Pub24 lic Law 104–208; 8 U.S.C. 1103 note) is amended— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 7 1 (1) by amending subsection (a) to read as fol- 2 lows: 3 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se- 4 curity shall take such actions as may be necessary (includ5 ing the removal of obstacles to detection of illegal en6 trants) to design, test, construct, install, deploy, integrate, 7 and operate physical barriers, tactical infrastructure, and 8 technology in the vicinity of the United States border to 9 achieve situational awareness and operational control of 10 the border and deter, impede, and detect illegal activity 11 in high traffic areas.’’; 12 (2) in subsection (b)— 13 (A) in the subsection heading, by striking 14 ‘‘FENCING 15 serting ‘‘PHYSICAL BARRIERS’’; 16 (B) in paragraph (1)— 17 ROAD IMPROVEMENTS’’ and in- (i) in subparagraph (A)— 18 (I) by striking ‘‘subsection (a)’’ 19 and inserting ‘‘this section’’; 20 (II) by striking ‘‘roads, lighting, 21 cameras, and sensors’’ and inserting 22 ‘‘tactical infrastructure, and tech- 23 nology’’; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 AND 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 8 1 (III) by striking ‘‘gain’’ inserting 2 ‘‘achieve situational awareness and’’; 3 and 4 (ii) by amending subparagraph (B) to 5 read as follows: 6 ‘‘(B) PHYSICAL 7 INFRASTRUCTURE.— 8 ‘‘(i) IN GENERAL.—Not later than 9 September 30, 2023, the Secretary of 10 Homeland Security, in carrying out this 11 section, shall deploy along the United 12 States border the most practical and effec- 13 tive physical barriers and tactical infra- 14 structure available for achieving situational 15 awareness and operational control of the 16 border. 17 ‘‘(ii) CONSIDERATION FOR CERTAIN 18 PHYSICAL BARRIERS AND TACTICAL INFRA- 19 STRUCTURE.—The 20 barriers and tactical infrastructure under 21 this subparagraph shall not apply in any 22 area or region along the border where nat- 23 ural terrain features, natural barriers, or 24 the remoteness of such area or region 25 would make any such deployment ineffec- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 BARRIERS AND TACTICAL 13:04 Jun 14, 2018 Jkt 000000 deployment of physical (697089 48) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 9 1 tive, as determined by the Secretary, for 2 the 3 awareness or operational control of such 4 area or region.’’; 5 purposes achieving situational (iii) in subparagraph (C)— 6 (I) by amending clause (i) to 7 read as follows: 8 ‘‘(i) IN GENERAL.—In carrying out 9 this section, the Secretary of Homeland 10 Security shall consult with the Secretary of 11 the Interior, the Secretary of Agriculture, 12 appropriate representatives of Federal, 13 State, local, and tribal governments, and 14 appropriate private property owners in the 15 United States to minimize the impact on 16 the environment, culture, commerce, and 17 quality of life for the communities and 18 residents located near the sites at which 19 such physical barriers are to be con- 20 structed.’’; 21 (II) by redesignating clause (ii) 22 as clause (iii); 23 (III) by inserting after clause (i), 24 as amended, the following new clause: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 of 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 10 1 ‘‘(ii) NOTIFICATION.—Not later than 2 60 days after the consultation required 3 under clause (i), the Secretary of Home- 4 land Security shall notify the Committee 5 on Homeland Security of the House of 6 Representatives and the Committee on 7 Homeland Security and Governmental Af- 8 fairs of the Senate of the type of physical 9 barriers, tactical infrastructure, or tech- 10 nology the Secretary has determined is 11 most practical and effective to achieve situ- 12 ational awareness and operational control 13 in a specific area or region and the other 14 alternatives the Secretary considered be- 15 fore making such a determination.’’; and 16 (IV) in clause (iii), as so redesig- 17 nated— 18 (aa) in subclause (I), by 19 striking ‘‘or’’ after the semicolon 20 at the end; 21 (bb) by amending subclause 22 (II) to read as follows: 23 ‘‘(II) delay the transfer of the 24 possession of property to the United 25 States or affect the validity of any g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 11 1 property acquisition by purchase or 2 eminent domain, or to otherwise affect 3 the eminent domain laws of the 4 United States or of any State; or’’; 5 and 6 (cc) by adding at the end 7 the following new subclause: 8 ‘‘(III) create any right or liability 9 for any party.’’; and 10 (iv) by striking subparagraph (D); 11 (C) in paragraph (2)— 12 (i) by striking ‘‘Attorney General’’ 13 and inserting ‘‘Secretary of Homeland Se- 14 curity’’; 15 (ii) by striking ‘‘this subsection’’ and 16 inserting ‘‘this section’’; and 17 (iii) striking ‘‘construction of 18 fences’’ and inserting ‘‘the construction of 19 physical barriers’’; 20 (D) by amending paragraph (3) to read as 21 follows: 22 ‘‘(3) AGENT SAFETY.—In carrying out this sec- 23 tion, the Secretary of Homeland Security, when de- 24 signing, constructing, and deploying physical bar- 25 riers, tactical infrastructure, or technology, shall in- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 by 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 12 1 corporate such safety features into such design, con- 2 struction, or deployment of such physical barriers, 3 tactical infrastructure, or technology, as the case 4 may be, that the Secretary determines, in the Sec- 5 retary’s sole discretion, are necessary to maximize 6 the safety and effectiveness of officers or agents of 7 the Department of Homeland Security or of any 8 other Federal agency deployed in the vicinity of such 9 physical barriers, tactical infrastructure, or tech- 10 nology.’’; and 11 (E) in paragraph (4), by striking ‘‘this 12 subsection’’ and inserting ‘‘this section’’; 13 (3) in subsection (c), by amending paragraph 14 (1) to read as follows: 15 ‘‘(1) IN any other 16 provision of law, the Secretary of Homeland Security 17 shall have the authority to waive all legal require- 18 ments the Secretary, in the Secretary’s sole discre- 19 tion, determines necessary to ensure the expeditious 20 design, testing, construction, installation, deploy- 21 ment, integration, and operation of the physical bar- 22 riers, tactical infrastructure, and technology under 23 this section. Such waiver authority shall also apply 24 with respect to any maintenance carried out on such 25 physical barriers, tactical infrastructure, or tech- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 13 1 nology. Any such decision by the Secretary shall be 2 effective upon publication in the Federal Register.’’; 3 and 4 (4) by adding after subsection (d) the following 5 new subsections: 6 ‘‘(e) TECHNOLOGY.—Not later than September 30, 7 2023, the Secretary of Homeland Security, in carrying out 8 this section, shall deploy along the United States border 9 the most practical and effective technology available for 10 achieving situational awareness and operational control of 11 the border. 12 ‘‘(f) LIMITATION ON REQUIREMENTS.—Nothing in 13 this section may be construed as requiring the Secretary 14 of Homeland Security to install tactical infrastructure, 15 technology, and physical barriers in a particular location 16 along an international border of the United States, if the 17 Secretary determines that the use or placement of such 18 resources is not the most appropriate means to achieve 19 and maintain situational awareness and operational con20 trol over the international border at such location. 21 ‘‘(g) DEFINITIONS.—In this section: 22 ‘‘(1) HIGH term ‘high 23 traffic areas’ means areas in the vicinity of the 24 United States border that— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TRAFFIC AREAS.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 14 1 ‘‘(A) are within the responsibility of U.S. 2 Customs and Border Protection; and 3 ‘‘(B) have significant unlawful cross-border 4 activity, as determined by the Secretary of 5 Homeland Security. 6 ‘‘(2) OPERATIONAL term ‘oper- 7 ational control’ has the meaning given such term in 8 section 2(b) of the Secure Fence Act of 2006 (8 9 U.S.C. 1701 note; Public Law 109–367). 10 ‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 11 barriers’ includes reinforced fencing, border wall sys- 12 tem, and levee walls. 13 ‘‘(4) SITUATIONAL AWARENESS.—The term ‘sit- 14 uational awareness’ has the meaning given such 15 term in section 1092(a)(7) of the National Defense 16 Authorization Act for Fiscal Year 2017 (6 U.S.C. 17 223(a)(7); Public Law 114–328). 18 ‘‘(5) TACTICAL INFRASTRUCTURE.—The term 19 ‘tactical infrastructure’ includes boat ramps, access 20 gates, checkpoints, lighting, and roads. 21 ‘‘(6) TECHNOLOGY.—The term ‘technology’ in- 22 cludes border surveillance and detection technology, 23 including the following: 24 ‘‘(A) Tower-based surveillance technology. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 CONTROL.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 15 1 ‘‘(B) Deployable, lighter-than-air ground 2 surveillance equipment. 3 ‘‘(C) Vehicle and Dismount Exploitation 4 Radars (VADER). 5 ‘‘(D) 3-dimensional, seismic acoustic detec- 6 tion and ranging border tunneling detection 7 technology. 8 ‘‘(E) Advanced unattended surveillance 9 sensors. 10 ‘‘(F) Mobile vehicle-mounted and man- 11 portable surveillance capabilities. 12 ‘‘(G) Unmanned aerial vehicles. 13 ‘‘(H) Other border detection, communica- 14 tion, and surveillance technology. 15 ‘‘(7) UNMANNED AERIAL VEHICLES.—The term 16 ‘unmanned aerial vehicle’ has the meaning given the 17 term ‘unmanned aircraft’ in section 331 of the FAA 18 Modernization and Reform Act of 2012 (Public Law 19 112–95; 49 U.S.C. 40101 note).’’. 20 21 SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS. (a) INCREASED FLIGHT HOURS.—The Secretary 22 shall ensure that not fewer than 95,000 annual flight 23 hours are carried out by Air and Marine Operations of 24 U.S. Customs and Border Protection. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 16 1 (b) UNMANNED AERIAL SYSTEM.—The Secretary, 2 after coordination with the Administrator of the Federal 3 Aviation Administration, shall ensure that Air and Marine 4 Operations operate unmanned aerial systems on the south5 ern border of the United States for not less than 24 hours 6 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 missions for Air and Marine 14 Operations are to directly support U.S. Border Pa- 15 trol activities along the southern border of the 16 United States and Joint Interagency Task Force 17 South operations in the transit zone; and 18 (2) the Executive Assistant Commissioner of 19 Air and Marine Operations assigns the greatest pri- 20 ority to support missions established by the Commis- 21 sioner to carry out the requirements under this Act. 22 (e) HIGH-DEMAND FLIGHT HOUR REQUIREMENTS.— 23 In accordance with subsection (d), the Commissioner shall 24 ensure that U.S. Border Patrol Sector Chiefs— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 17 1 2 (1) identify critical flight hour requirements; and 3 (2) direct Air and Marine Operations to sup- 4 port requests from Sector Chiefs as their primary 5 mission. 6 (f) SMALL UNMANNED AERIAL VEHICLES.— 7 (1) IN Chief of the U.S. Bor- 8 der Patrol shall be the executive agent for U.S. Cus- 9 toms and Border Protection’s use of small un- 10 manned aerial vehicles for the purpose of meeting 11 the U.S. Border Patrol’s unmet flight hour oper- 12 ational requirements and to achieve situational 13 awareness and operational control. 14 (2) COORDINATION.—In carrying out para- 15 graph (1), the Chief of the U.S. Border Patrol 16 shall— 17 (A) coordinate flight operations with the 18 Administrator of the Federal Aviation Adminis- 19 tration to ensure the safe and efficient oper- 20 ation of the National Airspace System; and 21 (B) coordinate with the Executive Assist- 22 ant Commissioner for Air and Marine Oper- 23 ations of U.S. Customs and Border Protection 24 to ensure the safety of other U.S. Customs and 25 Border Protection aircraft flying in the vicinity g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 18 1 of small unmanned aerial vehicles operated by 2 the U.S. Border Patrol. 3 (3) CONFORMING AMENDMENT.—Paragraph (3) 4 of section 411(e) of the Homeland Security Act of 5 2002 (6 U.S.C. 211(e)) is amended— 6 (A) in subparagraph (B), by striking 7 ‘‘and’’ after the semicolon at the end; 8 (B) by redesignating subparagraph (C) as 9 subparagraph (D); and 10 (C) by inserting after subparagraph (B) 11 the following new subparagraph: 12 ‘‘(C) carry out the small unmanned aerial 13 vehicle requirements pursuant to subsection (f) 14 of section 1112 of the Border Security for 15 America Act of 2018; and’’. 16 (g) SAVING CLAUSE.—Nothing in this section shall 17 confer, transfer, or delegate to the Secretary, the Commis18 sioner, the Executive Assistant Commissioner for Air and 19 Marine Operations of U.S. Customs and Border Protec20 tion, or the Chief of the U.S. Border Patrol any authority 21 of the Secretary of Transportation or the Administrator 22 of the Federal Aviation Administration relating to the use 23 of airspace or aviation safety. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 19 1 SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SEC- 2 3 TORS AND TRANSIT ZONE. (a) IN GENERAL.—Not later than September 30, 4 2023, the Secretary, in implementing section 102 of the 5 Illegal Immigration Reform and Immigrant Responsibility 6 Act of 1996 (as amended by section 1111 of this division), 7 and acting through the appropriate component of the De8 partment of Homeland Security, shall deploy to each sec9 tor or region of the southern border and the northern bor10 der, in a prioritized manner to achieve situational aware11 ness and operational control of such borders, the following 12 additional capabilities: 13 14 (1) SAN the San Diego sector, the following: 15 (A) Tower-based surveillance technology. 16 (B) Subterranean surveillance and detec- 17 tion technologies. 18 (C) To increase coastal maritime domain 19 awareness, the following: 20 (i) Deployable, lighter-than-air surface 21 surveillance equipment. 22 (ii) Unmanned aerial vehicles with 23 maritime surveillance capability. 24 (iii) U.S. Customs and Border Protec- 25 tion maritime patrol aircraft. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DIEGO SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 20 1 (iv) Coastal radar surveillance sys- 2 tems. 3 (v) Maritime signals intelligence capa- 4 bilities. 5 (D) Ultralight aircraft detection capabili- 6 ties. 7 (E) Advanced unattended surveillance sen- 8 sors. 9 (F) A rapid reaction capability supported 10 by aviation assets. 11 (G) Mobile vehicle-mounted and man-port- 12 able surveillance capabilities. 13 (H) Man-portable unmanned aerial vehi- 14 cles. 15 (I) Improved agent communications capa- 16 bilities. 17 (2) EL 18 the El Centro sector, the following: 19 (A) Tower-based surveillance technology. 20 (B) Deployable, lighter-than-air ground 21 surveillance equipment. 22 (C) Man-portable unmanned aerial vehi- 23 cles. 24 (D) Ultralight aircraft detection capabili- 25 ties. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 CENTRO SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 21 1 (E) Advanced unattended surveillance sen- 2 sors. 3 (F) A rapid reaction capability supported 4 by aviation assets. 5 (G) Man-portable unmanned aerial vehi- 6 cles. 7 (H) Improved agent communications capa- 8 bilities. 9 (3) YUMA 10 the Yuma sector, the following: 11 (A) Tower-based surveillance technology. 12 (B) Deployable, lighter-than-air ground 13 surveillance equipment. 14 (C) Ultralight aircraft detection capabili- 15 ties. 16 (D) Advanced unattended surveillance sen- 17 sors. 18 (E) A rapid reaction capability supported 19 by aviation assets. 20 (F) Mobile vehicle-mounted and man-port- 21 able surveillance systems. 22 (G) Man-portable unmanned aerial vehi- 23 cles. 24 (H) Improved agent communications capa- 25 bilities. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 22 1 2 (4) TUCSON the Tucson sector, the following: 3 (A) Tower-based surveillance technology. 4 (B) Increased flight hours for aerial detec- 5 tion, interdiction, and monitoring operations ca- 6 pability. 7 (C) Deployable, lighter-than-air ground 8 surveillance equipment. 9 (D) Ultralight aircraft detection capabili- 10 ties. 11 (E) Advanced unattended surveillance sen- 12 sors. 13 (F) A rapid reaction capability supported 14 by aviation assets. 15 (G) Man-portable unmanned aerial vehi- 16 cles. 17 (H) Improved agent communications capa- 18 bilities. 19 (5) EL 20 PASO SECTOR.—For the El Paso sector, the following: 21 (A) Tower-based surveillance technology. 22 (B) Deployable, lighter-than-air ground 23 surveillance equipment. 24 (C) Ultralight aircraft detection capabili- 25 ties. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 23 1 (D) Advanced unattended surveillance sen- 2 sors. 3 (E) Mobile vehicle-mounted and man-port- 4 able surveillance systems. 5 (F) A rapid reaction capability supported 6 by aviation assets. 7 (G) Mobile vehicle-mounted and man-port- 8 able surveillance capabilities. 9 (H) Man-portable unmanned aerial vehi- 10 cles. 11 (I) Improved agent communications capa- 12 bilities. 13 (6) BIG 14 tor, the following: the Big Bend sec- 15 (A) Tower-based surveillance technology. 16 (B) Deployable, lighter-than-air ground 17 surveillance equipment. 18 (C) Improved agent communications capa- 19 bilities. 20 (D) Ultralight aircraft detection capabili- 21 ties. 22 (E) Advanced unattended surveillance sen- 23 sors. 24 (F) A rapid reaction capability supported 25 by aviation assets. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 BEND SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 24 1 (G) Mobile vehicle-mounted and man-port- 2 able surveillance capabilities. 3 (H) Man-portable unmanned aerial vehi- 4 cles. 5 (I) Improved agent communications capa- 6 bilities. 7 (7) DEL 8 the following: 9 (B) Increased monitoring for cross-river 11 dams, culverts, and footpaths. 12 (C) Improved agent communications capa- 13 bilities. 14 (D) Improved maritime capabilities in the 15 Amistad National Recreation Area. 16 (E) Advanced unattended surveillance sen- 17 sors. 18 (F) A rapid reaction capability supported 19 by aviation assets. 20 (G) Mobile vehicle-mounted and man-port- 21 able surveillance capabilities. 22 (H) Man-portable unmanned aerial vehi- 23 cles. 24 (I) Improved agent communications capa- 25 bilities. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 the Del Rio sector, (A) Tower-based surveillance technology. 10 VerDate 0ct 09 2002 RIO SECTOR.—For Jkt 000000 (697089 48) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 25 1 2 (8) LAREDO the Laredo sector, the following: 3 (A) Tower-based surveillance technology. 4 (B) Maritime detection resources for the 5 Falcon Lake region. 6 (C) Increased flight hours for aerial detec- 7 tion, interdiction, and monitoring operations ca- 8 pability. 9 (D) Increased monitoring for cross-river 10 dams, culverts, and footpaths. 11 (E) Ultralight aircraft detection capability. 12 (F) Advanced unattended surveillance sen- 13 sors. 14 (G) A rapid reaction capability supported 15 by aviation assets. 16 (H) Man-portable unmanned aerial vehi- 17 cles. 18 (I) Improved agent communications capa- 19 bilities. 20 (9) RIO 21 GRANDE VALLEY SECTOR.—For the Rio Grande Valley sector, the following: 22 (A) Tower-based surveillance technology. 23 (B) Deployable, lighter-than-air ground 24 surveillance equipment. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 26 1 (C) Increased flight hours for aerial detec- 2 tion, interdiction, and monitoring operations ca- 3 pability. 4 (D) Ultralight aircraft detection capability. 5 (E) Advanced unattended surveillance sen- 6 sors. 7 (F) Increased monitoring for cross-river 8 dams, culverts, footpaths. 9 (G) A rapid reaction capability supported 10 by aviation assets. 11 (H) Increased maritime interdiction capa- 12 bilities. 13 (I) Mobile vehicle-mounted and man-port- 14 able surveillance capabilities. 15 (J) Man-portable unmanned aerial vehi- 16 cles. 17 (K) Improved agent communications capa- 18 bilities. 19 (10) BLAINE 20 the Blaine sector, the following: 21 (A) Increased flight hours for aerial detec- 22 tion, interdiction, and monitoring operations ca- 23 pability. 24 (B) Coastal radar surveillance systems. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 27 1 (C) Increased maritime interdiction capa- 2 bilities. 3 (D) Mobile vehicle-mounted and man-port- 4 able surveillance capabilities. 5 (E) Advanced unattended surveillance sen- 6 sors. 7 (F) Ultralight aircraft detection capabili- 8 ties. 9 (G) Man-portable unmanned aerial vehi- 10 cles. 11 (H) Improved agent communications capa- 12 bilities. 13 (11) SPOKANE 14 the Spokane sec- tor, the following: 15 (A) Increased flight hours for aerial detec- 16 tion, interdiction, and monitoring operations ca- 17 pability. 18 (B) Increased maritime interdiction capa- 19 bilities. 20 (C) Mobile vehicle-mounted and man-port- 21 able surveillance capabilities. 22 (D) Advanced unattended surveillance sen- 23 sors. 24 (E) Ultralight aircraft detection capabili- 25 ties. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 28 1 (F) Completion of six miles of the Bog 2 Creek road. 3 (G) Man-portable unmanned aerial vehi- 4 cles. 5 (H) Improved agent communications sys- 6 tems. 7 (12) HAVRE 8 the Havre sector, the following: 9 (A) Increased flight hours for aerial detec- 10 tion, interdiction, and monitoring operations ca- 11 pability. 12 (B) Mobile vehicle-mounted and man-port- 13 able surveillance capabilities. 14 (C) Advanced unattended surveillance sen- 15 sors. 16 (D) Ultralight aircraft detection capabili- 17 ties. 18 (E) Man-portable unmanned aerial vehi- 19 cles. 20 (F) Improved agent communications sys- 21 tems. 22 (13) GRAND 23 13:04 Jun 14, 2018 FORKS SECTOR.—For the Grand Forks sector, the following: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For Jkt 000000 (697089 48) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 29 1 (A) Increased flight hours for aerial detec- 2 tion, interdiction, and monitoring operations ca- 3 pability. 4 (B) Mobile vehicle-mounted and man-port- 5 able surveillance capabilities. 6 (C) Advanced unattended surveillance sen- 7 sors. 8 (D) Ultralight aircraft detection capabili- 9 ties. 10 (E) Man-portable unmanned aerial vehi- 11 cles. 12 (F) Improved agent communications sys- 13 tems. 14 (14) DETROIT 15 the Detroit sec- tor, the following: 16 (A) Increased flight hours for aerial detec- 17 tion, interdiction, and monitoring operations ca- 18 pability. 19 (B) Coastal radar surveillance systems. 20 (C) Increased maritime interdiction capa- 21 bilities. 22 (D) Mobile vehicle-mounted and man-port- 23 able surveillance capabilities. 24 (E) Advanced unattended surveillance sen- 25 sors. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 30 1 (F) Ultralight aircraft detection capabili- 2 ties. 3 (G) Man-portable unmanned aerial vehi- 4 cles. 5 (H) Improved agent communications sys- 6 tems. 7 (15) BUFFALO 8 the Buffalo sec- tor, the following: 9 (A) Increased flight hours for aerial detec- 10 tion, interdiction, and monitoring operations ca- 11 pability. 12 (B) Coastal radar surveillance systems. 13 (C) Increased maritime interdiction capa- 14 bilities. 15 (D) Mobile vehicle-mounted and man-port- 16 able surveillance capabilities. 17 (E) Advanced unattended surveillance sen- 18 sors. 19 (F) Ultralight aircraft detection capabili- 20 ties. 21 (G) Man-portable unmanned aerial vehi- 22 cles. 23 (H) Improved agent communications sys- 24 tems. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 31 1 2 (16) SWANTON the Swanton sec- tor, the following: 3 (A) Increased flight hours for aerial detec- 4 tion, interdiction, and monitoring operations ca- 5 pability. 6 (B) Mobile vehicle-mounted and man-port- 7 able surveillance capabilities. 8 (C) Advanced unattended surveillance sen- 9 sors. 10 (D) Ultralight aircraft detection capabili- 11 ties. 12 (E) Man-portable unmanned aerial vehi- 13 cles. 14 (F) Improved agent communications sys- 15 tems. 16 (17) HOULTON 17 SECTOR.—For the Houlton sec- tor, the following: 18 (A) Increased flight hours for aerial detec- 19 tion, interdiction, and monitoring operations ca- 20 pability. 21 (B) Mobile vehicle-mounted and man-port- 22 able surveillance capabilities. 23 (C) Advanced unattended surveillance sen- 24 sors. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SECTOR.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 32 1 (D) Ultralight aircraft detection capabili- 2 ties. 3 (E) Man-portable unmanned aerial vehi- 4 cles. 5 (F) Improved agent communications sys- 6 tems. 7 (18) TRANSIT 8 the transit zone, the following: 9 (A) Not later than two years after the date 10 of the enactment of this Act, an increase in the 11 number of overall cutter, boat, and aircraft 12 hours spent conducting interdiction operations 13 over the average number of such hours during 14 the preceding three fiscal years. 15 (B) Increased maritime signals intelligence 16 capabilities. 17 (C) To increase maritime domain aware- 18 ness, the following: 19 (i) Unmanned aerial vehicles with 20 maritime surveillance capability. 21 (ii) Increased maritime aviation patrol 22 hours. 23 (D) Increased operational hours for mari- 24 time security components dedicated to joint 25 counter-smuggling and interdiction efforts with g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ZONE.—For 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 33 1 other 2 Deployable Specialized Forces of the Coast 3 Guard. agencies, including the 4 (E) Coastal radar surveillance systems 5 with long range day and night cameras capable 6 of providing full maritime domain awareness of 7 the United States territorial waters surrounding 8 Puerto Rico, Mona Island, Desecheo Island, 9 Vieques Island, Culebra Island, Saint Thomas, 10 11 Saint John, and Saint Croix. (b) TACTICAL FLEXIBILITY.— 12 13 (1) SOUTHERN AND NORTHERN LAND BOR- DERS.— 14 (A) IN GENERAL.—Beginning on Sep- 15 tember 30, 2022, or after the Secretary has de- 16 ployed at least 25 percent of the capabilities re- 17 quired in each sector specified in subsection (a), 18 whichever comes later, the Secretary may devi- 19 ate from such capability deployments if the Sec- 20 retary determines that such deviation is re- 21 quired to achieve situational awareness or oper- 22 ational control. 23 (B) NOTIFICATION.—If the Secretary exer- 24 cises the authority described in subparagraph 25 (A), the Secretary shall, not later than 90 days g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 Federal 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 34 1 after such exercise, notify the Committee on 2 Homeland Security and Governmental Affairs 3 of the Senate and the Committee on Homeland 4 Security of the House of Representatives re- 5 garding the deviation under such subparagraph 6 that is the subject of such exercise. If the Sec- 7 retary makes any changes to such deviation, the 8 Secretary shall, not later than 90 days after 9 any such change, notify such committees re- 10 garding such change. 11 (2) TRANSIT 12 (A) NOTIFICATION.—The Secretary shall 13 notify the Committee on Homeland Security 14 and Governmental Affairs of the Senate, the 15 Committee on Commerce, Science, and Trans- 16 portation of the Senate, the Committee on 17 Homeland Security of the House of Representa- 18 tives, and the Committee on Transportation 19 and Infrastructure of the House of Representa- 20 tives regarding the capability deployments for 21 the transit zone specified in paragraph (18) of 22 subsection (a), including information relating 23 to— 24 (i) the number and types of assets 25 and personnel deployed; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ZONE.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 35 1 (ii) the impact such deployments have 2 on the capability of the Coast Guard to 3 conduct its mission in the transit zone re- 4 ferred to in paragraph (18) of subsection 5 (a). 6 (B) ALTERATION.—The Secretary may 7 alter the capability deployments referred to in 8 this section if the Secretary— 9 (i) determines, after consultation with 10 the committees referred to in subpara- 11 graph (A), that such alteration is nec- 12 essary; and 13 (ii) not later than 30 days after mak- 14 ing a determination under clause (i), noti- 15 fies the committees referred to in such 16 subparagraph regarding such alteration, 17 including information relating to— 18 (I) the number and types of as- 19 sets and personnel deployed pursuant 20 to such alteration; and 21 (II) the impact such alteration 22 has on the capability of the Coast 23 Guard to conduct its mission in the 24 transit zone referred to in paragraph 25 (18) of subsection (a). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 36 1 (c) EXIGENT CIRCUMSTANCES.— 2 (1) IN GENERAL.—Notwithstanding subsection 3 (b), the Secretary may deploy the capabilities re- 4 ferred to in subsection (a) in a manner that is incon- 5 sistent with the requirements specified in such sub- 6 section if, after the Secretary has deployed at least 7 25 percent of such capabilities, the Secretary deter- 8 mines that exigent circumstances demand such an 9 inconsistent deployment or that such an inconsistent 10 deployment is vital to the national security interests 11 of the United States. 12 (2) NOTIFICATION.—The Secretary shall notify 13 the Committee on Homeland Security of the House 14 of Representative and the Committee on Homeland 15 Security and Governmental Affairs of the Senate not 16 later than 30 days after making a determination 17 under paragraph (1). Such notification shall include 18 a detailed justification regarding such determination. 19 (d) INTEGRATION.—In carrying out subsection (a), 20 the Secretary shall, to the greatest extent practicable, inte21 grate, within each sector or region of the southern border 22 and northern border, as the case may be, the deployed ca23 pabilities specified in such subsection as necessary to 24 achieve situational awareness and operational control of 25 such borders. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 37 1 2 SEC. 1114. U.S. BORDER PATROL ACTIVITIES. The Chief of the U.S. Border Patrol shall prioritize 3 the deployment of U.S. Border Patrol agents to as close 4 to the physical land border as possible, consistent with 5 border security enforcement priorities and accessibility to 6 such areas. 7 SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM 8 9 MANAGEMENT. (a) IN GENERAL.—Subtitle C of title IV of the 10 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 11 is amended by adding at the end the following new section: 12 ‘‘SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM 13 14 MANAGEMENT. ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 15 this section, the term ‘major acquisition program’ means 16 an acquisition program of the Department that is esti17 mated by the Secretary to require an eventual total ex18 penditure of at least $300,000,000 (based on fiscal year 19 2018 constant dollars) over its life cycle cost. 20 ‘‘(b) PLANNING DOCUMENTATION.—For each border 21 security technology acquisition program of the Depart22 ment that is determined to be a major acquisition pro23 gram, the Secretary shall— 24 ‘‘(1) ensure that each such program has a writ- 25 ten acquisition program baseline approved by the 26 relevant acquisition decision authority; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 38 1 ‘‘(2) document that each such program is meet- 2 ing cost, schedule, and performance thresholds as 3 specified in such baseline, in compliance with rel- 4 evant departmental acquisition policies and the Fed- 5 eral Acquisition Regulation; and 6 ‘‘(3) have a plan for meeting program imple- 7 mentation objectives by managing contractor per- 8 formance. 9 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 10 acting through the Under Secretary for Management and 11 the Commissioner of U.S. Customs and Border Protection, 12 shall ensure border security technology acquisition pro13 gram managers who are responsible for carrying out this 14 section adhere to relevant internal control standards iden15 tified by the Comptroller General of the United States. 16 The Commissioner shall provide information, as needed, 17 to assist the Under Secretary in monitoring management 18 of border security technology acquisition programs under 19 this section. 20 ‘‘(d) PLAN.—The Secretary, acting through the 21 Under Secretary for Management, in coordination with 22 the Under Secretary for Science and Technology and the 23 Commissioner of U.S. Customs and Border Protection, 24 shall submit to the appropriate congressional committees 25 a plan for testing, evaluating, and using independent g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 39 1 verification and validation resources for border security 2 technology. Under the plan, new border security tech3 nologies shall be evaluated through a series of assess4 ments, processes, and audits to ensure— 5 ‘‘(1) compliance with relevant departmental ac- 6 quisition policies and the Federal Acquisition Regu- 7 lation; and 8 ‘‘(2) the effective use of taxpayer dollars.’’. 9 (b) CLERICAL AMENDMENT.—The table of contents 10 in section 1(b) of the Homeland Security Act of 2002 is 11 amended by inserting after the item relating to section 12 433 the following new item: ‘‘Sec. 435. Border security technology program management.’’. 13 14 (c) PROHIBITION OF ON ADDITIONAL AUTHORIZATION APPROPRIATIONS.—No additional funds are author- 15 ized to be appropriated to carry out section 435 of the 16 Homeland Security Act of 2002, as added by subsection 17 (a). Such section shall be carried out using amounts other18 wise authorized for such purposes. 19 SEC. 1116. NATIONAL GUARD SUPPORT TO SECURE THE 20 21 SOUTHERN BORDER. (a) NATIONAL GUARD SUPPORT.— 22 (1) AUTHORITY Secretary 23 may, pursuant to chapter 15 of title 10, United 24 States Code, request that the Secretary of Defense 25 support the Secretary’s efforts to secure the south- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TO REQUEST.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 40 1 ern border of the United States. The Secretary of 2 Defense may authorize the provision of such support 3 under section 502(f) of title 32, United States Code. 4 (2) APPROVAL AND ORDER.—With the approval 5 of the Secretary and the Secretary of Defense, the 6 Governor of a State may order any units or per- 7 sonnel of the National Guard of such State to per- 8 form operations and missions under section 502(f) 9 of title 32, United States Code, for the purpose of 10 securing the southern border of the United States. 11 (b) TYPES OF SUPPORT AUTHORIZED.—The support 12 provided in accordance with subsection (a) may include— 13 14 (1) construction of reinforced fencing or other physical barriers; 15 16 (2) operation of ground-based surveillance systems; 17 (3) deployment of manned aircraft, unmanned 18 aerial surveillance systems, and ground-based sur- 19 veillance systems to support continuous surveillance 20 of the southern border; and 21 22 (4) intelligence analysis support. (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec- 23 retary of Defense may deploy such materiel, equipment, 24 and logistics support as may be necessary to ensure the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 41 1 effectiveness of the assistance provided under subsection 2 (a). 3 (d) READINESS.—To ensure that the use of units and 4 personnel of the National Guard of a State authorized 5 pursuant to this section does not degrade the training and 6 readiness of such units and personnel, the Secretary of 7 Defense shall consider the following requirements when 8 authorizing or approving support under subsection (a): 9 (1) The performance of such support may not 10 affect adversely the quality of such training or readi- 11 ness or otherwise interfere with the ability of a unit 12 or personnel of the National Guard of a State to 13 perform the military functions of such member or 14 unit. 15 (2) The performance of such support may not 16 degrade the military skills of the units or personnel 17 of the National Guard of a State performing such 18 support. 19 (e) REPORT ON READINESS.—Upon the request of 20 the Secretary, the Secretary of Defense shall provide to 21 the Secretary a report on the readiness of units and per22 sonnel of the National Guard that the Secretary of De23 fense determines are capable of providing such support. 24 (f) REIMBURSEMENT NOTIFICATION.—Prior to pro- 25 viding any support under subsection (a), the Secretary of g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 42 1 Defense shall notify the Secretary whether the requested 2 support will be reimbursed under section 277 of title 10, 3 United States Code. 4 (g) REIMBURSEMENT TO STATES.—The Secretary of 5 Defense may reimburse a State for costs incurred in the 6 deployment of any units or personnel of the National 7 Guard pursuant to subsection (a). 8 (h) RELATIONSHIP TO OTHER LAWS.—Nothing in 9 this section may be construed as affecting the authorities 10 under chapter 9 of title 32, United States Code. 11 (i) REPORTS.— 12 (1) IN later than 180 days 13 after the date of the enactment of this Act and bian- 14 nually thereafter through December 31, 2021, the 15 Secretary of Defense shall submit to the appropriate 16 congressional defense committees (as defined in sec- 17 tion 101(a)(16) of title 10, United States Code) a 18 report regarding any support provided pursuant to 19 subsection (a) for the six month period preceding 20 each such report. 21 22 (2) ELEMENTS.—Each report under paragraph (1) shall include a description of— 23 (A) the support provided; and 24 (B) the sources and amounts of funds obli- 25 gated and expended to provide such support. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 43 1 SEC. 1117. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR- 2 DER SECURITY ON CERTAIN FEDERAL LAND. 3 (a) PROHIBITION ON INTERFERENCE WITH U.S. 4 CUSTOMS AND BORDER PROTECTION.— 5 (1) IN GENERAL.—The Secretary concerned 6 may not impede, prohibit, or restrict activities of 7 U.S. Customs and Border Protection on covered 8 Federal land to carry out the activities described in 9 subsection (b). 10 (2) APPLICABILITY.—The authority of U.S. 11 Customs and Border Protection to conduct activities 12 described in subsection (b) on covered Federal land 13 applies without regard to whether a state of emer- 14 gency exists. 15 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 16 BORDER PROTECTION.— 17 (1) IN Customs and Border 18 Protection shall have immediate access to covered 19 Federal land to conduct the activities described in 20 paragraph (2) on such land to prevent all unlawful 21 entries into the United States, including entries by 22 terrorists, unlawful aliens, instruments of terrorism, 23 narcotics, and other contraband through the south- 24 ern border or the northern border. 25 26 (2) ACTIVITIES 13:04 Jun 14, 2018 DESCRIBED.—The activities de- scribed in this paragraph are— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—U.S. Jkt 000000 (697089 48) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 44 1 (A) carrying out section 102 of the Illegal 2 Immigration Reform and Immigrant Responsi- 3 bility Act of 1996 (Division C of Public Law 4 104–208; 8 U.S.C. 1103 note), as amended by 5 section 1111 of this division; 6 (B) the execution of search and rescue op- 7 erations; 8 (C) the use of motorized vehicles, foot pa- 9 trols, and horseback to patrol the border area, 10 apprehend illegal entrants, and rescue individ- 11 uals; and 12 (D) the remediation of tunnels used to fa- 13 cilitate unlawful immigration or other illicit ac- 14 tivities. 15 16 (c) CLARIFICATION RELATING WAIVER AUTHOR- ITY.— 17 (1) IN GENERAL.—The activities of U.S. Cus- 18 toms and Border Protection described in subsection 19 (b)(2) may be carried out without regard to the pro- 20 visions of law specified in paragraph (2). 21 (2) PROVISIONS OF LAW SPECIFIED.—The pro- 22 visions of law specified in this section are all Fed- 23 eral, State, or other laws, regulations, and legal re- 24 quirements of, deriving from, or related to the sub- 25 ject of, the following laws: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TO 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 45 1 (A) The National Environmental Policy 2 Act of 1969 (42 U.S.C. 4321 et seq.). 3 (B) The Endangered Species Act of 1973 4 (16 U.S.C. 1531 et seq.). 5 (C) The Federal Water Pollution Control 6 Act (33 U.S.C. 1251 et seq.) (commonly re- 7 ferred to as the ‘‘Clean Water Act’’). 8 (D) Division A of subtitle III of title 54, 9 United States Code (54 U.S.C. 300301 et seq.) 10 (formerly known as the ‘‘National Historic 11 Preservation Act’’). 12 (E) The Migratory Bird Treaty Act (16 13 U.S.C. 703 et seq.). 14 (F) The Clean Air Act (42 U.S.C. 7401 et 15 seq.). 16 (G) The Archaeological Resources Protec- 17 tion Act of 1979 (16 U.S.C. 470aa et seq.). 18 (H) The Safe Drinking Water Act (42 19 U.S.C. 300f et seq.). 20 (I) The Noise Control Act of 1972 (42 21 U.S.C. 4901 et seq.). 22 (J) The Solid Waste Disposal Act (42 23 U.S.C. 6901 et seq.). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 46 1 (K) The Comprehensive Environmental 2 Response, Compensation, and Liability Act of 3 1980 (42 U.S.C. 9601 et seq.). 4 (L) Chapter 3125 of title 54, United 5 States Code (formerly known as the ‘‘Archae- 6 ological and Historic Preservation Act’’). 7 (M) The Antiquities Act (16 U.S.C. 431 et 8 seq.). 9 (N) Chapter 3203 of title 54, United 10 States Code (formerly known as the ‘‘Historic 11 Sites, Buildings, and Antiquities Act’’). 12 (O) The Wild and Scenic Rivers Act (16 13 U.S.C. 1271 et seq.). 14 (P) The Farmland Protection Policy Act 15 (7 U.S.C. 4201 et seq.). 16 (Q) The Coastal Zone Management Act of 17 1972 (16 U.S.C. 1451 et seq.). 18 (R) The Wilderness Act (16 U.S.C. 1131 19 et seq.). 20 (S) The Federal Land Policy and Manage- 21 ment Act of 1976 (43 U.S.C. 1701 et seq.). 22 (T) The National Wildlife Refuge System 23 Administration Act of 1966 (16 U.S.C. 668dd 24 et seq.). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 47 1 (U) The Fish and Wildlife Act of 1956 (16 2 U.S.C. 742a et seq.). 3 (V) The Fish and Wildlife Coordination 4 Act (16 U.S.C. 661 et seq.). 5 (W) Subchapter II of chapter 5, and chap- 6 ter 7, of title 5, United States Code (commonly 7 known as the ‘‘Administrative Procedure Act’’). 8 (X) The Otay Mountain Wilderness Act of 9 1999 (Public Law 106–145). 10 (Y) Sections 102(29) and 103 of the Cali- 11 fornia Desert Protection Act of 1994 (Public 12 Law 103–433). 13 (Z) Division A of subtitle I of title 54, 14 United States Code (formerly known as the 15 ‘‘National Park Service Organic Act’’. 16 (AA) The National Park Service General 17 Authorities Act (Public Law 91–383, 16 U.S.C. 18 1a–1 et seq.). 19 (BB) Sections 401(7), 403, and 404 of the 20 National Parks and Recreation Act of 1978 21 (Public Law 95–625). 22 (CC) Sections 301(a) through (f) of the 23 Arizona Desert Wilderness Act (Public Law 24 101–628). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 48 1 (DD) The Rivers and Harbors Act of 1899 2 (33 U.S.C. 403). 3 (EE) The Eagle Protection Act (16 U.S.C. 4 668 et seq.). 5 (FF) The Native American Graves Protec- 6 tion and Repatriation Act (25 U.S.C. 3001 et 7 seq.). 8 (GG) The American Indian Religious Free- 9 dom Act (42 U.S.C. 1996). 10 (HH) The National Forest Management 11 Act of 1976 (16 U.S.C. 1600 et seq.). 12 (II) The Multiple Use and Sustained Yield 13 Act of 1960 (16 U.S.C. 528 et seq.). 14 (3) APPLICABILITY 15 LAWS.—If 16 (2) was repealed and incorporated into title 54, 17 United States Code, after April 1, 2008, and before 18 the date of the enactment of this Act, the waiver de- 19 scribed in paragraph (1) shall apply to the provision 20 of such title that corresponds to the provision of law 21 specified in paragraph (2) to the same extent the 22 waiver applied to that provision of law. 23 a provision of law specified in paragraph (4) SAVINGS CLAUSE.—The waiver authority 24 under this subsection may not be construed as af- 25 fecting, negating, or diminishing in any manner the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF WAIVER TO SUCCESSOR 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 49 1 applicability of section 552 of title 5, United States 2 Code (commonly referred to as the ‘‘Freedom of In- 3 formation Act’’), in any relevant matter. 4 (d) PROTECTION OF LEGAL USES.—This section may 5 not be construed to provide— 6 (1) authority to restrict legal uses, such as 7 grazing, hunting, mining, or recreation or the use of 8 backcountry airstrips, on land under the jurisdiction 9 of the Secretary of the Interior or the Secretary of 10 Agriculture; or 11 (2) any additional authority to restrict legal ac- 12 cess to such land. 13 (e) EFFECT ON STATE AND PRIVATE LAND.—This 14 section shall— 15 16 (1) have no force or effect on State lands or private lands; and 17 (2) not provide authority on or access to State 18 lands or private lands. 19 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 20 may be construed to supersede, replace, negate, or dimin21 ish treaties or other agreements between the United States 22 and Indian tribes. 23 (g) MEMORANDA OF UNDERSTANDING.—The re- 24 quirements of this section shall not apply to the extent 25 that such requirements are incompatible with any memo- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 50 1 randum of understanding or similar agreement entered 2 into between the Commissioner and a National Park Unit 3 before the date of the enactment of this Act. 4 (h) DEFINITIONS.—In this section: 5 (1) COVERED FEDERAL LAND.—The term ‘‘cov- 6 ered Federal land’’ includes all land under the con- 7 trol of the Secretary concerned that is located within 8 100 miles of the southern border or the northern 9 border. 10 (2) SECRETARY 11 CONCERNED.—The term ‘‘Sec- retary concerned’’ means— 12 (A) with respect to land under the jurisdic- 13 tion of the Department of Agriculture, the Sec- 14 retary of Agriculture; and 15 (B) with respect to land under the jurisdic- 16 tion of the Department of the Interior, the Sec- 17 retary of the Interior. 18 SEC. 1118. LANDOWNER AND RANCHER SECURITY EN- 19 HANCEMENT. 20 (a) ESTABLISHMENT 21 RITY OF NATIONAL BORDER SECU- ADVISORY COMMITTEE.—The Secretary shall estab- 22 lish a National Border Security Advisory Committee, 23 which— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 51 1 (1) may advise, consult with, report to, and 2 make recommendations to the Secretary on matters 3 relating to border security matters, including— 4 (A) verifying security claims and the bor- 5 der security metrics established by the Depart- 6 ment of Homeland Security under section 1092 7 of the National Defense Authorization Act for 8 Fiscal Year 2017 (Public Law 114–328; 6 9 U.S.C. 223); and 10 (B) discussing ways to improve the secu- 11 rity of high traffic areas along the northern 12 border and the southern border; and 13 (2) may provide, through the Secretary, rec- 14 ommendations to Congress. 15 (b) CONSIDERATION OF VIEWS.—The Secretary shall 16 consider the information, advice, and recommendations of 17 the National Border Security Advisory Committee in for18 mulating policy regarding matters affecting border secu19 rity. 20 (c) MEMBERSHIP.—The National Border Security 21 Advisory Committee shall consist of at least one member 22 from each State who— 23 24 (1) has at least five years practical experience in border security operations; or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 52 1 (2) lives and works in the United States within 2 80 miles from the southern border or the northern 3 border. 4 (d) NONAPPLICABILITY OF FEDERAL ADVISORY 5 COMMITTEE ACT.—The Federal Advisory Committee Act 6 (5 U.S.C. App.) shall not apply to the National Border 7 Security Advisory Committee. 8 SEC. 1119. ERADICATION OF CARRIZO CANE AND SALT 9 10 CEDAR. (a) IN GENERAL.—Not later than September 30, 11 2023, the Secretary, after coordinating with the heads of 12 the relevant Federal, State, and local agencies, shall begin 13 eradicating the carrizo cane plant and any salt cedar along 14 the Rio Grande River that impedes border security oper15 ations. 16 (b) EXTENT.—The waiver authority under subsection 17 (c) of section 102 of the Illegal Immigration Reform and 18 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 19 note), as amended by section 1111 of this division, shall 20 extend to activities carried out pursuant to this section. 21 22 SEC. 1120. SOUTHERN BORDER THREAT ANALYSIS. (a) THREAT ANALYSIS.— 23 (1) REQUIREMENT.—Not later than 180 days 24 after the date of the enactment of this Act, the Sec- 25 retary shall submit to the Committee on Homeland g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 53 1 Security of the House of Representatives and the 2 Committee on Homeland Security and Governmental 3 Affairs of the Senate a Southern border threat anal- 4 ysis. 5 6 (2) CONTENTS.—The analysis submitted under paragraph (1) shall include an assessment of— 7 (A) current and potential terrorism and 8 criminal threats posed by individuals and orga- 9 nized groups seeking— 10 (i) to unlawfully enter the United 11 States through the Southern border; or 12 (ii) to exploit security vulnerabilities 13 along the Southern border; 14 (B) improvements needed at and between 15 ports of entry along the Southern border to pre- 16 vent terrorists and instruments of terror from 17 entering the United States; 18 (C) gaps in law, policy, and coordination 19 between State, local, or tribal law enforcement, 20 international agreements, or tribal agreements 21 that hinder effective and efficient border secu- 22 rity, counterterrorism, and anti-human smug- 23 gling and trafficking efforts; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 54 1 (D) the current percentage of situational 2 awareness achieved by the Department along 3 the Southern border; 4 (E) the current percentage of operational 5 control achieved by the Department on the 6 Southern border; and 7 (F) traveler crossing times and any poten- 8 tial security vulnerability associated with pro- 9 longed wait times. 10 (3) ANALYSIS compiling 11 the Southern border threat analysis required under 12 this subsection, the Secretary shall consider and ex- 13 amine— 14 (A) the technology needs and challenges, 15 including such needs and challenges identified 16 as a result of previous investments that have 17 not fully realized the security and operational 18 benefits that were sought; 19 (B) the personnel needs and challenges, in- 20 cluding such needs and challenges associated 21 with recruitment and hiring; 22 (C) the infrastructure needs and chal- 23 lenges; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 REQUIREMENTS.—In 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 55 1 (D) the roles and authorities of State, 2 local, and tribal law enforcement in general bor- 3 der security activities; 4 (E) the status of coordination among Fed- 5 eral, State, local, tribal, and Mexican law en- 6 forcement entities relating to border security; 7 (F) the terrain, population density, and cli- 8 mate along the Southern border; and 9 (G) the international agreements between 10 the United States and Mexico related to border 11 security. 12 (4) CLASSIFIED the extent possible, 13 the Secretary shall submit the Southern border 14 threat analysis required under this subsection in un- 15 classified form, but may submit a portion of the 16 threat analysis in classified form if the Secretary de- 17 termines such action is appropriate. 18 (b) U.S. BORDER PATROL STRATEGIC PLAN.— 19 (1) IN GENERAL.—Not later than 180 days 20 after the submission of the threat analysis required 21 under subsection (a) or June 30, 2019, and every 22 five years thereafter, the Secretary, acting through 23 the Chief of the U.S. Border Patrol, shall issue a 24 Border Patrol Strategic Plan. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FORM.—To 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 56 1 (2) CONTENTS.—The Border Patrol Strategic 2 Plan required under this subsection shall include a 3 consideration of— 4 (A) the Southern border threat analysis re- 5 quired under subsection (a), with an emphasis 6 on efforts to mitigate threats identified in such 7 threat analysis; 8 (B) efforts to analyze and disseminate bor- 9 der security and border threat information be- 10 tween border security components of the De- 11 partment and other appropriate Federal depart- 12 ments and agencies with missions associated 13 with the Southern border; 14 (C) efforts to increase situational aware- 15 ness, including— 16 (i) surveillance capabilities, including 17 capabilities developed or utilized by the 18 Department of Defense, and any appro- 19 priate technology determined to be excess 20 by the Department of Defense; and 21 (ii) the use of manned aircraft and 22 unmanned aerial systems, including cam- 23 era and sensor technology deployed on 24 such assets; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 57 1 (D) efforts to detect and prevent terrorists 2 and instruments of terrorism from entering the 3 United States; 4 (E) efforts to detect, interdict, and disrupt 5 aliens and illicit drugs at the earliest possible 6 point; 7 (F) efforts to focus intelligence collection 8 to disrupt transnational criminal organizations 9 outside of the international and maritime bor- 10 ders of the United States; 11 (G) efforts to ensure that any new border 12 security technology can be operationally inte- 13 grated with existing technologies in use by the 14 Department; 15 (H) any technology required to maintain, 16 support, and enhance security and facilitate 17 trade at ports of entry, including nonintrusive 18 detection equipment, radiation detection equip- 19 ment, biometric technology, surveillance sys- 20 tems, and other sensors and technology that the 21 Secretary determines to be necessary; 22 (I) operational coordination unity of effort 23 initiatives of the border security components of 24 the Department, including any relevant task 25 forces of the Department; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 58 1 (J) 2 learned from Operation Jumpstart and Operation Phalanx; 3 (K) cooperative agreements and informa- 4 tion sharing with State, local, tribal, territorial, 5 and other Federal law enforcement agencies 6 that have jurisdiction on the Northern border 7 or the Southern border; 8 (L) border security information received 9 from consultation with State, local, tribal, terri- 10 torial, and Federal law enforcement agencies 11 that have jurisdiction on the Northern border 12 or the Southern border, or in the maritime en- 13 vironment, and from border community stake- 14 holders (including through public meetings with 15 such stakeholders), including representatives 16 from border agricultural and ranching organiza- 17 tions and representatives from business and 18 civic organizations along the Northern border 19 or the Southern border; 20 (M) staffing requirements for all depart- 21 mental border security functions; 22 (N) a prioritized list of departmental re- 23 search and development objectives to enhance 24 the security of the Southern border; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 lessons 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 59 1 (O) an assessment of training programs, 2 including training programs for— 3 (i) identifying and detecting fraudu- 4 lent documents; 5 (ii) understanding the scope of en- 6 forcement authorities and the use of force 7 policies; and 8 (iii) screening, identifying, and ad- 9 dressing vulnerable populations, such as 10 children and victims of human trafficking; 11 and 12 (P) an assessment of how border security 13 operations affect border crossing times. 14 SEC. 1121. AMENDMENTS TO U.S. CUSTOMS AND BORDER 15 PROTECTION. 16 (a) DUTIES.—Subsection (c) of section 411 of the 17 Homeland Security Act of 2002 (6 U.S.C. 211) is amend18 ed— 19 20 (1) in paragraph (18), by striking ‘‘and’’ after the semicolon at the end; 21 22 (2) by redesignating paragraph (19) as paragraph (21); and 23 24 (3) by inserting after paragraph (18) the following new paragraphs: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 60 1 ‘‘(19) administer the U.S. Customs and Border 2 Protection public private partnerships under subtitle 3 G; 4 ‘‘(20) administer preclearance operations under 5 the Preclearance Authorization Act of 2015 (19 6 U.S.C. 4431 et seq.; enacted as subtitle B of title 7 VIII of the Trade Facilitation and Trade Enforce- 8 ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 9 (b) OFFICE OF FIELD OPERATIONS STAFFING.— 10 Subparagraph (A) of section 411(g)(5) of the Homeland 11 Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 12 inserting before the period at the end the following: ‘‘com13 pared to the number indicated by the current fiscal year 14 work flow staffing model’’. 15 (c) IMPLEMENTATION PLAN.—Subparagraph (B) of 16 section 814(e)(1) of the Preclearance Authorization Act 17 of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 18 title VIII of the Trade Facilitation and Trade Enforce19 ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 20 to read as follows: 21 ‘‘(B) a port of entry vacancy rate which 22 compares the number of officers identified in 23 subparagraph (A) with the number of officers 24 at the port at which such officer is currently as- 25 signed.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 61 1 (d) DEFINITION.—Subsection (r) of section 411 of 2 the Homeland Security Act of 2002 (6 U.S.C. 211) is 3 amended— 4 5 (1) by striking ‘‘this section, the terms’’ and inserting the following: ‘‘this section: 6 ‘‘(1) the terms’’; 7 (2) in paragraph (1), as added by subparagraph 8 (A), by striking the period at the end and inserting 9 ‘‘; and’’; and 10 11 (3) by adding at the end the following new paragraph: 12 ‘‘(2) the term ‘unmanned aerial systems’ has 13 the meaning given the term ‘unmanned aircraft sys- 14 tem’ in section 331 of the FAA Modernization and 15 Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 16 40101 note).’’. 17 18 SEC. 1122. AGENT AND OFFICER TECHNOLOGY USE. In carrying out section 102 of the Illegal Immigration 19 Reform and Immigrant Responsibility Act of 1996 (as 20 amended by section 1111 of this division) and section 21 1113 of this division, the Secretary shall, to the greatest 22 extent practicable, ensure that technology deployed to gain 23 situational awareness and operational control of the bor24 der be provided to front-line officers and agents of the De25 partment of Homeland Security. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 62 1 2 SEC. 1123. INTEGRATED BORDER ENFORCEMENT TEAMS. (a) IN GENERAL.—Subtitle C of title IV of the 3 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 4 as amended by section 1115 of this division, is further 5 amended by adding at the end the following new section: 6 7 ‘‘SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS. ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 8 lish within the Department a program to be known as the 9 Integrated Border Enforcement Team program (referred 10 to in this section as ‘IBET’). 11 ‘‘(b) PURPOSE.—The Secretary shall administer the 12 IBET program in a manner that results in a cooperative 13 approach between the United States and Canada to— 14 15 ‘‘(1) strengthen security between designated ports of entry; 16 ‘‘(2) detect, prevent, investigate, and respond to 17 terrorism and violations of law related to border se- 18 curity; 19 ‘‘(3) facilitate collaboration among components 20 and offices within the Department and international 21 partners; 22 ‘‘(4) execute coordinated activities in further- 23 ance of border security and homeland security; and 24 ‘‘(5) enhance information-sharing, including the 25 dissemination of homeland security information 26 among such components and offices. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 63 1 ‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 2 ‘‘(1) COMPOSITION.—IBETs shall be led by the 3 United States Border Patrol and may be comprised 4 of personnel from the following: 5 ‘‘(A) Other subcomponents of U.S. Cus- 6 toms and Border Protection. 7 ‘‘(B) U.S. Immigration and Customs En- 8 forcement, led by Homeland Security Investiga- 9 tions. 10 ‘‘(C) The Coast Guard, for the purpose of 11 securing the maritime borders of the United 12 States. 13 ‘‘(D) Other Department personnel, as ap- 14 propriate. 15 ‘‘(E) Other Federal departments and agen- 16 cies, as appropriate. 17 ‘‘(F) Appropriate State law enforcement 18 agencies. 19 ‘‘(G) Foreign law enforcement partners. 20 ‘‘(H) Local law enforcement agencies from 21 affected border cities and communities. 22 ‘‘(I) Appropriate tribal law enforcement 23 agencies. 24 ‘‘(2) LOCATION.—The Secretary is authorized 25 to establish IBETs in regions in which such teams g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 64 1 can contribute to IBET missions, as appropriate. 2 When establishing an IBET, the Secretary shall con- 3 sider the following: 4 ‘‘(A) Whether the region in which the 5 IBET would be established is significantly im- 6 pacted by cross-border threats. 7 ‘‘(B) The availability of Federal, State, 8 local, tribal, and foreign law enforcement re- 9 sources to participate in an IBET. 10 ‘‘(C) Whether, in accordance with para- 11 graph (3), other joint cross-border initiatives al- 12 ready take place within the region in which the 13 IBET would be established, including other De- 14 partment cross-border programs such as the In- 15 tegrated Cross-Border Maritime Law Enforce- 16 ment Operation Program established under sec- 17 tion 711 of the Coast Guard and Maritime 18 Transportation Act of 2012 (46 U.S.C. 70101 19 note) or the Border Enforcement Security Task 20 Force established under section 432. 21 ‘‘(3) DUPLICATION EFFORTS.—In deter- 22 mining whether to establish a new IBET or to ex- 23 pand an existing IBET in a given region, the Sec- 24 retary shall ensure that the IBET under consider- 25 ation does not duplicate the efforts of other existing g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 65 1 interagency task forces or centers within such re- 2 gion, including the Integrated Cross-Border Mari- 3 time Law Enforcement Operation Program estab- 4 lished under section 711 of the Coast Guard and 5 Maritime Transportation Act of 2012 (46 U.S.C. 6 70101 note) or the Border Enforcement Security 7 Task Force established under section 432. 8 ‘‘(d) OPERATION.— 9 ‘‘(1) IN determining the re- 10 gions in which to establish IBETs, the Secretary 11 may— 12 ‘‘(A) direct the assignment of Federal per- 13 sonnel to such IBETs; and 14 ‘‘(B) take other actions to assist Federal, 15 State, local, and tribal entities to participate in 16 such IBETs, including providing financial as- 17 sistance, as appropriate, for operational, admin- 18 istrative, and technological costs associated with 19 such participation. 20 ‘‘(2) LIMITATION.—Coast Guard personnel as- 21 signed under paragraph (1) may be assigned only 22 for the purposes of securing the maritime borders of 23 the United States, in accordance with subsection 24 (c)(1)(C). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—After 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 66 1 ‘‘(e) COORDINATION.—The Secretary shall coordinate 2 the IBET program with other similar border security and 3 antiterrorism programs within the Department in accord4 ance with the strategic objectives of the Cross-Border Law 5 Enforcement Advisory Committee. 6 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec- 7 retary may enter into memoranda of understanding with 8 appropriate representatives of the entities specified in sub9 section (c)(1) necessary to carry out the IBET program. 10 Such memoranda with entities specified in subparagraph 11 (G) of such subsection shall be entered into with the con12 currence of the Secretary of State. 13 ‘‘(g) REPORT.—Not later than 180 days after the 14 date on which an IBET is established and biannually 15 thereafter for the following six years, the Secretary shall 16 submit to the Committee on Homeland Security of the 17 House of Representatives and the Committee on Home18 land Security and Governmental Affairs of the Senate, 19 and in the case of Coast Guard personnel used to secure 20 the maritime borders of the United States, additionally to 21 the Committee on Transportation and Infrastructure of 22 the House of Representatives, a report that— 23 24 ‘‘(1) describes the effectiveness of IBETs in fulfilling the purposes specified in subsection (b); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 67 1 ‘‘(2) assess the impact of certain challenges on 2 the sustainment of cross-border IBET operations, 3 including challenges faced by international partners; 4 ‘‘(3) addresses ways to support joint training 5 for IBET stakeholder agencies and radio interoper- 6 ability to allow for secure cross-border radio commu- 7 nications; and 8 ‘‘(4) assesses how IBETs, Border Enforcement 9 Security Task Forces, and the Integrated Cross-Bor- 10 der Maritime Law Enforcement Operation Program 11 can better align operations, including interdiction 12 and investigation activities.’’. 13 (b) CLERICAL AMENDMENT.—The table of contents 14 in section 1(b) of the Homeland Security Act of 2002 is 15 amended by adding after the item relating to section 435 16 the following new item: ‘‘Sec. 436. Integrated Border Enforcement Teams.’’. 17 18 SEC. 1124. TUNNEL TASK FORCES. The Secretary is authorized to establish Tunnel Task 19 Forces for the purposes of detecting and remediating tun20 nels that breach the international border of the United 21 States. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 68 1 SEC. 1125. PILOT PROGRAM ON USE OF ELECTRO- 2 MAGNETIC SPECTRUM IN SUPPORT OF BOR- 3 DER SECURITY OPERATIONS. 4 (a) IN GENERAL.—The Commissioner, in consulta- 5 tion with the Assistant Secretary of Commerce for Com6 munications and Information, shall conduct a pilot pro7 gram to test and evaluate the use of electromagnetic spec8 trum by U.S. Customs and Border Protection in support 9 of border security operations through— 10 (1) ongoing management and monitoring of 11 spectrum to identify threats such as unauthorized 12 spectrum use, and the jamming and hacking of 13 United States communications assets, by persons en- 14 gaged in criminal enterprises; 15 (2) automated spectrum management to enable 16 greater efficiency and speed for U.S. Customs and 17 Border Protection in addressing emerging challenges 18 in overall spectrum use on the United States border; 19 and 20 (3) coordinated use of spectrum resources to 21 better facilitate interoperability and interagency co- 22 operation and interdiction efforts at or near the 23 United States border. 24 (b) REPORT TO CONGRESS.—Not later than 180 days 25 after the conclusion of the pilot program conducted under 26 subsection (a), the Commissioner shall submit to the Comg:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 69 1 mittee on Homeland Security and the Committee on En2 ergy and Commerce of the House of Representatives and 3 the Committee on Homeland Security and Governmental 4 Affairs and the Committee on Commerce, Science, and 5 Transportation of the Senate a report on the findings and 6 data derived from such program. 7 8 SEC. 1126. FOREIGN MIGRATION ASSISTANCE. (a) IN GENERAL.—Subtitle C of title IV of the 9 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 10 as amended by sections 1115 and 1123 of this division, 11 is further amended by adding at the end the following new 12 section: 13 14 ‘‘SEC. 437. FOREIGN MIGRATION ASSISTANCE. ‘‘(a) IN GENERAL.—The Secretary, with the concur- 15 rence of the Secretary of State, may provide to a foreign 16 government financial assistance for foreign country oper17 ations to address migration flows that may affect the 18 United States. 19 ‘‘(b) DETERMINATION.—Assistance provided under 20 subsection (a) may be provided only if such assistance 21 would enhance the recipient government’s capacity to ad22 dress irregular migration flows that may affect the United 23 States, including through related detention or removal op24 erations by the recipient government, including procedures 25 to screen and provide protection for certain individuals. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 70 1 ‘‘(c) REIMBURSEMENT OF EXPENSES.—The Sec- 2 retary may, if appropriate, seek reimbursement from the 3 receiving foreign government for the provision of financial 4 assistance under this section. 5 6 ‘‘(d) RECEIPTS CREDITED TIONS.—Notwithstanding AS OFFSETTING COLLEC- section 3302 of title 31, United 7 States Code, any reimbursement collected pursuant to 8 subsection (c) shall— 9 ‘‘(1) be credited as offsetting collections to the 10 account that finances the financial assistance under 11 this section for which such reimbursement is re- 12 ceived; and 13 ‘‘(2) remain available until expended for the 14 purpose of carrying out this section. 15 ‘‘(e) EFFECTIVE PERIOD.—The authority provided 16 under this section shall remain in effect until September 17 30, 2023. 18 ‘‘(f) DEVELOPMENT AND PROGRAM EXECUTION.— 19 The Secretary and the Secretary of State shall jointly de20 velop and implement any financial assistance under this 21 section. 22 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec- 23 tion may be construed as affecting, augmenting, or dimin24 ishing the authority of the Secretary of State. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 71 1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad- 2 dition to amounts otherwise authorized to be appropriated 3 for such purpose, there is authorized to be appropriated 4 $50,000,000 for fiscal years 2019 through 2023 to carry 5 out this section.’’. 6 (b) CLERICAL AMENDMENT.—The table of contents 7 in section 1(b) of the Homeland Security Act of 2002 is 8 amended by inserting after the item relating to section 9 436 the following new item: ‘‘Sec. 437. Foreign migration assistance.’’. 10 SEC. 1127. BIOMETRIC IDENTIFICATION TRANSNATIONAL 11 12 MIGRATION ALERT PROGRAM. (a) IN GENERAL.—Subtitle D of title IV of the 13 Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 14 is amended by adding at the end the following new section: 15 ‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL 16 17 MIGRATION ALERT PROGRAM. ‘‘(a) ESTABLISHMENT.—There is established in the 18 Department a program to be known as the Biometric 19 Identification Transnational Migration Alert Program (re20 ferred to in this section as ‘BITMAP’) to address and re21 duce national security, border security, and public safety 22 threats before such threats reach the international border 23 of the United States. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 72 1 ‘‘(b) DUTIES.—In carrying out BITMAP operations, 2 the Secretary, acting through the Director of U.S. Immi3 gration and Customs Enforcement, shall— 4 ‘‘(1) provide, when necessary, capabilities, 5 training, and equipment, to the government of a for- 6 eign country to collect biometric and biographic 7 identification data from individuals to identify, pre- 8 vent, detect, and interdict high risk individuals iden- 9 tified as national security, border security, or public 10 safety threats who may attempt to enter the United 11 States utilizing illicit pathways; 12 ‘‘(2) provide capabilities to the government of a 13 foreign country to compare foreign data against ap- 14 propriate United States national security, border se- 15 curity, public safety, immigration, and counter-ter- 16 rorism data, including— 17 ‘‘(A) the Federal Bureau of Investigation’s 18 Terrorist Screening Database, or successor 19 database; 20 ‘‘(B) the Federal Bureau of Investigation’s 21 Next Generation Identification database, or suc- 22 cessor database; 23 ‘‘(C) the Department of Defense Auto- 24 mated Biometric Identification System (com- 25 monly known as ‘ABIS’), or successor database; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 73 1 ‘‘(D) the Department’s Automated Biomet- 2 ric Identification System (commonly known as 3 ‘IDENT’), or successor database; and 4 ‘‘(E) any other database, notice, or means 5 that the Secretary, in consultation with the 6 heads of other Federal departments and agen- 7 cies responsible for such databases, notices, or 8 means, designates; and 9 ‘‘(3) ensure biometric and biographic identifica- 10 tion data collected pursuant to BITMAP are incor- 11 porated into appropriate United States Government 12 databases, in compliance with the policies and proce- 13 dures established by the Privacy Officer appointed 14 under section 222. 15 ‘‘(c) COLLABORATION.—The Secretary shall ensure 16 that BITMAP operations include participation from rel17 evant components of the Department, and, as appropriate, 18 request participation from other Federal agencies. 19 ‘‘(d) COORDINATION.—The Secretary shall coordi- 20 nate with the Secretary of State, appropriate representa21 tives of foreign governments, and the heads of other Fed22 eral agencies, as appropriate, to carry out paragraph (1) 23 of subsection (b). 24 ‘‘(e) AGREEMENTS.—Before carrying out BITMAP 25 operations in a foreign country that, as of the date of the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 74 1 enactment of this section, was not a partner country de2 scribed in this section, the Secretary, with the concurrence 3 of the Secretary of State, shall enter into an agreement 4 or arrangement with the government of such country that 5 outlines such operations in such country, including related 6 departmental operations. Such country shall be a partner 7 country described in this section pursuant to and for pur8 poses of such agreement or arrangement. 9 ‘‘(f) NOTIFICATION TO CONGRESS.—Not later than 10 60 days before an agreement with the government of a 11 foreign country to carry out BITMAP operations in such 12 foreign country enters into force, the Secretary shall pro13 vide the Committee on Homeland Security of the House 14 of Representatives and the Committee on Homeland Secu15 rity and Governmental Affairs of the Senate with a copy 16 of the agreement to establish such operations, which shall 17 include— 18 ‘‘(1) the identification of the foreign country 19 with which the Secretary intends to enter into such 20 an agreement; 21 22 ‘‘(2) the location at which such operations will be conducted; and 23 24 ‘‘(3) the terms and conditions for Department personnel operating at such location.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 75 1 (b) REPORT.—Not later than 180 days after the date 2 on which the Biometric Identification Transnational Mi3 gration Alert Program (BITMAP) is established under 4 section 447 of the Homeland Security Act of 2002 (as 5 added by subsection (a) of this section) and annually 6 thereafter for the following five years, the Secretary of 7 Homeland Security shall submit to the Committee on 8 Homeland Security of the House of Representatives and 9 the Committee on Homeland Security and Governmental 10 Affairs of the Senate a report that details the effectiveness 11 of BITMAP operations in enhancing national security, 12 border security, and public safety. 13 (c) CLERICAL AMENDMENT.—The table of contents 14 in section 1(b) of the Homeland Security Act of 2002 is 15 amended by inserting after the item relating to section 16 446 the following new item: ‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’. 17 Subtitle B—Personnel 18 SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PRO- 19 20 TECTION AGENTS AND OFFICERS. (a) BORDER PATROL AGENTS.—Not later than Sep- 21 tember 30, 2023, the Commissioner shall hire, train, and 22 assign sufficient agents to maintain an active duty pres23 ence of not fewer than 26,370 full-time equivalent agents. 24 (b) CBP OFFICERS.—In addition to positions author- 25 ized before the date of the enactment of this Act and any g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 76 1 existing officer vacancies within U.S. Customs and Border 2 Protection as of such date, the Commissioner shall hire, 3 train, and assign to duty, not later than September 30, 4 2023— 5 (1) sufficient U.S. Customs and Border Protec- 6 tion officers to maintain an active duty presence of 7 not fewer than 27,725 full-time equivalent officers; 8 and 9 (2) 350 full-time support staff distributed 10 among all United States ports of entry. 11 (c) AIR AND MARINE OPERATIONS.—Not later than 12 September 30, 2023, the Commissioner shall hire, train, 13 and assign sufficient agents for Air and Marine Oper14 ations of U.S. Customs and Border Protection to maintain 15 not fewer than 1,675 full-time equivalent agents and not 16 fewer than 264 Marine and Air Interdiction Agents for 17 southern border air and maritime operations. 18 (d) U.S. CUSTOMS AND BORDER PROTECTION K–9 19 UNITS AND HANDLERS.— 20 (1) K–9 later than September 30, 21 2023, the Commissioner shall deploy not fewer than 22 300 new K–9 units, with supporting officers of U.S. 23 Customs and Border Protection and other required 24 staff, at land ports of entry and checkpoints, on the 25 southern border and the northern border. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 UNITS.—Not 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 77 1 (2) USE OF CANINES.—The Commissioner shall 2 prioritize the use of canines at the primary inspec- 3 tion lanes at land ports of entry and checkpoints. 4 (e) U.S. CUSTOMS BORDER PROTECTION AND 5 HORSEBACK UNITS.— 6 (1) INCREASE.—Not later than September 30, 7 2023, the Commissioner shall increase the number 8 of horseback units, with supporting officers of U.S. 9 Customs and Border Protection and other required 10 staff, by not fewer than 100 officers and 50 horses 11 for security patrol along the Southern border. 12 (2) HORSEBACK UNIT SUPPORT.—The Commis- 13 sioner shall construct new stables, maintain and im- 14 prove existing stables, and provide other resources 15 needed to maintain the health and well-being of the 16 horses that serve in the horseback units of U.S. Cus- 17 toms and Border Protection. 18 (f) U.S. CUSTOMS 19 SEARCH TRAUMA AND AND BORDER PROTECTION RESCUE TEAMS.—Not later than 20 September 30, 2023, the Commissioner shall increase by 21 not fewer than 50 the number of officers engaged in 22 search and rescue activities along the southern border. 23 24 (g) U.S. CUSTOMS NEL DETECTION AND AND BORDER PROTECTION TUN- TECHNOLOGY PROGRAM.—Not 25 later than September 30, 2023, the Commissioner shall g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 78 1 increase by not fewer than 50 the number of officers as2 sisting task forces and activities related to deployment and 3 operation of border tunnel detection technology and appre4 hensions of individuals using such tunnels for crossing 5 into the United States, drug trafficking, or human smug6 gling. 7 (h) AGRICULTURAL SPECIALISTS.—Not later than 8 September 30, 2023, the Secretary shall hire, train, and 9 assign to duty, in addition to the officers and agents au10 thorized under subsections (a) through (g), 631 U.S. Cus11 toms and Border Protection agricultural specialists to 12 ports of entry along the southern border and the northern 13 border. 14 (i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 15 Not later than September 30, 2023, the Commissioner 16 shall hire, train, and assign sufficient Office of Profes17 sional Responsibility special agents to maintain an active 18 duty presence of not fewer than 550 full-time equivalent 19 special agents. 20 21 (j) U.S. CUSTOMS FICE OF AND BORDER PROTECTION OF- INTELLIGENCE.—Not later than September 30, 22 2023, the Commissioner shall hire, train, and assign suffi23 cient Office of Intelligence personnel to maintain not fewer 24 than 700 full-time equivalent employees. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 79 1 (k) GAO REPORT.—If the staffing levels required 2 under this section are not achieved by September 30, 3 2023, the Comptroller General of the United States shall 4 conduct a review of the reasons why such levels were not 5 achieved. 6 SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RE- 7 8 TENTION INCENTIVES. (a) IN GENERAL.—Chapter 97 of title 5, United 9 States Code, is amended by adding at the end the fol10 lowing: 11 ‘‘§ 9702. U.S. Customs and Border Protection tem12 13 porary employment authorities ‘‘(a) DEFINITIONS.—In this section— 14 ‘‘(1) the term ‘CBP employee’ means an em- 15 ployee of U.S. Customs and Border Protection de- 16 scribed under any of subsections (a) through (h) of 17 section 1131 of the Border Security for America Act 18 of 2018; 19 20 ‘‘(2) the term ‘Commissioner’ means the Commissioner of U.S. Customs and Border Protection; 21 22 ‘‘(3) the term ‘Director’ means the Director of the Office of Personnel Management; 23 24 ‘‘(4) the term ‘Secretary’ means the Secretary of Homeland Security; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 80 1 ‘‘(5) the term ‘appropriate congressional com- 2 mittees’ means the Committee on Oversight and 3 Government Reform, the Committee on Homeland 4 Security, and the Committee on Ways and Means of 5 the House of Representatives and the Committee on 6 Homeland Security and Governmental Affairs and 7 the Committee on Finance of the Senate. 8 ‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND 9 RELOCATION BONUSES; RETENTION BONUSES.— 10 ‘‘(1) STATEMENT 11 TION.—The 12 U.S. Customs and Border Protection to expedi- 13 tiously meet the hiring goals and staffing levels re- 14 quired by section 1131 of the Border Security for 15 America Act of 2018. The Secretary shall not use 16 this authority beyond meeting the requirements of 17 such section. 18 purpose of this subsection is to allow ‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 19 may appoint, without regard to any provision of sec- 20 tions 3309 through 3319, candidates to positions in 21 the competitive service as CBP employees if the Sec- 22 retary has given public notice for the positions. 23 ‘‘(3) RECRUITMENT AND RELOCATION BO- 24 NUSES.—The 25 relocation bonus of up to 50 percent of the annual g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF PURPOSE AND LIMITA- 13:04 Jun 14, 2018 Jkt 000000 Secretary may pay a recruitment or (697089 48) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 81 1 rate of basic pay to an individual CBP employee at 2 the beginning of the service period multiplied by the 3 number of years (including a fractional part of a 4 year) in the required service period to an individual 5 (other than an individual described in subsection 6 (a)(2) of section 5753) if— 7 ‘‘(A) the Secretary determines that condi- 8 tions consistent with the conditions described in 9 paragraphs (1) and (2) of subsection (b) of 10 such section 5753 are satisfied with respect to 11 the individual (without regard to the regula- 12 tions referenced in subsection (b)(2)(B(ii)(I) of 13 such section or to any other provision of that 14 section); and 15 ‘‘(B) the individual enters into a written 16 service agreement with the Secretary— 17 ‘‘(i) under which the individual is re- 18 quired to complete a period of employment 19 as a CBP employee of not less than 2 20 years; and 21 ‘‘(ii) that includes— 22 ‘‘(I) the commencement and ter- 23 mination dates of the required service 24 period (or provisions for the deter- 25 mination thereof); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 82 1 ‘‘(II) the amount of the bonus; 2 and 3 ‘‘(III) other terms and conditions 4 under which the bonus is payable, 5 subject to the requirements of this 6 subsection, including— 7 ‘‘(aa) the conditions under 8 which the agreement may be ter- 9 minated before the agreed-upon 10 service period has been com- 11 pleted; and 12 ‘‘(bb) the effect of a termi- 13 nation described in item (aa). 14 ‘‘(4) RETENTION Secretary 15 may pay a retention bonus of up to 50 percent of 16 basic pay to an individual CBP employee (other than 17 an individual described in subsection (a)(2) of sec- 18 tion 5754) if— 19 ‘‘(A) the Secretary determines that— 20 ‘‘(i) a condition consistent with the 21 condition described in subsection (b)(1) of 22 such section 5754 is satisfied with respect 23 to the CBP employee (without regard to 24 any other provision of that section); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 BONUSES.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 83 1 ‘‘(ii) in the absence of a retention 2 bonus, the CBP employee would be likely 3 to leave— 4 ‘‘(I) the Federal service; or 5 ‘‘(II) for a different position in 6 the Federal service, including a posi- 7 tion in another agency or component 8 of the Department of Homeland Secu- 9 rity; and 10 ‘‘(B) the individual enters into a written 11 service agreement with the Secretary— 12 ‘‘(i) under which the individual is re- 13 quired to complete a period of employment 14 as a CBP employee of not less than 2 15 years; and 16 ‘‘(ii) that includes— 17 ‘‘(I) the commencement and ter- 18 mination dates of the required service 19 period (or provisions for the deter- 20 mination thereof); 21 ‘‘(II) the amount of the bonus; 22 and 23 ‘‘(III) other terms and conditions 24 under which the bonus is payable, g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 84 1 subject to the requirements of this 2 subsection, including— 3 ‘‘(aa) the conditions under 4 which the agreement may be ter- 5 minated before the agreed-upon 6 service period has been com- 7 pleted; and 8 ‘‘(bb) the effect of a termi- 9 nation described in item (aa). 10 ‘‘(5) RULES 11 ‘‘(A) MAXIMUM 12 an employee under— BONUS.—A bonus paid to 13 ‘‘(i) paragraph (3) may not exceed 14 100 percent of the annual rate of basic pay 15 of the employee as of the commencement 16 date of the applicable service period; and 17 ‘‘(ii) paragraph (4) may not exceed 50 18 percent of the annual rate of basic pay of 19 the employee. 20 ‘‘(B) RELATIONSHIP TO BASIC PAY.—A 21 bonus paid to an employee under paragraph (3) 22 or (4) shall not be considered part of the basic 23 pay of the employee for any purpose, including 24 for retirement or in computing a lump-sum pay- 25 ment to the covered employee for accumulated g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FOR BONUSES.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 85 1 and accrued annual leave under section 5551 or 2 section 5552. 3 ‘‘(C) PERIOD 4 MENT, 5 NUSES.— OF SERVICE FOR RECRUIT- RELOCATION, AND RETENTION BO- 6 ‘‘(i) A bonus paid to an employee 7 under paragraph (4) may not be based on 8 any period of such service which is the 9 basis for a recruitment or relocation bonus 10 under paragraph (3). 11 ‘‘(ii) A bonus paid to an employee 12 under paragraph (3) or (4) may not be 13 based on any period of service which is the 14 basis for a recruitment or relocation bonus 15 under section 5753 or a retention bonus 16 under section 5754. 17 ‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir- 18 cumstances described in subsection (b) of section 5305, 19 the Director may establish special rates of pay in accord20 ance with that section to assist the Secretary in meeting 21 the requirements of section 1131 of the Border Security 22 for America Act of 2018. The Director shall prioritize the 23 consideration of requests from the Secretary for such spe24 cial rates of pay and issue a decision as soon as prac25 ticable. The Secretary shall provide such information to g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 86 1 the Director as the Director deems necessary to evaluate 2 special rates of pay under this subsection. 3 ‘‘(d) OPM OVERSIGHT.— 4 ‘‘(1) Not later than September 30 of each year, 5 the Secretary shall provide a report to the Director 6 on U.S. Custom and Border Protection’s use of au- 7 thorities provided under subsections (b) and (c). In 8 each report, the Secretary shall provide such infor- 9 mation as the Director determines is appropriate to 10 ensure appropriate use of authorities under such 11 subsections. Each report shall also include an assess- 12 ment of— 13 ‘‘(A) the impact of the use of authorities 14 under subsections (b) and (c) on implementa- 15 tion of section 1131 of the Border Security for 16 America Act of 2018; 17 ‘‘(B) solving hiring and retention chal- 18 lenges at the agency, including at specific loca- 19 tions; 20 ‘‘(C) whether hiring and retention chal- 21 lenges still exist at the agency or specific loca- 22 tions; and 23 ‘‘(D) whether the Secretary needs to con- 24 tinue to use authorities provided under this sec- 25 tion at the agency or at specific locations. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 87 1 ‘‘(2) CONSIDERATION.—In compiling a report 2 under paragraph (1), the Secretary shall consider— 3 ‘‘(A) whether any CBP employee accepted 4 an employment incentive under subsection (b) 5 and (c) and then transferred to a new location 6 or left U.S. Customs and Border Protection; 7 and 8 ‘‘(B) the length of time that each employee 9 identified under subparagraph (A) stayed at the 10 original location before transferring to a new lo- 11 cation or leaving U.S. Customs and Border 12 Protection. 13 ‘‘(3) DISTRIBUTION.—In addition to the Direc- 14 tor, the Secretary shall submit each report required 15 under this subsection to the appropriate congres- 16 sional committees. 17 ‘‘(e) OPM ACTION.—If the Director determines the 18 Secretary has inappropriately used authorities under sub19 section (b) or a special rate of pay provided under sub20 section (c), the Director shall notify the Secretary and the 21 appropriate congressional committees in writing. Upon re22 ceipt of the notification, the Secretary may not make any 23 new appointments or issue any new bonuses under sub24 section (b), nor provide CBP employees with further spe25 cial rates of pay, until the Director has provided the Sec- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 88 1 retary and the appropriate congressional committees a 2 written notice stating the Director is satisfied safeguards 3 are in place to prevent further inappropriate use. 4 ‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 5 ‘‘(1) EDUCATION 6 Not later than 180 days after the date of the enact- 7 ment of this section, and in conjunction with the 8 Chief Human Capital Officer of the Department of 9 Homeland Security, the Secretary shall develop and 10 implement a strategy to improve the education re- 11 garding hiring and human resources flexibilities (in- 12 cluding hiring and human resources flexibilities for 13 locations in rural or remote areas) for all employees, 14 serving in agency headquarters or field offices, who 15 are involved in the recruitment, hiring, assessment, 16 or selection of candidates for locations in a rural or 17 remote area, as well as the retention of current em- 18 ployees. 19 20 ‘‘(2) ELEMENTS.—Elements of the strategy under paragraph (1) shall include the following: 21 ‘‘(A) Developing or updating training and 22 educational materials on hiring and human re- 23 sources flexibilities for employees who are in- 24 volved in the recruitment, hiring, assessment, or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF CBP HIRING OFFICIALS.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 89 1 selection of candidates, as well as the retention 2 of current employees. 3 ‘‘(B) Regular training sessions for per- 4 sonnel who are critical to filling open positions 5 in rural or remote areas. 6 ‘‘(C) The development of pilot programs or 7 other programs, as appropriate, consistent with 8 authorities provided to the Secretary to address 9 identified hiring challenges, including in rural 10 or remote areas. 11 ‘‘(D) Developing and enhancing strategic 12 recruiting efforts through the relationships with 13 institutions of higher education, as defined in 14 section 102 of the Higher Education Act of 15 1965 (20 U.S.C. 1002), veterans transition and 16 employment centers, and job placement pro- 17 gram in regions that could assist in filling posi- 18 tions in rural or remote areas. 19 ‘‘(E) Examination of existing agency pro- 20 grams on how to most effectively aid spouses 21 and families of individuals who are candidates 22 or new hires in a rural or remote area. 23 ‘‘(F) Feedback from individuals who are 24 candidates or new hires at locations in a rural 25 or remote area, including feedback on the qual- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 90 1 ity of life in rural or remote areas for new hires 2 and their families. 3 ‘‘(G) Feedback from CBP employees, other 4 than new hires, who are stationed at locations 5 in a rural or remote area, including feedback on 6 the quality of life in rural or remote areas for 7 those CBP employees and their families. 8 ‘‘(H) Evaluation of Department of Home- 9 land Security internship programs and the use- 10 fulness of those programs in improving hiring 11 by the Secretary in rural or remote areas. 12 ‘‘(3) EVALUATION.— 13 ‘‘(A) IN 14 retary shall— year, the Sec- 15 ‘‘(i) evaluate the extent to which the 16 strategy developed and implemented under 17 paragraph (1) has improved the hiring and 18 retention ability of the Secretary; and 19 ‘‘(ii) make any appropriate updates to 20 the strategy under paragraph (1). 21 ‘‘(B) INFORMATION.—The evaluation con- 22 ducted under subparagraph (A) shall include— 23 ‘‘(i) any reduction in the time taken 24 by the Secretary to fill mission-critical po- 25 sitions, including in rural or remote areas; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Each 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 91 1 ‘‘(ii) a general assessment of the im- 2 pact of the strategy implemented under 3 paragraph (1) on hiring challenges, includ- 4 ing in rural or remote areas; and 5 ‘‘(iii) other information the Secretary 6 7 determines relevant. ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 8 two years after the date of the enactment of this section, 9 the Inspector General of the Department of Homeland Se10 curity shall review the use of hiring and pay flexibilities 11 under subsections (b) and (c) to determine whether the 12 use of such flexibilities is helping the Secretary meet hir13 ing and retention needs, including in rural and remote 14 areas. 15 ‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec- 16 retary shall report to the appropriate congressional com17 mittees on the number of requests the Secretary receives 18 from any other Federal agency for the file of an applicant 19 for a position in U.S. Customs and Border Protection that 20 includes the results of a polygraph examination. 21 ‘‘(i) EXERCISE OF AUTHORITY.— 22 ‘‘(1) SOLE exercise of au- 23 thority under subsection (b) shall be subject to the 24 sole and exclusive discretion of the Secretary (or the 25 Commissioner, as applicable under paragraph (2) of g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DISCRETION.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 92 1 this subsection), notwithstanding chapter 71 and 2 any collective bargaining agreement. 3 ‘‘(2) DELEGATION.—The Secretary may dele- 4 gate any authority under this section to the Com- 5 missioner. 6 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec- 7 tion shall be construed to exempt the Secretary or the Di8 rector from applicability of the merit system principles 9 under section 2301. 10 ‘‘(k) SUNSET.—The authorities under subsections (b) 11 and (c) shall terminate on September 30, 2023. Any bonus 12 to be paid pursuant to subsection (b) that is approved be13 fore such date may continue until such bonus has been 14 paid, subject to the conditions specified in this section.’’. 15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 16 The table of sections for chapter 97 of title 5, United 17 States Code, is amended by adding at the end the fol18 lowing: ‘‘9702. U.S. Customs and Border Protection temporary employment authorities.’’. 19 SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION 20 21 ACT. (a) SHORT TITLE.—This section may be cited as the 22 ‘‘Anti-Border Corruption Reauthorization Act of 2018’’. 23 (b) HIRING FLEXIBILITY.—Section 3 of the Anti- 24 Border Corruption Act of 2010 (6 U.S.C. 221) is amended g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 93 1 by striking subsection (b) and inserting the following new 2 subsections: 3 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 4 U.S. Customs and Border Protection may waive the appli5 cation of subsection (a)(1)— 6 ‘‘(1) to a current, full-time law enforcement of- 7 ficer employed by a State or local law enforcement 8 agency who— 9 ‘‘(A) has continuously served as a law en- 10 forcement officer for not fewer than three 11 years; 12 ‘‘(B) is authorized by law to engage in or 13 supervise the prevention, detection, investiga- 14 tion, or prosecution of, or the incarceration of 15 any person for, any violation of law, and has 16 statutory powers for arrest or apprehension; 17 ‘‘(C) is not currently under investigation, 18 has not been found to have engaged in criminal 19 activity or serious misconduct, has not resigned 20 from a law enforcement officer position under 21 investigation or in lieu of termination, and has 22 not been dismissed from a law enforcement offi- 23 cer position; and 24 ‘‘(D) has, within the past ten years, suc- 25 cessfully completed a polygraph examination as g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 94 1 a condition of employment with such officer’s 2 current law enforcement agency; 3 ‘‘(2) to a current, full-time Federal law enforce- 4 ment officer who— 5 ‘‘(A) has continuously served as a law en- 6 forcement officer for not fewer than three 7 years; 8 ‘‘(B) is authorized to make arrests, con- 9 duct investigations, conduct searches, make sei- 10 zures, carry firearms, and serve orders, war- 11 rants, and other processes; 12 ‘‘(C) is not currently under investigation, 13 has not been found to have engaged in criminal 14 activity or serious misconduct, has not resigned 15 from a law enforcement officer position under 16 investigation or in lieu of termination, and has 17 not been dismissed from a law enforcement offi- 18 cer position; and 19 ‘‘(D) holds a current Tier 4 background 20 investigation or current Tier 5 background in- 21 vestigation; and 22 ‘‘(3) to a member of the Armed Forces (or a re- 23 serve component thereof) or a veteran, if such indi- 24 vidual— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 95 1 ‘‘(A) has served in the Armed Forces for 2 not fewer than three years; 3 ‘‘(B) holds, or has held within the past five 4 years, a Secret, Top Secret, or Top Secret/Sen- 5 sitive Compartmented Information clearance; 6 ‘‘(C) holds, or has undergone within the 7 past five years, a current Tier 4 background in- 8 vestigation or current Tier 5 background inves- 9 tigation; 10 ‘‘(D) received, or is eligible to receive, an 11 honorable discharge from service in the Armed 12 Forces and has not engaged in criminal activity 13 or committed a serious military or civil offense 14 under the Uniform Code of Military Justice; 15 and 16 ‘‘(E) was not granted any waivers to ob- 17 tain the clearance referred to subparagraph 18 (B). 19 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 20 authority to issue a waiver under subsection (b) shall ter21 minate on the date that is four years after the date of 22 the enactment of the Border Security for America Act of 23 2018.’’. 24 (c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 25 DEFINITIONS.— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 96 1 (1) SUPPLEMENTAL COMMISSIONER AUTHOR- 2 ITY.—Section 3 of 2010 is amended to read as follows: 4 5 4 of the Anti-Border Corruption Act ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. ‘‘(a) NON-EXEMPTION.—An individual who receives a 6 waiver under section 3(b) is not exempt from other hiring 7 requirements relating to suitability for employment and 8 eligibility to hold a national security designated position, 9 as determined by the Commissioner of U.S. Customs and 10 Border Protection. 11 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi- 12 vidual who receives a waiver under section 3(b) who holds 13 a current Tier 4 background investigation shall be subject 14 to a Tier 5 background investigation. 15 16 ‘‘(c) ADMINISTRATION TION.—The OF POLYGRAPH EXAMINA- Commissioner of U.S. Customs and Border 17 Protection is authorized to administer a polygraph exam18 ination to an applicant or employee who is eligible for or 19 receives a waiver under section 3(b) if information is dis20 covered before the completion of a background investiga21 tion that results in a determination that a polygraph ex22 amination is necessary to make a final determination re23 garding suitability for employment or continued employ24 ment, as the case may be.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 97 1 (2) REPORT.—The Anti-Border Corruption Act 2 of 2010, as amended by paragraph (1), is further 3 amended by adding at the end the following new sec- 4 tion: 5 6 ‘‘SEC. 5. REPORTING. ‘‘(a) ANNUAL REPORT.—Not later than one year 7 after the date of the enactment of this section and annu8 ally thereafter while the waiver authority under section 9 3(b) is in effect, the Commissioner of U.S. Customs and 10 Border Protection shall submit to Congress a report that 11 includes, with respect to each such reporting period— 12 13 ‘‘(1) the number of waivers requested, granted, and denied under section 3(b); 14 ‘‘(2) the reasons for any denials of such waiver; 15 ‘‘(3) the percentage of applicants who were 16 hired after receiving a waiver; 17 ‘‘(4) the number of instances that a polygraph 18 was administered to an applicant who initially re- 19 ceived a waiver and the results of such polygraph; 20 ‘‘(5) an assessment of the current impact of the 21 polygraph waiver program on filling law enforcement 22 positions at U.S. Customs and Border Protection; 23 and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 98 1 ‘‘(6) additional authorities needed by U.S. Cus- 2 toms and Border Protection to better utilize the 3 polygraph waiver program for its intended goals. 4 ‘‘(b) ADDITIONAL INFORMATION.—The first report 5 submitted under subsection (a) shall include— 6 ‘‘(1) an analysis of other methods of employ- 7 ment suitability tests that detect deception and could 8 be used in conjunction with traditional background 9 investigations to evaluate potential employees for 10 suitability; and 11 ‘‘(2) a recommendation regarding whether a 12 test referred to in paragraph (1) should be adopted 13 by U.S. Customs and Border Protection when the 14 polygraph examination requirement is waived pursu- 15 ant to section 3(b).’’. 16 (3) DEFINITIONS.—The Anti-Border Corrup- 17 tion Act of 2010, as amended by paragraphs (1) and 18 (2), is further amended by adding at the end the fol- 19 lowing new section: 20 ‘‘SEC. 6. DEFINITIONS. 21 ‘‘In this Act: 22 ‘‘(1) FEDERAL 23 The term ‘Federal law enforcement officer’ means a 24 ‘law enforcement officer’ defined in section 8331(20) 25 or 8401(17) of title 5, United States Code. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 LAW ENFORCEMENT OFFICER.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 99 1 MILITARY OR CIVIL OFFENSE.— ‘‘(2) SERIOUS 2 The term ‘serious military or civil offense’ means an 3 offense for which— 4 ‘‘(A) a member of the Armed Forces may 5 be discharged or separated from service in the 6 Armed Forces; and 7 ‘‘(B) a punitive discharge is, or would be, 8 authorized for the same or a closely related of- 9 fense under the Manual for Court-Martial, as 10 pursuant to Army Regulation 635–200 chapter 11 14–12. 12 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 13 ‘Tier 5’ with respect to background investigations 14 have the meaning given such terms under the 2012 15 Federal Investigative Standards. 16 ‘‘(4) VETERAN.—The term ‘veteran’ has the 17 meaning given such term in section 101(2) of title 18 38, United States Code.’’. 19 (d) POLYGRAPH EXAMINERS.—Not later than Sep- 20 tember 30, 2022, the Secretary shall increase to not fewer 21 than 150 the number of trained full-time equivalent poly22 graph examiners for administering polygraphs under the 23 Anti-Border Corruption Act of 2010, as amended by this 24 subtitle. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 100 1 SEC. 1134. TRAINING FOR OFFICERS AND AGENTS OF U.S. 2 CUSTOMS AND BORDER PROTECTION. 3 (a) IN GENERAL.—Subsection (l) of section 411 of 4 the Homeland Security Act of 2002 (6 U.S.C. 211) is 5 amended to read as follows: 6 ‘‘(l) TRAINING AND CONTINUING EDUCATION.— 7 ‘‘(1) MANDATORY Commis- 8 sioner shall ensure that every agent and officer of 9 U.S. Customs and Border Protection receives a min- 10 imum of 21 weeks of training that are directly re- 11 lated to the mission of the U.S. Border Patrol, Air 12 and Marine, and the Office of Field Operations be- 13 fore the initial assignment of such agents and offi- 14 cers. 15 ‘‘(2) FLETC.—The Commissioner shall work 16 in consultation with the Director of the Federal Law 17 Enforcement Training Centers to establish guide- 18 lines and curriculum for the training of agents and 19 officers of U.S. Customs and Border Protection 20 under subsection (a). 21 ‘‘(3) CONTINUING EDUCATION.—The Commis- 22 sioner shall annually require all agents and officers 23 of U.S. Customs and Border Protection who are re- 24 quired to undergo training under subsection (a) to 25 participate in not fewer than eight hours of con- 26 tinuing education annually to maintain and update g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TRAINING.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 101 1 understanding of Federal legal rulings, court deci- 2 sions, and Department policies, procedures, and 3 guidelines related to relevant subject matters. 4 ‘‘(4) LEADERSHIP TRAINING.—Not later than 5 one year after the date of the enactment of this sub- 6 section, the Commissioner shall develop and require 7 training courses geared towards the development of 8 leadership skills for mid- and senior-level career em- 9 ployees not later than one year after such employees 10 assume duties in supervisory roles.’’. 11 (b) REPORT.—Not later than 180 days after the date 12 of the enactment of this Act, the Commissioner shall sub13 mit to the Committee on Homeland Security and the Com14 mittee on Ways and Means of the House of Representa15 tives and the Committee on Homeland Security and Gov16 ernmental Affairs and the Committee on Finance of the 17 Senate a report identifying the guidelines and curriculum 18 established to carry out subsection (l) of section 411 of 19 the Homeland Security Act of 2002, as amended by sub20 section (a) of this section. 21 (c) ASSESSMENT.—Not later than four years after 22 the date of the enactment of this Act, the Comptroller 23 General of the United States shall submit to the Com24 mittee on Homeland Security and the Committee on Ways 25 and Means of the House of Representatives and the Com- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 102 1 mittee on Homeland Security and Governmental Affairs 2 and the Committee on Finance of the Senate a report that 3 assesses the training and education, including continuing 4 education, required under subsection (l) of section 411 of 5 the Homeland Security Act of 2002, as amended by sub6 section (a) of this section. Subtitle C—Grants 7 8 SEC. 1141. OPERATION STONEGARDEN. 9 (a) IN GENERAL.—Subtitle A of title XX of the 10 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 11 is amended by adding at the end the following new section: 12 ‘‘SEC. 2009. OPERATION STONEGARDEN. 13 ‘‘(a) ESTABLISHMENT.—There is established in the 14 Department a program to be known as ‘Operation 15 Stonegarden’, under which the Secretary, acting through 16 the Administrator, shall make grants to eligible law en17 forcement agencies, through the State administrative 18 agency, to enhance border security in accordance with this 19 section. 20 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re- 21 ceive a grant under this section, a law enforcement agen22 cy— 23 ‘‘(1) shall be located in— 24 ‘‘(A) a State bordering Canada or Mexico; 25 or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 103 1 ‘‘(B) a State or territory with a maritime 2 border; and 3 ‘‘(2) shall be involved in an active, ongoing, 4 U.S. Customs and Border Protection operation co- 5 ordinated through a U.S. Border Patrol sector of- 6 fice. 7 ‘‘(c) PERMITTED USES.—The recipient of a grant 8 under this section may use such grant for— 9 10 ‘‘(1) equipment, including maintenance and sustainment costs; 11 ‘‘(2) personnel, including overtime and backfill, 12 in support of enhanced border law enforcement ac- 13 tivities; 14 ‘‘(3) any activity permitted for Operation 15 Stonegarden under the Department of Homeland 16 Security’s Fiscal Year 2018 Homeland Security 17 Grant Program Notice of Funding Opportunity; and 18 ‘‘(4) any other appropriate activity, as deter- 19 mined by the Administrator, in consultation with the 20 Commissioner of U.S. Customs and Border Protec- 21 tion. 22 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 23 shall award grants under this section to grant recipients 24 for a period of not less than 36 months. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 104 1 ‘‘(e) REPORT.—For each of fiscal years 2019 through 2 2023, the Administrator shall submit to the Committee 3 on Homeland Security and Governmental Affairs of the 4 Senate and the Committee on Homeland Security of the 5 House of Representatives a report that contains informa6 tion on the expenditure of grants made under this section 7 by each grant recipient. 8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 9 is authorized to be appropriated $110,000,000 for each 10 of fiscal years 2019 through 2023 for grants under this 11 section.’’. 12 (b) CONFORMING AMENDMENT.—Subsection (a) of 13 section 2002 of the Homeland Security Act of 2002 (6 14 U.S.C. 603) is amended to read as follows: 15 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 16 the Administrator, may award grants under sections 2003, 17 2004, and 2009 to State, local, and tribal governments, 18 as appropriate.’’. 19 (c) CLERICAL AMENDMENT.—The table of contents 20 in section 1(b) of the Homeland Security Act of 2002 is 21 amended by inserting after the item relating to section 22 2008 the following: ‘‘Sec. 2009. Operation Stonegarden.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00104 Fmt 6652 Sfmt 6211 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 105 3 TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING 4 SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE. 5 (a) ADDITIONAL PORTS OF ENTRY.— 1 2 6 (1) AUTHORITY.—The Administrator of Gen- 7 eral Services may, subject to section 3307 of title 8 40, United States Code, construct new ports of entry 9 along the northern border and southern border at lo- 10 cations determined by the Secretary. 11 (2) CONSULTATION.— 12 (A) REQUIREMENT CONSULT.—The 13 Secretary and the Administrator of General 14 Services shall consult with the Secretary of 15 State, the Secretary of the Interior, the Sec- 16 retary of Agriculture, the Secretary of Trans- 17 portation, and appropriate representatives of 18 State and local governments, and Indian tribes, 19 and property owners in the United States prior 20 to determining a location for any new port of 21 entry constructed pursuant to paragraph (1). 22 (B) CONSIDERATIONS.—The purpose of 23 the consultations required by subparagraph (A) 24 shall be to minimize any negative impacts of 25 constructing a new port of entry on the environ- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TO 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 106 1 ment, culture, commerce, and quality of life of 2 the communities and residents located near 3 such new port. 4 5 (b) EXPANSION ORITY AND MODERNIZATION SOUTHERN BORDER PORTS OF OF HIGH-PRI- ENTRY.—Not later 6 than September 30, 2023, the Administrator of General 7 Services, subject to section 3307 of title 40, United States 8 Code, and in coordination with the Secretary, shall expand 9 or modernize high-priority ports of entry on the southern 10 border, as determined by the Secretary, for the purposes 11 of reducing wait times and enhancing security. 12 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con- 13 structing any new ports of entry pursuant to subsection 14 (a), the Administrator of General Services shall complete 15 the expansion and modernization of ports of entry pursu16 ant to subsection (b) to the extent practicable. 17 (d) NOTIFICATIONS.— 18 (1) RELATING 19 later than 15 days after determining the location of 20 any new port of entry for construction pursuant to 21 subsection (a), the Secretary and the Administrator 22 of General Services shall jointly notify the Members 23 of Congress who represent the State or congressional 24 district in which such new port of entry will be lo- 25 cated, as well as the Committee on Homeland Secu- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TO NEW PORTS OF ENTRY.—Not 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 107 1 rity and Governmental Affairs, the Committee on 2 Finance, the Committee on Commerce, Science, and 3 Transportation, and the Committee on the Judiciary 4 of the Senate, and the Committee on Homeland Se- 5 curity, the Committee on Ways and Means, the 6 Committee on Transportation and Infrastructure, 7 and the Committee on the Judiciary of the House of 8 Representatives. Such notification shall include in- 9 formation relating to the location of such new port 10 of entry, a description of the need for such new port 11 of entry and associated anticipated benefits, a de- 12 scription of the consultations undertaken by the Sec- 13 retary and the Administrator pursuant to paragraph 14 (2) of such subsection, any actions that will be taken 15 to minimize negative impacts of such new port of 16 entry, and the anticipated time-line for construction 17 and completion of such new port of entry. 18 (2) RELATING 19 TION OF PORTS OF ENTRY.—Not 20 days after enactment of this Act, the Secretary and 21 the Administrator of General Services shall jointly 22 notify the Committee on Homeland Security and 23 Governmental Affairs, the Committee on Finance, 24 the Committee on Commerce, Science, and Trans- 25 portation, and the Committee on the Judiciary of g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TO EXPANSION AND MODERNIZA- 13:04 Jun 14, 2018 Jkt 000000 later than 180 (697089 48) PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 108 1 the Senate, and the Committee on Homeland Secu- 2 rity, the Committee on Ways and Means, the Com- 3 mittee on Transportation and Infrastructure, and 4 the Committee on the Judiciary of the House of 5 Representatives of the ports of entry on the south- 6 ern border that are the subject of expansion or mod- 7 ernization pursuant to subsection (b) and the Sec- 8 retary’s and Administrator’s plan for expanding or 9 modernizing each such port of entry. 10 (e) SAVINGS PROVISION.—Nothing in this section 11 may be construed to— 12 (1) create or negate any right of action for a 13 State, local government, or other person or entity af- 14 fected by this section; 15 (2) delay the transfer of the possession of prop- 16 erty to the United States or affect the validity of 17 any property acquisitions by purchase or eminent 18 domain, or to otherwise affect the eminent domain 19 laws of the United States or of any State; or 20 21 (3) create any right or liability for any party. (e) RULE OF CONSTRUCTION.—Nothing in this sec- 22 tion may be construed as providing the Secretary new au23 thority related to the construction, acquisition, or renova24 tion of real property. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 109 1 2 SEC. 2102. SECURE COMMUNICATIONS. (a) IN GENERAL.—The Secretary shall ensure that 3 each U.S. Customs and Border Protection and U.S. Immi4 gration and Customs Enforcement officer or agent, if ap5 propriate, is equipped with a secure radio or other two6 way communication device, supported by system interoper7 ability, that allows each such officer to communicate— 8 9 (1) between ports of entry and inspection stations; and 10 (2) with other Federal, State, tribal, and local 11 law enforcement entities. 12 (b) U.S. BORDER PATROL AGENTS.—The Secretary 13 shall ensure that each U.S. Border Patrol agent or officer 14 assigned or required to patrol on foot, by horseback, or 15 with a canine unit, in remote mission critical locations, 16 and at border checkpoints, has a multi- or dual-band 17 encrypted portable radio. 18 (c) LTE CAPABILITY.—In carrying out subsection 19 (b), the Secretary shall acquire radios or other devices 20 with the option to be LTE-capable for deployment in areas 21 where LTE enhances operations and is cost effective. 22 23 SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM. (a) EXPANSION.—Not later than September 30, 24 2023, the Secretary shall fully implement the Border Se25 curity Deployment Program of the U.S. Customs and Bor26 der Protection and expand the integrated surveillance and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 110 1 intrusion detection system at land ports of entry along the 2 southern border and the northern border. 3 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi- 4 tion to amounts otherwise authorized to be appropriated 5 for such purpose, there is authorized to be appropriated 6 $33,000,000 for fiscal years 2019 through 2023 to carry 7 out subsection (a). 8 SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READ- 9 10 ERS AT PORTS OF ENTRY. (a) UPGRADE.—Not later than two years after the 11 date of the enactment of this Act, the Commissioner shall 12 upgrade all existing license plate readers in need of up13 grade, as determined by the Commissioner, on the north14 ern and southern borders on incoming and outgoing vehi15 cle lanes. 16 (b) PILOT PROGRAM.—Not later than 90 days after 17 the date of the enactment of this Act, the Commissioner 18 shall conduct a one-month pilot program on the southern 19 border using license plate readers for one to two cargo 20 lanes at the top three high-volume land ports of entry or 21 checkpoints to determine their effectiveness in reducing 22 cross-border wait times for commercial traffic and tractor23 trailers. 24 (c) REPORT.—Not later than 180 days after the date 25 of the enactment of this Act, the Secretary shall report g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 111 1 to the Committee on Homeland Security and Govern2 mental Affairs, the Committee on the Judiciary, and the 3 Committee on Finance of the Senate, and the Committee 4 on Homeland Security, and Committee on the Judiciary, 5 and the Committee on Ways and Means of the House of 6 Representatives the results of the pilot program under 7 subsection (b) and make recommendations for imple8 menting use of such technology on the southern border. 9 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi- 10 tion to amounts otherwise authorized to be appropriated 11 for such purpose, there is authorized to be appropriated 12 $125,000,000 for fiscal years 2019 through 2020 to carry 13 out subsection (a). 14 SEC. 2105. NON-INTRUSIVE 15 16 INSPECTION OPERATIONAL DEMONSTRATION. (a) IN GENERAL.—Not later than six months after 17 the date of the enactment of this Act, the Commissioner 18 shall establish a six-month operational demonstration to 19 deploy a high-throughput non-intrusive passenger vehicle 20 inspection system at not fewer than three land ports of 21 entry along the United States-Mexico border with signifi22 cant cross-border traffic. Such demonstration shall be lo23 cated within the pre-primary traffic flow and should be 24 scalable to span up to 26 contiguous in-bound traffic lanes 25 without re-configuration of existing lanes. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 112 1 (b) REPORT.—Not later than 90 days after the con- 2 clusion of the operational demonstration under subsection 3 (a), the Commissioner shall submit to the Committee on 4 Homeland Security and the Committee on Ways and 5 Means of the House of Representatives and the Committee 6 on Homeland Security and Governmental Affairs and the 7 Committee on Finance of the Senate a report that de8 scribes the following: 9 10 (1) The effects of such demonstration on legitimate travel and trade. 11 (2) The effects of such demonstration on wait 12 times, including processing times, for non-pedestrian 13 traffic. 14 (3) The effectiveness of such demonstration in 15 combating terrorism and smuggling. 16 SEC. 2106. BIOMETRIC EXIT DATA SYSTEM. 17 (a) IN GENERAL.—Subtitle B of title IV of the 18 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 19 is amended by inserting after section 415 the following 20 new section: 21 22 ‘‘SEC. 416. BIOMETRIC ENTRY-EXIT. ‘‘(a) ESTABLISHMENT.—The Secretary shall— 23 ‘‘(1) not later than 180 days after the date of 24 the enactment of this section, submit to the Com- 25 mittee on Homeland Security and Governmental Af- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 113 1 fairs and the Committee on the Judiciary of the 2 Senate and the Committee on Homeland Security 3 and the Committee on the Judiciary of the House of 4 Representatives an implementation plan to establish 5 a biometric exit data system to complete the inte- 6 grated biometric entry and exit data system required 7 under section 7208 of the Intelligence Reform and 8 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 9 including— 10 ‘‘(A) an integrated master schedule and 11 cost estimate, including requirements and de- 12 sign, development, operational, and mainte- 13 nance costs of such a system, that takes into 14 account prior reports on such matters issued by 15 the Government Accountability Office and the 16 Department; 17 ‘‘(B) cost-effective staffing and personnel 18 requirements of such a system that leverages 19 existing resources of the Department that takes 20 into account prior reports on such matters 21 issued by the Government Accountability Office 22 and the Department; 23 ‘‘(C) a consideration of training programs 24 necessary to establish such a system that takes 25 into account prior reports on such matters g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 114 1 issued by the Government Accountability Office 2 and the Department; 3 ‘‘(D) a consideration of how such a system 4 will affect arrival and departure wait times that 5 takes into account prior reports on such matter 6 issued by the Government Accountability Office 7 and the Department; 8 ‘‘(E) information received after consulta- 9 tion with private sector stakeholders, including 10 the— 11 ‘‘(i) trucking industry; 12 ‘‘(ii) airport industry; 13 ‘‘(iii) airline industry; 14 ‘‘(iv) seaport industry; 15 ‘‘(v) travel industry; and 16 ‘‘(vi) biometric technology industry; 17 ‘‘(F) a consideration of how trusted trav- 18 eler programs in existence as of the date of the 19 enactment of this section may be impacted by, 20 or incorporated into, such a system; 21 ‘‘(G) defined metrics of success and mile- 22 stones; 23 ‘‘(H) identified risks and mitigation strate- 24 gies to address such risks; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 115 1 ‘‘(I) a consideration of how other countries 2 have implemented a biometric exit data system; 3 and 4 ‘‘(J) a list of statutory, regulatory, or ad- 5 ministrative authorities, if any, needed to inte- 6 grate such a system into the operations of the 7 Transportation Security Administration; and 8 ‘‘(2) not later than two years after the date of 9 the enactment of this section, establish a biometric 10 exit data system at the— 11 ‘‘(A) 15 United States airports that sup- 12 port the highest volume of international air 13 travel, as determined by available Federal flight 14 data; 15 ‘‘(B) 10 United States seaports that sup- 16 port the highest volume of international sea 17 travel, as determined by available Federal travel 18 data; and 19 ‘‘(C) 15 United States land ports of entry 20 that support the highest volume of vehicle, pe- 21 destrian, and cargo crossings, as determined by 22 available Federal border crossing data. 23 ‘‘(b) IMPLEMENTATION.— 24 25 ‘‘(1) PILOT ENTRY.—Not g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 PROGRAM AT LAND PORTS OF later than six months after the date of (697089 48) PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 116 1 the enactment of this section, the Secretary, in col- 2 laboration with industry stakeholders, shall establish 3 a six-month pilot program to test the biometric exit 4 data system referred to in subsection (a)(2) on non- 5 pedestrian outbound traffic at not fewer than three 6 land ports of entry with significant cross-border traf- 7 fic, including at not fewer than two land ports of 8 entry on the southern land border and at least one 9 land port of entry on the northern land border. Such 10 pilot program may include a consideration of more 11 than one biometric mode, and shall be implemented 12 to determine the following: 13 ‘‘(A) How a nationwide implementation of 14 such biometric exit data system at land ports of 15 entry shall be carried out. 16 ‘‘(B) The infrastructure required to carry 17 out subparagraph (A). 18 ‘‘(C) The effects of such pilot program on 19 legitimate travel and trade. 20 ‘‘(D) The effects of such pilot program on 21 wait times, including processing times, for such 22 non-pedestrian traffic. 23 ‘‘(E) The effects of such pilot program on 24 combating terrorism. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 117 1 ‘‘(F) The effects of such pilot program on 2 identifying visa holders who violate the terms of 3 their visas. 4 ‘‘(2) AT 5 ‘‘(A) IN GENERAL.—Not later than five 6 years after the date of the enactment of this 7 section, the Secretary shall expand the biomet- 8 ric exit data system referred to in subsection 9 (a)(2) to all land ports of entry. 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 and the Committee 15 on the Judiciary of the Senate and the Com- 16 mittee on Homeland Security and the Com- 17 mittee on the Judiciary of the House of Rep- 18 resentatives that the 15 land ports of entry that 19 support the highest volume of passenger vehi- 20 cles, as determined by available Federal data, 21 do not have the physical infrastructure or char- 22 acteristics to install the systems necessary to 23 implement a biometric exit data system. Such 24 extension shall apply only in the case of non-pe- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 LAND PORTS OF ENTRY.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 118 1 destrian outbound traffic at such land ports of 2 entry. 3 ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 4 later than five years after the date of the enactment 5 of this section, the Secretary shall expand the bio- 6 metric exit data system referred to in subsection 7 (a)(2) to all air and sea ports of entry. 8 ‘‘(c) EFFECTS 9 TATION.—The ON AIR, SEA, AND LAND TRANSPOR- Secretary, in consultation with appropriate 10 private sector stakeholders, shall ensure that the collection 11 of biometric data under this section causes the least pos12 sible disruption to the movement of people or cargo in air, 13 sea, or land transportation, while fulfilling the goals of im14 proving counterterrorism efforts and identifying visa hold15 ers who violate the terms of their visas. 16 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith- 17 standing any other provision of law, the Secretary shall, 18 on the date of the enactment of this section, terminate 19 the proceeding entitled ‘Collection of Alien Biometric Data 20 Upon Exit From the United States at Air and Sea Ports 21 of Departure; United States Visitor and Immigrant Status 22 Indicator Technology Program (‘‘US–VISIT’’)’, issued on 23 April 24, 2008 (73 Fed. Reg. 22065). 24 ‘‘(e) DATA-MATCHING.—The biometric exit data sys- 25 tem established under this section shall— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 119 1 ‘‘(1) match biometric information for an indi- 2 vidual, regardless of nationality, citizenship, or im- 3 migration status, who is departing the United States 4 against biometric data previously provided to the 5 United States Government by such individual for the 6 purposes of international travel; 7 ‘‘(2) leverage the infrastructure and databases 8 of the current biometric entry and exit system estab- 9 lished pursuant to section 7208 of the Intelligence 10 Reform and Terrorism Prevention Act of 2004 (8 11 U.S.C. 1365b) for the purpose described in para- 12 graph (1); and 13 14 ‘‘(3) be interoperable with, and allow matching against, other Federal databases that— 15 ‘‘(A) store biometrics of known or sus- 16 pected terrorists; and 17 ‘‘(B) identify visa holders who violate the 18 19 terms of their visas. ‘‘(f) SCOPE.— 20 ‘‘(1) IN biometric exit data 21 system established under this section shall include a 22 requirement for the collection of biometric exit data 23 at the time of departure for all categories of individ- 24 uals who are required by the Secretary to provide bi- 25 ometric entry data. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 120 1 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID- 2 UALS.—This 3 individual who exits and then enters the United 4 States on a passenger vessel (as such term is defined 5 in section 2101 of title 46, United States Code) the 6 itinerary of which originates and terminates in the 7 United States. 8 ‘‘(3) 9 ENTRY.—This section shall not apply in the case of an EXCEPTION FOR LAND PORTS OF section shall not apply in the case of 10 a United States or Canadian citizen who exits the 11 United States through a land port of entry. 12 ‘‘(g) COLLECTION OF DATA.—The Secretary may not 13 require any non-Federal person to collect biometric data, 14 or contribute to the costs of collecting or administering 15 the biometric exit data system established under this sec16 tion, except through a mutual agreement. 17 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 18 subsections (a)(1) and (b), the Secretary shall make every 19 effort to collect biometric data using multiple modes of 20 biometrics. 21 ‘‘(i) FACILITIES.—All facilities at which the biometric 22 exit data system established under this section is imple23 mented shall provide and maintain space for Federal use 24 that is adequate to support biometric data collection and 25 other inspection-related activity. For non-federally owned g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 121 1 facilities, such space shall be provided and maintained at 2 no cost to the Government. For all facilities at land ports 3 of entry, such space requirements shall be coordinated 4 with the Administrator of General Services. 5 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 6 northern land border, the requirements under subsections 7 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 8 the sharing of biometric data provided to the Department 9 by the Canadian Border Services Agency pursuant to the 10 2011 Beyond the Border agreement. 11 ‘‘(k) FULL AND OPEN COMPETITION.—The Sec- 12 retary shall procure goods and services to implement this 13 section via full and open competition in accordance with 14 the Federal Acquisition Regulations. 15 ‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 16 this section may be construed as limiting the authority of 17 the Secretary to collect biometric information in cir18 cumstances other than as specified in this section. 19 ‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 20 days after the date of the enactment of this section, the 21 Secretary shall submit to the Committee on Homeland Se22 curity and Governmental Affairs of the Senate, the Com23 mittee on the Judiciary of the Senate, the Committee on 24 Homeland Security of the House of Representatives, and 25 Committee on the Judiciary of the House of Representa- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 122 1 tives reports and recommendations regarding the Science 2 and Technology Directorate’s Air Entry and Exit Re-En3 gineering Program of the Department and the U.S. Cus4 toms and Border Protection entry and exit mobility pro5 gram demonstrations. 6 ‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall 7 prohibit the collection of user fees permitted by section 8 13031 of the Consolidated Omnibus Budget Reconciliation 9 Act of 1985 (19 U.S.C. 58c).’’. 10 (b) CLERICAL AMENDMENT.—The table of contents 11 in section 1(b) of the Homeland Security Act of 2002 is 12 amended by inserting after the item relating to section 13 415 the following new item: ‘‘Sec. 416. Biometric entry-exit.’’. 14 SEC. 2107. SENSE OF CONGRESS ON COOPERATION BE- 15 16 TWEEN AGENCIES. (a) FINDING.—Congress finds that personnel con- 17 straints exist at land ports of entry with regard to sanitary 18 and phytosanitary inspections for exported goods. 19 (b) SENSE OF CONGRESS.—It is the sense of Con- 20 gress that, in the best interest of cross-border trade and 21 the agricultural community— 22 (1) any lack of certified personnel for inspection 23 purposes at ports of entry should be addressed by 24 seeking cooperation between agencies and depart- 25 ments of the United States, whether in the form of g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 123 1 a memorandum of understanding or through a cer- 2 tification process, whereby additional existing agents 3 are authorized for additional hours to facilitate and 4 expedite the flow of legitimate trade and commerce 5 of perishable goods in a manner consistent with 6 rules of the Department of Agriculture; and 7 (2) cross designation should be available for 8 personnel who will assist more than one agency or 9 department of the United States at land ports of 10 entry to facilitate and expedite the flow of increased 11 legitimate trade and commerce. 12 13 SEC. 2108. DEFINITION. In this title, the term ‘‘Secretary’’ means the Sec- 14 retary of Homeland Security. 15 16 17 18 TITLE III—VISA SECURITY AND INTEGRITY SEC. 3101. VISA SECURITY. (a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 19 Paragraph (1) of section 428(e) of the Homeland Security 20 Act of 2002 (6 U.S.C. 236(e)) is amended— 21 22 (1) by striking ‘‘The Secretary’’ and inserting the following: 23 ‘‘(A) AUTHORIZATION.—Subject to the 24 minimum number specified in subparagraph 25 (B), the Secretary’’; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 124 1 2 (2) by adding at the end the following new subparagraph: 3 ‘‘(B) RISK-BASED 4 ‘‘(i) IN GENERAL.—In carrying out 5 subparagraph (A), the Secretary shall as- 6 sign employees of the Department to not 7 fewer than 75 diplomatic and consular 8 posts at which visas are issued. Such as- 9 signments shall be made— 10 ‘‘(I) in a risk-based manner; 11 ‘‘(II) considering the criteria de- 12 scribed in clause (iii); and 13 ‘‘(III) in accordance with Na- 14 tional Security Decision Directive 38 15 of June 2, 1982, or any superseding 16 presidential directive concerning staff- 17 ing at diplomatic and consular posts. 18 ‘‘(ii) PRIORITY CONSIDERATION.—In 19 carrying out National Security Decision 20 Directive 38 of June 2, 1982, the Sec- 21 retary of State shall ensure priority consid- 22 eration of any staffing assignment pursu- 23 ant to this subparagraph. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ASSIGNMENTS.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 125 1 ‘‘(iii) CRITERIA cri- 2 teria referred to in clause (i) are the fol- 3 lowing: 4 ‘‘(I) The number of nationals of 5 a country in which any of the diplo- 6 matic and consular posts referred to 7 in clause (i) are located who were 8 identified in United States Govern- 9 ment databases related to the identi- 10 ties of known or suspected terrorists 11 during the previous year. 12 ‘‘(II) Information on the coopera- 13 tion 14 counterterrorism efforts of the United 15 States. of such country with the 16 ‘‘(III) Information analyzing the 17 presence, activity, or movement of ter- 18 rorist organizations (as such term is 19 defined in section 212(a)(3)(B)(vi) of 20 the Immigration and Nationality Act 21 (8 U.S.C. 1182(a)(3)(B)(vi))) within 22 or through such country. 23 ‘‘(IV) The number of formal ob- 24 jections based on derogatory informa- 25 tion issued by the Visa Security Advi- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DESCRIBED.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 126 1 sory Opinion Unit pursuant to para- 2 graph (10) regarding nationals of a 3 country in which any of the diplomatic 4 and consular posts referred to in 5 clause (i) are located. 6 ‘‘(V) The adequacy of the border 7 and immigration control of such coun- 8 try. 9 ‘‘(VI) Any other criteria the Sec- 10 11 retary determines appropriate.’’. (b) COUNTERTERROR VETTING AND SCREENING.— 12 Paragraph (2) of section 428(e) of the Homeland Security 13 Act of 2002 is amended— 14 15 (1) by redesignating subparagraph (C) as subparagraph (D); and 16 17 (2) by inserting after subparagraph (B) the following new subparagraph: 18 ‘‘(C) Screen any such applications against 19 the appropriate criminal, national security, and 20 terrorism databases maintained by the Federal 21 Government.’’. 22 (c) TRAINING AND HIRING.—Subparagraph (A) of 23 section 428(e)(6) of the Homeland Security Act of 2002 24 is amended by— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 127 1 (1) striking ‘‘The Secretary shall ensure, to the 2 extent possible, that any employees’’ and inserting 3 ‘‘The Secretary, acting through the Commissioner of 4 U.S. Customs and Border Protection and the Direc- 5 tor of U.S. Immigration and Customs Enforcement, 6 shall provide training to any employees’’; and 7 (2) striking ‘‘shall be provided the necessary 8 training’’. 9 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE 10 VISA SECURITY ADVISORY OPINION UNIT.—Sub- AND 11 section (e) of section 428 of the Homeland Security Act 12 of 2002 is amended by adding at the end the following 13 new paragraphs: 14 ‘‘(9) REMOTE 15 RITY 16 which employees of the Department are not assigned 17 pursuant to paragraph (1), the Secretary shall, in a 18 risk-based manner, assign employees of the Depart- 19 ment to remotely perform the functions required 20 under paragraph (2) at not fewer than 50 of such 21 posts. 22 ASSISTANCE.—At ‘‘(10) VISA the visa-issuing posts at SECURITY ADVISORY OPINION 23 UNIT.—The 24 Immigration and Customs Enforcement a Visa Secu- 25 rity Advisory Opinion Unit to respond to requests g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 PRE-ADJUDICATED VISA SECU- 13:04 Jun 14, 2018 Jkt 000000 Secretary shall establish within U.S. (697089 48) PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 128 1 from the Secretary of State to conduct a visa secu- 2 rity review using information maintained by the De- 3 partment on visa applicants, including terrorism as- 4 sociation, criminal history, counter-proliferation, and 5 other relevant factors, as determined by the Sec- 6 retary.’’. 7 (e) DEADLINES.—The requirements established 8 under paragraphs (1) and (9) of section 428(e) of the 9 Homeland Security Act of 2002 (6 U.S.C. 236(e)), as 10 amended and added by this section, shall be implemented 11 not later than three years after the date of the enactment 12 of this Act. 13 (f) FUNDING.— 14 (1) ADDITIONAL 15 (A) IN GENERAL.—The Secretary of State, 16 in consultation with the Secretary of Homeland 17 Security, shall charge a fee in support of visa 18 security, to be deposited in the U.S. Immigra- 19 tion and Customs Enforcement account. Fees 20 imposed pursuant to this subsection shall be 21 available only to the extent provided in advance 22 by appropriations Acts. 23 (B) AMOUNT OF FEE.—The total amount 24 of the additional fee charged pursuant to this 25 subsection shall be equal to an amount suffi- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 VISA FEE.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 129 1 cient to cover the annual costs of the visa secu- 2 rity program established by the Secretary of 3 Homeland Security under section 428(e) of the 4 Homeland Security Act of 2002 (6 U.S.C. 5 236(e)), as amended by this section. 6 (2) USE OF FEES.—Amounts deposited in the 7 U.S. Immigration and Customs Enforcement ac- 8 count pursuant to paragraph (1) are authorized to 9 be appropriated to the Secretary of Homeland Secu- 10 rity for the funding of the visa security program re- 11 ferred to in such paragraph. 12 SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIO- 13 14 METRIC MATCHING. (a) IN GENERAL.—Subtitle B of title IV of the 15 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 16 as amended by section 2106 of this division, is further 17 amended by adding at the end the following new sections: 18 ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIO- 19 20 METRIC MATCHING. ‘‘(a) IN GENERAL.—Not later than one year after the 21 date of the enactment of this section, the Commissioner 22 of U.S. Customs and Border Protection shall— 23 ‘‘(1) screen electronic passports at airports of 24 entry by reading each such passport’s embedded 25 chip; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 130 1 ‘‘(2) to the greatest extent practicable, utilize 2 facial recognition technology or other biometric tech- 3 nology, as determined by the Commissioner, to in- 4 spect travelers at United States airports of entry. 5 ‘‘(b) APPLICABILITY.— 6 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 7 Paragraph (1) of subsection (a) shall apply to pass- 8 ports belonging to individuals who are United States 9 citizens, individuals who are nationals of a program 10 country pursuant to section 217 of the Immigration 11 and Nationality Act (8 U.S.C. 1187), and individ- 12 uals who are nationals of any other foreign country 13 that issues electronic passports. 14 ‘‘(2) FACIAL RECOGNITION MATCHING.—Para- 15 graph (2) of subsection (a) shall apply, at a min- 16 imum, to individuals who are nationals of a program 17 country pursuant to section 217 of the Immigration 18 and Nationality Act. 19 ‘‘(c) ANNUAL REPORT.—The Commissioner of U.S. 20 Customs and Border Protection, in collaboration with the 21 Chief Privacy Officer of the Department, shall issue to the 22 Committee on Homeland Security of the House of Rep23 resentatives and the Committee on Homeland Security 24 and Governmental Affairs of the Senate an annual report 25 through fiscal year 2022 on the utilization of facial rec- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 131 1 ognition technology and other biometric technology pursu2 ant to subsection (a)(2). Each such report shall include 3 information on the type of technology used at each airport 4 of entry, the number of individuals who were subject to 5 inspection using either of such technologies at each airport 6 of entry, and within the group of individuals subject to 7 such inspection at each airport, the number of those indi8 viduals who were United States citizens and legal perma9 nent residents. Each such report shall provide information 10 on the disposition of data collected during the year covered 11 by such report, together with information on protocols for 12 the management of collected biometric data, including 13 timeframes and criteria for storing, erasing, destroying, 14 or otherwise removing such data from databases utilized 15 by the Department. 16 ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS 17 18 AND BORDER PROTECTION. ‘‘The Commissioner of U.S. Customs and Border 19 Protection shall, in a risk based manner, continuously 20 screen individuals issued any visa, and individuals who are 21 nationals of a program country pursuant to section 217 22 of the Immigration and Nationality Act (8 U.S.C. 1187), 23 who are present, or are expected to arrive within 30 days, 24 in the United States, against the appropriate criminal, na- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 132 1 tional security, and terrorism databases maintained by the 2 Federal Government.’’. 3 (b) CLERICAL AMENDMENT.—The table of contents 4 in section 1(b) of the Homeland Security Act of 2002 is 5 amended by inserting after the item relating to section 6 419 the following new items: ‘‘Sec. 420. Electronic passport screening and biometric matching. ‘‘Sec. 420A. Continuous screening by U.S. Customs and Border Protection.’’. 7 8 SEC. 3103. REPORTING OF VISA OVERSTAYS. Section 2 of Public Law 105–173 (8 U.S.C. 1376) 9 is amended— 10 (1) in subsection (a)— 11 (A) by striking ‘‘Attorney General’’ and in- 12 serting ‘‘Secretary of Homeland Security’’; and 13 (B) by inserting before the period at the 14 end the following: ‘‘, and any additional infor- 15 mation that the Secretary determines necessary 16 for purposes of the report under subsection 17 (b)’’; and 18 (2) by amending subsection (b) to read as fol- 19 lows: 20 ‘‘(b) ANNUAL REPORT.—Not later than September 21 30, 2019, and not later than September 30 of each year 22 thereafter, the Secretary of Homeland Security shall sub23 mit to the Committee on Homeland Security and the Com24 mittee on the Judiciary of the House of Representatives g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 133 1 and to the Committee on Homeland Security and Govern2 mental Affairs and the Committee on the Judiciary of the 3 Senate a report providing, for the preceding fiscal year, 4 numerical estimates (including information on the meth5 odology utilized to develop such numerical estimates) of— 6 ‘‘(1) for each country, the number of aliens 7 from the country who are described in subsection 8 (a), including— 9 ‘‘(A) the total number of such aliens within 10 all classes of nonimmigrant aliens described in 11 section 101(a)(15) of the Immigration and Na- 12 tionality Act (8 U.S.C. 1101(a)(15)); and 13 ‘‘(B) the number of such aliens within each 14 of the classes of nonimmigrant aliens, as well as 15 the number of such aliens within each of the 16 subclasses of such classes of nonimmigrant 17 aliens, as applicable; 18 ‘‘(2) for each country, the percentage of the 19 total number of aliens from the country who were 20 present in the United States and were admitted to 21 the United States as nonimmigrants who are de- 22 scribed in subsection (a); 23 ‘‘(3) the number of aliens described in sub- 24 section (a) who arrived by land at a port of entry 25 into the United States; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 134 1 ‘‘(4) the number of aliens described in sub- 2 section (a) who entered the United States using a 3 border crossing identification card (as such term is 4 defined in section 101(a)(6) of the Immigration and 5 Nationality Act (8 U.S.C. 1101(a)(6))); and 6 ‘‘(5) the number of Canadian nationals who en- 7 tered the United States without a visa whose author- 8 ized period of stay in the United States terminated 9 during the previous fiscal year, but who remained in 10 11 the United States.’’. SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMA- 12 13 TION SYSTEM VERIFICATION. Not later than 90 days after the date of the enact- 14 ment of this Act, the Secretary of Homeland Security shall 15 ensure that the information collected under the program 16 established under section 641 of the Illegal Immigration 17 Reform and Immigrant Responsibility Act of 1996 (8 18 U.S.C. 1372) is available to officers of U.S. Customs and 19 Border Protection for the purpose of conducting primary 20 inspections of aliens seeking admission to the United 21 States at each port of entry of the United States. 22 23 SEC. 3105. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. (a) IN GENERAL.—Subtitle C of title IV of the 24 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 25 as amended by sections 1115, 1123, and 1126 of this divi- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 135 1 sion, is further amended by adding at the end the fol2 lowing new sections: 3 4 ‘‘SEC. 438. SOCIAL MEDIA SCREENING. ‘‘(a) IN GENERAL.—Not later than 180 days after 5 the date of the enactment of this section, the Secretary 6 shall, to the greatest extent practicable, and in a risk 7 based manner and on an individualized basis, review the 8 social media accounts of certain visa applicants who are 9 citizens of, or who reside in, high-risk countries, as deter10 mined by the Secretary based on the criteria described in 11 subsection (b). 12 ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter- 13 mining whether a country is high-risk pursuant to sub14 section (a), the Secretary, in consultation with the Sec15 retary of State, shall consider the following criteria: 16 ‘‘(1) The number of nationals of the country 17 who were identified in United States Government 18 databases related to the identities of known or sus- 19 pected terrorists during the previous year. 20 ‘‘(2) The level of cooperation of the country 21 with the counter-terrorism efforts of the United 22 States. 23 24 ‘‘(3) Any other criteria the Secretary determines appropriate. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 136 1 ‘‘(c) COLLABORATION.—To carry out the require- 2 ments of subsection (a), the Secretary may collaborate 3 with— 4 ‘‘(1) the head of a national laboratory within 5 the Department’s laboratory network with relevant 6 expertise; 7 ‘‘(2) the head of a relevant university-based 8 center within the Department’s centers of excellence 9 network; and 10 ‘‘(3) the heads of other appropriate Federal 11 agencies. 12 ‘‘(d) WAIVER.—The Secretary, in collaboration with 13 the Secretary of State, is authorized to waive the require14 ments of subsection (a) as necessary to comply with inter15 national obligations of the United States. 16 17 ‘‘SEC. 439. OPEN SOURCE SCREENING. ‘‘The Secretary shall, to the greatest extent prac- 18 ticable, and in a risk based manner, review open source 19 information of visa applicants.’’ 20 (b) CLERICAL AMENDMENT.—The table of contents 21 in section 1(b) of the Homeland Security Act of 2002, as 22 amended by this division is further amended by inserting 23 after the item relating to section 437 the following new 24 items: ‘‘Sec. 438. Social media screening. ‘‘Sec. 439. Open source screening.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00136 Fmt 6652 Sfmt 6211 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 137 1 2 SEC. 3106. CANCELLATION OF ADDITIONAL VISAS. (a) IN GENERAL.—Section 222(g) of the Immigra- 3 tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 4 (1) in paragraph (1)— 5 (A) by striking ‘‘Attorney General’’ and in- 6 serting ‘‘Secretary’’; and 7 (B) by inserting ‘‘and any other non- 8 immigrant visa issued by the United States that 9 is in the possession of the alien’’ after ‘‘such 10 visa’’; and 11 (2) in paragraph (2)(A), by striking ‘‘(other 12 than the visa described in paragraph (1)) issued in 13 a consular office located in the country of the alien’s 14 nationality’’ and inserting ‘‘(other than a visa de- 15 scribed in paragraph (1)) issued in a consular office 16 located in the country of the alien’s nationality or 17 foreign residence’’. 18 (b) EFFECTIVE DATE.—The amendment made by 19 subsection (a) shall take effect on the date of the enact20 ment of this Act and shall apply to a visa issued before, 21 on, or after such date. 22 23 SEC. 3107. VISA INFORMATION SHARING. (a) IN GENERAL.—Section 222(f) of the Immigration 24 and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 25 26 (1) by striking ‘‘issuance or refusal’’ and inserting ‘‘issuance, refusal, or revocation’’; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 138 1 (2) in paragraph (2), in the matter preceding 2 subparagraph (A), by striking ‘‘and on the basis of 3 reciprocity’’ and all that follows and inserting the 4 following ‘‘may provide to a foreign government in- 5 formation in a Department of State computerized 6 visa database and, when necessary and appropriate, 7 other records covered by this section related to infor- 8 mation in such database—’’; 9 (3) in paragraph (2)(A)— 10 (A) by inserting at the beginning ‘‘on the 11 basis of reciprocity,’’; 12 (B) by inserting ‘‘(i)’’ after ‘‘for the pur- 13 pose of’’; and 14 (C) by striking ‘‘illicit weapons; or’’ and 15 inserting ‘‘illicit weapons, or (ii) determining a 16 person’s deportability or eligibility for a visa, 17 admission, or other immigration benefit;’’; 18 (4) in paragraph (2)(B)— 19 (A) by inserting at the beginning ‘‘on the 20 basis of reciprocity,’’; 21 (B) by striking ‘‘in the database’’ and in- 22 serting ‘‘such database’’; 23 (C) by striking ‘‘for the purposes’’ and in- 24 serting ‘‘for one of the purposes’’; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 139 1 (D) by striking ‘‘or to deny visas to per- 2 sons who would be inadmissible to the United 3 States.’’ and inserting ‘‘; or’’; and 4 (5) in paragraph (2), by adding at the end the 5 following: 6 ‘‘(C) with regard to any or all aliens in the 7 database specified data elements from each 8 record, if the Secretary of State determines that 9 it is in the national interest to provide such in- 10 11 formation to a foreign government.’’. (b) EFFECTIVE DATE.—The amendments made by 12 subsection (a) shall take effect 60 days after the date of 13 the enactment of this Act. 14 15 SEC. 3108. RESTRICTING WAIVER OF VISA INTERVIEWS. Section 222(h) of the Immigration and Nationality 16 Act (8 U.S.C. 1202(h)(1)(B)) is amended— 17 (1) in paragraph (1)(C), by inserting ‘‘, in con- 18 sultation with the Secretary of Homeland Security,’’ 19 after ‘‘if the Secretary’’; 20 (2) in paragraph (1)(C)(i), by inserting ‘‘, 21 where such national interest shall not include facili- 22 tation of travel of foreign nationals to the United 23 States, reduction of visa application processing 24 times, or the allocation of consular resources’’ before 25 the semicolon at the end; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 140 1 (3) in paragraph (2)— 2 (A) by striking ‘‘or’’ at the end of subpara- 3 graph (E); 4 (B) by striking the period at the end of 5 subparagraph (F) and inserting ‘‘; or’’; and 6 (C) by adding at the end the following: 7 ‘‘(G) is an individual— 8 ‘‘(i) determined to be in a class of 9 aliens determined by the Secretary of 10 Homeland Security to be threats to na- 11 tional security; 12 ‘‘(ii) identified by the Secretary of 13 Homeland Security as a person of concern; 14 or 15 ‘‘(iii) applying for a visa in a visa cat- 16 egory with respect to which the Secretary 17 of Homeland Security has determined that 18 a waiver of the visa interview would create 19 a high risk of degradation of visa program 20 integrity.’’. 21 SEC. 3109. AUTHORIZING THE DEPARTMENT OF STATE TO 22 NOT INTERVIEW CERTAIN INELIGIBLE VISA 23 APPLICANTS. 24 (a) IN GENERAL.—Section 222(h)(1) of the Immi- 25 gration and Nationality Act (8 U.S.C. 1202(h)(1)) is g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 141 1 amended by inserting ‘‘the alien is determined by the Sec2 retary of State to be ineligible for a visa based upon review 3 of the application or’’ after ‘‘unless’’. 4 (b) GUIDANCE.—Not later than 90 days after the 5 date of the enactment of this Act, the Secretary of State 6 shall issue guidance to consular officers on the standards 7 and processes for implementing the authority to deny visa 8 applications without interview in cases where the alien is 9 determined by the Secretary of State to be ineligible for 10 a visa based upon review of the application. 11 (c) REPORTS.—Not less frequently than once each 12 quarter, the Secretary of State shall submit to the Con13 gress a report on the denial of visa applications without 14 interview, including— 15 (1) the number of such denials; and 16 (2) a post-by-post breakdown of such denials. 17 SEC. 3110. PETITION AND APPLICATION PROCESSING FOR 18 VISAS AND IMMIGRATION BENEFITS. 19 (a) IN GENERAL.—Chapter 2 of title II of the Immi- 20 gration and Nationality Act (8 U.S.C. 1181 et seq.) is 21 amended by inserting after section 211 the following: 22 23 ‘‘SEC. 211A. PETITION AND APPLICATION PROCESSING. ‘‘(a) SIGNATURE REQUIREMENT.— 24 25 ‘‘(1) IN 13:04 Jun 14, 2018 petition or application filed with the Secretary of Homeland Security or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—No Jkt 000000 (697089 48) PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 142 1 with a consular officer relating to the issuance of a 2 visa or to the admission of an alien to the United 3 States as an immigrant or as a nonimmigrant may 4 be approved unless the petition or application is 5 signed by each party required to sign such petition 6 or application. 7 ‘‘(2) APPLICATIONS FOR IMMIGRANT VISAS.— 8 Except as may be otherwise prescribed by regula- 9 tions, each application for an immigrant visa shall 10 be signed by the applicant in the presence of the 11 consular officer, and verified by the oath of the ap- 12 plicant administered by the consular officer. 13 ‘‘(b) COMPLETION REQUIREMENT.—No petition or 14 application filed with the Secretary of Homeland Security 15 or with a consular officer relating to the issuance of a visa 16 or to the admission of an alien to the United States as 17 an immigrant or as a nonimmigrant may be approved un18 less each applicable portion of the petition or application 19 has been completed. 20 ‘‘(c) TRANSLATION REQUIREMENT.—No document 21 submitted in support of a petition or application for a non22 immigrant or immigrant visa may be accepted by a con23 sular officer if such document contains information in a 24 foreign language, unless such document is accompanied by 25 a full English translation, which the translator has cer- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 143 1 tified as complete and accurate, and by the translator’s 2 certification that he or she is competent to translate from 3 the foreign language into English. 4 ‘‘(d) REQUESTS FOR ADDITIONAL INFORMATION.— 5 In the case that the Secretary of Homeland Security or 6 a consular officer requests any additional information re7 lating to a petition or application filed with the Secretary 8 or consular officer relating to the issuance of a visa or 9 to the admission of an alien to the United States as an 10 immigrant or as a nonimmigrant, such petition or applica11 tion may not be approved unless all of the additional infor12 mation requested is provided, or is shown to have been 13 previously provided, in complete form and is provided on 14 or before any reasonably established deadline included in 15 the request.’’. 16 (b) CLERICAL AMENDMENT.—The table of contents 17 for the Immigration and Nationality Act (8 U.S.C. 1101 18 et seq.) is amended by inserting after the item relating 19 to section 211 the following: ‘‘Sec. 211A. Petition and application processing.’’. 20 (c) APPLICATION.—The amendments made by this 21 section shall apply with respect to applications and peti22 tions filed after the date of the enactment of this Act. 23 24 SEC. 3111. FRAUD PREVENTION. (a) PROSPECTIVE ANALYTICS TECHNOLOGY.— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 144 1 later 2 than 180 days after the date of the enactment of 3 this Act, the Secretary of Homeland Security shall 4 submit to the Committee on the Judiciary of the 5 House of Representatives and the Committee on the 6 Judiciary of the Senate a plan for the use of ad- 7 vanced analytics software to ensure the proactive de- 8 tection of fraud in immigration benefits applications 9 and petitions and to ensure that any such applicant 10 or petitioner does not pose a threat to national secu- 11 rity. 12 (2) IMPLEMENTATION OF PLAN.—Not later 13 than 1 year after the date of the submission of the 14 plan under paragraph (1), the Secretary of Home- 15 land Security shall begin implementation of the plan. 16 (b) BENEFITS FRAUD ASSESSMENT.— 17 (1) IN GENERAL.—The Secretary of Homeland 18 Security, acting through the Fraud Detection and 19 Nationality Security Directorate, shall complete a 20 benefit fraud assessment by fiscal year 2021 on each 21 of the following: 22 (A) Petitions by VAWA self-petitioners (as 23 such term is defined in section 101(a)(51) of 24 the Immigration and Nationality Act (8 U.S.C. 25 1101(a)(51)). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FOR IMPLEMENTATION.—Not (1) PLAN 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 145 1 (B) Applications or petitions for visas or 2 status under section 101(a)(15)(K) of such Act 3 or under section 201(b)(2) of such Act, in the 4 case of spouses (8 U.S.C. 1101(a)(15)(K)). 5 (C) Applications for visas or status under 6 section 101(a)(27)(J) of such Act (8 U.S.C. 7 1101(a)(27)(J)). 8 (D) Applications for visas or status under 9 section 101(a)(15)(U) of such Act (8 U.S.C. 10 1101(a)(15)(U)). 11 (E) Petitions for visas or status under sec- 12 tion 101(a)(27)(C) of such Act (8 U.S.C. 13 1101(a)(27)(C)). 14 (F) Applications for asylum under section 15 208 of such Act (8 U.S.C. 1158). 16 (G) Applications for adjustment of status 17 under section 209 of such Act (8 U.S.C. 1159). 18 (H) Petitions for visas or status under sec- 19 tion 201(b) of such Act (8 U.S.C. 1151(b)). 20 (2) REPORTING later than 21 30 days after the completion of each benefit fraud 22 assessment under paragraph (1), the Secretary shall 23 submit to the Committee on the Judiciary of the 24 House of Representatives and the Committee on the 25 Judiciary of the Senate such assessment and rec- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ON FINDINGS.—Not 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 146 1 ommendations on how to reduce the occurrence of 2 instances of fraud identified by the assessment. 3 SEC. 3112. VISA INELIGIBILITY FOR SPOUSES AND CHIL- 4 5 DREN OF DRUG TRAFFICKERS. Section 212(a)(2) of the Immigration and Nationality 6 Act (8 U.S.C. 1182(a)(2)) is amended— 7 (1) in subparagraph (C)(ii), by striking ‘‘is the 8 spouse, son, or daughter’’ and inserting ‘‘is or has 9 been the spouse, son, or daughter’’; and 10 (2) in subparagraph (H)(ii), by striking ‘‘is the 11 spouse, son, or daughter’’ and inserting ‘‘is or has 12 been the spouse, son, or daughter’’. 13 14 SEC. 3113. DNA TESTING. Section 222(b) of the Immigration and Nationality 15 Act (8 U.S.C. 1202(b)) is amended by inserting ‘‘Where 16 considered necessary, by the consular officer or immigra17 tion official, to establish family relationships, the immi18 grant shall provide DNA evidence of such a relationship 19 in accordance with procedures established for submitting 20 such evidence. The Secretary and the Secretary of State 21 may, in consultation, issue regulations to require DNA 22 evidence to establish family relationship, from applicants 23 for certain visa classifications.’’ after ‘‘and a certified copy 24 of all other records or documents concerning him or his 25 case which may be required by the consular officer.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 147 1 SEC. 3114. ACCESS TO NCIC CRIMINAL HISTORY DATABASE 2 3 FOR DIPLOMATIC VISAS. Subsection (a) of article V of section 217 of the Na- 4 tional Crime Prevention and Privacy Compact Act of 1998 5 (34 U.S.C. 40316(V)(a)) is amended by inserting ‘‘, ex6 cept for diplomatic visa applications for which only full 7 biographical information is required’’ before the period at 8 the end. 9 SEC. 3115. ELIMINATION OF SIGNED PHOTOGRAPH RE- 10 QUIREMENT FOR VISA APPLICATIONS. 11 Section 221(b) of the Immigration and Nationality 12 Act (8 U.S.C. 1201(b)) is amended by striking the first 13 sentence and insert the following: ‘‘Each alien who applies 14 for a visa shall be registered in connection with his or her 15 application and shall furnish copies of his or her photo16 graph for such use as may be required by regulation.’’. 17 SEC. 3116. ADDITIONAL FRAUD DETECTION AND PREVEN- 18 19 TION. Section 286(v)(2)(A) of the Immigration and Nation- 20 ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 21 (1) in the matter preceding clause (i), by strik- 22 ing ‘‘at United States embassies and consulates 23 abroad’’; 24 (2) by amending clause (i) to read as follows: 25 ‘‘(i) to increase the number of diplo- 26 matic security personnel assigned exclu- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 148 1 sively or primarily to the function of pre- 2 venting and detecting visa fraud;’’; and 3 (3) in clause (ii), by striking ‘‘, including pri- 4 marily fraud by applicants for visas described in 5 subparagraph (H)(i), (H)(ii), or (L) of section 6 101(a)(15)’’. 10 TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER PREVENTION AND ELIMINATION 11 SEC. 4101. SHORT TITLE. 7 8 9 12 This title may be cited as the ‘‘Transnational Crimi- 13 nal Organization Illicit Spotter Prevention and Elimi14 nation Act’’. 15 16 SEC. 4102. ILLICIT SPOTTING. Section 1510 of title 18, United States Code, is 17 amended by adding at the end the following: 18 ‘‘(f) Any person who knowingly transmits, by any 19 means, to another person the location, movement, or ac20 tivities of any officer or agent of a Federal, State, local, 21 or tribal law enforcement agency with the intent to further 22 a criminal offense under the immigration laws (as such 23 term is defined in section 101 of the Immigration and Na24 tionality Act), the Controlled Substances Act, or the Con25 trolled Substances Import and Export Act, or that relates g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 149 1 to agriculture or monetary instruments shall be fined 2 under this title or imprisoned not more than 10 years, or 3 both.’’. 4 SEC. 4103. UNLAWFULLY HINDERING IMMIGRATION, BOR- 5 DER, AND CUSTOMS CONTROLS. 6 (a) BRINGING IN AND HARBORING OF CERTAIN 7 ALIENS.—Section 274(a) of the Immigration and Nation8 ality Act (8 U.S.C. 1324(a)) is amended— 9 (1) in paragraph (2), by striking ‘‘brings to or 10 attempts to’’ and inserting the following: ‘‘brings to 11 or attempts or conspires to’’; and 12 (2) by adding at the end the following: 13 ‘‘(5) In the case of a person who has brought 14 aliens into the United States in violation of this sub- 15 section, the sentence otherwise provided for may be 16 increased by up to 10 years if that person, at the 17 time of the offense, used or carried a firearm or 18 who, in furtherance of any such crime, possessed a 19 firearm.’’. 20 (b) AIDING 21 ENTER THE OR ASSISTING CERTAIN ALIENS TO UNITED STATES.—Section 277 of the Immi- 22 gration and Nationality Act (8 U.S.C. 1327) is amend23 ed— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 150 1 (1) by inserting after ‘‘knowingly aids or as- 2 sists’’ the following: ‘‘or attempts to aid or assist’’; 3 and 4 (2) by adding at the end the following: ‘‘In the 5 case of a person convicted of an offense under this 6 section, the sentence otherwise provided for may be 7 increased by up to 10 years if that person, at the 8 time of the offense, used or carried a firearm or 9 who, in furtherance of any such crime, possessed a 10 firearm.’’. 11 (c) DESTRUCTION OF UNITED STATES BORDER CON- 12 TROLS.—Section 1361 of title 18, United States Code, is 13 amended— 14 15 (1) by striking ‘‘If the damage’’ and inserting the following: 16 17 ‘‘(1) Except as otherwise provided in this section, if the damage’’; and 18 (2) by adding at the end the following: 19 ‘‘(2) If the injury or depredation was made or 20 attempted against any fence, barrier, sensor, cam- 21 era, or other physical or electronic device deployed 22 by the Federal Government to control the border or 23 a port of entry or otherwise was intended to con- 24 struct, excavate, or make any structure intended to 25 defeat, circumvent, or evade any such fence, barrier, g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 151 1 sensor camera, or other physical or electronic device 2 deployed by the Federal Government to control the 3 border or a port of entry, by a fine under this title 4 or imprisonment for not more than 15 years, or 5 both. 6 ‘‘(3) If the injury or depredation was described 7 under paragraph (2) and, in the commission of the 8 offense, the offender used or carried a firearm or, in 9 furtherance of any such offense, possessed a firearm, 10 by a fine under this title or imprisonment for not 11 more than 20 years, or both.’’. 12 13 14 15 TITLE V—BORDER SECURITY FUNDING SEC. 5101. BORDER SECURITY FUNDING. (a) FUNDING.—In addition to amounts otherwise 16 made available by this Act or any other provision of law, 17 there is hereby appropriated to the ‘‘U.S. Customs and 18 Border Protection—Procurement, Construction, and Im19 provements’’ account, out of any amounts in the Treasury 20 not otherwise appropriated, $23,400,000,000, to be avail21 able as described in subsections (b) and (c), of which— 22 (1) $16,625,000,000 shall be for a border wall 23 system along the southern border of the United 24 States, including physical barriers and associated de- 25 tection technology, roads, and lighting; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 152 1 (2) $6,775,000,000 shall be for infrastructure, 2 assets, and technology to enhance border security 3 along the southern border of the United States, in- 4 cluding— 5 (A) border security technology, including 6 surveillance technology, at and between ports of 7 entry; 8 (B) new roads and improvements to exist- 9 ing roads; 10 (C) U.S. Border Patrol facilities and ports 11 of entry; 12 (D) aircraft, aircraft-based sensors and as- 13 sociated technology, vessels, spare parts, and 14 equipment to maintain such assets; and 15 16 (E) a biometric entry and exit system. (b) AVAILABILITY OF BORDER WALL SYSTEM 17 FUNDS.— 18 19 (1) IN (A) $2,241,000,000 shall become available 21 October 1, 2018; 22 (B) $1,808,000,000 shall become available 23 October 1, 2019; 24 (C) $1,715,000,000 shall become available 25 October 1, 2020; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 the amount appropriated in subsection (a)(1)— 20 VerDate 0ct 09 2002 GENERAL.—Of Jkt 000000 (697089 48) PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 153 1 (D) $2,140,000,000 shall become available 2 October 1, 2021; 3 (E) $1,735,000,000 shall become available 4 October 1, 2022; 5 (F) $1,746,000,000 shall become available 6 October 1, 2023; 7 (G) $1,776,000,000 shall become available 8 October 1, 2024; 9 (H) $1,746,000,000 shall become available 10 October 1, 2025; and 11 (I) $1,718,000,000 shall become available 12 October 1, 2026. 13 (2) PERIOD AVAILABILITY.—An amount 14 made available under subparagraph (A), (B), (C), 15 (D), (E), (F), (G), (H), or (I) of paragraph (1) shall 16 remain available for five years after the date speci- 17 fied in that subparagraph. 18 (c) AVAILABILITY 19 MENT 21 (1) IN BORDER SECURITY INVEST- GENERAL.—Of the amount appropriated in subsection (a)(2)— 22 (A) $500,000,000 shall become available 23 October 1, 2018; 24 (B) $1,850,000,000 shall become available 25 October 1, 2019; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 OF FUNDS.— 20 VerDate 0ct 09 2002 OF Jkt 000000 (697089 48) PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 154 1 (C) $1,950,000,000 shall become available 2 October 1, 2020; 3 (D) $1,925,000,000 shall become available 4 October 1, 2021; and 5 (E) $550,000,000 shall become available 6 October 1, 2022. 7 (2) PERIOD AVAILABILITY.—An amount 8 made available under subparagraph (A), (B), (C), 9 (D), or (E) of paragraph (1) shall remain available 10 for five years after the date specified in that sub- 11 paragraph. 12 (3) TRANSFER 13 (A) IN AUTHORITY.— GENERAL.—Notwithstanding any 14 limitation on transfer authority in any other 15 provision of law and subject to the notification 16 requirement in subparagraph (B), the Secretary 17 of 18 amounts made available under paragraph (1) to 19 the ‘‘U.S. Customs and Border Protection—Op- 20 erations and Support’’ account only to the ex- 21 tent necessary to carry out the purposes de- 22 scribed in subsection (a)(2). 23 (B) NOTIFICATION Homeland Security may transfer REQUIRED.—The any Sec- 24 retary shall notify the Committees on Appro- 25 priations of the Senate and the House of Rep- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 155 1 resentatives not later than 30 days before each 2 such transfer. 3 (d) MULTI-YEAR SPENDING PLAN.—The Secretary of 4 Homeland Security shall include in the budget justifica5 tion materials submitted in support of the President’s an6 nual budget request for fiscal year 2020 (as submitted 7 under section 1105(a) of title 31, United States Code) a 8 multi-year spending plan for the amounts made available 9 under subsection (a). 10 (e) EXPENDITURE PLAN.—Each amount that be- 11 comes available in accordance with subsection (b) or (c) 12 may not be obligated until the date that is 30 days after 13 the date on which the Committees on Appropriations of 14 the Senate and the House of Representatives receive a de15 tailed plan, prepared by the Commissioner of U.S. Cus16 toms and Border Protection, for the expenditure of such 17 amount. 18 (f) QUARTERLY BRIEFING REQUIREMENT.—Begin- 19 ning not later than 180 days after the date of the enact20 ment of this Act, and quarterly thereafter, the Commis21 sioner of U.S. Customs and Border Protection shall brief 22 the Committees on Appropriations of the Senate and the 23 House of Representatives regarding activities under and 24 progress made in carrying out this section. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 156 1 (g) RULES OF CONSTRUCTION.—Nothing in this sec- 2 tion may be construed to limit the availability of funds 3 made available by any other provision of law for carrying 4 out the requirements of this Act or the amendments made 5 by this Act. Any reference in this section to an appropria6 tion account shall be construed to include any successor 7 accounts. 8 SEC. 5102. LIMITATION ON ADJUSTMENT OF STATUS. 9 (a) IN GENERAL.—A covered alien may not be pro- 10 vided with an immigrant visa or adjusted status to that 11 of a lawful permanent resident under this Act, the Immi12 gration and Nationality Act, or the immigration laws (as 13 such term is defined in section 101 of the Immigration 14 and Nationality Act (8 U.S.C. 1101) if any amount under 15 section 5101 is rescinded or transferred to another ac16 count for use beyond the purposes specified in such sec17 tion. 18 (b) COVERED ALIEN.—For purposes of this section, 19 the term ‘‘covered alien’’ means— 20 21 (1) a contingent nonimmigrant (as such term is defined in section 1101 of division B); or 22 (2) beginning on October 1, 2019, an alien de- 23 scribed in section 203(c)(2) of the Immigration and 24 Nationality Act (8 U.S.C. 1153(c)(2)). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 157 4 DIVISION B—IMMIGRATION REFORM TITLE I—LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS 5 SEC. 1101. DEFINITIONS. 1 2 3 6 In this division: 7 (1) IN as otherwise specifi- 8 cally provided, the terms used in this division have 9 the meanings given such terms in subsections (a) 10 and (b) of section 101 of the Immigration and Na- 11 tionality Act (8 U.S.C. 1101). 12 (2) CONTINGENT NONIMMIGRANT.—The term 13 ‘‘contingent nonimmigrant’’ means an alien who is 14 granted nonimmigrant status under this division. 15 16 (3) EDUCATIONAL INSTITUTION.—The term ‘‘educational institution’’ means— 17 (A) an institution that is described in sec- 18 tion 102(a)(1) of the Higher Education Act of 19 1965 (20 U.S.C. 1002(a)(1)) except an institu- 20 tion described in subparagraph (C) of such sec- 21 tion; 22 (B) an elementary, primary, or secondary 23 school within the United States; or 24 (C) an educational program assisting stu- 25 dents either in obtaining a high school equiva- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Except 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 158 1 lency diploma, certificate, or its recognized 2 equivalent under State law, or in passing a 3 General Educational Development exam or 4 other equivalent State-authorized exam or other 5 applicable State requirements for high school 6 equivalency. 7 (4) SECRETARY.—Except as otherwise specifi- 8 cally provided, the term ‘‘Secretary’’ means the Sec- 9 retary of Homeland Security. 10 11 (5) SEXUAL term ‘‘sexual as- sault’’ means— 12 (A) conduct constituting a criminal offense 13 of rape, as described in section 101(a)(43)(A) 14 of the Immigration and Nationality Act (8 15 U.S.C. 1101(a)(43)(A)), or conduct punishable 16 under section 2241 (relating to aggravated sex- 17 ual abuse), section 2242 (relating to sexual 18 abuse), or section 2243 (relating to sexual 19 abuse of a minor or ward) of title 18, United 20 States Code; 21 (B) conduct constituting a criminal offense 22 of statutory rape, or any offense of a sexual na- 23 ture involving a victim under the age of 18 24 years, as described in section 101(a)(43)(A) of g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ASSAULT.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 159 1 the Immigration and Nationality Act (8 U.S.C. 2 1101(a)(43)(A)); 3 (C) conduct punishable under section 2251 4 or 2251A (relating to the sexual exploitation of 5 children and the selling or buying of children), 6 or section 2252 or 2252A (relating to certain 7 activities relating to material involving the sex- 8 ual exploitation of minors or relating to mate- 9 rial constituting or containing child pornog- 10 raphy) of title 18, United States Code; or 11 (D) conduct constituting the elements of 12 any other Federal or State sexual offense re- 13 quiring a defendant, if convicted, to register on 14 a sexual offender registry (except that this pro- 15 vision shall not apply to convictions solely for 16 urinating or defecating in public). 17 (6) VICTIM.—The term ‘‘victim’’ has the mean- 18 ing given the term in section 503(e) of the Victims’ 19 Rights and Restitution Act of 1990 (42 U.S.C. 20 10607(e)). 21 SEC. 1102. CONTINGENT NONIMMIGRANT STATUS ELIGI- 22 23 BILITY AND APPLICATION. (a) IN GENERAL.—Notwithstanding any other provi- 24 sion of law, the Secretary may grant contingent non25 immigrant status to an alien who— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 160 1 2 (1) meets the eligibility requirements set forth in subsection (b); 3 (2) submits a completed application before the 4 end of the period set forth in subsection (c)(2); and 5 (3) has paid the fees required under subsection 6 (c)(5). 7 (b) ELIGIBILITY REQUIREMENTS.— 8 (1) IN alien is eligible for con- 9 tingent nonimmigrant status if the alien establishes 10 by clear and convincing evidence that the alien 11 meets the requirements set forth in this subsection. 12 13 (2) GENERAL REQUIREMENTS.—The require- ments under this paragraph are that the alien— 14 (A) is physically present in the United 15 States on the date on which the alien submits 16 an application for contingent nonimmigrant sta- 17 tus; 18 (B) was physically present in the United 19 States on June 15, 2007; 20 (C) was younger than 16 years of age on 21 the date the alien initially entered the United 22 States; 23 (D) is a person of good moral character; 24 (E) was under 31 years of age on June 15, 25 2012; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—An 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 161 1 (F) has maintained continuous physical 2 presence in the United States from June 15, 3 2012, until the date on which the alien is grant- 4 ed contingent nonimmigrant status under this 5 section; 6 (G) had no lawful immigration status on 7 June 15, 2012; and 8 (H) has requested the release to the De- 9 partment of Homeland Security of all records 10 regarding their being adjudicated delinquent in 11 State or local juvenile court proceedings, and 12 the Department has obtained all such records. 13 (3) EDUCATION 14 (A) IN GENERAL.—An alien may not be 15 granted contingent nonimmigrant status under 16 this section unless the alien establishes by clear 17 and convincing evidence that the alien— 18 (i) is enrolled in, and is in regular 19 full-time attendance at, an educational in- 20 stitution within the United States; or 21 (ii) has acquired a diploma or degree 22 from a high school in the United States or 23 the equivalent of such a diploma as recog- 24 nized under State law (such as a general g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 REQUIREMENT.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 162 1 equivalency diploma, certificate of comple- 2 tion, or certificate of attendance). 3 (B) EVIDENCE.—An alien shall dem- 4 onstrate compliance with clause (i) or (ii) of 5 subparagraph (A) by providing a valid certified 6 transcript or diploma from the educational in- 7 stitution the alien is enrolled in or from which 8 the alien has acquired a diploma or certificate. 9 (C) DISABILITY 10 (A) shall not apply in the case of an alien if the 11 Secretary determines on a case by case basis 12 that the alien is unable because of a physical or 13 developmental disability or mental impairment 14 to meet the requirement of such subparagraph. 15 (4) GROUNDS FOR INELIGIBILITY.—An alien is 16 ineligible for contingent nonimmigrant status if the 17 Secretary determines that the alien— 18 (A) has a conviction for— 19 (i) an offense classified as a felony in 20 the convicting jurisdiction; 21 (ii) an aggravated felony (except that 22 in applying such term for purposes of this 23 paragraph, subparagraph (N) of section 24 101(a)(43) does not apply); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 WAIVER.—Subparagraph 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 163 1 (iii) an offense classified as a mis- 2 demeanor in the convicting jurisdiction 3 which involved— 4 (I) domestic violence (as such 5 term is defined in section 40002(a) of 6 the Violence Against Women Act of 7 1994 (34 U.S.C. 12291(a))); 8 (II) child abuse or neglect (as 9 such term is defined in section 10 40002(a) of the Violence Against 11 Women Act of 1994 (34 U.S.C. 12 12291(a))); 13 (III) assault resulting in bodily 14 injury (as such term is defined in sec- 15 tion 2266 of title 18, United States 16 Code); or 17 (IV) the violation of a protection 18 order (as such term is defined in sec- 19 tion 2266 of title 18, United States 20 Code); 21 (iv) one or more offenses classified as 22 a misdemeanor in the convicting jurisdic- 23 tion which involved driving while intoxi- 24 cated or driving under the influence (as g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 164 1 such 2 164(a)(2) of title 23, United States Code); 3 (v) two or more misdemeanors (ex- 4 cluding minor traffic offenses that did not 5 involve driving while intoxicated or driving 6 under the influence, or that did not subject 7 any individual other than the alien to bod- 8 ily injury); or are defined in section 9 (vi) any offense under foreign law, ex- 10 cept for a purely political offense, which, if 11 the offense had been committed in the 12 United States, would render the alien inad- 13 missible under section 212(a) of the Immi- 14 gration and Nationality Act (8 U.S.C. 15 1182(a)) 16 237(a) of such Act (8 U.S.C. 1227(a)); 17 (B) has been adjudicated delinquent in a 18 State or local juvenile court proceeding for an 19 offense equivalent to— or deportable under section 20 (i) an offense relating to murder, 21 manslaughter, homicide, rape (whether the 22 victim was conscious or unconscious), stat- 23 utory rape, or any offense of a sexual na- 24 ture involving a victim under the age of 18 25 years, g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 terms 13:04 Jun 14, 2018 Jkt 000000 as described in section (697089 48) PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 165 1 101(a)(43)(A) of the Immigration and Na- 2 tionality Act (8 U.S.C. 1101(a)(43)(A)); 3 (ii) a crime of violence, as such term 4 is defined in section 16 of title 18, United 5 States Code; or 6 (iii) an offense punishable under sec- 7 tion 401 of the Controlled Substances Act 8 (21 U.S.C. 841); 9 (C) has a conviction for any other criminal 10 offense, with regard to which the alien has not 11 satisfied any requirement to pay restitution or 12 any civil legal judgements awarded to any vic- 13 tims (or family members of victims) of the 14 crime; 15 (D) is described in section 212(a)(2)(N) of 16 the Immigration and Nationality Act (8 U.S.C. 17 1882(a)(2)) (relating to aliens associated with 18 criminal gangs); 19 (E) is inadmissible under section 212(a) of 20 the Immigration and Nationality Act (8 U.S.C. 21 1182(a)), except that in determining an alien’s 22 inadmissibility, 23 (6)(D), (6)(G), (7), (9)(B), and (9)(C)(i)(I) of 24 such section shall not apply; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 paragraphs (5)(A), (6)(A), (697089 48) PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 166 1 (F) is deportable under section 237(a) of 2 the Immigration and Nationality Act (8 U.S.C. 3 1227(a)), except that in determining an alien’s 4 deportability— 5 (i) (A) of section 6 237(a)(1) of such Act shall not apply with 7 respect to grounds of inadmissibility that 8 do not apply pursuant to subparagraph (C) 9 of such section; and 10 (ii) subparagraphs (B) through (D) of 11 section 237(a)(1) and section 237(a)(3)(A) 12 of such Act shall not apply; 13 (G) was, on the date of the enactment of 14 this Act— 15 (i) an alien lawfully admitted for per- 16 manent residence; 17 (ii) an alien admitted as a refugee 18 under section 207 of the Immigration and 19 Nationality Act (8 U.S.C. 1157), or grant- 20 ed asylum under section 208 of the Immi- 21 gration and Nationality Act (8 U.S.C. 22 1157 and 1158); or 23 (iii) an alien who, according to the 24 records of the Secretary or the Secretary 25 of State, is lawfully present in the United g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 subparagraph 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 167 1 States in any nonimmigrant status (other 2 than an alien considered to be a non- 3 immigrant solely due to the application of 4 section 244(f)(4) of the Immigration and 5 Nationality Act (8 U.S.C. 1254a(f)(4)) or 6 the amendment made by section 702 of the 7 Consolidated Natural Resources Act of 8 2008 (Public Law 110–229)), notwith- 9 standing any unauthorized employment or 10 other violation of nonimmigrant status; 11 (H) has failed to comply with the require- 12 ments of any removal order or voluntary depar- 13 ture agreement; 14 (I) has been ordered removed in absentia 15 pursuant to section 240(b)(5)(A) of the Immi- 16 gration 17 1229a(b)(5)(A)), unless the case has been re- 18 opened; Nationality Act (8 U.S.C. 19 (J) if over the age of 18, has failed to 20 demonstrate that he or she is able to maintain 21 himself or herself at an annual income that is 22 not less than 125 percent of the Federal pov- 23 erty level throughout the period of admission as 24 a contingent nonimmigrant, unless the alien has 25 demonstrated that the alien is enrolled in, and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 and 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 168 1 is in regular full-time attendance at, an edu- 2 cational institution within the United States, 3 except that the requirement under this subpara- 4 graph shall not apply in the case of an alien if 5 the Secretary determines on a case by case 6 basis that the alien— 7 (i) is unable because of a physical or 8 developmental disability or mental impair- 9 ment to meet the requirement of such sub- 10 paragraph; or 11 (ii) is the primary caregiver of— 12 (I) a child under 18 years of age; 13 or 14 (II) a child 18 years of age or 15 over, spouse, parent, grandparent, or 16 sibling, who is incapable of self-care 17 because of a mental or physical dis- 18 ability or who has a serious injury or 19 illness (as such term is defined in sec- 20 tion 101(18) of the Family and Med- 21 ical Leave Act of 1993 (29 U.S.C. 22 2611(18))); 23 (K) has not attested that such alien is not 24 delinquent with respect to any Federal, State, 25 or local income or property tax liability, and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 169 1 has not attested that such alien does not have 2 income that would result in tax liability under 3 section 1 of the Internal Revenue Code of 1986 4 and that was not reported to the Internal Rev- 5 enue Service; or 6 (L) has at any time been convicted of sex- 7 ual assault. 8 (5) TREATMENT 9 ENCE.—For purposes of paragraph (2), any period 10 of travel outside the United States by an alien that 11 was authorized by the Secretary may not be consid- 12 ered to interrupt any period of continuous physical 13 presence. 14 (c) APPLICATION PROCEDURES.— 15 (1) IN GENERAL.—An alien may apply for con- 16 tingent nonimmigrant status by submitting a com- 17 pleted application form via electronic filing to the 18 Secretary during the application period set forth in 19 paragraph (2), in accordance with the interim final 20 rule made by the Secretary under section 1107. 21 (2) APPLICATION PERIOD.—The Secretary may 22 only 23 immigrant status from aliens in the United States 24 during the 1-year period beginning on the date on g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF CERTAIN BREAKS IN PRES- 13:04 Jun 14, 2018 Jkt 000000 accept applications for contingent non- (697089 48) PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 170 1 which the interim final rule is published in the Fed- 2 eral Register pursuant to section 1107. 3 (3) APPLICATION 4 (A) REQUIRED INFORMATION.—The appli- 5 cation form referred to in paragraph (1) shall 6 collect such information as the Secretary deter- 7 mines to be necessary and appropriate in order 8 to determine whether an alien meets the eligi- 9 bility requirements set forth in subsection (b). 10 The Secretary shall by rule require applicants 11 to provide substantiating information necessary 12 to evaluate the attestation of the alien relevant 13 to the grounds of ineligibility under subsection 14 (b)(4)(K), including, as applicable, tax returns 15 and return information available to the appli- 16 cant under section 6103(e) of the Internal Rev- 17 enue Code of 1986 (26 U.S.C. 6103(e)), evi- 18 dence of tax refunds, and receipts of taxes paid. 19 (B) INTERVIEW.—The Secretary may con- 20 duct an in-person interview of each applicant 21 for contingent nonimmigrant status under this 22 section as part of the determination as to 23 whether the alien meets the eligibility require- 24 ments set forth in subsection (b). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FORM.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 171 1 (4) DOCUMENTARY appli- 2 cation filed by an alien under this section shall in- 3 clude the following: 4 (A) One or more of the following docu- 5 ments demonstrating the alien’s identity: 6 (i) A passport (or national identity 7 document) from the alien’s country of ori- 8 gin. 9 (ii) A certified birth certificate along 10 with photo identification. 11 (iii) A State-issued identification card 12 bearing the alien’s name and photograph. 13 (iv) An Armed Forces identification 14 card issued by the Department of Defense. 15 (v) A Coast Guard identification card 16 issued by the Department of Homeland Se- 17 curity. 18 (vi) A document issued by the Depart- 19 ment of Homeland Security. 20 (vii) A travel document issued by the 21 Department of State. 22 (B) A certified copy of the alien’s birth 23 certificate or certified school transcript dem- 24 onstrating that the alien satisfies the require- 25 ment of subsection (b)(2)(C) and (E). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 REQUIREMENTS.—An 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 172 1 (C) A certified school transcript dem- 2 onstrating that the alien satisfies the require- 3 ments of subsection (b)(3). 4 (5) FEES.— 5 (A) STANDARD 6 (i) IN GENERAL.—Aliens applying for 7 contingent nonimmigrant status under this 8 section shall pay a processing fee to the 9 Department of Homeland Security in an 10 amount determined by the Secretary. 11 (ii) RECOVERY OF COSTS.—The proc- 12 essing fee authorized under clause (i) shall 13 be set at a level that is, at a minimum, 14 sufficient to recover the full costs of proc- 15 essing the application, including any costs 16 incurred— 17 (I) to adjudicate the application; 18 (II) to take and process bio- 19 metrics; 20 (III) to perform national security 21 and criminal checks; 22 (IV) to prevent and investigate 23 fraud; and 24 (V) to administer the collection 25 of such fee. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 PROCESSING FEE.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 173 1 (iii) DEPOSIT USE OF PROC- 2 ESSING FEES.—Fees 3 (i) shall be deposited into the Immigration 4 Examinations Fee Account pursuant to 5 section 286(m) of the Immigration and 6 Nationality Act (8 U.S.C. 1356(m)). 7 (B) BORDER 8 (i) IN collected under clause SECURITY FEE.— GENERAL.—Aliens applying for 9 contingent nonimmigrant status under this 10 section shall pay a one-time border security 11 fee to the Department of Homeland Secu- 12 rity in an amount of $1,000. 13 (ii) 14 FEES.—Fees 15 shall be available, to the extent provided in 16 advance in appropriation Acts, to the Sec- 17 retary of Homeland Security for the pur- 18 poses of carrying out division A, and the 19 amendments made by that division. 20 (6) ALIENS USE OF BORDER SECURITY collected under clause (i) APPREHENDED BEFORE OR DURING 21 THE APPLICATION PERIOD.—If 22 prehended during the period beginning on the date 23 of the enactment of this Act and ending on the last 24 day of the application period described in paragraph 25 (2) appears prima facie eligible for contingent non- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 AND 13:04 Jun 14, 2018 Jkt 000000 an alien who is ap- (697089 48) PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 174 1 immigrant status, to the satisfaction of the Sec- 2 retary, the Secretary— 3 (A) shall provide the alien with a reason- 4 able opportunity to file an application under 5 this section during such application period; and 6 (B) may not remove the individual until 7 the Secretary has denied the application, unless 8 the Secretary, in the Secretary’s sole and 9 unreviewable discretion, determines that expedi- 10 tious removal of the alien is in the national se- 11 curity, public safety, or foreign policy interests 12 of the United States, or the Secretary will be 13 required for constitutional reasons or court 14 order to release the alien from detention. 15 (7) SUSPENSION 16 CATION PERIOD.— 17 (A) ALIENS IN REMOVAL PROCEEDINGS.— 18 Notwithstanding any other provision of this di- 19 vision, if the Secretary determines that an 20 alien, during the period beginning on the date 21 of the enactment of this Act and ending on the 22 last day of the application period described in 23 subsection (c)(2), is in removal, deportation, or 24 exclusion proceedings before the Executive Of- 25 fice for Immigration Review and is prima facie g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF REMOVAL DURING APPLI- 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 175 1 eligible for contingent nonimmigrant status 2 under this section— 3 (i) the Secretary shall provide the 4 alien with the opportunity to file an appli- 5 cation for such status; and 6 (ii) upon motion by the alien and with 7 the consent of the Secretary, the Executive 8 Office for Immigration Review shall— 9 (I) provide the alien a reasonable 10 opportunity to apply for such status; 11 and 12 (II) if the alien applies within the 13 time frame provided, suspend such 14 proceedings until the Secretary has 15 made a determination on the applica- 16 tion. 17 (B) ALIENS an 18 alien who meets the eligibility requirements set 19 forth in subsection (b) is present in the United 20 States and has been ordered excluded, deported, 21 or removed, or ordered to depart voluntarily 22 from the United States pursuant to section 23 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the 24 Immigration and Nationality Act (8 U.S.C. 25 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ORDERED REMOVED.—If 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 176 1 Secretary shall provide the alien with the oppor- 2 tunity to file an application for contingent non- 3 immigrant status provided that the alien has 4 not failed to comply with any order issued pur- 5 suant to section 239 or 240B of the Immigra- 6 tion and Nationality Act (8 U.S.C. 1229, 7 1229c). 8 (C) PERIOD 9 APPLICATION.—During the period beginning on 10 the date on which an alien applies for contin- 11 gent nonimmigrant status under subsection (c) 12 and ending on the date on which the Secretary 13 makes a determination regarding such applica- 14 tion, an otherwise removable alien may not be 15 removed from the United States unless— 16 (i) the Secretary makes a prima facie 17 determination that such alien is, or has be- 18 come, 19 immigrant status under subsection (b); or 20 (ii) the Secretary, in the Secretary’s 21 sole and unreviewable discretion, deter- 22 mines that removal of the alien is in the 23 national security, public safety, or foreign 24 policy interest of the United States. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 PENDING ADJUDICATION OF 13:04 Jun 14, 2018 Jkt 000000 ineligible for contingent non- (697089 48) PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 177 1 2 (8) SECURITY ANCES.— 3 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 4 The Secretary may not grant contingent non- 5 immigrant status to an alien under this section 6 unless such alien submits biometric and bio- 7 graphic data in accordance with procedures es- 8 tablished by the Secretary. 9 (B) ALTERNATIVE PROCEDURES.—The 10 Secretary may provide an alternative procedure 11 for applicants who cannot provide the biometric 12 data required under subparagraph (A) due to a 13 physical impairment. 14 (C) CLEARANCES.— 15 (i) DATA COLLECTION.—The Sec- 16 retary shall collect, from each alien apply- 17 ing for status under this section, biometric, 18 biographic, and other data that the Sec- 19 retary determines to be appropriate— 20 (I) to conduct national security 21 and law enforcement checks; and 22 (II) to determine whether there 23 are any factors that would render an 24 alien ineligible for such status. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 AND LAW ENFORCEMENT CLEAR- 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 178 1 (ii) ADDITIONAL SECURITY SCREEN- 2 ING.—The 3 the Secretary of State and the heads of 4 other agencies as appropriate, shall con- 5 duct an additional security screening upon 6 determining, in the Secretary’s opinion 7 based upon information related to national 8 security, that an alien is or was a citizen 9 or resident of a region or country known to 10 pose a threat, or that contains groups or 11 organizations that pose a threat, to the na- 12 tional security of the United States. 13 (iii) Secretary, in consultation with PREREQUISITE.—The required 14 clearances and screenings described in 15 clauses (i)(I) and (ii) shall be completed 16 before the alien may be granted contingent 17 nonimmigrant status. 18 SEC. 1103. TERMS AND CONDITIONS OF CONDITIONAL NON- 19 20 IMMIGRANT STATUS. (a) DURATION OF STATUS AND EXTENSION.—The 21 initial period of contingent nonimmigrant status— 22 23 (1) shall be 6 years unless revoked pursuant to subsection (d); and 24 25 (2) may be extended for additional 6-year terms if— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 179 1 (A) the alien remains eligible for contin- 2 gent nonimmigrant status under paragraphs 3 (1), (2), and (4) of section 1102(b) (other than 4 with regard to the requirement under para- 5 graph (4)(J) of such subsection); 6 (B) the alien again passes background 7 checks equivalent to the background checks de- 8 scribed in section 1102(c)(9); and 9 (C) such status was not revoked by the 10 11 12 Secretary for any reason. (b) TERMS IMMIGRANT 13 CONDITIONS OF CONTINGENT NON- STATUS.— (1) WORK AUTHORIZATION.—The Secretary 14 shall grant employment authorization to an alien 15 granted contingent nonimmigrant status who dem- 16 onstrates economic necessity. 17 (2) TRAVEL 18 (A) IN OUTSIDE THE UNITED STATES.— GENERAL.—The status of a contin- 19 gent nonimmigrant who is absent from the 20 United States without authorization shall be 21 subject to revocation under subsection (d). 22 (B) AUTHORIZATION.—The Secretary may 23 authorize a contingent nonimmigrant to travel 24 outside the United States and shall grant the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 AND 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 180 1 contingent nonimmigrant reentry provided that 2 the contingent nonimmigrant— 3 (i) was not absent from the United 4 States for a continuous period in excess of 5 180 days during each 6-year period that 6 the alien is in contingent nonimmigrant 7 status, 8 immigrant’s failure to return was due to 9 extenuating circumstances beyond the indi- 10 vidual’s control or as part of the alien’s ac- 11 tive duty service in the Armed Forces of 12 the United States; and the contingent non- 13 (ii) is otherwise admissible to the 14 United States, except as provided in sec- 15 tion 1102(b)(4)(E). 16 (C) STUDY ABROAD.—For purposes of 17 subparagraph (B)(i), in the case of a contingent 18 nonimmigrant who was absent from the United 19 States for participation in a study abroad pro- 20 gram offered by an institution of higher edu- 21 cation (as such term is defined in section 101 22 of the Higher Education Act of 1965 (20 23 U.S.C. 1001)), 60 of such days shall not be 24 counted towards the period described in such 25 subparagraph. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 unless 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 181 1 2 (3) INELIGIBILITY SIDIES AND REFUNDABLE TAX CREDITS.— 3 (A) HEALTH 4 gent nonimmigrant— CARE SUBSIDIES.—A contin- 5 (i) is not entitled to the premium as- 6 sistance tax credit authorized under sec- 7 tion 36B of the Internal Revenue Code of 8 1986 and shall be subject to the rules ap- 9 plicable to individuals who are not lawfully 10 present set forth in subsection (e) of such 11 section; and 12 (ii) shall be subject to the rules appli- 13 cable to individuals who are not lawfully 14 present set forth in section 1402(e) of the 15 Patient Protection and Affordable Care 16 Act (42 U.S.C. 18071(e)). 17 (B) REFUNDABLE TAX CREDITS.—A con- 18 tingent nonimmigrant shall not be allowed any 19 credit under sections 24 and 32 of the Internal 20 Revenue Code of 1986. 21 (4) FEDERAL, STATE, AND LOCAL PUBLIC BEN- 22 EFITS.—For 23 sponsibility and Work Opportunity Reconciliation 24 Act of 1996 (8 U.S.C. 1601 et seq.), a contingent 25 nonimmigrant shall not be considered a qualified g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FOR HEALTH CARE SUB- 13:04 Jun 14, 2018 Jkt 000000 purposes of title IV of the Personal Re- (697089 48) PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 182 1 alien under the Immigration and Nationality Act (8 2 U.S.C. 1101 et seq.). 3 (5) MILITARY 4 (A) AUTHORIZATION FOR ENLISTMENT.— 5 Section 504(b)(1) of title 10, United States 6 Code, is amended by adding at the end the fol- 7 lowing new subparagraph: 8 ‘‘(D) A contingent nonimmigrant (as such 9 term is defined in section 1101 of division B of 10 the Border Security and Immigration Reform 11 Act of 2018).’’. 12 (B) LIMITATION ON NATURALIZATION.— 13 Sections 328 and 329 of the Immigration and 14 Nationality Act does not apply in the case of an 15 alien who enlists in the Armed Forces under 16 section 504(b)(1)(D) of title 10, United States 17 Code. 18 (c) REVOCATION.— 19 (1) IN GENERAL.—The Secretary shall revoke 20 the status of a contingent nonimmigrant at any time 21 if the alien— 22 (A) no longer meets the eligibility require- 23 ments set forth in section 1102(b)(2)(D), (3), 24 (4)(A) through (D), (4)(E) through (I), and 25 (4)(N); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SERVICE.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 183 1 (B) knowingly uses documentation issued 2 under this section for an unlawful or fraudulent 3 purpose; or 4 (C) was absent from the United States at 5 any time without authorization after being 6 granted contingent nonimmigrant status. 7 (2) ADDITIONAL EVIDENCE.—In determining 8 whether to revoke an alien’s status under paragraph 9 (1), the Secretary may require the alien— 10 (A) to submit additional evidence; or 11 (B) to appear for an in-person interview. 12 (3) INVALIDATION OF DOCUMENTATION.—If an 13 alien’s contingent nonimmigrant status is revoked 14 under paragraph (1), any documentation issued by 15 the Secretary to such alien under this section shall 16 automatically be rendered invalid for any purpose 17 except for departure from the United States. 18 19 SEC. 1104. ADJUSTMENT OF STATUS. Beginning on the date that is 5 years after an alien 20 becomes a contingent nonimmigrant, if that alien retains 21 status as a contingent nonimmigrant, then in applying 22 section 245 of the Immigration and Nationality Act (8 23 U.S.C. 1255(a)) to the alien— 24 25 (1) such alien shall be deemed to have been inspected and admitted into the United States; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 184 1 (2) in determining the alien’s admissibility as 2 an immigrant, paragraphs (5)(A), (6)(A), (6)(D), 3 (6)(G), (7), (9)(B), and (9)(C)(i)(I) of section 4 212(a) of the Immigration and Nationality Act (8 5 U.S.C. 1182(a)) shall not apply. 6 7 SEC. 1105. ADMINISTRATIVE AND JUDICIAL REVIEW. (a) EXCLUSIVE ADMINISTRATIVE REVIEW.—Admin- 8 istrative review of a determination of an application for 9 status, extension of status, or revocation of status under 10 this division shall be conducted solely in accordance with 11 this section. 12 (b) ADMINISTRATIVE APPELLATE REVIEW.— 13 (1) ESTABLISHMENT 14 PELLATE AUTHORITY.—The 15 lish or designate an appellate authority to provide 16 for a single level of administrative appellate review 17 of a determination with respect to applications for 18 status, extension of status, or revocation of status 19 under this division. 20 21 (2) SINGLE Secretary shall estab- APPEAL FOR EACH ADMINISTRA- TIVE DECISION.— 22 (A) IN GENERAL.—An alien in the United 23 States whose application for status under this 24 division has been denied or revoked may file 25 with the Secretary not more than 1 appeal, pur- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF ADMINISTRATIVE AP- 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 185 1 suant to this subsection, of each decision to 2 deny or revoke such status. 3 (B) NOTICE notice of ap- 4 peal filed under this subparagraph shall be filed 5 not later than 30 calendar days after the date 6 of service of the decision of denial or revocation. 7 (3) RECORD FOR REVIEW.—Administrative ap- 8 pellate review under this subsection shall be de novo 9 and based only on— 10 (A) the administrative record established 11 at the time of the determination on the applica- 12 tion; and 13 (B) any additional newly discovered or pre- 14 15 viously unavailable evidence. (c) JUDICIAL REVIEW.— 16 (1) APPLICABLE PROVISIONS.—Judicial review 17 of an administratively final denial or revocation of, 18 or failure to extend, an application for status under 19 this division shall be governed only by chapter 158 20 of title 28, except as provided in paragraphs (2) and 21 (3) of this subsection, and except that a court may 22 not order the taking of additional evidence under 23 section 2347(c) of such chapter. 24 (2) SINGLE 25 TIVE DECISION.—An g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF APPEAL.—A 13:04 Jun 14, 2018 Jkt 000000 APPEAL FOR EACH ADMINISTRA- alien in the United States (697089 48) PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 186 1 whose application for status under this division has 2 been denied, revoked, or failed to be extended, may 3 file not more than 1 appeal, pursuant to this sub- 4 section, of each decision to deny or revoke such sta- 5 tus. 6 (3) LIMITATION 7 (A) CLASS ACTIONS.—No court may cer- 8 tify a class under Rule 23 of the Federal Rules 9 of Civil Procedure in any civil action filed after 10 the date of the enactment of this Act pertaining 11 to the administration or enforcement of the ap- 12 plication for status under this division. 13 (B) REQUIREMENTS FOR AN ORDER 14 GRANTING PROSPECTIVE RELIEF AGAINST THE 15 GOVERNMENT.—If 16 spective relief should be ordered against the 17 Government in any civil action pertaining to the 18 administration or enforcement of the applica- 19 tion for status under this division, the court 20 shall— 21 necessary to correct the violation of law; 23 (ii) adopt the least intrusive means to 24 correct the violation of law; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 a court determines that pro- (i) limit the relief to the minimum 22 VerDate 0ct 09 2002 ON CIVIL ACTIONS.— Jkt 000000 (697089 48) PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 187 1 (iii) minimize, to the greatest extent 2 practicable, the adverse impact on national 3 security, border security, immigration ad- 4 ministration and enforcement, and public 5 safety; 6 (iv) provide for the expiration of the 7 relief on a specific date, which allows for 8 the minimum practical time needed to rem- 9 edy the violation; and 10 (v) limit the relief to the case at issue 11 and shall not extend any prospective relief 12 to include any other application for status 13 under this division pending before the Sec- 14 retary or in a Federal court (whether in 15 the same or another jurisdiction). 16 SEC. 1106. PENALTIES AND SIGNATURE REQUIREMENTS. 17 (a) PENALTIES 18 CATIONS.—Whoever FOR FALSE STATEMENTS IN APPLI- files an initial or renewal application 19 for contingent nonimmigrant status under this division 20 and knowingly and willfully falsifies, misrepresents, con21 ceals, or covers up a material fact or makes any false, ficti22 tious, or fraudulent statements or representations, or 23 makes or uses any false writing or document knowing the 24 same to contain any false, fictitious, or fraudulent state25 ment or entry, shall be fined in accordance with title 18, g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 188 1 United States Code, or imprisoned not more than 5 years, 2 or both. 3 (b) SIGNATURE REQUIREMENTS.—An applicant 4 under this division shall sign their application, and the sig5 nature shall be an original signature, including an elec6 tronically submitted signature. A parent or legal guardian 7 may sign for a child or for an applicant whose physical 8 or developmental disability or mental impairment prevents 9 the applicant from being competent to sign. In such a 10 case, the filing shall include evidence of parentage or legal 11 guardianship. 12 13 SEC. 1107. RULEMAKING. Not later than June 1, 2019, the Secretary shall 14 make interim final rules to implement this title. 15 16 SEC. 1108. STATUTORY CONSTRUCTION. Except as specifically provided, nothing in this divi- 17 sion may be construed to create any substantive or proce18 dural right or benefit that is legally enforceable by any 19 party against the United States or its agencies or officers 20 or any other person. 21 22 SEC. 1109. ADDITION OF DEFINITION. Section 101(a) of the Immigration and Nationality 23 Act (8 U.S.C. 1101(a)) is amended by adding at the end 24 the following: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 189 1 ‘‘(54) The term ‘contingent nonimmigrant’ has 2 the meaning given that term in section 1101(b)(2) 3 of division B of the Border Security and Immigra- 4 tion Reform Act of 2018.’’. 5 6 7 8 TITLE II—IMMIGRANT VISA ALLOCATIONS AND PRIORITIES SEC. 2101. ELIMINATION OF DIVERSITY VISA PROGRAM. (a) IN GENERAL.—Section 203 of the Immigration 9 and Nationality Act (8 U.S.C. 1153) is amended by strik10 ing subsection (c). 11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 12 The Immigration and Nationality Act (8 U.S.C. 1101 et 13 seq.) is amended— 14 (1) in section 201— 15 (A) in subsection (a), by striking para- 16 graph (3); 17 (B) by striking subsection (e); 18 (2) in section 203— 19 (A) in subsection (b)(2)(B)(ii)(IV), by 20 striking ‘‘section 203(b)(2)(B)’’ each place such 21 term appears and inserting ‘‘clause (i)’’; 22 (B) in subsection (d), by striking ‘‘sub- 23 section (a), (b), or (c)’’ and inserting ‘‘sub- 24 section (a) or (b)’’; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 190 1 (C) in subsection (e), by striking para- 2 graph (2); 3 (D) in subsection (f), by striking ‘‘sub- 4 section (a), (b), or (c) of this section’’ and in- 5 serting ‘‘subsection (a) or (b)’’; 6 (E) in subsection (g), by striking ‘‘sub- 7 sections (a), (b), and (c)’’ and inserting ‘‘sub- 8 sections (a) and (b)’’; and 9 (F) in subsection (h)(2)(B), by striking 10 ‘‘subsection (a), (b), or (c)’’ and inserting ‘‘sub- 11 section (a) or (b)’’; and 12 (3) in section 204(a)(1), by striking subpara- 13 graph (I). 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall take effect on October 1, 2019. 16 SEC. 2102. NUMERICAL LIMITATION TO ANY SINGLE FOR- 17 18 EIGN STATE. (a) IN GENERAL.—Section 202(a)(2) of the Immi- 19 gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 20 amended— 21 22 (1) in the paragraph heading, by striking ‘‘AND EMPLOYMENT-BASED’’; 23 24 (2) by striking ‘‘(3), (4), and (5),’’ and inserting ‘‘(3) and (4),’’; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 191 1 2 (3) by striking ‘‘subsections (a) and (b) of section 203’’ and inserting ‘‘section 203(a)’’; 3 (4) by striking ‘‘7’’ and inserting ‘‘15’’; and 4 (5) by striking ‘‘such subsections’’ and inserting 5 ‘‘such section’’. 6 (b) CONFORMING AMENDMENTS.—Section 202 of the 7 Immigration and Nationality Act (8 U.S.C. 1152) is 8 amended— 9 (1) in subsection (a)(3), by striking ‘‘both sub- 10 sections (a) and (b) of section 203’’ and inserting 11 ‘‘section 203(a)’’; 12 13 (2) in subsection (a)(4), by striking subparagraph (D); 14 (3) by striking subsection (a)(5); and 15 (4) by amending subsection (e) to read as fol- 16 lows: 17 ‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 18 If it is determined that the total number of immigrant 19 visas made available under section 203(a) to natives of 20 any single foreign state or dependent area will exceed the 21 numerical limitation specified in subsection (a)(2) in any 22 fiscal year, in determining the allotment of immigrant visa 23 numbers to natives under section 203(a), visa numbers 24 with respect to natives of that state or area shall be allo25 cated (to the extent practicable and otherwise consistent g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 192 1 with this section and section 203) in a manner so that, 2 except as provided in subsection (a)(4), the proportion of 3 the visa numbers made available under each of paragraphs 4 (1) and (2) of section 203(a) is equal to the ratio of the 5 total number of visas made available under the respective 6 paragraph to the total number of visas made available 7 under section 203(a).’’. 8 (c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 9 Chinese Student Protection Act of 1992 (8 U.S.C. 1255 10 note) is amended— 11 12 (1) in subsection (a), by striking ‘‘subsection (e))’’ and inserting ‘‘subsection (d))’’; and 13 (2) by striking subsection (d) and redesignating 14 subsection (e) as subsection (d). 15 (d) TRANSITION RULES FOR EMPLOYMENT-BASED 16 IMMIGRANTS.— 17 (1) IN to the succeeding 18 paragraphs of this subsection and notwithstanding 19 title II of the Immigration and Nationality Act (8 20 U.S.C. 1151 et seq.), the following rules shall apply: 21 (A) For fiscal year 2019, 15 percent of the 22 immigrant visas made available under each of 23 paragraphs (2) and (3) of section 203(b) of 24 such Act (8 U.S.C. 1153(b)) shall be allotted to 25 immigrants who are natives of a foreign state g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Subject 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 193 1 or dependent area that was not one of the two 2 states with the largest aggregate numbers of 3 natives obtaining immigrant visas during fiscal 4 year 2018 under such paragraphs. 5 (B) For fiscal year 2020, 10 percent of the 6 immigrant visas made available under each of 7 such paragraphs shall be allotted to immigrants 8 who are natives of a foreign state or dependent 9 area that was not one of the two states with the 10 largest aggregate numbers of natives obtaining 11 immigrant visas during fiscal year 2019 under 12 such paragraphs. 13 (C) For fiscal year 2021, 10 percent of the 14 immigrant visas made available under each of 15 such paragraphs shall be allotted to immigrants 16 who are natives of a foreign state or dependent 17 area that was not one of the two states with the 18 largest aggregate numbers of natives obtaining 19 immigrant visas during fiscal year 2020 under 20 such paragraphs. 21 (2) PER-COUNTRY 22 (A) RESERVED VISAS.—With respect to 23 the visas reserved under each of subparagraphs 24 (A) through (C) of paragraph (1), the number 25 of such visas made available to natives of any g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 LEVELS.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 194 1 single foreign state or dependent area in the ap- 2 propriate fiscal year may not exceed 25 percent 3 (in the case of a single foreign state) or 2 per- 4 cent (in the case of a dependent area) of the 5 total number of such visas. 6 (B) UNRESERVED respect to 7 the immigrant visas made available under each 8 of paragraphs (2) and (3) of section 203(b) of 9 such Act (8 U.S.C. 1153(b)) and not reserved 10 under paragraph (1), for each of fiscal years 11 2019, 2020, and 2021, not more than 85 per- 12 cent shall be allotted to immigrants who are na- 13 tives of any single foreign state. 14 (3) SPECIAL RULE TO PREVENT UNUSED 15 VISAS.—If, 16 2021, the operation of paragraphs (1) and (2) of 17 this subsection would prevent the total number of 18 immigrant visas made available under paragraph (2) 19 or (3) of section 203(b) of such Act (8 U.S.C. 20 1153(b)) from being issued, such visas may be 21 issued during the remainder of such fiscal year with- 22 out regard to paragraphs (1) and (2) of this sub- 23 section. 24 (4) 25 13:04 Jun 14, 2018 with respect to fiscal year 2019, 2020, or RULES FOR CHARGEABILITY.—Section 202(b) of such Act (8 U.S.C. 1152(b)) shall apply g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 VISAS.—With Jkt 000000 (697089 48) PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 195 1 in determining the foreign state to which an alien is 2 chargeable for purposes of this subsection. 3 (e) EFFECTIVE DATE.—The amendments made by 4 this section shall take effect as if enacted on September 5 30, 2018, and shall apply to fiscal years beginning with 6 fiscal year 2019. 7 SEC. 2103. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 8 (a) IN GENERAL.—Section 203(a) of the Immigra- 9 tion and Nationality Act (8 U.S.C. 1153(a)) is amended— 10 11 (1) in paragraph (1), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (2)’’; and 12 13 (2) by striking paragraphs (3) and (4). (b) CONFORMING AMENDMENTS.— 14 (1) PROCEDURE 15 STATUS.—Section 16 is amended— 17 GRANTING IMMIGRANT 204 of such Act (8 U.S.C. 1154) (A) in subsection (a)(1)— 18 (i) in subparagraph (A)(i), by striking 19 ‘‘paragraph (1), (3), or (4)’’ and inserting 20 ‘‘paragraph (1)’’; 21 (ii) in subparagraph (B)(i), by redes- 22 ignating the second subclause (I) as sub- 23 clause (II); and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FOR 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 196 1 (iii) in subparagraph (D)(i)(I), by 2 striking ‘‘paragraph (1), (2), or (3)’’ and 3 inserting ‘‘paragraph (1) or (2)’’; and 4 (B) in subsection (f)(1), by striking ‘‘, 5 203(a)(1), or 203(a)(3)’’ and inserting ‘‘or 6 203(a)(1)’’. 7 (2) WAIVERS OF INADMISSIBILITY.—Section 8 212 of such Act (8 U.S.C. 1182) is amended in sub- 9 section (d)(11), by striking ‘‘(other than paragraph 10 (4) thereof)’’. 11 (3) RULES FOR DETERMINING WHETHER CER- 12 TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 13 201(f) of such Act (8 U.S.C. 1151(f)) is amended— 14 (A) by striking paragraph (3); 15 (B) by redesignating paragraph (4) as 16 paragraph (3); and 17 (C) in paragraph (3), as redesignated, by 18 striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 19 and (2)’’. 20 (c) EFFECTIVE DATE.—The amendments made by 21 this section shall take effect on October 1, 2019. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 197 1 SEC. 2104. ALLOCATION OF IMMIGRANT VISAS FOR CONTIN- 2 GENT NONIMMIGRANTS AND CHILDREN OF 3 CERTAIN NONIMMIGRANTS. 4 (a) IN GENERAL.—Section 203 of the Immigration 5 and Nationality Act (8 U.S.C. 1153), as amended by this 6 title, is further amended— 7 (1) by inserting after subsection (b) the fol- 8 lowing: 9 ‘‘(c) ADJUSTMENT 10 IMMIGRANTS 11 IMMIGRANTS.— 12 CONTINGENT NON- CERTAIN NON- OF GENERAL.—Aliens subject to the world- 13 wide level specified in section 201(e) for immigrants 14 who shall be allotted visas in accordance with section 15 204(a)(1)(I) are— 16 ‘‘(A) contingent nonimmigrants; and 17 ‘‘(B) aliens described in paragraph (2). 18 19 ‘‘(2) ALIENS DESCRIBED.—An alien described in this paragraph is an alien who— 20 ‘‘(A) is the son or daughter of an alien ad- 21 mitted under— 22 ‘‘(i) 23 section 101(a)(15)(E)(i) 24 ‘‘(ii) section 101(a)(15)(H)(i)(b); or 25 ‘‘(iii) section 101(a)(15)(L); 13:04 Jun 14, 2018 or (E)(ii); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 CHILDREN AND ‘‘(1) IN FOR Jkt 000000 (697089 48) PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 198 1 ‘‘(B) initially entered the United States 2 aged less than 16 years as a dependent of the 3 parent described in subparagraph (A) while the 4 parent was in such status; 5 ‘‘(C) maintained— 6 ‘‘(i) lawful status for the 10-year pe- 7 riod prior to the date of the enactment of 8 the Border Security and Immigration Re- 9 form Act of 2018; and 10 ‘‘(ii) continuous physical presence in 11 the United States (except in accordance 12 with the terms of the alien’s visa or lawful 13 status) for the period described in clause 14 (i); and 15 ‘‘(D) was not in an unlawful immigration 16 status on the date on which the alien submits 17 a petition for an immigrant visa under section 18 204(a)(1)(I). 19 ‘‘(3) POINT alien seeking to be 20 classified as an immigrant under this subsection 21 shall submit a petition, in such form and manner as 22 the Secretary of Homeland Security may require, 23 setting forth such information as the Secretary may 24 require in order to make awards of points for that 25 petitioner in each of the following categories: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SYSTEM.—An 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 199 1 ‘‘(A) EDUCATION.—A petitioner shall be 2 awarded points for a single degree, equal to the 3 highest point award of the following for which 4 the petitioner is eligible: 5 ‘‘(i) 4 points for a diploma or degree 6 from a foreign school that is comparable to 7 a high school in the United States. 8 ‘‘(ii) 6 points for a diploma or degree 9 from a high school in the United States, or 10 the equivalent of such a diploma as recog- 11 nized under State law (such as a general 12 equivalency diploma, certificate of comple- 13 tion, or certificate of attendance). 14 ‘‘(iii) 8 points for an associate’s de- 15 gree (or the equivalent) from a foreign in- 16 stitution that is comparable to an institu- 17 tion of higher education in the United 18 States. 19 ‘‘(iv) 10 points for an associate’s de- 20 gree from an institution of higher edu- 21 cation in the United States. 22 ‘‘(v) 12 points for a bachelor’s degree 23 (or the equivalent) from a foreign institu- 24 tion that is comparable to an institution of 25 higher education in the United States. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 200 1 ‘‘(vi) 15 points for a degree from for 2 a recognized postsecondary credential (as 3 defined in section 3 of the Workforce Inno- 4 vation and Opportunity Act (29 U.S.C. 5 3102), including a certificate of completion 6 of an apprenticeship (including an appren- 7 ticeships registered under the Act of Au- 8 gust 16, 1937 (commonly known as the 9 ‘National Apprenticeship Act’; 50 Stat. 10 664, chapter 663; 29 U.S.C. 50 et seq.)), 11 except that such term does not include an 12 associate’s or bachelor’s degree). 13 ‘‘(vii) 15 points for a bachelor’s de- 14 gree from an institution of higher edu- 15 cation in the United States. 16 ‘‘(viii) 15 points for a graduate or 17 professional degree (or the equivalent) 18 from a foreign institution that is com- 19 parable to an institution of higher edu- 20 cation in the United States. 21 ‘‘(ix) 17 points for a degree described 22 in clause (v), which is in a field of science, 23 technology, engineering, or mathematics. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 201 1 ‘‘(x) 17 points for a graduate or pro- 2 fessional degree from an institution of 3 higher education in the United States. 4 ‘‘(xi) 22 points for a degree described 5 in clause (vii), which is in a field of 6 science, technology, engineering, or mathe- 7 matics. 8 ‘‘(xii) 24 points for a degree described 9 in clause (viii) or (x), which is in a field of 10 science, technology, engineering, or mathe- 11 matics. 12 ‘‘(xiii) 26 points for a doctoral degree 13 (or the equivalent) from a foreign institu- 14 tion that is comparable to an institution of 15 higher education in the United States. 16 ‘‘(xiv) 28 points for a doctoral degree 17 from an institution of higher education in 18 the United States. 19 ‘‘(xv) 30 points for a degree described 20 in clause (x), which is in a field of science, 21 technology, engineering, or mathematics 22 from a covered institution. 23 ‘‘(xvi) 30 points for a doctorate of 24 medicine (or the equivalent) from a foreign 25 graduate medical school that is comparable g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 202 1 to a graduate medical school at an institu- 2 tion of higher education in the United 3 States. 4 ‘‘(xvii) 34 points for a degree de- 5 scribed in clause (xiii) or (xiv), which is in 6 a field of science, technology, engineering, 7 or mathematics. 8 ‘‘(xviii) 34 points for a doctorate of 9 medicine from graduate medical school at 10 an institution of higher education in the 11 United States. 12 ‘‘(xix) 40 points for a degree de- 13 scribed in clause (xiv), which is in a field 14 of science, technology, engineering, or 15 mathematics from a covered institution. 16 ‘‘(B) EMPLOYMENT.—A petitioner shall be 17 awarded points for each 2-year period in which 18 the petitioner is employed on a full-time basis, 19 equal to 1⁄3 of the points awarded under sub- 20 paragraph (A) for the lowest degree that is re- 21 quired for any position held during such period. 22 A single period of not more than 2 weeks dur- 23 ing which a petitioner is unemployed, but is in 24 receipt of a job offer, shall not be considered to 25 interrupt a period of employment. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 203 1 ‘‘(C) MILITARY petitioner 2 shall be awarded points for service in the 3 Armed Forces equal to 30 points for any alien 4 who served as a member of a regular or reserve 5 component of the Armed Forces in an active 6 duty status for not less than 3 years, and, if 7 discharged, received a discharge other than dis- 8 honorable. 9 ‘‘(D) ENGLISH LANGUAGE PROFICIENCY.— 10 A petitioner shall be awarded points for English 11 proficiency equal to the highest of the following 12 for which the petitioner is eligible: 13 ‘‘(i) 2 points for a score in the 5th 14 decile on an English language proficiency 15 test. 16 ‘‘(ii) 6 points for a score in the 6th 17 decile on an English language proficiency 18 test. 19 ‘‘(iii) 7 points for a score in the 7th 20 decile on an English language proficiency 21 test. 22 ‘‘(iv) 8 points for a score in the 8th 23 decile on an English language proficiency 24 test. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 SERVICE.—A 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 204 1 ‘‘(v) 9 points for a score in the 9th 2 decile on an English language proficiency 3 test. 4 ‘‘(vi) 10 points for a score in the 10th 5 decile on an English language proficiency 6 test. 7 8 ‘‘(4) TOTAL MISSIONS; VERIFICATION.— 9 ‘‘(A) TOTAL POINT SCORE.—The total 10 point score for a petitioner is equal to sum of 11 the points awarded under each of subpara- 12 graphs (A), (B), (C), and (D) of paragraph (3). 13 ‘‘(B) SUBSEQUENT SUBMISSIONS.—The 14 alien may amend the petition under this sub- 15 section at any point after the initial filing to 16 provide information for purposes of new point 17 awards for which the alien may be eligible. 18 ‘‘(C) DURATION OF PETITION VALIDITY.— 19 A petition under this subsection shall be valid 20 until the date on which the petition is granted 21 or denied, without regard to the date and fiscal 22 year of the initial filing. 23 ‘‘(D) VERIFICATION.—Prior to the 24 issuance of any visa under this subsection, the 25 Secretary shall verify that the information in g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 POINT SCORE; SUBSEQUENT SUB- 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 205 1 the petition remains accurate as of the time of 2 the visa issuance. 3 ‘‘(5) DEFINITIONS.— 4 ‘‘(A) IELTS.—The term ‘IELTS’ means 5 the International English Language Testing 6 System. 7 ‘‘(B) TOEFL.—The term ‘TOEFL’ means 8 the Test of English as a Foreign Language. 9 ‘‘(C) ENGLISH 10 TEST.—The 11 test’ means— PROFICIENCY term ‘English language proficiency 12 ‘‘(i) the International English Lan- 13 guage Testing System (IELTS), as admin- 14 istered by a partnership between the Brit- 15 ish Council, IDP Education, and Cam- 16 bridge English Language Assessment; 17 ‘‘(ii) the Test of English as a Foreign 18 Language (TOEFL), as administered by 19 the Educational Testing Service; or 20 ‘‘(iii) any other test to measure 21 English proficiency that has been approved 22 by the Commissioner of U.S. Citizenship 23 and Immigration Services that meets the 24 standards g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 LANGUAGE 13:04 Jun 14, 2018 Jkt 000000 of English-language ability (697089 48) PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 206 1 measurement and anti-fraud integrity set 2 by the IELTS or the TOEFL. 3 ‘‘(D) FIELD 4 ENGINEERING, OR MATHEMATICS.—The 5 ‘field of science, technology, engineering, or 6 mathematics’ means a field included in the De- 7 partment of Education’s Classification of In- 8 structional Programs taxonomy within the sum- 9 mary groups of computer and information 10 sciences and support services, engineering, bio- 11 logical and biomedical sciences, mathematics 12 and statistics, physical sciences, and the series 13 geography and cartography (series 45.07), ad- 14 vanced/graduate dentistry and oral sciences (se- 15 ries 51.05) and nursing (series 51.38). 16 ‘‘(E) HIGH SCHOOL.—The term term ‘high 17 school’ has the meaning given such term in sec- 18 tion 8101 of the Elementary and Secondary 19 Education Act of 1965 (20 U.S.C. 7801). 20 ‘‘(F) 21 CATION.—The 22 cation’ has the meaning given that term in sec- 23 tion 102(a)(1) of the Higher Education Act of 24 1965 (20 U.S.C. 1002(a)(1)), except that such 25 term does not include an institution outside the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF SCIENCE, TECHNOLOGY, 13:04 Jun 14, 2018 Jkt 000000 INSTITUTION OF HIGHER EDU- term ‘institution of higher edu- (697089 48) PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 207 1 United States described in subparagraph (C) of 2 such section. 3 ‘‘(G) COVERED term 4 ‘covered institution’ means an institution that— 5 ‘‘(i) is an institution of higher edu- 6 cation; 7 ‘‘(ii) as classified by the Carnegie 8 Foundation for the Advancement of Teach- 9 ing on January 1, 2019, as a doctorate- 10 granting university with a very high or 11 high level of research activity or classified 12 by the National Science Foundation after 13 the date of enactment of this paragraph, 14 pursuant to an application by the institu- 15 tion, as having equivalent research activity 16 to those institutions that had been classi- 17 fied by the Carnegie Foundation as being 18 doctorate-granting universities with a very 19 high or high level of research activity; and 20 ‘‘(iii) has been in existence for at least 21 10 years. 22 ‘‘(H) FULL-TIME.—The term ‘full-time’ 23 means— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 INSTITUTION.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 208 1 ‘‘(i) in the case of an individual who 2 is not described in clause (ii), not less than 3 35 hours per week; or 4 ‘‘(ii) in the case of an individual who 5 is enrolled in and is in regular attendance 6 at a high school or institution of education 7 within the United States, or who is the pri- 8 mary caregiver of— 9 ‘‘(I) a child under 18 years of 10 age; or 11 ‘‘(II) a child 18 years of age or 12 over, spouse, parent, grandparent, or 13 sibling, who is incapable of self-care 14 because of a mental or physical dis- 15 ability or who has a serious injury or 16 illness (as such term is defined in sec- 17 tion 101(18) of the Family and Med- 18 ical Leave Act of 1993 (29 U.S.C. 19 2611(18))), 20 not less than 20 hours per week.’’; and 21 (2) in subsection (e), by inserting after para- 22 graph (1), the following: 23 ‘‘(2) Immigrant visas made available under sub- 24 section (c) shall be issued in accordance with the fol- 25 lowing: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 209 1 ‘‘(A) The Secretary of Homeland Security 2 shall, periodically but not less than once each 3 fiscal year, make final determinations with re- 4 gard to that period of the point values allocated 5 to applicants in accordance with subsection 6 (c)(3) through (5). 7 ‘‘(B) The Secretary shall first determine 8 the applicant who is described under subsection 9 (c)(2) who is the son or daughter of an alien 10 admitted under section 101(a)(15)(E)(i) or (ii) 11 and who has the highest total point score great- 12 er than 12 calculated for that period under sub- 13 section (c)(4)(A) of all such applicants, and 14 shall issue a visa to such applicant. 15 ‘‘(C) The Secretary shall next determine 16 the applicant who is described under subsection 17 (c)(2) who is the son or daughter of an alien 18 admitted under section 101(a)(15)(H)(i)(b) and 19 who has the highest total point score greater 20 than 12 calculated for that period under sub- 21 section (c)(4)(A) of all such applicants, and 22 shall issue a visa to such applicant. 23 ‘‘(D) The Secretary shall next determine 24 the applicant who is described under subsection 25 (c)(2) who is the son or daughter of an alien g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 210 1 admitted under section 101(a)(15)(L) and who 2 has the highest total point score greater than 3 12 calculated for that period under subsection 4 (c)(4)(A) of all such applicants, and shall issue 5 a visa to such applicant. 6 ‘‘(E) The Secretary shall next determine 7 the applicant who is described under subsection 8 (c)(2) who is a contingent nonimmigrant and 9 who has the highest total point score greater 10 than 12 calculated for that period under sub- 11 section (c)(4)(A) of all such applicants, and 12 shall issue a visa to such applicant. 13 ‘‘(F) The Secretary shall then repeat the 14 process specified in subparagraphs (B) through 15 (E) until all visas made available for that pe- 16 riod have been issued. If no applicants remain 17 for any such category, the Secretary shall ex- 18 clude that category from further consideration 19 for that period. 20 ‘‘(G) In any case in which more than one 21 petitioner in a category under this paragraph 22 has the same total point score, the Secretary 23 shall issue the visa to the applicant whose peti- 24 tion was filed earliest. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 211 1 ‘‘(H) No petitioner with a total point score 2 which is less than 12 may be issued a visa 3 under this paragraph.’’. 4 (b) WORLDWIDE LEVEL.—Section 201 of the Immi- 5 gration and Nationality Act (8 U.S.C. 1151), as amended 6 by this title, is further amended— 7 8 (1) in subsection (a), by inserting after paragraph (2) the following: 9 ‘‘(3) for fiscal years beginning with fiscal year 10 2025, immigrants who are aliens described in section 11 203(c) in a number not to exceed in any fiscal year 12 the number specified in subsection (e) for that year, 13 and not to exceed in any of the first 3 quarters of 14 any fiscal year 27 percent of the worldwide level 15 under such subsection for all of such fiscal year.’’. 16 (2) by inserting after subsection (d) the fol- 17 lowing: 18 ‘‘(e) WORLDWIDE LEVEL 19 IMMIGRANTS 20 IMMIGRANTS.—The AND CERTAIN FOR CONTINGENT NON- CHILDREN OF NON- worldwide level of immigrants who 21 may receive a visa under section 203(c) is equal to— 22 ‘‘(1) 470,000 for fiscal year 2025; and 23 ‘‘(2) 78,400 for each fiscal year thereafter, plus 24 any visas under this subsection for the prior fiscal 25 year that are unused.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 212 1 2 (c) PROCEDURE TUS.—Section FOR GRANTING IMMIGRANT STA- 204(a)(1) of the Immigration and Nation- 3 ality Act (8 U.S.C. 1154(a)(1)), as amended by this title, 4 is further amended by inserting after subparagraph (H) 5 the following: 6 ‘‘(I)(i) A contingent nonimmigrant or an 7 alien described in section 203(c)(2) desiring to 8 be provided an immigrant visa under section 9 203(c) may file a petition during the period de- 10 scribed in clause (ii) at the place determined by 11 the Secretary of Homeland Security by regula- 12 tion. 13 ‘‘(ii)(I) A contingent nonimmigrant may 14 file a petition for an immigrant visa under sec- 15 tion 203(c) during the period beginning on the 16 date on which the alien obtained contingent 17 nonimmigrant status under section 1103(a) of 18 the Border Security and Immigration Reform 19 Act of 2018, and ending on the date that is 5 20 years after such date. 21 ‘‘(II) alien described in section 22 203(c)(2) may file a petition for an immigrant 23 visa under section 203(c) during the period be- 24 ginning on October 1, 2019, and ending on Oc- 25 tober 1, 2020.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 An 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 213 1 (d) EFFECTIVE DATE.—This section and the amend- 2 ments made by this section shall take effect on October 3 1, 2019. 4 SEC. 2105. SUNSET OF ADJUSTMENT VISAS FOR CONDI- 5 TIONAL NONIMMIGRANTS AND CHILDREN OF 6 CERTAIN NONIMMIGRANTS. 7 (a) SUNSET.— 8 (1) IN 9 10 GENERAL.—Section tion and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). 11 (2) TECHNICAL AND CONFORMING 12 MENTS.—The 13 U.S.C. 1101 et seq.) is amended— 14 AMEND- Immigration and Nationality Act (8 (A) in section 201— 15 (i) in subsection (a)— 16 (I) in paragraph (1), by adding 17 ‘‘and’’ at the end; and 18 (II) by striking paragraph (3); 19 and 20 (ii) by striking subsection (e); 21 (B) in section 203(e), by striking para- 22 graph (2) and redesignating paragraph (3) as 23 paragraph (2); and 24 (C) in section 204— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 203 of the Immigra- 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 214 1 (i) in subsection (a)(1), by striking 2 subparagraph (I); and 3 (ii) in subsection (e), by striking ‘‘sub- 4 section (a), (b), or (c) of section 203’’ and 5 inserting ‘‘subsection (a) or (b) of section 6 203’’. 7 (3) EFFECTIVE subsection and the 8 amendments made by this subsection shall take ef- 9 fect on the first day of the first full fiscal year after 10 the date on which no alien has a petition for an im- 11 migrant visa or adjustment of status under section 12 203(c) of the Immigration and Nationality Act (8 13 U.S.C. 1153(c)), or any appeal thereto, pending. 14 (4) ESCROW 15 (A) IN FOR PENDING APPLICATIONS.— GENERAL.—On the date of the ef- 16 fective date of this subsection, a number of im- 17 migrant visas equal to the number of aliens in 18 contingent nonimmigrant status as of such date 19 shall be made available for award to covered 20 aliens in accordance with section 203(c) of the 21 Immigration and Nationality Act, as in effect, 22 prior to the effective date of this subsection. 23 (B) COVERED ALIEN.—For purposes of 24 this paragraph, the term ‘‘covered alien’’ means 25 an alien who— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DATE.—This 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 215 1 (i) on the date on which the applica- 2 tion period under section 204(a)(1)(I) of 3 the Immigration and Nationality Act, as in 4 effect on the day prior to the effective date 5 of this subsection, ended had an applica- 6 tion pending for contingent nonimmigrant 7 status; and 8 (ii) was granted contingent non- 9 immigrant status on or after the effective 10 date of this subsection. 11 12 (b) REALLOCATION TO OF 4TH PRIORITY FAMILY VISAS EMPLOYMENT CATEGORIES.— 13 (1) WORLDWIDE LEVEL OF EMPLOYMENT- 14 BASED IMMIGRANTS.—Section 15 gration and Nationality Act (8 U.S.C. 1151(d)) is 16 amended to read as follows: 17 ‘‘(d) WORLDWIDE LEVEL OF 201(d) of the Immi- EMPLOYMENT-BASED 18 IMMIGRANTS.—The worldwide level of employment-based 19 immigrants under this subsection for a fiscal year is equal 20 to 205,000 (except that for fiscal year 2020, such level 21 is equal to 175,000).’’. 22 (2) PREFERENCE 23 MENT-BASED IMMIGRANTS.—Section 24 Immigration and Nationality Act (8 U.S.C. 1153(b)) 25 is amended— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ALLOCATION FOR EMPLOY- 13:04 Jun 14, 2018 Jkt 000000 203(b) of the (697089 48) PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 216 1 (A) in paragraph (1), in the matter pre- 2 ceding subparagraph (A), by striking ‘‘28.6 per- 3 cent of such worldwide level’’ and inserting 4 ‘‘60,040 (except that for fiscal year 2020, such 5 number is equal to 50,040)’’; 6 (B) in paragraph (2)(A), by striking ‘‘28.6 7 percent of such worldwide level’’ and inserting 8 ‘‘60,040 (except that for fiscal year 2020, such 9 number is equal to 50,040)’’; 10 (C) in paragraph (3)(A), by striking ‘‘28.6 11 percent of such worldwide level’’ and inserting 12 ‘‘60,040 (except that for fiscal year 2020, such 13 number is equal to 50,040)’’; 14 (D) in paragraph (4), by striking ‘‘7.1 per- 15 cent of such worldwide level’’ and inserting 16 ‘‘14,940’’; and 17 (E) in paragraph (5)(A), by striking ‘‘7.1 18 percent of such worldwide level’’ and inserting 19 ‘‘9,940’’. 20 (3) EFFECTIVE subsection and the 21 amendments made by this subsection shall take ef- 22 fect beginning on October 1, 2019. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DATE.—This 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 217 1 2 SEC. 2106. IMPLEMENTATION. Not later than September 30, 2019, the Secretary of 3 Homeland Security shall publish interim final rules imple4 menting this title and the amendments made by this title. 5 SEC. 2107. REPEAL OF SUSPENSION OF DEPORTATION AND 6 ADJUSTMENT 7 ALIENS. 8 (a) REPEAL OF OF STATUS TEMPORARY FOR CERTAIN REDUCTION OF 9 VISAS.—Section 203 of the Nicaraguan Adjustment and 10 Central American Relief Act is amended— 11 12 (1) by striking subsection (d) (8 U.S.C. 1151 note); and 13 (2) by striking subsection (e) (8 U.S.C. 1153 14 note). 15 (b) REPEAL CERTAIN TRANSITION RULE.—Sec- OF 16 tion 309 of the Illegal Immigration Reform and Immi17 grant Responsibility Act of 1996 (Public Law 104-208; 18 division C; 8 U.S.C. 1101 note) is amended— 19 20 (1) in subsection (c)(5), by striking subparagraph (C); 21 (2) by striking subsection (f); 22 (3) by striking subsection (g); and 23 (4) by striking subsection (h). 24 (c) REPEAL OF EXCEPTION 25 FROM ANNUAL LIMITATION 26 MOVALS.—Paragraph g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 ON FOR CERTAIN ALIENS CANCELLATION OF RE- (3) of section 240A(e) of the Immi- (697089 48) PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 218 1 gration and Nationality Act (8 U.S.C. 1229b(e)) is 2 amended to read as follows: 3 ‘‘(3) EXCEPTION FOR CERTAIN ALIENS.—Para- 4 graph (1) shall not apply to aliens in deportation 5 proceedings prior to April 1, 1997, who applied for 6 suspension of deportation under section 244(a)(3) 7 (as in effect before the date of the enactment of the 8 Illegal Immigration Reform and Immigrant Respon- 9 sibility Act of 1996).’’. 10 (d) TRANSITION RULE.—The amendments made by 11 this section shall take effect on October 1, 2019. 15 TITLE III—UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION ENFORCEMENT 16 SEC. 3101. REPATRIATION OF UNACCOMPANIED ALIEN 12 13 14 17 18 CHILDREN. (a) IN GENERAL.—Section 235 of the William Wil- 19 berforce Trafficking Victims Protection Reauthorization 20 Act of 2008 (8 U.S.C. 1232) is amended— 21 (1) in subsection (a)— 22 (A) in paragraph (2)— 23 (i) by amending the heading to read 24 as follows: ‘‘RULES 25 ALIEN CHILDREN.—’’; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 FOR UNACCOMPANIED (697089 48) PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 219 1 (ii) in subparagraph (A)— 2 (I) in the matter preceding clause 3 (i), by striking ‘‘who is a national or 4 habitual resident of a country that is 5 contiguous with the United States’’; 6 (II) in clause (i), by inserting 7 ‘‘and’’ at the end; 8 (III) in clause (ii), by striking ‘‘; 9 and’’ and inserting a period; and 10 (IV) by striking clause (iii); 11 (iii) in subparagraph (B)— 12 (I) in the matter preceding clause 13 (i), by striking ‘‘(8 U.S.C. 1101 et 14 seq.) 15 U.S.C. 1101 et seq.)—’’; and inserting ‘‘(8 16 (II) in clause (i), by inserting be- 17 fore ‘‘permit such child to withdraw’’ 18 the following: ‘‘may’’; and 19 (III) in clause (ii), by inserting 20 before ‘‘return such child’’ the fol- 21 lowing: ‘‘shall’’; and 22 (iv) in subparagraph (C)— 23 (I) by amending the heading to 24 read as follows: ‘‘AGREEMENTS 25 FOREIGN COUNTRIES.—’’; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 may—’’ 13:04 Jun 14, 2018 Jkt 000000 WITH and (697089 48) PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 220 1 (II) in the matter preceding 2 clause (i), by striking ‘‘The Secretary 3 of State shall negotiate agreements 4 between the United States and coun- 5 tries contiguous to the United States’’ 6 and inserting ‘‘The Secretary of State 7 may negotiate agreements between the 8 United States and any foreign country 9 that the Secretary determines appro- 10 priate’’; 11 (B) redesignating paragraphs (3) 12 through (5) as paragraphs (4) through (6), re- 13 spectively, and inserting after paragraph (2) the 14 following: 15 ‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC- 16 COMPANIED ALIEN CHILDREN.—An 17 alien child shall be interviewed by a dedicated U.S. 18 Citizenship and Immigration Services immigration 19 officer with specialized training in interviewing child 20 trafficking victims. Such officer shall be in plain 21 clothes and shall not carry a weapon. The interview 22 shall occur in a private room.’’; and 23 nated)— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 unaccompanied (C) in paragraph (6)(D) (as so redesig- 24 VerDate 0ct 09 2002 by Jkt 000000 (697089 48) PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 221 1 (i) in the matter preceding clause (i), 2 by striking ‘‘, except for an unaccompanied 3 alien child from a contiguous country sub- 4 ject to exceptions under subsection (a)(2),’’ 5 and inserting ‘‘who does not meet the cri- 6 teria listed in paragraph (2)(A)’’; and 7 (ii) in clause (i), by inserting before 8 the semicolon at the end the following: ‘‘, 9 which shall include a hearing before an im- 10 migration judge not later than 14 days 11 after being screened under paragraph (4)’’; 12 (2) in subsection (b)— 13 (A) in paragraph (2)— 14 (i) in subparagraph (A), by inserting 15 before the semicolon the following: ‘‘be- 16 lieved not to meet the criteria listed in sub- 17 section (a)(2)(A)’’; and 18 (ii) in subparagraph (B), by inserting 19 before the period the following: ‘‘and does 20 not meet the criteria listed in subsection 21 (a)(2)(A)’’; and 22 (B) in paragraph (3), by striking ‘‘an un- 23 accompanied alien child in custody shall’’ and 24 all that follows, and inserting the following: ‘‘an 25 unaccompanied alien child in custody— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 222 1 ‘‘(A) in the case of a child who does not 2 meet the criteria listed in subsection (a)(2)(A), 3 shall transfer the custody of such child to the 4 Secretary of Health and Human Services not 5 later than 30 days after determining that such 6 child is an unaccompanied alien child who does 7 not meet such criteria; or 8 ‘‘(B) in the case of child who meets the 9 criteria listed in subsection (a)(2)(A), may 10 transfer the custody of such child to the Sec- 11 retary of Health and Human Services after de- 12 termining that such child is an unaccompanied 13 alien child who meets such criteria.’’; and 14 (3) in subsection (c)— 15 (A) in paragraph (3), by inserting at the 16 end the following: 17 ‘‘(D) INFORMATION 18 WITH WHOM CHILDREN ARE PLACED.— 19 ‘‘(i) INFORMATION TO BE PROVIDED 20 TO HOMELAND SECURITY.—Before 21 a child with an individual, the Secretary of 22 Health and Human Services shall provide 23 to the Secretary of Homeland Security, re- 24 garding the individual with whom the child 25 will be placed, the following information: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ABOUT INDIVIDUALS 13:04 Jun 14, 2018 Jkt 000000 placing (697089 48) PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 223 1 ‘‘(I) The name of the individual. 2 ‘‘(II) The social security number 3 of the individual, if available. 4 ‘‘(III) The date of birth of the in- 5 dividual. 6 ‘‘(IV) The location of the individ- 7 ual’s residence where the child will be 8 placed. 9 ‘‘(V) The immigration status of 10 the individual, if known. 11 ‘‘(VI) Contact information for 12 the individual. 13 ‘‘(ii) SPECIAL the case of a 14 child who was apprehended on or after the 15 effective date of this clause, and before the 16 date of the enactment of this subpara- 17 graph, who the Secretary of Health and 18 Human Services placed with an individual, 19 the Secretary shall provide the information 20 listed in clause (i) to the Secretary of 21 Homeland Security not later than 90 days 22 after such date of enactment.’’; and 23 (B) in paragraph (5)— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 RULE.—In 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 224 1 (i) by inserting after ‘‘to the greatest 2 extent practicable’’ the following: ‘‘(at no 3 expense to the Government)’’; and 4 (ii) by striking ‘‘have counsel to rep- 5 resent them’’ and inserting ‘‘have access to 6 counsel to represent them’’. 7 (b) EFFECTIVE DATE.—The amendments made by 8 this section shall apply to any unaccompanied alien child 9 apprehended on or after the date of enactment. 10 SEC. 3102. CLARIFICATION OF STANDARDS FOR FAMILY DE- 11 12 TENTION. (a) IN GENERAL.—Section 235 of the William Wil- 13 berforce Trafficking Victims Protection Reauthorization 14 Act of 2008 (8 U.S.C. 1232) is amended by adding at 15 the end the following: 16 ‘‘(j) CONSTRUCTION.— 17 ‘‘(1) IN any other 18 provision of law, judicial determination, consent de- 19 cree, or settlement agreement, the detention of any 20 alien child who is not an unaccompanied alien child 21 shall be governed by sections 217, 235, 236, and 22 241 of the Immigration and Nationality Act (8 23 U.S.C. 1187, 1225, 1226, and 1231). There exists 24 no presumption that an alien child who is not an un- 25 accompanied alien child should not be detained, and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Notwithstanding 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 225 1 all such determinations shall be in the discretion of 2 the Secretary of Homeland Security. 3 ‘‘(2) RELEASE 4 COMPANIED ALIENS.—In 5 alien minor who is not an unaccompanied alien child 6 be released by the Secretary of Homeland Security 7 other than to a parent or legal guardian.’’. 8 (b) EFFECTIVE DATE.—The amendment made by OF MINORS OTHER THAN UNAC- no circumstances shall an 9 subsection (a) shall take effect on the date of the enact10 ment of this Act and shall apply to all actions that occur 11 before, on, or after the date of the enactment of this Act. 12 13 SEC. 3103. DETENTION OF DANGEROUS ALIENS. Section 241(a) of the Immigration and Nationality 14 Act (8 U.S.C. 1231(a)) is amended— 15 (1) by striking ‘‘Attorney General’’ each place 16 it appears, except for the first reference in para- 17 graph (4)(B)(i), and inserting ‘‘Secretary of Home- 18 land Security’’; 19 20 (2) in paragraph (1), by amending subparagraph (B) to read as follows: 21 ‘‘(B) BEGINNING PERIOD.—The re- 22 moval period begins on the latest of the fol- 23 lowing: 24 ‘‘(i) The date the order of removal be- 25 comes administratively final. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 226 1 ‘‘(ii) If the alien is not in the custody 2 of the Secretary on the date the order of 3 removal becomes administratively final, the 4 date the alien is taken into such custody. 5 ‘‘(iii) If the alien is detained or con- 6 fined (except under an immigration proc- 7 ess) on the date the order of removal be- 8 comes administratively final, the date the 9 alien is taken into the custody of the Sec- 10 retary, after the alien is released from such 11 detention or confinement.’’; 12 13 (3) in paragraph (1), by amending subparagraph (C) to read as follows: 14 ‘‘(C) SUSPENSION 15 ‘‘(i) EXTENSION.—The removal period 16 shall be extended beyond a period of 90 17 days and the Secretary may, in the Sec- 18 retary’s sole discretion, keep the alien in 19 detention during such extended period if— 20 ‘‘(I) the alien fails or refuses to 21 make all reasonable efforts to comply 22 with the removal order, or to fully co- 23 operate with the Secretary’s efforts to 24 establish the alien’s identity and carry 25 out the removal order, including mak- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF PERIOD.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 227 1 ing timely application in good faith 2 for travel or other documents nec- 3 essary to the alien’s departure or con- 4 spires or acts to prevent the alien’s 5 removal that is subject to an order of 6 removal; 7 ‘‘(II) a court, the Board of Immi- 8 gration Appeals, or an immigration 9 judge orders a stay of removal of an 10 alien who is subject to an administra- 11 tively final order of removal; 12 ‘‘(III) the Secretary transfers 13 custody of the alien pursuant to law 14 to another Federal agency or a State 15 or local government agency in connec- 16 tion with the official duties of such 17 agency; or 18 ‘‘(IV) a court or the Board of 19 Immigration Appeals orders a remand 20 to an immigration judge or the Board 21 of Immigration Appeals, during the 22 time period when the case is pending 23 a decision on remand (with the re- 24 moval period beginning anew on the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 228 1 date that the alien is ordered removed 2 on remand). 3 ‘‘(ii) RENEWAL.—If the removal pe- 4 riod has been extended under subpara- 5 graph (C)(i), a new removal period shall be 6 deemed to have begun on the date— 7 ‘‘(I) the alien makes all reason- 8 able efforts to comply with the re- 9 moval order, or to fully cooperate with 10 the Secretary’s efforts to establish the 11 alien’s identity and carry out the re- 12 moval order; 13 ‘‘(II) the stay of removal is no 14 longer in effect; or 15 ‘‘(III) the alien is returned to the 16 custody of the Secretary. 17 ‘‘(iii) MANDATORY FOR 18 CERTAIN ALIENS.—In 19 described in subparagraphs (A) through 20 (D) of section 236(c)(1), the Secretary 21 shall keep that alien in detention during 22 the extended period described in clause (i). 23 ‘‘(iv) SOLE the case of an alien FORM OF RELIEF.—An 24 alien may seek relief from detention under 25 this subparagraph only by filing an appli- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DETENTION 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 229 1 cation for a writ of habeas corpus in ac- 2 cordance with chapter 153 of title 28, 3 United States Code. No alien whose period 4 of detention is extended under this sub- 5 paragraph shall have the right to seek re- 6 lease on bond.’’; 7 (4) in paragraph (3)— 8 (A) by adding after ‘‘If the alien does not 9 leave or is not removed within the removal pe- 10 riod’’ the following: ‘‘or is not detained pursu- 11 ant to paragraph (6) of this subsection’’; and 12 (B) by striking subparagraph (D) and in- 13 serting the following: 14 ‘‘(D) to obey reasonable restrictions on the 15 alien’s conduct or activities that the Secretary 16 prescribes for the alien, in order to prevent the 17 alien from absconding, for the protection of the 18 community, or for other purposes related to the 19 enforcement of the immigration laws.’’; 20 (5) in paragraph (4)(A), by striking ‘‘paragraph 21 (2)’’ and inserting ‘‘subparagraph (B)’’; and 22 23 (6) by striking paragraph (6) and inserting the following: 24 25 ‘‘(6) ADDITIONAL RELEASE OF CERTAIN ALIENS.— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 RULES FOR DETENTION OR Jkt 000000 (697089 48) PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 230 1 ‘‘(A) DETENTION 2 COOPERATIVE ALIENS ESTABLISHED.—For 3 alien who is not otherwise subject to mandatory 4 detention, who has made all reasonable efforts 5 to comply with a removal order and to cooper- 6 ate fully with the Secretary of Homeland Secu- 7 rity’s efforts to establish the alien’s identity and 8 carry out the removal order, including making 9 timely application in good faith for travel or 10 other documents necessary to the alien’s depar- 11 ture, and who has not conspired or acted to 12 prevent removal, the Secretary shall establish 13 an administrative review process to determine 14 whether the alien should be detained or released 15 on conditions. The Secretary shall make a de- 16 termination whether to release an alien after 17 the removal period in accordance with subpara- 18 graph (B). The determination shall include con- 19 sideration of any evidence submitted by the 20 alien, and may include consideration of any 21 other evidence, including any information or as- 22 sistance provided by the Secretary of State or 23 other Federal official and any other information 24 available to the Secretary of Homeland Security 25 pertaining to the ability to remove the alien. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 REVIEW PROCESS FOR 13:04 Jun 14, 2018 Jkt 000000 an (697089 48) PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 231 1 ‘‘(B) AUTHORITY 2 MOVAL PERIOD.— 3 ‘‘(i) IN GENERAL.—The Secretary of 4 Homeland Security, in the exercise of the 5 Secretary’s sole discretion, may continue to 6 detain an alien for 90 days beyond the re- 7 moval period (including any extension of 8 the removal period as provided in para- 9 graph (1)(C)). An alien whose detention is 10 extended under this subparagraph shall 11 have no right to seek release on bond. 12 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 13 Secretary of Homeland Security, in the ex- 14 ercise of the Secretary’s sole discretion, 15 may continue to detain an alien beyond the 16 90 days authorized in clause (i)— 17 ‘‘(I) until the alien is removed, if 18 the Secretary, in the Secretary’s sole 19 discretion, determines that there is a 20 significant likelihood that the alien— 21 ‘‘(aa) will be removed in the 22 reasonably foreseeable future; or 23 ‘‘(bb) would be removed in 24 the reasonably foreseeable future, 25 or would have been removed, but g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 TO DETAIN BEYOND RE- 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 232 1 for the alien’s failure or refusal 2 to make all reasonable efforts to 3 comply with the removal order, 4 or to cooperate fully with the 5 Secretary’s efforts to establish 6 the alien’s identity and carry out 7 the 8 making 9 good faith for travel or other doc- 10 uments necessary to the alien’s 11 departure, or conspires or acts to 12 prevent removal; 13 ‘‘(II) until the alien is removed, 14 if the Secretary of Homeland Security 15 certifies in writing— order, timely including application in 16 ‘‘(aa) in consultation with 17 the Secretary of Health and 18 Human Services, that the alien 19 has a highly contagious disease 20 that poses a threat to public safe- 21 ty; 22 ‘‘(bb) after receipt of a writ- 23 ten recommendation from the 24 Secretary of State, that release 25 of the alien is likely to have seri- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 removal 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 233 1 ous adverse foreign policy con- 2 sequences for the United States; 3 ‘‘(cc) based on information 4 available to the Secretary of 5 Homeland 6 classified, sensitive, or national 7 security information, and without 8 regard to the grounds upon 9 which the alien was ordered re- 10 moved), that there is reason to 11 believe that the release of the 12 alien would threaten the national 13 security of the United States; or 14 ‘‘(dd) that the release of the 15 alien will threaten the safety of 16 the community or any person, 17 conditions of release cannot rea- 18 sonably be expected to ensure the 19 safety of the community or any 20 person, and either (AA)— (including 21 ‘‘(AA) the alien has 22 been convicted of (aaa) one 23 or more aggravated felonies 24 (as 25 101(a)(43)(A)), (bbb) one or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 Security 13:04 Jun 14, 2018 Jkt 000000 defined in section (697089 48) PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 234 1 more crimes identified by 2 the Secretary of Homeland 3 Security by regulation, if the 4 aggregate term of imprison- 5 ment for such crimes is at 6 least 5 years, or (ccc) one or 7 more attempts or conspir- 8 acies to commit any such 9 aggravated felonies or such 10 identified crimes, if the ag- 11 gregate term of imprison- 12 ment for such attempts or 13 conspiracies is at least 5 14 years; or 15 ‘‘(BB) the alien has 16 committed one or more vio- 17 lent crimes (as referred to in 18 section 101(a)(43)(F), but 19 not including a purely polit- 20 ical offense) and, because of 21 a mental condition or per- 22 sonality disorder and behav- 23 ior associated with that con- 24 dition or disorder, the alien g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 235 1 is likely to engage in acts of 2 violence in the future; or 3 ‘‘(III) a certification 4 under subclause (II), so long as the 5 Secretary of Homeland Security has 6 initiated the administrative review 7 process not later than 30 days after 8 the expiration of the removal period 9 (including any extension of the re- 10 moval period, as provided in para- 11 graph (1)(C)). 12 ‘‘(iii) NO RIGHT TO BOND HEARING.— 13 An alien whose detention is extended under 14 this subparagraph shall have no right to 15 seek release on bond, including by reason 16 of a certification under clause (ii)(II). 17 ‘‘(C) RENEWAL 18 AND DELEGATION OF CER- TIFICATION.— 19 ‘‘(i) RENEWAL.—The Secretary of 20 Homeland Security may renew a certifi- 21 cation 22 every 6 months, after providing an oppor- 23 tunity for the alien to request reconsider- 24 ation of the certification and to submit 25 documents or other evidence in support of g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 pending 13:04 Jun 14, 2018 Jkt 000000 under subparagraph (B)(ii)(II) (697089 48) PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 236 1 that request. If the Secretary does not 2 renew a certification, the Secretary may 3 not continue to detain the alien under sub- 4 paragraph (B)(ii)(II). 5 ‘‘(ii) DELEGATION.—Notwithstanding 6 section 103, the Secretary of Homeland 7 Security may not delegate the authority to 8 make or renew a certification described in 9 item (bb), (cc), or (dd) of subparagraph 10 (B)(ii)(II) below the level of the Director 11 of Immigration and Customs Enforcement. 12 ‘‘(iii) HEARING.—The Secretary of 13 Homeland Security may request that the 14 Attorney General or the Attorney General’s 15 designee provide for a hearing to make the 16 determination described in item (dd)(BB) 17 of subparagraph (B)(ii)(II). 18 ‘‘(D) RELEASE it is 19 determined that an alien should be released 20 from detention by a Federal court, the Board of 21 Immigration Appeals, or if an immigration 22 judge orders a stay of removal, the Secretary of 23 Homeland Security, in the exercise of the Sec- 24 retary’s discretion, may impose conditions on 25 release as provided in paragraph (3). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ON CONDITIONS.—If 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 237 1 ‘‘(E) REDETENTION.—The Secretary of 2 Homeland Security, in the exercise of the Sec- 3 retary’s discretion, without any limitations 4 other than those specified in this section, may 5 again detain any alien subject to a final re- 6 moval order who is released from custody, if re- 7 moval becomes likely in the reasonably foresee- 8 able future, the alien fails to comply with the 9 conditions of release, or to continue to satisfy 10 the conditions described in subparagraph (A), 11 or if, upon reconsideration, the Secretary, in 12 the Secretary’s sole discretion, determines that 13 the alien can be detained under subparagraph 14 (B). This section shall apply to any alien re- 15 turned to custody pursuant to this subpara- 16 graph, as if the removal period terminated on 17 the day of the redetention. 18 ‘‘(F) REVIEW OF DETERMINATIONS BY 19 SECRETARY.—A 20 under this paragraph shall not be subject to re- 21 view by any other agency.’’. 22 23 determination by the Secretary SEC. 3104. DEFINITION OF AGGRAVATED FELONY. (a) IN GENERAL.—Section 101(a)(43) of the Immi- 24 gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 25 amended to read as follows: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 238 1 ‘‘(43) Notwithstanding any other provision of 2 law, the term ‘aggravated felony’ means any offense, 3 whether in violation of Federal, State, or foreign 4 law, that is described in this paragraph. An offense 5 described in this paragraph is— 6 ‘‘(A) homicide (including murder in any 7 degree, manslaughter, and vehicular man- 8 slaughter), rape (whether the victim was con- 9 scious or unconscious), statutory rape, sexual 10 assault or battery, or any offense of a sexual 11 nature involving an intended victim under the 12 age of 18 years (including offenses in which the 13 intended victim was a law enforcement officer); 14 ‘‘(B)(i) illicit trafficking in a controlled 15 substance (as defined in section 102 of the Con- 16 trolled Substances Act), including a drug traf- 17 ficking crime (as defined in section 924(c) of 18 title 18, United States Code); or 19 ‘‘(ii) any offense under State law relating 20 to a controlled substance (as so classified under 21 State law) which is classified as a felony in that 22 State regardless of whether the substance is 23 classified as a controlled substance under sec- 24 tion 102 of the Controlled Substances Act (21 25 U.S.C. 802); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 239 1 ‘‘(C) illicit trafficking in firearms or de- 2 structive devices (as defined in section 921 of 3 title 18, United States Code) or in explosive 4 materials (as defined in section 841(c) of that 5 title); 6 ‘‘(D) an offense described in section 1956 7 of title 18, United States Code (relating to 8 laundering of monetary instruments) or section 9 1957 of that title (relating to engaging in mon- 10 etary transactions in property derived from spe- 11 cific unlawful activity) if the amount of the 12 funds exceeded $10,000; 13 ‘‘(E) an offense described in— 14 ‘‘(i) section 842 or 844 of title 18, 15 United States Code (relating to explosive 16 materials offenses); 17 ‘‘(ii) section 922 or 924 of title 18, 18 United States Code (relating to firearms 19 offenses); or 20 ‘‘(iii) section 5861 of the Internal 21 Revenue Code of 1986 (relating to fire- 22 arms offenses); 23 ‘‘(F) a violent crime for which the term of 24 imprisonment is at least 1 year, including— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 240 1 ‘‘(i) any offense that has an element 2 the use, attempted use, or threatened use 3 of physical force against the person or 4 property of another; or 5 ‘‘(ii) any other offense in which the 6 record of conviction establishes that the of- 7 fender used physical force against the per- 8 son or property of another in the course of 9 committing the offense; 10 ‘‘(G)(i) theft (including theft by deceit, 11 theft by fraud, embezzlement, motor vehicle 12 theft, unauthorized use of a vehicle, or receipt 13 of stolen property), regardless of whether the 14 intended deprivation was temporary or perma- 15 nent, for which the term of imprisonment is at 16 least 1 year; or 17 ‘‘(ii) burglary for which the term of impris- 18 onment is at least 1 year; 19 ‘‘(H) an offense described in section 875, 20 876, 877, or 1202 of title 18, United States 21 Code (relating to the demand for or receipt of 22 ransom); 23 ‘‘(I) an offense involving child pornography 24 or sexual exploitation of a minor (including any g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 241 1 offense described in section 2251, 2251A, or 2 2252 of title 18, United States Code); 3 ‘‘(J) an offense described in section 1962 4 of title 18, United States Code (relating to 5 racketeer influenced corrupt organizations), or 6 an offense described in section 1084 (if it is a 7 second or subsequent offense) or 1955 of that 8 title (relating to gambling offenses); 9 ‘‘(K) an offense that— 10 ‘‘(i) relates to the owning, controlling, 11 managing, or supervising of a prostitution 12 business; 13 ‘‘(ii) is described in section 2421, 14 2422, or 2423 of title 18, United States 15 Code (relating to transportation for the 16 purpose of prostitution) if committed for 17 commercial advantage; or 18 ‘‘(iii) is described in any of sections 19 1581–1585 or 1588–1591 of title 18, 20 United States Code (relating to peonage, 21 slavery, involuntary servitude, and traf- 22 ficking in persons); 23 ‘‘(L) an offense described in— 24 ‘‘(i) section 793 (relating to gathering 25 or transmitting national defense informa- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 242 1 tion), 798 (relating to disclosure of classi- 2 fied information), 2153 (relating to sabo- 3 tage) or 2381 or 2382 (relating to treason) 4 of title 18, United States Code; 5 ‘‘(ii) section 601 of the National Secu- 6 rity Act of 1947 (50 U.S.C. 421) (relating 7 to protecting the identity of undercover in- 8 telligence agents); 9 ‘‘(iii) section 601 of the National Se- 10 curity Act of 1947 (relating to protecting 11 the identity of undercover agents); 12 ‘‘(iv) section 175 (relating to biologi- 13 cal weapons) of title 18, United States 14 Code; 15 ‘‘(v) sections 792 (harboring or con- 16 cealing persons who violated sections 793 17 or 794 of title 18, United States Code), 18 794 (gathering or delivering defense infor- 19 mation to aid foreign government), 795 20 (photographing and sketching defense in- 21 stallations), 796 (use of aircraft for 22 photographing defense installations), 797 23 (publication and sale of photographs of de- 24 fense g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 installations), 799 (violation of (697089 48) PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 243 1 NASA regulations for protection of facili- 2 ties) of title 18, United States Code; 3 ‘‘(vi) sections 831 (prohibited trans- 4 actions involving nuclear materials) and 5 832 (participation in nuclear and weapons 6 of mass destruction threats to the United 7 States) of title 18, United States Code; 8 ‘‘(vii) sections 2332a-d, f-h (relating 9 to terrorist activities) of title 18, United 10 States Code; 11 ‘‘(viii) sections 2339 (relating to har- 12 boring or concealing terrorists), 2339A (re- 13 lating to material support to terrorists), 14 2339B (relating to material support or re- 15 sources to designated foreign terrorist or- 16 ganizations), 2339C (relating to financing 17 of terrorism), 2339D (relating to receiving 18 military-type training from a terrorist or- 19 ganization) of title 18, United States Code; 20 ‘‘(ix) section 1705 of the International 21 Emergency Economic Powers Act (50 22 U.S.C. 1705); or 23 ‘‘(x) section 38 of the Arms Export 24 Control Act (22 U.S.C. 2778); 25 ‘‘(M) an offense that— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 244 1 ‘‘(i) involves fraud or deceit in which 2 the loss to the victim or victims exceeds 3 $10,000; or 4 ‘‘(ii) is described in section 7201 of 5 the Internal Revenue Code of 1986 (relat- 6 ing to tax evasion) in which the revenue 7 loss to the Government exceeds $10,000; 8 ‘‘(N) an offense described in section 274(a) 9 (relating to alien smuggling); 10 ‘‘(O) an offense described in section 275 or 11 276 for which the term of imprisonment is at 12 least 1 year; 13 ‘‘(P) an offense which is described in chap- 14 ter 75 of title 18, United States Code, and for 15 which the term of imprisonment is at least 1 16 year; 17 ‘‘(Q) an offense relating to a failure to ap- 18 pear by a defendant for service of sentence if 19 the underlying offense is punishable by impris- 20 onment for a term of 5 years or more; 21 ‘‘(R) an offense relating to commercial 22 bribery, counterfeiting, forgery, or trafficking in 23 vehicles the identification numbers of which 24 have been altered for which the term of impris- 25 onment is at least one year; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 245 1 ‘‘(S) an offense relating to obstruction of 2 justice, perjury or subornation of perjury, or 3 bribery of a witness; 4 ‘‘(T) an offense relating to a failure to ap- 5 pear before a court pursuant to a court order 6 to answer to or dispose of a charge of a felony 7 for which a sentence of 2 years’ imprisonment 8 or more may be imposed; 9 ‘‘(U) any offense for which the term of im- 10 prisonment imposed was 2 years or more; 11 ‘‘(V) an offense relating to terrorism or 12 national security (including a conviction for a 13 violation of any provision of chapter 113B of 14 title 18, United States Code; or 15 ‘‘(W)(i) a single conviction for driving 16 while intoxicated (including a conviction for 17 driving while under the influence of or impair- 18 ment by alcohol or drugs), when such impaired 19 driving was a cause of the serious bodily injury 20 or death of another person; or 21 ‘‘(ii) a second or subsequent conviction for 22 driving while intoxicated (including a conviction 23 for driving under the influence of or impaired 24 by alcohol or drugs); or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 246 1 ‘‘(X) an attempt or conspiracy to commit 2 an offense described in this paragraph or aid- 3 ing, 4 manding, inducing, facilitating, or soliciting the 5 commission of such an offense. counseling, procuring, com- 6 Any determinations under this paragraph shall be 7 made on the basis of the record of conviction. For 8 purposes of this paragraph, a person shall be consid- 9 ered to have committed an aggravated felony if that 10 person has been convicted for 3 or more mis- 11 demeanors not arising out the traffic laws (except 12 for any conviction for driving under the influence or 13 an offense that results in the death or serious bodily 14 injury of another person) or felonies for which the 15 aggregate term of imprisonment imposed was 3 16 years or more, regardless of whether the convictions 17 were all entered pursuant to a single trial or the of- 18 fenses arose from a single pattern or scheme of con- 19 duct.’’. 20 (b) EFFECTIVE DATE; APPLICATION 21 22 (1) IN 23 subsection (a)— AMEND- GENERAL.—The amendments made by (A) shall take effect on the date of the en- 25 actment of this Act; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 OF MENTS.— 24 VerDate 0ct 09 2002 abetting, Jkt 000000 (697089 48) PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 247 1 (B) shall apply to any act or conviction 2 that occurred before, on, or after such date. 3 (2) APPLICATION OF IIRIRA AMENDMENTS.— 4 The amendments to section 101(a)(43) of the Immi- 5 gration and Nationality Act (8 U.S.C. 1101(a)(43)) 6 made by section 321 of the Illegal Immigration Re- 7 form and Immigrant Responsibility Act of 1996 (di- 8 vision C of Public Law 104–208; 110 Stat. 3009– 9 627) shall continue to apply, whether the conviction 10 was entered before, on, or after September 30, 1996. 11 12 SEC. 3105. CRIME OF VIOLENCE. Section 16 of title 18, United States Code, is amend- 13 ed to read as follows: 14 ‘‘§ 16. Crime of violence defined 15 ‘‘(a) The term ‘crime of violence’ means an offense 16 that— 17 ‘‘(1)(A) is murder, voluntary manslaughter, as- 18 sault, sexual abuse or aggravated sexual abuse, abu- 19 sive sexual contact, child abuse, kidnapping, robbery, 20 carjacking, firearms use, burglary, arson, extortion, 21 communication of threats, coercion, unauthorized 22 use of a vehicle, fleeing, interference with flight crew 23 members and attendants, domestic violence, hostage 24 taking, stalking, human trafficking, or using weap- 25 ons of mass destruction; or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 248 1 ‘‘(B) involves use or unlawful possession of ex- 2 plosives or destructive devices described in 5845(f) 3 of the Internal Revenue Code of 1986; 4 ‘‘(2) has as an element the use, attempted use, 5 or threatened use of physical force against the per- 6 son or property of another; or 7 ‘‘(3) is an attempt to commit, conspiracy to 8 commit, solicitation to commit, or aiding and abet- 9 ting any of the offenses set forth in paragraphs (1) 10 and (2). 11 ‘‘(b) In this section: 12 ‘‘(1) The term ‘abusive sexual contact’ means 13 conduct described in section 2244(a)(1) and (a)(2). 14 ‘‘(2) The terms ‘aggravated sexual abuse’ and 15 ‘sexual abuse’ mean conduct described in sections 16 2241 and 2242. For purposes of such conduct, the 17 term ‘sexual act’ means conduct described in section 18 2246(2), or the knowing and lewd exposure of geni- 19 talia or masturbation, to any person, with an intent 20 to abuse, humiliate, harass, degrade, or arouse or 21 gratify the sexual desire of any person. 22 ‘‘(3) The term ‘assault’ means conduct de- 23 scribed in section 113(a), and includes conduct com- 24 mitted recklessly, knowingly, or intentionally. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 249 1 ‘‘(4) The term ‘arson’ means conduct described 2 in section 844(i) or unlawfully or willfully damaging 3 or destroying any building, inhabited structure, vehi- 4 cle, vessel, or real property by means of fire or ex- 5 plosive. 6 ‘‘(5) The term ‘burglary’ means an unlawful or 7 unprivileged entry into, or remaining in, a building 8 or structure, including any nonpermanent or mobile 9 structure that is adapted or used for overnight ac- 10 commodation or for the ordinary carrying on of busi- 11 ness, and, either before or after entering, the per- 12 son— 13 ‘‘(A) forms the intent to commit a crime; 14 or 15 ‘‘(B) commits or attempts to commit a 16 crime. 17 ‘‘(6) The term ‘carjacking’ means conduct de- 18 scribed in section 2119, or the unlawful taking of a 19 motor vehicle from the immediate actual possession 20 of a person against his will, by means of actual or 21 threatened force, or violence or intimidation, or by 22 sudden or stealthy seizure or snatching, or fear of 23 injury. 24 ‘‘(7) The term ‘child abuse’ means the unlawful 25 infliction of physical injury or the commission of any g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 250 1 sexual act against a child under fourteen by any per- 2 son eighteen years of age or older. 3 ‘‘(8) The term ‘communication of threats’ 4 means conduct described in section 844(e), or the 5 transmission of any communications containing any 6 threat of use of violence to— 7 ‘‘(A) demand or request for a ransom or 8 reward for the release of any kidnapped person; 9 or 10 ‘‘(B) threaten to kidnap or injure the per- 11 son of another. 12 ‘‘(9) The term ‘coercion’ means causing the 13 performance or non-performance of any act by an- 14 other person which under such other person has a 15 legal right to do or to abstain from doing, through 16 fraud or by the use of actual or threatened force, vi- 17 olence, or fear thereof, including the use, or an ex- 18 press or implicit threat of use, of violence to cause 19 harm, or threats to cause injury to the person, rep- 20 utation or property of any person. 21 ‘‘(10) The term ‘domestic violence’ means any 22 assault committed by a current or former spouse, 23 parent, or guardian of the victim, by a person with 24 whom the victim shares a child in common, by a per- 25 son who is cohabiting with or has cohabited with the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 251 1 victim as a spouse, parent, or guardian, or by a per- 2 son similarly situated to a spouse, parent, or guard- 3 ian of the victim 4 ‘‘(11) The term ‘extortion’ means conduct de- 5 scribed in section 1951(b)(2)), but not extortion 6 under color of official right or fear of economic loss. 7 ‘‘(12) The term ‘firearms use’ means conduct 8 described in section 924(c) or 929(a), if the firearm 9 was brandished, discharged, or otherwise possessed, 10 carried, or used as a weapon and the crime of vio- 11 lence or drug trafficking crime during and in rela- 12 tion to which the firearm was possessed, carried, or 13 used was subject to prosecution in any court of the 14 United States, State court, military court or tri- 15 bunal, or tribal court. Such term also includes un- 16 lawfully possessing a firearm described in section 17 5845(a) of the Internal Revenue Code of 1986 (such 18 as a sawed-off shotgun or sawed-off rifle, silencer, 19 bomb, or machine gun), possession of a firearm de- 20 scribed 21 922(g)(4), possession of a firearm with the intent to 22 use such firearm unlawfully, or reckless discharge of 23 a firearm at a dwelling. section 922(g)(1), 922(g)(2) and 24 ‘‘(13) The term ‘fleeing’ means knowingly oper- 25 ating a motor vehicle and, following a law enforce- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 in 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 252 1 ment officer’s signal to bring the motor vehicle to a 2 stop— 3 ‘‘(A) failing or refusing to comply; or 4 ‘‘(B) fleeing or attempting to elude a law 5 enforcement officer. 6 ‘‘(14) The term ‘force’ means the level of force 7 needed or intended to overcome resistance. 8 9 ‘‘(15) The term ‘hostage taking’ means conduct described in section 1203. 10 11 ‘‘(16) The term ‘human trafficking’ means conduct described in section 1589, 1590, and 1591. 12 ‘‘(17) The term ‘interference with flight crew 13 members and attendants’ means conduct described 14 in section 46504 of title 49, United States Code. 15 ‘‘(18) The term ‘kidnapping’ means conduct de- 16 scribed in section 1201(a)(1) or seizing, confining, 17 inveigling, decoying, abducting, or carrying away 18 and holding for ransom or reward or otherwise any 19 person. 20 ‘‘(19) The term ‘murder’ means conduct de- 21 scribed as murder in the first degree or murder in 22 the second degree described in section 1111. 23 ‘‘(20) the term ‘robbery’ means conduct de- 24 scribed in section 1951(b)(1), or the unlawful taking 25 or obtaining of personal property from the person or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 253 1 in the presence of another, against his will, by 2 means of actual or threatened force, or violence or 3 intimidation, or by sudden or stealthy seizure or 4 snatching, or fear of injury, immediate or future, to 5 his person or property, or property in his custody or 6 possession, or the person or property of a relative or 7 member of his family or of anyone in his company 8 at the time of the taking or obtaining. 9 10 ‘‘(21) The term ‘stalking’ means conduct described in section 2261A. 11 ‘‘(22) The term ‘unauthorized use of a motor 12 vehicle’ means the intentional or knowing operation 13 of another person’s boat, airplane, or motor vehicle 14 without the consent of the owner. 15 ‘‘(23) The term ‘using weapons of mass de- 16 struction’ means conduct described in section 2332a. 17 ‘‘(24) the term ‘voluntary manslaughter’ means 18 conduct described in section 1112(a). 19 ‘‘(c) For purposes of this section, in the case of any 20 reference in subsection (b) to an offense under this title, 21 such reference shall include conduct that constitutes an 22 offense under State or tribal law or under the Uniform 23 Code of Military Justice, if such conduct would be an of24 fense under this title if a circumstance giving rise to Fed25 eral jurisdiction had existed.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 254 1 SEC. 3106. GROUNDS OF INADMISSIBILITY AND DEPORT- 2 3 ABILITY FOR ALIEN GANG MEMBERS. (a) DEFINITION OF GANG MEMBER.—Section 101(a) 4 of the Immigration and Nationality Act (8 U.S.C. 5 1101(a)) is amended by inserting after paragraph (52) the 6 following: 7 ‘‘(53)(A) The term ‘criminal gang’ means an ongoing 8 group, club, organization, or association of 5 or more per9 sons— 10 ‘‘(i) that has as one of its primary purposes the 11 commission of 1 or more of the criminal offenses de- 12 scribed in subparagraph (B) and the members of 13 which engage, or have engaged within the past 5 14 years, in a continuing series of such offenses; or 15 ‘‘(ii) that has been designated as a criminal 16 gang by the Secretary of Homeland Security, in con- 17 sultation with the Attorney General, as meeting 18 these criteria. 19 ‘‘(B) The offenses described, whether in violation of 20 Federal or State law or foreign law and regardless of 21 whether the offenses occurred before, on, or after the date 22 of the enactment of this paragraph, are the following: 23 ‘‘(i) A ‘felony drug offense’ (as defined in sec- 24 tion 102 of the Controlled Substances Act (21 25 U.S.C. 802)). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 255 1 ‘‘(ii) A felony offense involving firearms or ex- 2 plosives or in violation of section 931 of title 18, 3 United States Code (relating to purchase, ownership, 4 or possession of body armor by violent felons). 5 ‘‘(iii) An offense under section 274 (relating to 6 bringing in and harboring certain aliens), section 7 277 (relating to aiding or assisting certain aliens to 8 enter the United States), or section 278 (relating to 9 importation of alien for immoral purpose), except 10 that this clause does not apply in the case of an or- 11 ganization described in section 501(c)(3) of the In- 12 ternal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 13 which is exempt from taxation under section 501(a) 14 of such Code. 15 16 ‘‘(iv) A violent crime described in section 101(a)(43)(F). 17 ‘‘(v) A crime involving obstruction of justice, 18 tampering with or retaliating against a witness, vic- 19 tim, or informant, or perjury or subornation of per- 20 jury. 21 ‘‘(vi) Any conduct punishable under sections 22 1028A and 1029 of title 18, United States Code (re- 23 lating to aggravated identity theft or fraud and re- 24 lated activity in connection with identification docu- 25 ments or access devices), sections 1581 through g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 256 1 1594 of such title (relating to peonage, slavery, and 2 trafficking in persons), section 1951 of such title 3 (relating to interference with commerce by threats or 4 violence), section 1952 of such title (relating to 5 interstate and foreign travel or transportation in aid 6 of racketeering enterprises), section 1956 of such 7 title (relating to the laundering of monetary instru- 8 ments), section 1957 of such title (relating to engag- 9 ing in monetary transactions in property derived 10 from specified unlawful activity), or sections 2312 11 through 2315 of such title (relating to interstate 12 transportation of stolen motor vehicles or stolen 13 property). 14 ‘‘(vii) An attempt or conspiracy to commit an 15 offense described in this paragraph or aiding, abet- 16 ting, counseling, procuring, commanding, inducing, 17 facilitating, or soliciting the commission of an of- 18 fense described in clauses (i) through (vi).’’. 19 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 20 (8 U.S.C. 1182(a)(2)) is amended— 21 (1) in subparagraph (A)(i)— 22 (A) in subclause (I), by striking ‘‘or’’ at 23 the end; 24 (B) by inserting after subclause (II) the 25 following: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 257 1 ‘‘(III) a violation of (or a con- 2 spiracy or attempt to violate) any law 3 or regulation of a State, the United 4 States, or a foreign country relating 5 to participation or membership in a 6 criminal gang, or 7 ‘‘(IV) any felony or misdemeanor 8 offense for which the alien received a 9 sentencing enhancement predicated on 10 gang membership or conduct that pro- 11 moted, furthered, aided, or supported 12 the illegal activity of the criminal 13 gang,’’. 14 (2) by adding at the end the following: 15 ‘‘(N) ALIENS 16 GANGS.— 17 ‘‘(i) ALIENS NOT PHYSICALLY 18 PRESENT IN THE UNITED STATES.—In 19 case of an alien who is not physically 20 present in the United States: the 21 ‘‘(I) That alien is inadmissible if 22 a consular officer, an immigration of- 23 ficer, the Secretary of Homeland Se- 24 curity, or the Attorney General knows 25 or has reason to believe— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ASSOCIATED WITH CRIMINAL 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 258 1 ‘‘(aa) to be or to have been 2 a member of a criminal gang (as 3 defined in section 101(a)(53)); or 4 ‘‘(bb) to have participated in 5 the activities of a criminal gang 6 (as 7 101(a)(53)), knowing or having 8 reason to know that such activi- 9 ties will promote, further, aid, or 10 support the illegal activity of the 11 criminal gang. 12 ‘‘(II) That alien is inadmissible if 13 a consular officer, an immigration of- 14 ficer, the Secretary of Homeland Se- 15 curity, or the Attorney General has 16 reasonable grounds to believe the alien 17 has participated in, been a member of, 18 promoted, or conspired with a crimi- 19 nal gang, either inside or outside of 20 the United States. in section 21 ‘‘(III) That alien is inadmissible 22 if a consular officer, an immigration 23 officer, the Secretary of Homeland Se- 24 curity, or the Attorney General has 25 reasonable grounds to believe seeks to g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 defined 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 259 1 enter the United States or has en- 2 tered the United States in furtherance 3 of the activities of a criminal gang, ei- 4 ther inside or outside of the United 5 States. 6 ‘‘(ii) ALIENS 7 UNITED STATES.—In 8 is physically present in the United States, that 9 alien is inadmissible if the alien— 10 PHYSICALLY PRESENT IN THE the case of an alien who ‘‘(I) is a member of a criminal gang 11 (as defined in section 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 (c) DEPORTABILITY.—Section 237(a)(2) of the Im- 19 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 20 amended by adding at the end the following: 21 ‘‘(H) ALIENS 22 GANGS.—Any alien is deportable who— 23 ‘‘(i) is or has been a member of a 24 criminal gang (as defined in section 25 101(a)(53)); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ASSOCIATED WITH CRIMINAL 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 260 1 ‘‘(ii) has participated in the activities 2 of a criminal gang (as so defined), knowing 3 or having reason to know that such activi- 4 ties will promote, further, aid, or support 5 the illegal activity of the criminal gang; 6 ‘‘(iii) has been convicted of a violation 7 of (or a conspiracy or attempt to violate) 8 any law or regulation of a State, the 9 United States, or a foreign country relat- 10 ing to participation or membership in a 11 criminal gang; or 12 ‘‘(iv) any felony or misdemeanor of- 13 fense for which the alien received a sen- 14 tencing enhancement predicated on gang 15 membership or conduct that promoted, 16 furthered, aided, or supported the illegal 17 activity of the criminal gang.’’. 18 (d) DESIGNATION.— 19 (1) IN 2 of title II of the 20 Immigration and Nationality Act (8 U.S.C. 1182) is 21 amended by inserting after section 219 the fol- 22 lowing: 23 ‘‘DESIGNATION 24 ‘‘SEC. 220. 25 ‘‘(a) DESIGNATION.— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Chapter 13:04 Jun 14, 2018 Jkt 000000 OF CRIMINAL GANG (697089 48) PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 261 1 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se- 2 curity, in consultation with the Attorney General, may 3 designate a group, club, organization, or association of 5 4 or more persons as a criminal gang if the Secretary finds 5 that their conduct is described in section 101(a)(53). 6 ‘‘(2) PROCEDURE.— 7 ‘‘(A) NOTIFICATION.—Seven days before mak- 8 ing a designation under this subsection, the Sec- 9 retary shall, by classified communication, notify the 10 Speaker and Minority Leader of the House of Rep- 11 resentatives, the President pro tempore, Majority 12 Leader, and Minority Leader of the Senate, and the 13 members of the relevant committees of the House of 14 Representatives and the Senate, in writing, of the 15 intent to designate a group, club, organization, or 16 association of 5 or more persons under this sub- 17 section and the factual basis therefor. 18 ‘‘(B) PUBLICATION THE FEDERAL REG- 19 ISTER.—The 20 in the Federal Register seven days after providing 21 the notification under subparagraph (A). 22 ‘‘(3) RECORD.— 23 ‘‘(A) IN Secretary shall publish the designation GENERAL.—In making a designation 24 under this subsection, the Secretary shall create an 25 administrative record. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 IN 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 262 1 ‘‘(B) CLASSIFIED Sec- 2 retary may consider classified information in making 3 a designation under this subsection. Classified infor- 4 mation shall not be subject to disclosure for such 5 time as it remains classified, except that such infor- 6 mation may be disclosed to a court ex parte and in 7 camera for purposes of judicial review under sub- 8 section (c). 9 ‘‘(4) PERIOD OF DESIGNATION.— 10 ‘‘(A) IN GENERAL.—A designation under this 11 subsection shall be effective for all purposes until re- 12 voked under paragraph (5) or (6) or set aside pursu- 13 ant to subsection (c). 14 15 ‘‘(B) REVIEW OF DESIGNATION UPON PETI- TION.— 16 ‘‘(i) IN GENERAL.—The Secretary shall re- 17 view the designation of a criminal gang under 18 the procedures set forth in clauses (iii) and (iv) 19 if the designated group, club, organization, or 20 association of 5 or more persons files a petition 21 for revocation within the petition period de- 22 scribed in clause (ii). 23 ‘‘(ii) PETITION 24 13:04 Jun 14, 2018 PERIOD.—For purposes of clause (i)— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 INFORMATION.—The Jkt 000000 (697089 48) PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 263 1 ‘‘(I) if the designated group, club, or- 2 ganization, or association of 5 or more per- 3 sons has not previously filed a petition for 4 revocation under this subparagraph, the 5 petition period begins 2 years after the 6 date on which the designation was made; 7 or 8 ‘‘(II) if the designated group, club, or- 9 ganization, or association of 5 or more per- 10 sons has previously filed a petition for rev- 11 ocation under this subparagraph, the peti- 12 tion period begins 2 years after the date of 13 the determination made under clause (iv) 14 on that petition. 15 ‘‘(iii) PROCEDURES.—Any group, club, or- 16 ganization, or association of 5 or more persons 17 that submits a petition for revocation under 18 this subparagraph of its designation as a crimi- 19 nal gang must provide evidence in that petition 20 that it is not described in section 101(a)(53). 21 ‘‘(iv) DETERMINATION.— 22 ‘‘(I) IN later than 23 180 days after receiving a petition for rev- 24 ocation submitted under this subpara- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 264 1 graph, the Secretary shall make a deter- 2 mination as to such revocation. 3 ‘‘(II) INFORMATION.— 4 The Secretary may consider classified in- 5 formation in making a determination in re- 6 sponse to a petition for revocation. Classi- 7 fied information shall not be subject to dis- 8 closure for such time as it remains classi- 9 fied, except that such information may be 10 disclosed to a court ex parte and in camera 11 for purposes of judicial review under sub- 12 section (c). 13 ‘‘(III) PUBLICATION OF DETERMINA- 14 TION.—A 15 retary under this clause shall be published 16 in the Federal Register. determination made by the Sec- 17 ‘‘(IV) PROCEDURES.—Any revocation 18 by the Secretary shall be made in accord- 19 ance with paragraph (6). 20 ‘‘(C) OTHER 21 ‘‘(i) IN REVIEW OF DESIGNATION.— GENERAL.—If in a 5-year period no 22 review has taken place under subparagraph (B), 23 the Secretary shall review the designation of the 24 criminal gang in order to determine whether g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 CLASSIFIED 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 265 1 such designation should be revoked pursuant to 2 paragraph (6). 3 ‘‘(ii) PROCEDURES.—If a review does not 4 take place pursuant to subparagraph (B) in re- 5 sponse to a petition for revocation that is filed 6 in accordance with that subparagraph, then the 7 review shall be conducted pursuant to proce- 8 dures established by the Secretary. The results 9 of such review and the applicable procedures 10 shall not be reviewable in any court. 11 ‘‘(iii) PUBLICATION OF RESULTS OF RE- 12 VIEW.—The 13 mination made pursuant to this subparagraph 14 in the Federal Register. 15 ‘‘(5) REVOCATION Secretary shall publish any deter- BY ACT CONGRESS.—The Con- OF 16 gress, by an Act of Congress, may block or revoke a des17 ignation made under paragraph (1). 18 19 ‘‘(6) REVOCATION BASED CHANGE IN CIR- CUMSTANCES.— 20 ‘‘(A) IN GENERAL.—The Secretary may revoke 21 a designation made under paragraph (1) at any 22 time, and shall revoke a designation upon completion 23 of a review conducted pursuant to subparagraphs 24 (B) and (C) of paragraph (4) if the Secretary finds 25 that— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ON 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 266 1 ‘‘(i) the group, club, organization, or asso- 2 ciation of 5 or more persons that has been des- 3 ignated as a criminal gang is no longer de- 4 scribed in section 101(a)(53); or 5 ‘‘(ii) the national security or the law en- 6 forcement interests of the United States war- 7 rants a revocation. 8 ‘‘(B) PROCEDURE.—The procedural require- 9 ments of paragraphs (2) and (3) shall apply to a 10 revocation under this paragraph. Any revocation 11 shall take effect on the date specified in the revoca- 12 tion or upon publication in the Federal Register if 13 no effective date is specified. 14 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 15 designation under paragraph (5) or (6) shall not affect 16 any action or proceeding based on conduct committed 17 prior to the effective date of such revocation. 18 19 ‘‘(8) USE ING.—If OF DESIGNATION IN TRIAL OR HEAR- a designation under this subsection has become 20 effective under paragraph (2) an alien in a removal pro21 ceeding shall not be permitted to raise any question con22 cerning the validity of the issuance of such designation 23 as a defense or an objection. 24 ‘‘(b) AMENDMENTS TO A DESIGNATION.— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 267 1 ‘‘(1) IN Secretary may amend 2 a designation under this subsection if the Secretary 3 finds that the group, club, organization, or associa- 4 tion of 5 or more persons has changed its name, 5 adopted a new alias, dissolved and then reconsti- 6 tuted itself under a different name or names, or 7 merged with another group, club, organization, or 8 association of 5 or more persons. 9 ‘‘(2) PROCEDURE.—Amendments made to a 10 designation in accordance with paragraph (1) shall 11 be effective upon publication in the Federal Register. 12 Paragraphs (2), (4), (5), (6), (7), and (8) of sub- 13 section (a) shall also apply to an amended designa- 14 tion. 15 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis- 16 trative record shall be corrected to include the 17 amendments as well as any additional relevant infor- 18 mation that supports those amendments. 19 ‘‘(4) CLASSIFIED INFORMATION.—The Sec- 20 retary may consider classified information in amend- 21 ing a designation in accordance with this subsection. 22 Classified information shall not be subject to disclo- 23 sure for such time as it remains classified, except 24 that such information may be disclosed to a court ex g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 268 1 parte and in camera for purposes of judicial review 2 under subsection (c) of this section. 3 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 4 ‘‘(1) IN later than 30 days 5 after publication in the Federal Register of a des- 6 ignation, an amended designation, or a determina- 7 tion in response to a petition for revocation, the des- 8 ignated group, club, organization, or association of 5 9 or more persons may seek judicial review in the 10 United States Court of Appeals for the District of 11 Columbia Circuit. 12 ‘‘(2) BASIS OF REVIEW.—Review under this 13 subsection shall be based solely upon the administra- 14 tive record, except that the Government may submit, 15 for ex parte and in camera review, classified infor- 16 mation used in making the designation, amended 17 designation, or determination in response to a peti- 18 tion for revocation. 19 ‘‘(3) SCOPE OF REVIEW.—The Court shall hold 20 unlawful and set aside a designation, amended des- 21 ignation, or determination in response to a petition 22 for revocation the court finds to be— 23 ‘‘(A) arbitrary, capricious, an abuse of dis- 24 cretion, or otherwise not in accordance with 25 law; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—Not 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 269 1 ‘‘(B) contrary to constitutional right, 2 power, privilege, or immunity; 3 ‘‘(C) in excess of statutory jurisdiction, au- 4 thority, or limitation, or short of statutory 5 right; 6 ‘‘(D) lacking substantial support in the ad- 7 ministrative record taken as a whole or in clas- 8 sified information submitted to the court under 9 paragraph (2); or 10 ‘‘(E) not in accord with the procedures re- 11 quired by law. 12 ‘‘(4) JUDICIAL pend- 13 ency of an action for judicial review of a designation, 14 amended designation, or determination in response 15 to a petition for revocation shall not affect the appli- 16 cation of this section, unless the court issues a final 17 order setting aside the designation, amended des- 18 ignation, or determination in response to a petition 19 for revocation. 20 ‘‘(d) DEFINITIONS.—As used in this section— 21 ‘‘(1) the term ‘classified information’ has the 22 meaning given that term in section 1(a) of the Clas- 23 sified Information Procedures Act (18 U.S.C. App.); g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 REVIEW INVOKED.—The 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 270 1 ‘‘(2) the term ‘national security’ means the na- 2 tional defense, foreign relations, or economic inter- 3 ests of the United States; 4 ‘‘(3) the term ‘relevant committees’ means the 5 Committees on the Judiciary of the Senate and of 6 the House of Representatives; and 7 ‘‘(4) the term ‘Secretary’ means the Secretary 8 of Homeland Security, in consultation with the At- 9 torney General.’’. 10 (2) CLERICAL AMENDMENT.—The table of con- 11 tents for such Act is amended by inserting after the 12 item relating to section 219 the following: ‘‘Sec. 220. Designation.’’. 13 (e) MANDATORY DETENTION OF CRIMINAL GANG 14 MEMBERS.— 15 (1) IN 236(c)(1) of the Im- 16 migration 17 1226(c)(1)), as amended by this division, is further 18 amended— 19 Nationality Act (8 U.S.C. at the end; 21 (B) in subparagraph (F), by inserting ‘‘or’’ 22 at the end; and 23 (C) by inserting after subparagraph (F) 24 the following: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) 13:04 Jun 14, 2018 and (A) in subparagraph (E), by striking ‘‘or’’ 20 VerDate 0ct 09 2002 GENERAL.—Section Jkt 000000 (697089 48) PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 271 1 ‘‘(G) 2 212(a)(2)(N) 3 237(a)(2)(H),’’. 4 (2) ANNUAL inadmissible or deportable REPORT.—Not under section under section later than March 1 5 of each year (beginning 1 year after the date of the 6 enactment of this Act), the Secretary of Homeland 7 Security, after consultation with the appropriate 8 Federal agencies, shall submit a report to the Com- 9 mittees on the Judiciary of the House of Represent- 10 atives and of the Senate on the number of aliens de- 11 tained under the amendments made by paragraph 12 (1). 13 (f) ASYLUM CLAIMS BASED 14 ON GANG AFFILI- ATION.— 15 (1) INAPPLICABILITY OF RESTRICTION ON RE- 16 MOVAL 17 241(b)(3)(B) of the Immigration and Nationality 18 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 19 matter preceding clause (i), by inserting ‘‘who is de- 20 scribed 21 237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 22 (2) TO in CERTAIN section COUNTRIES.—Section 212(a)(2)(N)(i) INELIGIBILITY FOR or section ASYLUM.—Section 23 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 24 is amended— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 is 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 272 1 (A) in clause (v), by striking ‘‘or’’ at the 2 end; 3 (B) by redesignating clause (vi) as clause 4 (vii); and 5 (C) by inserting after clause (v) the fol- 6 lowing: 7 ‘‘(vi) the alien is described in section 8 212(a)(2)(N)(i) or section 237(a)(2)(H)(i); 9 or’’. 10 (g) TEMPORARY PROTECTED STATUS.—Section 244 11 of such Act (8 U.S.C. 1254a) is amended— 12 (1) by striking ‘‘Attorney General’’ each place 13 it appears and inserting ‘‘Secretary of Homeland Se- 14 curity’’; 15 (2) in subparagraph (c)(2)(B)— 16 (A) in clause (i), by striking ‘‘or’’ at the 17 end; 18 (B) in clause (ii), by striking the period 19 and inserting ‘‘; or’’; and 20 (C) by adding at the end the following: 21 ‘‘(iii) the alien is, or at any time has 22 been, described in section 212(a)(2)(N) or 23 section 237(a)(2)(H).’’; and 24 (3) in subsection (d)— 25 (A) by striking paragraph (3); and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 273 1 (B) in paragraph (4), by adding at the end 2 the following: ‘‘The Secretary of Homeland Se- 3 curity may detain an alien provided temporary 4 protected status under this section whenever 5 appropriate under any other provision of law.’’. 6 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 7 101(a)(27)(J)(iii) of the Immigration and Nationality Act 8 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 9 (1) in subclause (I), by striking ‘‘and’’; 10 11 (2) in subclause (II), by adding ‘‘and’’ at the end; and 12 (3) by adding at the end the following: 13 ‘‘(III) no alien who is, or at any 14 time has been, described in section 15 212(a)(2)(N) or section 237(a)(2)(H) 16 shall be eligible for any immigration 17 benefit under this subparagraph;’’. 18 (i) PAROLE.—An alien described in section 19 212(a)(2)(N) of the Immigration and Nationality Act, as 20 added by subsection (b), shall not be eligible for parole 21 under section 212(d)(5)(A) of such Act unless— 22 (1) the alien is assisting or has assisted the 23 United States Government in a law enforcement 24 matter, including a criminal investigation; and g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 274 1 (2) the alien’s presence in the United States is 2 required by the Government with respect to such as- 3 sistance. 4 (j) EFFECTIVE DATE.—The amendments made by 5 this section shall take effect on the date of the enactment 6 of this Act and shall apply to acts that occur before, on, 7 or after the date of the enactment of this Act. 8 SEC. 3107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM- 9 MIGRANTS UNABLE TO REUNITE WITH EI- 10 11 THER PARENT. Section 101(a)(27)(J)(i) of the Immigration and Na- 12 tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 13 striking ‘‘1 or both of the immigrant’s parents’’ and in14 serting ‘‘either of the immigrant’s parents’’. 15 SEC. 3108. CLARIFICATION OF AUTHORITY REGARDING DE- 16 17 TERMINATIONS OF CONVICTIONS. Section 101(a)(48) of the Immigration and National 18 Act (8 U.S.C. 1101(a)(48)) is amended by adding at the 19 end the following: 20 ‘‘(C) In making a determination as to 21 whether a conviction is for— 22 ‘‘(i) a crime under section 212(a)(2), 23 or 24 ‘‘(ii) a crime under 237(a)(2), g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 275 1 such determination shall be determined on the 2 basis of the record of conviction and any facts 3 established within the record of conviction. 4 ‘‘(D) Any reversal, vacatur, expungement, 5 or modification to a conviction, sentence, or 6 conviction record that was granted to amelio- 7 rate the immigration consequences of the con- 8 viction, sentence, or conviction record, or was 9 granted for rehabilitative purposes shall have no 10 effect on the immigration consequences result- 11 ing from the original conviction. The alien shall 12 have the burden of proving that the reversal, 13 vacatur, expungement, or modification was not 14 for such purposes. In no case in which a rever- 15 sal, vacatur, expungement, or modification was 16 granted for a procedural or substantive defect 17 in the criminal proceedings. Whether an alien 18 has been convicted of a crime for which a sen- 19 tence of one year or longer may be imposed or 20 whether the alien has been convicted for a 21 crime where the maximum penalty possible did 22 not exceed one year shall be determined based 23 on the maximum penalty allowed by the statute 24 of conviction as of the date the offense was 25 committed. Subsequent changes in State or g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 276 1 Federal law which increase or decrease the sen- 2 tence that may be imposed for a given crime 3 shall not be considered.’’. 4 SEC. 3109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT 5 TERRORISM-RELATED 6 GROUNDS ACTS TO THE DEFINITION OF EN- 7 GAGING IN TERRORIST ACTIVITY. 8 INADMISSIBILITY Section 212(a)(3)(B)(iv) of the Immigration and Na- 9 tionality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended— 10 11 (1) in subclause (VI), by striking the period and inserting ‘‘; or’’; and 12 (2) by adding at the end the following: 13 ‘‘(VII) an attempt or conspiracy 14 15 to do any of the foregoing.’’. SEC. 3110. CLARIFYING THE AUTHORITY OF ICE DETAIN- 16 17 ERS. (a) IN GENERAL.—Section 287(d) of the Immigra- 18 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 19 to read as follows: 20 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE 21 ALIENS.— 22 ‘‘(1) IN the case of an individual 23 who is arrested by any Federal, State, or local law 24 enforcement official or other personnel for the al- 25 leged violation of any criminal or motor vehicle law g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GENERAL.—In 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 277 1 relating to driving while intoxicated or driving under 2 the influence (including driving while under the in- 3 fluence of or impairment by alcohol or drugs), the 4 Secretary may issue a detainer regarding the indi- 5 vidual to any Federal, State, or local law enforce- 6 ment entity, official, or other personnel if the Sec- 7 retary has probable cause to believe that the indi- 8 vidual is an inadmissible or deportable alien. 9 10 ‘‘(2) PROBABLE cause is deemed to be established if— 11 ‘‘(A) the individual who is the subject of 12 the detainer matches, pursuant to biometric 13 confirmation or other Federal database records, 14 the identity of an alien who the Secretary has 15 reasonable grounds to believe to be inadmissible 16 or deportable; 17 ‘‘(B) the individual who is the subject of 18 the detainer is the subject of ongoing removal 19 proceedings, including matters where a charg- 20 ing document has already been served; 21 ‘‘(C) the individual who is the subject of 22 the detainer has previously been ordered re- 23 moved from the United States and such an 24 order is administratively final; g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 CAUSE.—Probable 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 278 1 ‘‘(D) the individual who is the subject of 2 the detainer has made voluntary statements or 3 provided reliable evidence that indicate that 4 they are an inadmissible or deportable alien; or 5 ‘‘(E) the Secretary otherwise has reason- 6 able grounds to believe that the individual who 7 is the subject of the detainer is an inadmissible 8 or deportable alien. 9 ‘‘(3) TRANSFER the Federal, 10 State, or local law enforcement entity, official, or 11 other personnel to whom a detainer is issued com- 12 plies with the detainer and detains for purposes of 13 transfer of custody to the Department of Homeland 14 Security the individual who is the subject of the de- 15 tainer, the Department may take custody of the in- 16 dividual within 48 hours (excluding weekends and 17 holidays), but in no instance more than 96 hours, 18 following the date that the individual is otherwise to 19 be released from the custody of the relevant Federal, 20 State, or local law enforcement entity.’’. 21 (b) IMMUNITY.— 22 (1) IN GENERAL.—A State or a political sub- 23 division of a State (and the officials and personnel 24 of the State or subdivision acting in their official ca- 25 pacities), and a nongovernmental entity (and its per- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 OF CUSTODY.—If 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 279 1 sonnel) contracted by the State or political subdivi- 2 sion for the purpose of providing detention, acting in 3 compliance with a Department of Homeland Secu- 4 rity detainer issued pursuant to this section who 5 temporarily holds an alien in its custody pursuant to 6 the terms of a detainer so that the alien may be 7 taken into the custody of the Department of Home- 8 land Security, shall be considered to be acting under 9 color of Federal authority for purposes of deter- 10 mining their liability and shall be held harmless for 11 their compliance with the detainer in any suit seek- 12 ing any punitive, compensatory, or other monetary 13 damages. 14 (2) FEDERAL 15 In any civil action arising out of the compliance with 16 a Department of Homeland Security detainer by a 17 State or a political subdivision of a State (and the 18 officials and personnel of the State or subdivision 19 acting in their official capacities), or a nongovern- 20 mental entity (and its personnel) contracted by the 21 State or political subdivision for the purpose of pro- 22 viding detention, the United States Government 23 shall be the proper party named as the defendant in 24 the suit in regard to the detention resulting from 25 compliance with the detainer. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 GOVERNMENT AS DEFENDANT.— 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 280 1 (3) BAD (1) 2 and (2) shall not apply to any mistreatment of an 3 individual by a State or a political subdivision of a 4 State (and the officials and personnel of the State 5 or subdivision acting in their official capacities), or 6 a nongovernmental entity (and its personnel) con- 7 tracted by the State or political subdivision for the 8 purpose of providing detention. 9 (c) PRIVATE RIGHT OF ACTION.— 10 (1) CAUSE OF ACTION.—Any individual, or a 11 spouse, parent, or child of that individual (if the in- 12 dividual is deceased), who is the victim of an offense 13 that is murder, rape, or sexual abuse of a minor, for 14 which an alien (as defined in section 101(a)(3) of 15 the Immigration and Nationality Act (8 U.S.C. 16 1101(a)(3))) has been convicted and sentenced to a 17 term of imprisonment of at least 1 year, may bring 18 an action against a State or political subdivision of 19 a State or public official acting in an official capac- 20 ity in the appropriate Federal court if the State or 21 political subdivision, except as provided in paragraph 22 (3)— 23 (A) released the alien from custody prior 24 to the commission of such crime as a con- 25 sequence of the State or political subdivision’s g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 FAITH EXCEPTION.—Paragraphs 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 281 1 declining to honor a detainer issued pursuant to 2 section 287(d)(1) of the Immigration and Na- 3 tionality Act (8 U.S.C. 1357(d)(1)); 4 (B) has in effect a statute, policy, or prac- 5 tice not in compliance with section 642 of the 6 Illegal Immigration Reform and Immigrant Re- 7 sponsibility Act of 1996 (8 U.S.C. 1373) as 8 amended, and as a consequence of its statute, 9 policy, or practice, released the alien from cus- 10 tody prior to the commission of such crime; or 11 (C) has in effect a statute, policy, or prac- 12 tice requiring a subordinate political subdivision 13 to decline to honor any or all detainers issued 14 pursuant to section 287(d)(1) of the Immigra- 15 tion and Nationality Act (8 U.S.C. 1357(d)(1)), 16 and, as a consequence of its statute, policy or 17 practice, the subordinate political subdivision 18 declined to honor a detainer issued pursuant to 19 such section, and as a consequence released the 20 alien from custody prior to the commission of 21 such crime. 22 (2) LIMITATIONS 23 action may not be brought under this subsection 24 later than 10 years following the occurrence of the g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 ON BRINGING ACTION.—An 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 282 1 crime, or death of a person as a result of such 2 crime, whichever occurs later. 3 (3) PROPER a political sub- 4 division of a State declines to honor a detainer 5 issued pursuant to section 287(d)(1) of the Immi- 6 gration and Nationality Act (8 U.S.C. 1357(d)) as 7 a consequence of the State or another political sub- 8 division with jurisdiction over the subdivision prohib- 9 iting the subdivision through a statute or other legal 10 requirement of the State or other political subdivi- 11 sion— 12 (A) from honoring the detainer; or 13 (B) fully complying with section 642 of the 14 Illegal Immigration Reform and Immigrant Re- 15 sponsibility Act of 1996 (8 U.S.C. 1373), 16 and, as a consequence of the statute or other legal 17 requirement of the State or other political subdivi- 18 sion, the subdivision released the alien referred to in 19 paragraph (1) from custody prior to the commission 20 of the crime referred to in that paragraph, the State 21 or other political subdivision that enacted the statute 22 or other legal requirement, shall be deemed to be the 23 proper defendant in a cause of action under this 24 subsection, and no such cause of action may be g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 DEFENDANT.—If 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 283 1 maintained against the political subdivision which 2 declined to honor the detainer. 3 (4) ATTORNEY’S FEE AND OTHER COSTS.—In 4 any action or proceeding under this subsection the 5 court shall allow a prevailing plaintiff a reasonable 6 attorneys fee as part of the costs, and include expert 7 fees as part of the attorneys fee. 8 TITLE IV—ASYLUM REFORM 9 SEC. 4101. CREDIBLE FEAR INTERVIEWS. 10 Section 235(b)(1)(B)(v) of the Immigration and Na- 11 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 12 striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 13 as determined pursuant to section 208(b)(1)(B)(iii), and 14 such other facts as are known to the officer, that the alien 15 could establish eligibility for asylum under section 208, 16 and it is more probable than not that the statements made 17 by, and on behalf of, the alien in support of the alien’s 18 claim are true.’’. 19 SEC. 4102. JURISDICTION OF ASYLUM APPLICATIONS. 20 Section 208(b)(3) of the Immigration and Nationality 21 Act (8 U.S.C. 1158) is amended by striking subparagraph 22 (C). g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 284 1 SEC. 4103. RECORDING EXPEDITED REMOVAL AND CRED- 2 3 IBLE FEAR INTERVIEWS. (a) IN GENERAL.—The Secretary of Homeland Secu- 4 rity shall establish quality assurance procedures and take 5 steps to effectively ensure that questions by employees of 6 the Department of Homeland Security exercising expe7 dited removal authority under section 235(b) of the Immi8 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 9 in a uniform manner, to the extent possible, and that both 10 these questions and the answers provided in response to 11 them are recorded in a uniform fashion. 12 (b) FACTORS RELATING TO SWORN STATEMENTS.— 13 Where practicable, any sworn or signed written statement 14 taken of an alien as part of the record of a proceeding 15 under section 235(b)(1)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom17 panied by a recording of the interview which served as the 18 basis for that sworn statement. 19 (c) INTERPRETERS.—The Secretary shall ensure that 20 a competent interpreter, not affiliated with the govern21 ment of the country from which the alien may claim asy22 lum, is used when the interviewing officer does not speak 23 a language understood by the alien. 24 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 25 There shall be an audio or audio visual recording of inter26 views of aliens subject to expedited removal. The recording g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 285 1 shall be included in the record of proceeding and shall be 2 considered as evidence in any further proceedings involv3 ing the alien. 4 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 5 section shall be construed to create any right, benefit, 6 trust, or responsibility, whether substantive or procedural, 7 enforceable in law or equity by a party against the United 8 States, its departments, agencies, instrumentalities, enti9 ties, officers, employees, or agents, or any person, nor does 10 this section create any right of review in any administra11 tive, judicial, or other proceeding. 12 13 SEC. 4104. SAFE THIRD COUNTRY. Section 208(a)(2)(A) of the Immigration and Nation- 14 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 15 (1) by striking ‘‘Attorney General’’ each place 16 it appears and inserting ‘‘Secretary of Homeland Se- 17 curity’’; and 18 (2) by striking ‘‘removed, pursuant to a bilat- 19 eral or multilateral agreement, to’’ and inserting 20 ‘‘removed to’’. 21 SEC. 4105. RENUNCIATION OF ASYLUM STATUS PURSUANT 22 TO RETURN TO HOME COUNTRY. 23 (a) IN GENERAL.—Section 208(c) of the Immigration 24 and Nationality Act (8 U.S.C. 1158(c)) is amended by 25 adding at the end the following new paragraph: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 286 1 ‘‘(4) RENUNCIATION 2 RETURN TO HOME COUNTRY.— 3 ‘‘(A) IN OF STATUS PURSUANT TO GENERAL.—Except as provided in 4 subparagraph (B) , any alien who is granted 5 asylum status under this Act, who, absent 6 changed country conditions, subsequently re- 7 turns to the country of such alien’s nationality 8 or, in the case of an alien having no nationality, 9 returns to any country in which such alien last 10 habitually resided, and who applied for such 11 status because of persecution or a well-founded 12 fear of persecution in that country on account 13 of race, religion, nationality, membership in a 14 particular social group, or political opinion, 15 shall have his or her status terminated. 16 ‘‘(B) WAIVER.—The Secretary has discre- 17 tion to waive subparagraph (A) if it is estab- 18 lished to the satisfaction of the Secretary that 19 the alien had a compelling reason for the re- 20 turn. The waiver may be sought prior to depar- 21 ture from the United States or upon return.’’. 22 (b) CONFORMING AMENDMENT.—Section 208(c)(3) 23 of the Immigration and Nationality Act (8 U.S.C. 24 1158(c)(3)) is amended by inserting after ‘‘paragraph 25 (2)’’ the following: ‘‘or (4)’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 287 1 SEC. 4106. NOTICE CONCERNING FRIVOLOUS ASYLUM AP- 2 3 PLICATIONS. (a) IN GENERAL.—Section 208(d)(4) of the Immi- 4 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 5 amended— 6 (1) in the matter preceding subparagraph (A), 7 by inserting ‘‘the Secretary of Homeland Security 8 or’’ before ‘‘the Attorney General’’; 9 (2) in subparagraph (A), by striking ‘‘and of 10 the consequences, under paragraph (6), of knowingly 11 filing a frivolous application for asylum; and’’ and 12 inserting a semicolon; 13 14 (3) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and 15 (4) by adding at the end the following: 16 ‘‘(C) ensure that a written warning ap- 17 pears on the asylum application advising the 18 alien of the consequences of filing a frivolous 19 application and serving as notice to the alien of 20 the consequence of filing a frivolous applica- 21 tion.’’. 22 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 23 of the Immigration and Nationality Act (8 U.S.C. 24 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 25 follows and inserting: g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 288 1 ‘‘(A) If the Secretary of Homeland Secu- 2 rity or the Attorney General determines that an 3 alien has knowingly made a frivolous applica- 4 tion for asylum and the alien has received the 5 notice under paragraph (4)(C), the alien shall 6 be permanently ineligible for any benefits under 7 this chapter, effective as the date of the final 8 determination of such an application; 9 ‘‘(B) An application is frivolous if the Sec- 10 retary of Homeland Security or the Attorney 11 General determines, consistent with subpara- 12 graph (C), that— 13 ‘‘(i) it is so insufficient in substance 14 that it is clear that the applicant know- 15 ingly filed the application solely or in part 16 to delay removal from the United States, 17 to seek employment authorization as an 18 applicant for asylum pursuant to regula- 19 tions issued pursuant to paragraph (2), or 20 to seek issuance of a Notice to Appeal in 21 order to pursue Cancellation of Removal 22 under section 240A(b); or 23 ‘‘(ii) any of the material elements are 24 knowingly fabricated. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 289 1 ‘‘(C) In determining that an application is 2 frivolous, the Secretary or the Attorney Gen- 3 eral, must be satisfied that the applicant, dur- 4 ing the course of the proceedings, has had suffi- 5 cient opportunity to clarify any discrepancies or 6 implausible aspects of the claim. 7 ‘‘(D) For purposes of this section, a find- 8 ing that an alien filed a frivolous asylum appli- 9 cation shall not preclude the alien from seeking 10 withholding 11 241(b)(3).) or protection pursuant to the Con- 12 vention Against Torture.’’. 13 14 of removal under section SEC. 4107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec- 15 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 16 Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 17 after ‘‘all relevant factors’’ the following: ‘‘, including 18 statements made to, and investigative reports prepared by, 19 immigration authorities and other government officials’’. 20 (b) RELIEF 21 MINATIONS.—Section FOR REMOVAL CREDIBILITY DETER240(c)(4)(C) of the Immigration 22 and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 23 by inserting after ‘‘all relevant factors’’ the following: ‘‘, 24 including statements made to, and investigative reports g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 290 1 prepared by, immigration authorities and other govern2 ment officials’’. 3 4 SEC. 4108. PENALTIES FOR ASYLUM FRAUD. Section 1001 of title 18 is amended by inserting at 5 the end of the paragraph— 6 ‘‘(d) Whoever, in any matter before the Secretary of 7 Homeland Security or the Attorney General pertaining to 8 asylum under section 208 of the Immigration and Nation9 ality Act or withholding of removal under section 10 241(b)(3) of such Act, knowingly and willfully— 11 12 ‘‘(1) makes any materially false, fictitious, or fraudulent statement or representation; or 13 ‘‘(2) makes or uses any false writings or docu- 14 ment knowing the same to contain any materially 15 false, fictitious, or fraudulent statement or entry; 16 shall be fined under this title or imprisoned not more than 17 10 years, or both.’’. 18 19 SEC. 4109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. Section 3291 of title 18 is amended— 20 21 (1) by striking ‘‘1544,’’ and inserting ‘‘1544, and section 1546,’’; 22 (2) by striking ‘‘offense.’’ and inserting ‘‘of- 23 fense or within 10 years after the fraud is discov- 24 ered.’’. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 291 1 2 SEC. 4110. TECHNICAL AMENDMENTS. Section 208 of the Immigration and Nationality Act 3 (8 U.S.C. 1158) is amended— 4 (1) in subsection (a)— 5 (A) in paragraph (2)(D), by inserting 6 ‘‘Secretary of Homeland Security or the’’ before 7 ‘‘Attorney General’’; and 8 (B) in paragraph (3), by inserting ‘‘Sec- 9 retary of Homeland Security or the’’ before 10 ‘‘Attorney General’’; 11 (2) in subsection (b)(2), by inserting ‘‘Secretary 12 of Homeland Security or the’’ before ‘‘Attorney Gen- 13 eral’’ each place such term appears; 14 (3) in subsection (c)— 15 (A) in paragraph (1), by striking ‘‘Attor- 16 ney General’’ each place such term appears and 17 inserting ‘‘Secretary of Homeland Security’’; 18 (B) in paragraph (2), in the matter pre- 19 ceding subparagraph (A), by by inserting ‘‘Sec- 20 retary of Homeland Security or the’’ before 21 ‘‘Attorney General’’; and 22 (C) in paragraph (3), by inserting ‘‘Sec- 23 retary of Homeland Security or the’’ before 24 ‘‘Attorney General’’; and 25 (4) in subsection (d)— g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 292 1 (A) in paragraph (1), by inserting ‘‘Sec- 2 retary of Homeland Security or the’’ before 3 ‘‘Attorney General’’ each place such term ap- 4 pears; 5 (B) in paragraph (2), by striking ‘‘Attor- 6 ney General’’ and inserting ‘‘Secretary of 7 Homeland Security’’; and 8 (C) in paragraph (5)— 9 (i) in subparagraph (A), by striking 10 ‘‘Attorney General’’ and inserting ‘‘Sec- 11 retary of Homeland Security’’; and 12 (ii) in subparagraph (B), by inserting 13 ‘‘Secretary of Homeland Security or the’’ 14 before ‘‘Attorney General’’. DIVISION C—ADDITIONAL MATTERS 15 16 17 18 SEC. 1101. JUDICIAL REVIEW. In any action seeking judicial review of final agency 19 action under the authority of this division A, division B, 20 or the amendments made by such divisions, to the extent 21 necessary to decision and when presented, the reviewing 22 court shall determine the meaning or applicability of the 23 terms of an agency action and decide de novo all relevant 24 questions of law, including the interpretation of constitu25 tional and statutory provisions, and rules made by agen- g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML G:\P\15\IMM\CH_001.XML 293 1 cies. If the reviewing court determines that a statutory 2 or regulatory provision relevant to its decision contains a 3 gap or ambiguity, the court shall not interpret that gap 4 or ambiguity as an implicit delegation to the agency of 5 legislative rule making authority and shall not rely on such 6 gap or ambiguity as a justification either for interpreting 7 agency authority expansively or for deferring to the agen8 cy’s interpretation on the question of law. g:\VHLC\061418\061418.097.xml June 14, 2018 (1:04 p.m.) VerDate 0ct 09 2002 13:04 Jun 14, 2018 Jkt 000000 (697089 48) PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 C:\USERS\HRBRAZ~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CH_001.XML