I 

115TH CONGRESS 

2D SESSION H. R. 4760 

To amend the immigration laws and the homeland security laws, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2018 

Mr. GOODLATTE (for himself, Mr. MCCAUL, Mr. LABRADOR, Ms. MCSALLY, 

Mr. SENSENBRENNER, and Mr. CARTER of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Education and the Workforce, Homeland Security, Foreign Affairs, Ways and Means, Armed Services, Oversight and Government Reform, Agriculture, Transportation and Infrastructure, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the immigration laws and the homeland security 

laws, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Securing America’s Future Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

DIVISION A—LEGAL IMMIGRATION REFORM 

TITLE I—IMMIGRANT VISA ALLOCATIONS AND PRIORITIES 

Sec. 1101. Family-sponsored immigration priorities. 

Sec. 1102. Elimination of diversity visa program. 

Sec. 1103. Employment-based immigration priorities. 

Sec. 1104. Waiver of rights by B visa nonimmigrants. 

TITLE II—AGRICULTURAL WORKER REFORM 

Sec. 2101. Short title. 

Sec. 2102. H–2C temporary agricultural work visa program. 

Sec. 2103. Admission of temporary H–2C workers. 

Sec. 2104. Mediation. 

Sec. 2105. Migrant and seasonal agricultural worker protection. 

Sec. 2106. Binding arbitration. 

Sec. 2107. Eligibility for health care subsidies and refundable tax credits; required health insurance coverage. 

Sec. 2108. Study of establishment of an agricultural worker employment pool. 

Sec. 2109. Prevailing wage. 

Sec. 2110. Effective dates; sunset; regulations. 

Sec. 2111. Report on compliance and violations. 

TITLE III—VISA SECURITY 

Sec. 3101. Cancellation of additional visas. 

Sec. 3102. Visa information sharing. 

Sec. 3103. Restricting waiver of visa interviews. 

Sec. 3104. Authorizing the Department of State to not interview certain ineligible visa applicants. 

Sec. 3105. Visa refusal and revocation. 

Sec. 3106. Petition and application processing for visas and immigration benefits. 

Sec. 3107. Fraud prevention. 

Sec. 3108. Visa ineligibility for spouses and children of drug traffickers. 

Sec. 3109. DNA testing. 

Sec. 3110. Access to NCIC criminal history database for diplomatic visas. 

Sec. 3111. Elimination of signed photograph requirement for visa applications. 

Sec. 3112. Additional fraud detection and prevention. 

DIVISION B—INTERIOR IMMIGRATION ENFORCEMENT 

TITLE I—LEGAL WORKFORCE ACT 

Sec. 1101. Short title. 

Sec. 1102. Employment eligibility verification process. 

Sec. 1103. Employment eligibility verification system. 

Sec. 1104. Recruitment, referral, and continuation of employment. 

Sec. 1105. Good faith defense. 

Sec. 1106. Preemption and States’ rights. 

Sec. 1107. Repeal. 

Sec. 1108. Penalties. 

Sec. 1109. Fraud and misuse of documents. 

Sec. 1110. Protection of Social Security Administration programs. 


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Sec. 1111. Fraud prevention. 

Sec. 1112. Use of employment eligibility verification photo tool. 

Sec. 1113. Identity authentication employment eligibility verification pilot programs. 

Sec. 1114. Inspector General audits. 

TITLE II—SANCTUARY CITIES AND STATE AND LOCAL LAW 

ENFORCEMENT COOPERATION 

Sec. 2201. Short title. 

Sec. 2202. State noncompliance with enforcement of immigration law. 

Sec. 2203. Clarifying the authority of ice detainers. 

Sec. 2204. Sarah and Grant’s law. 

Sec. 2205. Clarification of congressional intent. 

Sec. 2206. Penalties for illegal entry or presence. 

TITLE III—CRIMINAL ALIENS 

Sec. 3301. Precluding admissibility of aliens convicted of aggravated felonies or 

other serious offenses. 

Sec. 3302. Increased penalties barring the admission of convicted sex offenders 

failing to register and requiring deportation of sex offenders 

failing to register. 

Sec. 3303. Grounds of inadmissibility and deportability for alien gang members. 

Sec. 3304. Inadmissibility and deportability of drunk drivers. 

Sec. 3305. Definition of aggravated felony. 

Sec. 3306. Precluding withholding of removal for aggravated felons. 

Sec. 3307. Protecting immigrants from convicted sex offenders. 

Sec. 3308. Clarification to crimes of violence and crimes involving moral turpitude. 

Sec. 3309. Detention of dangerous aliens. 

Sec. 3310. Timely repatriation. 

Sec. 3311. Illegal reentry. 

TITLE IV—ASYLUM REFORM 

Sec. 4401. Clarification of intent regarding taxpayer-provided counsel. 

Sec. 4402. Credible fear interviews. 

Sec. 4403. Recording expedited removal and credible fear interviews. 

Sec. 4404. Safe third country. 

Sec. 4405. Renunciation of asylum status pursuant to return to home country. 

Sec. 4406. Notice concerning frivolous asylum applications. 

Sec. 4407. Anti-fraud investigative work product. 

Sec. 4408. Penalties for asylum fraud. 

Sec. 4409. Statute of limitations for asylum fraud. 

Sec. 4410. Technical amendments. 

TITLE V—UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS 

APPREHENDED ALONG THE BORDER 

Sec. 5501. Repatriation of unaccompanied alien children. 

Sec. 5502. Special immigrant juvenile status for immigrants unable to reunite 

with either parent. 

Sec. 5503. Jurisdiction of asylum applications. 

Sec. 5504. Quarterly report to Congress. 

Sec. 5505. Biannual report to Congress. 

Sec. 5506. Clarification of standards for family detention. 


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DIVISION C—BORDER ENFORCEMENT 

Sec. 1100. Short title. 

TITLE I—BORDER SECURITY 

Sec. 1101. Definitions. 

Subtitle A—Infrastructure and Equipment 

Sec. 1111. Strengthening the requirements for barriers along the southern border. 

Sec. 1112. Air and Marine Operations flight hours. 

Sec. 1113. Capability deployment to specific sectors and transit zone. 

Sec. 1114. U.S. Border Patrol activities. 

Sec. 1115. Border security technology program management. 

Sec. 1116. Reimbursement of States for deployment of the National Guard at 

the southern border. 

Sec. 1117. National Guard support to secure the southern border. 

Sec. 1118. Prohibitions on actions that impede border security on certain Federal land. 

Sec. 1119. Landowner and rancher security enhancement. 

Sec. 1120. Eradication of carrizo cane and salt cedar. 

Sec. 1121. Southern border threat analysis. 

Sec. 1122. Amendments to U.S. Customs and Border Protection. 

Sec. 1123. Agent and officer technology use. 

Sec. 1124. Integrated Border Enforcement Teams. 

Sec. 1125. Tunnel Task Forces. 

Sec. 1126. Pilot program on use of electromagnetic spectrum in support of border security operations. 

Sec. 1127. Homeland security foreign assistance. 

Subtitle B—Personnel 

Sec. 1131. Additional U.S. Customs and Border Protection agents and officers. 

Sec. 1132. U.S. Customs and Border Protection retention incentives. 

Sec. 1133. Anti-Border Corruption Reauthorization Act. 

Sec. 1134. Training for officers and agents of U.S. Customs and Border Protection. 

Subtitle C—Grants 

Sec. 1141. Operation Stonegarden. 

Subtitle D—Authorization of Appropriations 

Sec. 1151. Authorization of appropriations. 

TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND 

INFRASTRUCTURE FUNDING 

Sec. 2101. Ports of entry infrastructure. 

Sec. 2102. Secure communications. 

Sec. 2103. Border security deployment program. 

Sec. 2104. Pilot and upgrade of license plate readers at ports of entry. 

Sec. 2105. Non-intrusive inspection operational demonstration. 

Sec. 2106. Biometric exit data system. 

Sec. 2107. Sense of Congress on cooperation between agencies. 


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Sec. 2108. Authorization of appropriations. 

Sec. 2109. Definition. 

TITLE III—VISA SECURITY AND INTEGRITY 

Sec. 3101. Visa security. 

Sec. 3102. Electronic passport screening and biometric matching. 

Sec. 3103. Reporting of visa overstays. 

Sec. 3104. Student and exchange visitor information system verification. 

Sec. 3105. Social media review of visa applicants. 

TITLE IV—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT 

SPOTTER PREVENTION AND ELIMINATION 

Sec. 4101. Short title. 

Sec. 4102. Unlawfully hindering immigration, border, and customs controls. 

DIVISION D—LAWFUL STATUS FOR CERTAIN CHILDHOOD 

ARRIVALS 

Sec. 1101. Definitions. 

Sec. 1102. Contingent nonimmigrant status for certain aliens who entered the 

United States as minors. 

Sec. 1103. Administrative and judicial review. 

Sec. 1104. Penalties and signature requirements. 

Sec. 1105. Rulemaking. 

Sec. 1106. Statutory construction. 

1 DIVISION A—LEGAL 

2 IMMIGRATION REFORM 

3 TITLE I—IMMIGRANT VISA 

4 ALLOCATIONS AND PRIORITIES 

5 SEC. 1101. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 

6 (a) IMMEDIATE RELATIVE REDEFINED.—Section 

7 201 of the Immigration and Nationality Act (8 U.S.C. 

8 1151) is amended— 

9 (1) in subsection (b)(2)(A)— 

10 (A) in clause (i), by striking ‘‘children, 

11 spouses, and parents of a citizen of the United 

12 States, except that, in the case of parents, such 

13 citizens shall be at least 21 years of age.’’ and 


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1 inserting ‘‘children and spouse of a citizen of 

2 the United States.’’; and 

3 (B) in clause (ii), by striking ‘‘such an im4 mediate relative’’ and inserting ‘‘the immediate 

5 relative spouse of a United States citizen’’; 

6 (2) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

9 IMMIGRANTS.—(1) The worldwide level of family-spon10 sored immigrants under this subsection for a fiscal year 

11 is equal to 87,934 minus the number computed under 

12 paragraph (2). 

13 ‘‘(2) The number computed under this paragraph for 

14 a fiscal year is the number of aliens who were paroled into 

15 the United States under section 212(d)(5) in the second 

16 preceding fiscal year who— 

17 ‘‘(A) did not depart from the United States 

18 (without advance parole) within 365 days; and 

19 ‘‘(B)(i) did not acquire the status of an alien 

20 lawfully admitted to the United States for perma21 nent residence during the two preceding fiscal years; 

22 or 

23 ‘‘(ii) acquired such status during such period 

24 under a provision of law (other than subsection (b)) 

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1 merical limitation on the worldwide level of immigra2 tion under this section.’’; and 

3 (3) in subsection (f)— 

4 (A) in paragraph (2), by striking ‘‘section 

5 203(a)(2)(A)’’ and inserting ‘‘section 203(a)’’; 

6 (B) by striking paragraph (3); 

7 (C) by redesignating paragraph (4) as 

8 paragraph (3); and 

9 (D) in paragraph (3), as redesignated, by 

10 striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 

11 and (2)’’. 

12 (b) FAMILY-BASED VISA PREFERENCES.—Section 

13 203(a) of the Immigration and Nationality Act (8 U.S.C. 

14 1153(a)) is amended to read as follows: 

15 ‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA16 NENT RESIDENT ALIENS.—Family-sponsored immigrants 

17 described in this subsection are qualified immigrants who 

18 are the spouse or a child of an alien lawfully admitted 

19 for permanent residence. Such immigrants shall be allo20 cated visas in accordance with the number computed 

21 under section 201(c).’’. 

22 (c) AGING OUT.—Section 203(h) of the Immigration 

23 and Nationality Act (8 U.S.C. 1153(h)) is amended— 

24 (1) by striking ‘‘(a)(2)(A)’’ each place such 

25 term appears and inserting ‘‘(a)(2)’’; 


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1 (2) by amending paragraph (1) to read as fol2 lows: 

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

4 for purposes of subsections (a)(2) and (d), a deter5 mination of whether an alien satisfies the age re6 quirement in the matter preceding subparagraph (A) 

7 of section 101(b)(1) shall be made using the age of 

8 the alien on the date on which a petition is filed with 

9 the Secretary of Homeland Security.’’. 

10 (3) by redesignating paragraphs (2) through 

11 (4) as paragraphs (3) through (5), respectively; 

12 (4) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) LIMITATION.—Notwithstanding the age of 

15 an alien on the date on which a petition is filed, an 

16 alien who marries or turns 25 years of age prior to 

17 being issued a visa pursuant to subsection (a)(2) or 

18 (d), no longer satisfies the age requirement de19 scribed in paragraph (1).’’; and 

20 (5) in paragraph (5), as so redesignated, by 

21 striking ‘‘(3)’’ and inserting ‘‘(4)’’. 

22 (d) CONFORMING AMENDMENTS.— 

23 (1) DEFINITION OF V NONIMMIGRANT.—Section 

24 101(a)(15)(V) of the Immigration and Nationality 

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1 ing ‘‘section 203(a)(2)(A)’’ each place such term ap2 pears and inserting ‘‘section 203(a)’’. 

3 (2) NUMERICAL LIMITATION TO ANY SINGLE

4 FOREIGN STATE.—Section 202 of such Act (8 

5 U.S.C. 1152) is amended— 

6 (A) in subsection (a)(4)— 

7 (i) by striking subparagraphs (A) and 

8 (B) and inserting the following: 

9 ‘‘(A) 75 PERCENT OF FAMILY-SPONSORED

10 IMMIGRANTS NOT SUBJECT TO PER COUNTRY

11 LIMITATION.—Of the visa numbers made avail12 able under section 203(a) in any fiscal year, 75 

13 percent shall be issued without regard to the 

14 numerical limitation under paragraph (2). 

15 ‘‘(B) TREATMENT OF REMAINING 25 PER16 CENT FOR COUNTRIES SUBJECT TO SUB17 SECTION (e).— 

18 ‘‘(i) IN GENERAL.—Of the visa num19 bers made available under section 203(a) 

20 in any fiscal year, 25 percent shall be 

21 available, in the case of a foreign state or 

22 dependent area that is subject to sub23 section (e) only to the extent that the total 

24 number of visas issued in accordance with 

25 subparagraph (A) to natives of the foreign 


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1 state or dependent area is less than the 

2 subsection (e) ceiling. 

3 ‘‘(ii) SUBSECTION (e) CEILING DE4 FINED.—In clause (i), the term ‘subsection 

5 (e) ceiling’ means, for a foreign state or 

6 dependent area, 77 percent of the max7 imum number of visas that may be made 

8 available under section 203(a) to immi9 grants who are natives of the state or area, 

10 consistent with subsection (e).’’; and 

11 (ii) by striking subparagraphs (C) and 

12 (D); and 

13 (B) in subsection (e)— 

14 (i) in paragraph (1), by adding ‘‘and’’ 

15 at the end; 

16 (ii) by striking paragraph (2); 

17 (iii) by redesignating paragraph (3) as 

18 paragraph (2); and 

19 (iv) in the undesignated matter after 

20 paragraph (2), as redesignated, by striking 

21 ‘‘, respectively,’’ and all that follows and 

22 inserting a period. 

23 (3) PROCEDURE FOR GRANTING IMMIGRANT

24 STATUS.—Section 204 of such Act (8 U.S.C. 1154) 

25 is amended— 


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1 (A) in subsection (a)(1)— 

2 (i) in subparagraph (A)(i), by striking 

3 ‘‘to classification by reason of a relation4 ship described in paragraph (1), (3), or (4) 

5 of section 203(a) or’’; 

6 (ii) in subparagraph (B)— 

7 (I) in clause (i), by redesignating 

8 the second subclause (I) as subclause 

9 (II); and 

10 (II) by striking ‘‘203(a)(2)(A)’’ 

11 each place such terms appear and in12 serting ‘‘203(a)’’; and 

13 (iii) in subparagraph (D)(i)(I), by 

14 striking ‘‘a petitioner’’ and all that follows 

15 through ‘‘section 204(a)(1)(B)(iii).’’ and 

16 inserting ‘‘an individual younger than 21 

17 years of age for purposes of adjudicating 

18 such petition and for purposes of admis19 sion as an immediate relative under section 

20 201(b)(2)(A)(i) or a family-sponsored im21 migrant under section 203(a), as appro22 priate, notwithstanding the actual age of 

23 the individual.’’; 

24 (B) in subsection (f)(1), by striking ‘‘, 

25 203(a)(1), or 203(a)(3), as appropriate’’; and 


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1 (C) by striking subsection (k). 

2 (4) WAIVERS OF INADMISSIBILITY.—Section 

3 212 of such Act (8 U.S.C. 1182) is amended— 

4 (A) in subsection (a)(6)(E)(ii), by striking 

5 ‘‘section 203(a)(2)’’ and inserting ‘‘section 

6 203(a)’’; and 

7 (B) in subsection (d)(11), by striking 

8 ‘‘(other than paragraph (4) thereof)’’. 

9 (5) EMPLOYMENT OF V NONIMMIGRANTS.—Sec10 tion 214(q)(1)(B)(i) of such Act (8 U.S.C. 

11 1184(q)(1)(B)(i)) is amended by striking ‘‘section 

12 203(a)(2)(A)’’ each place such term appears and in13 serting ‘‘section 203(a)’’. 

14 (6) DEFINITION OF ALIEN SPOUSE.—Section 

15 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 

16 is amended by striking ‘‘section 203(a)(2)’’ and in17 serting ‘‘section 203(a)’’. 

18 (7) CLASSES OF DEPORTABLE ALIENS.—Sec19 tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 

20 1227(a)(1)(E)(ii)) is amended by striking ‘‘section 

21 203(a)(2)’’ and inserting ‘‘section 203(a)’’. 

22 (e) CREATION OF NONIMMIGRANT CLASSIFICATION

23 FOR ALIEN PARENTS OF ADULT UNITED STATES CITI24 ZENS.— 


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1 (1) IN GENERAL.—Section 101(a)(15) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)) is amended— 

4 (A) in subparagraph (T)(ii)(III), by strik5 ing the period at the end and inserting a semi6 colon; 

7 (B) in subparagraph (U)(iii), by striking 

8 ‘‘or’’ at the end; 

9 (C) in subparagraph (V)(ii)(II), by striking 

10 the period at the end and inserting ‘‘; or’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(W) Subject to section 214(s), an alien 

13 who is a parent of a citizen of the United 

14 States, if the citizen— 

15 ‘‘(i) is at least 21 years of age; and 

16 ‘‘(ii) has never received contingent 

17 nonimmigrant status under division D of 

18 the Securing America’s Future Act.’’. 

19 (2) CONDITIONS ON ADMISSION.—Section 214 

20 of such Act (8 U.S.C. 1184) is amended by adding 

21 at the end the following: 

22 ‘‘(s)(1) The initial period of authorized admission for 

23 a nonimmigrant described in section 101(a)(15)(W) shall 

24 be 5 years, but may be extended by the Secretary of 

25 Homeland Security for additional 5-year periods if the 


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1 United States citizen son or daughter of the nonimmigrant 

2 is still residing in the United States. 

3 ‘‘(2) A nonimmigrant described in section 

4 101(a)(15)(W)— 

5 ‘‘(A) is not authorized to be employed in 

6 the United States; and 

7 ‘‘(B) is not eligible for any Federal, State, 

8 or local public benefit. 

9 ‘‘(3) Regardless of the resources of a non10 immigrant described in section 101(a)(15)(W), the 

11 United States citizen son or daughter who sponsored 

12 the nonimmigrant parent shall be responsible for the 

13 nonimmigrant’s support while the nonimmigrant re14 sides in the United States. 

15 ‘‘(4) An alien is ineligible to receive a visa or 

16 to be admitted into the United States as a non17 immigrant described in section 101(a)(15)(W) unless 

18 the alien provides satisfactory proof that the United 

19 States citizen son or daughter has arranged for 

20 health insurance coverage for the alien, at no cost to 

21 the alien, during the anticipated period of the alien’s 

22 residence in the United States.’’. 

23 (f) EFFECTIVE DATE; APPLICABILITY.— 

24 (1) EFFECTIVE DATE.—The amendments made 

25 by this section shall take effect on October 1, 2018. 


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1 (2) INVALIDITY OF CERTAIN PETITIONS AND

2 APPLICATIONS.— 

3 (A) IN GENERAL.—No person may file, 

4 and the Secretary of Homeland Security and 

5 the Secretary of State may not accept, adju6 dicate, or approve any petition under section 

7 204 of the Immigration and Nationality Act (8 

8 U.S.C. 1154) filed on or after the date of enact9 ment of this Act seeking classification of an 

10 alien under section 201(b)(2)(A)(i) with respect 

11 to a parent of a United States citizen, or under 

12 section 203(a)(1), (2)(B), (3) or (4) of such Act 

13 (8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), 

14 (3), or (4)). Any application for adjustment of 

15 status or an immigrant visa based on such a 

16 petition shall be invalid. 

17 (B) PENDING PETITIONS.—Neither the 

18 Secretary of Homeland Security nor the Sec19 retary of State may adjudicate or approve any 

20 petition under section 204 of the Immigration 

21 and Nationality Act (8 U.S.C. 1154) pending 

22 as of the date of enactment of this Act seeking 

23 classification of an alien under section 

24 201(b)(2)(A)(i) with respect to a parent of a 

25 United States citizen, or under section 


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1 203(a)(1), (2)(B), (3) or (4) of such Act (8 

2 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), 

3 (3), or (4)). Any application for adjustment of 

4 status or an immigrant visa based on such a 

5 petition shall be invalid. 

6 (3) APPLICABILITY TO WAITLISTED APPLI7 CANTS.— 

8 (A) IN GENERAL.—Notwithstanding the 

9 amendments made by this section, an alien with 

10 regard to whom a petition or application for 

11 status under paragraph (1), (2)(B), (3) or (4) 

12 of section 203(a) of the Immigration and Na13 tionality Act (8 U.S.C. 1153(a)), as in effect on 

14 September 30, 2018, was approved prior to the 

15 date of the enactment of this Act, may be 

16 issued a visa pursuant to that paragraph in ac17 cordance with the availability of visas under 

18 subparagraph (B). 

19 (B) AVAILABILITY OF VISAS.—Visas may 

20 be issued to beneficiaries of approved petitions 

21 under each category described in subparagraph 

22 (A), but only until such time as the number of 

23 visas that would have been allocated to that 

24 category in fiscal year 2019, notwithstanding 

25 the amendments made by this section, have 


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1 been issued. When the number of visas de2 scribed in the previous sentence have been 

3 issued for each category described in subpara4 graph (A), no additional visas may be issued for 

5 that category. 

6 SEC. 1102. ELIMINATION OF DIVERSITY VISA PROGRAM. 

7 (a) IN GENERAL.—Section 203 of the Immigration 

8 and Nationality Act (8 U.S.C. 1153) is amended by strik9 ing subsection (c). 

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 (1) IMMIGRATION AND NATIONALITY ACT.—The 

12 Immigration and Nationality Act (8 U.S.C. 1101 et 

13 seq.) is amended— 

14 (A) in section 101(a)(15)(V), by striking 

15 ‘‘section 203(d)’’ and inserting ‘‘section 

16 203(c)’’; 

17 (B) in section 201— 

18 (i) in subsection (a)— 

19 (I) in paragraph (1), by adding 

20 ‘‘and’’ at the end; and 

21 (II) by striking paragraph (3); 

22 and 

23 (ii) by striking subsection (e); 

24 (C) in section 203— 


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1 (i) in subsection (b)(2)(B)(ii)(IV), by 

2 striking ‘‘section 203(b)(2)(B)’’ each place 

3 such term appears and inserting ‘‘clause 

4 (i)’’; 

5 (ii) by redesignating subsections (d), 

6 (e), (f), (g), and (h) as subsections (c), (d), 

7 (e), (f), and (g), respectively; 

8 (iii) in subsection (c), as redesignated, 

9 by striking ‘‘subsection (a), (b), or (c)’’ 

10 and inserting ‘‘subsection (a) or (b)’’; 

11 (iv) in subsection (d), as redesig12 nated— 

13 (I) by striking paragraph (2); 

14 and 

15 (II) by redesignating paragraph 

16 (3) as paragraph (2); 

17 (v) in subsection (e), as redesignated, 

18 by striking ‘‘subsection (a), (b), or (c) of 

19 this section’’ and inserting ‘‘subsection (a) 

20 or (b)’’; 

21 (vi) in subsection (f), as redesignated, 

22 by striking ‘‘subsections (a), (b), and (c)’’ 

23 and inserting ‘‘subsections (a) and (b)’’; 

24 and 


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1 (vii) in subsection (g), as redesig2 nated— 

3 (I) by striking ‘‘(d)’’ each place 

4 such term appears and inserting 

5 ‘‘(c)’’; and 

6 (II) in paragraph (2)(B), by 

7 striking ‘‘subsection (a), (b), or (c)’’ 

8 and inserting ‘‘subsection (a) or (b)’’; 

9 (D) in section 204— 

10 (i) in subsection (a)(1), by striking 

11 subparagraph (I); 

12 (ii) in subsection (e), by striking ‘‘sub13 section (a), (b), or (c) of section 203’’ and 

14 inserting ‘‘subsection (a) or (b) of section 

15 203’’; and 

16 (iii) in subsection (l)(2)— 

17 (I) in subparagraph (B), by 

18 striking ‘‘section 203 (a) or (d)’’ and 

19 inserting ‘‘subsection (a) or (c) of sec20 tion 203’’; and 

21 (II) in subparagraph (C), by 

22 striking ‘‘section 203(d)’’ and insert23 ing ‘‘section 203(c)’’; 


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1 (E) in section 214(q)(1)(B)(i), by striking 

2 ‘‘section 203(d)’’ and inserting ‘‘section 

3 203(c)’’; 

4 (F) in section 216(h)(1), in the undesig5 nated matter following subparagraph (C), by 

6 striking ‘‘section 203(d)’’ and inserting ‘‘section 

7 203(c)’’; and 

8 (G) in section 245(i)(1)(B), by striking 

9 ‘‘section 203(d)’’ and inserting ‘‘section 

10 203(c)’’. 

11 (2) IMMIGRANT INVESTOR PILOT PROGRAM.— 

12 Section 610(d) of the Departments of Commerce, 

13 Justice, and State, the Judiciary, and Related Agen14 cies Appropriations Act, 1993 (Public Law 102– 

15 395) is amended by striking ‘‘section 203(e) of such 

16 Act (8 U.S.C. 1153(e))’’ and inserting ‘‘section 

17 203(d) of such Act (8 U.S.C. 1153(d))’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the first day of the first 

20 fiscal year beginning on or after the date of the enactment 

21 of this Act. 


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1 SEC. 1103. EMPLOYMENT-BASED IMMIGRATION PRIOR2 ITIES. 

3 (a) INCREASE IN VISAS FOR SKILLED WORKERS.— 

4 The Immigration and Nationality Act (8 U.S.C. 1101 et 

5 seq.) is amended— 

6 (1) in section 201(d)(1)(A), by striking 

7 ‘‘140,000’’ and inserting ‘‘195,000’’; and 

8 (2) in section 203(b)— 

9 (A) in paragraph (1), by striking ‘‘28.6 

10 percent of such worldwide level’’ and inserting 

11 ‘‘58,374’’; 

12 (B) in paragraphs (2) and (3), by striking 

13 ‘‘28.6 percent of such worldwide level’’ each 

14 place it appears and inserting ‘‘58,373’’; and 

15 (C) by striking ‘‘7.1 percent of such world16 wide level’’ each place it appears and inserting 

17 ‘‘9,940’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 subsection (a) shall take effect on the first day of fiscal 

20 year 2019 and shall apply to the visas made available in 

21 that and subsequent fiscal years. 

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

23 Section 101(a)(15)(B) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(15)(B)) is amended by 

25 adding before the semicolon at the end the following: ‘‘, 

26 and who has waived any right to review or appeal of an 


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1 immigration officer’s determination as to the admissibility 

2 of the alien at the port of entry into the United States, 

3 or to contest, other than on the basis of an application 

4 for asylum, any action for removal of the alien’’. 

5 TITLE II—AGRICULTURAL 

6 WORKER REFORM 

7 SEC. 2101. SHORT TITLE. 

8 This title may be cited as— 

9 (1) the ‘‘Agricultural Guestworker Act’’; or 

10 (2) the ‘‘AG Act’’. 

11 SEC. 2102. H–2C TEMPORARY AGRICULTURAL WORK VISA 

12 PROGRAM. 

13 (a) IN GENERAL.—Section 101(a)(15)(H) of the Im14 migration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) 

15 is amended by striking ‘‘; or (iii)’’ and inserting ‘‘, or (c) 

16 having a residence in a foreign country which he has no 

17 intention of abandoning who is coming temporarily to the 

18 United States to perform agricultural labor or services; or 

19 (iii)’’. 

20 (b) DEFINITION.—Section 101(a) of such Act (8 

21 U.S.C. 1101(a)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(53) The term ‘agricultural labor or services’ has 

24 the meaning given such term by the Secretary of Agri25 culture in regulations and includes— 


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1 ‘‘(A) agricultural labor as defined in section 

2 3121(g) of the Internal Revenue Code of 1986; 

3 ‘‘(B) agriculture as defined in section 3(f) of 

4 the Fair Labor Standards Act of 1938 (29 U.S.C. 

5 203(f)); 

6 ‘‘(C) the handling, planting, drying, packing, 

7 packaging, processing, freezing, or grading prior to 

8 delivery for storage of any agricultural or horti9 cultural commodity in its unmanufactured state; 

10 ‘‘(D) all activities required for the preparation, 

11 processing or manufacturing of a product of agri12 culture (as such term is defined in such section 3(f)) 

13 for further distribution; 

14 ‘‘(E) forestry-related activities; 

15 ‘‘(F) aquaculture activities; and 

16 ‘‘(G) the primary processing of fish or shellfish, 

17 except that in regard to labor or services consisting 

18 of meat or poultry processing, the term ‘agricultural 

19 labor or services’ only includes the killing of animals 

20 and the breakdown of their carcasses.’’. 

21 SEC. 2103. ADMISSION OF TEMPORARY H–2C WORKERS. 

22 (a) PROCEDURE FOR ADMISSION.—Chapter 2 of title 

23 II of the Immigration and Nationality Act (8 U.S.C. 1181 

24 et seq.) is amended by inserting after section 218 the fol25 lowing: 


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1 ‘‘SEC. 218A. ADMISSION OF TEMPORARY H–2C WORKERS. 

2 ‘‘(a) DEFINITIONS.—In this section and section 

3 218B: 

4 ‘‘(1) DISPLACE.—The term ‘displace’ means to 

5 lay off a United States worker from the job for 

6 which H–2C workers are sought. 

7 ‘‘(2) JOB.—The term ‘job’ refers to all posi8 tions with an employer that— 

9 ‘‘(A) involve essentially the same respon10 sibilities; 

11 ‘‘(B) are held by workers with substan12 tially equivalent qualifications and experience; 

13 and 

14 ‘‘(C) are located in the same place or 

15 places of employment. 

16 ‘‘(3) EMPLOYER.—The term ‘employer’ includes 

17 a single or joint employer, including an association 

18 acting as a joint employer with its members, who 

19 hires workers to perform agricultural labor or serv20 ices. 

21 ‘‘(4) FORESTRY-RELATED ACTIVITIES.—The 

22 term ‘forestry-related activities’ includes tree plant23 ing, timber harvesting, logging operations, brush 

24 clearing, vegetation management, herbicide applica25 tion, the maintenance of rights-of-way (including for 

26 roads, trails, and utilities), regardless of whether 


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1 such right-of-way is on forest land, and the har2 vesting of pine straw. 

3 ‘‘(5) H–2C WORKER.—The term ‘H–2C worker’ 

4 means a nonimmigrant described in section 

5 101(a)(15)(H)(ii)(c). 

6 ‘‘(6) LAY OFF.— 

7 ‘‘(A) IN GENERAL.—The term ‘lay off’— 

8 ‘‘(i) means to cause a worker’s loss of 

9 employment, other than through a dis10 charge for inadequate performance, viola11 tion of workplace rules, cause, voluntary 

12 departure, voluntary retirement, or the ex13 piration of a grant or contract (other than 

14 a temporary employment contract entered 

15 into in order to evade a condition described 

16 in paragraph (4) of subsection (b)); and 

17 ‘‘(ii) does not include any situation in 

18 which the worker is offered, as an alter19 native to such loss of employment, a simi20 lar position with the same employer at 

21 equivalent or higher wages and benefits 

22 than the position from which the employee 

23 was discharged, regardless of whether or 

24 not the employee accepts the offer. 


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1 ‘‘(B) CONSTRUCTION.—Nothing in this 

2 paragraph is intended to limit an employee’s 

3 rights under a collective bargaining agreement 

4 or other employment contract. 

5 ‘‘(7) UNITED STATES WORKER.—The term 

6 ‘United States worker’ means any worker who is— 

7 ‘‘(A) a citizen or national of the United 

8 States; or 

9 ‘‘(B) an alien who is lawfully admitted for 

10 permanent residence, is admitted as a refugee 

11 under section 207, or is granted asylum under 

12 section 208. 

13 ‘‘(8) SPECIAL PROCEDURES INDUSTRY.—The 

14 term ‘special procedures industry’ includes sheep15 herding, goat herding, and the range production of 

16 livestock, itinerant commercial beekeeping and polli17 nation, itinerant animal shearing, and custom com18 bining and harvesting. 

19 ‘‘(b) PETITION.—An employer that seeks to employ 

20 aliens as H–2C workers under this section shall file with 

21 the Secretary of Homeland Security a petition attesting 

22 to the following: 

23 ‘‘(1) OFFER OF EMPLOYMENT.—The employer 

24 will offer employment to the aliens on a contractual 

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1 cific period of time during which the aliens may not 

2 work on an at-will basis (as provided for in section 

3 218B), and such contract shall only be required to 

4 include a description of each place of employment, 

5 period of employment, wages and other benefits to 

6 be provided, and the duties of the positions. 

7 ‘‘(2) TEMPORARY LABOR OR SERVICES.— 

8 ‘‘(A) IN GENERAL.—The employer is seek9 ing to employ a specific number of H–2C work10 ers on a temporary basis and will provide com11 pensation to such workers at a wage rate no 

12 less than that set forth in subsection (k)(2). 

13 ‘‘(B) DEFINITION.—For purposes of this 

14 paragraph, a worker is employed on a tem15 porary basis if the employer intends to employ 

16 the worker for no longer than the time period 

17 set forth in subsection (n)(1) (subject to the ex18 ceptions in subsection (n)(3)). 

19 ‘‘(3) BENEFITS, WAGES, AND WORKING CONDI20 TIONS.—The employer will provide, at a minimum, 

21 the benefits, wages, and working conditions required 

22 by subsection (k) to all workers employed in the job 

23 for which the H–2C workers are sought. 

24 ‘‘(4) NONDISPLACEMENT OF UNITED STATES

25 WORKERS.—The employer did not displace and will 


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1 not displace United States workers employed by the 

2 employer during the period of employment of the H– 

3 2C workers and during the 30-day period imme4 diately preceding such period of employment in the 

5 job for which the employer seeks approval to employ 

6 H–2C workers. 

7 ‘‘(5) RECRUITMENT.— 

8 ‘‘(A) IN GENERAL.—The employer— 

9 ‘‘(i) conducted adequate recruitment 

10 before filing the petition; and 

11 ‘‘(ii) was unsuccessful in locating suf12 ficient numbers of willing and qualified 

13 United States workers for the job for 

14 which the H–2C workers are sought. 

15 ‘‘(B) OTHER REQUIREMENTS.—The re16 cruitment requirement under subparagraph (A) 

17 is satisfied if the employer places a local job 

18 order with the State workforce agency serving 

19 each place of employment, except that nothing 

20 in this subparagraph shall require the employer 

21 to file an interstate job order under section 653 

22 of title 20, Code of Federal Regulations. The 

23 State workforce agency shall post the job order 

24 on its official agency website for a minimum of 

25 30 days and not later than 3 days after receipt 


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1 using the employment statistics system author2 ized under section 15 of the Wagner-Peyser Act 

3 (29 U.S.C. 49l–2). The Secretary of Labor 

4 shall include links to the official Web sites of all 

5 State workforce agencies on a single webpage of 

6 the official Web site of the Department of 

7 Labor. 

8 ‘‘(C) END OF RECRUITMENT REQUIRE9 MENT.—The requirement to recruit United 

10 States workers for a job shall terminate on the 

11 first day that work begins for the H–2C work12 ers. 

13 ‘‘(6) OFFERS TO UNITED STATES WORKERS.— 

14 The employer has offered or will offer the job for 

15 which the H–2C workers are sought to any eligible 

16 United States workers who— 

17 ‘‘(A) apply; 

18 ‘‘(B) are qualified for the job; and 

19 ‘‘(C) will be available at the time, at each 

20 place, and for the duration, of need. 

21 This requirement shall not apply to United States 

22 workers who apply for the job on or after the first 

23 day that work begins for the H–2C workers. 

24 ‘‘(7) PROVISION OF INSURANCE.—If the job for 

25 which the H–2C workers are sought is not covered 


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1 by State workers’ compensation law, the employer 

2 will provide, at no cost to the workers unless State 

3 law provides otherwise, insurance covering injury 

4 and disease arising out of, and in the course of, the 

5 workers’ employment, which will provide benefits at 

6 least equal to those provided under the State work7 ers compensation law for comparable employment. 

8 ‘‘(8) STRIKE OR LOCKOUT.—The job that is the 

9 subject of the petition is not vacant because the 

10 former workers in that job are on strike or locked 

11 out in the course of a labor dispute. 

12 ‘‘(c) PUBLIC EXAMINATION.—Not later than 1 work13 ing day after the date on which a petition under this sec14 tion is filed, the employer shall make the petition available 

15 for public examination, at the employer’s principal place 

16 of employment. 

17 ‘‘(d) LIST.— 

18 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

19 Security shall maintain a list of the petitions filed 

20 under this subsection, which shall— 

21 ‘‘(A) be sorted by employer; and 

22 ‘‘(B) include the number of H–2C workers 

23 sought, the wage rate, the period of employ24 ment, each place of employment, and the date 

25 of need for each alien. 


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1 ‘‘(2) AVAILABILITY.—The Secretary of Home2 land Security shall make the list available for public 

3 examination. 

4 ‘‘(e) PETITIONING FOR ADMISSION.— 

5 ‘‘(1) CONSIDERATION OF PETITIONS.—For peti6 tions filed and considered under this subsection— 

7 ‘‘(A) the Secretary of Homeland Security 

8 may not require such petition to be filed more 

9 than 28 days before the first date the employer 

10 requires the labor or services of H–2C workers; 

11 ‘‘(B) within the appropriate time period 

12 under subparagraph (C) or (D), the Secretary 

13 of Homeland Security shall— 

14 ‘‘(i) approve the petition; 

15 ‘‘(ii) reject the petition; or 

16 ‘‘(iii) determine that the petition is in17 complete or obviously inaccurate or that 

18 the employer has not complied with the re19 quirements of subsection (b)(5)(A)(i) 

20 (which the Secretary can ascertain by 

21 verifying whether the employer has placed 

22 a local job order as provider for in sub23 section (b)(5)(B)); 

24 ‘‘(C) if the Secretary determines that the 

25 petition is incomplete or obviously inaccurate, 


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1 or that the employer has not complied with the 

2 requirements of subsection (b)(5)(A)(i) (which 

3 the Secretary can ascertain by verifying wheth4 er the employer has placed a local job order as 

5 provider for in subsection (b)(5)(B)), the Sec6 retary shall— 

7 ‘‘(i) within 5 business days of receipt 

8 of the petition, notify the petitioner of the 

9 deficiencies to be corrected by means en10 suring same or next day delivery; and 

11 ‘‘(ii) within 5 business days of receipt 

12 of the corrected petition, approve or reject 

13 the petition and provide the petitioner with 

14 notice of such action by means ensuring 

15 same or next day delivery; and 

16 ‘‘(D) if the Secretary does not determine 

17 that the petition is incomplete or obviously inac18 curate, the Secretary shall not later than 10 

19 business days after the date on which such peti20 tion was filed, either approve or reject the peti21 tion and provide the petitioner with notice of 

22 such action by means ensuring same or next 

23 day delivery. 

24 ‘‘(2) ACCESS.—By filing an H–2C petition, the 

25 petitioner and each employer (if the petitioner is an 


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1 association that is a joint employer of workers who 

2 perform agricultural labor or services) consent to 

3 allow access to each place of employment to the De4 partment of Agriculture and the Department of 

5 Homeland Security for the purpose of investigations 

6 and audits to determine compliance with the immi7 gration laws (as defined in section 101(a)(17)). 

8 ‘‘(f) ROLES OF AGRICULTURAL ASSOCIATIONS.— 

9 ‘‘(1) TREATMENT OF ASSOCIATIONS ACTING AS

10 EMPLOYERS.—If an association is a joint employer 

11 of workers who perform agricultural labor or serv12 ices, H–2C workers may be transferred among its 

13 members to perform the agricultural labor or serv14 ices on a temporary basis for which the petition was 

15 approved. 

16 ‘‘(2) TREATMENT OF VIOLATIONS.— 

17 ‘‘(A) INDIVIDUAL MEMBER.—If an indi18 vidual member of an association that is a joint 

19 employer commits a violation described in para20 graph (2) or (3) of subsection (i) or subsection 

21 (j)(1), the Secretary of Agriculture shall invoke 

22 penalties pursuant to subsections (i) and (j) 

23 against only that member of the association un24 less the Secretary of Agriculture determines 


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1 that the association participated in, had knowl2 edge of, or had reason to know of the violation. 

3 ‘‘(B) ASSOCIATION OF AGRICULTURAL EM4 PLOYERS.—If an association that is a joint em5 ployer commits a violation described in sub6 sections (i)(2) and (3) or (j)(1), the Secretary 

7 of Agriculture shall invoke penalties pursuant 

8 to subsections (i) and (j) against only the asso9 ciation and not any individual members of the 

10 association, unless the Secretary determines 

11 that the member participated in the violation. 

12 ‘‘(g) EXPEDITED ADMINISTRATIVE APPEALS.—The 

13 Secretary of Homeland Security shall promulgate regula14 tions to provide for an expedited procedure for the review 

15 of a denial of a petition under this section by the Sec16 retary. At the petitioner’s request, the review shall include 

17 a de novo administrative hearing at which new evidence 

18 may be introduced. 

19 ‘‘(h) FEES.—The Secretary of Homeland Security 

20 shall require, as a condition of approving the petition, the 

21 payment of a fee to recover the reasonable cost of proc22 essing the petition. 

23 ‘‘(i) ENFORCEMENT.— 

24 ‘‘(1) INVESTIGATIONS AND AUDITS.—The Sec25 retary of Agriculture shall be responsible for conVerDate Sep 11 2014 21:40 Jan 11, 2018 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4760.IH H4760

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1 ducting investigations and audits, including random 

2 audits, of employers to ensure compliance with the 

3 requirements of the H–2C program. All monetary 

4 fines levied against employers shall be paid to the 

5 Department of Agriculture and used to enhance the 

6 Department of Agriculture’s investigative and audit7 ing abilities to ensure compliance by employers with 

8 their obligations under this section. 

9 ‘‘(2) VIOLATIONS.—If the Secretary of Agri10 culture finds, after notice and opportunity for a 

11 hearing, a failure to fulfill an attestation required by 

12 this subsection, or a material misrepresentation of a 

13 material fact in a petition under this subsection, the 

14 Secretary— 

15 ‘‘(A) may impose such administrative rem16 edies (including civil money penalties in an 

17 amount not to exceed $1,000 per violation) as 

18 the Secretary determines to be appropriate; and 

19 ‘‘(B) may disqualify the employer from the 

20 employment of H–2C workers for a period of 1 

21 year. 

22 ‘‘(3) WILLFUL VIOLATIONS.—If the Secretary 

23 of Agriculture finds, after notice and opportunity for 

24 a hearing, a willful failure to fulfill an attestation re25 quired by this subsection, or a willful misrepresentaVerDate Sep 11 2014 21:40 Jan 11, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4760.IH H4760

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1 tion of a material fact in a petition under this sub2 section, the Secretary— 

3 ‘‘(A) may impose such administrative rem4 edies (including civil money penalties in an 

5 amount not to exceed $5,000 per violation, or 

6 not to exceed $15,000 per violation if in the 

7 course of such failure or misrepresentation the 

8 employer displaced one or more United States 

9 workers employed by the employer during the 

10 period of employment of H–2C workers or dur11 ing the 30-day period immediately preceding 

12 such period of employment) in the job the H– 

13 2C workers are performing as the Secretary de14 termines to be appropriate; 

15 ‘‘(B) may disqualify the employer from the 

16 employment of H–2C workers for a period of 2 

17 years; 

18 ‘‘(C) may, for a subsequent failure to fulfill 

19 an attestation required by this subsection, or a 

20 misrepresentation of a material fact in a peti21 tion under this subsection, disqualify the em22 ployer from the employment of H–2C workers 

23 for a period of 5 years; and 

24 ‘‘(D) may, for a subsequent willful failure 

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1 section, or a willful misrepresentation of a ma2 terial fact in a petition under this subsection, 

3 permanently disqualify the employer from the 

4 employment of H–2C workers. 

5 ‘‘(j) FAILURE TO PAY WAGES OR REQUIRED BENE6 FITS.— 

7 ‘‘(1) IN GENERAL.—If the Secretary of Agri8 culture finds, after notice and opportunity for a 

9 hearing, that the employer has failed to provide the 

10 benefits, wages, and working conditions that the em11 ployer has attested that it would provide under this 

12 subsection, the Secretary shall require payment of 

13 back wages, or such other required benefits, due any 

14 United States workers or H–2C workers employed 

15 by the employer. 

16 ‘‘(2) AMOUNT.—The back wages or other re17 quired benefits described in paragraph (1)— 

18 ‘‘(A) shall be equal to the difference be19 tween the amount that should have been paid 

20 and the amount that was paid to such workers; 

21 and 

22 ‘‘(B) shall be distributed to the workers to 

23 whom such wages or benefits are due. 

24 ‘‘(k) MINIMUM WAGES, BENEFITS, AND WORKING

25 CONDITIONS.— 


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1 ‘‘(1) PREFERENTIAL TREATMENT OF H–2C

2 WORKERS PROHIBITED.— 

3 ‘‘(A) IN GENERAL.—Each employer seek4 ing to hire United States workers for the job 

5 the H–2C workers will perform shall offer such 

6 United States workers not less than the same 

7 benefits, wages, and working conditions that the 

8 employer will provide to the H–2C workers. No 

9 job offer may impose on United States workers 

10 any restrictions or obligations which will not be 

11 imposed on H–2C workers. 

12 ‘‘(B) INTERPRETATION.—Every interpreta13 tion and determination made under this section 

14 or under any other law, regulation, or interpre15 tative provision regarding the nature, scope, 

16 and timing of the provision of these and any 

17 other benefits, wages, and other terms and con18 ditions of employment shall be made so that— 

19 ‘‘(i) the services of workers to their 

20 employers and the employment opportuni21 ties afforded to workers by the employers, 

22 including those employment opportunities 

23 that require United States workers or H– 

24 2C workers to travel or relocate in order to 

25 accept or perform employment— 


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1 ‘‘(I) mutually benefit such work2 ers, as well as their families, and em3 ployers; and 

4 ‘‘(II) principally benefit neither 

5 employer nor employee; and 

6 ‘‘(ii) employment opportunities within 

7 the United States benefit the United 

8 States economy. 

9 ‘‘(2) REQUIRED WAGES.— 

10 ‘‘(A) IN GENERAL.—Each employer peti11 tioning for H–2C workers under this subsection 

12 (other than in the case of workers who will per13 form agricultural labor or services consisting of 

14 meat or poultry processing) will offer the H–2C 

15 workers, during the period of authorized em16 ployment as H–2C workers, wages that are at 

17 least the greatest of— 

18 ‘‘(i) the applicable State or local min19 imum wage; 

20 ‘‘(ii) 115 percent of the Federal min21 imum wage, or 150 percent of the Federal 

22 minimum wage; or 

23 ‘‘(iii) the actual wage level paid by the 

24 employer to all other individuals in the job. 

25 ‘‘(B) SPECIAL RULES.— 


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1 ‘‘(i) ALTERNATE WAGE PAYMENT SYS2 TEMS.—An employer can utilize a piece 

3 rate or other alternative wage payment 

4 system so long as the employer guarantees 

5 each worker a wage rate that equals or ex6 ceeds the amount required under subpara7 graph (A) for the total hours worked in 

8 each pay period. Compensation from a 

9 piece rate or other alternative wage pay10 ment system shall include time spent dur11 ing rest breaks, moving from job to job, 

12 clean up, or any other nonproductive time, 

13 provided that such time does not exceed 20 

14 percent of the total hours in the work day. 

15 ‘‘(ii) MEAT OR POULTRY PROC16 ESSING.—Each employer petitioning for 

17 H–2C workers under this subsection who 

18 will perform agricultural labor or services 

19 consisting of meat or poultry processing 

20 will offer the H–2C workers, during the 

21 period of authorized employment as H–2C 

22 workers, wages that are at least the great23 est of— 

24 ‘‘(I) the applicable State or local 

25 minimum wage; 


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1 ‘‘(II) 115 percent of the Federal 

2 minimum wage; 

3 ‘‘(III) the prevailing wage level 

4 for the occupational classification in 

5 the area of employment; or 

6 ‘‘(IV) the actual wage level paid 

7 by the employer to all other individ8 uals in the job. 

9 ‘‘(3) EMPLOYMENT GUARANTEE.— 

10 ‘‘(A) IN GENERAL.— 

11 ‘‘(i) REQUIREMENT.—Each employer 

12 petitioning for workers under this sub13 section shall guarantee to offer the H–2C 

14 workers and United States workers per15 forming the same job employment for the 

16 hourly equivalent of not less than 50 per17 cent of the work hours set forth in the 

18 work contract. 

19 ‘‘(ii) FAILURE TO MEET GUAR20 ANTEE.—If an employer affords the 

21 United States workers or the H–2C work22 ers less employment than that required 

23 under this subparagraph, the employer 

24 shall pay such workers the amount which 

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1 ers had worked for the guaranteed number 

2 of hours. 

3 ‘‘(B) CALCULATION OF HOURS.—Any 

4 hours which workers fail to work, up to a max5 imum of the number of hours specified in the 

6 work contract for a work day, when the workers 

7 have been offered an opportunity to do so, and 

8 all hours of work actually performed (including 

9 voluntary work in excess of the number of 

10 hours specified in the work contract in a work 

11 day) may be counted by the employer in calcu12 lating whether the period of guaranteed employ13 ment has been met. 

14 ‘‘(C) LIMITATION.—If the workers aban15 don employment before the end of the work 

16 contract period, or are terminated for cause, 

17 the workers are not entitled to the 50 percent 

18 guarantee described in subparagraph (A). 

19 ‘‘(D) TERMINATION OF EMPLOYMENT.— 

20 ‘‘(i) IN GENERAL.—If, before the expi21 ration of the period of employment speci22 fied in the work contract, the services of 

23 the workers are no longer required due to 

24 any form of natural disaster, including 

25 flood, hurricane, freeze, earthquake, fire, 


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1 drought, plant or animal disease, pest in2 festation, regulatory action, or any other 

3 reason beyond the control of the employer 

4 before the employment guarantee in sub5 paragraph (A) is fulfilled, the employer 

6 may terminate the workers’ employment. 

7 ‘‘(ii) REQUIREMENTS.—If a worker’s 

8 employment is terminated under clause (i), 

9 the employer shall— 

10 ‘‘(I) fulfill the employment guar11 antee in subparagraph (A) for the 

12 work days that have elapsed during 

13 the period beginning on the first work 

14 day and ending on the date on which 

15 such employment is terminated; 

16 ‘‘(II) make efforts to transfer the 

17 worker to other comparable employ18 ment acceptable to the worker; and 

19 ‘‘(III) not later than 72 hours 

20 after termination, notify the Secretary 

21 of Agriculture of such termination 

22 and stating the nature of the contract 

23 impossibility. 

24 ‘‘(l) NONDELEGATION.—The Department of Agri25 culture and the Department of Homeland Security shall 


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1 not delegate their investigatory, enforcement, or adminis2 trative functions relating to this section or section 218B 

3 to other agencies or departments of the Federal Govern4 ment. 

5 ‘‘(m) COMPLIANCE WITH BIO-SECURITY PROTO6 COLS.—Except in the case of an imminent threat to health 

7 or safety, any personnel from a Federal agency or Federal 

8 grantee seeking to determine the compliance of an em9 ployer with the requirements of this section or section 

10 218B shall, when visiting such employer’s place of employ11 ment, make their presence known to the employer and 

12 sign-in in accordance with reasonable bio-security proto13 cols before proceeding to any other area of the place of 

14 employment. 

15 ‘‘(n) LIMITATION ON H–2C WORKERS’ STAY IN STA16 TUS.— 

17 ‘‘(1) MAXIMUM PERIOD.—The maximum con18 tinuous period of authorized status as an H–2C 

19 worker (including any extensions) is 18 months for 

20 workers employed in a job that is of a temporary or 

21 seasonal nature. For H–2C workers employed in a 

22 job that is not of a temporary or seasonal nature, 

23 the initial maximum continuous period of authorized 

24 status is 36 months and subsequent maximum con25 tinuous periods of authorized status are 18 months. 


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1 ‘‘(2) REQUIREMENT TO REMAIN OUTSIDE THE

2 UNITED STATES.—In the case of H–2C workers who 

3 were employed in a job of a temporary or seasonal 

4 nature whose maximum continuous period of author5 ized status as H–2C workers (including any exten6 sions) have expired, the aliens may not again be eli7 gible to be H–2C workers until they remain outside 

8 the United States for a continuous period equal to 

at least 1 9 ⁄12 of the duration of their previous period 

10 of authorized status an H–2C workers. For H–2C 

11 workers who were employed in a job not of a tem12 porary or seasonal nature whose maximum contin13 uous period of authorized status as H–2C workers 

14 (including any extensions) have expired, the aliens 

15 may not again be eligible to be H–2C workers until 

16 they remain outside the United States for a continuous period equal to at least the lesser of 1 17 ⁄12 of the 

18 duration of their previous period of authorized sta19 tus as H–2C workers or 45 days. 

20 ‘‘(3) EXCEPTIONS.— 

21 ‘‘(A) The Secretary of Homeland Security 

22 shall deduct absences from the United States 

23 that take place during an H–2C worker’s period 

24 of authorized status from the period that the 

25 alien is required to remain outside the United 


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1 States under paragraph (2), if the alien or the 

2 alien’s employer requests such a deduction, and 

3 provides clear and convincing proof that the 

4 alien qualifies for such a deduction. Such proof 

5 shall consist of evidence such as arrival and de6 parture records, copies of tax returns, and 

7 records of employment abroad. 

8 ‘‘(B) There is no maximum continuous pe9 riod of authorized status as set forth in para10 graph (1) or a requirement to remain outside 

11 the United States as set forth in paragraph (2) 

12 for H–2C workers employed as a sheepherder, 

13 goatherder, in the range production of livestock, 

14 or who return to the workers’ permanent resi15 dence outside the United States each day. 

16 ‘‘(o) PERIOD OF ADMISSION.— 

17 ‘‘(1) IN GENERAL.—In addition to the max18 imum continuous period of authorized status, work19 ers’ authorized period of admission shall include— 

20 ‘‘(A) a period of not more than 7 days 

21 prior to the beginning of authorized employ22 ment as H–2C workers for the purpose of travel 

23 to the place of employment; and 

24 ‘‘(B) a period of not more than 14 days 

25 after the conclusion of their authorized employVerDate Sep 11 2014 21:40 Jan 11, 2018 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4760.IH H4760

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1 ment for the purpose of departure from the 

2 United States or a period of not more than 30 

3 days following the employment for the purpose 

4 of seeking a subsequent offer of employment by 

5 an employer pursuant to a petition under this 

6 section (or pursuant to at-will employment 

7 under section 218B during such times as that 

8 section is in effect) if they have not reached 

9 their maximum continuous period of authorized 

10 employment under subsection (n) (subject to 

11 the exceptions in subsection (n)(3)) unless they 

12 accept subsequent offers of employment as H– 

13 2C workers or are otherwise lawfully present. 

14 ‘‘(2) FAILURE TO DEPART.—H–2C workers 

15 who do not depart the United States within the peri16 ods referred to in paragraph (1) will be considered 

17 to have failed to maintain nonimmigrant status as 

18 H–2C workers and shall be subject to removal under 

19 section 237(a)(1)(C)(i). Such aliens shall be consid20 ered to be inadmissible pursuant to section 

21 212(a)(9)(B)(i) for having been unlawfully present, 

22 with the aliens considered to have been unlawfully 

23 present for 181 days as of the 15th day following 

24 their period of employment for the purpose of depar25 ture or as of the 31st day following their period of 


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1 employment for the purpose of seeking subsequent 

2 offers of employment. 

3 ‘‘(p) ABANDONMENT OF EMPLOYMENT.— 

4 ‘‘(1) REPORT BY EMPLOYER.—Not later than 

5 72 hours after an employer learns of the abandon6 ment of employment by H–2C workers before the 

7 conclusion of their work contracts, the employer 

8 shall notify the Secretary of Agriculture and the 

9 Secretary of Homeland Security of such abandon10 ment. 

11 ‘‘(2) REPLACEMENT OF ALIENS.—An employer 

12 may designate eligible aliens to replace H–2C work13 ers who abandon employment notwithstanding the 

14 numerical limitation found in section 214(g)(1)(C). 

15 ‘‘(q) CHANGE TO H–2C STATUS.— 

16 ‘‘(1) WAIVER.—In the case of an alien de17 scribed in paragraph (4), the Secretary of Homeland 

18 Security shall waive the ground of inadmissibility 

19 under paragraphs (6)(C) and (9)(B) of section 

20 212(a) with respect to conduct that occurred prior 

21 to the alien first receiving status as an H–2C work22 er, solely in order to provide the alien with such sta23 tus. 

24 ‘‘(2) ALIEN DESCRIBED.—An alien described in 

25 this paragraph is an alien who— 


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1 ‘‘(A) was unlawfully present in the United 

2 States on October 23, 2017; 

3 ‘‘(B) performed agricultural labor or serv4 ices in the United States for at least 5.75 hours 

5 during each of at least 180 days during the 2- 

6 year period ending on October 23, 2017; and 

7 ‘‘(C) has departed the United States with8 in 180 days of the issuance of final rules car9 rying out the AG Act, and remains outside the 

10 United States. 

11 ‘‘(r) TRUST FUND TO ASSURE WORKER RETURN.— 

12 ‘‘(1) ESTABLISHMENT.—There is established in 

13 the Treasury of the United States a trust fund (in 

14 this section referred to as the ‘Trust Fund’) for the 

15 purpose of providing a monetary incentive for H–2C 

16 workers to return to their country of origin upon ex17 piration of their visas. 

18 ‘‘(2) WITHHOLDING OF WAGES; PAYMENT INTO

19 THE TRUST FUND.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding the 

21 Fair Labor Standards Act of 1938 (29 U.S.C. 

22 201 et seq.) and State and local wage laws, all 

23 employers of H–2C workers shall withhold from 

24 the wages of all H–2C workers other than those 

25 employed as sheepherders, goatherders, in the 


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1 range production of livestock, or who return to 

2 the their permanent residence outside the 

3 United States each day, an amount equivalent 

4 to 10 percent of the gross wages of each worker 

5 in each pay period and, on behalf of each work6 er, transfer such withheld amount to the Trust 

7 Fund. 

8 ‘‘(B) JOBS THAT ARE NOT OF A TEM9 PORARY OR SEASONAL NATURE.—Employers of 

10 H–2C workers employed in jobs that are not of 

11 a temporary or seasonal nature, other than 

12 those employed as a sheepherder, goatherder, or 

13 in the range production of livestock, shall also 

14 pay into the Trust Fund an amount equivalent 

15 to the Federal tax on the wages paid to H–2C 

16 workers that the employer would be obligated to 

17 pay under chapters 21 and 23 of the Internal 

18 Revenue Code of 1986 had the H–2C workers 

19 been subject to such chapters. 

20 ‘‘(3) DISTRIBUTION OF FUNDS.—Amounts paid 

21 into the Trust Fund on behalf of an H–2C worker, 

22 and held pursuant to paragraph (2)(A) and interest 

23 earned thereon, shall be transferred from the Trust 

24 Fund to the Secretary of Homeland Security, who 

25 shall distribute them to the worker if the worker— 


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1 ‘‘(A) applies to the Secretary of Homeland 

2 Security (or the designee of the Secretary) for 

3 payment within 120 days of the expiration of 

4 the alien’s last authorized stay in the United 

5 States as an H–2C worker, for which they seek 

6 amounts from the Trust Fund; 

7 ‘‘(B) establishes to the satisfaction of the 

8 Secretary of Homeland Security that they have 

9 complied with the terms and conditions of the 

10 H–2C program; 

11 ‘‘(C) once approved by the Secretary of 

12 Homeland Security for payment, physically ap13 pears at a United States embassy or consulate 

14 in the worker’s home country; and 

15 ‘‘(D) establishes their identity to the satis16 faction of the Secretary of Homeland Security. 

17 ‘‘(4) ADMINISTRATIVE EXPENSES.—The 

18 amounts paid into the Trust Fund and held pursu19 ant to paragraph (2)(B), and interest earned there20 on, shall be distributed annually to the Secretary of 

21 Agriculture and the Secretary of Homeland Security 

22 in amounts proportionate to the expenses incurred 

23 by such officials in the administration and enforce24 ment of the terms of the H–2C program. 


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1 ‘‘(5) LAW ENFORCEMENT.—Notwithstanding 

2 any other provision of law, amounts paid into the 

3 Trust Fund under paragraph (2), and interest 

4 earned thereon, that are not needed to carry out 

5 paragraphs (3) and (4) shall, to the extent provided 

6 in advance in appropriations Acts, be made available 

7 until expended without fiscal year limitation to the 

8 Secretary of Homeland Security to apprehend, de9 tain, and remove aliens inadmissible to or deportable 

10 from the United States. 

11 ‘‘(6) INVESTMENT OF TRUST FUND.— 

12 ‘‘(A) IN GENERAL.—It shall be the duty of 

13 the Secretary of the Treasury to invest such 

14 portion of the Trust Fund as is not, in the Sec15 retary’s judgment, required to meet current 

16 withdrawals. Such investments may be made 

17 only in interest-bearing obligations of the 

18 United States or in obligations guaranteed as to 

19 both principal and interest by the United 

20 States. 

21 ‘‘(B) CREDITS TO TRUST FUND.—The in22 terest on, and the proceeds from the sale or re23 demption of, any obligations held in the Trust 

24 Fund shall be credited to and form a part of 

25 the Trust Fund. 


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1 ‘‘(C) REPORT TO CONGRESS.—It shall be 

2 the duty of the Secretary of the Treasury to 

3 hold the Trust Fund, and (after consultation 

4 with the Secretary of Homeland Security) to re5 port to the Congress each year on the financial 

6 condition and the results of the operations of 

7 the Trust Fund during the preceding fiscal year 

8 and on its expected condition and operations 

9 during the next fiscal year. Such report shall be 

10 printed as both a House and a Senate docu11 ment of the session of the Congress in which 

12 the report is made. 

13 ‘‘(s) PROCEDURES FOR SPECIAL PROCEDURES IN14 DUSTRIES.— 

15 ‘‘(1) WORK LOCATIONS.—The Secretary of 

16 Homeland Security shall permit an employer in a 

17 Special Procedures Industry that does not operate at 

18 a single fixed place of employment to provide, as 

19 part of its petition, a list of places of employment, 

20 which— 

21 ‘‘(A) may include an itinerary; and 

22 ‘‘(B) may be subsequently amended at any 

23 time by the employer, after notice to the Sec24 retary. 


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1 ‘‘(2) WAGES.—Notwithstanding subsection 

2 (k)(2), the Secretary of Agriculture may establish 

3 monthly, weekly, or biweekly wage rates for occupa4 tions in a Special Procedures Industry for a State 

5 or other geographic area. For an employer in a Spe6 cial Procedures Industry that typically pays a 

7 monthly wage, the Secretary shall require that H– 

8 2C workers be paid not less frequently than monthly 

9 and at a rate no less than the legally required 

10 monthly cash wage in an amount as re-determined 

11 annually by the Secretary. 

12 ‘‘(3) ALLERGY LIMITATION.—An employer en13 gaged in the commercial beekeeping or pollination 

14 services industry may require that job applicants be 

15 free from bee-related allergies, including allergies to 

16 pollen and bee venom.’’. 

17 (b) AT-WILL EMPLOYMENT.—Chapter 2 of title II of 

18 the Immigration and Nationality Act (8 U.S.C. 1181 et 

19 seq.) is amended by inserting after section 218A (as in20 serted by subsection (a) of this section) the following: 

21 ‘‘SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H–2C 

22 WORKERS. 

23 ‘‘(a) IN GENERAL.—An employer that is designated 

24 as a ‘registered agricultural employer’ pursuant to sub25 section (c) may employ aliens as H–2C workers. However, 


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1 an H–2C worker may only perform labor or services pur2 suant to this section if the worker is already lawfully 

3 present in the United States as an H–2C worker, having 

4 been admitted or otherwise provided nonimmigrant status 

5 pursuant to section 218A, and has completed the period 

6 of employment specified in the job offer the worker accept7 ed pursuant to section 218A or the employer has termi8 nated the worker’s employment pursuant to section 

9 218A(k)(3)(D)(i). An H–2C worker who abandons the em10 ployment which was the basis for admission or status pur11 suant to section 218A may not perform labor or services 

12 pursuant to this section until the worker has returned to 

13 their home country, been readmitted as an H–2C worker 

14 pursuant to section 218A and has completed the period 

15 of employment specified in the job offer the worker accept16 ed pursuant to section 218A or the employer has termi17 nated the worker’s employment pursuant to section 

18 218A(k)(3)(D)(i). 

19 ‘‘(b) PERIOD OF STAY.—H–2C workers performing 

20 at-will labor or services for a registered agricultural em21 ployer are subject to the period of admission, limitation 

22 of stay in status, and requirement to remain outside the 

23 United States contained in subsections (o) and (n) of sec24 tion 218A, except that subsection (n)(3)(A) does not 

25 apply. 


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1 ‘‘(c) REGISTERED AGRICULTURAL EMPLOYERS.— 

2 The Secretary of Agriculture shall establish a process to 

3 accept and adjudicate applications by employers to be des4 ignated as registered agricultural employers. The Sec5 retary shall require, as a condition of approving the appli6 cation, the payment of a fee to recover the reasonable cost 

7 of processing the application. The Secretary shall des8 ignate an employer as a registered agricultural employer 

9 if the Secretary determines that the employer— 

10 ‘‘(1) employs (or plans to employ) individuals 

11 who perform agricultural labor or services; 

12 ‘‘(2) has not been subject to debarment from 

13 receiving temporary agricultural labor certifications 

14 pursuant to section 101(a)(15)(H)(ii)(a) within the 

15 last three years; 

16 ‘‘(3) has not been subject to disqualification 

17 from the employment of H–2C workers within the 

18 last five years; 

19 ‘‘(4) agrees to, if employing H–2C workers pur20 suant to this section, fulfill the attestations con21 tained in section 218A(b) as if it had submitted a 

22 petition making those attestations (excluding sub23 section (k)(3) of such section) and not to employ H– 

24 2C workers who have reached their maximum con25 tinuous period of authorized status under section 


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1 218A(n) (subject to the exceptions contained in sec2 tion 218A(n)(3)) or if the workers have complied 

3 with the terms of section 218A(n)(2); and 

4 ‘‘(5) agrees to notify the Secretary of Agri5 culture and the Secretary of Homeland Security 

6 each time it employs H–2C workers pursuant to this 

7 section within 72 hours of the commencement of em8 ployment and within 72 hours of the cessation of 

9 employment. 

10 ‘‘(d) LENGTH OF DESIGNATION.—An employer’s des11 ignation as a registered agricultural employer shall be 

12 valid for 3 years, and the Secretary may extend such des13 ignation for additional 3-year terms upon the reapplication 

14 of the employer. The Secretary shall revoke a designation 

15 before the expiration of its 3-year term if the employer 

16 is subject to disqualification from the employment of H– 

17 2C workers subsequent to being designated as a registered 

18 agricultural employer. 

19 ‘‘(e) ENFORCEMENT.—The Secretary of Agriculture 

20 shall be responsible for conducting investigations and au21 dits, including random audits, of employers to ensure com22 pliance with the requirements of this section. All monetary 

23 fines levied against employers shall be paid to the Depart24 ment of Agriculture and used to enhance the Department 

25 of Agriculture’s investigatory and audit abilities to ensure 


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1 compliance by employers with their obligations under this 

2 section and section 218A. The Secretary of Agriculture’s 

3 enforcement powers and an employer’s liability described 

4 in subsections (i) through (j) of section 218A are applica5 ble to employers employing H–2C workers pursuant to 

6 this section.’’. 

7 (c) PROHIBITION ON FAMILY MEMBERS.—Section 

8 101(a)(15)(H) of the Immigration and Nationality Act (8 

9 U.S.C. 1101(a)(15)(H)) is amended by striking ‘‘him;’’ at 

10 the end and inserting ‘‘him, except that no spouse or child 

11 may be admitted under clause (ii)(c);’’. 

12 (d) NUMERICAL CAP.—Section 214(g)(1) of the Im13 migration and Nationality Act (8 U.S.C. 1184(g)(1)) is 

14 amended— 

15 (1) in subparagraph (A), by striking ‘‘or’’ at 

16 the end; 

17 (2) in subparagraph (B), by striking the period 

18 at the end and inserting ‘‘; or’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(C) under section 101(a)(15)(H)(ii)(c)— 

21 ‘‘(i) except as otherwise provided under 

22 this subparagraph, may not exceed 40,000 for 

23 aliens issued visas or otherwise provided non24 immigrant status under such section for the 

25 purpose of performing agricultural labor or 


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1 services consisting or meat or poultry proc2 essing; 

3 ‘‘(ii) except as otherwise provided under 

4 this subparagraph, may not exceed 410,000 for 

5 aliens issued visas or otherwise provided non6 immigrant status under such section for the 

7 purpose of performing agricultural labor or 

8 services other than agricultural labor or services 

9 consisting of meat or poultry processing; 

10 ‘‘(iii) if the base allocation under clause (i) 

11 or (ii) is exhausted during any fiscal year, the 

12 base allocation under such clause for that and 

13 subsequent fiscal years shall be increased by the 

14 lesser of 10 percent or a percentage rep15 resenting the number of petitioned-for aliens 

16 (as a percentage of the base allocation) who 

17 would be eligible to be issued visas or otherwise 

18 provided nonimmigrant status described in that 

19 clause during that fiscal year but for the base 

20 allocation being exhausted, and if the increased 

21 base allocation is itself exhausted during a sub22 sequent fiscal year, the base allocation for that 

23 and subsequent fiscal years shall be further in24 creased by the lesser of 10 percent or a percent25 age representing the number of petitioned-for 


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1 aliens (as a percentage of the increased base al2 location) who would be eligible to be issued 

3 visas or otherwise provided nonimmigrant sta4 tus described in that clause during that fiscal 

5 year but for the increased base allocation being 

6 exhausted (subject to clause (iv)); 

7 ‘‘(iv) if the base allocation under clause (i) 

8 or (ii) is not exhausted during any fiscal year, 

9 the base allocation under such clause for subse10 quent fiscal years shall be decreased by the 

11 greater of 5 percent or a percentage rep12 resenting the unutilized portion of the base allo13 cation (as a percentage of the base allocation) 

14 during that fiscal year, and if in a subsequent 

15 fiscal year the decreased base allocation is itself 

16 not exhausted, the base allocation for fiscal 

17 years subsequent to that fiscal year shall be 

18 further decreased by the greater of 5 percent or 

19 a percentage representing the unutilized portion 

20 of the decreased base allocation (as a percent21 age of the decreased base allocation) during 

22 that fiscal year (subject to clause (iii) and ex23 cept that the base allocations under clauses (ii) 

24 shall not fall below 410,000); 


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1 ‘‘(v) the numerical limitations under this 

2 subparagraph shall not apply to any alien— 

3 ‘‘(I) who— 

4 ‘‘(aa) was physically present in 

5 the United States on October 23, 

6 2017; and 

7 ‘‘(bb) performed agricultural 

8 labor or services in the United States 

9 for at least 5.75 hours during each of 

10 at least 180 days during the 2-year 

11 period ending on October 23, 2017; or 

12 ‘‘(II) who has previously been issued a 

13 visa or otherwise provided nonimmigrant 

14 status pursuant to subclause (a) or (b) of 

15 section 101(a)(15)(H)(ii), but only to the 

16 extent that the alien is being petitioned for 

17 by an employer pursuant to section 

18 218A(b) who previously employed the alien 

19 pursuant to subclause (a) or (b) of section 

20 101(a)(15)(H)(ii) beginning no later than 

21 October 23, 2017.’’. 

22 (e) INTENT.—Section 214(b) of the Immigration and 

23 Nationality Act (8 U.S.C. 1184(b)) is amended by striking 

24 ‘‘section 101(a)(15)(H)(i) except subclause (b1) of such 


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1 section’’ and inserting ‘‘clause (i), except subclause (b1), 

2 or (ii)(c) of section 101(a)(15)(H)’’. 

3 (f) CLERICAL AMENDMENT.—The table of contents 

4 for the Immigration and Nationality Act (8 U.S.C. 1101 

5 et seq.) is amended by inserting after the item relating 

6 to section 218 the following: 

‘‘Sec. 218B. At-will employment of temporary H–2C workers.’’. 

7 SEC. 2104. MEDIATION. 

8 Nonimmigrants having status under section 

9 101(a)(15)(H)(ii)(c) of the Immigration and Nationality 

10 Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) may not bring civil 

11 actions for damages against their employers, nor may any 

12 other attorneys or individuals bring civil actions for dam13 ages on behalf of such nonimmigrants against the non14 immigrants’ employers, unless at least 90 days prior to 

15 bringing an action a request has been made to the Federal 

16 Mediation and Conciliation Service to assist the parties 

17 in reaching a satisfactory resolution of all issues involving 

18 all parties to the dispute and mediation has been at19 tempted. 

20 SEC. 2105. MIGRANT AND SEASONAL AGRICULTURAL 

21 WORKER PROTECTION. 

22 Section 3(8)(B)(ii) of the Migrant and Seasonal Agri23 cultural Worker Protection Act (29 U.S.C. 

24 1802(8)(B)(ii)) is amended by striking ‘‘under sections 

25 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 


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1 Nationality Act.’’ and inserting ‘‘under subclauses (a) and 

2 (c) of section 101(a)(15)(H)(ii), and section 214(c), of the 

3 Immigration and Nationality Act.’’. 

4 SEC. 2106. BINDING ARBITRATION. 

5 (a) APPLICABILITY.—H–2C workers may, as a condi6 tion of employment with an employer, be subject to man7 datory binding arbitration and mediation of any grievance 

8 relating to the employment relationship. An employer shall 

9 provide any such workers with notice of such condition of 

10 employment at the time it makes job offers. 

11 (b) ALLOCATION OF COSTS.—Any cost associated 

12 with such arbitration and mediation process shall be 

13 equally divided between the employer and the H–2C work14 ers, except that each party shall be responsible for the cost 

15 of its own counsel, if any. 

16 (c) DEFINITIONS.—As used in this section: 

17 (1) The term ‘‘condition of employment’’ means 

18 a term, condition, obligation, or requirement that is 

19 part of the job offer, such as the term of employ20 ment, job responsibilities, employee conduct stand21 ards, and the grievance resolution process, and to 

22 which applicants or prospective H–2C workers must 

23 consent or accept in order to be hired for the posi24 tion. 


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1 (2) The term ‘‘H–2C worker’’ means a non2 immigrant described in section 218A(a)(5) of the 

3 Immigration and Nationality Act, as added by this 

4 title. 

5 SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND 

6 REFUNDABLE TAX CREDITS; REQUIRED 

7 HEALTH INSURANCE COVERAGE. 

8 (a) HEALTH CARE SUBSIDIES.—H–2C workers (as 

9 defined in section 218A(a)(5) of the Immigration and Na10 tionality Act, as added by this title)— 

11 (1) are not entitled to the premium assistance 

12 tax credit authorized under section 36B of the Inter13 nal Revenue Code of 1986 and shall be subject to 

14 the rules applicable to individuals who are not law15 fully present set forth in subsection (e) of such sec16 tion; and 

17 (2) shall be subject to the rules applicable to in18 dividuals who are not lawfully present set forth in 

19 section 1402(e) of the Patient Protection and Af20 fordable Care Act (42 U.S.C. 18071(e)). 

21 (b) REFUNDABLE TAX CREDITS.—H–2C workers (as 

22 defined in section 218A(a)(5) of the Immigration and Na23 tionality Act, as added by this title), shall not be allowed 

24 any credit under sections 24 and 32 of the Internal Rev25 enue Code of 1986. In the case of a joint return, no credit 


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1 shall be allowed under either such section if both spouses 

2 are such workers or aliens. 

3 (c) REQUIREMENT REGARDING HEALTH INSURANCE

4 COVERAGE.—Notwithstanding the Fair Labor Standards 

5 Act of 1938 (29 U.S.C. 201 et seq.) and State and local 

6 wage laws, not later than 21 days after being issued a 

7 visa or otherwise provided nonimmigrant status under sec8 tion 101(a)(15)(H)(ii)(c) of the Immigration and Nation9 ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)), an alien must 

10 obtain health insurance coverage accepted in their State 

11 or States of employment and residence for the period of 

12 employment specified in section 218A(b)(1) of the Immi13 gration and Nationality Act. H–2C workers under sections 

14 218A or 218B of the Immigration and Nationality Act 

15 who do not obtain and maintain the required insurance 

16 coverage will be considered to have failed to maintain non17 immigrant status under section 101(a)(15)(H)(ii)(c) of 

18 the Immigration and Nationality Act and shall be subject 

19 to removal under section 237(a)(1)(C)(i) of the Immigra20 tion and Nationality Act (8 U.S.C. 1227(a)(1)(C)(i)). 

21 SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICUL22 TURAL WORKER EMPLOYMENT POOL. 

23 (a) STUDY.—The Secretary of Agriculture shall con24 duct a study on the feasibility of establishing an agricul25 tural worker employment pool and an electronic InternetVerDate Sep 11 2014 21:40 Jan 11, 2018 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4760.IH H4760

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1 based portal to assist H–2C workers (as such term is de2 fined in section 218A of the Immigration and Nationality 

3 Act), prospective H–2C workers, and employers to identify 

4 job opportunities in the H–2C program and willing, able 

5 and available workers for the program, respectively. 

6 (b) CONTENTS.—The study required under sub7 section (a) shall include an analysis of— 

8 (1) the cost of creating such a pool and portal; 

9 (2) potential funding sources or mechanisms to 

10 support the creation and maintenance of the pool 

11 and portal; 

12 (3) with respect to H–2C workers and prospec13 tive H–2C workers in the pool, the data that would 

14 be relevant for employers; 

15 (4) the merits of assisting H–2C workers and 

16 employers in identifying job opportunities and will17 ing, able, and available workers, respectively; and 

18 (5) other beneficial uses for such a pool and 

19 portal. 

20 (c) REPORT.—Not later than 1 year after the date 

21 of the enactment of this Act, the Secretary of Agriculture 

22 shall submit to the Committees on the Judiciary of the 

23 House of Representatives and the Senate a report con24 taining the results of the study required under subsection 

25 (a). 


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1 SEC. 2109. PREVAILING WAGE. 

2 Section 212(p) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(p)) is amended— 

4 (1) in paragraph (1), by inserting after ‘‘sub5 sections (a)(5)(A), (n)(1)(A)(i)(II), and 

6 (t)(1)(A)(i)(II)’’ the following: ‘‘of this section and 

7 section 218A(k)(2)(B)(ii)’’; and 

8 (2) in paragraph (3), by inserting after ‘‘sub9 sections (a)(5)(A), (n)(1)(A)(i)(II), and 

10 (t)(1)(A)(i)(II)’’ the following: ‘‘of this section and 

11 section 218A(k)(2)(B)(ii)’’. 

12 SEC. 2110. EFFECTIVE DATES; SUNSET; REGULATIONS. 

13 (a) EFFECTIVE DATES; REGULATIONS.— 

14 (1) IN GENERAL.—Sections 2102 and 2104 

15 through 2106 of this title, subsections (a) and (c) 

16 through (f) of section 2103 of this title, and the 

17 amendments made by the sections, shall take effect 

18 on the date on which the Secretary issues the rules 

19 under paragraph (3), and the Secretary of Home20 land Security shall accept petitions pursuant to sec21 tion 218A of the Immigration and Nationality Act, 

22 as inserted by this Act, beginning no later than that 

23 date. Sections 2107 and 2109 of this title shall take 

24 effect on the date of the enactment of this Act. 


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1 (2) AT-WILL EMPLOYMENT.—Section 2103(b) 

2 of this title and the amendments made by that sub3 section shall take effect when— 

4 (A) it becomes unlawful for all persons or 

5 other entities to hire, or to recruit or refer for 

6 a fee, for employment in the United States an 

7 individual (as provided in section 274A(a)(1) of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1324a(a)(1))) without participating in the E10 Verify Program described in section 403(a) of 

11 the Illegal Immigration Reform and Immigrant 

12 Responsibility Act of 1996 (8 U.S.C. 1324a 

13 note) or an employment eligibility verification 

14 system patterned on such program’s verification 

15 system; and 

16 (B) the E-Verify Program responds to in17 quiries made by such persons or entities de18 scribed in subparagraph (A) by providing con19 firmation, tentative nonconfirmation, and final 

20 nonconfirmation of an individual’s identity and 

21 employment eligibility in such a way that indi22 cates whether the individual is eligible to be em23 ployed in all occupations or only to perform ag24 ricultural labor or services under sections 218A 

25 and 219B of the Immigration and Nationality 


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1 Act, as added by section 2103 of this title, and 

2 if the latter, whether the nonimmigrant would 

3 be in compliance with their maximum contin4 uous period of authorized status and require5 ment to remain outside the United States under 

6 section 218A(n) of such Act, as added by sec7 tion 2103(a) of this title, and on what date the 

8 alien would cease to be in compliance with their 

9 maximum continuous period of authorized sta10 tus. 

11 (3) REGULATIONS.—Notwithstanding any other 

12 provision of law, not later than the first day of the 

13 seventh month that begins after the date of the en14 actment of this Act, the Secretary of Homeland Se15 curity shall issue final rules, on an interim or other 

16 basis, to carry out this title. 

17 (b) OPERATION AND SUNSET OF THE H–2A PRO18 GRAM.— 

19 (1) APPLICATION OF EXISTING REGULA20 TIONS.—The Department of Labor H–2A program 

21 regulations published at 73 Federal Register 77110 

22 et seq. (2008) shall be in force for all petitions ap23 proved under sections 101(a)(15)(H)(ii)(a) and 218 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on 


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1 the date of the enactment of this Act, except that 

2 the following, as in effect on such date, shall remain 

3 in effect, and, to the extent that any rule published 

4 at 73 Federal Register 77110 et seq. is in conflict, 

5 such rule shall have no force and effect: 

6 (A) Paragraph (a) and subparagraphs (1) 

7 and (3) of paragraph (b) of section 655.200 of 

8 title 20, Code of Federal Regulations. 

9 (B) Section 655.201 of title 20, Code of 

10 Federal Regulations, except the paragraphs en11 titled ‘‘Production of Livestock’’ and ‘‘Range’’. 

12 (C) Paragraphs (c), (d) and (e) of section 

13 655.210 of title 20, Code of Federal Regula14 tions. 

15 (D) Section 655.230 of title 20, Code of 

16 Federal Regulations. 

17 (E) Section 655.235 of title 20, Code of 

18 Federal Regulations. 

19 (F) The Special Procedures Labor Certifi20 cation Process for Employers in the Itinerant 

21 Animal Shearing Industry under the H–2A 

22 Program in effect under the Training and Em23 ployment Guidance Letter No. 17–06, Change 

24 1, Attachment B, Section II, with an effective 

25 date of October 1, 2011. 


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1 (2) SUNSET.—Beginning on the date on which 

2 employers can file petitions pursuant to section 

3 218A of the Immigration and Nationality Act, as 

4 added by section 2103(a) of this title, no new peti5 tions under sections 101(a)(15)(H)(ii)(a) and 218 of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be ac8 cepted. 

9 SEC. 2111. REPORT ON COMPLIANCE AND VIOLATIONS. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 first day on which employers can file petitions pursuant 

12 to section 218A of the Immigration and Nationality Act, 

13 as added by section 2103(a) of this title, the Secretary 

14 of Homeland Security, in consultation with the Secretary 

15 of Agriculture, shall submit to the Committees on the Ju16 diciary of the House of Representatives and the Senate 

17 a report on compliance by H–2C workers with the require18 ments of this title and the Immigration and Nationality 

19 Act, as amended by this title. In the case of a violation 

20 of a term or condition of the temporary agricultural work 

21 visa program established by this title, the report shall 

22 identify the provision or provisions of law violated. 

23 (b) DEFINITION.—As used in this section, the term 

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1 tion 218A(a)(4) of the Immigration and Nationality Act, 

2 as added by section 2103(a) of this title. 

3 TITLE III—VISA SECURITY 

4 SEC. 3101. CANCELLATION OF ADDITIONAL VISAS. 

5 (a) IN GENERAL.—Section 222(g) of the Immigra6 tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘Attorney General’’ and in9 serting ‘‘Secretary’’; and 

10 (B) by inserting ‘‘and any other non11 immigrant visa issued by the United States that 

12 is in the possession of the alien’’ after ‘‘such 

13 visa’’; and 

14 (2) in paragraph (2)(A), by striking ‘‘(other 

15 than the visa described in paragraph (1)) issued in 

16 a consular office located in the country of the alien’s 

17 nationality’’ and inserting ‘‘(other than a visa de18 scribed in paragraph (1)) issued in a consular office 

19 located in the country of the alien’s nationality or 

20 foreign residence’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act and shall apply to a visa issued before, 

24 on, or after such date. 


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1 SEC. 3102. VISA INFORMATION SHARING. 

2 (a) IN GENERAL.—Section 222(f) of the Immigration 

3 and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 

4 (1) by striking ‘‘issuance or refusal’’ and insert5 ing ‘‘issuance, refusal, or revocation’’; 

6 (2) in paragraph (2), in the matter preceding 

7 subparagraph (A), by striking ‘‘and on the basis of 

8 reciprocity’’ and all that follows and inserting the 

9 following ‘‘may provide to a foreign government in10 formation in a Department of State computerized 

11 visa database and, when necessary and appropriate, 

12 other records covered by this section related to infor13 mation in such database—’’; 

14 (3) in paragraph (2)(A)— 

15 (A) by inserting at the beginning ‘‘on the 

16 basis of reciprocity,’’; 

17 (B) by inserting ‘‘(i)’’ after ‘‘for the pur18 pose of’’; and 

19 (C) by striking ‘‘illicit weapons; or’’ and 

20 inserting ‘‘illicit weapons, or (ii) determining a 

21 person’s deportability or eligibility for a visa, 

22 admission, or other immigration benefit;’’; 

23 (4) in paragraph (2)(B)— 

24 (A) by inserting at the beginning ‘‘on the 

25 basis of reciprocity,’’; 


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1 (B) by striking ‘‘in the database’’ and in2 serting ‘‘such database’’; 

3 (C) by striking ‘‘for the purposes’’ and in4 serting ‘‘for one of the purposes’’; and 

5 (D) by striking ‘‘or to deny visas to per6 sons who would be inadmissible to the United 

7 States.’’ and inserting ‘‘; or’’; and 

8 (5) in paragraph (2), by adding at the end the 

9 following: 

10 ‘‘(C) with regard to any or all aliens in the 

11 database specified data elements from each 

12 record, if the Secretary of State determines that 

13 it is in the national interest to provide such in14 formation to a foreign government.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall take effect 60 days after the date of 

17 the enactment of this Act. 

18 SEC. 3103. RESTRICTING WAIVER OF VISA INTERVIEWS. 

19 Section 222(h) of the Immigration and Nationality 

20 Act (8 U.S.C. 1202(h)(1)(B)) is amended— 

21 (1) in paragraph (1)(C), by inserting ‘‘, in con22 sultation with the Secretary of Homeland Security,’’ 

23 after ‘‘if the Secretary’’; 

24 (2) in paragraph (1)(C)(i), by inserting ‘‘, 

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1 tation of travel of foreign nationals to the United 

2 States, reduction of visa application processing 

3 times, or the allocation of consular resources’’ before 

4 the semicolon at the end; and 

5 (3) in paragraph (2)— 

6 (A) by striking ‘‘or’’ at the end of subpara7 graph (E); 

8 (B) by striking the period at the end of 

9 subparagraph (F) and inserting ‘‘; or’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(G) is an individual— 

12 ‘‘(i) determined to be in a class of 

13 aliens determined by the Secretary of 

14 Homeland Security to be threats to na15 tional security; 

16 ‘‘(ii) identified by the Secretary of 

17 Homeland Security as a person of concern; 

18 or 

19 ‘‘(iii) applying for a visa in a visa cat20 egory with respect to which the Secretary 

21 of Homeland Security has determined that 

22 a waiver of the visa interview would create 

23 a high risk of degradation of visa program 

24 integrity.’’. 


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1 SEC. 3104. AUTHORIZING THE DEPARTMENT OF STATE TO 

2 NOT INTERVIEW CERTAIN INELIGIBLE VISA 

3 APPLICANTS. 

4 (a) IN GENERAL.—Section 222(h)(1) of the Immi5 gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 

6 amended by inserting ‘‘the alien is determined by the Sec7 retary of State to be ineligible for a visa based upon review 

8 of the application or’’ after ‘‘unless’’. 

9 (b) GUIDANCE.—Not later than 90 days after the 

10 date of the enactment of this Act, the Secretary of State 

11 shall issue guidance to consular officers on the standards 

12 and processes for implementing the authority to deny visa 

13 applications without interview in cases where the alien is 

14 determined by the Secretary of State to be ineligible for 

15 a visa based upon review of the application. 

16 (c) REPORTS.—Not less frequently than once each 

17 quarter, the Secretary of State shall submit to the Con18 gress a report on the denial of visa applications without 

19 interview, including— 

20 (1) the number of such denials; and 

21 (2) a post-by-post breakdown of such denials. 

22 SEC. 3105. VISA REFUSAL AND REVOCATION. 

23 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

24 SECURITY AND THE SECRETARY OF STATE.— 

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1 ed by striking subsections (b) and (c) and inserting 

2 the following: 

3 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

4 SECURITY.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding section 

6 104(a) of the Immigration and Nationality Act (8 

7 U.S.C. 1104(a)) or any other provision of law, and 

8 except as provided in subsection (c) and except for 

9 the authority of the Secretary of State under sub10 paragraphs (A) and (G) of section 101(a)(15) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(15)), the Secretary— 

13 ‘‘(A) shall have exclusive authority to issue 

14 regulations, establish policy, and administer and 

15 enforce the provisions of the Immigration and 

16 Nationality Act (8 U.S.C. 1101 et seq.) and all 

17 other immigration or nationality laws relating 

18 to the functions of consular officers of the 

19 United States in connection with the granting 

20 and refusal of a visa; and 

21 ‘‘(B) may refuse or revoke any visa to any 

22 alien or class of aliens if the Secretary, or des23 ignee, determines that such refusal or revoca24 tion is necessary or advisable in the security or 

25 foreign policy interests of the United States. 


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1 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

2 of any visa under paragraph (1)(B)— 

3 ‘‘(A) shall take effect immediately; and 

4 ‘‘(B) shall automatically cancel any other 

5 valid visa that is in the alien’s possession. 

6 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

7 other provision of law, including section 2241 of title 

8 28, United States Code, or any other habeas corpus 

9 provision, and sections 1361 and 1651 of such title, 

10 no court shall have jurisdiction to review a decision 

11 by the Secretary of Homeland Security to refuse or 

12 revoke a visa, and no court shall have jurisdiction to 

13 hear any claim arising from, or any challenge to, 

14 such a refusal or revocation. 

15 ‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 

16 ‘‘(1) IN GENERAL.—The Secretary of State may 

17 direct a consular officer to refuse a visa requested 

18 by an alien if the Secretary of State determines such 

19 refusal to be necessary or advisable in the security 

20 or foreign policy interests of the United States. 

21 ‘‘(2) LIMITATION.—No decision by the Sec22 retary of State to approve a visa may override a de23 cision by the Secretary of Homeland Security under 

24 subsection (b).’’. 


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1 (2) AUTHORITY OF THE SECRETARY OF

2 STATE.—Section 221(i) of the Immigration and Na3 tionality Act (8 U.S.C. 1201(i)) is amended by strik4 ing ‘‘subsection, except in the context of a removal 

5 proceeding if such revocation provides the sole 

6 ground for removal under section 237(a)(1)(B).’’ 

7 and inserting ‘‘subsection.’’. 

8 (3) CONFORMING AMENDMENT.—Section 

9 237(a)(1)(B) of the Immigration and Nationality 

10 Act (8 U.S.C. 1227(a)(1)(B)) is amended by strik11 ing ‘‘under section 221(i)’’. 

12 (4) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall take effect on the date of the 

14 enactment of this Act and shall apply to visa refus15 als and revocations occurring before, on, or after 

16 such date. 

17 (b) TECHNICAL CORRECTIONS TO THE HOMELAND

18 SECURITY ACT.—Section 428(a) of the Homeland Secu19 rity Act of 2002 (6 U.S.C. 236(a)) is amended— 

20 (1) by striking ‘‘subsection’’ and inserting ‘‘sec21 tion’’; and 

22 (2) by striking ‘‘consular office’’ and inserting 

23 ‘‘consular officer’’. 


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1 SEC. 3106. PETITION AND APPLICATION PROCESSING FOR 

2 VISAS AND IMMIGRATION BENEFITS. 

3 (a) IN GENERAL.—Chapter 2 of title II of the Immi4 gration and Nationality Act (8 U.S.C. 1181 et seq.) is 

5 amended by inserting after section 211 the following: 

6 ‘‘SEC. 211A. PETITION AND APPLICATION PROCESSING. 

7 ‘‘(a) SIGNATURE REQUIREMENT.— 

8 ‘‘(1) IN GENERAL.—No petition or application 

9 filed with the Secretary of Homeland Security or 

10 with a consular officer relating to the issuance of a 

11 visa or to the admission of an alien to the United 

12 States as an immigrant or as a nonimmigrant may 

13 be approved unless the petition or application is 

14 signed by each party required to sign such petition 

15 or application. 

16 ‘‘(2) APPLICATIONS FOR IMMIGRANT VISAS.— 

17 Except as may be otherwise prescribed by regula18 tions, each application for an immigrant visa shall 

19 be signed by the applicant in the presence of the 

20 consular officer, and verified by the oath of the ap21 plicant administered by the consular officer. 

22 ‘‘(b) COMPLETION REQUIREMENT.—No petition or 

23 application filed with the Secretary of Homeland Security 

24 or with a consular officer relating to the issuance of a visa 

25 or to the admission of an alien to the United States as 

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1 less each applicable portion of the petition or application 

2 has been completed. 

3 ‘‘(c) TRANSLATION REQUIREMENT.—No document 

4 submitted in support of a petition or application for a non5 immigrant or immigrant visa may be accepted by a con6 sular officer if such document contains information in a 

7 foreign language, unless such document is accompanied by 

8 a full English translation, which the translator has cer9 tified as complete and accurate, and by the translator’s 

10 certification that he or she is competent to translate from 

11 the foreign language into English. 

12 ‘‘(d) REQUESTS FOR ADDITIONAL INFORMATION.— 

13 In the case that the Secretary of Homeland Security or 

14 a consular officer requests any additional information re15 lating to a petition or application filed with the Secretary 

16 or consular officer relating to the issuance of a visa or 

17 to the admission of an alien to the United States as an 

18 immigrant or as a nonimmigrant, such petition or applica19 tion may not be approved unless all of the additional infor20 mation requested is provided, or is shown to have been 

21 previously provided, in complete form and is provided on 

22 or before any reasonably established deadline included in 

23 the request.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 for the Immigration and Nationality Act (8 U.S.C. 1101 


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1 et seq.) is amended by inserting after the item relating 

2 to section 211 the following: 

‘‘Sec. 211A. Petition and application processing.’’. 

3 (c) APPLICATION.—The amendments made by this 

4 section shall apply with respect to applications and peti5 tions filed after the date of the enactment of this Act. 

6 SEC. 3107. FRAUD PREVENTION. 

7 (a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 

8 (1) PLAN FOR IMPLEMENTATION.—Not later 

9 than 180 days after the date of the enactment of 

10 this Act, the Secretary of Homeland Security shall 

11 submit to the Committee on the Judiciary of the 

12 House of Representatives and the Committee on the 

13 Judiciary of the Senate a plan for the use of ad14 vanced analytics software to ensure the proactive de15 tection of fraud in immigration benefits applications 

16 and petitions and to ensure that any such applicant 

17 or petitioner does not pose a threat to national secu18 rity. 

19 (2) IMPLEMENTATION OF PLAN.—Not later 

20 than 1 year after the date of the submission of the 

21 plan under paragraph (1), the Secretary of Home22 land Security shall begin implementation of the plan. 

23 (b) BENEFITS FRAUD ASSESSMENT.— 

24 (1) IN GENERAL.—The Secretary of Homeland 

25 Security, acting through the Fraud Detection and 


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1 Nationality Security Directorate, shall complete a 

2 benefit fraud assessment by fiscal year 2021 on each 

3 of the following: 

4 (A) Petitions by VAWA self-petitioners (as 

5 such term is defined in section 101(a)(51) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1101(a)(51)). 

8 (B) Applications or petitions for visas or 

9 status under section 101(a)(15)(K) of such Act 

10 or under section 201(b)(2) of such Act, in the 

11 case of spouses (8 U.S.C. 1101(a)(15)(K)). 

12 (C) Applications for visas or status under 

13 section 101(a)(27)(J) of such Act (8 U.S.C. 

14 1101(a)(27)(J)). 

15 (D) Applications for visas or status under 

16 section 101(a)(15)(U) of such Act (8 U.S.C. 

17 1101(a)(15)(U)). 

18 (E) Petitions for visas or status under sec19 tion 101(a)(27)(C) of such Act (8 U.S.C. 

20 1101(a)(27)(C)). 

21 (F) Applications for asylum under section 

22 208 of such Act (8 U.S.C. 1158). 

23 (G) Applications for adjustment of status 

24 under section 209 of such Act (8 U.S.C. 1159). 


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1 (H) Petitions for visas or status under sec2 tion 201(b) of such Act (8 U.S.C. 1151(b)). 

3 (2) REPORTING ON FINDINGS.—Not later than 

4 30 days after the completion of each benefit fraud 

5 assessment under paragraph (1), the Secretary shall 

6 submit to the Committee on the Judiciary of the 

7 House of Representatives and the Committee on the 

8 Judiciary of the Senate such assessment and rec9 ommendations on how to reduce the occurrence of 

10 instances of fraud identified by the assessment. 

11 SEC. 3108. VISA INELIGIBILITY FOR SPOUSES AND CHIL12 DREN OF DRUG TRAFFICKERS. 

13 Section 202(a)(2) of the Immigration and Nationality 

14 Act (8 U.S.C. 1182(a)(2)) is amended— 

15 (1) in subparagraph (C)(ii), by striking ‘‘is the 

16 spouse, son, or daughter’’ and inserting ‘‘is or has 

17 been the spouse, son, or daughter’’; and 

18 (2) in subparagraph (H)(ii), by striking ‘‘is the 

19 spouse, son, or daughter’’ and inserting ‘‘is or has 

20 been the spouse, son, or daughter’’. 

21 SEC. 3109. DNA TESTING. 

22 Section 222(b) of the Immigration and Nationality 

23 Act (8 U.S.C. 1202(b)) is amended by inserting ‘‘Where 

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1 grant shall provide DNA evidence of such a relationship 

2 in accordance with procedures established for submitting 

3 such evidence. The Secretary and the Secretary of State 

4 may, in consultation, issue regulations to require DNA 

5 evidence to establish family relationship, from applicants 

6 for certain visa classifications.’’ after ‘‘and a certified copy 

7 of all other records or documents concerning him or his 

8 case which may be required by the consular officer.’’. 

9 SEC. 3110. ACCESS TO NCIC CRIMINAL HISTORY DATABASE 

10 FOR DIPLOMATIC VISAS. 

11 Subsection (a) of article V of section 217 of the Na12 tional Crime Prevention and Privacy Compact Act of 1998 

13 (34 U.S.C. 40316(V)(a)) is amended by inserting ‘‘, ex14 cept for diplomatic visa applications for which only full 

15 biographical information is required’’ before the period at 

16 the end. 

17 SEC. 3111. ELIMINATION OF SIGNED PHOTOGRAPH RE18 QUIREMENT FOR VISA APPLICATIONS. 

19 Section 221(b) of the Immigration and Nationality 

20 Act (8 U.S.C. 1201(b)) is amended by striking the first 

21 sentence and insert the following: ‘‘Each alien who applies 

22 for a visa shall be registered in connection with his or her 

23 application and shall furnish copies of his or her photo24 graph for such use as may be required by regulation.’’. 


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1 SEC. 3112. ADDITIONAL FRAUD DETECTION AND PREVEN2 TION. 

3 Section 286(v)(2)(A) of the Immigration and Nation4 ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 

5 (1) in the matter preceding clause (i), by strik6 ing ‘‘at United States embassies and consulates 

7 abroad’’; 

8 (2) by amending clause (i) to read as follows: 

9 ‘‘(i) to increase the number of diplo10 matic security personnel assigned exclu11 sively or primarily to the function of pre12 venting and detecting visa fraud;’’; and 

13 (3) in clause (ii), by striking ‘‘, including pri14 marily fraud by applicants for visas described in 

15 subparagraph (H)(i), (H)(ii), or (L) of section 

16 101(a)(15)’’. 

17 DIVISION B—INTERIOR 

18 IMMIGRATION ENFORCEMENT 

19 TITLE I—LEGAL WORKFORCE 

20 ACT 

21 SEC. 1101. SHORT TITLE. 

22 This title may be cited as the ‘‘Legal Workforce Act’’. 


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1 SEC. 1102. EMPLOYMENT ELIGIBILITY VERIFICATION 

2 PROCESS. 

3 (a) IN GENERAL.—Section 274A(b) of the Immigra4 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

5 to read as follows: 

6 ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION

7 PROCESS.— 

8 ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER9 RAL.—The requirements referred to in paragraphs 

10 (1)(B) and (3) of subsection (a) are, in the case of 

11 a person or other entity hiring, recruiting, or refer12 ring an individual for employment in the United 

13 States, the following: 

14 ‘‘(A) ATTESTATION AFTER EXAMINATION

15 OF DOCUMENTATION.— 

16 ‘‘(i) ATTESTATION.—During the 

17 verification period (as defined in subpara18 graph (E)), the person or entity shall at19 test, under penalty of perjury and on a 

20 form, including electronic and telephonic 

21 formats, designated or established by the 

22 Secretary by regulation not later than 6 

23 months after the date of the enactment of 

24 the Legal Workforce Act, that it has 

25 verified that the individual is not an unau26 thorized alien by— 


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1 ‘‘(I) obtaining from the indi2 vidual the individual’s social security 

3 account number or United States 

4 passport number and recording the 

5 number on the form (if the individual 

6 claims to have been issued such a 

7 number), and, if the individual does 

8 not attest to United States nationality 

9 under subparagraph (B), obtaining 

10 such identification or authorization 

11 number established by the Depart12 ment of Homeland Security for the 

13 alien as the Secretary of Homeland 

14 Security may specify, and recording 

15 such number on the form; and 

16 ‘‘(II) examining— 

17 ‘‘(aa) a document relating to 

18 the individual presenting it de19 scribed in clause (ii); or 

20 ‘‘(bb) a document relating to 

21 the individual presenting it de22 scribed in clause (iii) and a docu23 ment relating to the individual 

24 presenting it described in clause 

25 (iv). 


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1 ‘‘(ii) DOCUMENTS EVIDENCING EM2 PLOYMENT AUTHORIZATION AND ESTAB3 LISHING IDENTITY.—A document de4 scribed in this subparagraph is an individ5 ual’s— 

6 ‘‘(I) unexpired United States 

7 passport or passport card; 

8 ‘‘(II) unexpired permanent resi9 dent card that contains a photograph; 

10 ‘‘(III) unexpired employment au11 thorization card that contains a pho12 tograph; 

13 ‘‘(IV) in the case of a non14 immigrant alien authorized to work 

15 for a specific employer incident to sta16 tus, a foreign passport with Form I– 

17 94 or Form I–94A, or other docu18 mentation as designated by the Sec19 retary specifying the alien’s non20 immigrant status as long as the pe21 riod of status has not yet expired and 

22 the proposed employment is not in 

23 conflict with any restrictions or limita24 tions identified in the documentation; 


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1 ‘‘(V) passport from the Fed2 erated States of Micronesia (FSM) or 

3 the Republic of the Marshall Islands 

4 (RMI) with Form I–94 or Form I– 

5 94A, or other documentation as des6 ignated by the Secretary, indicating 

7 nonimmigrant admission under the 

8 Compact of Free Association Between 

9 the United States and the FSM or 

10 RMI; or 

11 ‘‘(VI) other document designated 

12 by the Secretary of Homeland Secu13 rity, if the document— 

14 ‘‘(aa) contains a photograph 

15 of the individual and biometric 

16 identification data from the indi17 vidual and such other personal 

18 identifying information relating 

19 to the individual as the Secretary 

20 of Homeland Security finds, by 

21 regulation, sufficient for purposes 

22 of this clause; 

23 ‘‘(bb) is evidence of author24 ization of employment in the 

25 United States; and 


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1 ‘‘(cc) contains security fea2 tures to make it resistant to tam3 pering, counterfeiting, and fraud4 ulent use. 

5 ‘‘(iii) DOCUMENTS EVIDENCING EM6 PLOYMENT AUTHORIZATION.—A document 

7 described in this subparagraph is an indi8 vidual’s social security account number 

9 card (other than such a card which speci10 fies on the face that the issuance of the 

11 card does not authorize employment in the 

12 United States). 

13 ‘‘(iv) DOCUMENTS ESTABLISHING

14 IDENTITY OF INDIVIDUAL.—A document 

15 described in this subparagraph is— 

16 ‘‘(I) an individual’s unexpired 

17 driver’s license or identification card if 

18 it was issued by a State or American 

19 Samoa and contains a photograph and 

20 information such as name, date of 

21 birth, gender, height, eye color, and 

22 address; 

23 ‘‘(II) an individual’s unexpired 

24 U.S. military identification card; 


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1 ‘‘(III) an individual’s unexpired 

2 Native American tribal identification 

3 document issued by a tribal entity rec4 ognized by the Bureau of Indian Af5 fairs; or 

6 ‘‘(IV) in the case of an individual 

7 under 18 years of age, a parent or 

8 legal guardian’s attestation under 

9 penalty of law as to the identity and 

10 age of the individual. 

11 ‘‘(v) AUTHORITY TO PROHIBIT USE OF

12 CERTAIN DOCUMENTS.—If the Secretary of 

13 Homeland Security finds, by regulation, 

14 that any document described in clause (i), 

15 (ii), or (iii) as establishing employment au16 thorization or identity does not reliably es17 tablish such authorization or identity or is 

18 being used fraudulently to an unacceptable 

19 degree, the Secretary may prohibit or place 

20 conditions on its use for purposes of this 

21 paragraph. 

22 ‘‘(vi) SIGNATURE.—Such attestation 

23 may be manifested by either a handwritten 

24 or electronic signature. 


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1 ‘‘(B) INDIVIDUAL ATTESTATION OF EM2 PLOYMENT AUTHORIZATION.—During the 

3 verification period (as defined in subparagraph 

4 (E)), the individual shall attest, under penalty 

5 of perjury on the form designated or established 

6 for purposes of subparagraph (A), that the indi7 vidual is a citizen or national of the United 

8 States, an alien lawfully admitted for perma9 nent residence, or an alien who is authorized 

10 under this Act or by the Secretary of Homeland 

11 Security to be hired, recruited, or referred for 

12 such employment. Such attestation may be 

13 manifested by either a handwritten or electronic 

14 signature. The individual shall also provide that 

15 individual’s social security account number or 

16 United States passport number (if the indi17 vidual claims to have been issued such a num18 ber), and, if the individual does not attest to 

19 United States nationality under this subpara20 graph, such identification or authorization num21 ber established by the Department of Homeland 

22 Security for the alien as the Secretary may 

23 specify. 

24 ‘‘(C) RETENTION OF VERIFICATION FORM

25 AND VERIFICATION.— 


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1 ‘‘(i) IN GENERAL.—After completion 

2 of such form in accordance with subpara3 graphs (A) and (B), the person or entity 

4 shall— 

5 ‘‘(I) retain a paper, microfiche, 

6 microfilm, or electronic version of the 

7 form and make it available for inspec8 tion by officers of the Department of 

9 Homeland Security, the Department 

10 of Justice, or the Department of 

11 Labor during a period beginning on 

12 the date of the recruiting or referral 

13 of the individual, or, in the case of the 

14 hiring of an individual, the date on 

15 which the verification is completed, 

16 and ending— 

17 ‘‘(aa) in the case of the re18 cruiting or referral of an indi19 vidual, 3 years after the date of 

20 the recruiting or referral; and 

21 ‘‘(bb) in the case of the hir22 ing of an individual, the later of 

23 3 years after the date the 

24 verification is completed or one 

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1 ual’s employment is terminated; 

2 and 

3 ‘‘(II) during the verification pe4 riod (as defined in subparagraph (E)), 

5 make an inquiry, as provided in sub6 section (d), using the verification sys7 tem to seek verification of the identity 

8 and employment eligibility of an indi9 vidual. 

10 ‘‘(ii) CONFIRMATION.— 

11 ‘‘(I) CONFIRMATION RE12 CEIVED.—If the person or other entity 

13 receives an appropriate confirmation 

14 of an individual’s identity and work 

15 eligibility under the verification sys16 tem within the time period specified, 

17 the person or entity shall record on 

18 the form an appropriate code that is 

19 provided under the system and that 

20 indicates a final confirmation of such 

21 identity and work eligibility of the in22 dividual. 

23 ‘‘(II) TENTATIVE NONCONFIRMA24 TION RECEIVED.—If the person or 

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1 confirmation of an individual’s iden2 tity or work eligibility under the 

3 verification system within the time pe4 riod specified, the person or entity 

5 shall so inform the individual for 

6 whom the verification is sought. If the 

7 individual does not contest the non8 confirmation within the time period 

9 specified, the nonconfirmation shall be 

10 considered final. The person or entity 

11 shall then record on the form an ap12 propriate code which has been pro13 vided under the system to indicate a 

14 final nonconfirmation. If the indi15 vidual does contest the nonconfirma16 tion, the individual shall utilize the 

17 process for secondary verification pro18 vided under subsection (d). The non19 confirmation will remain tentative 

20 until a final confirmation or noncon21 firmation is provided by the 

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1 dividual to have identity and work eli2 gibility confirmed under this section 

3 until a nonconfirmation becomes final. 

4 Nothing in this clause shall apply to a 

5 termination of employment for any 

6 reason other than because of such a 

7 failure. In no case shall an employer 

8 rescind the offer of employment to an 

9 individual because of a failure of the 

10 individual to have identity and work 

11 eligibility confirmed under this sub12 section until a nonconfirmation be13 comes final. Nothing in this subclause 

14 shall apply to a rescission of the offer 

15 of employment for any reason other 

16 than because of such a failure. 

17 ‘‘(III) FINAL CONFIRMATION OR

18 NONCONFIRMATION RECEIVED.—If a 

19 final confirmation or nonconfirmation 

20 is provided by the verification system 

21 regarding an individual, the person or 

22 entity shall record on the form an ap23 propriate code that is provided under 

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1 tity and work eligibility of the indi2 vidual. 

3 ‘‘(IV) EXTENSION OF TIME.—If 

4 the person or other entity in good 

5 faith attempts to make an inquiry 

6 during the time period specified and 

7 the verification system has registered 

8 that not all inquiries were received 

9 during such time, the person or entity 

10 may make an inquiry in the first sub11 sequent working day in which the 

12 verification system registers that it 

13 has received all inquiries. If the 

14 verification system cannot receive in15 quiries at all times during a day, the 

16 person or entity merely has to assert 

17 that the entity attempted to make the 

18 inquiry on that day for the previous 

19 sentence to apply to such an inquiry, 

20 and does not have to provide any ad21 ditional proof concerning such inquiry. 

22 ‘‘(V) CONSEQUENCES OF NON23 CONFIRMATION.— 

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1 PLOYMENT.—If the person or 

2 other entity has received a final 

3 nonconfirmation regarding an in4 dividual, the person or entity 

5 may terminate employment of the 

6 individual (or decline to recruit 

7 or refer the individual). If the 

8 person or entity does not termi9 nate employment of the indi10 vidual or proceeds to recruit or 

11 refer the individual, the person or 

12 entity shall notify the Secretary 

13 of Homeland Security of such 

14 fact through the verification sys15 tem or in such other manner as 

16 the Secretary may specify. 

17 ‘‘(bb) FAILURE TO NO18 TIFY.—If the person or entity 

19 fails to provide notice with re20 spect to an individual as required 

21 under item (aa), the failure is 

22 deemed to constitute a violation 

23 of subsection (a)(1)(A) with re24 spect to that individual. 


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1 ‘‘(VI) CONTINUED EMPLOYMENT

2 AFTER FINAL NONCONFIRMATION.—If 

3 the person or other entity continues to 

4 employ (or to recruit or refer) an indi5 vidual after receiving final noncon6 firmation, a rebuttable presumption is 

7 created that the person or entity has 

8 violated subsection (a)(1)(A). 

9 ‘‘(D) EFFECTIVE DATES OF NEW PROCE10 DURES.— 

11 ‘‘(i) HIRING.—Except as provided in 

12 clause (iii), the provisions of this para13 graph shall apply to a person or other enti14 ty hiring an individual for employment in 

15 the United States as follows: 

16 ‘‘(I) With respect to employers 

17 having 10,000 or more employees in 

18 the United States on the date of the 

19 enactment of the Legal Workforce 

20 Act, on the date that is 6 months 

21 after the date of the enactment of 

22 such Act. 

23 ‘‘(II) With respect to employers 

24 having 500 or more employees in the 

25 United States, but less than 10,000 


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1 employees in the United States, on 

2 the date of the enactment of the 

3 Legal Workforce Act, on the date that 

4 is 12 months after the date of the en5 actment of such Act. 

6 ‘‘(III) With respect to employers 

7 having 20 or more employees in the 

8 United States, but less than 500 em9 ployees in the United States, on the 

10 date of the enactment of the Legal 

11 Workforce Act, on the date that is 18 

12 months after the date of the enact13 ment of such Act. 

14 ‘‘(IV) With respect to employers 

15 having 1 or more employees in the 

16 United States, but less than 20 em17 ployees in the United States, on the 

18 date of the enactment of the Legal 

19 Workforce Act, on the date that is 24 

20 months after the date of the enact21 ment of such Act. 

22 ‘‘(ii) RECRUITING AND REFERRING.— 

23 Except as provided in clause (iii), the pro24 visions of this paragraph shall apply to a 

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1 ring an individual for employment in the 

2 United States on the date that is 12 

3 months after the date of the enactment of 

4 the Legal Workforce Act. 

5 ‘‘(iii) AGRICULTURAL LABOR OR SERV6 ICES.—With respect to an employee per7 forming agricultural labor or services, this 

8 paragraph shall not apply with respect to 

9 the verification of the employee until the 

10 date that is 18 months after the date of 

11 the enactment of the Legal Workforce Act. 

12 For purposes of the preceding sentence, 

13 the term ‘agricultural labor or services’ has 

14 the meaning given such term by the Sec15 retary of Agriculture in regulations and in16 cludes agricultural labor as defined in sec17 tion 3121(g) of the Internal Revenue Code 

18 of 1986, agriculture as defined in section 

19 3(f) of the Fair Labor Standards Act of 

20 1938 (29 U.S.C. 203(f)), the handling, 

21 planting, drying, packing, packaging, proc22 essing, freezing, or grading prior to deliv23 ery for storage of any agricultural or horti24 cultural commodity in its unmanufactured 

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1 ration, processing or manufacturing of a 

2 product of agriculture (as such term is de3 fined in such section 3(f)) for further dis4 tribution, and activities similar to all the 

5 foregoing as they relate to fish or shellfish 

6 facilities. An employee described in this 

7 clause shall not be counted for purposes of 

8 clause (i). 

9 ‘‘(iv) EXTENSIONS.—Upon request by 

10 an employer having 50 or fewer employees, 

11 the Secretary shall allow a one-time 6- 

12 month extension of the effective date set 

13 out in this subparagraph applicable to such 

14 employer. Such request shall be made to 

15 the Secretary and shall be made prior to 

16 such effective date. 

17 ‘‘(v) TRANSITION RULE.—Subject to 

18 paragraph (4), the following shall apply to 

19 a person or other entity hiring, recruiting, 

20 or referring an individual for employment 

21 in the United States until the effective 

22 date or dates applicable under clauses (i) 

23 through (iii): 


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1 ‘‘(I) This subsection, as in effect 

2 before the enactment of the Legal 

3 Workforce Act. 

4 ‘‘(II) Subtitle A of title IV of the 

5 Illegal Immigration Reform and Im6 migrant Responsibility Act of 1996 (8 

7 U.S.C. 1324a note), as in effect be8 fore the effective date in section 7(c) 

9 of the Legal Workforce Act. 

10 ‘‘(III) Any other provision of 

11 Federal law requiring the person or 

12 entity to participate in the E-Verify 

13 Program described in section 403(a) 

14 of the Illegal Immigration Reform and 

15 Immigrant Responsibility Act of 1996 

16 (8 U.S.C. 1324a note), as in effect be17 fore the effective date in section 7(c) 

18 of the Legal Workforce Act, including 

19 Executive Order 13465 (8 U.S.C. 

20 1324a note; relating to Government 

21 procurement). 

22 ‘‘(E) VERIFICATION PERIOD DEFINED.— 

23 ‘‘(i) IN GENERAL.—For purposes of 

24 this paragraph: 


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1 ‘‘(I) In the case of recruitment or 

2 referral, the term ‘verification period’ 

3 means the period ending on the date 

4 recruiting or referring commences. 

5 ‘‘(II) In the case of hiring, the 

6 term ‘verification period’ means the 

7 period beginning on the date on which 

8 an offer of employment is extended 

9 and ending on the date that is three 

10 business days after the date of hire, 

11 except as provided in clause (iii). The 

12 offer of employment may be condi13 tioned in accordance with clause (ii). 

14 ‘‘(ii) JOB OFFER MAY BE CONDI15 TIONAL.—A person or other entity may 

16 offer a prospective employee an employ17 ment position that is conditioned on final 

18 verification of the identity and employment 

19 eligibility of the employee using the proce20 dures established under this paragraph. 

21 ‘‘(iii) SPECIAL RULE.—Notwith22 standing clause (i)(II), in the case of an 

23 alien who is authorized for employment 

24 and who provides evidence from the Social 

25 Security Administration that the alien has 


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1 applied for a social security account num2 ber, the verification period ends three busi3 ness days after the alien receives the social 

4 security account number. 

5 ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH

6 LIMITED WORK AUTHORIZATION.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), a person or entity shall 

9 make an inquiry, as provided in subsection (d), 

10 using the verification system to seek 

11 reverification of the identity and employment 

12 eligibility of all individuals with a limited period 

13 of work authorization employed by the person 

14 or entity during the three business days after 

15 the date on which the employee’s work author16 ization expires as follows: 

17 ‘‘(i) With respect to employers having 

18 10,000 or more employees in the United 

19 States on the date of the enactment of the 

20 Legal Workforce Act, beginning on the 

21 date that is 6 months after the date of the 

22 enactment of such Act. 

23 ‘‘(ii) With respect to employers having 

24 500 or more employees in the United 

25 States, but less than 10,000 employees in 


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1 the United States, on the date of the en2 actment of the Legal Workforce Act, be3 ginning on the date that is 12 months 

4 after the date of the enactment of such 

5 Act. 

6 ‘‘(iii) With respect to employers hav7 ing 20 or more employees in the United 

8 States, but less than 500 employees in the 

9 United States, on the date of the enact10 ment of the Legal Workforce Act, begin11 ning on the date that is 18 months after 

12 the date of the enactment of such Act. 

13 ‘‘(iv) With respect to employers hav14 ing 1 or more employees in the United 

15 States, but less than 20 employees in the 

16 United States, on the date of the enact17 ment of the Legal Workforce Act, begin18 ning on the date that is 24 months after 

19 the date of the enactment of such Act. 

20 ‘‘(B) AGRICULTURAL LABOR OR SERV21 ICES.—With respect to an employee performing 

22 agricultural labor or services, or an employee 

23 recruited or referred by a farm labor contractor 

24 (as defined in section 3 of the Migrant and Sea25 sonal Agricultural Worker Protection Act (29 


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1 U.S.C. 1801)), subparagraph (A) shall not 

2 apply with respect to the reverification of the 

3 employee until the date that is 18 months after 

4 the date of the enactment of the Legal Work5 force Act. For purposes of the preceding sen6 tence, the term ‘agricultural labor or services’ 

7 has the meaning given such term by the Sec8 retary of Agriculture in regulations and in9 cludes agricultural labor as defined in section 

10 3121(g) of the Internal Revenue Code of 1986, 

11 agriculture as defined in section 3(f) of the 

12 Fair Labor Standards Act of 1938 (29 U.S.C. 

13 203(f)), the handling, planting, drying, packing, 

14 packaging, processing, freezing, or grading 

15 prior to delivery for storage of any agricultural 

16 or horticultural commodity in its unmanufac17 tured state, all activities required for the prepa18 ration, processing, or manufacturing of a prod19 uct of agriculture (as such term is defined in 

20 such section 3(f)) for further distribution, and 

21 activities similar to all the foregoing as they re22 late to fish or shellfish facilities. An employee 

23 described in this subparagraph shall not be 

24 counted for purposes of subparagraph (A). 


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1 ‘‘(C) REVERIFICATION.—Paragraph 

2 (1)(C)(ii) shall apply to reverifications pursuant 

3 to this paragraph on the same basis as it ap4 plies to verifications pursuant to paragraph (1), 

5 except that employers shall— 

6 ‘‘(i) use a form designated or estab7 lished by the Secretary by regulation for 

8 purposes of this paragraph; and 

9 ‘‘(ii) retain a paper, microfiche, micro10 film, or electronic version of the form and 

11 make it available for inspection by officers 

12 of the Department of Homeland Security, 

13 the Department of Justice, or the Depart14 ment of Labor during the period beginning 

15 on the date the reverification commences 

16 and ending on the date that is the later of 

17 3 years after the date of such reverification 

18 or 1 year after the date the individual’s 

19 employment is terminated. 

20 ‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 

21 ‘‘(A) ON A MANDATORY BASIS FOR CER22 TAIN EMPLOYEES.— 

23 ‘‘(i) IN GENERAL.—Not later than the 

24 date that is 6 months after the date of the 

25 enactment of the Legal Workforce Act, an 


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1 employer shall make an inquiry, as pro2 vided in subsection (d), using the 

3 verification system to seek verification of 

4 the identity and employment eligibility of 

5 any individual described in clause (ii) em6 ployed by the employer whose employment 

7 eligibility has not been verified under the 

8 E-Verify Program described in section 

9 403(a) of the Illegal Immigration Reform 

10 and Immigrant Responsibility Act of 1996 

11 (8 U.S.C. 1324a note). 

12 ‘‘(ii) INDIVIDUALS DESCRIBED.—An 

13 individual described in this clause is any of 

14 the following: 

15 ‘‘(I) An employee of any unit of 

16 a Federal, State, or local government. 

17 ‘‘(II) An employee who requires a 

18 Federal security clearance working in 

19 a Federal, State or local government 

20 building, a military base, a nuclear 

21 energy site, a weapons site, or an air22 port or other facility that requires 

23 workers to carry a Transportation 

24 Worker Identification Credential 

25 (TWIC). 


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1 ‘‘(III) An employee assigned to 

2 perform work in the United States 

3 under a Federal contract, except that 

4 this subclause— 

5 ‘‘(aa) is not applicable to in6 dividuals who have a clearance 

7 under Homeland Security Presi8 dential Directive 12 (HSPD 12 

9 clearance), are administrative or 

10 overhead personnel, or are work11 ing solely on contracts that pro12 vide Commercial Off The Shelf 

13 goods or services as set forth by 

14 the Federal Acquisition Regu15 latory Council, unless they are 

16 subject to verification under sub17 clause (II); and 

18 ‘‘(bb) only applies to con19 tracts over the simple acquisition 

20 threshold as defined in section 

21 2.101 of title 48, Code of Federal 

22 Regulations. 

23 ‘‘(B) ON A MANDATORY BASIS FOR MUL24 TIPLE USERS OF SAME SOCIAL SECURITY AC25 COUNT NUMBER.—In the case of an employer 


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1 who is required by this subsection to use the 

2 verification system described in subsection (d), 

3 or has elected voluntarily to use such system, 

4 the employer shall make inquiries to the system 

5 in accordance with the following: 

6 ‘‘(i) The Commissioner of Social Secu7 rity shall notify annually employees (at the 

8 employee address listed on the Wage and 

9 Tax Statement) who submit a social secu10 rity account number to which more than 

11 one employer reports income and for which 

12 there is a pattern of unusual multiple use. 

13 The notification letter shall identify the 

14 number of employers to which income is 

15 being reported as well as sufficient infor16 mation notifying the employee of the proc17 ess to contact the Social Security Adminis18 tration Fraud Hotline if the employee be19 lieves the employee’s identity may have 

20 been stolen. The notice shall not share in21 formation protected as private, in order to 

22 avoid any recipient of the notice from 

23 being in the position to further commit or 

24 begin committing identity theft. 


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1 ‘‘(ii) If the person to whom the social 

2 security account number was issued by the 

3 Social Security Administration has been 

4 identified and confirmed by the Commis5 sioner, and indicates that the social secu6 rity account number was used without 

7 their knowledge, the Secretary and the 

8 Commissioner shall lock the social security 

9 account number for employment eligibility 

10 verification purposes and shall notify the 

11 employers of the individuals who wrong12 fully submitted the social security account 

13 number that the employee may not be 

14 work eligible. 

15 ‘‘(iii) Each employer receiving such 

16 notification of an incorrect social security 

17 account number under clause (ii) shall use 

18 the verification system described in sub19 section (d) to check the work eligibility sta20 tus of the applicable employee within 10 

21 business days of receipt of the notification. 

22 ‘‘(C) ON A VOLUNTARY BASIS.—Subject to 

23 paragraph (2), and subparagraphs (A) through 

24 (C) of this paragraph, beginning on the date 

25 that is 30 days after the date of the enactment 


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1 of the Legal Workforce Act, an employer may 

2 make an inquiry, as provided in subsection (d), 

3 using the verification system to seek verification 

4 of the identity and employment eligibility of any 

5 individual employed by the employer. If an em6 ployer chooses voluntarily to seek verification of 

7 any individual employed by the employer, the 

8 employer shall seek verification of all individ9 uals employed at the same geographic location 

10 or, at the option of the employer, all individuals 

11 employed within the same job category, as the 

12 employee with respect to whom the employer 

13 seeks voluntarily to use the verification system. 

14 An employer’s decision about whether or not 

15 voluntarily to seek verification of its current 

16 workforce under this subparagraph may not be 

17 considered by any government agency in any 

18 proceeding, investigation, or review provided for 

19 in this Act. 

20 ‘‘(D) VERIFICATION.—Paragraph 

21 (1)(C)(ii) shall apply to verifications pursuant 

22 to this paragraph on the same basis as it ap23 plies to verifications pursuant to paragraph (1), 

24 except that employers shall— 


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1 ‘‘(i) use a form designated or estab2 lished by the Secretary by regulation for 

3 purposes of this paragraph; and 

4 ‘‘(ii) retain a paper, microfiche, micro5 film, or electronic version of the form and 

6 make it available for inspection by officers 

7 of the Department of Homeland Security, 

8 the Department of Justice, or the Depart9 ment of Labor during the period beginning 

10 on the date the verification commences and 

11 ending on the date that is the later of 3 

12 years after the date of such verification or 

13 1 year after the date the individual’s em14 ployment is terminated. 

15 ‘‘(4) EARLY COMPLIANCE.— 

16 ‘‘(A) FORMER E-VERIFY REQUIRED USERS, 

17 INCLUDING FEDERAL CONTRACTORS.—Notwith18 standing the deadlines in paragraphs (1) and 

19 (2), beginning on the date of the enactment of 

20 the Legal Workforce Act, the Secretary is au21 thorized to commence requiring employers re22 quired to participate in the E-Verify Program 

23 described in section 403(a) of the Illegal Immi24 gration Reform and Immigrant Responsibility 

25 Act of 1996 (8 U.S.C. 1324a note), including 


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1 employers required to participate in such pro2 gram by reason of Federal acquisition laws 

3 (and regulations promulgated under those laws, 

4 including the Federal Acquisition Regulation), 

5 to commence compliance with the requirements 

6 of this subsection (and any additional require7 ments of such Federal acquisition laws and reg8 ulation) in lieu of any requirement to partici9 pate in the E-Verify Program. 

10 ‘‘(B) FORMER E-VERIFY VOLUNTARY

11 USERS AND OTHERS DESIRING EARLY COMPLI12 ANCE.—Notwithstanding the deadlines in para13 graphs (1) and (2), beginning on the date of 

14 the enactment of the Legal Workforce Act, the 

15 Secretary shall provide for the voluntary com16 pliance with the requirements of this subsection 

17 by employers voluntarily electing to participate 

18 in the E-Verify Program described in section 

19 403(a) of the Illegal Immigration Reform and 

20 Immigrant Responsibility Act of 1996 (8 U.S.C. 

21 1324a note) before such date, as well as by 

22 other employers seeking voluntary early compli23 ance. 

24 ‘‘(5) COPYING OF DOCUMENTATION PER25 MITTED.—Notwithstanding any other provision of 


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1 law, the person or entity may copy a document pre2 sented by an individual pursuant to this subsection 

3 and may retain the copy, but only (except as other4 wise permitted under law) for the purpose of com5 plying with the requirements of this subsection. 

6 ‘‘(6) LIMITATION ON USE OF FORMS.—A form 

7 designated or established by the Secretary of Home8 land Security under this subsection and any infor9 mation contained in or appended to such form, may 

10 not be used for purposes other than for enforcement 

11 of this Act and any other provision of Federal crimi12 nal law. 

13 ‘‘(7) GOOD FAITH COMPLIANCE.— 

14 ‘‘(A) IN GENERAL.—Except as otherwise 

15 provided in this subsection, a person or entity 

16 is considered to have complied with a require17 ment of this subsection notwithstanding a tech18 nical or procedural failure to meet such require19 ment if there was a good faith attempt to com20 ply with the requirement. 

21 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

22 AFTER NOTICE.—Subparagraph (A) shall not 

23 apply if— 

24 ‘‘(i) the failure is not de minimus; 


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1 ‘‘(ii) the Secretary of Homeland Secu2 rity has explained to the person or entity 

3 the basis for the failure and why it is not 

4 de minimus; 

5 ‘‘(iii) the person or entity has been 

6 provided a period of not less than 30 cal7 endar days (beginning after the date of the 

8 explanation) within which to correct the 

9 failure; and 

10 ‘‘(iv) the person or entity has not cor11 rected the failure voluntarily within such 

12 period. 

13 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC14 TICE VIOLATORS.—Subparagraph (A) shall not 

15 apply to a person or entity that has or is engag16 ing in a pattern or practice of violations of sub17 section (a)(1)(A) or (a)(2). 

18 ‘‘(8) SINGLE EXTENSION OF DEADLINES UPON

19 CERTIFICATION.—In a case in which the Secretary 

20 of Homeland Security has certified to the Congress 

21 that the employment eligibility verification system 

22 required under subsection (d) will not be fully oper23 ational by the date that is 6 months after the date 

24 of the enactment of the Legal Workforce Act, each 

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1 ployer to make an inquiry using such system shall 

2 be extended by 6 months. No other extension of such 

3 a deadline shall be made except as authorized under 

4 paragraph (1)(D)(iv).’’. 

5 (b) DATE OF HIRE.—Section 274A(h) of the Immi6 gration and Nationality Act (8 U.S.C. 1324a(h)) is 

7 amended by adding at the end the following: 

8 ‘‘(4) DEFINITION OF DATE OF HIRE.—As used 

9 in this section, the term ‘date of hire’ means the 

10 date of actual commencement of employment for 

11 wages or other remuneration, unless otherwise speci12 fied.’’. 

13 SEC. 1103. EMPLOYMENT ELIGIBILITY VERIFICATION SYS14 TEM. 

15 Section 274A(d) of the Immigration and Nationality 

16 Act (8 U.S.C. 1324a(d)) is amended to read as follows: 

17 ‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS18 TEM.— 

19 ‘‘(1) IN GENERAL.—Patterned on the employ20 ment eligibility confirmation system established 

21 under section 404 of the Illegal Immigration Reform 

22 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

23 1324a note), the Secretary of Homeland Security 

24 shall establish and administer a verification system 

25 through which the Secretary (or a designee of the 


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1 Secretary, which may be a nongovernmental enti2 ty)— 

3 ‘‘(A) responds to inquiries made by per4 sons at any time through a toll-free telephone 

5 line and other toll-free electronic media con6 cerning an individual’s identity and whether the 

7 individual is authorized to be employed; and 

8 ‘‘(B) maintains records of the inquiries 

9 that were made, of verifications provided (or 

10 not provided), and of the codes provided to in11 quirers as evidence of their compliance with 

12 their obligations under this section. 

13 ‘‘(2) INITIAL RESPONSE.—The verification sys14 tem shall provide confirmation or a tentative non15 confirmation of an individual’s identity and employ16 ment eligibility within 3 working days of the initial 

17 inquiry. If providing confirmation or tentative non18 confirmation, the verification system shall provide an 

19 appropriate code indicating such confirmation or 

20 such nonconfirmation. 

21 ‘‘(3) SECONDARY CONFIRMATION PROCESS IN

22 CASE OF TENTATIVE NONCONFIRMATION.—In cases 

23 of tentative nonconfirmation, the Secretary shall 

24 specify, in consultation with the Commissioner of 

25 Social Security, an available secondary verification 


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1 process to confirm the validity of information pro2 vided and to provide a final confirmation or noncon3 firmation not later than 10 working days after the 

4 date on which the notice of the tentative noncon5 firmation is received by the employee. The Secretary, 

6 in consultation with the Commissioner, may extend 

7 this deadline once on a case-by-case basis for a pe8 riod of 10 working days, and if the time is extended, 

9 shall document such extension within the verification 

10 system. The Secretary, in consultation with the 

11 Commissioner, shall notify the employee and em12 ployer of such extension. The Secretary, in consulta13 tion with the Commissioner, shall create a standard 

14 process of such extension and notification and shall 

15 make a description of such process available to the 

16 public. When final confirmation or nonconfirmation 

17 is provided, the verification system shall provide an 

18 appropriate code indicating such confirmation or 

19 nonconfirmation. 

20 ‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 

21 The verification system shall be designed and oper22 ated— 

23 ‘‘(A) to maximize its reliability and ease of 

24 use by persons and other entities consistent 


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1 with insulating and protecting the privacy and 

2 security of the underlying information; 

3 ‘‘(B) to respond to all inquiries made by 

4 such persons and entities on whether individ5 uals are authorized to be employed and to reg6 ister all times when such inquiries are not re7 ceived; 

8 ‘‘(C) with appropriate administrative, tech9 nical, and physical safeguards to prevent unau10 thorized disclosure of personal information; 

11 ‘‘(D) to have reasonable safeguards against 

12 the system’s resulting in unlawful discrimina13 tory practices based on national origin or citi14 zenship status, including— 

15 ‘‘(i) the selective or unauthorized use 

16 of the system to verify eligibility; or 

17 ‘‘(ii) the exclusion of certain individ18 uals from consideration for employment as 

19 a result of a perceived likelihood that addi20 tional verification will be required, beyond 

21 what is required for most job applicants; 

22 ‘‘(E) to maximize the prevention of iden23 tity theft use in the system; and 

24 ‘‘(F) to limit the subjects of verification to 

25 the following individuals: 


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1 ‘‘(i) Individuals hired, referred, or re2 cruited, in accordance with paragraph (1) 

3 or (4) of subsection (b). 

4 ‘‘(ii) Employees and prospective em5 ployees, in accordance with paragraph (1), 

6 (2), (3), or (4) of subsection (b). 

7 ‘‘(iii) Individuals seeking to confirm 

8 their own employment eligibility on a vol9 untary basis. 

10 ‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF

11 SOCIAL SECURITY.—As part of the verification sys12 tem, the Commissioner of Social Security, in con13 sultation with the Secretary of Homeland Security 

14 (and any designee of the Secretary selected to estab15 lish and administer the verification system), shall es16 tablish a reliable, secure method, which, within the 

17 time periods specified under paragraphs (2) and (3), 

18 compares the name and social security account num19 ber provided in an inquiry against such information 

20 maintained by the Commissioner in order to validate 

21 (or not validate) the information provided regarding 

22 an individual whose identity and employment eligi23 bility must be confirmed, the correspondence of the 

24 name and number, and whether the individual has 

25 presented a social security account number that is 


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1 not valid for employment. The Commissioner shall 

2 not disclose or release social security information 

3 (other than such confirmation or nonconfirmation) 

4 under the verification system except as provided for 

5 in this section or section 205(c)(2)(I) of the Social 

6 Security Act. 

7 ‘‘(6) RESPONSIBILITIES OF SECRETARY OF

8 HOMELAND SECURITY.—As part of the verification 

9 system, the Secretary of Homeland Security (in con10 sultation with any designee of the Secretary selected 

11 to establish and administer the verification system), 

12 shall establish a reliable, secure method, which, with13 in the time periods specified under paragraphs (2) 

14 and (3), compares the name and alien identification 

15 or authorization number (or any other information 

16 as determined relevant by the Secretary) which are 

17 provided in an inquiry against such information 

18 maintained or accessed by the Secretary in order to 

19 validate (or not validate) the information provided, 

20 the correspondence of the name and number, wheth21 er the alien is authorized to be employed in the 

22 United States, or to the extent that the Secretary 

23 determines to be feasible and appropriate, whether 

24 the records available to the Secretary verify the 

25 identity or status of a national of the United States. 


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1 ‘‘(7) UPDATING INFORMATION.—The Commis2 sioner of Social Security and the Secretary of Home3 land Security shall update their information in a 

4 manner that promotes the maximum accuracy and 

5 shall provide a process for the prompt correction of 

6 erroneous information, including instances in which 

7 it is brought to their attention in the secondary 

8 verification process described in paragraph (3). 

9 ‘‘(8) LIMITATION ON USE OF THE

10 VERIFICATION SYSTEM AND ANY RELATED SYS11 TEMS.— 

12 ‘‘(A) NO NATIONAL IDENTIFICATION

13 CARD.—Nothing in this section shall be con14 strued to authorize, directly or indirectly, the 

15 issuance or use of national identification cards 

16 or the establishment of a national identification 

17 card. 

18 ‘‘(B) CRITICAL INFRASTRUCTURE.—The 

19 Secretary may authorize or direct any person or 

20 entity responsible for granting access to, pro21 tecting, securing, operating, administering, or 

22 regulating part of the critical infrastructure (as 

23 defined in section 1016(e) of the Critical Infra24 structure Protection Act of 2001 (42 U.S.C. 

25 5195c(e))) to use the verification system to the 


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1 extent the Secretary determines that such use 

2 will assist in the protection of the critical infra3 structure. 

4 ‘‘(9) REMEDIES.—If an individual alleges that 

5 the individual would not have been dismissed from 

6 a job but for an error of the verification mechanism, 

7 the individual may seek compensation only through 

8 the mechanism of the Federal Tort Claims Act, and 

9 injunctive relief to correct such error. No class ac10 tion may be brought under this paragraph.’’. 

11 SEC. 1104. RECRUITMENT, REFERRAL, AND CONTINUATION 

12 OF EMPLOYMENT. 

13 (a) ADDITIONAL CHANGES TO RULES FOR RECRUIT14 MENT, REFERRAL, AND CONTINUATION OF EMPLOY15 MENT.—Section 274A(a) of the Immigration and Nation16 ality Act (8 U.S.C. 1324a(a)) is amended— 

17 (1) in paragraph (1)(A), by striking ‘‘for a fee’’; 

18 (2) in paragraph (1), by amending subpara19 graph (B) to read as follows: 

20 ‘‘(B) to hire, continue to employ, or to re21 cruit or refer for employment in the United 

22 States an individual without complying with the 

23 requirements of subsection (b).’’; and 

24 (3) in paragraph (2), by striking ‘‘after hiring 

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1 graph (1),’’ and inserting ‘‘after complying with 

2 paragraph (1),’’. 

3 (b) DEFINITION.—Section 274A(h) of the Immigra4 tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 

5 by this title, is further amended by adding at the end the 

6 following: 

7 ‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 

8 used in this section, the term ‘refer’ means the act 

9 of sending or directing a person who is in the United 

10 States or transmitting documentation or information 

11 to another, directly or indirectly, with the intent of 

12 obtaining employment in the United States for such 

13 person. Only persons or entities referring for remu14 neration (whether on a retainer or contingency 

15 basis) are included in the definition, except that 

16 union hiring halls that refer union members or non17 union individuals who pay union membership dues 

18 are included in the definition whether or not they re19 ceive remuneration, as are labor service entities or 

20 labor service agencies, whether public, private, for21 profit, or nonprofit, that refer, dispatch, or other22 wise facilitate the hiring of laborers for any period 

23 of time by a third party. As used in this section, the 

24 term ‘recruit’ means the act of soliciting a person 

25 who is in the United States, directly or indirectly, 


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1 and referring the person to another with the intent 

2 of obtaining employment for that person. Only per3 sons or entities referring for remuneration (whether 

4 on a retainer or contingency basis) are included in 

5 the definition, except that union hiring halls that 

6 refer union members or nonunion individuals who 

7 pay union membership dues are included in this defi8 nition whether or not they receive remuneration, as 

9 are labor service entities or labor service agencies, 

10 whether public, private, for-profit, or nonprofit that 

11 recruit, dispatch, or otherwise facilitate the hiring of 

12 laborers for any period of time by a third party.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on the date that is 1 year 

15 after the date of the enactment of this Act, except that 

16 the amendments made by subsection (a) shall take effect 

17 6 months after the date of the enactment of this Act inso18 far as such amendments relate to continuation of employ19 ment. 

20 SEC. 1105. GOOD FAITH DEFENSE. 

21 Section 274A(a)(3) of the Immigration and Nation22 ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 

23 follows: 

24 ‘‘(3) GOOD FAITH DEFENSE.— 


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1 ‘‘(A) DEFENSE.—An employer (or person 

2 or entity that hires, employs, recruits, or refers 

3 (as defined in subsection (h)(5)), or is otherwise 

4 obligated to comply with this section) who es5 tablishes that it has complied in good faith with 

6 the requirements of subsection (b)— 

7 ‘‘(i) shall not be liable to a job appli8 cant, an employee, the Federal Govern9 ment, or a State or local government, 

10 under Federal, State, or local criminal or 

11 civil law for any employment-related action 

12 taken with respect to a job applicant or 

13 employee in good-faith reliance on informa14 tion provided through the system estab15 lished under subsection (d); and 

16 ‘‘(ii) has established compliance with 

17 its obligations under subparagraphs (A) 

18 and (B) of paragraph (1) and subsection 

19 (b) absent a showing by the Secretary of 

20 Homeland Security, by clear and con21 vincing evidence, that the employer had 

22 knowledge that an employee is an unau23 thorized alien. 

24 ‘‘(B) MITIGATION ELEMENT.—For pur25 poses of subparagraph (A)(i), if an employer 


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1 proves by a preponderance of the evidence that 

2 the employer uses a reasonable, secure, and es3 tablished technology to authenticate the identity 

4 of the new employee, that fact shall be taken 

5 into account for purposes of determining good 

6 faith use of the system established under sub7 section (d). 

8 ‘‘(C) FAILURE TO SEEK AND OBTAIN

9 VERIFICATION.—Subject to the effective dates 

10 and other deadlines applicable under subsection 

11 (b), in the case of a person or entity in the 

12 United States that hires, or continues to em13 ploy, an individual, or recruits or refers an indi14 vidual for employment, the following require15 ments apply: 

16 ‘‘(i) FAILURE TO SEEK

17 VERIFICATION.— 

18 ‘‘(I) IN GENERAL.—If the person 

19 or entity has not made an inquiry, 

20 under the mechanism established 

21 under subsection (d) and in accord22 ance with the timeframes established 

23 under subsection (b), seeking 

24 verification of the identity and work 

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1 fense under subparagraph (A) shall 

2 not be considered to apply with re3 spect to any employment, except as 

4 provided in subclause (II). 

5 ‘‘(II) SPECIAL RULE FOR FAIL6 URE OF VERIFICATION MECHANISM.— 

7 If such a person or entity in good 

8 faith attempts to make an inquiry in 

9 order to qualify for the defense under 

10 subparagraph (A) and the verification 

11 mechanism has registered that not all 

12 inquiries were responded to during the 

13 relevant time, the person or entity can 

14 make an inquiry until the end of the 

15 first subsequent working day in which 

16 the verification mechanism registers 

17 no nonresponses and qualify for such 

18 defense. 

19 ‘‘(ii) FAILURE TO OBTAIN

20 VERIFICATION.—If the person or entity 

21 has made the inquiry described in clause 

22 (i)(I) but has not received an appropriate 

23 verification of such identity and work eligi24 bility under such mechanism within the 

25 time period specified under subsection 


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1 (d)(2) after the time the verification in2 quiry was received, the defense under sub3 paragraph (A) shall not be considered to 

4 apply with respect to any employment after 

5 the end of such time period.’’. 

6 SEC. 1106. PREEMPTION AND STATES’ RIGHTS. 

7 Section 274A(h)(2) of the Immigration and Nation8 ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 

9 follows: 

10 ‘‘(2) PREEMPTION.— 

11 ‘‘(A) SINGLE, NATIONAL POLICY.—The 

12 provisions of this section preempt any State or 

13 local law, ordinance, policy, or rule, including 

14 any criminal or civil fine or penalty structure, 

15 insofar as they may now or hereafter relate to 

16 the hiring, continued employment, or status 

17 verification for employment eligibility purposes, 

18 of unauthorized aliens. 

19 ‘‘(B) STATE ENFORCEMENT OF FEDERAL

20 LAW.— 

21 ‘‘(i) BUSINESS LICENSING.—A State, 

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1 tem described in subsection (d) to verify 

2 employment eligibility when and as re3 quired under subsection (b). 

4 ‘‘(ii) GENERAL RULES.—A State, at 

5 its own cost, may enforce the provisions of 

6 this section, but only insofar as such State 

7 follows the Federal regulations imple8 menting this section, applies the Federal 

9 penalty structure set out in this section, 

10 and complies with all Federal rules and 

11 guidance concerning implementation of this 

12 section. Such State may collect any fines 

13 assessed under this section. An employer 

14 may not be subject to enforcement, includ15 ing audit and investigation, by both a Fed16 eral agency and a State for the same viola17 tion under this section. Whichever entity, 

18 the Federal agency or the State, is first to 

19 initiate the enforcement action, has the 

20 right of first refusal to proceed with the 

21 enforcement action. The Secretary must 

22 provide copies of all guidance, training, 

23 and field instructions provided to Federal 

24 officials implementing the provisions of 

25 this section to each State.’’. 


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1 SEC. 1107. REPEAL. 

2 (a) IN GENERAL.—Subtitle A of title IV of the Illegal 

3 Immigration Reform and Immigrant Responsibility Act of 

4 1996 (8 U.S.C. 1324a note) is repealed. 

5 (b) REFERENCES.—Any reference in any Federal 

6 law, Executive order, rule, regulation, or delegation of au7 thority, or any document of, or pertaining to, the Depart8 ment of Homeland Security, Department of Justice, or the 

9 Social Security Administration, to the employment eligi10 bility confirmation system established under section 404 

11 of the Illegal Immigration Reform and Immigrant Respon12 sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 

13 refer to the employment eligibility confirmation system es14 tablished under section 274A(d) of the Immigration and 

15 Nationality Act, as amended by this title. 

16 (c) EFFECTIVE DATE.—This section shall take effect 

17 on the date that is 24 months after the date of the enact18 ment of this Act. 

19 (d) CLERICAL AMENDMENT.—The table of sections, 

20 in section 1(d) of the Illegal Immigration Reform and Im21 migrant Responsibility Act of 1996, is amended by strik22 ing the items relating to subtitle A of title IV. 

23 SEC. 1108. PENALTIES. 

24 Section 274A of the Immigration and Nationality Act 

25 (8 U.S.C. 1324a) is amended— 

26 (1) in subsection (e)(1)— 


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1 (A) by striking ‘‘Attorney General’’ each 

2 place such term appears and inserting ‘‘Sec3 retary of Homeland Security’’; and 

4 (B) in subparagraph (D), by striking 

5 ‘‘Service’’ and inserting ‘‘Department of Home6 land Security’’; 

7 (2) in subsection (e)(4)— 

8 (A) in subparagraph (A), in the matter be9 fore clause (i), by inserting ‘‘, subject to para10 graph (10),’’ after ‘‘in an amount’’; 

11 (B) in subparagraph (A)(i), by striking 

12 ‘‘not less than $250 and not more than 

13 $2,000’’ and inserting ‘‘not less than $2,500 

14 and not more than $5,000’’; 

15 (C) in subparagraph (A)(ii), by striking 

16 ‘‘not less than $2,000 and not more than 

17 $5,000’’ and inserting ‘‘not less than $5,000 

18 and not more than $10,000’’; 

19 (D) in subparagraph (A)(iii), by striking 

20 ‘‘not less than $3,000 and not more than 

21 $10,000’’ and inserting ‘‘not less than $10,000 

22 and not more than $25,000’’; and 

23 (E) by moving the margin of the continu24 ation text following subparagraph (B) two ems 


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1 to the left and by amending subparagraph (B) 

2 to read as follows: 

3 ‘‘(B) may require the person or entity to 

4 take such other remedial action as is appro5 priate.’’; 

6 (3) in subsection (e)(5)— 

7 (A) in the paragraph heading, strike ‘‘PA8 PERWORK’’; 

9 (B) by inserting ‘‘, subject to paragraphs 

10 (10) through (12),’’ after ‘‘in an amount’’; 

11 (C) by striking ‘‘$100’’ and inserting 

12 ‘‘$1,000’’; 

13 (D) by striking ‘‘$1,000’’ and inserting 

14 ‘‘$25,000’’; and 

15 (E) by adding at the end the following: 

16 ‘‘Failure by a person or entity to utilize the em17 ployment eligibility verification system as re18 quired by law, or providing information to the 

19 system that the person or entity knows or rea20 sonably believes to be false, shall be treated as 

21 a violation of subsection (a)(1)(A).’’; 

22 (4) by adding at the end of subsection (e) the 

23 following: 

24 ‘‘(10) EXEMPTION FROM PENALTY FOR GOOD

25 FAITH VIOLATION.—In the case of imposition of a 


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1 civil penalty under paragraph (4)(A) with respect to 

2 a violation of subsection (a)(1)(A) or (a)(2) for hir3 ing or continuation of employment or recruitment or 

4 referral by person or entity and in the case of impo5 sition of a civil penalty under paragraph (5) for a 

6 violation of subsection (a)(1)(B) for hiring or re7 cruitment or referral by a person or entity, the pen8 alty otherwise imposed may be waived or reduced if 

9 the violator establishes that the violator acted in 

10 good faith. 

11 ‘‘(11) MITIGATION ELEMENT.—For purposes of 

12 paragraph (4), the size of the business shall be 

13 taken into account when assessing the level of civil 

14 money penalty. 

15 ‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR

16 CERTAIN VIOLATIONS.— 

17 ‘‘(A) IN GENERAL.—If a person or entity 

18 is determined by the Secretary of Homeland Se19 curity to be a repeat violator of paragraph 

20 (1)(A) or (2) of subsection (a), or is convicted 

21 of a crime under this section, such person or 

22 entity may be considered for debarment from 

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1 ment procedures set forth in the Federal Acqui2 sition Regulation. 

3 ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 

4 AGREEMENT.—If the Secretary of Homeland 

5 Security or the Attorney General wishes to have 

6 a person or entity considered for debarment in 

7 accordance with this paragraph, and such an 

8 person or entity does not hold a Federal con9 tract, grant or cooperative agreement, the Sec10 retary or Attorney General shall refer the mat11 ter to the Administrator of General Services to 

12 determine whether to list the person or entity 

13 on the List of Parties Excluded from Federal 

14 Procurement, and if so, for what duration and 

15 under what scope. 

16 ‘‘(C) HAS CONTRACT, GRANT, AGREE17 MENT.—If the Secretary of Homeland Security 

18 or the Attorney General wishes to have a per19 son or entity considered for debarment in ac20 cordance with this paragraph, and such person 

21 or entity holds a Federal contract, grant or co22 operative agreement, the Secretary or Attorney 

23 General shall advise all agencies or departments 

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1 ment’s interest in having the person or entity 

2 considered for debarment, and after soliciting 

3 and considering the views of all such agencies 

4 and departments, the Secretary or Attorney 

5 General may refer the matter to any appro6 priate lead agency to determine whether to list 

7 the person or entity on the List of Parties Ex8 cluded from Federal Procurement, and if so, for 

9 what duration and under what scope. 

10 ‘‘(D) REVIEW.—Any decision to debar a 

11 person or entity in accordance with this para12 graph shall be reviewable pursuant to part 9.4 

13 of the Federal Acquisition Regulation. 

14 ‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN15 MENT COMPLAINTS.—The Secretary of Homeland 

16 Security shall establish an office— 

17 ‘‘(A) to which State and local government 

18 agencies may submit information indicating po19 tential violations of subsection (a), (b), or 

20 (g)(1) that were generated in the normal course 

21 of law enforcement or the normal course of 

22 other official activities in the State or locality; 

23 ‘‘(B) that is required to indicate to the 

24 complaining State or local agency within five 

25 business days of the filing of such a complaint 


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1 by identifying whether the Secretary will fur2 ther investigate the information provided; 

3 ‘‘(C) that is required to investigate those 

4 complaints filed by State or local government 

5 agencies that, on their face, have a substantial 

6 probability of validity; 

7 ‘‘(D) that is required to notify the com8 plaining State or local agency of the results of 

9 any such investigation conducted; and 

10 ‘‘(E) that is required to report to the Con11 gress annually the number of complaints re12 ceived under this paragraph, the States and lo13 calities that filed such complaints, and the reso14 lution of the complaints investigated by the Sec15 retary.’’; and 

16 (5) by amending paragraph (1) of subsection (f) 

17 to read as follows: 

18 ‘‘(1) CRIMINAL PENALTY.—Any person or enti19 ty which engages in a pattern or practice of viola20 tions of subsection (a)(1) or (2) shall be fined not 

21 more than $5,000 for each unauthorized alien with 

22 respect to which such a violation occurs, imprisoned 

23 for not more than 18 months, or both, notwith24 standing the provisions of any other Federal law re25 lating to fine levels.’’. 


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1 SEC. 1109. FRAUD AND MISUSE OF DOCUMENTS. 

2 Section 1546(b) of title 18, United States Code, is 

3 amended— 

4 (1) in paragraph (1), by striking ‘‘identification 

5 document,’’ and inserting ‘‘identification document 

6 or document meant to establish work authorization 

7 (including the documents described in section 

8 274A(b) of the Immigration and Nationality Act),’’; 

9 and 

10 (2) in paragraph (2), by striking ‘‘identification 

11 document’’ and inserting ‘‘identification document or 

12 document meant to establish work authorization (in13 cluding the documents described in section 274A(b) 

14 of the Immigration and Nationality Act),’’. 

15 SEC. 1110. PROTECTION OF SOCIAL SECURITY ADMINIS16 TRATION PROGRAMS. 

17 (a) FUNDING UNDER AGREEMENT.—Effective for 

18 fiscal years beginning on or after October 1, 2019, the 

19 Commissioner of Social Security and the Secretary of 

20 Homeland Security shall enter into and maintain an 

21 agreement which shall— 

22 (1) provide funds to the Commissioner for the 

23 full costs of the responsibilities of the Commissioner 

24 under section 274A(d) of the Immigration and Na25 tionality Act (8 U.S.C. 1324a(d)), as amended by 

26 this title, including (but not limited to)— 


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1 (A) acquiring, installing, and maintaining 

2 technological equipment and systems necessary 

3 for the fulfillment of the responsibilities of the 

4 Commissioner under such section 274A(d), but 

5 only that portion of such costs that are attrib6 utable exclusively to such responsibilities; and 

7 (B) responding to individuals who contest 

8 a tentative nonconfirmation provided by the em9 ployment eligibility verification system estab10 lished under such section; 

11 (2) provide such funds annually in advance of 

12 the applicable quarter based on estimating method13 ology agreed to by the Commissioner and the Sec14 retary (except in such instances where the delayed 

15 enactment of an annual appropriation may preclude 

16 such quarterly payments); and 

17 (3) require an annual accounting and reconcili18 ation of the actual costs incurred and the funds pro19 vided under the agreement, which shall be reviewed 

20 by the Inspectors General of the Social Security Ad21 ministration and the Department of Homeland Secu22 rity. 

23 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

24 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

25 which the agreement required under subsection (a) for any 


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1 fiscal year beginning on or after October 1, 2019, has not 

2 been reached as of October 1 of such fiscal year, the latest 

3 agreement between the Commissioner and the Secretary 

4 of Homeland Security providing for funding to cover the 

5 costs of the responsibilities of the Commissioner under 

6 section 274A(d) of the Immigration and Nationality Act 

7 (8 U.S.C. 1324a(d)) shall be deemed in effect on an in8 terim basis for such fiscal year until such time as an 

9 agreement required under subsection (a) is subsequently 

10 reached, except that the terms of such interim agreement 

11 shall be modified by the Director of the Office of Manage12 ment and Budget to adjust for inflation and any increase 

13 or decrease in the volume of requests under the employ14 ment eligibility verification system. In any case in which 

15 an interim agreement applies for any fiscal year under this 

16 subsection, the Commissioner and the Secretary shall, not 

17 later than October 1 of such fiscal year, notify the Com18 mittee on Ways and Means, the Committee on the Judici19 ary, and the Committee on Appropriations of the House 

20 of Representatives and the Committee on Finance, the 

21 Committee on the Judiciary, and the Committee on Ap22 propriations of the Senate of the failure to reach the 

23 agreement required under subsection (a) for such fiscal 

24 year. Until such time as the agreement required under 

25 subsection (a) has been reached for such fiscal year, the 


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1 Commissioner and the Secretary shall, not later than the 

2 end of each 90-day period after October 1 of such fiscal 

3 year, notify such Committees of the status of negotiations 

4 between the Commissioner and the Secretary in order to 

5 reach such an agreement. 

6 SEC. 1111. FRAUD PREVENTION. 

7 (a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT

8 NUMBERS.—The Secretary of Homeland Security, in con9 sultation with the Commissioner of Social Security, shall 

10 establish a program in which social security account num11 bers that have been identified to be subject to unusual 

12 multiple use in the employment eligibility verification sys13 tem established under section 274A(d) of the Immigration 

14 and Nationality Act (8 U.S.C. 1324a(d)), as amended by 

15 this title, or that are otherwise suspected or determined 

16 to have been compromised by identity fraud or other mis17 use, shall be blocked from use for such system purposes 

18 unless the individual using such number is able to estab19 lish, through secure and fair additional security proce20 dures, that the individual is the legitimate holder of the 

21 number. 

22 (b) ALLOWING SUSPENSION OF USE OF CERTAIN SO23 CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 

24 Homeland Security, in consultation with the Commis25 sioner of Social Security, shall establish a program which 


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1 shall provide a reliable, secure method by which victims 

2 of identity fraud and other individuals may suspend or 

3 limit the use of their social security account number or 

4 other identifying information for purposes of the employ5 ment eligibility verification system established under sec6 tion 274A(d) of the Immigration and Nationality Act (8 

7 U.S.C. 1324a(d)), as amended by this title. The Secretary 

8 may implement the program on a limited pilot program 

9 basis before making it fully available to all individuals. 

10 (c) ALLOWING PARENTS TO PREVENT THEFT OF

11 THEIR CHILD’S IDENTITY.—The Secretary of Homeland 

12 Security, in consultation with the Commissioner of Social 

13 Security, shall establish a program which shall provide a 

14 reliable, secure method by which parents or legal guard15 ians may suspend or limit the use of the social security 

16 account number or other identifying information of a 

17 minor under their care for the purposes of the employment 

18 eligibility verification system established under 274A(d) of 

19 the Immigration and Nationality Act (8 U.S.C. 1324a(d)), 

20 as amended by this title. The Secretary may implement 

21 the program on a limited pilot program basis before mak22 ing it fully available to all individuals. 


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1 SEC. 1112. USE OF EMPLOYMENT ELIGIBILITY 

2 VERIFICATION PHOTO TOOL. 

3 An employer or entity who uses the photo matching 

4 tool, if required by the Secretary as part of the verification 

5 system, shall match, either visually, or using facial rec6 ognition or other verification technology approved or re7 quired by the Secretary, the photo matching tool photo8 graph to the photograph on the identity or employment 

9 eligibility document provided by the individual or to the 

10 face of the employee submitting the document for employ11 ment verification purposes, or both, as determined by the 

12 Secretary. 

13 SEC. 1113. IDENTITY AUTHENTICATION EMPLOYMENT ELI14 GIBILITY VERIFICATION PILOT PROGRAMS. 

15 Not later than 24 months after the date of the enact16 ment of this Act, the Secretary of Homeland Security, 

17 after consultation with the Commissioner of Social Secu18 rity and the Director of the National Institute of Stand19 ards and Technology, shall establish by regulation not less 

20 than 2 Identity Authentication Employment Eligibility 

21 Verification pilot programs, each using a separate and dis22 tinct technology (the ‘‘Authentication Pilots’’). The pur23 pose of the Authentication Pilots shall be to provide for 

24 identity authentication and employment eligibility 

25 verification with respect to enrolled new employees which 

26 shall be available to any employer that elects to participate 


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1 in either of the Authentication Pilots. Any participating 

2 employer may cancel the employer’s participation in the 

3 Authentication Pilot after one year after electing to par4 ticipate without prejudice to future participation. The Sec5 retary shall report to the Committee on the Judiciary of 

6 the House of Representatives and the Committee on the 

7 Judiciary of the Senate the Secretary’s findings on the 

8 Authentication Pilots, including the authentication tech9 nologies chosen, not later than 12 months after com10 mencement of the Authentication Pilots. 

11 SEC. 1114. INSPECTOR GENERAL AUDITS. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of the enactment of this Act, the Inspector General 

14 of the Social Security Administration shall complete audits 

15 of the following categories in order to uncover evidence 

16 of individuals who are not authorized to work in the 

17 United States: 

18 (1) Workers who dispute wages reported on 

19 their social security account number when they be20 lieve someone else has used such number and name 

21 to report wages. 

22 (2) Children’s social security account numbers 

23 used for work purposes. 


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1 (3) Employers whose workers present signifi2 cant numbers of mismatched social security account 

3 numbers or names for wage reporting. 

4 (b) SUBMISSION.—The Inspector General of the So5 cial Security Administration shall submit the audits com6 pleted under subsection (a) to the Committee on Ways and 

7 Means of the House of Representatives and the Committee 

8 on Finance of the Senate for review of the evidence of 

9 individuals who are not authorized to work in the United 

10 States. The Chairmen of those Committees shall then de11 termine information to be shared with the Secretary of 

12 Homeland Security so that such Secretary can investigate 

13 the unauthorized employment demonstrated by such evi14 dence. 

15 TITLE II—SANCTUARY CITIES 

16 AND STATE AND LOCAL LAW 

17 ENFORCEMENT COOPERA18 TION 

19 SEC. 2201. SHORT TITLE. 

20 This title may be cited as the ‘‘No Sanctuary for 

21 Criminals Act’’. 


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1 SEC. 2202. STATE NONCOMPLIANCE WITH ENFORCEMENT 

2 OF IMMIGRATION LAW. 

3 (a) IN GENERAL.—Section 642 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

5 (8 U.S.C. 1373) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of Federal, State, or local law, no Federal, State, 

10 or local government entity, and no individual, may prohibit 

11 or in any way restrict, a Federal, State, or local govern12 ment entity, official, or other personnel from complying 

13 with the immigration laws (as defined in section 

14 101(a)(17) of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)(17))), or from assisting or cooperating 

16 with Federal law enforcement entities, officials, or other 

17 personnel regarding the enforcement of these laws.’’; 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) LAW ENFORCEMENT ACTIVITIES.—Notwith21 standing any other provision of Federal, State, or local 

22 law, no Federal, State, or local government entity, and no 

23 individual, may prohibit, or in any way restrict, a Federal, 

24 State, or local government entity, official, or other per25 sonnel from undertaking any of the following law enforce26 ment activities as they relate to information regarding the 


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1 citizenship or immigration status, lawful or unlawful, the 

2 inadmissibility or deportability, or the custody status, of 

3 any individual: 

4 ‘‘(1) Making inquiries to any individual in order 

5 to obtain such information regarding such individual 

6 or any other individuals. 

7 ‘‘(2) Notifying the Federal Government regard8 ing the presence of individuals who are encountered 

9 by law enforcement officials or other personnel of a 

10 State or political subdivision of a State. 

11 ‘‘(3) Complying with requests for such informa12 tion from Federal law enforcement entities, officials, 

13 or other personnel.’’; 

14 (3) in subsection (c), by striking ‘‘Immigration 

15 and Naturalization Service’’ and inserting ‘‘Depart16 ment of Homeland Security’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(d) COMPLIANCE.— 

19 ‘‘(1) ELIGIBILITY FOR CERTAIN GRANT PRO20 GRAMS.—A State, or a political subdivision of a 

21 State, that is found not to be in compliance with 

22 subsection (a) or (b) shall not be eligible to receive— 

23 ‘‘(A) any of the funds that would otherwise 

24 be allocated to the State or political subdivision 

25 under section 241(i) of the Immigration and 


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1 Nationality Act (8 U.S.C. 1231(i)), the ‘Cops 

2 on the Beat’ program under part Q of title I of 

3 the Omnibus Crime Control and Safe Streets 

4 Act of 1968 (34 U.S.C. 10381 et seq.), or the 

5 Edward Byrne Memorial Justice Assistance 

6 Grant Program under subpart 1 of part E of 

7 title I of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 

9 or 

10 ‘‘(B) any other grant administered by the 

11 Department of Justice that is substantially re12 lated to law enforcement (including enforcement 

13 of the immigration laws), immigration, enforce14 ment of the immigration laws, or naturalization 

15 or administered by the Department of Home16 land Security that is substantially related to im17 migration, the enforcement of the immigration 

18 laws, or naturalization. 

19 ‘‘(2) TRANSFER OF CUSTODY OF ALIENS PEND20 ING REMOVAL PROCEEDINGS.—The Secretary, at the 

21 Secretary’s discretion, may decline to transfer an 

22 alien in the custody of the Department of Homeland 

23 Security to a State or political subdivision of a State 

24 found not to be in compliance with subsection (a) or 


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1 (b), regardless of whether the State or political sub2 division of the State has issued a writ or warrant. 

3 ‘‘(3) TRANSFER OF CUSTODY OF CERTAIN

4 ALIENS PROHIBITED.—The Secretary shall not 

5 transfer an alien with a final order of removal pur6 suant to paragraph (1)(A) or (5) of section 241(a) 

7 of the Immigration and Nationality Act (8 U.S.C. 

8 1231(a)) to a State or a political subdivision of a 

9 State that is found not to be in compliance with sub10 section (a) or (b). 

11 ‘‘(4) ANNUAL DETERMINATION.—The Secretary 

12 shall determine for each calendar year which States 

13 or political subdivision of States are not in compli14 ance with subsection (a) or (b) and shall report such 

15 determinations to Congress by March 1 of each suc16 ceeding calendar year. 

17 ‘‘(5) REPORTS.—The Secretary of Homeland 

18 Security shall issue a report concerning the compli19 ance with subsections (a) and (b) of any particular 

20 State or political subdivision of a State at the re21 quest of the House or the Senate Judiciary Com22 mittee. Any jurisdiction that is found not to be in 

23 compliance shall be ineligible to receive Federal fi24 nancial assistance as provided in paragraph (1) for 

25 a minimum period of 1 year, and shall only become 


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1 eligible again after the Secretary of Homeland Secu2 rity certifies that the jurisdiction has come into com3 pliance. 

4 ‘‘(6) REALLOCATION.—Any funds that are not 

5 allocated to a State or to a political subdivision of 

6 a State due to the failure of the State or of the po7 litical subdivision of the State to comply with sub8 section (a) or (b) shall be reallocated to States or to 

9 political subdivisions of States that comply with both 

10 such subsections. 

11 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

12 require law enforcement officials from States, or from po13 litical subdivisions of States, to report or arrest victims 

14 or witnesses of a criminal offense.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on the date of the enactment 

17 of this Act, except that subsection (d) of section 642 of 

18 the Illegal Immigration Reform and Immigrant Responsi19 bility Act of 1996 (8 U.S.C. 1373), as added by this sec20 tion, shall apply only to prohibited acts committed on or 

21 after the date of the enactment of this Act. 


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1 SEC. 2203. CLARIFYING THE AUTHORITY OF ICE DETAIN2 ERS. 

3 (a) IN GENERAL.—Section 287(d) of the Immigra4 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 

5 to read as follows: 

6 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE

7 ALIENS.— 

8 ‘‘(1) IN GENERAL.—In the case of an individual 

9 who is arrested by any Federal, State, or local law 

10 enforcement official or other personnel for the al11 leged violation of any criminal or motor vehicle law, 

12 the Secretary may issue a detainer regarding the in13 dividual to any Federal, State, or local law enforce14 ment entity, official, or other personnel if the Sec15 retary has probable cause to believe that the indi16 vidual is an inadmissible or deportable alien. 

17 ‘‘(2) PROBABLE CAUSE.—Probable cause is 

18 deemed to be established if— 

19 ‘‘(A) the individual who is the subject of 

20 the detainer matches, pursuant to biometric 

21 confirmation or other Federal database records, 

22 the identity of an alien who the Secretary has 

23 reasonable grounds to believe to be inadmissible 

24 or deportable; 

25 ‘‘(B) the individual who is the subject of 

26 the detainer is the subject of ongoing removal 


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1 proceedings, including matters where a charg2 ing document has already been served; 

3 ‘‘(C) the individual who is the subject of 

4 the detainer has previously been ordered re5 moved from the United States and such an 

6 order is administratively final; 

7 ‘‘(D) the individual who is the subject of 

8 the detainer has made voluntary statements or 

9 provided reliable evidence that indicate that 

10 they are an inadmissible or deportable alien; or 

11 ‘‘(E) the Secretary otherwise has reason12 able grounds to believe that the individual who 

13 is the subject of the detainer is an inadmissible 

14 or deportable alien. 

15 ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 

16 State, or local law enforcement entity, official, or 

17 other personnel to whom a detainer is issued com18 plies with the detainer and detains for purposes of 

19 transfer of custody to the Department of Homeland 

20 Security the individual who is the subject of the de21 tainer, the Department may take custody of the in22 dividual within 48 hours (excluding weekends and 

23 holidays), but in no instance more than 96 hours, 

24 following the date that the individual is otherwise to 


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1 be released from the custody of the relevant Federal, 

2 State, or local law enforcement entity.’’. 

3 (b) IMMUNITY.— 

4 (1) IN GENERAL.—A State or a political sub5 division of a State (and the officials and personnel 

6 of the State or subdivision acting in their official ca7 pacities), and a nongovernmental entity (and its per8 sonnel) contracted by the State or political subdivi9 sion for the purpose of providing detention, acting in 

10 compliance with a Department of Homeland Secu11 rity detainer issued pursuant to this section who 

12 temporarily holds an alien in its custody pursuant to 

13 the terms of a detainer so that the alien may be 

14 taken into the custody of the Department of Home15 land Security, shall be considered to be acting under 

16 color of Federal authority for purposes of deter17 mining their liability and shall be held harmless for 

18 their compliance with the detainer in any suit seek19 ing any punitive, compensatory, or other monetary 

20 damages. 

21 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 

22 In any civil action arising out of the compliance with 

23 a Department of Homeland Security detainer by a 

24 State or a political subdivision of a State (and the 

25 officials and personnel of the State or subdivision 


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1 acting in their official capacities), or a nongovern2 mental entity (and its personnel) contracted by the 

3 State or political subdivision for the purpose of pro4 viding detention, the United States Government 

5 shall be the proper party named as the defendant in 

6 the suit in regard to the detention resulting from 

7 compliance with the detainer. 

8 (3) BAD FAITH EXCEPTION.—Paragraphs (1) 

9 and (2) shall not apply to any mistreatment of an 

10 individual by a State or a political subdivision of a 

11 State (and the officials and personnel of the State 

12 or subdivision acting in their official capacities), or 

13 a nongovernmental entity (and its personnel) con14 tracted by the State or political subdivision for the 

15 purpose of providing detention. 

16 (c) PRIVATE RIGHT OF ACTION.— 

17 (1) CAUSE OF ACTION.—Any individual, or a 

18 spouse, parent, or child of that individual (if the in19 dividual is deceased), who is the victim of a murder, 

20 rape, or any felony, as defined by the State, for 

21 which an alien (as defined in section 101(a)(3) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1101(a)(3))) has been convicted and sentenced to a 

24 term of imprisonment of at least 1 year, may bring 

25 an action against a State or political subdivision of 


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1 a State or public official acting in an official capac2 ity in the appropriate Federal court if the State or 

3 political subdivision, except as provided in paragraph 

4 (3)— 

5 (A) released the alien from custody prior 

6 to the commission of such crime as a con7 sequence of the State or political subdivision’s 

8 declining to honor a detainer issued pursuant to 

9 section 287(d)(1) of the Immigration and Na10 tionality Act (8 U.S.C. 1357(d)(1)); 

11 (B) has in effect a statute, policy, or prac12 tice not in compliance with section 642 of the 

13 Illegal Immigration Reform and Immigrant Re14 sponsibility Act of 1996 (8 U.S.C. 1373) as 

15 amended, and as a consequence of its statute, 

16 policy, or practice, released the alien from cus17 tody prior to the commission of such crime; or 

18 (C) has in effect a statute, policy, or prac19 tice requiring a subordinate political subdivision 

20 to decline to honor any or all detainers issued 

21 pursuant to section 287(d)(1) of the Immigra22 tion and Nationality Act (8 U.S.C. 1357(d)(1)), 

23 and, as a consequence of its statute, policy or 

24 practice, the subordinate political subdivision 

25 declined to honor a detainer issued pursuant to 


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1 such section, and as a consequence released the 

2 alien from custody prior to the commission of 

3 such crime. 

4 (2) LIMITATIONS ON BRINGING ACTION.—An 

5 action may not be brought under this subsection 

6 later than 10 years following the occurrence of the 

7 crime, or death of a person as a result of such 

8 crime, whichever occurs later. 

9 (3) PROPER DEFENDANT.—If a political sub10 division of a State declines to honor a detainer 

11 issued pursuant to section 287(d)(1) of the Immi12 gration and Nationality Act (8 U.S.C. 1357(d)) as 

13 a consequence of the State or another political sub14 division with jurisdiction over the subdivision prohib15 iting the subdivision through a statute or other legal 

16 requirement of the State or other political subdivi17 sion— 

18 (A) from honoring the detainer; or 

19 (B) fully complying with section 642 of the 

20 Illegal Immigration Reform and Immigrant Re21 sponsibility Act of 1996 (8 U.S.C. 1373), 

22 and, as a consequence of the statute or other legal 

23 requirement of the State or other political subdivi24 sion, the subdivision released the alien referred to in 

25 paragraph (1) from custody prior to the commission 


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1 of the crime referred to in that paragraph, the State 

2 or other political subdivision that enacted the statute 

3 or other legal requirement, shall be deemed to be the 

4 proper defendant in a cause of action under this 

5 subsection, and no such cause of action may be 

6 maintained against the political subdivision which 

7 declined to honor the detainer. 

8 (4) ATTORNEY’S FEE AND OTHER COSTS.—In 

9 any action or proceeding under this subsection the 

10 court shall allow a prevailing plaintiff a reasonable 

11 attorneys‘‘ fee as part of the costs, and include ex12 pert fees as part of the attorneys’’ fee. 

13 (d) ELIGIBILITY FOR CERTAIN GRANT PROGRAMS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), a State or political subdivision of a State 

16 that has in effect a statute, policy or practice pro17 viding that it not comply with any or all Department 

18 of Homeland Security detainers issued pursuant to 

19 section 287(d)(1) of the Immigration and Nation20 ality Act (8 U.S.C. 1357(d)) shall not be eligible to 

21 receive— 

22 (A) any of the funds that would otherwise 

23 be allocated to the State or political subdivision 

24 under section 241(i) of the Immigration and 

25 Nationality Act (8 U.S.C. 1231(i)), the ‘‘Cops 


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1 on the Beat’’ program under part Q of title I 

2 of the Omnibus Crime Control and Safe Streets 

3 Act of 1968 (34 U.S.C. 10301 et seq.), or the 

4 Edward Byrne Memorial Justice Assistance 

5 Grant Program under subpart 1 of part E of 

6 title I of the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 

8 or 

9 (B) any other grant administered by the 

10 Department of Justice that is substantially re11 lated to law enforcement (including enforcement 

12 of the immigration laws), immigration, or natu13 ralization or grant administered by the Depart14 ment of Homeland Security that is substantially 

15 related to immigration, enforcement of the im16 migration laws, or naturalization. 

17 (2) EXCEPTION.—A political subdivision de18 scribed in subsection (c)(3) that declines to honor a 

19 detainer issued pursuant to section 287(d)(1) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1357(d)(1)) as a consequence of being required to 

22 comply with a statute or other legal requirement of 

23 a State or another political subdivision with jurisdic24 tion over that political subdivision, shall remain eli25 gible to receive grant funds described in paragraph 


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1 (1). In the case described in the previous sentence, 

2 the State or political subdivision that enacted the 

3 statute or other legal requirement shall not be eligi4 ble to receive such funds. 

5 SEC. 2204. SARAH AND GRANT’S LAW. 

6 (a) DETENTION OF ALIENS DURING REMOVAL PRO7 CEEDINGS.— 

8 (1) CLERICAL AMENDMENTS.—(A) Section 236 

9 of the Immigration and Nationality Act (8 U.S.C. 

10 1226) is amended by striking ‘‘Attorney General’’ 

11 each place it appears (except in the second place 

12 that term appears in section 236(a)) and inserting 

13 ‘‘Secretary of Homeland Security’’. 

14 (B) Section 236(a) of such Act (8 U.S.C. 

15 1226(a)) is amended by inserting ‘‘the Secretary of 

16 Homeland Security or’’ before ‘‘the Attorney Gen17 eral—’’. 

18 (C) Section 236(e) of such Act (8 U.S.C. 

19 1226(e)) is amended by striking ‘‘Attorney Gen20 eral’s’’ and inserting ‘‘Secretary of Homeland Secu21 rity’s’’. 

22 (2) LENGTH OF DETENTION.—Section 236 of 

23 such Act (8 U.S.C. 1226) is amended by adding at 

24 the end the following: 

25 ‘‘(f) LENGTH OF DETENTION.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of this section, an alien may be detained, 

3 and for an alien described in subsection (c) shall be 

4 detained, under this section without time limitation, 

5 except as provided in subsection (h), during the 

6 pendency of removal proceedings. 

7 ‘‘(2) CONSTRUCTION.—The length of detention 

8 under this section shall not affect detention under 

9 section 241.’’. 

10 (3) DETENTION OF CRIMINAL ALIENS.—Section 

11 236(c)(1) of such Act (8 U.S.C. 1226(c)(1)) is 

12 amended— 

13 (A) in subparagraph (C), by striking ‘‘or’’ 

14 at the end; 

15 (B) by inserting after subparagraph (D) 

16 the following: 

17 ‘‘(E) is unlawfully present in the United 

18 States and has been convicted for driving while 

19 intoxicated (including a conviction for driving 

20 while under the influence or impaired by alcohol 

21 or drugs) without regard to whether the convic22 tion is classified as a misdemeanor or felony 

23 under State law, or 

24 ‘‘(F)(i)(I) is inadmissible under section 

25 212(a)(6)(i), 


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1 ‘‘(II) is deportable by reason of a visa rev2 ocation under section 221(i), or 

3 ‘‘(III) is deportable under section 

4 237(a)(1)(C)(i), and 

5 ‘‘(ii) has been arrested or charged with a 

6 particularly serious crime or a crime resulting 

7 in the death or serious bodily injury (as defined 

8 in section 1365(h)(3) of title 18, United States 

9 Code) of another person;’’; and 

10 (C) by amending the matter following sub11 paragraph (F) (as added by subparagraph (B) 

12 of this paragraph) to read as follows: 

13 ‘‘any time after the alien is released, without regard 

14 to whether an alien is released related to any activity, of15 fense, or conviction described in this paragraph; to wheth16 er the alien is released on parole, supervised release, or 

17 probation; or to whether the alien may be arrested or im18 prisoned again for the same offense. If the activity de19 scribed in this paragraph does not result in the alien being 

20 taken into custody by any person other than the Secretary, 

21 then when the alien is brought to the attention of the Sec22 retary or when the Secretary determines it is practical to 

23 take such alien into custody, the Secretary shall take such 

24 alien into custody.’’. 


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1 (4) ADMINISTRATIVE REVIEW.—Section 236 of 

2 the Immigration and Nationality Act (8 U.S.C. 

3 1226), as amended by paragraph (2), is further 

4 amended by adding at the end the following: 

5 ‘‘(g) ADMINISTRATIVE REVIEW.—The Attorney Gen6 eral’s review of the Secretary’s custody determinations 

7 under subsection (a) for the following classes of aliens 

8 shall be limited to whether the alien may be detained, re9 leased on bond (of at least $1,500 with security approved 

10 by the Secretary), or released with no bond: 

11 ‘‘(1) Aliens in exclusion proceedings. 

12 ‘‘(2) Aliens described in section 212(a)(3) or 

13 237(a)(4). 

14 ‘‘(3) Aliens described in subsection (c). 

15 ‘‘(h) RELEASE ON BOND.— 

16 ‘‘(1) IN GENERAL.—An alien detained under 

17 subsection (a) may seek release on bond. No bond 

18 may be granted except to an alien who establishes 

19 by clear and convincing evidence that the alien is not 

20 a flight risk or a danger to another person or the 

21 community. 

22 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 

23 detained under subsection (c) may seek release on 

24 bond.’’. 


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1 (5) CLERICAL AMENDMENTS.—(A) Section 

2 236(a)(2)(B) of the Immigration and Nationality 

3 Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik4 ing ‘‘conditional parole’’ and inserting ‘‘recog5 nizance’’. 

6 (B) Section 236(b) of such Act (8 U.S.C. 

7 1226(b)) is amended by striking ‘‘parole’’ and in8 serting ‘‘recognizance’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on the date of the enact11 ment of this Act and shall apply to any alien in detention 

12 under the provisions of section 236 of the Immigration 

13 and Nationality Act (8 U.S.C. 1226), as so amended, or 

14 otherwise subject to the provisions of such section, on or 

15 after such date. 

16 SEC. 2205. CLARIFICATION OF CONGRESSIONAL INTENT. 

17 Section 287(g) of the Immigration and Nationality 

18 Act (8 U.S.C. 1357(g)) is amended— 

19 (1) in paragraph (1) by striking ‘‘may enter’’ 

20 and all that follows through the period at the end 

21 and inserting the following: ‘‘shall enter into a writ22 ten agreement with a State, or any political subdivi23 sion of a State, upon request of the State or political 

24 subdivision, pursuant to which officers or employees 

25 of the State or subdivision, who are determined by 


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1 the Secretary to be qualified to perform a function 

2 of an immigration officer in relation to the investiga3 tion, apprehension, or detention of aliens in the 

4 United States (including the transportation of such 

5 aliens across State lines to detention centers), may 

6 carry out such function at the expense of the State 

7 or political subdivision and to the extent consistent 

8 with State and local law. No request from a bona 

9 fide State or political subdivision or bona fide law 

10 enforcement agency shall be denied absent a compel11 ling reason. No limit on the number of agreements 

12 under this subsection may be imposed. The Sec13 retary shall process requests for such agreements 

14 with all due haste, and in no case shall take not 

15 more than 90 days from the date the request is 

16 made until the agreement is consummated.’’; 

17 (2) by redesignating paragraph (2) as para18 graph (5) and paragraphs (3) through (10) as para19 graphs (7) through (14), respectively; 

20 (3) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) An agreement under this subsection shall accom23 modate a requesting State or political subdivision with re24 spect to the enforcement model or combination of models, 

25 and shall accommodate a patrol model, task force model, 


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1 jail model, any combination thereof, or any other reason2 able model the State or political subdivision believes is best 

3 suited to the immigration enforcement needs of its juris4 diction. 

5 ‘‘(3) No Federal program or technology directed 

6 broadly at identifying inadmissible or deportable aliens 

7 shall substitute for such agreements, including those es8 tablishing a jail model, and shall operate in addition to 

9 any agreement under this subsection. 

10 ‘‘(4)(A) No agreement under this subsection shall be 

11 terminated absent a compelling reason. 

12 ‘‘(B)(i) The Secretary shall provide a State or polit13 ical subdivision written notice of intent to terminate at 

14 least 180 days prior to date of intended termination, and 

15 the notice shall fully explain the grounds for termination, 

16 along with providing evidence substantiating the Sec17 retary’s allegations. 

18 ‘‘(ii) The State or political subdivision shall have the 

19 right to a hearing before an administrative law judge and, 

20 if the ruling is against the State or political subdivision, 

21 to appeal the ruling to the Federal Circuit Court of Ap22 peals and, if the ruling is against the State or political 

23 subdivision, to petition the Supreme Court for certiorari. 

24 ‘‘(C) The agreement shall remain in full effect during 

25 the course of any and all legal proceedings.’’; and 


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1 (4) by inserting after paragraph (5) (as redesig2 nated) the following: 

3 ‘‘(6) The Secretary of Homeland Security shall make 

4 training of State and local law enforcement officers avail5 able through as many means as possible, including 

6 through residential training at the Center for Domestic 

7 Preparedness and the Federal Law Enforcement Training 

8 Center, onsite training held at State or local police agen9 cies or facilities, online training courses by computer, tele10 conferencing, and videotape, or the digital video display 

11 (DVD) of a training course or courses. Distance learning 

12 through a secure, encrypted, distributed learning system 

13 that has all its servers based in the United States, is scal14 able, survivable, and can have a portal in place not later 

15 than 30 days after the date of the enactment of the Secur16 ing America’s Future Act of 2018, shall be made available 

17 by the COPS Office of the Department of Justice and the 

18 Federal Law Enforcement Training Center Distributed 

19 Learning Program for State and local law enforcement 

20 personnel. Preference shall be given to private sector21 based, web-based immigration enforcement training pro22 grams for which the Federal Government has already pro23 vided support to develop.’’. 


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1 SEC. 2206. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 

2 (a) IN GENERAL.—Section 275 of the Immigration 

3 and Nationality Act (8 U.S.C. 1325) is amended to read 

4 as follows: 

5 ‘‘ILLEGAL ENTRY OR PRESENCE

6 ‘‘SEC. 275. (a) IN GENERAL.— 

7 ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien 

8 shall be subject to the penalties set forth in para9 graph (2) if the alien— 

10 ‘‘(A) knowingly enters or crosses the bor11 der into the United States at any time or place 

12 other than as designated by the Secretary of 

13 Homeland Security; 

14 ‘‘(B) knowingly eludes, at any time or 

15 place, examination or inspection by an author16 ized immigration, customs, or agriculture offi17 cer (including by failing to stop at the com18 mand of such officer); 

19 ‘‘(C) knowingly enters or crosses the bor20 der to the United States and, upon examination 

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1 ments of the customs laws, immigration laws, 

2 agriculture laws, or shipping laws); 

3 ‘‘(D) knowingly violates the terms or con4 ditions of the alien’s admission or parole into 

5 the United States and has remained in violation 

6 for an aggregate period of 90 days or more; or 

7 ‘‘(E) knowingly is unlawfully present in the 

8 United States (as defined in section 

9 212(a)(9)(B)(ii) subject to the exceptions set 

10 forth in section 212(a)(9)(B)(iii)) and has re11 mained in violation for an aggregate period of 

12 90 days or more. 

13 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

14 violates any provision under paragraph (1)— 

15 ‘‘(A) shall, for the first violation, be fined 

16 under title 18, United States Code, imprisoned 

17 not more than 6 months, or both; 

18 ‘‘(B) shall, for a second or subsequent vio19 lation, or following an order of voluntary depar20 ture, be fined under such title, imprisoned not 

21 more than 2 years (or not more than 6 months 

22 in the case of a second or subsequent violation 

23 of paragraph (1)(E)), or both; 

24 ‘‘(C) if the violation occurred after the 

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1 demeanors or for a felony, shall be fined under 

2 such title, imprisoned not more than 10 years, 

3 or both; 

4 ‘‘(D) if the violation occurred after the 

5 alien had been convicted of a felony for which 

6 the alien received a term of imprisonment of 

7 not less than 30 months, shall be fined under 

8 such title, imprisoned not more than 15 years, 

9 or both; and 

10 ‘‘(E) if the violation occurred after the 

11 alien had been convicted of a felony for which 

12 the alien received a term of imprisonment of 

13 not less than 60 months, such alien shall be 

14 fined under such title, imprisoned not more 

15 than 20 years, or both. 

16 ‘‘(3) PRIOR CONVICTIONS.—The prior convic17 tions described in subparagraphs (C) through (E) of 

18 paragraph (2) are elements of the offenses described 

19 and the penalties in such subparagraphs shall apply 

20 only in cases in which the conviction or convictions 

21 that form the basis for the additional penalty are— 

22 ‘‘(A) alleged in the indictment or informa23 tion; and 

24 ‘‘(B) proven beyond a reasonable doubt at 

25 trial or admitted by the defendant. 


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1 ‘‘(4) DURATION OF OFFENSE.—An offense 

2 under this subsection continues until the alien is dis3 covered within the United States by an immigration, 

4 customs, or agriculture officer, or until the alien is 

5 granted a valid visa or relief from removal. 

6 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

7 any offense under this section shall be punished in 

8 the same manner as for a completion of such of9 fense. 

10 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN11 ALTIES.—Any alien who is apprehended while entering, at12 tempting to enter, or knowingly crossing or attempting to 

13 cross the border to the United States at a time or place 

14 other than as designated by immigration officers shall be 

15 subject to a civil penalty, in addition to any criminal or 

16 other civil penalties that may be imposed under any other 

17 provision of law, in an amount equal to— 

18 ‘‘(1) not less than $50 or more than $250 for 

19 each such entry, crossing, attempted entry, or at20 tempted crossing; or 

21 ‘‘(2) twice the amount specified in paragraph 

22 (1) if the alien had previously been subject to a civil 

23 penalty under this subsection.’’. 

24 (b) CLERICAL AMENDMENT.—The table of contents 

25 for the Immigration and Nationality Act is amended by 


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1 striking the item relating to section 275 and inserting the 

2 following: 

‘‘Sec. 275. Illegal entry or presence.’’. 

3 (c) EFFECTIVE DATES AND APPLICABILITY.— 

4 (1) CRIMINAL PENALTIES.—Section 275(a) of 

5 the Immigration and Nationality Act (8 U.S.C. 

6 1325(a)), as amended by subsection (a), shall take 

7 effect 90 days after the date of the enactment of 

8 this Act, and shall apply to acts, conditions, or viola9 tions described in such section 275(a) that occur or 

10 exist on or after such effective date. 

11 (2) CIVIL PENALTIES.—Section 275(b) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1325(b)), as amended by subsection (a), shall take 

14 effect on the date of the enactment of this Act and 

15 shall apply to acts described in such section 275(b) 

16 that occur before, on, or after such date. 

17 TITLE III—CRIMINAL ALIENS 

18 SEC. 3301. PRECLUDING ADMISSIBILITY OF ALIENS CON19 VICTED OF AGGRAVATED FELONIES OR 

20 OTHER SERIOUS OFFENSES. 

21 (a) INADMISSIBILITY ON CRIMINAL AND RELATED

22 GROUNDS; WAIVERS.—Section 212 of the Immigration 

23 and Nationality Act (8 U.S.C. 1182) is amended— 

24 (1) in subsection (a)(2)(A)(i)— 


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1 (A) in subclause (I), by striking ‘‘or’’ at 

2 the end; 

3 (B) in subclause (II), by adding ‘‘or’’ at 

4 the end; and 

5 (C) by inserting after subclause (II) the 

6 following: 

7 ‘‘(III) a violation of (or a con8 spiracy or attempt to violate) an of9 fense described in section 208 of the 

10 Social Security Act (42 U.S.C. 408) 

11 (relating to social security account 

12 numbers or social security cards) or 

13 section 1028 of title 18, United States 

14 Code (relating to fraud and related 

15 activity in connection with identifica16 tion documents, authentication fea17 tures, and information),’’; 

18 (2) by adding at the end of subsection (a)(2) 

19 the following: 

20 ‘‘(J) PROCUREMENT OF CITIZENSHIP OR

21 NATURALIZATION UNLAWFULLY.—Any alien 

22 convicted of, or who admits having committed, 

23 or who admits committing acts which constitute 

24 the essential elements of, a violation of, or an 

25 attempt or a conspiracy to violate, subsection 


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1 (a) or (b) of section 1425 of title 18, United 

2 States Code (relating to the procurement of 

3 citizenship or naturalization unlawfully) is inad4 missible. 

5 ‘‘(K) CERTAIN FIREARM OFFENSES.—Any 

6 alien who at any time has been convicted under 

7 any law of, or who admits having committed or 

8 admits committing acts which constitute the es9 sential elements of, purchasing, selling, offering 

10 for sale, exchanging, using, owning, possessing, 

11 or carrying, or of attempting or conspiring to 

12 purchase, sell, offer for sale, exchange, use, 

13 own, possess, or carry, any weapon, part, or ac14 cessory which is a firearm or destructive device 

15 (as defined in section 921(a) of title 18, United 

16 States Code) in violation of any law is inadmis17 sible. 

18 ‘‘(L) AGGRAVATED FELONS.—Any alien 

19 who has been convicted of an aggravated felony 

20 at any time is inadmissible. 

21 ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, 

22 STALKING, OR VIOLATION OF PROTECTION OR23 DERS, CRIMES AGAINST CHILDREN.— 

24 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

25 AND CHILD ABUSE.—Any alien who at any 


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1 time is convicted of, or who admits having 

2 committed or admits committing acts 

3 which constitute the essential elements of, 

4 a crime of domestic violence, a crime of 

5 stalking, or a crime of child abuse, child 

6 neglect, or child abandonment is inadmis7 sible. For purposes of this clause, the term 

8 ‘crime of domestic violence’ means any 

9 crime of violence (as defined in section 16 

10 of title 18, United States Code) against a 

11 person committed by a current or former 

12 spouse of the person, by an individual with 

13 whom the person shares a child in com14 mon, by an individual who is cohabiting 

15 with or has cohabited with the person as a 

16 spouse, by an individual similarly situated 

17 to a spouse of the person under the domes18 tic or family violence laws of the jurisdic19 tion where the offense occurs, or by any 

20 other individual against a person who is 

21 protected from that individual’s acts under 

22 the domestic or family violence laws of the 

23 United States or any State, Indian tribal 

24 government, or unit of local or foreign gov25 ernment. 


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1 ‘‘(ii) VIOLATORS OF PROTECTION OR2 DERS.—Any alien who at any time is en3 joined under a protection order issued by 

4 a court and whom the court determines 

5 has engaged in conduct that violates the 

6 portion of a protection order that involves 

7 protection against credible threats of vio8 lence, repeated harassment, or bodily in9 jury to the person or persons for whom the 

10 protection order was issued is inadmissible. 

11 For purposes of this clause, the term ‘pro12 tection order’ means any injunction issued 

13 for the purpose of preventing violent or 

14 threatening acts of domestic violence, in15 cluding temporary or final orders issued by 

16 civil or criminal courts (other than support 

17 or child custody orders or provisions) 

18 whether obtained by filing an independent 

19 action or as a independent order in an20 other proceeding. 

21 ‘‘(iii) WAIVER AUTHORIZED.—The 

22 waiver authority available under section 

23 237(a)(7) with respect to section 

24 237(a)(2)(E)(i) shall be available on a 


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1 comparable basis with respect to this sub2 paragraph. 

3 ‘‘(iv) CLARIFICATION.—If the convic4 tion records do not conclusively establish 

5 whether a crime of domestic violence con6 stitutes a crime of violence (as defined in 

7 section 16 of title 18, United States Code), 

8 the Attorney General may consider other 

9 evidence related to the conviction that es10 tablishes that the conduct for which the 

11 alien was engaged constitutes a crime of 

12 violence.’’; and 

13 (3) in subsection (h)— 

14 (A) by striking ‘‘The Attorney General 

15 may, in his discretion, waive the application of 

16 subparagraphs (A)(i)(I), (B), (D), and (E) of 

17 subsection (a)(2)’’ and inserting ‘‘The Attorney 

18 General or the Secretary of Homeland Security 

19 may, in the discretion of the Attorney General 

20 or the Secretary, waive the application of sub21 paragraphs (A)(i)(I), (III), (B), (D), (E), (K), 

22 and (M) of subsection (a)(2)’’; 

23 (B) by striking ‘‘a criminal act involving 

24 torture.’’ and inserting ‘‘a criminal act involving 


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1 torture, or has been convicted of an aggravated 

2 felony.’’; 

3 (C) by striking ‘‘if either since the date of 

4 such admission the alien has been convicted of 

5 an aggravated felony or the alien’’ and inserting 

6 ‘‘if since the date of such admission the alien’’; 

7 and 

8 (D) by inserting ‘‘or Secretary of Home9 land Security’’ after ‘‘the Attorney General’’ 

10 each place it appears. 

11 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

12 237(a)(3)(B) of the Immigration and Nationality Act (8 

13 U.S.C. 1227(a)(3)(B)) is amended— 

14 (1) in clause (ii), by striking ‘‘or’’ at the end; 

15 (2) in clause (iii), by inserting ‘‘or’’ at the end; 

16 and 

17 (3) by inserting after clause (iii) the following: 

18 ‘‘(iv) of a violation of, or an attempt 

19 or a conspiracy to violate, section 1425(a) 

20 or (b) of title 18 (relating to the procure21 ment of citizenship or naturalization un22 lawfully),’’. 

23 (c) DEPORTABILITY; OTHER CRIMINAL OFFENSES.— 

24 Section 237(a)(2) of the Immigration and Nationality Act 


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1 (8 U.S.C. 1227(a)(2)) is amended by adding at the end 

2 the following: 

3 ‘‘(G) FRAUD AND RELATED ACTIVITY AS4 SOCIATED WITH SOCIAL SECURITY ACT BENE5 FITS AND IDENTIFICATION DOCUMENTS.—Any 

6 alien who at any time after admission has been 

7 convicted of a violation of (or a conspiracy or 

8 attempt to violate) section 208 of the Social Se9 curity Act (42 U.S.C. 408) (relating to social 

10 security account numbers or social security 

11 cards) or section 1028 of title 18, United States 

12 Code (relating to fraud and related activity in 

13 connection with identification) is deportable.’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply— 

16 (1) to any act that occurred before, on, or after 

17 the date of the enactment of this Act; and 

18 (2) to all aliens who are required to establish 

19 admissibility on or after such date, and in all re20 moval, deportation, or exclusion proceedings that are 

21 filed, pending, or reopened, on or after such date. 

22 (e) CONSTRUCTION.—The amendments made by sub23 section (a) shall not be construed to create eligibility for 

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1 migration and Nationality Act where such eligibility did 

2 not exist before these amendments became effective. 

3 SEC. 3302. INCREASED PENALTIES BARRING THE ADMIS4 SION OF CONVICTED SEX OFFENDERS FAIL5 ING TO REGISTER AND REQUIRING DEPORTA6 TION OF SEX OFFENDERS FAILING TO REG7 ISTER. 

8 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of 

9 the Immigration and Nationality Act (8 U.S.C. 

10 1182(a)(2)(A)(i)), as amended by this title, is further 

11 amended— 

12 (1) in subclause (II), by striking ‘‘or’’ at the 

13 end; 

14 (2) in subclause (III), by adding ‘‘or’’ at the 

15 end; and 

16 (3) by inserting after subclause (III) the fol17 lowing: 

18 ‘‘(IV) a violation of section 2250 

19 of title 18, United States Code (relat20 ing to failure to register as a sex of21 fender),’’. 

22 (b) DEPORTABILITY.—Section 237(a)(2) of such Act 

23 (8 U.S.C. 1227(a)(2)), as amended by this title, is further 

24 amended— 


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1 (1) in subparagraph (A), by striking clause (v); 

2 and 

3 (2) by adding at the end the following: 

4 ‘‘(I) FAILURE TO REGISTER AS A SEX OF5 FENDER.—Any alien convicted of, or who ad6 mits having committed, or who admits commit7 ting acts which constitute the essential elements 

8 of a violation of section 2250 of title 18, United 

9 States Code (relating to failure to register as a 

10 sex offender) is deportable.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the date of the enactment 

13 of this Act and shall apply to acts that occur before, on, 

14 or after the date of the enactment of this Act. 

15 SEC. 3303. GROUNDS OF INADMISSIBILITY AND DEPORT16 ABILITY FOR ALIEN GANG MEMBERS. 

17 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 

18 of the Immigration and Nationality Act (8 U.S.C. 

19 1101(a)) is amended by adding at the end the following: 

20 ‘‘(53) The term ‘criminal gang’ means an ongoing 

21 group, club, organization, or association of 5 or more per22 sons that has as one of its primary purposes the commis23 sion of 1 or more of the following criminal offenses and 

24 the members of which engage, or have engaged within the 

25 past 5 years, in a continuing series of such offenses, or 


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1 that has been designated as a criminal gang by the Sec2 retary of Homeland Security, in consultation with the At3 torney General, as meeting these criteria. The offenses de4 scribed, whether in violation of Federal or State law or 

5 foreign law and regardless of whether the offenses oc6 curred before, on, or after the date of the enactment of 

7 this paragraph, are the following: 

8 ‘‘(A) A ‘felony drug offense’ (as defined in sec9 tion 102 of the Controlled Substances Act (21 

10 U.S.C. 802)). 

11 ‘‘(B) A felony offense involving firearms or ex12 plosives or in violation of section 931 of title 18, 

13 United States Code (relating to purchase, ownership, 

14 or possession of body armor by violent felons). 

15 ‘‘(C) An offense under section 274 (relating to 

16 bringing in and harboring certain aliens), section 

17 277 (relating to aiding or assisting certain aliens to 

18 enter the United States), or section 278 (relating to 

19 importation of alien for immoral purpose). 

20 ‘‘(D) A crime of violence (as defined in section 

21 16 of title 18, United States Code). 

22 ‘‘(E) A crime involving obstruction of justice, 

23 tampering with or retaliating against a witness, vic24 tim, or informant. 


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1 ‘‘(F) Any conduct punishable under sections 

2 1028A and 1029 of title 18, United States Code (re3 lating to aggravated identity theft or fraud and re4 lated activity in connection with identification docu5 ments or access devices), sections 1581 through 

6 1594 of such title (relating to peonage, slavery, and 

7 trafficking in persons), section 1951 of such title 

8 (relating to interference with commerce by threats or 

9 violence), section 1952 of such title (relating to 

10 interstate and foreign travel or transportation in aid 

11 of racketeering enterprises), section 1956 of such 

12 title (relating to the laundering of monetary instru13 ments), section 1957 of such title (relating to engag14 ing in monetary transactions in property derived 

15 from specified unlawful activity), or sections 2312 

16 through 2315 of such title (relating to interstate 

17 transportation of stolen motor vehicles or stolen 

18 property). 

19 ‘‘(G) A conspiracy to commit an offense de20 scribed in subparagraphs (A) through (F).’’. 

21 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 

22 (8 U.S.C. 1182(a)(2)) is amended by adding at the end 

23 the following: 

24 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

25 GANGS.—(i) Any alien is inadmissible who a 


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1 consular officer, an immigration officer, the 

2 Secretary of Homeland Security, or the Attor3 ney General knows or has reason to believe— 

4 ‘‘(I) to be or to have been a member 

5 of a criminal gang (as defined in section 

6 101(a)(53)); or 

7 ‘‘(II) to have participated in the ac8 tivities of a criminal gang (as defined in 

9 section 101(a)(53)), knowing or having 

10 reason to know that such activities will 

11 promote, further, aid, or support the illegal 

12 activity of the criminal gang. 

13 ‘‘(ii) Any alien for whom a consular officer, 

14 an immigration officer, the Secretary of Home15 land Security, or the Attorney General has rea16 sonable grounds to believe has participated in, 

17 been a member of, promoted, or conspired with 

18 a criminal gang, either inside or outside of the 

19 United States, is inadmissible. 

20 ‘‘(iii) Any alien for whom a consular offi21 cer, an immigration officer, the Secretary of 

22 Homeland Security, or the Attorney General 

23 has reasonable grounds to believe seeks to enter 

24 the United States or has entered the United 

25 States in furtherance of the activities of a 


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1 criminal gang, either inside or outside of the 

2 United States, is inadmissible.’’. 

3 (c) DEPORTABILITY.—Section 237(a)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

5 amended by adding at the end the following: 

6 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

7 GANGS.—Any alien is deportable who— 

8 ‘‘(i) is or has been a member of a 

9 criminal gang (as defined in section 

10 101(a)(53)); or 

11 ‘‘(ii) has participated in the activities 

12 of a criminal gang (as so defined), knowing 

13 or having reason to know that such activi14 ties will promote, further, aid, or support 

15 the illegal activity of the criminal gang.’’. 

16 (d) DESIGNATION.— 

17 (1) IN GENERAL.—Chapter 2 of title II of the 

18 Immigration and Nationality Act (8 U.S.C. 1182) is 

19 amended by inserting after section 219 the fol20 lowing: 

21 ‘‘DESIGNATION OF CRIMINAL GANG

22 ‘‘SEC. 220. 

23 ‘‘(a) DESIGNATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se25 curity, in consultation with the Attorney General, may 

26 designate a group, club, organization, or association of 5 


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1 or more persons as a criminal gang if the Secretary finds 

2 that their conduct is described in section 101(a)(53). 

3 ‘‘(2) PROCEDURE.— 

4 ‘‘(A) NOTIFICATION.—Seven days before mak5 ing a designation under this subsection, the Sec6 retary shall, by classified communication, notify the 

7 Speaker and Minority Leader of the House of Rep8 resentatives, the President pro tempore, Majority 

9 Leader, and Minority Leader of the Senate, and the 

10 members of the relevant committees of the House of 

11 Representatives and the Senate, in writing, of the 

12 intent to designate a group, club, organization, or 

13 association of 5 or more persons under this sub14 section and the factual basis therefor. 

15 ‘‘(B) PUBLICATION IN THE FEDERAL REG16 ISTER.—The Secretary shall publish the designation 

17 in the Federal Register seven days after providing 

18 the notification under subparagraph (A). 

19 ‘‘(3) RECORD.— 

20 ‘‘(A) IN GENERAL.—In making a designation 

21 under this subsection, the Secretary shall create an 

22 administrative record. 

23 ‘‘(B) CLASSIFIED INFORMATION.—The Sec24 retary may consider classified information in making 

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1 mation shall not be subject to disclosure for such 

2 time as it remains classified, except that such infor3 mation may be disclosed to a court ex parte and in 

4 camera for purposes of judicial review under sub5 section (c). 

6 ‘‘(4) PERIOD OF DESIGNATION.— 

7 ‘‘(A) IN GENERAL.—A designation under this 

8 subsection shall be effective for all purposes until re9 voked under paragraph (5) or (6) or set aside pursu10 ant to subsection (c). 

11 ‘‘(B) REVIEW OF DESIGNATION UPON PETI12 TION.— 

13 ‘‘(i) IN GENERAL.—The Secretary shall re14 view the designation of a criminal gang under 

15 the procedures set forth in clauses (iii) and (iv) 

16 if the designated group, club, organization, or 

17 association of 5 or more persons files a petition 

18 for revocation within the petition period de19 scribed in clause (ii). 

20 ‘‘(ii) PETITION PERIOD.—For purposes of 

21 clause (i)— 

22 ‘‘(I) if the designated group, club, or23 ganization, or association of 5 or more per24 sons has not previously filed a petition for 

25 revocation under this subparagraph, the 


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1 petition period begins 2 years after the 

2 date on which the designation was made; 

3 or 

4 ‘‘(II) if the designated group, club, or5 ganization, or association of 5 or more per6 sons has previously filed a petition for rev7 ocation under this subparagraph, the peti8 tion period begins 2 years after the date of 

9 the determination made under clause (iv) 

10 on that petition. 

11 ‘‘(iii) PROCEDURES.—Any group, club, or12 ganization, or association of 5 or more persons 

13 that submits a petition for revocation under 

14 this subparagraph of its designation as a crimi15 nal gang must provide evidence in that petition 

16 that it is not described in section 101(a)(53). 

17 ‘‘(iv) DETERMINATION.— 

18 ‘‘(I) IN GENERAL.—Not later than 

19 180 days after receiving a petition for rev20 ocation submitted under this subpara21 graph, the Secretary shall make a deter22 mination as to such revocation. 

23 ‘‘(II) CLASSIFIED INFORMATION.— 

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1 sponse to a petition for revocation. Classi2 fied information shall not be subject to dis3 closure for such time as it remains classi4 fied, except that such information may be 

5 disclosed to a court ex parte and in camera 

6 for purposes of judicial review under sub7 section (c). 

8 ‘‘(III) PUBLICATION OF DETERMINA9 TION.—A determination made by the Sec10 retary under this clause shall be published 

11 in the Federal Register. 

12 ‘‘(IV) PROCEDURES.—Any revocation 

13 by the Secretary shall be made in accord14 ance with paragraph (6). 

15 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

16 ‘‘(i) IN GENERAL.—If in a 5-year period no 

17 review has taken place under subparagraph (B), 

18 the Secretary shall review the designation of the 

19 criminal gang in order to determine whether 

20 such designation should be revoked pursuant to 

21 paragraph (6). 

22 ‘‘(ii) PROCEDURES.—If a review does not 

23 take place pursuant to subparagraph (B) in re24 sponse to a petition for revocation that is filed 

25 in accordance with that subparagraph, then the 


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1 review shall be conducted pursuant to proce2 dures established by the Secretary. The results 

3 of such review and the applicable procedures 

4 shall not be reviewable in any court. 

5 ‘‘(iii) PUBLICATION OF RESULTS OF RE6 VIEW.—The Secretary shall publish any deter7 mination made pursuant to this subparagraph 

8 in the Federal Register. 

9 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con10 gress, by an Act of Congress, may block or revoke a des11 ignation made under paragraph (1). 

12 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR13 CUMSTANCES.— 

14 ‘‘(A) IN GENERAL.—The Secretary may revoke 

15 a designation made under paragraph (1) at any 

16 time, and shall revoke a designation upon completion 

17 of a review conducted pursuant to subparagraphs 

18 (B) and (C) of paragraph (4) if the Secretary finds 

19 that— 

20 ‘‘(i) the group, club, organization, or asso21 ciation of 5 or more persons that has been des22 ignated as a criminal gang is no longer de23 scribed in section 101(a)(53); or 


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1 ‘‘(ii) the national security or the law en2 forcement interests of the United States war3 rants a revocation. 

4 ‘‘(B) PROCEDURE.—The procedural require5 ments of paragraphs (2) and (3) shall apply to a 

6 revocation under this paragraph. Any revocation 

7 shall take effect on the date specified in the revoca8 tion or upon publication in the Federal Register if 

9 no effective date is specified. 

10 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 

11 designation under paragraph (5) or (6) shall not affect 

12 any action or proceeding based on conduct committed 

13 prior to the effective date of such revocation. 

14 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR15 ING.—If a designation under this subsection has become 

16 effective under paragraph (2) an alien in a removal pro17 ceeding shall not be permitted to raise any question con18 cerning the validity of the issuance of such designation 

19 as a defense or an objection. 

20 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary may amend 

22 a designation under this subsection if the Secretary 

23 finds that the group, club, organization, or associa24 tion of 5 or more persons has changed its name, 

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1 tuted itself under a different name or names, or 

2 merged with another group, club, organization, or 

3 association of 5 or more persons. 

4 ‘‘(2) PROCEDURE.—Amendments made to a 

5 designation in accordance with paragraph (1) shall 

6 be effective upon publication in the Federal Register. 

7 Paragraphs (2), (4), (5), (6), (7), and (8) of sub8 section (a) shall also apply to an amended designa9 tion. 

10 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis11 trative record shall be corrected to include the 

12 amendments as well as any additional relevant infor13 mation that supports those amendments. 

14 ‘‘(4) CLASSIFIED INFORMATION.—The Sec15 retary may consider classified information in amend16 ing a designation in accordance with this subsection. 

17 Classified information shall not be subject to disclo18 sure for such time as it remains classified, except 

19 that such information may be disclosed to a court ex 

20 parte and in camera for purposes of judicial review 

21 under subsection (c) of this section. 

22 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 30 days 

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1 tion in response to a petition for revocation, the des2 ignated group, club, organization, or association of 5 

3 or more persons may seek judicial review in the 

4 United States Court of Appeals for the District of 

5 Columbia Circuit. 

6 ‘‘(2) BASIS OF REVIEW.—Review under this 

7 subsection shall be based solely upon the administra8 tive record, except that the Government may submit, 

9 for ex parte and in camera review, classified infor10 mation used in making the designation, amended 

11 designation, or determination in response to a peti12 tion for revocation. 

13 ‘‘(3) SCOPE OF REVIEW.—The Court shall hold 

14 unlawful and set aside a designation, amended des15 ignation, or determination in response to a petition 

16 for revocation the court finds to be— 

17 ‘‘(A) arbitrary, capricious, an abuse of dis18 cretion, or otherwise not in accordance with 

19 law; 

20 ‘‘(B) contrary to constitutional right, 

21 power, privilege, or immunity; 

22 ‘‘(C) in excess of statutory jurisdiction, au23 thority, or limitation, or short of statutory 

24 right; 


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1 ‘‘(D) lacking substantial support in the ad2 ministrative record taken as a whole or in clas3 sified information submitted to the court under 

4 paragraph (2); or 

5 ‘‘(E) not in accord with the procedures re6 quired by law. 

7 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend8 ency of an action for judicial review of a designation, 

9 amended designation, or determination in response 

10 to a petition for revocation shall not affect the appli11 cation of this section, unless the court issues a final 

12 order setting aside the designation, amended des13 ignation, or determination in response to a petition 

14 for revocation. 

15 ‘‘(d) DEFINITIONS.—As used in this section— 

16 ‘‘(1) the term ‘classified information’ has the 

17 meaning given that term in section 1(a) of the Clas18 sified Information Procedures Act (18 U.S.C. App.); 

19 ‘‘(2) the term ‘national security’ means the na20 tional defense, foreign relations, or economic inter21 ests of the United States; 

22 ‘‘(3) the term ‘relevant committees’ means the 

23 Committees on the Judiciary of the Senate and of 

24 the House of Representatives; and 


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1 ‘‘(4) the term ‘Secretary’ means the Secretary 

2 of Homeland Security, in consultation with the At3 torney General.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents for such Act is amended by inserting after the 

6 item relating to section 219 the following: 

‘‘Sec. 220. Designation.’’. 

7 (e) MANDATORY DETENTION OF CRIMINAL GANG

8 MEMBERS.— 

9 (1) IN GENERAL.—Section 236(c)(1) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1226(c)(1)), as amended by this title, is further 

12 amended— 

13 (A) in subparagraph (D), by striking ‘‘or’’ 

14 at the end; 

15 (B) in subparagraph (E), by inserting ‘‘or’’ 

16 at the end; and 

17 (C) by inserting after subparagraph (E) 

18 the following: 

19 ‘‘(F) is inadmissible under section 

20 212(a)(2)(J) or deportable under section 

21 217(a)(2)(G),’’. 

22 (2) ANNUAL REPORT.—Not later than March 1 

23 of each year (beginning 1 year after the date of the 

24 enactment of this Act), the Secretary of Homeland 

25 Security, after consultation with the appropriate 


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1 Federal agencies, shall submit a report to the Com2 mittees on the Judiciary of the House of Represent3 atives and of the Senate on the number of aliens de4 tained under the amendments made by paragraph 

5 (1). 

6 (f) ASYLUM CLAIMS BASED ON GANG AFFILI7 ATION.— 

8 (1) INAPPLICABILITY OF RESTRICTION ON RE9 MOVAL TO CERTAIN COUNTRIES.—Section 

10 241(b)(3)(B) of the Immigration and Nationality 

11 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 

12 matter preceding clause (i), by inserting ‘‘who is de13 scribed in section 212(a)(2)(J)(i) or section 

14 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

15 (2) INELIGIBILITY FOR ASYLUM.—Section 

16 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

17 is amended— 

18 (A) in clause (v), by striking ‘‘or’’ at the 

19 end; 

20 (B) by redesignating clause (vi) as clause 

21 (vii); and 

22 (C) by inserting after clause (v) the fol23 lowing: 


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1 ‘‘(vi) the alien is described in section 

2 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 

3 or’’. 

4 (g) TEMPORARY PROTECTED STATUS.—Section 244 

5 of such Act (8 U.S.C. 1254a) is amended— 

6 (1) by striking ‘‘Attorney General’’ each place 

7 it appears and inserting ‘‘Secretary of Homeland Se8 curity’’; 

9 (2) in subparagraph (c)(2)(B)— 

10 (A) in clause (i), by striking ‘‘or’’ at the 

11 end; 

12 (B) in clause (ii), by striking the period 

13 and inserting ‘‘; or’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(iii) the alien is, or at any time has 

16 been, described in section 212(a)(2)(J) or 

17 section 237(a)(2)(G).’’; and 

18 (3) in subsection (d)— 

19 (A) by striking paragraph (3); and 

20 (B) in paragraph (4), by adding at the end 

21 the following: ‘‘The Secretary of Homeland Se22 curity may detain an alien provided temporary 

23 protected status under this section whenever 

24 appropriate under any other provision of law.’’. 


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1 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

2 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

3 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

4 (1) in subclause (I), by striking ‘‘and’’; 

5 (2) in subclause (II), by adding ‘‘and’’ at the 

6 end; and 

7 (3) by adding at the end the following: 

8 ‘‘(III) no alien who is, or at any 

9 time has been, described in section 

10 212(a)(2)(J) or section 237(a)(2)(G) 

11 shall be eligible for any immigration 

12 benefit under this subparagraph;’’. 

13 (i) PAROLE.—An alien described in section 

14 212(a)(2)(J) of the Immigration and Nationality Act, as 

15 added by subsection (b), shall not be eligible for parole 

16 under section 212(d)(5)(A) of such Act unless— 

17 (1) the alien is assisting or has assisted the 

18 United States Government in a law enforcement 

19 matter, including a criminal investigation; and 

20 (2) the alien’s presence in the United States is 

21 required by the Government with respect to such as22 sistance. 

23 (j) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the date of the enactment 


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1 of this Act and shall apply to acts that occur before, on, 

2 or after the date of the enactment of this Act. 

3 SEC. 3304. INADMISSIBILITY AND DEPORTABILITY OF 

4 DRUNK DRIVERS. 

5 (a) IN GENERAL.—Section 101(a)(43) of the Immi6 gration and Nationality Act (8 U.S.C. 1101(a)(43)), is 

7 amended— 

8 (1) in subparagraph (T), by striking ‘‘and’’; 

9 (2) in subparagraph (U), by striking the period 

10 at the end and inserting ‘‘; and’’; and 

11 (3) by inserting after subparagraph (U) the fol12 lowing: 

13 ‘‘(V)(i) a single conviction for driving while 

14 intoxicated (including a conviction for driving 

15 while under the influence of or impairment by 

16 alcohol or drugs), when such impaired driving 

17 was a cause of the serious bodily injury or 

18 death of another person; or 

19 ‘‘(ii) a second or subsequent conviction for 

20 driving while intoxicated (including a conviction 

21 for driving under the influence of or impaired 

22 by alcohol or drugs).’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

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1 ment of this Act and apply to convictions entered on or 

2 after such date. 

3 SEC. 3305. DEFINITION OF AGGRAVATED FELONY. 

4 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

5 101(a)(43) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(43)), as amended by this title, is further 

7 amended— 

8 (1) by striking ‘‘The term ‘aggravated felony’ 

9 means—’’ and inserting ‘‘Notwithstanding any other 

10 provision of law, the term ‘aggravated felony’ applies 

11 to an offense described in this paragraph, whether in 

12 violation of Federal or State law, or in violation of 

13 the law of a foreign country for which the term of 

14 imprisonment was completed within the previous 15 

15 years, even if the length of the term of imprisonment 

16 for the offense is based on recidivist or other en17 hancements and regardless of whether the conviction 

18 was entered before, on, or after September 30, 1996, 

19 and means—’’; 

20 (2) in subparagraph (A), by striking ‘‘murder, 

21 rape, or sexual abuse of a minor;’’ and inserting ‘‘an 

22 offense relating to murder, manslaughter, homicide, 

23 rape (whether the victim was conscious or uncon24 scious), statutory rape, or any offense of a sexual 


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1 nature involving a victim under the age of 18 

2 years;’’; 

3 (3) in subparagraph (B)— 

4 (A) by inserting ‘‘an offense relating to’’ 

5 before ‘‘illicit trafficking’’; and 

6 (B) by inserting before the semicolon at 

7 the end the following: ‘‘and any offense under 

8 State law relating to a controlled substance (as 

9 so classified under State law) which is classified 

10 as a felony in that State, regardless of whether 

11 the substance is classified as a controlled sub12 stance under section 102 of the Controlled Sub13 stances Act (8 U.S.C. 802)’’; 

14 (4) in subparagraph (C), by inserting ‘‘an of15 fense relating to’’ before ‘‘illicit trafficking in fire16 arms’’; 

17 (5) in subparagraph (I), by striking ‘‘or 2252’’ 

18 and inserting ‘‘2252, or 2252A’’; 

19 (6) in subparagraph (F), by striking ‘‘for which 

20 the term of imprisonment is at least one year;’’ and 

21 inserting ‘‘, including offenses of assault and battery 

22 under State or Federal law, for which the term of 

23 imprisonment is at least one year, except that if the 

24 conviction records do not conclusively establish 

25 whether a crime constitutes a crime of violence, the 


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1 Attorney General or the Secretary of Homeland Se2 curity, as appropriate, may consider other evidence 

3 related to the conviction that establishes that the 

4 conduct for which the alien was engaged constitutes 

5 a crime of violence;’’; 

6 (7) by striking subparagraph (G) and inserting 

7 the following: 

8 ‘‘(G) an offense relating to a theft under State 

9 or Federal law (including theft by deceit, theft by 

10 fraud, and receipt of stolen property) regardless of 

11 whether any taking was temporary or permanent, or 

12 burglary offense under State or Federal law for 

13 which the term of imprisonment is at least one year, 

14 except that if the conviction records do not conclu15 sively establish whether a crime constitutes a theft 

16 or burglary offense, the Attorney General or Sec17 retary of Homeland Security, as appropriate, may 

18 consider other evidence related to the conviction that 

19 establishes that the conduct for which the alien was 

20 engaged constitutes a theft or burglary offense;’’; 

21 (8) in subparagraph (N)— 

22 (A) by striking ‘‘paragraph (1)(A) or (2) 

23 of’’; and 

24 (B) by inserting a semicolon at the end; 


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1 (9) in subparagraph (O), by striking ‘‘section 

2 275(a) or 276 committed by an alien who was pre3 viously deported on the basis of a conviction for an 

4 offense described in another subparagraph of this 

5 paragraph’’ and inserting ‘‘section 275 or 276 for 

6 which the term of imprisonment is at least 1 year’’; 

7 (10) in subparagraph (P)— 

8 (A) by striking ‘‘(i) which either is falsely 

9 making, forging, counterfeiting, mutilating, or 

10 altering a passport or instrument in violation of 

11 section 1543 of title 18, United States Code, or 

12 is described in section 1546(a) of such title (re13 lating to document fraud) and (ii)’’ and insert14 ing ‘‘which is described in any section of chap15 ter 75 of title 18, United States Code, and’’; 

16 and 

17 (B) by striking ‘‘, except in the case of a 

18 first offense for which the alien has affirma19 tively shown that the alien committed the of20 fense for the purpose of assisting, abetting, or 

21 aiding only the alien’s spouse, child, or parent 

22 (and no other individual) to violate a provision 

23 of this Act’’; 

24 (11) in subparagraph (U), by striking ‘‘an at25 tempt or conspiracy to commit an offense described 


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1 in this paragraph’’ and inserting ‘‘attempting or 

2 conspiring to commit an offense described in this 

3 paragraph, or aiding, abetting, counseling, pro4 curing, commanding, inducing, or soliciting the com5 mission of such an offense’’; and 

6 (12) by striking the undesignated matter fol7 lowing subparagraph (U). 

8 (b) EFFECTIVE DATE; APPLICATION OF AMEND9 MENTS.— 

10 (1) IN GENERAL.—The amendments made by 

11 subsection (a)— 

12 (A) shall take effect on the date of the en13 actment of this Act; and 

14 (B) shall apply to any act or conviction 

15 that occurred before, on, or after such date. 

16 (2) APPLICATION OF IIRIRA AMENDMENTS.— 

17 The amendments to section 101(a)(43) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(a)(43)) 

19 made by section 321 of the Illegal Immigration Re20 form and Immigrant Responsibility Act of 1996 (di21 vision C of Public Law 104–208; 110 Stat. 3009– 

22 627) shall continue to apply, whether the conviction 

23 was entered before, on, or after September 30, 1996. 


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1 SEC. 3306. PRECLUDING WITHHOLDING OF REMOVAL FOR 

2 AGGRAVATED FELONS. 

3 (a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C. 

4 1231(b)(3)(B)), is amended by inserting after clause (v) 

5 the following: 

6 ‘‘(vi) the alien is convicted of an ag7 gravated felony.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall apply— 

10 (1) to any act that occurred before, on, or after 

11 the date of the enactment of this Act; and 

12 (2) to all aliens who are required to establish 

13 admissibility on or after such date, and in all re14 moval, deportation, or exclusion proceedings that are 

15 filed, pending, or reopened on or after such date. 

16 SEC. 3307. PROTECTING IMMIGRANTS FROM CONVICTED 

17 SEX OFFENDERS. 

18 (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra19 tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend20 ed— 

21 (1) in subparagraph (A), by amending clause 

22 (viii) to read as follows: 

23 ‘‘(viii) Clause (i) shall not apply to a citizen of the 

24 United States who has been convicted of an offense de25 scribed in subparagraph (A), (I), or (K) of section 

26 101(a)(43), unless the Secretary of Homeland Security, 


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1 in the Secretary’s sole and unreviewable discretion, deter2 mines that the citizen poses no risk to the alien with re3 spect to whom a petition described in clause (i) is filed.’’; 

4 and 

5 (2) in subparagraph (B)(i)— 

6 (A) by redesignating the second subclause 

7 (I) as subclause (II); and 

8 (B) by amending such subclause (II) to 

9 read as follows: 

10 ‘‘(II) Subclause (I) shall not apply in the case of an 

11 alien admitted for permanent residence who has been con12 victed of an offense described in subparagraph (A), (I), 

13 or (K) of section 101(a)(43), unless the Secretary of 

14 Homeland Security, in the Secretary’s sole and 

15 unreviewable discretion, determines that the alien lawfully 

16 admitted for permanent residence poses no risk to the 

17 alien with respect to whom a petition described in sub18 clause (I) is filed.’’. 

19 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 

20 such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik21 ing ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears 

22 and inserting ‘‘204(a)(1)(A)(viii))’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the date of the enactment 


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1 of this Act and shall apply to petitions filed on or after 

2 such date. 

3 SEC. 3308. CLARIFICATION TO CRIMES OF VIOLENCE AND 

4 CRIMES INVOLVING MORAL TURPITUDE. 

5 (a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1182(a)(2)(A)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(iii) CLARIFICATION.—If the convic10 tion records do not conclusively establish 

11 whether a crime constitutes a crime involv12 ing moral turpitude, the Attorney General 

13 or the Secretary of Homeland Security, as 

14 appropriate, may consider other evidence 

15 related to the conviction that establishes 

16 that the conduct for which the alien was 

17 engaged constitutes a crime involving 

18 moral turpitude.’’. 

19 (b) DEPORTABLE ALIENS.— 

20 (1) GENERAL CRIMES.—Section 237(a)(2)(A) 

21 of such Act (8 U.S.C. 1227(a)(2)(A)), as amended 

22 by this title, is further amended by inserting after 

23 clause (iv) the following: 

24 ‘‘(v) CRIMES INVOLVING MORAL TUR25 PITUDE.—If the conviction records do not 


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1 conclusively establish whether a crime con2 stitutes a crime involving moral turpitude, 

3 the Attorney General or the Secretary of 

4 Homeland Security, as appropriate, may 

5 consider other evidence related to the con6 viction that establishes that the conduct 

7 for which the alien was engaged constitutes 

8 a crime involving moral turpitude.’’. 

9 (2) DOMESTIC VIOLENCE.—Section 

10 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) 

11 is amended by adding at the end the following: 

12 ‘‘(iii) CRIMES OF VIOLENCE.—If the 

13 conviction records do not conclusively es14 tablish whether a crime of domestic vio15 lence constitutes a crime of violence (as de16 fined in section 16 of title 18, United 

17 States Code), the Attorney General or the 

18 Secretary of Homeland Security, as appro19 priate, may consider other evidence related 

20 to the conviction that establishes that the 

21 conduct for which the alien was engaged 

22 constitutes a crime of violence.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on the date of the enactment 


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1 of this Act and shall apply to acts that occur before, on, 

2 or after the date of the enactment of this Act. 

3 SEC. 3309. DETENTION OF DANGEROUS ALIENS. 

4 Section 241(a) of the Immigration and Nationality 

5 Act (8 U.S.C. 1231(a)) is amended— 

6 (1) by striking ‘‘Attorney General’’ each place 

7 it appears, except for the first reference in para8 graph (4)(B)(i), and inserting ‘‘Secretary of Home9 land Security’’; 

10 (2) in paragraph (1), by amending subpara11 graph (B) to read as follows: 

12 ‘‘(B) BEGINNING OF PERIOD.—The re13 moval period begins on the latest of the fol14 lowing: 

15 ‘‘(i) The date the order of removal be16 comes administratively final. 

17 ‘‘(ii) If the alien is not in the custody 

18 of the Secretary on the date the order of 

19 removal becomes administratively final, the 

20 date the alien is taken into such custody. 

21 ‘‘(iii) If the alien is detained or con22 fined (except under an immigration proc23 ess) on the date the order of removal be24 comes administratively final, the date the 

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1 retary, after the alien is released from such 

2 detention or confinement.’’; 

3 (3) in paragraph (1), by amending subpara4 graph (C) to read as follows: 

5 ‘‘(C) SUSPENSION OF PERIOD.— 

6 ‘‘(i) EXTENSION.—The removal period 

7 shall be extended beyond a period of 90 

8 days and the Secretary may, in the Sec9 retary’s sole discretion, keep the alien in 

10 detention during such extended period if— 

11 ‘‘(I) the alien fails or refuses to 

12 make all reasonable efforts to comply 

13 with the removal order, or to fully co14 operate with the Secretary’s efforts to 

15 establish the alien’s identity and carry 

16 out the removal order, including mak17 ing timely application in good faith 

18 for travel or other documents nec19 essary to the alien’s departure or con20 spires or acts to prevent the alien’s 

21 removal that is subject to an order of 

22 removal; 

23 ‘‘(II) a court, the Board of Immi24 gration Appeals, or an immigration 

25 judge orders a stay of removal of an 


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1 alien who is subject to an administra2 tively final order of removal; 

3 ‘‘(III) the Secretary transfers 

4 custody of the alien pursuant to law 

5 to another Federal agency or a State 

6 or local government agency in connec7 tion with the official duties of such 

8 agency; or 

9 ‘‘(IV) a court or the Board of 

10 Immigration Appeals orders a remand 

11 to an immigration judge or the Board 

12 of Immigration Appeals, during the 

13 time period when the case is pending 

14 a decision on remand (with the re15 moval period beginning anew on the 

16 date that the alien is ordered removed 

17 on remand). 

18 ‘‘(ii) RENEWAL.—If the removal pe19 riod has been extended under subpara20 graph (C)(i), a new removal period shall be 

21 deemed to have begun on the date— 

22 ‘‘(I) the alien makes all reason23 able efforts to comply with the re24 moval order, or to fully cooperate with 

25 the Secretary’s efforts to establish the 


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1 alien’s identity and carry out the re2 moval order; 

3 ‘‘(II) the stay of removal is no 

4 longer in effect; or 

5 ‘‘(III) the alien is returned to the 

6 custody of the Secretary. 

7 ‘‘(iii) MANDATORY DETENTION FOR

8 CERTAIN ALIENS.—In the case of an alien 

9 described in subparagraphs (A) through 

10 (D) of section 236(c)(1), the Secretary 

11 shall keep that alien in detention during 

12 the extended period described in clause (i). 

13 ‘‘(iv) SOLE FORM OF RELIEF.—An 

14 alien may seek relief from detention under 

15 this subparagraph only by filing an appli16 cation for a writ of habeas corpus in ac17 cordance with chapter 153 of title 28, 

18 United States Code. No alien whose period 

19 of detention is extended under this sub20 paragraph shall have the right to seek re21 lease on bond.’’; 

22 (4) in paragraph (3)— 

23 (A) by adding after ‘‘If the alien does not 

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1 riod’’ the following: ‘‘or is not detained pursu2 ant to paragraph (6) of this subsection’’; and 

3 (B) by striking subparagraph (D) and in4 serting the following: 

5 ‘‘(D) to obey reasonable restrictions on the 

6 alien’s conduct or activities that the Secretary 

7 prescribes for the alien, in order to prevent the 

8 alien from absconding, for the protection of the 

9 community, or for other purposes related to the 

10 enforcement of the immigration laws.’’; 

11 (5) in paragraph (4)(A), by striking ‘‘paragraph 

12 (2)’’ and inserting ‘‘subparagraph (B)’’; and 

13 (6) by striking paragraph (6) and inserting the 

14 following: 

15 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

16 RELEASE OF CERTAIN ALIENS.— 

17 ‘‘(A) DETENTION REVIEW PROCESS FOR

18 COOPERATIVE ALIENS ESTABLISHED.—For an 

19 alien who is not otherwise subject to mandatory 

20 detention, who has made all reasonable efforts 

21 to comply with a removal order and to cooper22 ate fully with the Secretary of Homeland Secu23 rity’s efforts to establish the alien’s identity and 

24 carry out the removal order, including making 

25 timely application in good faith for travel or 


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1 other documents necessary to the alien’s depar2 ture, and who has not conspired or acted to 

3 prevent removal, the Secretary shall establish 

4 an administrative review process to determine 

5 whether the alien should be detained or released 

6 on conditions. The Secretary shall make a de7 termination whether to release an alien after 

8 the removal period in accordance with subpara9 graph (B). The determination shall include con10 sideration of any evidence submitted by the 

11 alien, and may include consideration of any 

12 other evidence, including any information or as13 sistance provided by the Secretary of State or 

14 other Federal official and any other information 

15 available to the Secretary of Homeland Security 

16 pertaining to the ability to remove the alien. 

17 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE18 MOVAL PERIOD.— 

19 ‘‘(i) IN GENERAL.—The Secretary of 

20 Homeland Security, in the exercise of the 

21 Secretary’s sole discretion, may continue to 

22 detain an alien for 90 days beyond the re23 moval period (including any extension of 

24 the removal period as provided in para25 graph (1)(C)). An alien whose detention is 


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1 extended under this subparagraph shall 

2 have no right to seek release on bond. 

3 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

4 Secretary of Homeland Security, in the ex5 ercise of the Secretary’s sole discretion, 

6 may continue to detain an alien beyond the 

7 90 days authorized in clause (i)— 

8 ‘‘(I) until the alien is removed, if 

9 the Secretary, in the Secretary’s sole 

10 discretion, determines that there is a 

11 significant likelihood that the alien— 

12 ‘‘(aa) will be removed in the 

13 reasonably foreseeable future; or 

14 ‘‘(bb) would be removed in 

15 the reasonably foreseeable future, 

16 or would have been removed, but 

17 for the alien’s failure or refusal 

18 to make all reasonable efforts to 

19 comply with the removal order, 

20 or to cooperate fully with the 

21 Secretary’s efforts to establish 

22 the alien’s identity and carry out 

23 the removal order, including 

24 making timely application in 

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1 uments necessary to the alien’s 

2 departure, or conspires or acts to 

3 prevent removal; 

4 ‘‘(II) until the alien is removed, 

5 if the Secretary of Homeland Security 

6 certifies in writing— 

7 ‘‘(aa) in consultation with 

8 the Secretary of Health and 

9 Human Services, that the alien 

10 has a highly contagious disease 

11 that poses a threat to public safe12 ty; 

13 ‘‘(bb) after receipt of a writ14 ten recommendation from the 

15 Secretary of State, that release 

16 of the alien is likely to have seri17 ous adverse foreign policy con18 sequences for the United States; 

19 ‘‘(cc) based on information 

20 available to the Secretary of 

21 Homeland Security (including 

22 classified, sensitive, or national 

23 security information, and without 

24 regard to the grounds upon 

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1 moved), that there is reason to 

2 believe that the release of the 

3 alien would threaten the national 

4 security of the United States; or 

5 ‘‘(dd) that the release of the 

6 alien will threaten the safety of 

7 the community or any person, 

8 conditions of release cannot rea9 sonably be expected to ensure the 

10 safety of the community or any 

11 person, and either (AA) the alien 

12 has been convicted of one or 

13 more aggravated felonies (as de14 fined in section 101(a)(43)(A)) 

15 or of one or more crimes identi16 fied by the Secretary of Home17 land Security by regulation, or of 

18 one or more attempts or conspir19 acies to commit any such aggra20 vated felonies or such identified 

21 crimes, if the aggregate term of 

22 imprisonment for such attempts 

23 or conspiracies is at least 5 

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1 lence (as defined in section 16 of 

2 title 18, United States Code, but 

3 not including a purely political 

4 offense) and, because of a mental 

5 condition or personality disorder 

6 and behavior associated with that 

7 condition or disorder, the alien is 

8 likely to engage in acts of vio9 lence in the future; or 

10 ‘‘(III) pending a certification 

11 under subclause (II), so long as the 

12 Secretary of Homeland Security has 

13 initiated the administrative review 

14 process not later than 30 days after 

15 the expiration of the removal period 

16 (including any extension of the re17 moval period, as provided in para18 graph (1)(C)). 

19 ‘‘(iii) NO RIGHT TO BOND HEARING.— 

20 An alien whose detention is extended under 

21 this subparagraph shall have no right to 

22 seek release on bond, including by reason 

23 of a certification under clause (ii)(II). 

24 ‘‘(C) RENEWAL AND DELEGATION OF CER25 TIFICATION.— 


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1 ‘‘(i) RENEWAL.—The Secretary of 

2 Homeland Security may renew a certifi3 cation under subparagraph (B)(ii)(II) 

4 every 6 months, after providing an oppor5 tunity for the alien to request reconsider6 ation of the certification and to submit 

7 documents or other evidence in support of 

8 that request. If the Secretary does not 

9 renew a certification, the Secretary may 

10 not continue to detain the alien under sub11 paragraph (B)(ii)(II). 

12 ‘‘(ii) DELEGATION.—Notwithstanding 

13 section 103, the Secretary of Homeland 

14 Security may not delegate the authority to 

15 make or renew a certification described in 

16 item (bb), (cc), or (dd) of subparagraph 

17 (B)(ii)(II) below the level of the Director 

18 of Immigration and Customs Enforcement. 

19 ‘‘(iii) HEARING.—The Secretary of 

20 Homeland Security may request that the 

21 Attorney General or the Attorney General’s 

22 designee provide for a hearing to make the 

23 determination described in item (dd)(BB) 

24 of subparagraph (B)(ii)(II). 


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1 ‘‘(D) RELEASE ON CONDITIONS.—If it is 

2 determined that an alien should be released 

3 from detention by a Federal court, the Board of 

4 Immigration Appeals, or if an immigration 

5 judge orders a stay of removal, the Secretary of 

6 Homeland Security, in the exercise of the Sec7 retary’s discretion, may impose conditions on 

8 release as provided in paragraph (3). 

9 ‘‘(E) REDETENTION.—The Secretary of 

10 Homeland Security, in the exercise of the Sec11 retary’s discretion, without any limitations 

12 other than those specified in this section, may 

13 again detain any alien subject to a final re14 moval order who is released from custody, if re15 moval becomes likely in the reasonably foresee16 able future, the alien fails to comply with the 

17 conditions of release, or to continue to satisfy 

18 the conditions described in subparagraph (A), 

19 or if, upon reconsideration, the Secretary, in 

20 the Secretary’s sole discretion, determines that 

21 the alien can be detained under subparagraph 

22 (B). This section shall apply to any alien re23 turned to custody pursuant to this subpara24 graph, as if the removal period terminated on 

25 the day of the redetention. 


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1 ‘‘(F) REVIEW OF DETERMINATIONS BY

2 SECRETARY.—A determination by the Secretary 

3 under this paragraph shall not be subject to re4 view by any other agency.’’. 

5 SEC. 3310. TIMELY REPATRIATION. 

6 (a) LISTING OF COUNTRIES.—Beginning on the date 

7 that is 6 months after the date of the enactment of this 

8 Act, and every 6 months thereafter, the Secretary of 

9 Homeland Security shall publish a report including the 

10 following: 

11 (1) A list of the following: 

12 (A) Countries that have refused or unrea13 sonably delayed repatriation of an alien who is 

14 a national of that country since the date of the 

15 enactment of this Act and the total number of 

16 such aliens, disaggregated by nationality. 

17 (B) Countries that have an excessive repa18 triation failure rate. 

19 (2) A list of each country that was included 

20 under subparagraph (B) or (C) of paragraph (1) in 

21 both the report preceding the current report and the 

22 current report. 

23 (b) SANCTIONS.—Beginning on the date on which a 

24 country is included in a list under subsection (a)(2) and 


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1 ending on the date on which that country is not included 

2 in such list, that country shall be subject to the following: 

3 (1) The Secretary of State may not issue visas 

4 under section 101(a)(15)(A)(iii) of the Immigration 

5 and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) 

6 to attendants, servants, personal employees, and 

7 members of their immediate families, of the officials 

8 and employees of that country who receive non9 immigrant status under clause (i) or (ii) of section 

10 101(a)(15)(A) of such Act. 

11 (2) Each 6 months thereafter that the country 

12 is included in that list, the Secretary of State shall 

13 reduce the number of visas available under clause (i) 

14 or (ii) of section 101(a)(15)(A) of the Immigration 

15 and Nationality Act in a fiscal year to nationals of 

16 that country by an amount equal to 10 percent of 

17 the baseline visa number for that country. Except as 

18 provided under section 243(d) of the Immigration 

19 and Nationality Act (8 U.S.C. 1253), the Secretary 

20 may not reduce the number to a level below 20 per21 cent of the baseline visa number. 

22 (c) WAIVERS.— 

23 (1) NATIONAL SECURITY WAIVER.—If the Sec24 retary of State submits to Congress a written deter25 mination that significant national security interests 


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1 of the United States require a waiver of the sanc2 tions under subsection (b), the Secretary may waive 

3 any reduction below 80 percent of the baseline visa 

4 number. The Secretary of Homeland Security may 

5 not delegate the authority under this subsection. 

6 (2) TEMPORARY EXIGENT CIRCUMSTANCES.—If 

7 the Secretary of State submits to Congress a written 

8 determination that temporary exigent circumstances 

9 require a waiver of the sanctions under subsection 

10 (b), the Secretary may waive any reduction below 80 

11 percent of the baseline visa number during 6-month 

12 renewable periods. The Secretary of Homeland Secu13 rity may not delegate the authority under this sub14 section. 

15 (d) EXEMPTION.—The Secretary of Homeland Secu16 rity, in consultation with the Secretary of State, may ex17 empt a country from inclusion in a list under subsection 

18 (a)(2) if the total number of nonrepatriations outstanding 

19 is less than 10 for the preceding 3-year period. 

20 (e) UNAUTHORIZED VISA ISSUANCE.—Any visa 

21 issued in violation of this section shall be void. 

22 (f) NOTICE.—If an alien who has been convicted of 

23 a criminal offense before a Federal or State court whose 

24 repatriation was refused or unreasonably delayed is to be 

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1 curity, the Secretary shall provide notice to the State and 

2 local law enforcement agency for the jurisdictions in which 

3 the alien is required to report or is to be released. When 

4 possible, and particularly in the case of violent crime, the 

5 Secretary shall make a reasonable effort to provide notice 

6 of such release to any crime victims and their immediate 

7 family members. 

8 (g) DEFINITIONS.—For purposes of this section: 

9 (1) REFUSED OR UNREASONABLY DELAYED.— 

10 A country is deemed to have refused or unreasonably 

11 delayed the acceptance of an alien who is a citizen, 

12 subject, national, or resident of that country if, not 

13 later than 90 days after receiving a request to repa14 triate such alien from an official of the United 

15 States who is authorized to make such a request, the 

16 country does not accept the alien or issue valid trav17 el documents. 

18 (2) FAILURE RATE.—The term ‘‘failure rate’’ 

19 for a period means the percentage determined by di20 viding the total number of repatriation requests for 

21 aliens who are citizens, subjects, nationals, or resi22 dents of a country that that country refused or un23 reasonably delayed during that period by the total 

24 number of such requests during that period. 


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1 (3) EXCESSIVE REPATRIATION FAILURE

2 RATE.—The term ‘‘excessive repatriation failure 

3 rate’’ means, with respect to a report under sub4 section (a), a failure rate greater than 10 percent 

5 for any of the following: 

6 (A) The period of the 3 full fiscal years 

7 preceding the date of publication of the report. 

8 (B) The period of 1 year preceding the 

9 date of publication of the report. 

10 (4) NUMBER OF NONREPATRIATIONS OUT11 STANDING.—The term ‘‘number of nonrepatriations 

12 outstanding’’ means, for a period, the number of 

13 unique aliens whose repatriation a country has re14 fused or unreasonably delayed and whose repatri15 ation has not occurred during that period. 

16 (5) BASELINE VISA NUMBER.—The term ‘‘base17 line visa number’’ means, with respect to a country, 

18 the average number of visas issued each fiscal year 

19 to nationals of that country under clauses (i) and 

20 (ii) of section 101(a)(15)(A) of the Immigration and 

21 Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 

22 full fiscal years immediately preceding the first re23 port under subsection (a) in which that country is 

24 included in the list under subsection (a)(2). 


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1 (h) GAO REPORT.—On the date that is 1 day after 

2 the date that the President submits a budget under sec3 tion 1105(a) of title 31, United States Code, for fiscal year 

4 2016, the Comptroller General of the United States shall 

5 submit a report to Congress regarding the progress of the 

6 Secretary of Homeland Security and the Secretary of 

7 State in implementation of this section and in making re8 quests to repatriate aliens as appropriate. 

9 SEC. 3311. ILLEGAL REENTRY. 

10 Section 276 of the Immigration and Nationality Act 

11 (8 U.S.C. 1326) is amended to read as follows: 

12 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

13 ‘‘(a) REENTRY AFTER REMOVAL.— 

14 ‘‘(1) IN GENERAL.—Any alien who has been de15 nied admission, excluded, deported, or removed, or 

16 who has departed the United States while an order 

17 of exclusion, deportation, or removal is outstanding, 

18 and subsequently enters, attempts to enter, crosses 

19 the border to, attempts to cross the border to, or is 

20 at any time found in the United States, shall be 

21 fined under title 18, United States Code, imprisoned 

22 not more than 2 years, or both. 

23 ‘‘(2) EXCEPTION.—If an alien sought and re24 ceived the express consent of the Secretary to re25 apply for admission into the United States, or, with 


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1 respect to an alien previously denied admission and 

2 removed, the alien was not required to obtain such 

3 advance consent under the Immigration and Nation4 ality Act or any prior Act, the alien shall not be sub5 ject to the fine and imprisonment provided for in 

6 paragraph (1). 

7 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not8 withstanding the penalty provided in subsection (a), if an 

9 alien described in that subsection was convicted before 

10 such removal or departure— 

11 ‘‘(1) for 3 or more misdemeanors or for a fel12 ony, the alien shall be fined under title 18, United 

13 States Code, imprisoned not more than 10 years, or 

14 both; 

15 ‘‘(2) for a felony for which the alien was sen16 tenced to a term of imprisonment of not less than 

17 30 months, the alien shall be fined under such title, 

18 imprisoned not more than 15 years, or both; 

19 ‘‘(3) for a felony for which the alien was sen20 tenced to a term of imprisonment of not less than 

21 60 months, the alien shall be fined under such title, 

22 imprisoned not more than 20 years, or both; or 

23 ‘‘(4) for murder, rape, kidnapping, or a felony 

24 offense described in chapter 77 (relating to peonage 

25 and slavery) or 113B (relating to terrorism) of such 


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1 title, or for 3 or more felonies of any kind, the alien 

2 shall be fined under such title, imprisoned not more 

3 than 25 years, or both. 

4 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

5 alien who has been denied admission, excluded, deported, 

6 or removed 3 or more times and thereafter enters, at7 tempts to enter, crosses the border to, attempts to cross 

8 the border to, or is at any time found in the United States, 

9 shall be fined under title 18, United States Code, impris10 oned not more than 10 years, or both. 

11 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

12 convictions described in subsection (b) are elements of the 

13 crimes described, and the penalties in that subsection shall 

14 apply only in cases in which the conviction or convictions 

15 that form the basis for the additional penalty are— 

16 ‘‘(1) alleged in the indictment or information; 

17 and 

18 ‘‘(2) proven beyond a reasonable doubt at trial 

19 or admitted by the defendant. 

20 ‘‘(e) REENTRY OF ALIEN REMOVED PRIOR TO COM21 PLETION OF TERM OF IMPRISONMENT.—Any alien re22 moved pursuant to section 241(a)(4) who enters, attempts 

23 to enter, crosses the border to, attempts to cross the bor24 der to, or is at any time found in, the United States shall 

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1 prisonment which was pending at the time of deportation 

2 without any reduction for parole or supervised release un3 less the alien affirmatively demonstrates that the Sec4 retary of Homeland Security has expressly consented to 

5 the alien’s reentry. Such alien shall be subject to such 

6 other penalties relating to the reentry of removed aliens 

7 as may be available under this section or any other provi8 sion of law. 

9 ‘‘(f) DEFINITIONS.—For purposes of this section and 

10 section 275, the following definitions shall apply: 

11 ‘‘(1) CROSSES THE BORDER TO THE UNITED

12 STATES.—The term ‘crosses the border’ refers to the 

13 physical act of crossing the border free from official 

14 restraint. 

15 ‘‘(2) OFFICIAL RESTRAINT.—The term ‘official 

16 restraint’ means any restraint known to the alien 

17 that serves to deprive the alien of liberty and pre18 vents the alien from going at large into the United 

19 States. Surveillance unbeknownst to the alien shall 

20 not constitute official restraint. 

21 ‘‘(3) FELONY.—The term ‘felony’ means any 

22 criminal offense punishable by a term of imprison23 ment of more than 1 year under the laws of the 

24 United States, any State, or a foreign government. 


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1 ‘‘(4) MISDEMEANOR.—The term ‘misdemeanor’ 

2 means any criminal offense punishable by a term of 

3 imprisonment of not more than 1 year under the ap4 plicable laws of the United States, any State, or a 

5 foreign government. 

6 ‘‘(5) REMOVAL.—The term ‘removal’ includes 

7 any denial of admission, exclusion, deportation, or 

8 removal, or any agreement by which an alien stipu9 lates or agrees to exclusion, deportation, or removal. 

10 ‘‘(6) STATE.—The term ‘State’ means a State 

11 of the United States, the District of Columbia, and 

12 any commonwealth, territory, or possession of the 

13 United States.’’. 

14 TITLE IV—ASYLUM REFORM 

15 SEC. 4401. CLARIFICATION OF INTENT REGARDING TAX16 PAYER-PROVIDED COUNSEL. 

17 Section 292 of the Immigration and Nationality Act 

18 (8 U.S.C. 1362) is amended— 

19 (1) by striking ‘‘In any removal proceedings be20 fore an immigration judge and in any appeal pro21 ceedings before the Attorney General from any such 

22 removal proceedings’’ and inserting ‘‘In any removal 

23 proceedings before an immigration judge, or any 

24 other immigration proceedings before the Attorney 


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1 General, the Secretary of Homeland Security, or any 

2 appeal of such a proceeding’’. 

3 (2) by striking ‘‘(at no expense to the Govern4 ment)’’; and 

5 (3) by adding at the end the following ‘‘Not6 withstanding any other provision of law, in no in7 stance shall the Government bear any expense for 

8 counsel for any person in proceedings described in 

9 this section.’’. 

10 SEC. 4402. CREDIBLE FEAR INTERVIEWS. 

11 Section 235(b)(1)(B)(v) of the Immigration and Na12 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

13 striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 

14 as determined pursuant to section 208(b)(1)(B)(iii), and 

15 such other facts as are known to the officer, that the alien 

16 could establish eligibility for asylum under section 1158 

17 of this title, and it is more probable than not that the 

18 statements made by, and on behalf of, the alien in support 

19 of the alien’s claim are true.’’. 

20 SEC. 4403. RECORDING EXPEDITED REMOVAL AND CRED21 IBLE FEAR INTERVIEWS. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall establish quality assurance procedures and take 

24 steps to effectively ensure that questions by employees of 

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1 dited removal authority under section 235(b) of the Immi2 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

3 in a uniform manner, to the extent possible, and that both 

4 these questions and the answers provided in response to 

5 them are recorded in a uniform fashion. 

6 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

7 Where practicable, any sworn or signed written statement 

8 taken of an alien as part of the record of a proceeding 

9 under section 235(b)(1)(A) of the Immigration and Na10 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom11 panied by a recording of the interview which served as the 

12 basis for that sworn statement. 

13 (c) INTERPRETERS.—The Secretary shall ensure that 

14 a competent interpreter, not affiliated with the govern15 ment of the country from which the alien may claim asy16 lum, is used when the interviewing officer does not speak 

17 a language understood by the alien. 

18 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

19 There shall be an audio or audio visual recording of inter20 views of aliens subject to expedited removal. The recording 

21 shall be included in the record of proceeding and shall be 

22 considered as evidence in any further proceedings involv23 ing the alien. 

24 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

25 section shall be construed to create any right, benefit, 


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1 trust, or responsibility, whether substantive or procedural, 

2 enforceable in law or equity by a party against the United 

3 States, its departments, agencies, instrumentalities, enti4 ties, officers, employees, or agents, or any person, nor does 

5 this section create any right of review in any administra6 tive, judicial, or other proceeding. 

7 SEC. 4404. SAFE THIRD COUNTRY. 

8 Section 208(a)(2)(A) of the Immigration and Nation9 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

10 (1) by striking ‘‘Attorney General’’ each place 

11 it appears and inserting ‘‘Secretary of Homeland Se12 curity’’; and 

13 (2) by striking ‘‘removed, pursuant to a bilat14 eral or multilateral agreement, to’’ and inserting 

15 ‘‘removed to’’. 

16 SEC. 4405. RENUNCIATION OF ASYLUM STATUS PURSUANT 

17 TO RETURN TO HOME COUNTRY. 

18 (a) IN GENERAL.—Section 208(c) of the Immigration 

19 and Nationality Act (8 U.S.C. 1158(c)) is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(4) RENUNCIATION OF STATUS PURSUANT TO

22 RETURN TO HOME COUNTRY.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraphs (B) and (C), any alien who is 

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1 sent changed country conditions, subsequently 

2 returns to the country of such alien’s nation3 ality or, in the case of an alien having no na4 tionality, returns to any country in which such 

5 alien last habitually resided, and who applied 

6 for such status because of persecution or a well7 founded fear of persecution in that country on 

8 account of race, religion, nationality, member9 ship in a particular social group, or political 

10 opinion, shall have his or her status terminated. 

11 ‘‘(B) WAIVER.—The Secretary has discre12 tion to waive subparagraph (A) if it is estab13 lished to the satisfaction of the Secretary that 

14 the alien had a compelling reason for the re15 turn. The waiver may be sought prior to depar16 ture from the United States or upon return. 

17 ‘‘(C) EXCEPTION FOR CERTAIN ALIENS

18 FROM CUBA.—Subparagraph (A) shall not 

19 apply to an alien who is eligible for adjustment 

20 to that of an alien lawfully admitted for perma21 nent residence pursuant to the Cuban Adjust22 ment Act of 1966 (Public Law 89–732).’’. 

23 (b) CONFORMING AMENDMENT.—Section 208(c)(3) 

24 of the Immigration and Nationality Act (8 U.S.C. 


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1 1158(c)(3)) is amended by inserting after ‘‘paragraph 

2 (2)’’ the following: ‘‘or (4)’’. 

3 SEC. 4406. NOTICE CONCERNING FRIVOLOUS ASYLUM AP4 PLICATIONS. 

5 (a) IN GENERAL.—Section 208(d)(4) of the Immi6 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

7 amended— 

8 (1) in the matter preceding subparagraph (A), 

9 by inserting ‘‘the Secretary of Homeland Security 

10 or’’ before ‘‘the Attorney General’’; 

11 (2) in subparagraph (A), by striking ‘‘and of 

12 the consequences, under paragraph (6), of knowingly 

13 filing a frivolous application for asylum; and’’ and 

14 inserting a semicolon; 

15 (3) in subparagraph (B), by striking the period 

16 and inserting ‘‘; and’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(C) ensure that a written warning ap19 pears on the asylum application advising the 

20 alien of the consequences of filing a frivolous 

21 application and serving as notice to the alien of 

22 the consequence of filing a frivolous applica23 tion.’’. 

24 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 

25 of the Immigration and Nationality Act (8 U.S.C. 


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1 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 

2 follows and inserting: 

3 ‘‘(A) If the Secretary of Homeland Secu4 rity or the Attorney General determines that an 

5 alien has knowingly made a frivolous applica6 tion for asylum and the alien has received the 

7 notice under paragraph (4)(C), the alien shall 

8 be permanently ineligible for any benefits under 

9 this chapter, effective as the date of the final 

10 determination of such an application; 

11 ‘‘(B) An application is frivolous if the Sec12 retary of Homeland Security or the Attorney 

13 General determines, consistent with subpara14 graph (C), that— 

15 ‘‘(i) it is so insufficient in substance 

16 that it is clear that the applicant know17 ingly filed the application solely or in part 

18 to delay removal from the United States, 

19 to seek employment authorization as an 

20 applicant for asylum pursuant to regula21 tions issued pursuant to paragraph (2), or 

22 to seek issuance of a Notice to Appeal in 

23 order to pursue Cancellation of Removal 

24 under section 240A(b); or 


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1 ‘‘(ii) any of its material elements are 

2 deliberately fabricated. 

3 ‘‘(C) In determining that an application is 

4 frivolous, the Secretary or the Attorney Gen5 eral, must be satisfied that the applicant, dur6 ing the course of the proceedings, has had suffi7 cient opportunity to clarify any discrepancies or 

8 implausible aspects of the claim. 

9 ‘‘(D) For purposes of this section, a find10 ing that an alien filed a frivolous asylum appli11 cation shall not preclude the alien from seeking 

12 withholding of removal under section 

13 241(b)(3).) or protection pursuant to the Con14 vention Against Torture.’’. 

15 SEC. 4407. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 

16 (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec17 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 

18 Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 

19 after ‘‘all relevant factors’’ the following: ‘‘, including 

20 statements made to, and investigative reports prepared by, 

21 immigration authorities and other government officials’’. 

22 (b) RELIEF FOR REMOVAL CREDIBILITY DETER23 MINATIONS.—Section 240(c)(4)(C) of the Immigration 

24 and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 

25 by inserting after ‘‘all relevant factors’’ the following: ‘‘, 


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1 including statements made to, and investigative reports 

2 prepared by, immigration authorities and other govern3 ment officials’’. 

4 SEC. 4408. PENALTIES FOR ASYLUM FRAUD. 

5 Section 1001 of title 18 is amended by inserting at 

6 the end of the paragraph— 

7 ‘‘(d) Whoever, in any matter before the Secretary of 

8 Homeland Security or the Attorney General pertaining to 

9 asylum under section 208 of the Immigration and Nation10 ality Act or withholding of removal under section 

11 241(b)(3) of such Act, knowingly and willfully— 

12 ‘‘(1) makes any materially false, fictitious, or 

13 fraudulent statement or representation; or 

14 ‘‘(2) makes or uses any false writings or docu15 ment knowing the same to contain any materially 

16 false, fictitious, or fraudulent statement or entry; 

17 shall be fined under this title or imprisoned not more than 

18 10 years, or both.’’. 

19 SEC. 4409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 

20 Section 3291 of title 18 is amended— 

21 (1) by striking ‘‘1544,’’ and inserting ‘‘1544 

22 and 1546,’’; 

23 (2) by striking ‘‘offense.’’ and inserting ‘‘of24 fense or within 10 years after the fraud is discov25 ered.’’. 


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1 SEC. 4410. TECHNICAL AMENDMENTS. 

2 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 ‘‘Sec9 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 Gen13 eral’’ each place such term appears; 

14 (3) in subsection (c)— 

15 (A) in paragraph (1), by striking ‘‘Attor16 ney General’’ each place such term appears and 

17 inserting ‘‘Secretary of Homeland Security’’; 

18 and 

19 (B) in paragraph (3), by inserting ‘‘Sec20 retary of Homeland Security or the’’ before 

21 ‘‘Attorney General’’; and 

22 (4) in subsection (d)— 

23 (A) in paragraph (1), by inserting ‘‘Sec24 retary of Homeland Security or the’’ before 

25 ‘‘Attorney General’’ each place such term ap26 pears; 


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1 (B) in paragraph (2), by striking ‘‘Attor2 ney General’’ and inserting ‘‘Secretary of 

3 Homeland Security’’; and 

4 (C) in paragraph (5)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘Attorney General’’ and inserting ‘‘Sec7 retary of Homeland Security’’; and 

8 (ii) in subparagraph (B), by inserting 

9 ‘‘Secretary of Homeland Security or the’’ 

10 before ‘‘Attorney General’’. 

11 TITLE V—UNACCOMPANIED AND 

12 ACCOMPANIED ALIEN MI13 NORS APPREHENDED ALONG 

14 THE BORDER 

15 SEC. 5501. REPATRIATION OF UNACCOMPANIED ALIEN 

16 CHILDREN. 

17 (a) IN GENERAL.—Section 235 of the William Wil18 berforce Trafficking Victims Protection Reauthorization 

19 Act of 2008 (8 U.S.C. 1232) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)— 

22 (i) by amending the heading to read 

23 as follows: ‘‘RULES FOR UNACCOMPANIED

24 ALIEN CHILDREN.—’’; 

25 (ii) in subparagraph (A)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘who is a national or 

3 habitual resident of a country that is 

4 contiguous with the United States’’; 

5 (II) in clause (i), by inserting 

6 ‘‘and’’ at the end; 

7 (III) in clause (ii), by striking ‘‘; 

8 and’’ and inserting a period; and 

9 (IV) by striking clause (iii); 

10 (iii) in subparagraph (B)— 

11 (I) in the matter preceding clause 

12 (i), by striking ‘‘(8 U.S.C. 1101 et 

13 seq.) may—’’ and inserting ‘‘(8 

14 U.S.C. 1101 et seq.)—’’; 

15 (II) in clause (i), by inserting be16 fore ‘‘permit such child to withdraw’’ 

17 the following: ‘‘may’’; and 

18 (III) in clause (ii), by inserting 

19 before ‘‘return such child’’ the fol20 lowing: ‘‘shall’’; and 

21 (iv) in subparagraph (C)— 

22 (I) by amending the heading to 

23 read as follows: ‘‘AGREEMENTS WITH

24 FOREIGN COUNTRIES.—’’; and 


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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 coun5 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 appro10 priate’’; 

11 (B) by redesignating paragraphs (3) 

12 through (5) as paragraphs (4) through (6), re13 spectively, and inserting after paragraph (2) the 

14 following: 

15 ‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC16 COMPANIED ALIEN CHILDREN.—An unaccompanied 

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 (C) in paragraph (6)(D) (as so redesig24 nated)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘, except for an unaccompanied 

3 alien child from a contiguous country sub4 ject to exceptions under subsection (a)(2),’’ 

5 and inserting ‘‘who does not meet the cri6 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 im10 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: ‘‘be16 lieved not to meet the criteria listed in sub17 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 un23 accompanied alien child in custody shall’’ and 

24 all that follows, and inserting the following: ‘‘an 

25 unaccompanied alien child in custody— 


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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 Sec11 retary of Health and Human Services after de12 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 ABOUT INDIVIDUALS

18 WITH WHOM CHILDREN ARE PLACED.— 

19 ‘‘(i) INFORMATION TO BE PROVIDED

20 TO HOMELAND SECURITY.—Before placing 

21 a child with an individual, the Secretary of 

22 Health and Human Services shall provide 

23 to the Secretary of Homeland Security, re24 garding the individual with whom the child 

25 will be placed, the following information: 


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1 ‘‘(I) The name of the individual. 

2 ‘‘(II) The social security number 

3 of the individual. 

4 ‘‘(III) The date of birth of the in5 dividual. 

6 ‘‘(IV) The location of the individ7 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 RULE.—In the case of a 

14 child who was apprehended on or after 

15 June 15, 2012, and before the date of the 

16 enactment of this subparagraph, who the 

17 Secretary of Health and Human Services 

18 placed with an individual, the Secretary 

19 shall provide the information listed in 

20 clause (i) to the Secretary of Homeland 

21 Security not later than 90 days after such 

22 date of enactment. 

23 ‘‘(iii) ACTIVITIES OF THE SECRETARY

24 OF HOMELAND SECURITY.—Not later than 

25 30 days after receiving the information 


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1 listed in clause (i), the Secretary of Home2 land Security shall— 

3 ‘‘(I) in the case that the immi4 gration status of an individual with 

5 whom a child is placed is unknown, 

6 investigate the immigration status of 

7 that individual; and 

8 ‘‘(II) upon determining that an 

9 individual with whom a child is placed 

10 is unlawfully present in the United 

11 States, initiate removal proceedings 

12 pursuant to chapter 4 of title II of the 

13 Immigration and Nationality Act (8 

14 U.S.C. 1221 et seq.).’’; and 

15 (B) in paragraph (5)— 

16 (i) by inserting after ‘‘to the greatest 

17 extent practicable’’ the following: ‘‘(at no 

18 expense to the Government)’’; and 

19 (ii) by striking ‘‘have counsel to rep20 resent them’’ and inserting ‘‘have access to 

21 counsel to represent them’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to any unauthorized alien child ap24 prehended on or after June 15, 2012. 


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1 SEC. 5502. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM2 MIGRANTS UNABLE TO REUNITE WITH EI3 THER PARENT. 

4 Section 101(a)(27)(J)(i) of the Immigration and Na5 tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 

6 striking ‘‘1 or both of the immigrant’s parents’’ and in7 serting ‘‘either of the immigrant’s parents’’. 

8 SEC. 5503. JURISDICTION OF ASYLUM APPLICATIONS. 

9 Section 208(b)(3) of the Immigration and Nationality 

10 Act (8 U.S.C. 1158) is amended by striking subparagraph 

11 (C). 

12 SEC. 5504. QUARTERLY REPORT TO CONGRESS. 

13 Not later than January 5, 2019, and every 3 months 

14 thereafter— 

15 (1) the Attorney General shall submit a report 

16 on— 

17 (A) the total number of asylum cases filed 

18 by unaccompanied alien children and completed 

19 by an immigration judge during the 3-month 

20 period preceding the date of the report, and the 

21 percentage of those cases in which asylum was 

22 granted; and 

23 (B) the number of unaccompanied alien 

24 children who failed to appear for any pro25 ceeding before an immigration judge during the 


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1 3-month period preceding the date of the re2 port; and 

3 (2) the Secretary of Homeland Security shall 

4 submit a report on the total number of applications 

5 for asylum, filed by unaccompanied alien children, 

6 that were adjudicated during the 3-month period 

7 preceding the date of the report and the percentage 

8 of those applications that were granted. 

9 SEC. 5505. BIANNUAL REPORT TO CONGRESS. 

10 Not later than January 5, 2019, and every 6 months 

11 thereafter, the Attorney General shall submit a report to 

12 Congress on each crime for which an unaccompanied alien 

13 child is charged or convicted during the previous 6-month 

14 period following their release from the custody of the Sec15 retary of Homeland Security pursuant to section 235 of 

16 the William Wilberforce Trafficking Victims Protection 

17 Reauthorization Act of 2008 (8 U.S.C. 1232). 

18 SEC. 5506. CLARIFICATION OF STANDARDS FOR FAMILY DE19 TENTION. 

20 (a) IN GENERAL.—Section 235 of the William Wil21 berforce Trafficking Victims Protection Reauthorization 

22 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

23 the end the following: 

24 ‘‘(j) CONSTRUCTION.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, judicial determination, consent de3 cree, or settlement agreement, the detention of any 

4 alien child who is not an unaccompanied alien child 

5 shall be governed by sections 217, 235, 236, and 

6 241 of the Immigration and Nationality Act (8 

7 U.S.C. 1187, 1225, 1226, and 1231). There exists 

8 no presumption that an alien child who is not an un9 accompanied alien child should not be detained, and 

10 all such determinations shall be in the discretion of 

11 the Secretary of Homeland Security. 

12 ‘‘(2) RELEASE OF MINORS OTHER THAN UNAC13 COMPANIED ALIENS.—In no circumstances shall an 

14 alien minor who is not an unaccompanied alien child 

15 be released by the Secretary of Homeland Security 

16 other than to a parent or legal guardian.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall take effect on the date of the enact19 ment of this Act and shall apply to all actions that occur 

20 before, on, or after the date of the enactment of this Act. 

21 DIVISION C—BORDER 

22 ENFORCEMENT 

23 SEC. 1100. SHORT TITLE. 

24 This division may be cited as the ‘‘Border Security 

25 for America Act of 2018’’. 


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1 TITLE I—BORDER SECURITY 

2 SEC. 1101. DEFINITIONS. 

3 In this title: 

4 (1) ADVANCED UNATTENDED SURVEILLANCE

5 SENSORS.—The term ‘‘advanced unattended surveil6 lance sensors’’ means sensors that utilize an onboard 

7 computer to analyze detections in an effort to dis8 cern between vehicles, humans, and animals, and ul9 timately filter false positives prior to transmission. 

10 (2) APPROPRIATE CONGRESSIONAL COM11 MITTEE.—The term ‘‘appropriate congressional com12 mittee’’ has the meaning given the term in section 

13 2(2) of the Homeland Security Act of 2002 (6 

14 U.S.C. 101(2)). 

15 (3) COMMISSIONER.—The term ‘‘Commis16 sioner’’ means the Commissioner of U.S. Customs 

17 and Border Protection. 

18 (4) HIGH TRAFFIC AREAS.—The term ‘‘high 

19 traffic areas’’ has the meaning given such term in 

20 section 102(e)(1) of the Illegal Immigration Reform 

21 and Immigrant Responsibility Act of 1996, as 

22 amended by section 1111 of this division. 

23 (5) OPERATIONAL CONTROL.—The term ‘‘oper24 ational control’’ has the meaning given such term in 


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1 section 2(b) of the Secure Fence Act of 2006 (8 

2 U.S.C. 1701 note; Public Law 109–367). 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (7) SITUATIONAL AWARENESS.—The term ‘‘sit6 uational awareness’’ has the meaning given such 

7 term in section 1092(a)(7) of the National Defense 

8 Authorization Act for Fiscal Year 2017 (Public Law 

9 114–328; 6 U.S.C. 223(a)(7)). 

10 (8) SMALL UNMANNED AERIAL VEHICLE.—The 

11 term ‘‘small unmanned aerial vehicle’’ has the mean12 ing given the term ‘‘small unmanned aircraft’’ in 

13 section 331 of the FAA Modernization and Reform 

14 Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 

15 note). 

16 (9) TRANSIT ZONE.—The term ‘‘transit zone’’ 

17 has the meaning given such term in section 

18 1092(a)(8) of the National Defense Authorization 

19 Act for Fiscal Year 2017 (Public Law 114–328; 6 

20 U.S.C. 223(a)(7)). 

21 (10) UNMANNED AERIAL SYSTEM.—The term 

22 ‘‘unmanned aerial system’’ has the meaning given 

23 the term ‘‘unmanned aircraft system’’ in section 331 

24 of the FAA Modernization and Reform Act of 2012 

25 (Public Law 112–95; 49 U.S.C. 40101 note). 


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1 (11) UNMANNED AERIAL VEHICLE.—The term 

2 ‘‘unmanned aerial vehicle’’ has the meaning given 

3 the term ‘‘unmanned aircraft’’ in section 331 of the 

4 FAA Modernization and Reform Act of 2012 (Public 

5 Law 112–95; 49 U.S.C. 40101 note). 

6 Subtitle A—Infrastructure and 

7 Equipment 

8 SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR9 RIERS ALONG THE SOUTHERN BORDER. 

10 Section 102 of the Illegal Immigration Reform and 

11 Immigrant Responsibility Act of 1996 (Division C of Pub12 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

13 (1) by amending subsection (a) to read as fol14 lows: 

15 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se16 curity shall take such actions as may be necessary (includ17 ing the removal of obstacles to detection of illegal en18 trants) to design, test, construct, install, deploy, and oper19 ate physical barriers, tactical infrastructure, and tech20 nology in the vicinity of the United States border to 

21 achieve situational awareness and operational control of 

22 the border and deter, impede, and detect illegal activity 

23 in high traffic areas.’’; 

24 (2) in subsection (b)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘FENCING AND ROAD IMPROVEMENTS’’ and in3 serting ‘‘PHYSICAL BARRIERS’’; 

4 (B) in paragraph (1)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘subsection (a)’’ 

7 and inserting ‘‘this section’’; 

8 (II) by striking ‘‘roads, lighting, 

9 cameras, and sensors’’ and inserting 

10 ‘‘tactical infrastructure, and tech11 nology’’; and 

12 (III) by striking ‘‘gain’’ inserting 

13 ‘‘achieve situational awareness and’’; 

14 and 

15 (ii) by amending subparagraph (B) to 

16 read as follows: 

17 ‘‘(B) PHYSICAL BARRIERS AND TACTICAL

18 INFRASTRUCTURE.— 

19 ‘‘(i) IN GENERAL.—Not later than 

20 September 30, 2022, the Secretary of 

21 Homeland Security, in carrying out this 

22 section, shall deploy along the United 

23 States border the most practical and effec24 tive physical barriers and tactical infra25 structure available for achieving situational 


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1 awareness and operational control of the 

2 border. 

3 ‘‘(ii) CONSIDERATION FOR CERTAIN

4 PHYSICAL BARRIERS AND TACTICAL INFRA5 STRUCTURE.—The deployment of physical 

6 barriers and tactical infrastructure under 

7 this subparagraph shall not apply in any 

8 area or region along the border where nat9 ural terrain features, natural barriers, or 

10 the remoteness of such area or region 

11 would make any such deployment ineffec12 tive, as determined by the Secretary, for 

13 the purposes of achieving situational 

14 awareness or operational control of such 

15 area or region.’’; 

16 (iii) in subparagraph (C)— 

17 (I) by amending clause (i) to 

18 read as follows: 

19 ‘‘(i) IN GENERAL.—In carrying out 

20 this section, the Secretary of Homeland 

21 Security shall, before constructing physical 

22 barriers in a specific area or region, con23 sult with the Secretary of the Interior, the 

24 Secretary of Agriculture, appropriate rep25 resentatives of Federal, State, local, and 


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1 tribal governments, and appropriate pri2 vate property owners in the United States 

3 to minimize the impact on the environ4 ment, culture, commerce, and quality of 

5 life for the communities and residents lo6 cated near the sites at which such physical 

7 barriers are to be constructed.’’; 

8 (II) by redesignating clause (ii) 

9 as clause (iii); and 

10 (III) by inserting after clause (i), 

11 as amended, the following new clause: 

12 ‘‘(ii) NOTIFICATION.—Not later than 

13 60 days after the consultation required 

14 under clause (i), the Secretary of Home15 land Security shall notify the Committee 

16 on Homeland Security of the House of 

17 Representatives and the Committee on 

18 Homeland Security and Governmental Af19 fairs of the Senate of the type of physical 

20 barriers, tactical infrastructure, or tech21 nology the Secretary has determined is 

22 most practical and effective to achieve situ23 ational awareness and operational control 

24 in a specific area or region and the other 


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1 alternatives the Secretary considered be2 fore making such a determination.’’; and 

3 (iv) by striking subparagraph (D); 

4 (C) in paragraph (2)— 

5 (i) by striking ‘‘Attorney General’’ 

6 and inserting ‘‘Secretary of Homeland Se7 curity’’; 

8 (ii) by striking ‘‘this subsection’’ and 

9 inserting ‘‘this section’’; and 

10 (iii) by striking ‘‘construction of 

11 fences’’ and inserting ‘‘the construction of 

12 physical barriers’’; and 

13 (D) by amending paragraph (3) to read as 

14 follows: 

15 ‘‘(3) AGENT SAFETY.—In carrying out this sec16 tion, the Secretary of Homeland Security, when de17 signing, constructing, and deploying physical bar18 riers, tactical infrastructure, or technology, shall in19 corporate such safety features into such design, con20 struction, or deployment of such physical barriers, 

21 tactical infrastructure, or technology, as the case 

22 may be, that the Secretary determines, in the Sec23 retary’s sole discretion, are necessary to maximize 

24 the safety and effectiveness of officers or agents of 

25 the Department of Homeland Security or of any 


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1 other Federal agency deployed in the vicinity of such 

2 physical barriers, tactical infrastructure, or tech3 nology.’’; 

4 (3) in subsection (c), by amending paragraph 

5 (1) to read as follows: 

6 ‘‘(1) IN GENERAL.—Notwithstanding any other 

7 provision of law, the Secretary of Homeland Security 

8 shall have the authority to waive all legal require9 ments the Secretary, in the Secretary’s sole discre10 tion, determines necessary to ensure the expeditious 

11 design, testing, construction, installation, deploy12 ment, operation, and maintenance of the physical 

13 barriers, tactical infrastructure, and technology 

14 under this section. Any such decision by the Sec15 retary shall be effective upon publication in the Fed16 eral Register.’’; and 

17 (4) by adding after subsection (d) the following 

18 new subsections: 

19 ‘‘(e) TECHNOLOGY.—Not later than September 30, 

20 2022, the Secretary of Homeland Security, in carrying out 

21 this section, shall deploy along the United States border 

22 the most practical and effective technology available for 

23 achieving situational awareness and operational control of 

24 the border. 


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1 ‘‘(f) LIMITATION ON REQUIREMENTS.—Nothing in 

2 this section may be construed as requiring the Secretary 

3 of Homeland Security to install tactical infrastructure, 

4 technology, and physical barriers in a particular location 

5 along an international border of the United States, if the 

6 Secretary determines that the use or placement of such 

7 resources is not the most appropriate means to achieve 

8 and maintain situational awareness and operational con9 trol over the international border at such location. 

10 ‘‘(g) DEFINITIONS.—In this section: 

11 ‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high 

12 traffic areas’ means areas in the vicinity of the 

13 United States border that— 

14 ‘‘(A) are within the responsibility of U.S. 

15 Customs and Border Protection; and 

16 ‘‘(B) have significant unlawful cross-border 

17 activity, as determined by the Secretary of 

18 Homeland Security. 

19 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper20 ational control’ has the meaning given such term in 

21 section 2(b) of the Secure Fence Act of 2006 (8 

22 U.S.C. 1701 note; Public Law 109–367). 

23 ‘‘(3) PHYSICAL BARRIERS.—The term ‘physical 

24 barriers’ includes reinforced fencing, border wall sys25 tem, and levee walls. 


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1 ‘‘(4) SITUATIONAL AWARENESS.—The term ‘sit2 uational awareness’ has the meaning given such 

3 term in section 1092(a)(7) of the National Defense 

4 Authorization Act for Fiscal Year 2017 (Public Law 

5 114–328). 

6 ‘‘(5) TACTICAL INFRASTRUCTURE.—The term 

7 ‘tactical infrastructure’ includes boat ramps, access 

8 gates, checkpoints, lighting, and roads. 

9 ‘‘(6) TECHNOLOGY.—The term ‘technology’ in10 cludes border surveillance and detection technology, 

11 including the following: 

12 ‘‘(A) Tower-based surveillance technology. 

13 ‘‘(B) Deployable, lighter-than-air ground 

14 surveillance equipment. 

15 ‘‘(C) Vehicle and Dismount Exploitation 

16 Radars (VADER). 

17 ‘‘(D) 3-dimensional, seismic acoustic detec18 tion and ranging border tunneling detection 

19 technology. 

20 ‘‘(E) Advanced unattended surveillance 

21 sensors. 

22 ‘‘(F) Mobile vehicle-mounted and man23 portable surveillance capabilities. 

24 ‘‘(G) Unmanned aerial vehicles. 


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1 ‘‘(H) Other border detection, communica2 tion, and surveillance technology. 

3 ‘‘(7) UNMANNED AERIAL VEHICLES.—The term 

4 ‘unmanned aerial vehicle’ has the meaning given the 

5 term ‘unmanned aircraft’ in section 331 of the FAA 

6 Modernization and Reform Act of 2012 (Public Law 

7 112–95; 49 U.S.C. 40101 note).’’. 

8 SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

9 (a) INCREASED FLIGHT HOURS.—The Secretary, 

10 after coordination with the Administrator of the Federal 

11 Aviation Administration, shall ensure that not fewer than 

12 95,000 annual flight hours are carried out by Air and Ma13 rine Operations of U.S. Customs and Border Protection. 

14 (b) UNMANNED AERIAL SYSTEM.—The Secretary 

15 shall ensure that Air and Marine Operations operate un16 manned aerial systems on the southern border of the 

17 United States for not less than 24 hours per day for five 

18 days per week. 

19 (c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 

20 Commissioner shall contract for the unfulfilled identified 

21 air support mission critical hours, as identified by the 

22 Chief of the U.S. Border Patrol. 

23 (d) PRIMARY MISSION.—The Commissioner shall en24 sure that— 


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1 (1) the primary missions for Air and Marine 

2 Operations are to directly support U.S. Border Pa3 trol activities along the southern border of the 

4 United States and Joint Interagency Task Force 

5 South operations in the transit zone; and 

6 (2) the Executive Assistant Commissioner of 

7 Air and Marine Operations assigns the greatest pri8 ority to support missions established by the Commis9 sioner to carry out the requirements under this Act. 

10 (e) HIGH-DEMAND FLIGHT HOUR REQUIRE11 MENTS.—In accordance with subsection (d), the Commis12 sioner shall ensure that U.S. Border Patrol Sector 

13 Chiefs— 

14 (1) identify critical flight hour requirements; 

15 and 

16 (2) direct Air and Marine Operations to sup17 port requests from Sector Chiefs as their primary 

18 mission. 

19 (f) SMALL UNMANNED AERIAL VEHICLES.— 

20 (1) IN GENERAL.—The Chief of the U.S. Bor21 der Patrol shall be the executive agent for U.S. Cus22 toms and Border Protection’s use of small un23 manned aerial vehicles for the purpose of meeting 

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1 ational requirements and to achieve situational 

2 awareness and operational control. 

3 (2) COORDINATION.—In carrying out para4 graph (1), the Chief of the U.S. Border Patrol 

5 shall— 

6 (A) coordinate flight operations with the 

7 Administrator of the Federal Aviation Adminis8 tration to ensure the safe and efficient oper9 ation of the National Airspace System; and 

10 (B) coordinate with the Executive Assist11 ant Commissioner for Air and Marine Oper12 ations of U.S. Customs and Border Protection 

13 to ensure the safety of other U.S. Customs and 

14 Border Protection aircraft flying in the vicinity 

15 of small unmanned aerial vehicles operated by 

16 the U.S. Border Patrol. 

17 (3) CONFORMING AMENDMENT.—Paragraph (3) 

18 of section 411(e) of the Homeland Security Act of 

19 2002 (6 U.S.C. 211(e)) is amended— 

20 (A) in subparagraph (B), by striking 

21 ‘‘and’’ after the semicolon at the end; 

22 (B) by redesignating subparagraph (C) as 

23 subparagraph (D); and 

24 (C) by inserting after subparagraph (B) 

25 the following new subparagraph: 


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1 ‘‘(C) carry out the small unmanned aerial 

2 vehicle requirements pursuant to subsection (f) 

3 of section 1112 of the Border Security for 

4 America Act of 2018; and’’. 

5 (g) SAVING CLAUSE.—Nothing in this section shall 

6 confer, transfer, or delegate to the Secretary, the Commis7 sioner, the Executive Assistant Commissioner for Air and 

8 Marine Operations of U.S. Customs and Border Protec9 tion, or the Chief of the U.S. Border Patrol any authority 

10 of the Secretary of Transportation or the Administrator 

11 of the Federal Aviation Administration relating to the use 

12 of airspace or aviation safety. 

13 SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SEC14 TORS AND TRANSIT ZONE. 

15 (a) IN GENERAL.—Not later than September 30, 

16 2022, the Secretary, in implementing section 102 of the 

17 Illegal Immigration Reform and Immigrant Responsibility 

18 Act of 1996 (as amended by section 1111 of this division), 

19 and acting through the appropriate component of the De20 partment of Homeland Security, shall deploy to each sec21 tor or region of the southern border and the northern bor22 der, in a prioritized manner to achieve situational aware23 ness and operational control of such borders, the following 

24 additional capabilities: 


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1 (1) SAN DIEGO SECTOR.—For the San Diego 

2 sector, the following: 

3 (A) Tower-based surveillance technology. 

4 (B) Subterranean surveillance and detec5 tion technologies. 

6 (C) To increase coastal maritime domain 

7 awareness, the following: 

8 (i) Deployable, lighter-than-air surface 

9 surveillance equipment. 

10 (ii) Unmanned aerial vehicles with 

11 maritime surveillance capability. 

12 (iii) U.S. Customs and Border Protec13 tion maritime patrol aircraft. 

14 (iv) Coastal radar surveillance sys15 tems. 

16 (v) Maritime signals intelligence capa17 bilities. 

18 (D) Ultralight aircraft detection capabili19 ties. 

20 (E) Advanced unattended surveillance sen21 sors. 

22 (F) A rapid reaction capability supported 

23 by aviation assets. 

24 (G) Mobile vehicle-mounted and man-port25 able surveillance capabilities. 


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1 (H) Man-portable unmanned aerial vehi2 cles. 

3 (I) Improved agent communications capa4 bilities. 

5 (2) EL CENTRO SECTOR.—For the El Centro 

6 sector, the following: 

7 (A) Tower-based surveillance technology. 

8 (B) Deployable, lighter-than-air ground 

9 surveillance equipment. 

10 (C) Man-portable unmanned aerial vehi11 cles. 

12 (D) Ultralight aircraft detection capabili13 ties. 

14 (E) Advanced unattended surveillance sen15 sors. 

16 (F) A rapid reaction capability supported 

17 by aviation assets. 

18 (G) Man-portable unmanned aerial vehi19 cles. 

20 (H) Improved agent communications capa21 bilities. 

22 (3) YUMA SECTOR.—For the Yuma sector, the 

23 following: 

24 (A) Tower-based surveillance technology. 


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1 (B) Deployable, lighter-than-air ground 

2 surveillance equipment. 

3 (C) Ultralight aircraft detection capabili4 ties. 

5 (D) Advanced unattended surveillance sen6 sors. 

7 (E) A rapid reaction capability supported 

8 by aviation assets. 

9 (F) Mobile vehicle-mounted and man-port10 able surveillance systems. 

11 (G) Man-portable unmanned aerial vehi12 cles. 

13 (H) Improved agent communications capa14 bilities. 

15 (4) TUCSON SECTOR.—For the Tucson sector, 

16 the following: 

17 (A) Tower-based surveillance technology. 

18 (B) Increased flight hours for aerial detec19 tion, interdiction, and monitoring operations ca20 pability. 

21 (C) Deployable, lighter-than-air ground 

22 surveillance equipment. 

23 (D) Ultralight aircraft detection capabili24 ties. 


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1 (E) Advanced unattended surveillance sen2 sors. 

3 (F) A rapid reaction capability supported 

4 by aviation assets. 

5 (G) Man-portable unmanned aerial vehi6 cles. 

7 (H) Improved agent communications capa8 bilities. 

9 (5) EL PASO SECTOR.—For the El Paso sector, 

10 the following: 

11 (A) Tower-based surveillance technology. 

12 (B) Deployable, lighter-than-air ground 

13 surveillance equipment. 

14 (C) Ultralight aircraft detection capabili15 ties. 

16 (D) Advanced unattended surveillance sen17 sors. 

18 (E) Mobile vehicle-mounted and man-port19 able surveillance systems. 

20 (F) A rapid reaction capability supported 

21 by aviation assets. 

22 (G) Mobile vehicle-mounted and man-port23 able surveillance capabilities. 

24 (H) Man-portable unmanned aerial vehi25 cles. 


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1 (I) Improved agent communications capa2 bilities. 

3 (6) BIG BEND SECTOR.—For the Big Bend sec4 tor, the following: 

5 (A) Tower-based surveillance technology. 

6 (B) Deployable, lighter-than-air ground 

7 surveillance equipment. 

8 (C) Improved agent communications capa9 bilities. 

10 (D) Ultralight aircraft detection capabili11 ties. 

12 (E) Advanced unattended surveillance sen13 sors. 

14 (F) A rapid reaction capability supported 

15 by aviation assets. 

16 (G) Mobile vehicle-mounted and man-port17 able surveillance capabilities. 

18 (H) Man-portable unmanned aerial vehi19 cles. 

20 (I) Improved agent communications capa21 bilities. 

22 (7) DEL RIO SECTOR.—For the Del Rio sector, 

23 the following: 

24 (A) Tower-based surveillance technology. 


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1 (B) Increased monitoring for cross-river 

2 dams, culverts, and footpaths. 

3 (C) Improved agent communications capa4 bilities. 

5 (D) Improved maritime capabilities in the 

6 Amistad National Recreation Area. 

7 (E) Advanced unattended surveillance sen8 sors. 

9 (F) A rapid reaction capability supported 

10 by aviation assets. 

11 (G) Mobile vehicle-mounted and man-port12 able surveillance capabilities. 

13 (H) Man-portable unmanned aerial vehi14 cles. 

15 (I) Improved agent communications capa16 bilities. 

17 (8) LAREDO SECTOR.—For the Laredo sector, 

18 the following: 

19 (A) Tower-based surveillance technology. 

20 (B) Maritime detection resources for the 

21 Falcon Lake region. 

22 (C) Increased flight hours for aerial detec23 tion, interdiction, and monitoring operations ca24 pability. 


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1 (D) Increased monitoring for cross-river 

2 dams, culverts, and footpaths. 

3 (E) Ultralight aircraft detection capability. 

4 (F) Advanced unattended surveillance sen5 sors. 

6 (G) A rapid reaction capability supported 

7 by aviation assets. 

8 (H) Man-portable unmanned aerial vehi9 cles. 

10 (I) Improved agent communications capa11 bilities. 

12 (9) RIO GRANDE VALLEY SECTOR.—For the Rio 

13 Grande Valley sector, the following: 

14 (A) Tower-based surveillance technology. 

15 (B) Deployable, lighter-than-air ground 

16 surveillance equipment. 

17 (C) Increased flight hours for aerial detec18 tion, interdiction, and monitoring operations ca19 pability. 

20 (D) Ultralight aircraft detection capability. 

21 (E) Advanced unattended surveillance sen22 sors. 

23 (F) Increased monitoring for cross-river 

24 dams, culverts, footpaths. 


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1 (G) A rapid reaction capability supported 

2 by aviation assets. 

3 (H) Increased maritime interdiction capa4 bilities. 

5 (I) Mobile vehicle-mounted and man-port6 able surveillance capabilities. 

7 (J) Man-portable unmanned aerial vehi8 cles. 

9 (K) Improved agent communications capa10 bilities. 

11 (10) BLAINE SECTOR.—For the Blaine sector, 

12 the following: 

13 (A) Increased flight hours for aerial detec14 tion, interdiction, and monitoring operations ca15 pability. 

16 (B) Coastal radar surveillance systems. 

17 (C) Increased maritime interdiction capa18 bilities. 

19 (D) Mobile vehicle-mounted and man-port20 able surveillance capabilities. 

21 (E) Advanced unattended surveillance sen22 sors. 

23 (F) Ultralight aircraft detection capabili24 ties. 


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1 (G) Man-portable unmanned aerial vehi2 cles. 

3 (H) Improved agent communications capa4 bilities. 

5 (11) SPOKANE SECTOR.—For the Spokane sec6 tor, the following: 

7 (A) Increased flight hours for aerial detec8 tion, interdiction, and monitoring operations ca9 pability. 

10 (B) Increased maritime interdiction capa11 bilities. 

12 (C) Mobile vehicle-mounted and man-port13 able surveillance capabilities. 

14 (D) Advanced unattended surveillance sen15 sors. 

16 (E) Ultralight aircraft detection capabili17 ties. 

18 (F) Completion of six miles of the Bog 

19 Creek road. 

20 (G) Man-portable unmanned aerial vehi21 cles. 

22 (H) Improved agent communications sys23 tems. 

24 (12) HAVRE SECTOR.—For the Havre sector, 

25 the following: 


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1 (A) Increased flight hours for aerial detec2 tion, interdiction, and monitoring operations ca3 pability. 

4 (B) Mobile vehicle-mounted and man-port5 able surveillance capabilities. 

6 (C) Advanced unattended surveillance sen7 sors. 

8 (D) Ultralight aircraft detection capabili9 ties. 

10 (E) Man-portable unmanned aerial vehi11 cles. 

12 (F) Improved agent communications sys13 tems. 

14 (13) GRAND FORKS SECTOR.—For the Grand 

15 Forks sector, the following: 

16 (A) Increased flight hours for aerial detec17 tion, interdiction, and monitoring operations ca18 pability. 

19 (B) Mobile vehicle-mounted and man-port20 able surveillance capabilities. 

21 (C) Advanced unattended surveillance sen22 sors. 

23 (D) Ultralight aircraft detection capabili24 ties. 


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1 (E) Man-portable unmanned aerial vehi2 cles. 

3 (F) Improved agent communications sys4 tems. 

5 (14) DETROIT SECTOR.—For the Detroit sec6 tor, the following: 

7 (A) Increased flight hours for aerial detec8 tion, interdiction, and monitoring operations ca9 pability. 

10 (B) Coastal radar surveillance systems. 

11 (C) Increased maritime interdiction capa12 bilities. 

13 (D) Mobile vehicle-mounted and man-port14 able surveillance capabilities. 

15 (E) Advanced unattended surveillance sen16 sors. 

17 (F) Ultralight aircraft detection capabili18 ties. 

19 (G) Man-portable unmanned aerial vehi20 cles. 

21 (H) Improved agent communications sys22 tems. 

23 (15) BUFFALO SECTOR.—For the Buffalo sec24 tor, the following: 


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1 (A) Increased flight hours for aerial detec2 tion, interdiction, and monitoring operations ca3 pability. 

4 (B) Coastal radar surveillance systems. 

5 (C) Increased maritime interdiction capa6 bilities. 

7 (D) Mobile vehicle-mounted and man-port8 able surveillance capabilities. 

9 (E) Advanced unattended surveillance sen10 sors. 

11 (F) Ultralight aircraft detection capabili12 ties. 

13 (G) Man-portable unmanned aerial vehi14 cles. 

15 (H) Improved agent communications sys16 tems. 

17 (16) SWANTON SECTOR.—For the Swanton sec18 tor, the following: 

19 (A) Increased flight hours for aerial detec20 tion, interdiction, and monitoring operations ca21 pability. 

22 (B) Mobile vehicle-mounted and man-port23 able surveillance capabilities. 

24 (C) Advanced unattended surveillance sen25 sors. 


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1 (D) Ultralight aircraft detection capabili2 ties. 

3 (E) Man-portable unmanned aerial vehi4 cles. 

5 (F) Improved agent communications sys6 tems. 

7 (17) HOULTON SECTOR.—For the Houlton sec8 tor, the following: 

9 (A) Increased flight hours for aerial detec10 tion, interdiction, and monitoring operations ca11 pability. 

12 (B) Mobile vehicle-mounted and man-port13 able surveillance capabilities. 

14 (C) Advanced unattended surveillance sen15 sors. 

16 (D) Ultralight aircraft detection capabili17 ties. 

18 (E) Man-portable unmanned aerial vehi19 cles. 

20 (F) Improved agent communications sys21 tems. 

22 (18) TRANSIT ZONE.—For the transit zone, the 

23 following: 

24 (A) Not later than two years after the date 

25 of the enactment of this Act, an increase in the 


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1 number of overall cutter, boat, and aircraft 

2 hours spent conducting interdiction operations 

3 over the average number of such hours during 

4 the preceding three fiscal years. 

5 (B) Increased maritime signals intelligence 

6 capabilities. 

7 (C) To increase maritime domain aware8 ness, the following: 

9 (i) Unmanned aerial vehicles with 

10 maritime surveillance capability. 

11 (ii) Increased maritime aviation patrol 

12 hours. 

13 (D) Increased operational hours for mari14 time security components dedicated to joint 

15 counter-smuggling and interdiction efforts with 

16 other Federal agencies, including the 

17 Deployable Specialized Forces of the Coast 

18 Guard. 

19 (E) Coastal radar surveillance systems 

20 with long range day and night cameras capable 

21 of providing full maritime domain awareness of 

22 the United States territorial waters surrounding 

23 Puerto Rico, Mona Island, Desecheo Island, 

24 Vieques Island, Culebra Island, Saint Thomas, 

25 Saint John, and Saint Croix. 


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1 (b) TACTICAL FLEXIBILITY.— 

2 (1) SOUTHERN AND NORTHERN LAND BOR3 DERS.— 

4 (A) IN GENERAL.—Beginning on Sep5 tember 30, 2021, or after the Secretary has de6 ployed at least 25 percent of the capabilities re7 quired in each sector specified in subsection (a), 

8 whichever comes later, the Secretary may devi9 ate from such capability deployments if the Sec10 retary determines that such deviation is re11 quired to achieve situational awareness or oper12 ational control. 

13 (B) NOTIFICATION.—If the Secretary exer14 cises the authority described in subparagraph 

15 (A), the Secretary shall, not later than 90 days 

16 after such exercise, notify the Committee on 

17 Homeland Security and Governmental Affairs 

18 of the Senate and the Committee on Homeland 

19 Security of the House of Representatives re20 garding the deviation under such subparagraph 

21 that is the subject of such exercise. If the Sec22 retary makes any changes to such deviation, the 

23 Secretary shall, not later than 90 days after 

24 any such change, notify such committees re25 garding such change. 


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1 (2) TRANSIT ZONE.— 

2 (A) NOTIFICATION.—The Secretary shall 

3 notify the Committee on Homeland Security 

4 and Governmental Affairs of the Senate, the 

5 Committee on Commerce, Science, and Trans6 portation of the Senate, the Committee on 

7 Homeland Security of the House of Representa8 tives, and the Committee on Transportation 

9 and Infrastructure of the House of Representa10 tives regarding the capability deployments for 

11 the transit zone specified in paragraph (18) of 

12 subsection (a), including information relating 

13 to— 

14 (i) the number and types of assets 

15 and personnel deployed; and 

16 (ii) the impact such deployments have 

17 on the capability of the Coast Guard to 

18 conduct its mission in the transit zone re19 ferred to in paragraph (18) of subsection 

20 (a). 

21 (B) ALTERATION.—The Secretary may 

22 alter the capability deployments referred to in 

23 this section if the Secretary— 

24 (i) determines, after consultation with 

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1 graph (A), that such alteration is nec2 essary; and 

3 (ii) not later than 30 days after mak4 ing a determination under clause (i), noti5 fies the committees referred to in such 

6 subparagraph regarding such alteration, 

7 including information relating to— 

8 (I) the number and types of as9 sets and personnel deployed pursuant 

10 to such alteration; and 

11 (II) the impact such alteration 

12 has on the capability of the Coast 

13 Guard to conduct its mission in the 

14 transit zone referred to in paragraph 

15 (18) of subsection (a). 

16 (c) EXIGENT CIRCUMSTANCES.— 

17 (1) IN GENERAL.—Notwithstanding subsection 

18 (b), the Secretary may deploy the capabilities re19 ferred to in subsection (a) in a manner that is incon20 sistent with the requirements specified in such sub21 section if, after the Secretary has deployed at least 

22 25 percent of such capabilities, the Secretary deter23 mines that exigent circumstances demand such an 

24 inconsistent deployment or that such an inconsistent 


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1 deployment is vital to the national security interests 

2 of the United States. 

3 (2) NOTIFICATION.—The Secretary shall notify 

4 the Committee on Homeland Security of the House 

5 of Representative and the Committee on Homeland 

6 Security and Governmental Affairs of the Senate not 

7 later than 30 days after making a determination 

8 under paragraph (1). Such notification shall include 

9 a detailed justification regarding such determination. 

10 SEC. 1114. U.S. BORDER PATROL ACTIVITIES. 

11 The Chief of the U.S. Border Patrol shall prioritize 

12 the deployment of U.S. Border Patrol agents to as close 

13 to the physical land border as possible, consistent with 

14 border security enforcement priorities and accessibility to 

15 such areas. 

16 SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM 

17 MANAGEMENT. 

18 (a) IN GENERAL.—Subtitle C of title IV of the 

19 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

20 is amended by adding at the end the following new section: 

21 ‘‘SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM 

22 MANAGEMENT. 

23 ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 

24 this section, the term ‘major acquisition program’ means 

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1 mated by the Secretary to require an eventual total ex2 penditure of at least $300,000,000 (based on fiscal year 

3 2017 constant dollars) over its life cycle cost. 

4 ‘‘(b) PLANNING DOCUMENTATION.—For each border 

5 security technology acquisition program of the Depart6 ment that is determined to be a major acquisition pro7 gram, the Secretary shall— 

8 ‘‘(1) ensure that each such program has a writ9 ten acquisition program baseline approved by the 

10 relevant acquisition decision authority; 

11 ‘‘(2) document that each such program is meet12 ing cost, schedule, and performance thresholds as 

13 specified in such baseline, in compliance with rel14 evant departmental acquisition policies and the Fed15 eral Acquisition Regulation; and 

16 ‘‘(3) have a plan for meeting program imple17 mentation objectives by managing contractor per18 formance. 

19 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 

20 acting through the Under Secretary for Management and 

21 the Commissioner of U.S. Customs and Border Protection, 

22 shall ensure border security technology acquisition pro23 gram managers who are responsible for carrying out this 

24 section adhere to relevant internal control standards iden25 tified by the Comptroller General of the United States. 


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1 The Commissioner shall provide information, as needed, 

2 to assist the Under Secretary in monitoring management 

3 of border security technology acquisition programs under 

4 this section. 

5 ‘‘(d) PLAN.—The Secretary, acting through the 

6 Under Secretary for Management, in coordination with 

7 the Under Secretary for Science and Technology and the 

8 Commissioner of U.S. Customs and Border Protection, 

9 shall submit to the appropriate congressional committees 

10 a plan for testing, evaluating, and using independent 

11 verification and validation resources for border security 

12 technology. Under the plan, new border security tech13 nologies shall be evaluated through a series of assess14 ments, processes, and audits to ensure— 

15 ‘‘(1) compliance with relevant departmental ac16 quisition policies and the Federal Acquisition Regu17 lation; and 

18 ‘‘(2) the effective use of taxpayer dollars.’’. 

19 (b) 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 

22 433 the following new item: 

‘‘Sec. 435. Border security technology program management.’’. 

23 (c) PROHIBITION ON ADDITIONAL AUTHORIZATION

24 OF APPROPRIATIONS.—No additional funds are author25 ized to be appropriated to carry out section 435 of the 


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1 Homeland Security Act of 2002, as added by subsection 

2 (a). Such section shall be carried out using amounts other3 wise authorized for such purposes. 

4 SEC. 1116. REIMBURSEMENT OF STATES FOR DEPLOYMENT 

5 OF THE NATIONAL GUARD AT THE SOUTH6 ERN BORDER. 

7 (a) IN GENERAL.—With the approval of the Sec8 retary and the Secretary of Defense, the Governor of a 

9 State may order any units or personnel of the National 

10 Guard of such State to perform operations and missions 

11 under section 502(f) of title 32, United States Code, along 

12 the southern border for the purposes of assisting U.S. 

13 Customs and Border Protection to achieve situational 

14 awareness and operational control of the border. 

15 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

16 (1) IN GENERAL.—National Guard units and 

17 personnel deployed under subsection (a) may be as18 signed such operations and missions specified in sub19 section (c) as may be necessary to secure the south20 ern border. 

21 (2) NATURE OF DUTY.—The duty of National 

22 Guard personnel performing operations and missions 

23 described in paragraph (1) shall be full-time duty 

24 under title 32, United States Code. 


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1 (c) RANGE OF OPERATIONS AND MISSIONS.—The op2 erations and missions assigned under subsection (b) shall 

3 include the temporary authority to— 

4 (1) construct reinforced fencing or other phys5 ical barriers; 

6 (2) operate ground-based surveillance systems; 

7 (3) operate unmanned and manned aircraft; 

8 (4) provide radio communications interoper9 ability between U.S. Customs and Border Protection 

10 and State, local, and tribal law enforcement agen11 cies; 

12 (5) construct checkpoints along the Southern 

13 border to bridge the gap to long-term permanent 

14 checkpoints; and 

15 (6) provide intelligence support. 

16 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

17 Secretary of Defense shall deploy such materiel, equip18 ment, and logistical support as may be necessary to ensure 

19 success of the operations and missions conducted by the 

20 National Guard under this section. 

21 (e) REIMBURSEMENT REQUIRED.— 

22 (1) IN GENERAL.—The Secretary of Defense 

23 shall reimburse States for the cost of the deployment 

24 of any units or personnel of the National Guard to 

25 perform operations and missions in full-time State 


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1 Active Duty in support of a southern border mission. 

2 The Secretary of Defense may not seek reimburse3 ment from the Secretary for any reimbursements 

4 paid to States for the costs of such deployments. 

5 (2) LIMITATION.—The total amount of reim6 bursements under this section may not exceed 

7 $35,000,000 for any fiscal year. 

8 SEC. 1117. NATIONAL GUARD SUPPORT TO SECURE THE 

9 SOUTHERN BORDER. 

10 (a) IN GENERAL.—The Secretary of Defense, with 

11 the concurrence of the Secretary, shall provide assistance 

12 to U.S. Customs and Border Protection for purposes of 

13 increasing ongoing efforts to secure the southern border. 

14 (b) TYPES OF ASSISTANCE AUTHORIZED.—The as15 sistance provided under subsection (a) may include— 

16 (1) deployment of manned aircraft, unmanned 

17 aerial surveillance systems, and ground-based sur18 veillance systems to support continuous surveillance 

19 of the southern border; and 

20 (2) intelligence analysis support. 

21 (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec22 retary of Defense may deploy such materiel, equipment, 

23 and logistics support as may be necessary to ensure the 

24 effectiveness of the assistance provided under subsection 

25 (a). 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for the Department of 

3 Defense $75,000,000 to provide assistance under this sec4 tion. The Secretary of Defense may not seek reimburse5 ment from the Secretary for any assistance provided under 

6 this section. 

7 (e) REPORTS.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act and annually 

10 thereafter, the Secretary of Defense shall submit a 

11 report to the appropriate congressional defense com12 mittees (as defined in section 101(a)(16) of title 10, 

13 United States Code) regarding any assistance pro14 vided under subsection (a) during the period speci15 fied in paragraph (3). 

16 (2) ELEMENTS.—Each report under paragraph 

17 (1) shall include, for the period specified in para18 graph (3), a description of— 

19 (A) the assistance provided; 

20 (B) the sources and amounts of funds used 

21 to provide such assistance; and 

22 (C) the amounts obligated to provide such 

23 assistance. 

24 (3) PERIOD SPECIFIED.—The period specified 

25 in this paragraph is— 


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1 (A) in the case of the first report required 

2 under paragraph (1), the 90-day period begin3 ning on the date of the enactment of this Act; 

4 and 

5 (B) in the case of any subsequent report 

6 submitted under paragraph (1), the calendar 

7 year for which the report is submitted. 

8 SEC. 1118. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR9 DER SECURITY ON CERTAIN FEDERAL LAND. 

10 (a) PROHIBITION ON INTERFERENCE WITH U.S. 

11 CUSTOMS AND BORDER PROTECTION.— 

12 (1) IN GENERAL.—The Secretary concerned 

13 may not impede, prohibit, or restrict activities of 

14 U.S. Customs and Border Protection on covered 

15 Federal land to carry out the activities described in 

16 subsection (b). 

17 (2) APPLICABILITY.—The authority of U.S. 

18 Customs and Border Protection to conduct activities 

19 described in subsection (b) on covered Federal land 

20 applies without regard to whether a state of emer21 gency exists. 

22 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

23 BORDER PROTECTION.— 

24 (1) IN GENERAL.—U.S. Customs and Border 

25 Protection shall have immediate access to covered 


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1 Federal land to conduct the activities described in 

2 paragraph (2) on such land to prevent all unlawful 

3 entries into the United States, including entries by 

4 terrorists, unlawful aliens, instruments of terrorism, 

5 narcotics, and other contraband through the south6 ern border or the northern border. 

7 (2) ACTIVITIES DESCRIBED.—The activities de8 scribed in this paragraph are— 

9 (A) the execution of search and rescue op10 erations; 

11 (B) the use of motorized vehicles, foot pa12 trols, and horseback to patrol the border area, 

13 apprehend illegal entrants, and rescue individ14 uals; and 

15 (C) the design, testing, construction, in16 stallation, deployment, and operation of phys17 ical barriers, tactical infrastructure, and tech18 nology pursuant to section 102 of the Illegal 

19 Immigration Reform and Immigrant Responsi20 bility Act of 1996 (as amended by section 1111 

21 of this division). 

22 (c) CLARIFICATION RELATING TO WAIVER AUTHOR23 ITY.— 

24 (1) IN GENERAL.—The activities of U.S. Cus25 toms and Border Protection described in subsection 


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1 (b)(2) may be carried out without regard to the pro2 visions of law specified in paragraph (2). 

3 (2) PROVISIONS OF LAW SPECIFIED.—The pro4 visions of law specified in this section are all Fed5 eral, State, or other laws, regulations, and legal re6 quirements of, deriving from, or related to the sub7 ject of, the following laws: 

8 (A) The National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.). 

10 (B) The Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.). 

12 (C) The Federal Water Pollution Control 

13 Act (33 U.S.C. 1251 et seq.) (commonly re14 ferred to as the ‘‘Clean Water Act’’). 

15 (D) Division A of subtitle III of title 54, 

16 United States Code (54 U.S.C. 300301 et seq.) 

17 (formerly known as the ‘‘National Historic 

18 Preservation Act’’). 

19 (E) The Migratory Bird Treaty Act (16 

20 U.S.C. 703 et seq.). 

21 (F) The Clean Air Act (42 U.S.C. 7401 et 

22 seq.). 

23 (G) The Archaeological Resources Protec24 tion Act of 1979 (16 U.S.C. 470aa et seq.). 


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1 (H) The Safe Drinking Water Act (42 

2 U.S.C. 300f et seq.). 

3 (I) The Noise Control Act of 1972 (42 

4 U.S.C. 4901 et seq.). 

5 (J) The Solid Waste Disposal Act (42 

6 U.S.C. 6901 et seq.). 

7 (K) The Comprehensive Environmental 

8 Response, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9601 et seq.). 

10 (L) Chapter 3125 of title 54, United 

11 States Code (formerly known as the ‘‘Archae12 ological and Historic Preservation Act’’). 

13 (M) The Antiquities Act (16 U.S.C. 431 et 

14 seq.). 

15 (N) Chapter 3203 of title 54, United 

16 States Code (formerly known as the ‘‘Historic 

17 Sites, Buildings, and Antiquities Act’’). 

18 (O) The Wild and Scenic Rivers Act (16 

19 U.S.C. 1271 et seq.). 

20 (P) The Farmland Protection Policy Act 

21 (7 U.S.C. 4201 et seq.). 

22 (Q) The Coastal Zone Management Act of 

23 1972 (16 U.S.C. 1451 et seq.). 

24 (R) The Wilderness Act (16 U.S.C. 1131 

25 et seq.). 


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1 (S) The Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

3 (T) The National Wildlife Refuge System 

4 Administration Act of 1966 (16 U.S.C. 668dd 

5 et seq.). 

6 (U) The Fish and Wildlife Act of 1956 (16 

7 U.S.C. 742a et seq.). 

8 (V) The Fish and Wildlife Coordination 

9 Act (16 U.S.C. 661 et seq.). 

10 (W) Subchapter II of chapter 5, and chap11 ter 7, of title 5, United States Code (commonly 

12 known as the ‘‘Administrative Procedure Act’’). 

13 (X) The Otay Mountain Wilderness Act of 

14 1999 (Public Law 106–145). 

15 (Y) Sections 102(29) and 103 of the Cali16 fornia Desert Protection Act of 1994 (Public 

17 Law 103–433). 

18 (Z) Division A of subtitle I of title 54, 

19 United States Code (formerly known as the 

20 ‘‘National Park Service Organic Act’’. 

21 (AA) The National Park Service General 

22 Authorities Act (Public Law 91–383, 16 U.S.C. 

23 1a–1 et seq.). 


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1 (BB) Sections 401(7), 403, and 404 of the 

2 National Parks and Recreation Act of 1978 

3 (Public Law 95–625). 

4 (CC) Sections 301(a) through (f) of the 

5 Arizona Desert Wilderness Act (Public Law 

6 101–628). 

7 (DD) The Rivers and Harbors Act of 1899 

8 (33 U.S.C. 403). 

9 (EE) The Eagle Protection Act (16 U.S.C. 

10 668 et seq.). 

11 (FF) The Native American Graves Protec12 tion and Repatriation Act (25 U.S.C. 3001 et 

13 seq.). 

14 (GG) The American Indian Religious Free15 dom Act (42 U.S.C. 1996). 

16 (HH) The Religious Freedom Restoration 

17 Act (42 U.S.C. 2000bb). 

18 (II) The National Forest Management Act 

19 of 1976 (16 U.S.C. 1600 et seq.). 

20 (JJ) The Multiple Use and Sustained 

21 Yield Act of 1960 (16 U.S.C. 528 et seq.). 

22 (3) APPLICABILITY OF WAIVER TO SUCCESSOR

23 LAWS.—If a provision of law specified in paragraph 

24 (2) was repealed and incorporated into title 54, 

25 United States Code, after April 1, 2008, and before 


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1 the date of the enactment of this Act, the waiver de2 scribed in paragraph (1) shall apply to the provision 

3 of such title that corresponds to the provision of law 

4 specified in paragraph (2) to the same extent the 

5 waiver applied to that provision of law. 

6 (4) SAVINGS CLAUSE.—The waiver authority 

7 under this subsection may not be construed as af8 fecting, negating, or diminishing in any manner the 

9 applicability of section 552 of title 5, United States 

10 Code (commonly referred to as the ‘‘Freedom of In11 formation Act’’), in any relevant matter. 

12 (d) PROTECTION OF LEGAL USES.—This section may 

13 not be construed to provide— 

14 (1) authority to restrict legal uses, such as 

15 grazing, hunting, mining, or recreation or the use of 

16 backcountry airstrips, on land under the jurisdiction 

17 of the Secretary of the Interior or the Secretary of 

18 Agriculture; or 

19 (2) any additional authority to restrict legal ac20 cess to such land. 

21 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

22 section shall— 

23 (1) have no force or effect on State lands or 

24 private lands; and 


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1 (2) not provide authority on or access to State 

2 lands or private lands. 

3 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

4 may be construed to supersede, replace, negate, or dimin5 ish treaties or other agreements between the United States 

6 and Indian tribes. 

7 (g) MEMORANDA OF UNDERSTANDING.—The re8 quirements of this section shall not apply to the extent 

9 that such requirements are incompatible with any memo10 randum of understanding or similar agreement entered 

11 into between the Commissioner and a National Park Unit 

12 before the date of the enactment of this Act. 

13 (h) DEFINITIONS.—In this section: 

14 (1) COVERED FEDERAL LAND.—The term ‘‘cov15 ered Federal land’’ includes all land under the con16 trol of the Secretary concerned that is located within 

17 100 miles of the southern border or the northern 

18 border. 

19 (2) SECRETARY CONCERNED.—The term ‘‘Sec20 retary concerned’’ means— 

21 (A) with respect to land under the jurisdic22 tion of the Department of Agriculture, the Sec23 retary of Agriculture; and 


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1 (B) with respect to land under the jurisdic2 tion of the Department of the Interior, the Sec3 retary of the Interior. 

4 SEC. 1119. LANDOWNER AND RANCHER SECURITY EN5 HANCEMENT. 

6 (a) ESTABLISHMENT OF NATIONAL BORDER SECU7 RITY ADVISORY COMMITTEE.—The Secretary shall estab8 lish a National Border Security Advisory Committee, 

9 which— 

10 (1) may advise, consult with, report to, and 

11 make recommendations to the Secretary on matters 

12 relating to border security matters, including— 

13 (A) verifying security claims and the bor14 der security metrics established by the Depart15 ment of Homeland Security under section 1092 

16 of the National Defense Authorization Act for 

17 Fiscal Year 2017 (Public Law 114–328; 6 

18 U.S.C. 223); and 

19 (B) discussing ways to improve the secu20 rity of high traffic areas along the northern 

21 border and the southern border; and 

22 (2) may provide, through the Secretary, rec23 ommendations to Congress. 

24 (b) CONSIDERATION OF VIEWS.—The Secretary shall 

25 consider the information, advice, and recommendations of 


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1 the National Border Security Advisory Committee in for2 mulating policy regarding matters affecting border secu3 rity. 

4 (c) MEMBERSHIP.—The National Border Security 

5 Advisory Committee shall consist of at least one member 

6 from each State who— 

7 (1) has at least five years practical experience 

8 in border security operations; or 

9 (2) lives and works in the United States within 

10 80 miles from the southern border or the northern 

11 border. 

12 (d) NONAPPLICABILITY OF FEDERAL ADVISORY

13 COMMITTEE ACT.—The Federal Advisory Committee Act 

14 (5 U.S.C. App.) shall not apply to the National Border 

15 Security Advisory Committee. 

16 SEC. 1120. ERADICATION OF CARRIZO CANE AND SALT 

17 CEDAR. 

18 (a) IN GENERAL.—Not later than September 30, 

19 2022, the Secretary, after coordinating with the heads of 

20 the relevant Federal, State, and local agencies, shall begin 

21 eradicating the carrizo cane plant and any salt cedar along 

22 the Rio Grande River that impedes border security oper23 ations. 

24 (b) EXTENT.—The waiver authority under subsection 

25 (c) of section 102 of the Illegal Immigration Reform and 


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1 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

2 note), as amended by section 1111 of this division, shall 

3 extend to activities carried out pursuant to this section. 

4 SEC. 1121. SOUTHERN BORDER THREAT ANALYSIS. 

5 (a) THREAT ANALYSIS.— 

6 (1) REQUIREMENT.—Not later than 180 days 

7 after the date of the enactment of this Act, the Sec8 retary shall submit to the Committee on Homeland 

9 Security of the House of Representatives and the 

10 Committee on Homeland Security and Governmental 

11 Affairs of the Senate a Southern border threat anal12 ysis. 

13 (2) CONTENTS.—The analysis submitted under 

14 paragraph (1) shall include an assessment of— 

15 (A) current and potential terrorism and 

16 criminal threats posed by individuals and orga17 nized groups seeking— 

18 (i) to unlawfully enter the United 

19 States through the Southern border; or 

20 (ii) to exploit security vulnerabilities 

21 along the Southern border; 

22 (B) improvements needed at and between 

23 ports of entry along the Southern border to pre24 vent terrorists and instruments of terror from 

25 entering the United States; 


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1 (C) gaps in law, policy, and coordination 

2 between State, local, or tribal law enforcement, 

3 international agreements, or tribal agreements 

4 that hinder effective and efficient border secu5 rity, counterterrorism, and anti-human smug6 gling and trafficking efforts; 

7 (D) the current percentage of situational 

8 awareness achieved by the Department along 

9 the Southern border; 

10 (E) the current percentage of operational 

11 control achieved by the Department on the 

12 Southern border; and 

13 (F) traveler crossing times and any poten14 tial security vulnerability associated with pro15 longed wait times. 

16 (3) ANALYSIS REQUIREMENTS.—In compiling 

17 the Southern border threat analysis required under 

18 this subsection, the Secretary shall consider and ex19 amine— 

20 (A) the technology needs and challenges, 

21 including such needs and challenges identified 

22 as a result of previous investments that have 

23 not fully realized the security and operational 

24 benefits that were sought; 


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1 (B) the personnel needs and challenges, in2 cluding such needs and challenges associated 

3 with recruitment and hiring; 

4 (C) the infrastructure needs and chal5 lenges; 

6 (D) the roles and authorities of State, 

7 local, and tribal law enforcement in general bor8 der security activities; 

9 (E) the status of coordination among Fed10 eral, State, local, tribal, and Mexican law en11 forcement entities relating to border security; 

12 (F) the terrain, population density, and cli13 mate along the Southern border; and 

14 (G) the international agreements between 

15 the United States and Mexico related to border 

16 security. 

17 (4) CLASSIFIED FORM.—To the extent possible, 

18 the Secretary shall submit the Southern border 

19 threat analysis required under this subsection in un20 classified form, but may submit a portion of the 

21 threat analysis in classified form if the Secretary de22 termines such action is appropriate. 

23 (b) U.S. BORDER PATROL STRATEGIC PLAN.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the submission of the threat analysis required 


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1 under subsection (a) or June 30, 2018, and every 

2 five years thereafter, the Secretary, acting through 

3 the Chief of the U.S. Border Patrol, shall issue a 

4 Border Patrol Strategic Plan. 

5 (2) CONTENTS.—The Border Patrol Strategic 

6 Plan required under this subsection shall include a 

7 consideration of— 

8 (A) the Southern border threat analysis re9 quired under subsection (a), with an emphasis 

10 on efforts to mitigate threats identified in such 

11 threat analysis; 

12 (B) efforts to analyze and disseminate bor13 der security and border threat information be14 tween border security components of the De15 partment and other appropriate Federal depart16 ments and agencies with missions associated 

17 with the Southern border; 

18 (C) efforts to increase situational aware19 ness, including— 

20 (i) surveillance capabilities, including 

21 capabilities developed or utilized by the 

22 Department of Defense, and any appro23 priate technology determined to be excess 

24 by the Department of Defense; and 


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1 (ii) the use of manned aircraft and 

2 unmanned aerial systems, including cam3 era and sensor technology deployed on 

4 such assets; 

5 (D) efforts to detect and prevent terrorists 

6 and instruments of terrorism from entering the 

7 United States; 

8 (E) efforts to detect, interdict, and disrupt 

9 aliens and illicit drugs at the earliest possible 

10 point; 

11 (F) efforts to focus intelligence collection 

12 to disrupt transnational criminal organizations 

13 outside of the international and maritime bor14 ders of the United States; 

15 (G) efforts to ensure that any new border 

16 security technology can be operationally inte17 grated with existing technologies in use by the 

18 Department; 

19 (H) any technology required to maintain, 

20 support, and enhance security and facilitate 

21 trade at ports of entry, including nonintrusive 

22 detection equipment, radiation detection equip23 ment, biometric technology, surveillance sys24 tems, and other sensors and technology that the 

25 Secretary determines to be necessary; 


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1 (I) operational coordination unity of effort 

2 initiatives of the border security components of 

3 the Department, including any relevant task 

4 forces of the Department; 

5 (J) lessons learned from Operation 

6 Jumpstart and Operation Phalanx; 

7 (K) cooperative agreements and informa8 tion sharing with State, local, tribal, territorial, 

9 and other Federal law enforcement agencies 

10 that have jurisdiction on the Northern border 

11 or the Southern border; 

12 (L) border security information received 

13 from consultation with State, local, tribal, terri14 torial, and Federal law enforcement agencies 

15 that have jurisdiction on the Northern border 

16 or the Southern border, or in the maritime en17 vironment, and from border community stake18 holders (including through public meetings with 

19 such stakeholders), including representatives 

20 from border agricultural and ranching organiza21 tions and representatives from business and 

22 civic organizations along the Northern border 

23 or the Southern border; 

24 (M) staffing requirements for all depart25 mental border security functions; 


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1 (N) a prioritized list of departmental re2 search and development objectives to enhance 

3 the security of the Southern border; 

4 (O) an assessment of training programs, 

5 including training programs for— 

6 (i) identifying and detecting fraudu7 lent documents; 

8 (ii) understanding the scope of en9 forcement authorities and the use of force 

10 policies; and 

11 (iii) screening, identifying, and ad12 dressing vulnerable populations, such as 

13 children and victims of human trafficking; 

14 and 

15 (P) an assessment of how border security 

16 operations affect border crossing times. 

17 SEC. 1122. AMENDMENTS TO U.S. CUSTOMS AND BORDER 

18 PROTECTION. 

19 (a) DUTIES.—Subsection (c) of section 411 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 211) is amend21 ed— 

22 (1) in paragraph (18), by striking ‘‘and’’ after 

23 the semicolon at the end; 

24 (2) by redesignating paragraph (19) as para25 graph (21); and 


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1 (3) by inserting after paragraph (18) the fol2 lowing new paragraphs: 

3 ‘‘(19) administer the U.S. Customs and Border 

4 Protection public private partnerships under subtitle 

5 G; 

6 ‘‘(20) administer preclearance operations under 

7 the Preclearance Authorization Act of 2015 (19 

8 U.S.C. 4431 et seq.; enacted as subtitle B of title 

9 VIII of the Trade Facilitation and Trade Enforce10 ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 

11 (b) OFFICE OF FIELD OPERATIONS STAFFING.— 

12 Subparagraph (A) of section 411(g)(5) of the Homeland 

13 Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 

14 inserting before the period at the end the following: ‘‘com15 pared to the number indicated by the current fiscal year 

16 work flow staffing model’’. 

17 (c) IMPLEMENTATION PLAN.—Subparagraph (B) of 

18 section 814(e)(1) of the Preclearance Authorization Act 

19 of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 

20 title VIII of the Trade Facilitation and Trade Enforce21 ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 

22 to read as follows: 

23 ‘‘(B) a port of entry vacancy rate which 

24 compares the number of officers identified in 

25 subparagraph (A) with the number of officers 


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1 at the port at which such officer is currently as2 signed.’’. 

3 (d) DEFINITION.—Subsection (r) of section 411 of 

4 the Homeland Security Act of 2002 (6 U.S.C. 211) is 

5 amended— 

6 (1) by striking ‘‘this section, the terms’’ and in7 serting the following: ‘‘this section: 

8 ‘‘(1) the terms’’; 

9 (2) in paragraph (1), as added by subparagraph 

10 (A), by striking the period at the end and inserting 

11 ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) the term ‘unmanned aerial systems’ has 

15 the meaning given the term ‘unmanned aircraft sys16 tem’ in section 331 of the FAA Modernization and 

17 Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

18 40101 note).’’. 

19 SEC. 1123. AGENT AND OFFICER TECHNOLOGY USE. 

20 In carrying out section 102 of the Illegal Immigration 

21 Reform and Immigrant Responsibility Act of 1996 (as 

22 amended by section 1111 of this division) and section 

23 1113 of this division, the Secretary shall, to the greatest 

24 extent practicable, ensure that technology deployed to gain 

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1 der be provided to front-line officers and agents of the De2 partment of Homeland Security. 

3 SEC. 1124. INTEGRATED BORDER ENFORCEMENT TEAMS. 

4 (a) IN GENERAL.—Subtitle C of title IV of the 

5 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

6 as amended by section 1115 of this division, is further 

7 amended by adding at the end the following new section: 

8 ‘‘SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish within the Department a program to be known as the 

11 Integrated Border Enforcement Team program (referred 

12 to in this section as ‘IBET’). 

13 ‘‘(b) PURPOSE.—The Secretary shall administer the 

14 IBET program in a manner that results in a cooperative 

15 approach between the United States and Canada to— 

16 ‘‘(1) strengthen security between designated 

17 ports of entry; 

18 ‘‘(2) detect, prevent, investigate, and respond to 

19 terrorism and violations of law related to border se20 curity; 

21 ‘‘(3) facilitate collaboration among components 

22 and offices within the Department and international 

23 partners; 

24 ‘‘(4) execute coordinated activities in further25 ance of border security and homeland security; and 


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1 ‘‘(5) enhance information-sharing, including the 

2 dissemination of homeland security information 

3 among such components and offices. 

4 ‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 

5 ‘‘(1) COMPOSITION.—IBETs shall be led by the 

6 United States Border Patrol and may be comprised 

7 of personnel from the following: 

8 ‘‘(A) Other subcomponents of U.S. Cus9 toms and Border Protection. 

10 ‘‘(B) U.S. Immigration and Customs En11 forcement, led by Homeland Security Investiga12 tions. 

13 ‘‘(C) The Coast Guard, for the purpose of 

14 securing the maritime borders of the United 

15 States. 

16 ‘‘(D) Other Department personnel, as ap17 propriate. 

18 ‘‘(E) Other Federal departments and agen19 cies, as appropriate. 

20 ‘‘(F) Appropriate State law enforcement 

21 agencies. 

22 ‘‘(G) Foreign law enforcement partners. 

23 ‘‘(H) Local law enforcement agencies from 

24 affected border cities and communities. 


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1 ‘‘(I) Appropriate tribal law enforcement 

2 agencies. 

3 ‘‘(2) LOCATION.—The Secretary is authorized 

4 to establish IBETs in regions in which such teams 

5 can contribute to IBET missions, as appropriate. 

6 When establishing an IBET, the Secretary shall con7 sider the following: 

8 ‘‘(A) Whether the region in which the 

9 IBET would be established is significantly im10 pacted by cross-border threats. 

11 ‘‘(B) The availability of Federal, State, 

12 local, tribal, and foreign law enforcement re13 sources to participate in an IBET. 

14 ‘‘(C) Whether, in accordance with para15 graph (3), other joint cross-border initiatives al16 ready take place within the region in which the 

17 IBET would be established, including other De18 partment cross-border programs such as the In19 tegrated Cross-Border Maritime Law Enforce20 ment Operation Program established under sec21 tion 711 of the Coast Guard and Maritime 

22 Transportation Act of 2012 (46 U.S.C. 70101 

23 note) or the Border Enforcement Security Task 

24 Force established under section 432. 


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1 ‘‘(3) DUPLICATION OF EFFORTS.—In deter2 mining whether to establish a new IBET or to ex3 pand an existing IBET in a given region, the Sec4 retary shall ensure that the IBET under consider5 ation does not duplicate the efforts of other existing 

6 interagency task forces or centers within such re7 gion, including the Integrated Cross-Border Mari8 time Law Enforcement Operation Program estab9 lished under section 711 of the Coast Guard and 

10 Maritime Transportation Act of 2012 (46 U.S.C. 

11 70101 note) or the Border Enforcement Security 

12 Task Force established under section 432. 

13 ‘‘(d) OPERATION.— 

14 ‘‘(1) IN GENERAL.—After determining the re15 gions in which to establish IBETs, the Secretary 

16 may— 

17 ‘‘(A) direct the assignment of Federal per18 sonnel to such IBETs; and 

19 ‘‘(B) take other actions to assist Federal, 

20 State, local, and tribal entities to participate in 

21 such IBETs, including providing financial as22 sistance, as appropriate, for operational, admin23 istrative, and technological costs associated with 

24 such participation. 


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1 ‘‘(2) LIMITATION.—Coast Guard personnel as2 signed under paragraph (1) may be assigned only 

3 for the purposes of securing the maritime borders of 

4 the United States, in accordance with subsection 

5 (c)(1)(C). 

6 ‘‘(e) COORDINATION.—The Secretary shall coordinate 

7 the IBET program with other similar border security and 

8 antiterrorism programs within the Department in accord9 ance with the strategic objectives of the Cross-Border Law 

10 Enforcement Advisory Committee. 

11 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec12 retary may enter into memoranda of understanding with 

13 appropriate representatives of the entities specified in sub14 section (c)(1) necessary to carry out the IBET program. 

15 ‘‘(g) REPORT.—Not later than 180 days after the 

16 date on which an IBET is established and biannually 

17 thereafter for the following six years, the Secretary shall 

18 submit to the appropriate congressional committees, in19 cluding the Committee on Homeland Security of the 

20 House of Representatives and the Committee on Home21 land Security and Governmental Affairs of the Senate, 

22 and in the case of Coast Guard personnel used to secure 

23 the maritime borders of the United States, additionally to 

24 the Committee on Transportation and Infrastructure of 

25 the House of Representatives, a report that— 


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1 ‘‘(1) describes the effectiveness of IBETs in ful2 filling the purposes specified in subsection (b); 

3 ‘‘(2) assess the impact of certain challenges on 

4 the sustainment of cross-border IBET operations, 

5 including challenges faced by international partners; 

6 ‘‘(3) addresses ways to support joint training 

7 for IBET stakeholder agencies and radio interoper8 ability to allow for secure cross-border radio commu9 nications; and 

10 ‘‘(4) assesses how IBETs, Border Enforcement 

11 Security Task Forces, and the Integrated Cross-Bor12 der Maritime Law Enforcement Operation Program 

13 can better align operations, including interdiction 

14 and investigation activities.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of the Homeland Security Act of 2002 is 

17 amended by adding after the item relating to section 435 

18 the following new item: 

‘‘Sec. 436. Integrated Border Enforcement Teams.’’. 

19 SEC. 1125. TUNNEL TASK FORCES. 

20 The Secretary is authorized to establish Tunnel Task 

21 Forces for the purposes of detecting and remediating tun22 nels that breach the international border of the United 

23 States. 


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1 SEC. 1126. PILOT PROGRAM ON USE OF ELECTRO2 MAGNETIC SPECTRUM IN SUPPORT OF BOR3 DER SECURITY OPERATIONS. 

4 (a) IN GENERAL.—The Commissioner of U.S. Cus5 toms and Border Protection, in consultation with the As6 sistant Secretary of Commerce for Communications and 

7 Information, shall conduct a pilot program to test and 

8 evaluate the use of electromagnetic spectrum by U.S. Cus9 toms and Border Protection in support of border security 

10 operations through— 

11 (1) ongoing management and monitoring of 

12 spectrum to identify threats such as unauthorized 

13 spectrum use, and the jamming and hacking of 

14 United States communications assets, by persons en15 gaged in criminal enterprises; 

16 (2) automated spectrum management to enable 

17 greater efficiency and speed for U.S. Customs and 

18 Border Protection in addressing emerging challenges 

19 in overall spectrum use on the United States border; 

20 and 

21 (3) coordinated use of spectrum resources to 

22 better facilitate interoperability and interagency co23 operation and interdiction efforts at or near the 

24 United States border. 

25 (b) REPORT TO CONGRESS.—Not later than 180 days 

26 after the conclusion of the pilot program conducted under 


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1 subsection (a), the Commissioner of U.S. Customs and 

2 Border Protection shall submit to the Committee on 

3 Homeland Security and the Committee on Energy and 

4 Commerce of the House of Representatives and the Com5 mittee on Homeland Security and Governmental Affairs 

6 and the Committee on Commerce, Science, and Transpor7 tation of the Senate a report on the findings and data 

8 derived from such program. 

9 SEC. 1127. HOMELAND SECURITY FOREIGN ASSISTANCE. 

10 (a) IN GENERAL.—Subtitle C of title IV of the 

11 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

12 as amended by sections 1115 and 1124 of this division, 

13 is further amended by adding at the end the following new 

14 section: 

15 ‘‘SEC. 437. SECURITY ASSISTANCE. 

16 ‘‘(a) IN GENERAL.—The Secretary, with the concur17 rence of the Secretary of State, may provide to a foreign 

18 government, financial assistance and, with or without re19 imbursement, security assistance, including equipment, 

20 training, maintenance, supplies, and sustainment support. 

21 ‘‘(b) DETERMINATION.—The Secretary may only pro22 vide financial assistance or security assistance pursuant 

23 to subsection (a) if the Secretary determines that such as24 sistance would enhance the recipient government’s capac25 ity to— 


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1 ‘‘(1) mitigate the risk or threat of transnational 

2 organized crime and terrorism; 

3 ‘‘(2) address irregular migration flows that may 

4 affect the United States, including any detention or 

5 removal operations of the recipient government; or 

6 ‘‘(3) protect and expedite legitimate trade and 

7 travel. 

8 ‘‘(c) LIMITATION ON TRANSFER.—The Secretary 

9 may not— 

10 ‘‘(1) transfer any equipment or supplies that 

11 are designated as a munitions item or controlled on 

12 the United States Munitions List, pursuant to sec13 tion 38 of the Foreign Military Sales Act (22 U.S.C. 

14 2778); or 

15 ‘‘(2) transfer any vessel or aircraft pursuant to 

16 this section. 

17 ‘‘(d) RELATED TRAINING.—In conjunction with a 

18 transfer of equipment pursuant to subsection (a), the Sec19 retary may provide such equipment-related training and 

20 assistance as the Secretary determines necessary. 

21 ‘‘(e) MAINTENANCE OF TRANSFERRED EQUIP22 MENT.—The Secretary may provide for the maintenance 

23 of transferred equipment through service contracts or 

24 other means, with or without reimbursement, as the Sec25 retary determines necessary. 


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1 ‘‘(f) REIMBURSEMENT OF EXPENSES.— 

2 ‘‘(1) IN GENERAL.—The Secretary may collect 

3 payment from the receiving entity for the provision 

4 of security assistance under this section, including 

5 equipment, training, maintenance, supplies, 

6 sustainment support, and related shipping costs. 

7 ‘‘(2) TRANSFER.—Notwithstanding any other 

8 provision of law, to the extent the Secretary does not 

9 collect payment pursuant to paragraph (1), any 

10 amounts appropriated or otherwise made available to 

11 the Department of Homeland Security may be trans12 ferred to the account that finances the security as13 sistance provided pursuant to subsection (a). 

14 ‘‘(g) RECEIPTS CREDITED AS OFFSETTING COLLEC15 TIONS.—Notwithstanding section 3302 of title 31, United 

16 States Code, any reimbursement collected pursuant to 

17 subsection (f) shall— 

18 ‘‘(1) be credited as offsetting collections to the 

19 account that finances the security assistance under 

20 this section for which such reimbursement is re21 ceived; and 

22 ‘‘(2) remain available until expended for the 

23 purpose of carrying out this section. 


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1 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed as affecting, augmenting, or dimin3 ishing the authority of the Secretary of State.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 is 

6 amended by inserting after the item relating to section 

7 436 the following new item: 

‘‘Sec. 437. Security assistance.’’. 

8 Subtitle B—Personnel 

9 SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PRO10 TECTION AGENTS AND OFFICERS. 

11 (a) BORDER PATROL AGENTS.—Not later than Sep12 tember 30, 2022, the Commissioner shall hire, train, and 

13 assign sufficient agents to maintain an active duty pres14 ence of not fewer than 26,370 full-time equivalent agents. 

15 (b) CBP OFFICERS.—In addition to positions author16 ized before the date of the enactment of this Act and any 

17 existing officer vacancies within U.S. Customs and Border 

18 Protection as of such date, the Commissioner shall hire, 

19 train, and assign to duty, not later than September 30, 

20 2022— 

21 (1) sufficient U.S. Customs and Border Protec22 tion officers to maintain an active duty presence of 

23 not fewer than 27,725 full-time equivalent officers; 

24 and 


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1 (2) 350 full-time support staff distributed 

2 among all United States ports of entry. 

3 (c) AIR AND MARINE OPERATIONS.—Not later than 

4 September 30, 2022, the Commissioner shall hire, train, 

5 and assign sufficient agents for Air and Marine Oper6 ations of U.S. Customs and Border Protection to maintain 

7 not fewer than 1,675 full-time equivalent agents and not 

8 fewer than 264 Marine and Air Interdiction Agents for 

9 southern border air and maritime operations. 

10 (d) U.S. CUSTOMS AND BORDER PROTECTION K–9 

11 UNITS AND HANDLERS.— 

12 (1) K–9 UNITS.—Not later than September 30, 

13 2022, the Commissioner shall deploy not fewer than 

14 300 new K–9 units, with supporting officers of U.S. 

15 Customs and Border Protection and other required 

16 staff, at land ports of entry and checkpoints, on the 

17 southern border and the northern border. 

18 (2) USE OF CANINES.—The Commissioner shall 

19 prioritize the use of canines at the primary inspec20 tion lanes at land ports of entry and checkpoints. 

21 (e) U.S. CUSTOMS AND BORDER PROTECTION

22 HORSEBACK UNITS.— 

23 (1) INCREASE.—Not later than September 30, 

24 2022, the Commissioner shall increase the number 

25 of horseback units, with supporting officers of U.S. 


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1 Customs and Border Protection and other required 

2 staff, by not fewer than 100 officers and 50 horses 

3 for security patrol along the Southern border. 

4 (2) HORSEBACK UNIT SUPPORT.—The Commis5 sioner shall construct new stables, maintain and im6 prove existing stables, and provide other resources 

7 needed to maintain the health and well-being of the 

8 horses that serve in the horseback units of U.S. Cus9 toms and Border Protection. 

10 (f) U.S. CUSTOMS AND BORDER PROTECTION

11 SEARCH TRAUMA AND RESCUE TEAMS.—Not later than 

12 September 30, 2022, the Commissioner shall increase by 

13 not fewer than 50 the number of officers engaged in 

14 search and rescue activities along the southern border. 

15 (g) U.S. CUSTOMS AND BORDER PROTECTION TUN16 NEL DETECTION AND TECHNOLOGY PROGRAM.—Not 

17 later than September 30, 2022, the Commissioner shall 

18 increase by not fewer than 50 the number of officers as19 sisting task forces and activities related to deployment and 

20 operation of border tunnel detection technology and appre21 hensions of individuals using such tunnels for crossing 

22 into the United States, drug trafficking, or human smug23 gling. 

24 (h) AGRICULTURAL SPECIALISTS.—Not later than 

25 September 30, 2022, the Secretary shall hire, train, and 


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1 assign to duty, in addition to the officers and agents au2 thorized under subsections (a) through (g), 631 U.S. Cus3 toms and Border Protection agricultural specialists to 

4 ports of entry along the southern border and the northern 

5 border. 

6 (i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

7 Not later than September 30, 2022, the Commissioner 

8 shall hire, train, and assign sufficient Office of Profes9 sional Responsibility special agents to maintain an active 

10 duty presence of not fewer than 550 full-time equivalent 

11 special agents. 

12 (j) U.S. CUSTOMS AND BORDER PROTECTION OF13 FICE OF INTELLIGENCE.—Not later than September 30, 

14 2022, the Commissioner shall hire, train, and assign suffi15 cient Office of Intelligence personnel to maintain not fewer 

16 than 700 full-time equivalent employees. 

17 (k) GAO REPORT.—If the staffing levels required 

18 under this section are not achieved by September 30, 

19 2022, the Comptroller General of the United States shall 

20 conduct a review of the reasons why such levels were not 

21 achieved. 


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1 SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RE2 TENTION INCENTIVES. 

3 (a) IN GENERAL.—Chapter 97 of title 5, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 9702. U.S. Customs and Border Protection tem7 porary employment authorities 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘CBP employee’ means an em10 ployee of U.S. Customs and Border Protection de11 scribed under any of subsections (a) through (h) of 

12 section 1131 of the Border Security for America Act 

13 of 2018; 

14 ‘‘(2) the term ‘Commissioner’ means the Com15 missioner of U.S. Customs and Border Protection; 

16 ‘‘(3) the term ‘Director’ means the Director of 

17 the Office of Personnel Management; 

18 ‘‘(4) the term ‘Secretary’ means the Secretary 

19 of Homeland Security; and 

20 ‘‘(5) the term ‘appropriate congressional com21 mittees’ means the Committee on Oversight and 

22 Government Reform, the Committee on Homeland 

23 Security, and the Committee on Ways and Means of 

24 the House of Representatives and the Committee on 

25 Homeland Security and Governmental Affairs and 

26 the Committee on Finance of the Senate. 


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1 ‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND

2 RELOCATION BONUSES; RETENTION BONUSES.— 

3 ‘‘(1) STATEMENT OF PURPOSE AND LIMITA4 TION.—The purpose of this subsection is to allow 

5 U.S. Customs and Border Protection to expedi6 tiously meet the hiring goals and staffing levels re7 quired by section 1131 of the Border Security for 

8 America Act of 2018. The Secretary shall not use 

9 this authority beyond meeting the requirements of 

10 such section. 

11 ‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 

12 may appoint, without regard to any provision of sec13 tions 3309 through 3319, candidates to positions in 

14 the competitive service as CBP employees if the Sec15 retary has given public notice for the positions. 

16 ‘‘(3) RECRUITMENT AND RELOCATION BO17 NUSES.—The Secretary may pay a recruitment or 

18 relocation bonus of up to 50 percent of the annual 

19 rate of basic pay to an individual CBP employee at 

20 the beginning of the service period multiplied by the 

21 number of years (including a fractional part of a 

22 year) in the required service period to an individual 

23 (other than an individual described in subsection 

24 (a)(2) of section 5753) if— 


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1 ‘‘(A) the Secretary determines that condi2 tions consistent with the conditions described in 

3 paragraphs (1) and (2) of subsection (b) of 

4 such section 5753 are satisfied with respect to 

5 the individual (without regard to the regula6 tions referenced in subsection (b)(2)(B(ii)(I) of 

7 such section or to any other provision of that 

8 section); and 

9 ‘‘(B) the individual enters into a written 

10 service agreement with the Secretary— 

11 ‘‘(i) under which the individual is re12 quired to complete a period of employment 

13 as a CBP employee of not less than 2 

14 years; and 

15 ‘‘(ii) that includes— 

16 ‘‘(I) the commencement and ter17 mination dates of the required service 

18 period (or provisions for the deter19 mination thereof); 

20 ‘‘(II) the amount of the bonus; 

21 and 

22 ‘‘(III) other terms and conditions 

23 under which the bonus is payable, 

24 subject to the requirements of this 

25 subsection, including— 


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1 ‘‘(aa) the conditions under 

2 which the agreement may be ter3 minated before the agreed-upon 

4 service period has been com5 pleted; and 

6 ‘‘(bb) the effect of a termi7 nation described in item (aa). 

8 ‘‘(4) RETENTION BONUSES.—The Secretary 

9 may pay a retention bonus of up to 50 percent of 

10 basic pay to an individual CBP employee (other than 

11 an individual described in subsection (a)(2) of sec12 tion 5754) if— 

13 ‘‘(A) the Secretary determines that— 

14 ‘‘(i) a condition consistent with the 

15 condition described in subsection (b)(1) of 

16 such section 5754 is satisfied with respect 

17 to the CBP employee (without regard to 

18 any other provision of that section); 

19 ‘‘(ii) in the absence of a retention 

20 bonus, the CBP employee would be likely 

21 to leave— 

22 ‘‘(I) the Federal service; or 

23 ‘‘(II) for a different position in 

24 the Federal service, including a posi25 tion in another agency or component 


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1 of the Department of Homeland Secu2 rity; and 

3 ‘‘(B) the individual enters into a written 

4 service agreement with the Secretary— 

5 ‘‘(i) under which the individual is re6 quired to complete a period of employment 

7 as a CBP employee of not less than 2 

8 years; and 

9 ‘‘(ii) that includes— 

10 ‘‘(I) the commencement and ter11 mination dates of the required service 

12 period (or provisions for the deter13 mination thereof); 

14 ‘‘(II) the amount of the bonus; 

15 and 

16 ‘‘(III) other terms and conditions 

17 under which the bonus is payable, 

18 subject to the requirements of this 

19 subsection, including— 

20 ‘‘(aa) the conditions under 

21 which the agreement may be ter22 minated before the agreed-upon 

23 service period has been com24 pleted; and 


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1 ‘‘(bb) the effect of a termi2 nation described in item (aa). 

3 ‘‘(5) RULES FOR BONUSES.— 

4 ‘‘(A) MAXIMUM BONUS.—A bonus paid to 

5 an employee under— 

6 ‘‘(i) paragraph (3) may not exceed 

7 100 percent of the annual rate of basic pay 

8 of the employee as of the commencement 

9 date of the applicable service period; and 

10 ‘‘(ii) paragraph (4) may not exceed 50 

11 percent of the annual rate of basic pay of 

12 the employee. 

13 ‘‘(B) RELATIONSHIP TO BASIC PAY.—A 

14 bonus paid to an employee under paragraph (3) 

15 or (4) shall not be considered part of the basic 

16 pay of the employee for any purpose, including 

17 for retirement or in computing a lump-sum pay18 ment to the covered employee for accumulated 

19 and accrued annual leave under section 5551 or 

20 section 5552. 

21 ‘‘(C) PERIOD OF SERVICE FOR RECRUIT22 MENT, RELOCATION, AND RETENTION BO23 NUSES.— 

24 ‘‘(i) A bonus paid to an employee 

25 under paragraph (4) may not be based on 


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1 any period of such service which is the 

2 basis for a recruitment or relocation bonus 

3 under paragraph (3). 

4 ‘‘(ii) A bonus paid to an employee 

5 under paragraph (3) or (4) may not be 

6 based on any period of service which is the 

7 basis for a recruitment or relocation bonus 

8 under section 5753 or a retention bonus 

9 under section 5754. 

10 ‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir11 cumstances described in subsection (b) of section 5305, 

12 the Director may establish special rates of pay in accord13 ance with that section to assist the Secretary in meeting 

14 the requirements of section 1131 of the Border Security 

15 for America Act of 2018. The Director shall prioritize the 

16 consideration of requests from the Secretary for such spe17 cial rates of pay and issue a decision as soon as prac18 ticable. The Secretary shall provide such information to 

19 the Director as the Director deems necessary to evaluate 

20 special rates of pay under this subsection. 

21 ‘‘(d) OPM OVERSIGHT.— 

22 ‘‘(1) Not later than September 30 of each year, 

23 the Secretary shall provide a report to the Director 

24 on U.S. Customs and Border Protection’s use of au25 thorities provided under subsections (b) and (c). In 


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1 each report, the Secretary shall provide such infor2 mation as the Director determines is appropriate to 

3 ensure appropriate use of authorities under such 

4 subsections. Each report shall also include an assess5 ment of— 

6 ‘‘(A) the impact of the use of authorities 

7 under subsections (b) and (c) on implementa8 tion of section 1131 of the Border Security for 

9 America Act of 2018; 

10 ‘‘(B) solving hiring and retention chal11 lenges at the agency, including at specific loca12 tions; 

13 ‘‘(C) whether hiring and retention chal14 lenges still exist at the agency or specific loca15 tions; and 

16 ‘‘(D) whether the Secretary needs to con17 tinue to use authorities provided under this sec18 tion at the agency or at specific locations. 

19 ‘‘(2) CONSIDERATION.—In compiling a report 

20 under paragraph (1), the Secretary shall consider— 

21 ‘‘(A) whether any CBP employee accepted 

22 an employment incentive under subsection (b) 

23 and (c) and then transferred to a new location 

24 or left U.S. Customs and Border Protection; 

25 and 


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1 ‘‘(B) the length of time that each employee 

2 identified under subparagraph (A) stayed at the 

3 original location before transferring to a new lo4 cation or leaving U.S. Customs and Border 

5 Protection. 

6 ‘‘(3) DISTRIBUTION.—In addition to the Direc7 tor, the Secretary shall submit each report required 

8 under this subsection to the appropriate congres9 sional committees. 

10 ‘‘(e) OPM ACTION.—If the Director determines the 

11 Secretary has inappropriately used authorities under sub12 section (b) or a special rate of pay provided under sub13 section (c), the Director shall notify the Secretary and the 

14 appropriate congressional committees in writing. Upon re15 ceipt of the notification, the Secretary may not make any 

16 new appointments or issue any new bonuses under sub17 section (b), nor provide CBP employees with further spe18 cial rates of pay, until the Director has provided the Sec19 retary and the appropriate congressional committees a 

20 written notice stating the Director is satisfied safeguards 

21 are in place to prevent further inappropriate use. 

22 ‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 

23 ‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 

24 Not later than 180 days after the date of the enact25 ment of this section, and in conjunction with the 


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1 Chief Human Capital Officer of the Department of 

2 Homeland Security, the Secretary shall develop and 

3 implement a strategy to improve the education re4 garding hiring and human resources flexibilities (in5 cluding hiring and human resources flexibilities for 

6 locations in rural or remote areas) for all employees, 

7 serving in agency headquarters or field offices, who 

8 are involved in the recruitment, hiring, assessment, 

9 or selection of candidates for locations in a rural or 

10 remote area, as well as the retention of current em11 ployees. 

12 ‘‘(2) ELEMENTS.—Elements of the strategy 

13 under paragraph (1) shall include the following: 

14 ‘‘(A) Developing or updating training and 

15 educational materials on hiring and human re16 sources flexibilities for employees who are in17 volved in the recruitment, hiring, assessment, or 

18 selection of candidates, as well as the retention 

19 of current employees. 

20 ‘‘(B) Regular training sessions for per21 sonnel who are critical to filling open positions 

22 in rural or remote areas. 

23 ‘‘(C) The development of pilot programs or 

24 other programs, as appropriate, consistent with 

25 authorities provided to the Secretary to address 


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1 identified hiring challenges, including in rural 

2 or remote areas. 

3 ‘‘(D) Developing and enhancing strategic 

4 recruiting efforts through the relationships with 

5 institutions of higher education, as defined in 

6 section 102 of the Higher Education Act of 

7 1965 (20 U.S.C. 1002), veterans transition and 

8 employment centers, and job placement pro9 gram in regions that could assist in filling posi10 tions in rural or remote areas. 

11 ‘‘(E) Examination of existing agency pro12 grams on how to most effectively aid spouses 

13 and families of individuals who are candidates 

14 or new hires in a rural or remote area. 

15 ‘‘(F) Feedback from individuals who are 

16 candidates or new hires at locations in a rural 

17 or remote area, including feedback on the qual18 ity of life in rural or remote areas for new hires 

19 and their families. 

20 ‘‘(G) Feedback from CBP employees, other 

21 than new hires, who are stationed at locations 

22 in a rural or remote area, including feedback on 

23 the quality of life in rural or remote areas for 

24 those CBP employees and their families. 


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1 ‘‘(H) Evaluation of Department of Home2 land Security internship programs and the use3 fulness of those programs in improving hiring 

4 by the Secretary in rural or remote areas. 

5 ‘‘(3) EVALUATION.— 

6 ‘‘(A) IN GENERAL.—Each year, the Sec7 retary shall— 

8 ‘‘(i) evaluate the extent to which the 

9 strategy developed and implemented under 

10 paragraph (1) has improved the hiring and 

11 retention ability of the Secretary; and 

12 ‘‘(ii) make any appropriate updates to 

13 the strategy under paragraph (1). 

14 ‘‘(B) INFORMATION.—The evaluation con15 ducted under subparagraph (A) shall include— 

16 ‘‘(i) any reduction in the time taken 

17 by the Secretary to fill mission-critical po18 sitions, including in rural or remote areas; 

19 ‘‘(ii) a general assessment of the im20 pact of the strategy implemented under 

21 paragraph (1) on hiring challenges, includ22 ing in rural or remote areas; and 

23 ‘‘(iii) other information the Secretary 

24 determines relevant. 


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1 ‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 

2 two years after the date of the enactment of this section, 

3 the Inspector General of the Department of Homeland Se4 curity shall review the use of hiring and pay flexibilities 

5 under subsections (b) and (c) to determine whether the 

6 use of such flexibilities is helping the Secretary meet hir7 ing and retention needs, including in rural and remote 

8 areas. 

9 ‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec10 retary shall report to the appropriate congressional com11 mittees on the number of requests the Secretary receives 

12 from any other Federal agency for the file of an applicant 

13 for a position in U.S. Customs and Border Protection that 

14 includes the results of a polygraph examination. 

15 ‘‘(i) EXERCISE OF AUTHORITY.— 

16 ‘‘(1) SOLE DISCRETION.—The exercise of au17 thority under subsection (b) shall be subject to the 

18 sole and exclusive discretion of the Secretary (or the 

19 Commissioner, as applicable under paragraph (2) of 

20 this subsection), notwithstanding chapter 71 and 

21 any collective bargaining agreement. 

22 ‘‘(2) DELEGATION.—The Secretary may dele23 gate any authority under this section to the Com24 missioner. 


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1 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to exempt the Secretary or the Di3 rector from applicability of the merit system principles 

4 under section 2301. 

5 ‘‘(k) SUNSET.—The authorities under subsections (b) 

6 and (c) shall terminate on September 30, 2022. Any bonus 

7 to be paid pursuant to subsection (b) that is approved be8 fore such date may continue until such bonus has been 

9 paid, subject to the conditions specified in this section.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of sections for chapter 97 of title 5, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

‘‘9702. U.S. Customs and Border Protection temporary employment authorities.’’. 

14 SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION 

15 ACT. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘Anti-Border Corruption Reauthorization Act of 2018’’. 

18 (b) HIRING FLEXIBILITY.—Section 3 of the Anti19 Border Corruption Act of 2010 (6 U.S.C. 221) is amended 

20 by striking subsection (b) and inserting the following new 

21 subsections: 

22 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 

23 U.S. Customs and Border Protection may waive the appli24 cation of subsection (a)(1)— 


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1 ‘‘(1) to a current, full-time law enforcement of2 ficer employed by a State or local law enforcement 

3 agency who— 

4 ‘‘(A) has continuously served as a law en5 forcement officer for not fewer than three 

6 years; 

7 ‘‘(B) is authorized by law to engage in or 

8 supervise the prevention, detection, investiga9 tion, or prosecution of, or the incarceration of 

10 any person for, any violation of law, and has 

11 statutory powers for arrest or apprehension; 

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 offi18 cer position; and 

19 ‘‘(D) has, within the past ten years, suc20 cessfully completed a polygraph examination as 

21 a condition of employment with such officer’s 

22 current law enforcement agency; 

23 ‘‘(2) to a current, full-time Federal law enforce24 ment officer who— 


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1 ‘‘(A) has continuously served as a law en2 forcement officer for not fewer than three 

3 years; 

4 ‘‘(B) is authorized to make arrests, con5 duct investigations, conduct searches, make sei6 zures, carry firearms, and serve orders, war7 rants, and other processes; 

8 ‘‘(C) is not currently under investigation, 

9 has not been found to have engaged in criminal 

10 activity or serious misconduct, has not resigned 

11 from a law enforcement officer position under 

12 investigation or in lieu of termination, and has 

13 not been dismissed from a law enforcement offi14 cer position; and 

15 ‘‘(D) holds a current Tier 4 background 

16 investigation or current Tier 5 background in17 vestigation; and 

18 ‘‘(3) to a member of the Armed Forces (or a re19 serve component thereof) or a veteran, if such indi20 vidual— 

21 ‘‘(A) has served in the Armed Forces for 

22 not fewer than three years; 

23 ‘‘(B) holds, or has held within the past five 

24 years, a Secret, Top Secret, or Top Secret/Sen25 sitive Compartmented Information clearance; 


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1 ‘‘(C) holds, or has undergone within the 

2 past five years, a current Tier 4 background in3 vestigation or current Tier 5 background inves4 tigation; 

5 ‘‘(D) received, or is eligible to receive, an 

6 honorable discharge from service in the Armed 

7 Forces and has not engaged in criminal activity 

8 or committed a serious military or civil offense 

9 under the Uniform Code of Military Justice; 

10 and 

11 ‘‘(E) was not granted any waivers to ob12 tain the clearance referred to subparagraph 

13 (B). 

14 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 

15 authority to issue a waiver under subsection (b) shall ter16 minate on the date that is four years after the date of 

17 the enactment of the Border Security for America Act of 

18 2018.’’. 

19 (c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND

20 DEFINITIONS.— 

21 (1) SUPPLEMENTAL COMMISSIONER AUTHOR22 ITY.—Section 4 of the Anti-Border Corruption Act 

23 of 2010 is amended to read as follows: 


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1 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

2 ‘‘(a) NON-EXEMPTION.—An individual who receives 

3 a waiver under section 3(b) is not exempt from other hir4 ing requirements relating to suitability for employment 

5 and eligibility to hold a national security designated posi6 tion, as determined by the Commissioner of U.S. Customs 

7 and Border Protection. 

8 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi9 vidual who receives a waiver under section 3(b) who holds 

10 a current Tier 4 background investigation shall be subject 

11 to a Tier 5 background investigation. 

12 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA13 TION.—The Commissioner of U.S. Customs and Border 

14 Protection is authorized to administer a polygraph exam15 ination to an applicant or employee who is eligible for or 

16 receives a waiver under section 3(b) if information is dis17 covered before the completion of a background investiga18 tion that results in a determination that a polygraph ex19 amination is necessary to make a final determination re20 garding suitability for employment or continued employ21 ment, as the case may be.’’. 

22 (2) REPORT.—The Anti-Border Corruption Act 

23 of 2010, as amended by paragraph (1), is further 

24 amended by adding at the end the following new sec25 tion: 


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1 ‘‘SEC. 5. REPORTING. 

2 ‘‘(a) ANNUAL REPORT.—Not later than one year 

3 after the date of the enactment of this section and annu4 ally thereafter while the waiver authority under section 

5 3(b) is in effect, the Commissioner of U.S. Customs and 

6 Border Protection shall submit to Congress a report that 

7 includes, with respect to each such reporting period— 

8 ‘‘(1) the number of waivers requested, granted, 

9 and denied under section 3(b); 

10 ‘‘(2) the reasons for any denials of such waiver; 

11 ‘‘(3) the percentage of applicants who were 

12 hired after receiving a waiver; 

13 ‘‘(4) the number of instances that a polygraph 

14 was administered to an applicant who initially re15 ceived a waiver and the results of such polygraph; 

16 ‘‘(5) an assessment of the current impact of the 

17 polygraph waiver program on filling law enforcement 

18 positions at U.S. Customs and Border Protection; 

19 and 

20 ‘‘(6) additional authorities needed by U.S. Cus21 toms and Border Protection to better utilize the 

22 polygraph waiver program for its intended goals. 

23 ‘‘(b) ADDITIONAL INFORMATION.—The first report 

24 submitted under subsection (a) shall include— 

25 ‘‘(1) an analysis of other methods of employ26 ment suitability tests that detect deception and could 


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1 be used in conjunction with traditional background 

2 investigations to evaluate potential employees for 

3 suitability; and 

4 ‘‘(2) a recommendation regarding whether a 

5 test referred to in paragraph (1) should be adopted 

6 by U.S. Customs and Border Protection when the 

7 polygraph examination requirement is waived pursu8 ant to section 3(b).’’. 

9 (3) DEFINITIONS.—The Anti-Border Corrup10 tion Act of 2010, as amended by paragraphs (1) and 

11 (2), is further amended by adding at the end the fol12 lowing new section: 

13 ‘‘SEC. 6. DEFINITIONS. 

14 ‘‘In this Act: 

15 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 

16 The term ‘Federal law enforcement officer’ means a 

17 ‘law enforcement officer’ defined in section 8331(20) 

18 or 8401(17) of title 5, United States Code. 

19 ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 

20 The term ‘serious military or civil offense’ means an 

21 offense for which— 

22 ‘‘(A) a member of the Armed Forces may 

23 be discharged or separated from service in the 

24 Armed Forces; and 


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1 ‘‘(B) a punitive discharge is, or would be, 

2 authorized for the same or a closely related of3 fense under the Manual for Court-Martial, as 

4 pursuant to Army Regulation 635–200 chapter 

5 14–12. 

6 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 

7 ‘Tier 5’ with respect to background investigations 

8 have the meaning given such terms under the 2012 

9 Federal Investigative Standards. 

10 ‘‘(4) VETERAN.—The term ‘veteran’ has the 

11 meaning given such term in section 101(2) of title 

12 38, United States Code.’’. 

13 (d) POLYGRAPH EXAMINERS.—Not later than Sep14 tember 30, 2022, the Secretary shall increase to not fewer 

15 than 150 the number of trained full-time equivalent poly16 graph examiners for administering polygraphs under the 

17 Anti-Border Corruption Act of 2010, as amended by this 

18 subtitle. 

19 SEC. 1134. TRAINING FOR OFFICERS AND AGENTS OF U.S. 

20 CUSTOMS AND BORDER PROTECTION. 

21 (a) IN GENERAL.—Subsection (l) of section 411 of 

22 the Homeland Security Act of 2002 (6 U.S.C. 211) is 

23 amended to read as follows: 

24 ‘‘(l) TRAINING AND CONTINUING EDUCATION.— 


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1 ‘‘(1) MANDATORY TRAINING.—The Commis2 sioner shall ensure that every agent and officer of 

3 U.S. Customs and Border Protection receives a min4 imum of 21 weeks of training that are directly re5 lated to the mission of the U.S. Border Patrol, Air 

6 and Marine, and the Office of Field Operations be7 fore the initial assignment of such agents and offi8 cers. 

9 ‘‘(2) FLETC.—The Commissioner shall work 

10 in consultation with the Director of the Federal Law 

11 Enforcement Training Centers to establish guide12 lines and curriculum for the training of agents and 

13 officers of U.S. Customs and Border Protection 

14 under subsection (a). 

15 ‘‘(3) CONTINUING EDUCATION.—The Commis16 sioner shall annually require all agents and officers 

17 of U.S. Customs and Border Protection who are re18 quired to undergo training under subsection (a) to 

19 participate in not fewer than eight hours of con20 tinuing education annually to maintain and update 

21 understanding of Federal legal rulings, court deci22 sions, and Department policies, procedures, and 

23 guidelines related to relevant subject matters. 

24 ‘‘(4) LEADERSHIP TRAINING.—Not later than 

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1 section, the Commissioner shall develop and require 

2 training courses geared towards the development of 

3 leadership skills for mid- and senior-level career em4 ployees not later than one year after such employees 

5 assume duties in supervisory roles.’’. 

6 (b) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Commissioner shall sub8 mit to the Committee on Homeland Security and the Com9 mittee on Ways and Means of the House of Representa10 tives and the Committee on Homeland Security and Gov11 ernmental Affairs and the Committee on Finance of the 

12 Senate a report identifying the guidelines and curriculum 

13 established to carry out subsection (l) of section 411 of 

14 the Homeland Security Act of 2002, as amended by sub15 section (a) of this section. 

16 (c) ASSESSMENT.—Not later than four years after 

17 the date of the enactment of this Act, the Comptroller 

18 General of the United States shall submit to the Com19 mittee on Homeland Security and the Committee on Ways 

20 and Means of the House of Representatives and the Com21 mittee on Homeland Security and Governmental Affairs 

22 and the Committee on Finance of the Senate a report that 

23 assesses the training and education, including continuing 

24 education, required under subsection (l) of section 411 of 


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1 the Homeland Security Act of 2002, as amended by sub2 section (a) of this section. 

3 Subtitle C—Grants 

4 SEC. 1141. OPERATION STONEGARDEN. 

5 (a) IN GENERAL.—Subtitle A of title XX of the 

6 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

7 is amended by adding at the end the following new section: 

8 ‘‘SEC. 2009. OPERATION STONEGARDEN. 

9 ‘‘(a) ESTABLISHMENT.—There is established in the 

10 Department a program to be known as ‘Operation 

11 Stonegarden’, under which the Secretary, acting through 

12 the Administrator, shall make grants to eligible law en13 forcement agencies, through the State administrative 

14 agency, to enhance border security in accordance with this 

15 section. 

16 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re17 ceive a grant under this section, a law enforcement agen18 cy— 

19 ‘‘(1) shall be located in— 

20 ‘‘(A) a State bordering Canada or Mexico; 

21 or 

22 ‘‘(B) a State or territory with a maritime 

23 border; and 

24 ‘‘(2) shall be involved in an active, ongoing, 

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1 ordinated through a U.S. Border Patrol sector of2 fice. 

3 ‘‘(c) PERMITTED USES.—The recipient of a grant 

4 under this section may use such grant for— 

5 ‘‘(1) equipment, including maintenance and 

6 sustainment costs; 

7 ‘‘(2) personnel, including overtime and backfill, 

8 in support of enhanced border law enforcement ac9 tivities; 

10 ‘‘(3) any activity permitted for Operation 

11 Stonegarden under the Department of Homeland 

12 Security’s Fiscal Year 2017 Homeland Security 

13 Grant Program Notice of Funding Opportunity; and 

14 ‘‘(4) any other appropriate activity, as deter15 mined by the Administrator, in consultation with the 

16 Commissioner of U.S. Customs and Border Protec17 tion. 

18 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 

19 shall award grants under this section to grant recipients 

20 for a period of not less than 36 months. 

21 ‘‘(e) REPORT.—For each of fiscal years 2018 through 

22 2022, the Administrator shall submit to the Committee 

23 on Homeland Security and Governmental Affairs of the 

24 Senate and the Committee on Homeland Security of the 

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1 tion on the expenditure of grants made under this section 

2 by each grant recipient. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated $110,000,000 for each 

5 of fiscal years 2018 through 2022 for grants under this 

6 section.’’. 

7 (b) CONFORMING AMENDMENT.—Subsection (a) of 

8 section 2002 of the Homeland Security Act of 2002 (6 

9 U.S.C. 603) is amended to read as follows: 

10 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 

11 the Administrator, may award grants under sections 2003, 

12 2004, and 2009 to State, local, and tribal governments, 

13 as appropriate.’’. 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of the Homeland Security Act of 2002 is 

16 amended by inserting after the item relating to section 

17 2008 the following: 

‘‘Sec. 2009. Operation Stonegarden.’’. 

18 Subtitle D—Authorization of 

19 Appropriations 

20 SEC. 1151. AUTHORIZATION OF APPROPRIATIONS. 

21 In addition to amounts otherwise authorized to be ap22 propriated, there are authorized to be appropriated for 

23 each of fiscal years 2018 through 2022, $24,800,000,000 

24 to implement this title and the amendments made by this 

25 title, of which— 


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1 (1) $9,300,000,000 shall be used by the De2 partment of Homeland Security to construct phys3 ical barriers pursuant to section 102 of the Illegal 

4 Immigration and Immigrant Responsibility Act of 

5 1996, as amended by section 1111 of this division; 

6 (2) $1,000,000,000 shall be used by the De7 partment to improve tactical infrastructure pursuant 

8 to such section 102, as amended by such section 

9 1111; 

10 (3) $5,800,000,000 shall be used by the De11 partment to carry out section 1112 of this division; 

12 (4) $200,000,000 shall be used by the Coast 

13 Guard for deployments of personnel and assets 

14 under paragraph (18) of section 1113(a) of this divi15 sion; and 

16 (5) $8,500,000,000 shall be used by the De17 partment to carry out section 1131 of this division. 

18 TITLE II—EMERGENCY PORT OF 

19 ENTRY PERSONNEL AND IN20 FRASTRUCTURE FUNDING 

21 SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE. 

22 (a) ADDITIONAL PORTS OF ENTRY.— 

23 (1) AUTHORITY.—The Administrator of Gen24 eral Services may, subject to section 3307 of title 

25 40, United States Code, construct new ports of entry 


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1 along the northern border and southern border at lo2 cations determined by the Secretary. 

3 (2) CONSULTATION.— 

4 (A) REQUIREMENT TO CONSULT.—The 

5 Secretary and the Administrator of General 

6 Services shall consult with the Secretary of 

7 State, the Secretary of the Interior, the Sec8 retary of Agriculture, the Secretary of Trans9 portation, and appropriate representatives of 

10 State and local governments, and Indian tribes, 

11 and property owners in the United States prior 

12 to determining a location for any new port of 

13 entry constructed pursuant to paragraph (1). 

14 (B) CONSIDERATIONS.—The purpose of 

15 the consultations required by subparagraph (A) 

16 shall be to minimize any negative impacts of 

17 constructing a new port of entry on the environ18 ment, culture, commerce, and quality of life of 

19 the communities and residents located near 

20 such new port. 

21 (b) EXPANSION AND MODERNIZATION OF HIGH-PRI22 ORITY SOUTHERN BORDER PORTS OF ENTRY.—Not later 

23 than September 30, 2021, the Administrator of General 

24 Services, subject to section 3307 of title 40, United States 

25 Code, and in coordination with the Secretary, shall expand 


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1 or modernize high-priority ports of entry on the southern 

2 border, as determined by the Secretary, for the purposes 

3 of reducing wait times and enhancing security. 

4 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con5 structing any new ports of entry pursuant to subsection 

6 (a), the Administrator of General Services shall complete 

7 the expansion and modernization of ports of entry pursu8 ant to subsection (b) to the extent practicable. 

9 (d) NOTIFICATIONS.— 

10 (1) RELATING TO NEW PORTS OF ENTRY.—Not 

11 later than 15 days after determining the location of 

12 any new port of entry for construction pursuant to 

13 subsection (a), the Secretary and the Administrator 

14 of General Services shall jointly notify the Members 

15 of Congress who represent the State or congressional 

16 district in which such new port of entry will be lo17 cated, as well as the Committee on Homeland Secu18 rity and Governmental Affairs, the Committee on 

19 Finance, the Committee on Commerce, Science, and 

20 Transportation, and the Committee on the Judiciary 

21 of the Senate, and the Committee on Homeland Se22 curity, the Committee on Ways and Means, the 

23 Committee on Transportation and Infrastructure, 

24 and the Committee on the Judiciary of the House of 

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1 formation relating to the location of such new port 

2 of entry, a description of the need for such new port 

3 of entry and associated anticipated benefits, a de4 scription of the consultations undertaken by the Sec5 retary and the Administrator pursuant to paragraph 

6 (2) of such subsection, any actions that will be taken 

7 to minimize negative impacts of such new port of 

8 entry, and the anticipated time-line for construction 

9 and completion of such new port of entry. 

10 (2) RELATING TO EXPANSION AND MODERNIZA11 TION OF PORTS OF ENTRY.—Not later than 180 

12 days after enactment of this Act, the Secretary and 

13 the Administrator of General Services shall jointly 

14 notify the Committee on Homeland Security and 

15 Governmental Affairs, the Committee on Finance, 

16 the Committee on Commerce, Science, and Trans17 portation, and the Committee on the Judiciary of 

18 the Senate, and the Committee on Homeland Secu19 rity, the Committee on Ways and Means, the Com20 mittee on Transportation and Infrastructure, and 

21 the Committee on the Judiciary of the House of 

22 Representatives of the ports of entry on the south23 ern border that are the subject of expansion or mod24 ernization pursuant to subsection (b) and the SecVerDate Sep 11 2014 21:40 Jan 11, 2018 Jkt 079200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H4760.IH H4760

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1 retary’s and Administrator’s plan for expanding or 

2 modernizing each such port of entry. 

3 (e) RULE OF CONSTRUCTION.—Nothing in this sec4 tion may be construed as providing the Secretary new au5 thority related to the construction, acquisition, or renova6 tion of real property. 

7 SEC. 2102. SECURE COMMUNICATIONS. 

8 (a) IN GENERAL.—The Secretary shall ensure that 

9 each U.S. Customs and Border Protection and U.S. Immi10 gration and Customs Enforcement officer or agent, if ap11 propriate, is equipped with a secure radio or other two12 way communication device, supported by system interoper13 ability, that allows each such officer to communicate— 

14 (1) between ports of entry and inspection sta15 tions; and 

16 (2) with other Federal, State, tribal, and local 

17 law enforcement entities. 

18 (b) U.S. BORDER PATROL AGENTS.—The Secretary 

19 shall ensure that each U.S. Border Patrol agent or officer 

20 assigned or required to patrol on foot, by horseback, or 

21 with a canine unit, in remote mission critical locations, 

22 and at border checkpoints, has a multi- or dual-band 

23 encrypted portable radio. 

24 (c) LTE CAPABILITY.—In carrying out subsection 

25 (b), the Secretary shall acquire radios or other devices 


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1 with the option to be LTE-capable for deployment in areas 

2 where LTE enhances operations and is cost effective. 

3 SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM. 

4 (a) EXPANSION.—Not later than September 30, 

5 2021, the Secretary shall fully implement the Border Se6 curity Deployment Program of the U.S. Customs and Bor7 der Protection and expand the integrated surveillance and 

8 intrusion detection system at land ports of entry along the 

9 southern border and the northern border. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi11 tion to amounts otherwise authorized to be appropriated 

12 for such purpose, there is authorized to be appropriated 

13 $33,000,000 for fiscal year 2018 to carry out subsection 

14 (a). 

15 SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READ16 ERS AT PORTS OF ENTRY. 

17 (a) UPGRADE.—Not later than one year after the 

18 date of the enactment of this Act, the Commissioner of 

19 U.S. Customs and Border Protection shall upgrade all ex20 isting license plate readers on the northern and southern 

21 borders on incoming and outgoing vehicle lanes. 

22 (b) PILOT PROGRAM.—Not later than 90 days after 

23 the date of the enactment of this Act, the Commissioner 

24 of U.S. Customs and Border Protection shall conduct a 

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1 cense plate readers for one to two cargo lanes at the top 

2 three high-volume land ports of entry or checkpoints to 

3 determine their effectiveness in reducing cross-border wait 

4 times for commercial traffic and tractor-trailers. 

5 (c) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary shall report 

7 to the Committee on Homeland Security and Govern8 mental Affairs, the Committee on the Judiciary, and the 

9 Committee on Finance of the Senate, and the Committee 

10 on Homeland Security, and Committee on the Judiciary, 

11 and the Committee on Ways and Means of the House of 

12 Representatives the results of the pilot program under 

13 subsection (b) and make recommendations for imple14 menting use of such technology on the southern border. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi16 tion to amounts otherwise authorized to be appropriated 

17 for such purpose, there is authorized to be appropriated 

18 $125,000,000 for fiscal year 2018 to carry out subsection 

19 (a). 

20 SEC. 2105. NON-INTRUSIVE INSPECTION OPERATIONAL 

21 DEMONSTRATION. 

22 (a) IN GENERAL.—Not later than six months after 

23 the date of the enactment of this Act, the Commissioner 

24 shall establish a six-month operational demonstration to 

25 deploy a high-throughput non-intrusive passenger vehicle 


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1 inspection system at not fewer than three land ports of 

2 entry along the United States-Mexico border with signifi3 cant cross-border traffic. Such demonstration shall be lo4 cated within the pre-primary traffic flow and should be 

5 scalable to span up to 26 contiguous in-bound traffic lanes 

6 without re-configuration of existing lanes. 

7 (b) REPORT.—Not later than 90 days after the con8 clusion of the operational demonstration under subsection 

9 (a), the Commissioner shall submit to the Committee on 

10 Homeland Security and the Committee on Ways and 

11 Means of the House of Representatives and the Committee 

12 on Homeland Security and Governmental Affairs and the 

13 Committee on Finance of the Senate a report that de14 scribes the following: 

15 (1) The effects of such demonstration on legiti16 mate travel and trade. 

17 (2) The effects of such demonstration on wait 

18 times, including processing times, for non-pedestrian 

19 traffic. 

20 (3) The effectiveness of such demonstration in 

21 combating terrorism and smuggling. 

22 SEC. 2106. BIOMETRIC EXIT DATA SYSTEM. 

23 (a) IN GENERAL.—Subtitle B of title IV of the 

24 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 


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1 is amended by inserting after section 415 the following 

2 new section: 

3 ‘‘SEC. 416. BIOMETRIC ENTRY-EXIT. 

4 ‘‘(a) ESTABLISHMENT.—The Secretary shall— 

5 ‘‘(1) not later than 180 days after the date of 

6 the enactment of this section, submit to the Com7 mittee on Homeland Security and Governmental Af8 fairs and the Committee on the Judiciary of the 

9 Senate and the Committee on Homeland Security 

10 and the Committee on the Judiciary of the House of 

11 Representatives an implementation plan to establish 

12 a biometric exit data system to complete the inte13 grated biometric entry and exit data system required 

14 under section 7208 of the Intelligence Reform and 

15 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 

16 including— 

17 ‘‘(A) an integrated master schedule and 

18 cost estimate, including requirements and de19 sign, development, operational, and mainte20 nance costs of such a system, that takes into 

21 account prior reports on such matters issued by 

22 the Government Accountability Office and the 

23 Department; 

24 ‘‘(B) cost-effective staffing and personnel 

25 requirements of such a system that leverages 


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1 existing resources of the Department that takes 

2 into account prior reports on such matters 

3 issued by the Government Accountability Office 

4 and the Department; 

5 ‘‘(C) a consideration of training programs 

6 necessary to establish such a system that takes 

7 into account prior reports on such matters 

8 issued by the Government Accountability Office 

9 and the Department; 

10 ‘‘(D) a consideration of how such a system 

11 will affect arrival and departure wait times that 

12 takes into account prior reports on such matter 

13 issued by the Government Accountability Office 

14 and the Department; 

15 ‘‘(E) information received after consulta16 tion with private sector stakeholders, including 

17 the— 

18 ‘‘(i) trucking industry; 

19 ‘‘(ii) airport industry; 

20 ‘‘(iii) airline industry; 

21 ‘‘(iv) seaport industry; 

22 ‘‘(v) travel industry; and 

23 ‘‘(vi) biometric technology industry; 

24 ‘‘(F) a consideration of how trusted trav25 eler programs in existence as of the date of the 


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1 enactment of this section may be impacted by, 

2 or incorporated into, such a system; 

3 ‘‘(G) defined metrics of success and mile4 stones; 

5 ‘‘(H) identified risks and mitigation strate6 gies to address such risks; 

7 ‘‘(I) a consideration of how other countries 

8 have implemented a biometric exit data system; 

9 and 

10 ‘‘(J) a list of statutory, regulatory, or ad11 ministrative authorities, if any, needed to inte12 grate such a system into the operations of the 

13 Transportation Security Administration; and 

14 ‘‘(2) not later than two years after the date of 

15 the enactment of this section, establish a biometric 

16 exit data system at the— 

17 ‘‘(A) 15 United States airports that sup18 port the highest volume of international air 

19 travel, as determined by available Federal flight 

20 data; 

21 ‘‘(B) 10 United States seaports that sup22 port the highest volume of international sea 

23 travel, as determined by available Federal travel 

24 data; and 


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1 ‘‘(C) 15 United States land ports of entry 

2 that support the highest volume of vehicle, pe3 destrian, and cargo crossings, as determined by 

4 available Federal border crossing data. 

5 ‘‘(b) IMPLEMENTATION.— 

6 ‘‘(1) PILOT PROGRAM AT LAND PORTS OF

7 ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAF8 FIC.—Not later than six months after the date of 

9 the enactment of this section, the Secretary, in col10 laboration with industry stakeholders, shall establish 

11 a six-month pilot program to test the biometric exit 

12 data system referred to in subsection (a)(2) on non13 pedestrian outbound traffic at not fewer than three 

14 land ports of entry with significant cross-border traf15 fic, including at not fewer than two land ports of 

16 entry on the southern land border and at least one 

17 land port of entry on the northern land border. Such 

18 pilot program may include a consideration of more 

19 than one biometric mode, and shall be implemented 

20 to determine the following: 

21 ‘‘(A) How a nationwide implementation of 

22 such biometric exit data system at land ports of 

23 entry shall be carried out. 

24 ‘‘(B) The infrastructure required to carry 

25 out subparagraph (A). 


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1 ‘‘(C) The effects of such pilot program on 

2 legitimate travel and trade. 

3 ‘‘(D) The effects of such pilot program on 

4 wait times, including processing times, for such 

5 non-pedestrian traffic. 

6 ‘‘(E) The effects of such pilot program on 

7 combating terrorism. 

8 ‘‘(F) The effects of such pilot program on 

9 identifying visa holders who violate the terms of 

10 their visas. 

11 ‘‘(2) AT LAND PORTS OF ENTRY FOR NON-PE12 DESTRIAN OUTBOUND TRAFFIC.— 

13 ‘‘(A) IN GENERAL.—Not later than five 

14 years after the date of the enactment of this 

15 section, the Secretary shall expand the biomet16 ric exit data system referred to in subsection 

17 (a)(2) to all land ports of entry, and such sys18 tem shall apply only in the case of non-pedes19 trian outbound traffic. 

20 ‘‘(B) EXTENSION.—The Secretary may ex21 tend for a single two-year period the date speci22 fied in subparagraph (A) if the Secretary cer23 tifies to the Committee on Homeland Security 

24 and Governmental Affairs and the Committee 

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1 mittee on Homeland Security and the Com2 mittee on the Judiciary of the House of Rep3 resentatives that the 15 land ports of entry that 

4 support the highest volume of passenger vehi5 cles, as determined by available Federal data, 

6 do not have the physical infrastructure or char7 acteristics to install the systems necessary to 

8 implement a biometric exit data system. 

9 ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 

10 later than five years after the date of the enactment 

11 of this section, the Secretary shall expand the bio12 metric exit data system referred to in subsection 

13 (a)(2) to all air and sea ports of entry. 

14 ‘‘(4) AT LAND PORTS OF ENTRY FOR PEDES15 TRIANS.—Not later than five years after the date of 

16 the enactment of this section, the Secretary shall ex17 pand the biometric exit data system referred to in 

18 subsection (a)(2) to all land ports of entry, and such 

19 system shall apply only in the case of pedestrians. 

20 ‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR21 TATION.—The Secretary, in consultation with appropriate 

22 private sector stakeholders, shall ensure that the collection 

23 of biometric data under this section causes the least pos24 sible disruption to the movement of people or cargo in air, 

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1 proving counterterrorism efforts and identifying visa hold2 ers who violate the terms of their visas. 

3 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith4 standing any other provision of law, the Secretary shall, 

5 on the date of the enactment of this section, terminate 

6 the proceeding entitled ‘Collection of Alien Biometric Data 

7 Upon Exit From the United States at Air and Sea Ports 

8 of Departure; United States Visitor and Immigrant Status 

9 Indicator Technology Program (‘‘US–VISIT’’)’, issued on 

10 April 24, 2008 (73 Fed. Reg. 22065). 

11 ‘‘(e) DATA-MATCHING.—The biometric exit data sys12 tem established under this section shall— 

13 ‘‘(1) match biometric information for an indi14 vidual, regardless of nationality, citizenship, or im15 migration status, who is departing the United States 

16 against biometric data previously provided to the 

17 United States Government by such individual for the 

18 purposes of international travel; 

19 ‘‘(2) leverage the infrastructure and databases 

20 of the current biometric entry and exit system estab21 lished pursuant to section 7208 of the Intelligence 

22 Reform and Terrorism Prevention Act of 2004 (8 

23 U.S.C. 1365b) for the purpose described in para24 graph (1); and 


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1 ‘‘(3) be interoperable with, and allow matching 

2 against, other Federal databases that— 

3 ‘‘(A) store biometrics of known or sus4 pected terrorists; and 

5 ‘‘(B) identify visa holders who violate the 

6 terms of their visas. 

7 ‘‘(f) SCOPE.— 

8 ‘‘(1) IN GENERAL.—The biometric exit data 

9 system established under this section shall include a 

10 requirement for the collection of biometric exit data 

11 at the time of departure for all categories of individ12 uals who are required by the Secretary to provide bi13 ometric entry data. 

14 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID15 UALS.—This section shall not apply in the case of an 

16 individual who exits and then enters the United 

17 States on a passenger vessel (as such term is defined 

18 in section 2101 of title 46, United States Code) the 

19 itinerary of which originates and terminates in the 

20 United States. 

21 ‘‘(3) EXCEPTION FOR LAND PORTS OF

22 ENTRY.—This section shall not apply in the case of 

23 a United States or Canadian citizen who exits the 

24 United States through a land port of entry. 


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1 ‘‘(g) COLLECTION OF DATA.—The Secretary may not 

2 require any non-Federal person to collect biometric data, 

3 or contribute to the costs of collecting or administering 

4 the biometric exit data system established under this sec5 tion, except through a mutual agreement. 

6 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 

7 subsections (a)(1) and (b), the Secretary shall make every 

8 effort to collect biometric data using multiple modes of 

9 biometrics. 

10 ‘‘(i) FACILITIES.—All facilities at which the biometric 

11 exit data system established under this section is imple12 mented shall provide and maintain space for Federal use 

13 that is adequate to support biometric data collection and 

14 other inspection-related activity. For non-federally owned 

15 facilities, such space shall be provided and maintained at 

16 no cost to the Government. For all facilities at land ports 

17 of entry, such space requirements shall be coordinated 

18 with the Administrator of General Services. 

19 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 

20 northern land border, the requirements under subsections 

21 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 

22 the sharing of biometric data provided to U.S. Customs 

23 and Border Protection by the Canadian Border Services 

24 Agency pursuant to the 2011 Beyond the Border agree25 ment. 


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1 ‘‘(k) FAIR AND OPEN COMPETITION.—The Secretary 

2 shall procure goods and services to implement this section 

3 via fair and open competition in accordance with the Fed4 eral Acquisition Regulations. 

5 ‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 

6 this section may be construed as limiting the authority of 

7 the Secretary to collect biometric information in cir8 cumstances other than as specified in this section. 

9 ‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 

10 days after the date of the enactment of this section, the 

11 Secretary shall submit to the Committee on Homeland Se12 curity and Governmental Affairs of the Senate, the Com13 mittee on the Judiciary of the Senate, the Committee on 

14 Homeland Security of the House of Representatives, and 

15 Committee on the Judiciary of the House of Representa16 tives reports and recommendations regarding the Science 

17 and Technology Directorate’s Air Entry and Exit Re-En18 gineering Program of the Department and the U.S. Cus19 toms and Border Protection entry and exit mobility pro20 gram demonstrations. 

21 ‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall 

22 prohibit the collection of user fees permitted by section 

23 13031 of the Consolidated Omnibus Budget Reconciliation 

24 Act of 1985 (19 U.S.C. 58c).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to section 

4 415 the following new item: 

‘‘Sec. 416. Biometric entry-exit.’’. 

5 SEC. 2107. SENSE OF CONGRESS ON COOPERATION BE6 TWEEN AGENCIES. 

7 (a) FINDING.—Congress finds that personnel con8 straints exist at land ports of entry with regard to sanitary 

9 and phytosanitary inspections for exported goods. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that, in the best interest of cross-border trade and 

12 the agricultural community— 

13 (1) any lack of certified personnel for inspection 

14 purposes at ports of entry should be addressed by 

15 seeking cooperation between agencies and depart16 ments of the United States, whether in the form of 

17 a memorandum of understanding or through a cer18 tification process, whereby additional existing agents 

19 are authorized for additional hours to facilitate and 

20 expedite the flow of legitimate trade and commerce 

21 of perishable goods in a manner consistent with 

22 rules of the Department of Agriculture; and 

23 (2) cross designation should be available for 

24 personnel who will assist more than one agency or 

25 department of the United States at land ports of 


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1 entry to facilitate and expedite the flow of increased 

2 legitimate trade and commerce. 

3 SEC. 2108. AUTHORIZATION OF APPROPRIATIONS. 

4 In addition to any amounts otherwise authorized to 

5 be appropriated for such purpose, there is authorized to 

6 be appropriated $1,250,000,000 for each of fiscal years 

7 2018 through 2022 to carry out this title, of which— 

8 (1) $2,000,000 shall be used by the Secretary 

9 for hiring additional Uniform Management Center 

10 support personnel, purchasing uniforms for CBP of11 ficers and agents, acquiring additional motor vehi12 cles to support vehicle mounted surveillance systems, 

13 hiring additional motor vehicle program support per14 sonnel, and for contract support for customer serv15 ice, vendor management, and operations manage16 ment; and 

17 (2) $250,000,000 per year shall be used to im18 plement the biometric exit data system described in 

19 section 416 of the Homeland Security Act of 2002, 

20 as added by section 2106 of this division. 

21 SEC. 2109. DEFINITION. 

22 In this title, the term ‘‘Secretary’’ means the Sec23 retary of Homeland Security. 


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1 TITLE III—VISA SECURITY AND 

2 INTEGRITY 

3 SEC. 3101. VISA SECURITY. 

4 (a) VISA SECURITY UNITS AT HIGH-RISK POSTS.— 

5 Paragraph (1) of section 428(e) of the Homeland Security 

6 Act of 2002 (6 U.S.C. 236(e)) is amended— 

7 (1) by striking ‘‘The Secretary’’ and inserting 

8 the following: 

9 ‘‘(A) AUTHORIZATION.—Subject to the 

10 minimum number specified in subparagraph 

11 (B), the Secretary’’; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(B) RISK-BASED ASSIGNMENTS.— 

15 ‘‘(i) IN GENERAL.—In carrying out 

16 subparagraph (A), the Secretary shall as17 sign, in a risk-based manner, and consid18 ering the criteria described in clause (ii), 

19 employees of the Department to not fewer 

20 than 75 diplomatic and consular posts at 

21 which visas are issued. 

22 ‘‘(ii) CRITERIA DESCRIBED.—The cri23 teria referred to in clause (i) are the fol24 lowing: 


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1 ‘‘(I) The number of nationals of 

2 a country in which any of the diplo3 matic and consular posts referred to 

4 in clause (i) are located who were 

5 identified in United States Govern6 ment databases related to the identi7 ties of known or suspected terrorists 

8 during the previous year. 

9 ‘‘(II) Information on the coopera10 tion of such country with the counter11 terrorism efforts of the United States. 

12 ‘‘(III) Information analyzing the 

13 presence, activity, or movement of ter14 rorist organizations (as such term is 

15 defined in section 212(a)(3)(B)(vi) of 

16 the Immigration and Nationality Act 

17 (8 U.S.C. 1182(a)(3)(B)(vi))) within 

18 or through such country. 

19 ‘‘(IV) The number of formal ob20 jections based on derogatory informa21 tion issued by the Visa Security Advi22 sory Opinion Unit pursuant to para23 graph (10) regarding nationals of a 

24 country in which any of the diplomatic 


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1 and consular posts referred to in 

2 clause (i) are located. 

3 ‘‘(V) The adequacy of the border 

4 and immigration control of such coun5 try. 

6 ‘‘(VI) Any other criteria the Sec7 retary determines appropriate. 

8 ‘‘(iii) RULE OF CONSTRUCTION.—The 

9 assignment of employees of the Depart10 ment pursuant to this subparagraph is 

11 solely the authority of the Secretary and 

12 may not be altered or rejected by the Sec13 retary of State.’’. 

14 (b) COUNTERTERROR VETTING AND SCREENING.— 

15 Paragraph (2) of section 428(e) of the Homeland Security 

16 Act of 2002 is amended— 

17 (1) by redesignating subparagraph (C) as sub18 paragraph (D); and 

19 (2) by inserting after subparagraph (B) the fol20 lowing new subparagraph: 

21 ‘‘(C) Screen any such applications against 

22 the appropriate criminal, national security, and 

23 terrorism databases maintained by the Federal 

24 Government.’’. 


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1 (c) TRAINING AND HIRING.—Subparagraph (A) of 

2 section 428(e)(6) of the Homeland Security Act of 2002 

3 is amended by— 

4 (1) striking ‘‘The Secretary shall ensure, to the 

5 extent possible, that any employees’’ and inserting 

6 ‘‘The Secretary, acting through the Commissioner of 

7 U.S. Customs and Border Protection and the Direc8 tor of U.S. Immigration and Customs Enforcement, 

9 shall provide training to any employees’’; and 

10 (2) striking ‘‘shall be provided the necessary 

11 training’’. 

12 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE

13 AND VISA SECURITY ADVISORY OPINION UNIT.—Sub14 section (e) of section 428 of the Homeland Security Act 

15 of 2002 is amended by adding at the end the following 

16 new paragraphs: 

17 ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU18 RITY ASSISTANCE.—At the visa-issuing posts at 

19 which employees of the Department are not assigned 

20 pursuant to paragraph (1), the Secretary shall, in a 

21 risk-based manner, assign employees of the Depart22 ment to remotely perform the functions required 

23 under paragraph (2) at not fewer than 50 of such 

24 posts. 


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1 ‘‘(10) VISA SECURITY ADVISORY OPINION

2 UNIT.—The Secretary shall establish within U.S. 

3 Immigration and Customs Enforcement a Visa Secu4 rity Advisory Opinion Unit to respond to requests 

5 from the Secretary of State to conduct a visa secu6 rity review using information maintained by the De7 partment on visa applicants, including terrorism as8 sociation, criminal history, counter-proliferation, and 

9 other relevant factors, as determined by the Sec10 retary.’’. 

11 (e) DEADLINES.—The requirements established 

12 under paragraphs (1) and (9) of section 428(e) of the 

13 Homeland Security Act of 2002 (6 U.S.C. 236(e)), as 

14 amended and added by this section, shall be implemented 

15 not later than three years after the date of the enactment 

16 of this Act. 

17 SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIO18 METRIC MATCHING. 

19 (a) IN GENERAL.—Subtitle B of title IV of the 

20 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

21 as amended by section 2106 of this division, is further 

22 amended by adding at the end the following new sections: 


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1 ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIO2 METRIC MATCHING. 

3 ‘‘(a) IN GENERAL.—Not later than one year after the 

4 date of the enactment of this section, the Commissioner 

5 of U.S. Customs and Border Protection shall— 

6 ‘‘(1) screen electronic passports at airports of 

7 entry by reading each such passport’s embedded 

8 chip; and 

9 ‘‘(2) to the greatest extent practicable, utilize 

10 facial recognition technology or other biometric tech11 nology, as determined by the Commissioner, to in12 spect travelers at United States airports of entry. 

13 ‘‘(b) APPLICABILITY.— 

14 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 

15 Paragraph (1) of subsection (a) shall apply to pass16 ports belonging to individuals who are United States 

17 citizens, individuals who are nationals of a program 

18 country pursuant to section 217 of the Immigration 

19 and Nationality Act (8 U.S.C. 1187), and individ20 uals who are nationals of any other foreign country 

21 that issues electronic passports. 

22 ‘‘(2) FACIAL RECOGNITION MATCHING.—Para23 graph (2) of subsection (a) shall apply, at a min24 imum, to individuals who are nationals of a program 

25 country pursuant to section 217 of the Immigration 

26 and Nationality Act. 


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1 ‘‘(c) ANNUAL REPORT.—The Commissioner of U.S. 

2 Customs and Border Protection, in collaboration with the 

3 Chief Privacy Officer of the Department, shall issue to the 

4 Committee on Homeland Security of the House of Rep5 resentatives and the Committee on Homeland Security 

6 and Governmental Affairs of the Senate an annual report 

7 through fiscal year 2021 on the utilization of facial rec8 ognition technology and other biometric technology pursu9 ant to subsection (a)(2). Each such report shall include 

10 information on the type of technology used at each airport 

11 of entry, the number of individuals who were subject to 

12 inspection using either of such technologies at each airport 

13 of entry, and within the group of individuals subject to 

14 such inspection at each airport, the number of those indi15 viduals who were United States citizens and legal perma16 nent residents. Each such report shall provide information 

17 on the disposition of data collected during the year covered 

18 by such report, together with information on protocols for 

19 the management of collected biometric data, including 

20 timeframes and criteria for storing, erasing, destroying, 

21 or otherwise removing such data from databases utilized 

22 by the Department. 


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1 ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS 

2 AND BORDER PROTECTION. 

3 ‘‘The Commissioner of U.S. Customs and Border 

4 Protection shall, in a risk based manner, continuously 

5 screen individuals issued any visa, and individuals who are 

6 nationals of a program country pursuant to section 217 

7 of the Immigration and Nationality Act (8 U.S.C. 1187), 

8 who are present, or are expected to arrive within 30 days, 

9 in the United States, against the appropriate criminal, na10 tional security, and terrorism databases maintained by the 

11 Federal Government.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of the Homeland Security Act of 2002 is 

14 amended by inserting after the item relating to section 

15 419 the following new items: 

‘‘Sec. 420. Electronic passport screening and biometric matching. 

‘‘Sec. 420A. Continuous screening by U.S. Customs and Border Protection.’’. 

16 SEC. 3103. REPORTING OF VISA OVERSTAYS. 

17 Section 2 of Public Law 105–173 (8 U.S.C. 1376) 

18 is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘Attorney General’’ and in21 serting ‘‘Secretary of Homeland Security’’; and 

22 (B) by inserting before the period at the 

23 end the following: ‘‘, and any additional infor24 mation that the Secretary determines necessary 


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1 for purposes of the report under subsection 

2 (b)’’; and 

3 (2) by amending subsection (b) to read as fol4 lows: 

5 ‘‘(b) ANNUAL REPORT.—Not later than June 30, 

6 2018, and not later than June 30 of each year thereafter, 

7 the Secretary of Homeland Security shall submit to the 

8 Committee on Homeland Security and the Committee on 

9 the Judiciary of the House of Representatives and to the 

10 Committee on Homeland Security and Governmental Af11 fairs and the Committee on the Judiciary of the Senate 

12 a report providing, for the preceding fiscal year, numerical 

13 estimates (including information on the methodology uti14 lized to develop such numerical estimates) of— 

15 ‘‘(1) for each country, the number of aliens 

16 from the country who are described in subsection 

17 (a), including— 

18 ‘‘(A) the total number of such aliens within 

19 all classes of nonimmigrant aliens described in 

20 section 101(a)(15) of the Immigration and Na21 tionality Act (8 U.S.C. 1101(a)(15)); and 

22 ‘‘(B) the number of such aliens within each 

23 of the classes of nonimmigrant aliens, as well as 

24 the number of such aliens within each of the 


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1 subclasses of such classes of nonimmigrant 

2 aliens, as applicable; 

3 ‘‘(2) for each country, the percentage of the 

4 total number of aliens from the country who were 

5 present in the United States and were admitted to 

6 the United States as nonimmigrants who are de7 scribed in subsection (a); 

8 ‘‘(3) the number of aliens described in sub9 section (a) who arrived by land at a port of entry 

10 into the United States; 

11 ‘‘(4) the number of aliens described in sub12 section (a) who entered the United States using a 

13 border crossing identification card (as such term is 

14 defined in section 101(a)(6) of the Immigration and 

15 Nationality Act (8 U.S.C. 1101(a)(6))); and 

16 ‘‘(5) the number of Canadian nationals who en17 tered the United States without a visa whose author18 ized period of stay in the United States terminated 

19 during the previous fiscal year, but who remained in 

20 the United States.’’. 

21 SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMA22 TION SYSTEM VERIFICATION. 

23 Not later than 90 days after the date of the enact24 ment of this Act, the Secretary of Homeland Security shall 

25 ensure that the information collected under the program 


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1 established under section 641 of the Illegal Immigration 

2 Reform and Immigrant Responsibility Act of 1996 (8 

3 U.S.C. 1372) is available to officers of U.S. Customs and 

4 Border Protection for the purpose of conducting primary 

5 inspections of aliens seeking admission to the United 

6 States at each port of entry of the United States. 

7 SEC. 3105. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. 

8 (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, 1124, and 1127 of this divi11 sion, is further amended by adding at the end the fol12 lowing new sections: 

13 ‘‘SEC. 438. SOCIAL MEDIA SCREENING. 

14 ‘‘(a) IN GENERAL.—Not later than 180 days after 

15 the date of the enactment of this section, the Secretary 

16 shall, to the greatest extent practicable, and in a risk 

17 based manner and on an individualized basis, review the 

18 social media accounts of certain visa applicants who are 

19 citizens of, or who reside in, high-risk countries, as deter20 mined by the Secretary based on the criteria described in 

21 subsection (b). 

22 ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter23 mining whether a country is high-risk pursuant to sub24 section (a), the Secretary shall consider the following cri25 teria: 


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1 ‘‘(1) The number of nationals of the country 

2 who were identified in United States Government 

3 databases related to the identities of known or sus4 pected terrorists during the previous year. 

5 ‘‘(2) The level of cooperation of the country 

6 with the counter-terrorism efforts of the United 

7 States. 

8 ‘‘(3) Any other criteria the Secretary deter9 mines appropriate. 

10 ‘‘(c) COLLABORATION.—To carry out the require11 ments of subsection (a), the Secretary may collaborate 

12 with— 

13 ‘‘(1) the head of a national laboratory within 

14 the Department’s laboratory network with relevant 

15 expertise; 

16 ‘‘(2) the head of a relevant university-based 

17 center within the Department’s centers of excellence 

18 network; and 

19 ‘‘(3) the heads of other appropriate Federal 

20 agencies. 

21 ‘‘SEC. 439. OPEN SOURCE SCREENING. 

22 ‘‘The Secretary shall, to the greatest extent prac23 ticable, and in a risk based manner, review open source 

24 information of visa applicants.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 in section 1(b) of the Homeland Security Act of 2002, as 

3 amended by this division is further amended by inserting 

4 after the item relating to section 437 the following new 

5 items: 

‘‘Sec. 438. Social media screening. 

‘‘Sec. 439. Open source screening.’’. 

6 TITLE IV—TRANSNATIONAL 

7 CRIMINAL ORGANIZATION IL8 LICIT SPOTTER PREVENTION 

9 AND ELIMINATION 

10 SEC. 4101. SHORT TITLE. 

11 This title may be cited as the ‘‘Transnational Crimi12 nal Organization Illicit Spotter Prevention and Elimi13 nation Act’’. 

14 SEC. 4102. UNLAWFULLY HINDERING IMMIGRATION, BOR15 DER, AND CUSTOMS CONTROLS. 

16 (a) BRINGING IN AND HARBORING OF CERTAIN

17 ALIENS.—Section 274(a) of the Immigration and Nation18 ality Act (8 U.S.C. 1324(a)) is amended— 

19 (1) in subsection (a)(2), by striking ‘‘brings to 

20 or attempts to’’ and inserting the following: ‘‘brings 

21 to or attempts or conspires to’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(5) In the case of a person who has brought 

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1 section, the sentence otherwise provided for may be 

2 increased by up to 10 years if that person, at the 

3 time of the offense, used or carried a firearm or 

4 who, in furtherance of any such crime, possessed a 

5 firearm.’’. 

6 (b) AIDING OR ASSISTING CERTAIN ALIENS TO

7 ENTER THE UNITED STATES.—Section 277 of the Immi8 gration and Nationality Act (8 U.S.C. 1327) is amend9 ed— 

10 (1) by inserting after ‘‘knowingly aids or as11 sists’’ the following: ‘‘or attempts to aid or assist’’; 

12 and 

13 (2) by adding at the end the following: ‘‘In the 

14 case of a person convicted of an offense under this 

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 (c) DESTRUCTION OF UNITED STATES BORDER CON21 TROLS.—Section 1361 of title 18, United States Code, is 

22 amended— 

23 (1) by striking ‘‘If the damage’’ and inserting 

24 the following: 


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1 ‘‘(1) Except as otherwise provided in this sec2 tion, if the damage’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) If the injury or depredation was made or 

5 attempted against any fence, barrier, sensor, cam6 era, or other physical or electronic device deployed 

7 by the Federal Government to control the border or 

8 a port of entry or otherwise was intended to con9 struct, excavate, or make any structure intended to 

10 defeat, circumvent, or evade any such fence, barrier, 

11 sensor camera, or other physical or electronic device 

12 deployed by the Federal Government to control the 

13 border or a port of entry, by a fine under this title 

14 or imprisonment for not more than 15 years, or 

15 both. 

16 ‘‘(3) If the injury or depredation was described 

17 under paragraph (2) and, in the commission of the 

18 offense, the offender used or carried a firearm or, in 

19 furtherance of any such offense, possessed a firearm, 

20 by a fine under this title or imprisonment for not 

21 more than 20 years, or both.’’. 


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1 DIVISION D—LAWFUL STATUS 

2 FOR CERTAIN CHILDHOOD 

3 ARRIVALS 

4 SEC. 1101. DEFINITIONS. 

5 In this division: 

6 (1) IN GENERAL.—Except as otherwise specifi7 cally provided, the terms used in this division have 

8 the meanings given such terms in subsections (a) 

9 and (b) of section 101 of the Immigration and Na10 tionality Act (8 U.S.C. 1101). 

11 (2) CONTINGENT NONIMMIGRANT.—The term 

12 ‘‘contingent nonimmigrant’’ means an alien who is 

13 granted contingent nonimmigrant status under this 

14 division. 

15 (3) EDUCATIONAL INSTITUTION.—The term 

16 ‘‘educational institution’’ means— 

17 (A) an institution that is described in sec18 tion 101(a) of the Higher Education Act of 

19 1965 (20 U.S.C. 1001(a)) or is a proprietary 

20 institution of higher education (as defined in 

21 section 102(b) of such Act (20 U.S.C. 

22 1002(b))); 

23 (B) an elementary, primary, or secondary 

24 school within the United States; or 


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1 (C) an educational program assisting stu2 dents either in obtaining a high school equiva3 lency diploma, certificate, or its recognized 

4 equivalent under State law, or in passing a 

5 General Educational Development exam or 

6 other equivalent State-authorized exam or other 

7 applicable State requirements for high school 

8 equivalency. 

9 (4) SECRETARY.—Except as otherwise specifi10 cally provided, the term ‘‘Secretary’’ means the Sec11 retary of Homeland Security. 

12 (5) SEXUAL ASSAULT OR HARASSMENT.—The 

13 term ‘‘sexual assault or harassment’’ means— 

14 (A) conduct engaged in by an alien 18 

15 years of age or older, which consists of unwel16 come sexual advances, requests for sexual fa17 vors, or other verbal or physical conduct of a 

18 sexual nature, and— 

19 (i) submission to such conduct is 

20 made either explicitly or implicitly a term 

21 or condition of an individual’s employment; 

22 (ii) submission to or rejection of such 

23 conduct by an individual is used as the 

24 basis for employment decisions affecting 

25 such individual; or 


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1 (iii) such conduct has the purpose or 

2 effect of creating an intimidating, hostile, 

3 or offensive environment; 

4 (B) conduct constituting a criminal offense 

5 of rape, as described in section 101(a)(43)(A) 

6 of the Immigration and Nationality Act (8 

7 U.S.C. 1101(a)(43)(A)); 

8 (C) conduct constituting a criminal offense 

9 of statutory rape, or any offense of a sexual na10 ture involving a victim under the age of 18 

11 years, as described in section 101(a)(43)(A) of 

12 the Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(43)(A)); 

14 (D) sexual conduct with a minor who is 

15 under 14 years of age, or with a minor under 

16 16 years of age where the alien was at least 4 

17 years older than the minor; 

18 (E) conduct punishable under section 2251 

19 or 2251A (relating to the sexual exploitation of 

20 children and the selling or buying of children), 

21 or section 2252 or 2252A (relating to certain 

22 activities relating to material involving the sex23 ual exploitation of minors or relating to mate24 rial constituting or containing child pornog25 raphy) of title 18, United States Code; or 


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1 (F) conduct constituting the elements of 

2 any other Federal or State sexual offense re3 quiring a defendant, if convicted, to register on 

4 a sexual offender registry (except that this pro5 vision shall not apply to convictions solely for 

6 urinating or defecating in public). 

7 (6) VICTIM.—The term ‘‘victim’’ has the mean8 ing given the term in section 503(e) of the Victims’ 

9 Rights and Restitution Act of 1990 (42 U.S.C. 

10 10607(e)). 

11 SEC. 1102. CONTINGENT NONIMMIGRANT STATUS FOR CER12 TAIN ALIENS WHO ENTERED THE UNITED 

13 STATES AS MINORS. 

14 (a) IN GENERAL.—Notwithstanding any other provi15 sion of law, the Secretary may grant contingent non16 immigrant status to an alien who— 

17 (1) meets the eligibility requirements set forth 

18 in subsection (b); 

19 (2) submits a completed application before the 

20 end of the period set forth in subsection (c)(2); and 

21 (3) has paid the fees required under subsection 

22 (c)(5). 

23 (b) ELIGIBILITY REQUIREMENTS.— 

24 (1) IN GENERAL.—An alien is eligible for con25 tingent nonimmigrant status if the alien establishes 


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1 by clear and convincing evidence that the alien 

2 meets the requirements set forth in this subsection. 

3 (2) GENERAL REQUIREMENTS.—The require4 ments under this paragraph are that the alien— 

5 (A) is physically present in the United 

6 States on the date on which the alien submits 

7 an application for contingent nonimmigrant sta8 tus; 

9 (B) was physically present in the United 

10 States on June 15, 2007; 

11 (C) was younger than 16 years of age on 

12 the date the alien initially entered the United 

13 States; 

14 (D) is a person of good moral character; 

15 (E) was under 31 years of age on June 15, 

16 2012, and at the time of filing an application 

17 under subsection (c); 

18 (F) has maintained continuous physical 

19 presence in the United States from June 15, 

20 2012, until the date on which the alien is grant21 ed contingent nonimmigrant status under this 

22 section; 

23 (G) had no lawful immigration status on 

24 June 15, 2012; 


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1 (H) has requested the release to the De2 partment of Homeland Security of all records 

3 regarding their being adjudicated delinquent in 

4 State or local juvenile court proceedings, and 

5 the Department has obtained all such records; 

6 and 

7 (I) possesses a valid Employment Author8 ization Document which authorizes the alien to 

9 work as of the date of the enactment of this 

10 Act, which was issued pursuant to the June 15, 

11 2012, U.S. Department of Homeland Security 

12 Memorandum entitled, ‘‘Exercising Prosecu13 torial Discretion With Respect to Individuals 

14 Who Came to the United States as Children’’. 

15 (3) EDUCATION REQUIREMENT.— 

16 (A) IN GENERAL.—An alien may not be 

17 granted contingent nonimmigrant status under 

18 this section unless the alien establishes by clear 

19 and convincing evidence that the alien— 

20 (i) is enrolled in, and is in regular 

21 full-time attendance at, an educational in22 stitution within the United States; or 

23 (ii) has acquired a diploma from a 

24 high school in the United States, has 

25 earned a General Educational Development 


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1 certificate recognized under State law, or 

2 has earned a recognized high school 

3 equivalency certificate under applicable 

4 State law. 

5 (B) EVIDENCE.—An alien shall dem6 onstrate compliance with clause (i) or (ii) of 

7 subparagraph (A) by providing a valid certified 

8 transcript or diploma from the educational in9 stitution the alien is enrolled in or from which 

10 the alien has acquired a diploma or certificate. 

11 (4) GROUNDS FOR INELIGIBILITY.—An alien is 

12 ineligible for contingent nonimmigrant status if the 

13 Secretary determines that the alien— 

14 (A) has a conviction for— 

15 (i) an offense classified as a felony in 

16 the convicting jurisdiction; 

17 (ii) an aggravated felony; 

18 (iii) an offense classified as a mis19 demeanor in the convicting jurisdiction 

20 which involved— 

21 (I) domestic violence (as defined 

22 in section 40002(a) of the Violence 

23 Against Women Act of 1994 (34 

24 U.S.C. 12291(a))); 


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1 (II) child abuse or neglect (as de2 fined in section 40002(a) of the Vio3 lence Against Women Act of 1994 (34 

4 U.S.C. 12291(a))); 

5 (III) assault resulting in bodily 

6 injury (as such term is defined in sec7 tion 2266 of title 18, United States 

8 Code); 

9 (IV) the violation of a protection 

10 order (as such term is defined in sec11 tion 2266 of title 18, United States 

12 Code); or 

13 (V) driving while intoxicated or 

14 driving under the influence (as such 

15 terms are defined in section 164(a)(2) 

16 of title 23, United States Code); 

17 (iv) two or more misdemeanor convic18 tions (excluding minor traffic offenses that 

19 did not involve driving while intoxicated or 

20 driving under the influence, or that did not 

21 subject any individual other than the alien 

22 to bodily injury); or 

23 (v) any offense under foreign law, ex24 cept for a purely political offense, which, if 

25 the offense had been committed in the 


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1 United States, would render the alien inad2 missible under section 212(a) of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1182(a)) or deportable under section 

5 237(a) of such Act (8 U.S.C. 1227(a)); 

6 (B) has been adjudicated delinquent in a 

7 State or local juvenile court proceeding for an 

8 offense equivalent to— 

9 (i) an offense relating to murder, 

10 manslaughter, homicide, rape (whether the 

11 victim was conscious or unconscious), stat12 utory rape, or any offense of a sexual na13 ture involving a victim under the age of 18 

14 years, as described in section 

15 101(a)(43)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1101(a)(43)(A)); 

17 (ii) a crime of violence, as such term 

18 is defined in section 16 of title 18, United 

19 States Code; or 

20 (iii) an offense punishable under sec21 tion 401 of the Controlled Substances Act 

22 (21 U.S.C. 841); 

23 (C) has a conviction for any other criminal 

24 offense, which regard to which the alien has not 

25 satisfied any civil legal judgements awarded to 


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1 any victims (or family members of victims) of 

2 the crime; 

3 (D) is described in section 212(a)(2)(J) of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1882(a)(2)(J)) (relating to aliens associated 

6 with criminal gangs); 

7 (E) has been charged with a felony or mis8 demeanor offense (excluding minor traffic of9 fenses that did not involve driving while intoxi10 cated or driving under the influence, or that did 

11 not subject any individual other than the alien 

12 to bodily injury), and the charge or charges are 

13 still pending; 

14 (F) is inadmissible under section 212(a) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1182(a)), except that in determining an alien’s 

17 inadmissibility— 

18 (i) paragraphs (5), (7), and (9)(B) of 

19 such section shall not apply; and 

20 (ii) subparagraphs (A), (D), and (G) 

21 of paragraph (6), and paragraphs 

22 (9)(C)(i)(I) and (10)(B), of such section 

23 shall not apply, except in the case of the 

24 alien unlawfully entering the United States 

25 after June 15, 2007; 


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1 (G) 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) subparagraph (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 (H) was, on the date of the enactment of 

14 this Act— 

15 (i) an alien lawfully admitted for per16 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 grant20 ed asylum under section 208 of the Immi21 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 


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1 States in any nonimmigrant status (other 

2 than an alien considered to be a non3 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)), notwith9 standing any unauthorized employment or 

10 other violation of nonimmigrant status; 

11 (I) has failed to comply with the require12 ments of any removal order or voluntary depar13 ture agreement; 

14 (J) has been ordered removed in absentia 

15 pursuant to section 240(b)(5)(A) of the Immi16 gration and Nationality Act (8 U.S.C. 

17 1229a(b)(5)(A)); 

18 (K) has failed or refused to attend or re19 main in attendance at a proceeding to deter20 mine the alien’s inadmissibility or deportability; 

21 (L) if over the age of 18, has failed to 

22 demonstrate that he or she is able to maintain 

23 himself or herself at an annual income that is 

24 not less than 125 percent of the Federal pov25 erty level throughout the period of admission as 


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1 a contingent nonimmigrant, unless the alien has 

2 demonstrated that the alien is enrolled in, and 

3 is in regular full-time attendance at, an edu4 cational institution within the United States; 

5 (M) is delinquent with respect to any Fed6 eral, State, or local income or property tax li7 ability; 

8 (N) has failed to pay to the Treasury, in 

9 addition to any amounts owed, an amount equal 

10 to the aggregate value of any disbursements re11 ceived by such alien for refunds described in 

12 section 1324(b)(2); 

13 (O) has income that would result in tax li14 ability under section 1 of the Internal Revenue 

15 Code of 1986 and that was not reported to the 

16 Internal Revenue Service; or 

17 (P) has at any time engaged in sexual as18 sault or harassment. 

19 (c) APPLICATION PROCEDURES.— 

20 (1) IN GENERAL.—An alien may apply for con21 tingent nonimmigrant status by submitting a com22 pleted application form via electronic filing to the 

23 Secretary during the application period set forth in 

24 paragraph (2), in accordance with the interim final 

25 rule made by the Secretary under section 1105. 


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1 (2) APPLICATION PERIOD.—The Secretary may 

2 only accept applications for contingent non3 immigrant status from aliens in the United States 

4 during the 1-year period beginning on the date on 

5 which the interim final rule is published in the Fed6 eral Register pursuant to section 1105. 

7 (3) APPLICATION FORM.— 

8 (A) REQUIRED INFORMATION.—The appli9 cation form referred to in paragraph (1) shall 

10 collect such information as the Secretary deter11 mines to be necessary and appropriate in order 

12 to determine whether an alien meets the eligi13 bility requirements set forth in subsection (b). 

14 (B) INTERVIEW.—The Secretary shall con15 duct an in-person interview of each applicant 

16 for contingent nonimmigrant status under this 

17 section as part of the determination as to 

18 whether the alien meets the eligibility require19 ments set forth in subsection (b). 

20 (4) DOCUMENTARY REQUIREMENTS.—An appli21 cation filed by an alien under this section shall in22 clude the following: 

23 (A) One or more of the following docu24 ments demonstrating the alien’s identity: 


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1 (i) A passport (or national identity 

2 document) from the alien’s country of ori3 gin. 

4 (ii) A certified birth certificate along 

5 with photo identification. 

6 (iii) A State-issued identification card 

7 bearing the alien’s name and photograph. 

8 (iv) An Armed Forces identification 

9 card issued by the Department of Defense. 

10 (v) A Coast Guard identification card 

11 issued by the Department of Homeland Se12 curity. 

13 (B) A certified copy of the alien’s birth 

14 certificate or certified school transcript dem15 onstrating that the alien satisfies the require16 ment of subsection (b)(2)(A)(iii) and (v). 

17 (C) A certified school transcript dem18 onstrating that the alien satisfies the require19 ments of subsection (b)(2)(A)(ii) and (vi). 

20 (D) Immigration records from the Depart21 ment of Homeland Security (demonstrating 

22 that the alien satisfies the requirements under 

23 subsection (b)(2)(A)(i), (ii), and (vi)). 

24 (5) FEES.— 

25 (A) STANDARD PROCESSING FEE.— 


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1 (i) IN GENERAL.—Aliens applying for 

2 contingent nonimmigrant status under this 

3 section shall pay a processing fee to the 

4 Department of Homeland Security in an 

5 amount determined by the Secretary. 

6 (ii) RECOVERY OF COSTS.—The proc7 essing fee authorized under clause (i) shall 

8 be set at a level that is, at a minimum, 

9 sufficient to recover the full costs of proc10 essing the application, including any costs 

11 incurred— 

12 (I) to adjudicate the application; 

13 (II) to take and process bio14 metrics; 

15 (III) to perform national security 

16 and criminal checks; 

17 (IV) to prevent and investigate 

18 fraud; and 

19 (V) to administer the collection 

20 of such fee. 

21 (iii) DEPOSIT AND USE OF PROC22 ESSING FEES.—Fees collected under clause 

23 (i) shall be deposited into the Immigration 

24 Examinations Fee Account pursuant to 


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1 section 286(m) of the Immigration and 

2 Nationality Act (8 U.S.C. 1356(m)). 

3 (B) BORDER SECURITY FEE.— 

4 (i) IN GENERAL.—Aliens applying for 

5 contingent nonimmigrant status under this 

6 section shall pay a border security fee to 

7 the Department of Homeland Security in 

8 an amount of $1,000. 

9 (ii) USE OF BORDER SECURITY

10 FEES.—Fees collected under clause (i) 

11 shall be available, to the extent provided in 

12 advance in appropriation Acts, to the Sec13 retary of Homeland Security for the pur14 poses of carrying out division C, and the 

15 amendments made by that division. 

16 (6) ALIENS APPREHENDED BEFORE OR DURING

17 THE APPLICATION PERIOD.—If an alien who is ap18 prehended during the period beginning on the date 

19 of the enactment of this Act and ending on the last 

20 day of the application period described in paragraph 

21 (2) appears prima facie eligible for contingent non22 immigrant status, to the satisfaction of the Sec23 retary, the Secretary— 


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1 (A) shall provide the alien with a reason2 able opportunity to file an application under 

3 this section during such application period; and 

4 (B) may not remove the individual until 

5 the Secretary has denied the application, unless 

6 the Secretary, in the Secretary’s sole and 

7 unreviewable discretion, determines that expedi8 tious removal of the alien is in the national se9 curity, public safety, or foreign policy interests 

10 of the United States, or the Secretary will be 

11 required for constitutional reasons or court 

12 order to release the alien from detention. 

13 (7) SUSPENSION OF REMOVAL DURING APPLI14 CATION PERIOD.— 

15 (A) ALIENS IN REMOVAL PROCEEDINGS.— 

16 Notwithstanding any other provision of this di17 vision, if the Secretary determines that an 

18 alien, during the period beginning on the date 

19 of the enactment of this Act and ending on the 

20 last day of the application period described in 

21 subsection (c)(2), is in removal, deportation, or 

22 exclusion proceedings before the Executive Of23 fice for Immigration Review and is prima facie 

24 eligible for contingent nonimmigrant status 

25 under this section— 


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1 (i) the Secretary shall provide the 

2 alien with the opportunity to file an appli3 cation for such status; and 

4 (ii) upon motion by the alien and with 

5 the consent of the Secretary, the Executive 

6 Office for Immigration Review shall— 

7 (I) provide the alien a reasonable 

8 opportunity to apply for such status; 

9 and 

10 (II) if the alien applies within the 

11 time frame provided, suspend such 

12 proceedings until the Secretary has 

13 made a determination on the applica14 tion. 

15 (B) ALIENS ORDERED REMOVED.—If an 

16 alien who meets the eligibility requirements set 

17 forth in subsection (b) is present in the United 

18 States and has been ordered excluded, deported, 

19 or removed, or ordered to depart voluntarily 

20 from the United States pursuant to section 

21 212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the 

22 Immigration and Nationality Act (8 U.S.C. 

23 1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the 

24 Secretary shall provide the alien with the oppor25 tunity to file an application for contingent nonVerDate Sep 11 2014 21:40 Jan 11, 2018 Jkt 079200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\H4760.IH H4760

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1 immigrant status provided that the alien has 

2 not failed to comply with any order issued pur3 suant to section 239 or 240B of the Immigra4 tion and Nationality Act (8 U.S.C. 1229, 

5 1229c). 

6 (C) PERIOD PENDING ADJUDICATION OF

7 APPLICATION.—During the period beginning on 

8 the date on which an alien applies for contin9 gent nonimmigrant status under subsection (c) 

10 and ending on the date on which the Secretary 

11 makes a determination regarding such applica12 tion, an otherwise removable alien may not be 

13 removed from the United States unless— 

14 (i) the Secretary makes a prima facie 

15 determination that such alien is, or has be16 come, ineligible for contingent non17 immigrant status under subsection (b); or 

18 (ii) the Secretary, in the Secretary’s 

19 sole and unreviewable discretion, deter20 mines that removal of the alien is in the 

21 national security, public safety, or foreign 

22 policy interest of the United States. 

23 (8) SECURITY AND LAW ENFORCEMENT CLEAR24 ANCES.— 


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1 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

2 The Secretary may not grant contingent non3 immigrant status to an alien under this section 

4 unless such alien submits biometric and bio5 graphic data in accordance with procedures es6 tablished by the Secretary. 

7 (B) ALTERNATIVE PROCEDURES.—The 

8 Secretary may provide an alternative procedure 

9 for applicants who cannot provide the biometric 

10 data required under subparagraph (A) due to a 

11 physical impairment. 

12 (C) CLEARANCES.— 

13 (i) DATA COLLECTION.—The Sec14 retary shall collect, from each alien apply15 ing for status under this section, biometric, 

16 biographic, and other data that the Sec17 retary determines to be appropriate— 

18 (I) to conduct national security 

19 and law enforcement checks; and 

20 (II) to determine whether there 

21 are any factors that would render an 

22 alien ineligible for such status. 

23 (ii) ADDITIONAL SECURITY SCREEN24 ING.—The Secretary, in consultation with 

25 the Secretary of State and the heads of 


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1 other agencies as appropriate, shall con2 duct an additional security screening upon 

3 determining, in the Secretary’s opinion 

4 based upon information related to national 

5 security, that an alien is or was a citizen 

6 or resident of a region or country known to 

7 pose a threat, or that contains groups or 

8 organizations that pose a threat, to the na9 tional security of the United States. 

10 (iii) PREREQUISITE.—The required 

11 clearances and screenings described in 

12 clauses (i)(I) and (ii) shall be completed 

13 before the alien may be granted contingent 

14 nonimmigrant status. 

15 (9) DURATION OF STATUS AND EXTENSION.— 

16 The initial period of contingent nonimmigrant sta17 tus— 

18 (A) shall be 3 years unless revoked pursu19 ant to subsection (e); and 

20 (B) may be extended for additional 3-year 

21 terms if— 

22 (i) the alien remains eligible for con23 tingent nonimmigrant status under sub24 section (b); 


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1 (ii) the alien again passes background 

2 checks equivalent to the background checks 

3 described in subsection (c)(9); and 

4 (iii) such status was not revoked by 

5 the Secretary for any reason. 

6 (d) TERMS AND CONDITIONS OF CONTINGENT NON7 IMMIGRANT STATUS.— 

8 (1) WORK AUTHORIZATION.—The Secretary 

9 shall grant employment authorization to an alien 

10 granted contingent nonimmigrant status who re11 quests such authorization. 

12 (2) TRAVEL OUTSIDE THE UNITED STATES.— 

13 (A) IN GENERAL.—The status of a contin14 gent nonimmigrant who is absent from the 

15 United States without authorization shall be 

16 subject to revocation under subsection (e). 

17 (B) AUTHORIZATION.—The Secretary may 

18 authorize a contingent nonimmigrant to travel 

19 outside the United States and may grant the 

20 contingent nonimmigrant reentry provided that 

21 the contingent nonimmigrant— 

22 (i) was not absent from the United 

23 States for a period of more than 15 con24 secutive days, or 90 days in the aggregate 

25 during each 3-year period that the alien is 


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1 in contingent nonimmigrant status, unless 

2 the contingent nonimmigrant’s failure to 

3 return was due to extenuating cir4 cumstances beyond the individual’s control; 

5 and 

6 (ii) is otherwise admissible to the 

7 United States, except as provided in sub8 section (b)(4)(F). 

9 (C) CLARIFICATION ON ADMISSION.—The 

10 admission to the United States of a contingent 

11 nonimmigrant after such trips as described in 

12 subparagraph (B) shall not be considered an 

13 admission for the purposes of section 245(a) of 

14 the Immigration and Nationality Act (8 U.S.C. 

15 1255(a)). 

16 (3) INELIGIBILITY FOR HEALTH CARE SUB17 SIDIES AND REFUNDABLE TAX CREDITS.— 

18 (A) HEALTH CARE SUBSIDIES.—A contin19 gent nonimmigrant— 

20 (i) is not entitled to the premium as21 sistance tax credit authorized under sec22 tion 36B of the Internal Revenue Code of 

23 1986 and shall be subject to the rules ap24 plicable to individuals who are not lawfully 


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1 present set forth in subsection (e) of such 

2 section; and 

3 (ii) shall be subject to the rules appli4 cable to individuals who are not lawfully 

5 present set forth in section 1402(e) of the 

6 Patient Protection and Affordable Care 

7 Act (42 U.S.C. 18071(e)). 

8 (B) REFUNDABLE TAX CREDITS.—A con9 tingent nonimmigrant shall not be allowed any 

10 credit under sections 24 and 32 of the Internal 

11 Revenue Code of 1986. 

12 (4) FEDERAL, STATE, AND LOCAL PUBLIC BEN13 EFITS.—For purposes of title IV of the Personal Re14 sponsibility and Work Opportunity Reconciliation 

15 Act of 1996 (8 U.S.C. 1601 et seq.), a contingent 

16 nonimmigrant shall not be considered a qualified 

17 alien under the Immigration and Nationality Act (8 

18 U.S.C. 1101 et seq.). 

19 (5) CLARIFICATION.—An alien granted contin20 gent nonimmigrant status under this division shall 

21 not be considered to have been admitted to the 

22 United States for the purposes of section 245(a) of 

23 the Immigration and Nationality Act (8 U.S.C. 

24 1255(a)). 

25 (e) REVOCATION.— 


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1 (1) IN GENERAL.—The Secretary shall revoke 

2 the status of a contingent nonimmigrant at any time 

3 if the alien— 

4 (A) no longer meets the eligibility require5 ments set forth in subsection (b); 

6 (B) knowingly uses documentation issued 

7 under this section for an unlawful or fraudulent 

8 purpose; or 

9 (C) was absent from the United States at 

10 any time without authorization after being 

11 granted contingent nonimmigrant status. 

12 (2) ADDITIONAL EVIDENCE.—In determining 

13 whether to revoke an alien’s status under paragraph 

14 (1), the Secretary may require the alien— 

15 (A) to submit additional evidence; or 

16 (B) to appear for an in-person interview. 

17 (3) INVALIDATION OF DOCUMENTATION.—If an 

18 alien’s contingent nonimmigrant status is revoked 

19 under paragraph (1), any documentation issued by 

20 the Secretary to such alien under this section shall 

21 automatically be rendered invalid for any purpose 

22 except for departure from the United States. 

23 SEC. 1103. ADMINISTRATIVE AND JUDICIAL REVIEW. 

24 (a) EXCLUSIVE ADMINISTRATIVE REVIEW.—Admin25 istrative review of a determination of an application for 


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1 status, extension of status, or revocation of status under 

2 this division shall be conducted solely in accordance with 

3 this section. 

4 (b) ADMINISTRATIVE APPELLATE REVIEW.— 

5 (1) ESTABLISHMENT OF ADMINISTRATIVE AP6 PELLATE AUTHORITY.—The Secretary shall estab7 lish or designate an appellate authority to provide 

8 for a single level of administrative appellate review 

9 of a determination with respect to applications for 

10 status, extension of status, or revocation of status 

11 under this division. 

12 (2) SINGLE APPEAL FOR EACH ADMINISTRA13 TIVE DECISION.— 

14 (A) IN GENERAL.—An alien in the United 

15 States whose application for status under this 

16 division has been denied or revoked may file 

17 with the Secretary not more than 1 appeal, pur18 suant to this subsection, of each decision to 

19 deny or revoke such status. 

20 (B) NOTICE OF APPEAL.—A notice of ap21 peal filed under this subparagraph shall be filed 

22 not later than 30 calendar days after the date 

23 of service of the decision of denial or revocation. 


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1 (3) RECORD FOR REVIEW.—Administrative ap2 pellate review under this subsection shall be de novo 

3 and based only on— 

4 (A) the administrative record established 

5 at the time of the determination on the applica6 tion; and 

7 (B) any additional newly discovered or pre8 viously unavailable evidence. 

9 (c) JUDICIAL REVIEW.— 

10 (1) APPLICABLE PROVISIONS.—Judicial review 

11 of an administratively final denial or revocation of, 

12 or failure to extend, an application for status under 

13 this division shall be governed only by chapter 158 

14 of title 28, except as provided in paragraphs (2) and 

15 (3) of this subsection, and except that a court may 

16 not order the taking of additional evidence under 

17 section 2347(c) of such chapter. 

18 (2) SINGLE APPEAL FOR EACH ADMINISTRA19 TIVE DECISION.—An alien in the United States 

20 whose application for status under this division has 

21 been denied, revoked, or failed to be extended, may 

22 file not more than 1 appeal, pursuant to this sub23 section, of each decision to deny or revoke such sta24 tus. 

25 (3) LIMITATION ON CIVIL ACTIONS.— 


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1 (A) CLASS ACTIONS.—No court may cer2 tify a class under Rule 23 of the Federal Rules 

3 of Civil Procedure in any civil action filed after 

4 the date of the enactment of this Act pertaining 

5 to the administration or enforcement of the ap6 plication for status under this division. 

7 (B) REQUIREMENTS FOR AN ORDER

8 GRANTING PROSPECTIVE RELIEF AGAINST THE

9 GOVERNMENT.—If a court determines that pro10 spective relief should be ordered against the 

11 Government in any civil action pertaining to the 

12 administration or enforcement of the applica13 tion for status under this division, the court 

14 shall— 

15 (i) limit the relief to the minimum 

16 necessary to correct the violation of law; 

17 (ii) adopt the least intrusive means to 

18 correct the violation of law; 

19 (iii) minimize, to the greatest extent 

20 practicable, the adverse impact on national 

21 security, border security, immigration ad22 ministration and enforcement, and public 

23 safety; 

24 (iv) provide for the expiration of the 

25 relief on a specific date, which allows for 


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1 the minimum practical time needed to rem2 edy the violation; and 

3 (v) limit the relief to the case at issue 

4 and shall not extend any prospective relief 

5 to include any other application for status 

6 under this division pending before the Sec7 retary or in a Federal court (whether in 

8 the same or another jurisdiction). 

9 SEC. 1104. PENALTIES AND SIGNATURE REQUIREMENTS. 

10 (a) PENALTIES FOR FALSE STATEMENTS IN APPLI11 CATIONS.—Whoever files an initial or renewal application 

12 for contingent nonimmigrant status under this division 

13 and knowingly and willfully falsifies, misrepresents, con14 ceals, or covers up a material fact or makes any false, ficti15 tious, or fraudulent statements or representations, or 

16 makes or uses any false writing or document knowing the 

17 same to contain any false, fictitious, or fraudulent state18 ment or entry, shall be fined in accordance with title 18, 

19 United States Code, or imprisoned not more than 5 years, 

20 or both. 

21 (b) SIGNATURE REQUIREMENTS.—An applicant 

22 under this division shall sign their application, and the sig23 nature shall be an original signature. A parent or legal 

24 guardian may sign for a child or for an applicant whose 

25 physical or developmental disability or mental impairment 


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1 prevents the applicant from being competent to sign. In 

2 such a case, the filing shall include evidence of parentage 

3 or legal guardianship. 

4 SEC. 1105. RULEMAKING. 

5 Not later than 1 year after the date of the enactment 

6 of this Act, the Secretary shall issue interim final regula7 tions to implement this division, which shall take effect 

8 immediately upon publication in the Federal Register. 

9 SEC. 1106. STATUTORY CONSTRUCTION. 

10 Except as specifically provided, nothing in this divi11 sion may be construed to create any substantive or proce12 dural right or benefit that is legally enforceable by any 

13 party against the United States or its agencies or officers 

14 or any other person. 

Æ 


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