I 

115TH CONGRESS 

2D SESSION H. R. 4796 

To provide relief from removal and adjustment of status of certain individuals 

who are long-term United States residents and who entered the United 

States before reaching the age of 18, improve border security, foster 

United States engagement in Central America, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2018 

Mr. HURD (for himself, Mr. AGUILAR, Mr. UPTON, Ms. ROS-LEHTINEN, Mr. 

DENT, Mr. AMODEI, Mr. BARTON, Ms. STEFANIK, Mr. VALADAO, Mr. 

FASO, Mr. DENHAM, Mr. LANCE, Mr. KATKO, Mr. FITZPATRICK, Mrs. 

LOVE, Mrs. BROOKS of Indiana, Miss GONZA ́LEZ-COLO ́N of Puerto Rico, 

Mr. NEWHOUSE, Mr. STIVERS, Mr. SHUSTER, Mr. COSTELLO of Pennsylvania, Mr. KING of New York, Mr. KNIGHT, Mr. REICHERT, Mr. FLORES, Mr. BACON, Ms. SEWELL of Alabama, Mr. WELCH, Ms. CLARKE of 

New York, Ms. ROYBAL-ALLARD, Ms. MICHELLE LUJAN GRISHAM of 

New Mexico, Mr. O’HALLERAN, Mr. CRIST, Mr. CARBAJAL, Ms. SINEMA, 

Ms. ROSEN, Mr. RUIZ, Mr. CUELLAR, Ms. EDDIE BERNICE JOHNSON of 

Texas, Ms. JUDY CHU of California, Mr. PETERS, Mr. SCHNEIDER, Ms. 

LOFGREN, Mr. GOTTHEIMER, Mrs. BUSTOS, Mr. HIMES, Mr. POLIS, Mr. 

RICHMOND, Miss RICE of New York, and Ms. DELBENE) introduced the 

following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Homeland Security, Education and the 

Workforce, Energy and Commerce, and Foreign Affairs, 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 provide relief from removal and adjustment of status 

of certain individuals who are long-term United States 

residents and who entered the United States before 


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reaching the age of 18, improve border security, foster 

United States engagement in Central America, 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 ‘‘Uniting and Securing America Act of 2018’’ or as the 

6 ‘‘USA Act of 2018’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADJUSTMENT OF STATUS FOR CERTAIN INDIVIDUALS 

WHO ENTERED THE UNITED STATES AS CHILDREN 

Sec. 101. Definitions. 

Sec. 102. Permanent resident status on a conditional basis for certain longterm residents who entered the United States as children. 

Sec. 103. Terms of permanent resident status on a conditional basis. 

Sec. 104. Removal of conditional basis of permanent resident status. 

Sec. 105. Documentation requirements. 

Sec. 106. Rulemaking. 

Sec. 107. Confidentiality of information. 

Sec. 108. Restoration of State option to determine residency for purposes of 

higher education benefits. 

TITLE II—SECURE MILES WITH ALL RESOURCES AND 

TECHNOLOGY 

Sec. 201. Definitions. 

Subtitle A—Infrastructure and Equipment 

Sec. 211. Strengthening the requirements for border security technology along 

the southern border. 

Sec. 212. Comprehensive southern border strategy. 

Sec. 213. Control or eradication of carrizo cane and salt cedar. 

Sec. 214. Air and Marine Operations flight hours. 

Sec. 215. Ports of entry infrastructure. 

Subtitle B—Grants 

Sec. 221. Operation Stonegarden. 

Sec. 222. Southern border region emergency communications grant. 


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TITLE III—REDUCING SIGNIFICANT DELAYS IN IMMIGRATION 

COURT 

Sec. 301. Eliminate immigration court backlogs. 

Sec. 302. Improved training for immigration judges and members of the Board 

of Immigration Appeals. 

Sec. 303. New technology to improve court efficiency. 

TITLE IV—ADVANCING REFORMS IN CENTRAL AMERICA TO 

ADDRESS THE FACTORS DRIVING MIGRATION 

Sec. 401. Definitions. 

Subtitle A—Effectively Coordinating United States Engagement in Central 

America 

Sec. 411. United States coordinator for engagement in Central America. 

Subtitle B—Targeting Assistance to Appropriate Communities in the 

Northern Triangle 

Sec. 421. Targeting assistance to appropriate communities. 

Subtitle C—Regional Millennium Challenge Corporation Compacts 

Sec. 431. MCC compacts. 

Subtitle D—United States Leadership for Engaging International Donors and 

Partners 

Sec. 441. Requirement for strategy to secure support of international donors 

and partners. 

1 TITLE I—ADJUSTMENT OF STA2 TUS FOR CERTAIN INDIVID3 UALS WHO ENTERED THE 

4 UNITED STATES AS CHIL5 DREN 

6 SEC. 101. DEFINITIONS. 

7 In this title: 

8 (1) IN GENERAL.—Except as otherwise specifi9 cally provided, any term used in this title that is 

10 used in the immigration laws shall have the meaning 

11 given such term in the immigration laws. 


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1 (2) DACA.—The term ‘‘DACA’’ means de2 ferred action granted to an alien pursuant to the 

3 Deferred Action for Childhood Arrivals program an4 nounced by President Obama on June 15, 2012. 

5 (3) DISABILITY.—The term ‘‘disability’’ has the 

6 meaning given such term in section 3(1) of the 

7 Americans with Disabilities Act of 1990 (42 U.S.C. 

8 12102(1)). 

9 (4) EARLY CHILDHOOD EDUCATION PRO10 GRAM.—The term ‘‘early childhood education pro11 gram’’ has the meaning given such term in section 

12 103 of the Higher Education Act of 1965 (20 

13 U.S.C. 1003). 

14 (5) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC15 ONDARY SCHOOL.—The terms ‘‘elementary school’’, 

16 ‘‘high school’’, and ‘‘secondary school’’ have the 

17 meanings given such terms in section 8101 of the 

18 Elementary and Secondary Education Act of 1965 

19 (20 U.S.C. 7801). 

20 (6) IMMIGRATION LAWS.—The term ‘‘immigra21 tion laws’’ has the meaning given such term in sec22 tion 101(a)(17) of the Immigration and Nationality 

23 Act (8 U.S.C. 1101(a)(17)). 

24 (7) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’— 


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1 (A) except as provided in subparagraph 

2 (B), has the meaning given such term in section 

3 102 of the Higher Education Act of 1965 (20 

4 U.S.C. 1002); and 

5 (B) does not include an institution of high6 er education outside of the United States. 

7 (8) PERMANENT RESIDENT STATUS ON A CON8 DITIONAL BASIS.—The term ‘‘permanent resident 

9 status on a conditional basis’’ means status as an 

10 alien lawfully admitted for permanent residence on 

11 a conditional basis under this title. 

12 (9) POVERTY LINE.—The term ‘‘poverty line’’ 

13 has the meaning given such term in section 673 of 

14 the Community Services Block Grant Act (42 U.S.C. 

15 9902). 

16 (10) SECRETARY.—Except as otherwise specifi17 cally provided, the term ‘‘Secretary’’ means the Sec18 retary of Homeland Security. 

19 (11) UNIFORMED SERVICES.—The term ‘‘Uni20 formed Services’’ has the meaning given the term 

21 ‘‘uniformed services’’ in section 101(a) of title 10, 

22 United States Code. 


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1 SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI2 TIONAL BASIS FOR CERTAIN LONG-TERM 

3 RESIDENTS WHO ENTERED THE UNITED 

4 STATES AS CHILDREN. 

5 (a) CONDITIONAL BASIS FOR STATUS.—Notwith6 standing any other provision of law, and except as pro7 vided in subsection (c)(2) of section 104, an alien shall 

8 be considered, at the time of obtaining the status of an 

9 alien lawfully admitted for permanent residence under this 

10 section, to have obtained such status on a conditional basis 

11 subject to the provisions under this title. 

12 (b) REQUIREMENTS.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, the Secretary shall cancel the re15 moval of, and adjust to the status of an alien law16 fully admitted for permanent residence on a condi17 tional basis, or without such conditional basis as 

18 provided in subsection (c)(2) of section 104, an alien 

19 who is inadmissible or deportable from the United 

20 States or is in temporary protected status under sec21 tion 244 of the Immigration and Nationality Act (8 

22 U.S.C. 1254a), if— 

23 (A) the alien has been continuously phys24 ically present in the United States since Decem25 ber 31, 2013; 


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1 (B) the alien was younger than 18 years of 

2 age on the date on which the alien initially en3 tered the United States; 

4 (C) subject to paragraphs (2) and (3), the 

5 alien— 

6 (i) is not inadmissible under para7 graph (2), (3), (6)(E), (6)(G), (8), 

8 (10)(A), (10)(C), or (10)(D) of section 

9 212(a) of the Immigration and Nationality 

10 Act (8 U.S.C. 1182(a)); 

11 (ii) has not ordered, incited, assisted, 

12 or otherwise participated in the persecution 

13 of any person on account of race, religion, 

14 nationality, membership in a particular so15 cial group, or political opinion; and 

16 (iii) other than an offense under State 

17 or local law for which an essential element 

18 was the alien’s immigration status, a 

19 minor traffic offense, or a violation of this 

20 title, has not been convicted of— 

21 (I) any offense under Federal or 

22 State law punishable by a maximum 

23 term of imprisonment of more than 1 

24 year; 


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1 (II) any combination of offenses 

2 under Federal or State law, for which 

3 the alien was sentenced to imprison4 ment for a total of more than 1 year; 

5 or 

6 (III) a crime of domestic violence 

7 (as such term is defined in section 

8 237(a)(2)(E)(i) of the Immigration 

9 and Nationality Act (8 U.S.C. 

10 1227(a)(2)(E)(i))), unless— 

11 (aa) the alien has filed an 

12 application under section 

13 101(a)(15)(T), 101(a)(15)(U), 

14 106, or 240A(b)(2) of the Immi15 gration and Nationality Act or 

16 section 244(a)(3) of such Act (as 

17 in effect on March 31, 1997); 

18 (bb) the alien is a VAWA 

19 self-petitioner for immigration re20 lief, as defined in section 

21 101(a)(51) of the Immigration 

22 and Nationality Act; 

23 (cc) the alien provides evi24 dence that the alien’s crime of 

25 domestic violence is related to her 


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1 or his having been a victim her2 self or himself of domestic vio3 lence, sexual assault, stalking, 

4 child abuse or neglect, elder 

5 abuse or neglect, human traf6 ficking, having been battered or 

7 subjected to extreme cruelty, hav8 ing been a victim of criminal ac9 tivity described in section 

10 101(a)(15)(U)(iii) of the Immi11 gration and Nationality Act; or 

12 (dd) the alien is a witness 

13 involved in a pending criminal or 

14 government agency investigation 

15 or prosecution related to the 

16 crime of domestic violence; and 

17 (D) the alien— 

18 (i) has been admitted to an institution 

19 of higher education; 

20 (ii) has earned a high school diploma 

21 or a commensurate alternative award from 

22 a public or private high school, or has ob23 tained a general education development 

24 certificate recognized under State law or a 


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1 high school equivalency diploma in the 

2 United States; or 

3 (iii) is enrolled in secondary school or 

4 in an education program assisting students 

5 in— 

6 (I) obtaining a regular high 

7 school diploma or its recognized equiv8 alent under State law; or 

9 (II) in passing a general edu10 cational development exam, a high 

11 school equivalence diploma examina12 tion, or other similar State-authorized 

13 exam. 

14 (2) WAIVER.—With respect to any benefit 

15 under this title, the Secretary may waive subclauses 

16 (I), (II), and (III) of subsection (b)(1)(C)(iii) of this 

17 section, and the grounds of inadmissibility under 

18 paragraph (2), (6)(E), (6)(G), or (10)(D) of section 

19 212(a) of the Immigration and Nationality Act (8 

20 U.S.C. 1182(a)) for humanitarian purposes, family 

21 unity, or if the waiver is otherwise in the public in22 terest. 

23 (3) TREATMENT OF EXPUNGED CONVIC24 TIONS.—For purposes of cancellation of removal, ad25 justment to permanent resident status on a condiVerDate Sep 11 2014 02:09 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4796.IH H4796

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1 tional basis, or other adjustment of status, the term 

2 ‘‘conviction’’ does not include an adjudication or 

3 judgment of guilt that has been dismissed, ex4 punged, deferred, annulled, invalidated, withheld, 

5 sealed, vacated, pardoned, an order of probation 

6 without entry of judgment, or any similar rehabilita7 tive disposition. 

8 (4) DACA RECIPIENTS.—The Secretary shall 

9 cancel the removal of, and adjust to the status of an 

10 alien lawfully admitted for permanent residence on 

11 a conditional basis, an alien who was granted DACA 

12 unless the alien has engaged in conduct since the 

13 alien was granted DACA that would make the alien 

14 ineligible for DACA. 

15 (5) APPLICATION FEE.— 

16 (A) IN GENERAL.—The Secretary shall re17 quire an alien applying for permanent resident 

18 status on a conditional basis under this section 

19 to pay a reasonable fee that is commensurate 

20 with the cost of processing the application. 

21 (B) EXEMPTION.—An applicant may be 

22 exempted from paying the fee required under 

23 subparagraph (A) if the alien— 

24 (i)(I) is younger than 18 years of age; 


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1 (II) received total income, during the 

2 12-month period immediately preceding the 

3 date on which the alien files an application 

4 under this section, that is less than 150 

5 percent poverty line; and 

6 (III) is in foster care or otherwise 

7 lacking any parental or other familial sup8 port; 

9 (ii) is younger than 18 years of age 

10 and is homeless; 

11 (iii)(I) cannot care for himself or her12 self because of a serious, chronic disability; 

13 and 

14 (II) received total income, during the 

15 12-month period immediately preceding the 

16 date on which the alien files an application 

17 under this section, that is less than 150 

18 percent of the poverty line; or 

19 (iv)(I) during the 12-month period im20 mediately preceding the date on which the 

21 alien files an application under this sec22 tion, accumulated $10,000 or more in debt 

23 as a result of unreimbursed medical ex24 penses incurred by the alien or an imme25 diate family member of the alien; and 


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1 (II) received total income, during the 

2 12-month period immediately preceding the 

3 date on which the alien files an application 

4 under this section, that is less than 150 

5 percent of the poverty line. 

6 (6) SUBMISSION OF BIOMETRIC AND BIO7 GRAPHIC DATA.—The Secretary may not grant an 

8 alien permanent resident status on a conditional 

9 basis under this section unless the alien submits bio10 metric and biographic data, in accordance with pro11 cedures established by the Secretary. The Secretary 

12 shall provide an alternative procedure for aliens who 

13 are unable to provide such biometric or biographic 

14 data because of a physical impairment. 

15 (7) BACKGROUND CHECKS.— 

16 (A) REQUIREMENT FOR BACKGROUND

17 CHECKS.—The Secretary shall utilize biometric, 

18 biographic, and other data that the Secretary 

19 determines appropriate— 

20 (i) to conduct security and law en21 forcement background checks of an alien 

22 seeking permanent resident status on a 

23 conditional basis under this section; and 

24 (ii) to determine whether there is any 

25 criminal, national security, or other factor 


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1 that would render the alien ineligible for 

2 such status. 

3 (B) COMPLETION OF BACKGROUND

4 CHECKS.—The security and law enforcement 

5 background checks of an alien required under 

6 subparagraph (A) shall be completed, to the 

7 satisfaction of the Secretary, before the date on 

8 which the Secretary grants such alien perma9 nent resident status on a conditional basis 

10 under this section. 

11 (8) MEDICAL EXAMINATION.— 

12 (A) REQUIREMENT.—An alien applying for 

13 permanent resident status on a conditional 

14 basis under this section shall undergo a medical 

15 examination. 

16 (B) POLICIES AND PROCEDURES.—The 

17 Secretary, with the concurrence of the Sec18 retary of Health and Human Services, shall 

19 prescribe policies and procedures for the nature 

20 and timing of the examination required under 

21 subparagraph (A). 

22 (9) MILITARY SELECTIVE SERVICE.—An alien 

23 applying for permanent resident status on a condi24 tional basis under this section shall establish that 

25 the alien has registered under the Military Selective 


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1 Service Act (50 U.S.C. 3801 et seq.), if the alien is 

2 subject to registration under such Act. 

3 (c) DETERMINATION OF CONTINUOUS PRESENCE.— 

4 (1) TERMINATION OF CONTINUOUS PERIOD.— 

5 Any period of continuous physical presence in the 

6 United States of an alien who applies for permanent 

7 resident status on a conditional basis under this sec8 tion shall not terminate when the alien is served a 

9 notice to appear under section 239(a) of the Immi10 gration and Nationality Act (8 U.S.C. 1229(a)). 

11 (2) TREATMENT OF CERTAIN BREAKS IN PRES12 ENCE.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraphs (B) and (C), an alien shall be 

15 considered to have failed to maintain contin16 uous physical presence in the United States 

17 under subsection (b)(1)(A) if the alien has de18 parted from the United States for any period 

19 exceeding 90 days or for any periods, in the ag20 gregate, exceeding 180 days. 

21 (B) EXTENSIONS FOR EXTENUATING CIR22 CUMSTANCES.—The Secretary may extend the 

23 time periods described in subparagraph (A) for 

24 an alien who demonstrates that the failure to 

25 timely return to the United States was due to 


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1 extenuating circumstances beyond the alien’s 

2 control, including the serious illness of the 

3 alien, or death or serious illness of a parent, 

4 grandparent, sibling, or child of the alien. 

5 (C) TRAVEL AUTHORIZED BY THE SEC6 RETARY.—Any period of travel outside of the 

7 United States by an alien that was authorized 

8 by the Secretary may not be counted toward 

9 any period of departure from the United States 

10 under subparagraph (A). 

11 (d) LIMITATION ON REMOVAL OF CERTAIN

12 ALIENS.— 

13 (1) IN GENERAL.—The Secretary or the Attor14 ney General may not remove an alien who appears 

15 prima facie eligible for relief under this section. 

16 (2) ALIENS SUBJECT TO REMOVAL.—The Sec17 retary shall provide a reasonable opportunity to 

18 apply for relief under this section to any alien who 

19 requests such an opportunity or who appears prima 

20 facie eligible for relief under this section if the alien 

21 is in removal proceedings, is the subject of a final 

22 removal order, or is the subject of a voluntary depar23 ture order. 

24 (3) CERTAIN ALIENS ENROLLED IN ELEMEN25 TARY OR SECONDARY SCHOOL.— 


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1 (A) STAY OF REMOVAL.—The Attorney 

2 General shall stay the removal proceedings of 

3 an alien who— 

4 (i) meets all the requirements under 

5 subparagraphs (A), (B), and (C) of sub6 section (b)(1), subject to paragraphs (2) 

7 and (3) of such subsection; 

8 (ii) is at least 5 years of age; and 

9 (iii) is enrolled in an elementary 

10 school, a secondary school, or an early 

11 childhood education program. 

12 (B) COMMENCEMENT OF REMOVAL PRO13 CEEDINGS.—The Secretary may not commence 

14 removal proceedings for an alien described in 

15 subparagraph (A). 

16 (C) EMPLOYMENT.—An alien whose re17 moval is stayed pursuant to subparagraph (A) 

18 or who may not be placed in removal pro19 ceedings pursuant to subparagraph (B) shall, 

20 upon application to the Secretary, be granted 

21 an employment authorization document. 

22 (D) LIFT OF STAY.—The Secretary or At23 torney General may not lift the stay granted to 

24 an alien under subparagraph (A) unless the 


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1 alien ceases to meet the requirements under 

2 such subparagraph. 

3 (e) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

4 Nothing in this section or in any other law may be con5 strued to apply a numerical limitation on the number of 

6 aliens who may be granted permanent resident status, on 

7 a conditional basis or otherwise, under this title. 

8 SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A 

9 CONDITIONAL BASIS. 

10 (a) PERIOD OF STATUS.—Permanent resident status 

11 on a conditional basis is— 

12 (1) valid for a period of 8 years, unless such pe13 riod is extended by the Secretary; and 

14 (2) subject to termination under subsection (c). 

15 (b) NOTICE OF REQUIREMENTS.—At the time an 

16 alien obtains permanent resident status on a conditional 

17 basis, the Secretary shall provide notice to the alien re18 garding the provisions of this title and the requirements 

19 to have the conditional basis of such status removed. 

20 (c) TERMINATION OF STATUS.—The Secretary may 

21 terminate the permanent resident status on a conditional 

22 basis of an alien only if the Secretary— 

23 (1) determines that the alien ceases to meet the 

24 requirements under paragraph (1)(C) of section 


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1 102(b), subject to paragraphs (2) and (3) of that 

2 section; and 

3 (2) prior to the termination, provides the 

4 alien— 

5 (A) notice of the proposed termination; 

6 and 

7 (B) the opportunity for a hearing to pro8 vide evidence that the alien meets such require9 ments or otherwise contest the termination. 

10 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), an alien whose permanent resident status 

13 on a conditional basis expires under subsection 

14 (a)(1) or is terminated under subsection (c) or 

15 whose application for such status is denied shall re16 turn to the immigration status that the alien had 

17 immediately before receiving permanent resident sta18 tus on a conditional basis or applying for such sta19 tus, as appropriate. 

20 (2) SPECIAL RULE FOR TEMPORARY PRO21 TECTED STATUS.—An alien whose permanent resi22 dent status on a conditional basis expires under sub23 section (a)(1) or is terminated under subsection (c) 

24 or whose application for such status is denied and 

25 who had temporary protected status under section 


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1 244 of the Immigration and Nationality Act (8 

2 U.S.C. 1254a) immediately before receiving or ap3 plying for such permanent resident status on a con4 ditional basis, as appropriate, may not return to 

5 such temporary protected status if— 

6 (A) the relevant designation under section 

7 244(b) of the Immigration and Nationality Act 

8 (8 U.S.C. 1254a(b)) has been terminated; or 

9 (B) the Secretary determines that the rea10 son for terminating the permanent resident sta11 tus on a conditional basis renders the alien in12 eligible for such temporary protected status. 

13 SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMA14 NENT RESIDENT STATUS. 

15 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

16 BASIS.— 

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

18 the Secretary shall remove the conditional basis of 

19 an alien’s permanent resident status granted under 

20 this title and grant the alien status as an alien law21 fully admitted for permanent residence if the alien— 

22 (A) is described in paragraph (1)(C) of 

23 section 102(b), subject to paragraphs (2) and 

24 (3) of that section; 


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1 (B) has not abandoned the alien’s resi2 dence in the United States; and 

3 (C)(i) has acquired a degree from an insti4 tution of higher education or has completed at 

5 least 2 years, in good standing, in a postsec6 ondary vocational program or in a program for 

7 a bachelor’s degree or higher degree in the 

8 United States; 

9 (ii) has served in the Uniformed Services 

10 for at least the period for which the alien was 

11 obligated to serve on active duty and, if dis12 charged, received an honorable discharge; or 

13 (iii) has been employed for periods totaling 

14 at least 3 years and at least 80 percent of the 

15 time that the alien has had a valid employment 

16 authorization, except that any period during 

17 which the alien is not employed while having a 

18 valid employment authorization and is enrolled 

19 in an institution of higher education, a sec20 ondary school, or an education program de21 scribed in section 3(b)(1)(D)(iii), shall not 

22 count toward the time requirements under this 

23 clause. 

24 (2) HARDSHIP EXCEPTION.—The Secretary 

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1 manent resident status and grant the alien status as 

2 an alien lawfully admitted for permanent residence 

3 if the alien— 

4 (A) satisfies the requirements under sub5 paragraphs (A) and (B) of paragraph (1); 

6 (B) demonstrates compelling circumstances 

7 for the inability to satisfy the requirements 

8 under subparagraph (C) of such paragraph; and 

9 (C) demonstrates that— 

10 (i) the alien has a disability; 

11 (ii) the alien is a full-time caregiver of 

12 a minor child; or 

13 (iii) the removal of the alien from the 

14 United States would result in extreme 

15 hardship to the alien or the alien’s spouse, 

16 parent, or child who is a national of the 

17 United States or is lawfully admitted for 

18 permanent residence. 

19 (3) CITIZENSHIP REQUIREMENT.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the conditional basis of an 

22 alien’s permanent resident status granted under 

23 this title may not be removed unless the alien 

24 demonstrates that the alien satisfies the reVerDate Sep 11 2014 02:09 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4796.IH H4796

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1 quirements under section 312(a) of the Immi2 gration and Nationality Act (8 U.S.C. 1423(a)). 

3 (B) EXCEPTION.—Subparagraph (A) shall 

4 not apply to an alien who is unable to meet the 

5 requirements under such section 312(a) due to 

6 disability. 

7 (4) APPLICATION FEE.— 

8 (A) IN GENERAL.—The Secretary shall re9 quire aliens applying for lawful permanent resi10 dent status under this section to pay a reason11 able fee that is commensurate with the cost of 

12 processing the application. 

13 (B) EXEMPTION.—An applicant may be 

14 exempted from paying the fee required under 

15 subparagraph (A) if the alien— 

16 (i)(I) is younger than 18 years of age; 

17 (II) received total income, during the 

18 12-month period immediately preceding the 

19 date on which the alien files an application 

20 under this section, that is less than 150 

21 percent of the poverty line; and 

22 (III) is in foster care or otherwise 

23 lacking any parental or other familial sup24 port; 


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1 (ii) is younger than 18 years of age 

2 and is homeless; 

3 (iii)(I) cannot care for himself or her4 self because of a serious, chronic disability; 

5 and 

6 (II) received total income, during the 

7 12-month period immediately preceding the 

8 date on which the alien files an application 

9 under this section, that is less than 150 

10 percent of the poverty line; or 

11 (iv)(I) during the 12-month period im12 mediately preceding the date on which the 

13 alien files an application under this sec14 tion, the alien accumulated $10,000 or 

15 more in debt as a result of unreimbursed 

16 medical expenses incurred by the alien or 

17 an immediate family member of the alien; 

18 and 

19 (II) received total income, during the 

20 12-month period immediately preceding the 

21 date on which the alien files an application 

22 under this section, that is less than 150 

23 percent of the poverty line. 

24 (5) SUBMISSION OF BIOMETRIC AND BIO25 GRAPHIC DATA.—The Secretary may not remove the 


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1 conditional basis of an alien’s permanent resident 

2 status unless the alien submits biometric and bio3 graphic data, in accordance with procedures estab4 lished by the Secretary. The Secretary shall provide 

5 an alternative procedure for applicants who are un6 able to provide such biometric data because of a 

7 physical impairment. 

8 (6) BACKGROUND CHECKS.— 

9 (A) REQUIREMENT FOR BACKGROUND

10 CHECKS.—The Secretary shall utilize biometric, 

11 biographic, and other data that the Secretary 

12 determines appropriate— 

13 (i) to conduct security and law en14 forcement background checks of an alien 

15 applying for removal of the conditional 

16 basis of the alien’s permanent resident sta17 tus; and 

18 (ii) to determine whether there is any 

19 criminal, national security, or other factor 

20 that would render the alien ineligible for 

21 removal of such conditional basis. 

22 (B) COMPLETION OF BACKGROUND

23 CHECKS.—The security and law enforcement 

24 background checks of an alien required under 

25 subparagraph (A) shall be completed, to the 


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1 satisfaction of the Secretary, before the date on 

2 which the Secretary removes the conditional 

3 basis of the alien’s permanent resident status. 

4 (b) TREATMENT FOR PURPOSES OF NATURALIZA5 TION.— 

6 (1) IN GENERAL.—For purposes of title III of 

7 the Immigration and Nationality Act (8 U.S.C. 1401 

8 et seq.), an alien granted permanent resident status 

9 on a conditional basis shall be considered to have 

10 been admitted to the United States, and be present 

11 in the United States, as an alien lawfully admitted 

12 for permanent residence. 

13 (2) LIMITATION ON APPLICATION FOR NATU14 RALIZATION.—An alien may not apply for natu15 ralization while the alien is in permanent resident 

16 status on a conditional basis. 

17 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

18 RESIDENCE STATUS.— 

19 (1) IN GENERAL.—An alien granted lawful per20 manent residence on a conditional basis under this 

21 title may apply to have such conditional basis re22 moved at any time after such alien has met the eligi23 bility requirements set forth in subsection (a). 

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1 manent residence status without conditional basis to 

2 any alien who demonstrates eligibility for lawful per3 manent residence status on a conditional basis under 

4 section 102, if such alien has already fulfilled the re5 quirements of subsection (a) at the time such alien 

6 first submits an application for benefits under this 

7 title. 

8 SEC. 105. DOCUMENTATION REQUIREMENTS. 

9 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

10 alien’s application for permanent resident status on a con11 ditional basis may include, as proof of identity— 

12 (1) a passport or national identity document 

13 from the alien’s country of origin that includes the 

14 alien’s name and the alien’s photograph or finger15 print; 

16 (2) the alien’s birth certificate and an identity 

17 card that includes the alien’s name and photograph; 

18 (3) a school identification card that includes the 

19 alien’s name and photograph, and school records 

20 showing the alien’s name and that the alien is or 

21 was enrolled at the school; 

22 (4) a Uniformed Services identification card 

23 issued by the Department of Defense; 


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1 (5) any immigration or other document issued 

2 by the United States Government bearing the alien’s 

3 name and photograph; or 

4 (6) a State-issued identification card bearing 

5 the alien’s name and photograph. 

6 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS7 ICAL PRESENCE IN THE UNITED STATES.—To establish 

8 that an alien has been continuously physically present in 

9 the United States, as required under section 102(b)(1)(A), 

10 or to establish that an alien has not abandoned residence 

11 in the United States, as required under section 

12 104(a)(1)(B), the alien may submit documents to the Sec13 retary, including— 

14 (1) employment records that include the em15 ployer’s name and contact information; 

16 (2) records from any educational institution the 

17 alien has attended in the United States; 

18 (3) records of service from the Uniformed Serv19 ices; 

20 (4) official records from a religious entity con21 firming the alien’s participation in a religious cere22 mony; 

23 (5) passport entries; 

24 (6) a birth certificate for a child who was born 

25 in the United States; 


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1 (7) automobile license receipts or registration; 

2 (8) deeds, mortgages, or rental agreement con3 tracts; 

4 (9) tax receipts; 

5 (10) insurance policies; 

6 (11) remittance records; 

7 (12) rent receipts or utility bills bearing the 

8 alien’s name or the name of an immediate family 

9 member of the alien, and the alien’s address; 

10 (13) copies of money order receipts for money 

11 sent in or out of the United States; 

12 (14) dated bank transactions; or 

13 (15) two or more sworn affidavits from individ14 uals who are not related to the alien who have direct 

15 knowledge of the alien’s continuous physical pres16 ence in the United States, that contain— 

17 (A) the name, address, and telephone num18 ber of the affiant; and 

19 (B) the nature and duration of the rela20 tionship between the affiant and the alien. 

21 (c) DOCUMENTS ESTABLISHING INITIAL ENTRY

22 INTO THE UNITED STATES.—To establish under section 

23 102(b)(1)(B) that an alien was younger than 18 years of 

24 age on the date on which the alien initially entered the 


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1 United States, an alien may submit documents to the Sec2 retary, including— 

3 (1) an admission stamp on the alien’s passport; 

4 (2) records from any educational institution the 

5 alien has attended in the United States; 

6 (3) any document from the Department of Jus7 tice or the Department of Homeland Security stat8 ing the alien’s date of entry into the United States; 

9 (4) hospital or medical records showing medical 

10 treatment or hospitalization, the name of the med11 ical facility or physician, and the date of the treat12 ment or hospitalization; 

13 (5) rent receipts or utility bills bearing the 

14 alien’s name or the name of an immediate family 

15 member of the alien, and the alien’s address; 

16 (6) employment records that include the em17 ployer’s name and contact information; 

18 (7) official records from a religious entity con19 firming the alien’s participation in a religious cere20 mony; 

21 (8) a birth certificate for a child who was born 

22 in the United States; 

23 (9) automobile license receipts or registration; 

24 (10) deeds, mortgages, or rental agreement con25 tracts; 


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1 (11) tax receipts; 

2 (12) travel records; 

3 (13) copies of money order receipts sent in or 

4 out of the country; 

5 (14) dated bank transactions; 

6 (15) remittance records; or 

7 (16) insurance policies. 

8 (d) DOCUMENTS ESTABLISHING ADMISSION TO AN

9 INSTITUTION OF HIGHER EDUCATION.—To establish that 

10 an alien has been admitted to an institution of higher edu11 cation, the alien shall submit to the Secretary a document 

12 from the institution of higher education certifying that the 

13 alien— 

14 (1) has been admitted to the institution; or 

15 (2) is currently enrolled in the institution as a 

16 student. 

17 (e) DOCUMENTS ESTABLISHING RECEIPT OF A DE18 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

19 To establish that an alien has acquired a degree from an 

20 institution of higher education in the United States, the 

21 alien shall submit to the Secretary a diploma or other doc22 ument from the institution stating that the alien has re23 ceived such a degree. 

24 (f) DOCUMENTS ESTABLISHING RECEIPT OF HIGH

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1 MENT CERTIFICATE, OR A RECOGNIZED EQUIVALENT.— 

2 To establish that an alien has earned a high school di3 ploma or a commensurate alternative award from a public 

4 or private high school, or has obtained a general edu5 cational development certificate recognized under State 

6 law or a high school equivalency diploma in the United 

7 States, the alien shall submit to the Secretary— 

8 (1) a high school diploma, certificate of comple9 tion, or other alternate award; 

10 (2) a high school equivalency diploma or certifi11 cate recognized under State law; or 

12 (3) evidence that the alien passed a State-au13 thorized exam, including the general educational de14 velopment exam, in the United States. 

15 (g) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

16 EDUCATIONAL PROGRAM.—To establish that an alien is 

17 enrolled in any school or education program described in 

18 section 102(b)(1)(D)(iii), 102(d)(3)(A)(iii), or 

19 104(a)(1)(C), the alien shall submit school records from 

20 the United States school that the alien is currently attend21 ing that include— 

22 (1) the name of the school; and 

23 (2) the alien’s name, periods of attendance, and 

24 current grade or educational level. 


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1 (h) DOCUMENTS ESTABLISHING EXEMPTION FROM

2 APPLICATION FEES.—To establish that an alien is exempt 

3 from an application fee under section 102(b)(5)(B) or 

4 104(a)(4)(B), the alien shall submit to the Secretary the 

5 following relevant documents: 

6 (1) DOCUMENTS TO ESTABLISH AGE.—To es7 tablish that an alien meets an age requirement, the 

8 alien shall provide proof of identity, as described in 

9 subsection (a), that establishes that the alien is 

10 younger than 18 years of age. 

11 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

12 establish the alien’s income, the alien shall provide— 

13 (A) employment records that have been 

14 maintained by the Social Security Administra15 tion, the Internal Revenue Service, or any other 

16 Federal, State, or local government agency; 

17 (B) bank records; or 

18 (C) at least 2 sworn affidavits from indi19 viduals who are not related to the alien and 

20 who have direct knowledge of the alien’s work 

21 and income that contain— 

22 (i) the name, address, and telephone 

23 number of the affiant; and 


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1 (ii) the nature and duration of the re2 lationship between the affiant and the 

3 alien. 

4 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

5 LACK OF FAMILIAL SUPPORT, HOMELESSNESS, OR

6 SERIOUS, CHRONIC DISABILITY.—To establish that 

7 the alien was in foster care, lacks parental or famil8 ial support, is homeless, or has a serious, chronic 

9 disability, the alien shall provide at least 2 sworn af10 fidavits from individuals who are not related to the 

11 alien and who have direct knowledge of the cir12 cumstances that contain— 

13 (A) a statement that the alien is in foster 

14 care, otherwise lacks any parental or other fa15 miliar support, is homeless, or has a serious, 

16 chronic disability, as appropriate; 

17 (B) the name, address, and telephone num18 ber of the affiant; and 

19 (C) the nature and duration of the rela20 tionship between the affiant and the alien. 

21 (4) DOCUMENTS TO ESTABLISH UNPAID MED22 ICAL EXPENSE.—To establish that the alien has debt 

23 as a result of unreimbursed medical expenses, the 

24 alien shall provide receipts or other documentation 

25 from a medical provider that— 


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1 (A) bear the provider’s name and address; 

2 (B) bear the name of the individual receiv3 ing treatment; and 

4 (C) document that the alien has accumu5 lated $10,000 or more in debt in the past 12 

6 months as a result of unreimbursed medical ex7 penses incurred by the alien or an immediate 

8 family member of the alien. 

9 (i) DOCUMENTS ESTABLISHING QUALIFICATION FOR

10 HARDSHIP EXEMPTION.—To establish that an alien satis11 fies one of the criteria for the hardship exemption set forth 

12 in section 104(a)(2)(A)(iii), the alien shall submit to the 

13 Secretary at least 2 sworn affidavits from individuals who 

14 are not related to the alien and who have direct knowledge 

15 of the circumstances that warrant the exemption, that 

16 contain— 

17 (1) the name, address, and telephone number of 

18 the affiant; and 

19 (2) the nature and duration of the relationship 

20 between the affiant and the alien. 

21 (j) DOCUMENTS ESTABLISHING SERVICE IN THE

22 UNIFORMED SERVICES.—To establish that an alien has 

23 served in the Uniformed Services for at least the period 

24 for which the alien was obligated to serve on active duty 


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1 and, if discharged, received an honorable discharge, the 

2 alien shall submit to the Secretary— 

3 (1) a Department of Defense form DD–214; 

4 (2) a National Guard Report of Separation and 

5 Record of Service form 22; 

6 (3) personnel records for such service from the 

7 appropriate Uniformed Service; or 

8 (4) health records from the appropriate Uni9 formed Service. 

10 (k) DOCUMENTS ESTABLISHING EMPLOYMENT.— 

11 (1) IN GENERAL.—An alien may satisfy the em12 ployment requirement under section 

13 104(a)(1)(C)(iii) by submitting records that— 

14 (A) establish compliance with such employ15 ment requirement; and 

16 (B) have been maintained by the Social Se17 curity Administration, the Internal Revenue 

18 Service, or any other Federal, State, or local 

19 government agency. 

20 (2) OTHER DOCUMENTS.—An alien who is un21 able to submit the records described in paragraph 

22 (1) may satisfy the employment requirement by sub23 mitting at least 2 types of reliable documents that 

24 provide evidence of employment, including— 

25 (A) bank records; 


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1 (B) business records; 

2 (C) employer records; 

3 (D) records of a labor union, day labor 

4 center, or organization that assists workers in 

5 employment; 

6 (E) sworn affidavits from individuals who 

7 are not related to the alien and who have direct 

8 knowledge of the alien’s work, that contain— 

9 (i) the name, address, and telephone 

10 number of the affiant; and 

11 (ii) the nature and duration of the re12 lationship between the affiant and the 

13 alien; and 

14 (F) remittance records. 

15 (l) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC16 UMENTS.—If the Secretary determines, after publication 

17 in the Federal Register and an opportunity for public com18 ment, that any document or class of documents does not 

19 reliably establish identity or that permanent resident sta20 tus on a conditional basis is being obtained fraudulently 

21 to an unacceptable degree, the Secretary may prohibit or 

22 restrict the use of such document or class of documents. 

23 SEC. 106. RULEMAKING. 

24 (a) INITIAL PUBLICATION.—Not later than 90 days 

25 after the date of the enactment of this Act, the Secretary 


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1 shall publish regulations implementing this title in the 

2 Federal Register. Such regulations shall allow eligible indi3 viduals to immediately apply affirmatively for the relief 

4 available under section 102 without being placed in re5 moval proceedings. 

6 (b) INTERIM REGULATIONS.—Notwithstanding sec7 tion 553 of title 5, United States Code, the regulations 

8 published pursuant to subsection (a) shall be effective, on 

9 an interim basis, immediately upon publication in the Fed10 eral Register, but may be subject to change and revision 

11 after public notice and opportunity for a period of public 

12 comment. 

13 (c) FINAL REGULATIONS.—Not later than 180 days 

14 after the date on which interim regulations are published 

15 under this section, the Secretary shall publish final regula16 tions implementing this title. 

17 (d) PAPERWORK REDUCTION ACT.—The require18 ments under chapter 35 of title 44, United States Code 

19 (commonly known as the ‘‘Paperwork Reduction Act’’), 

20 shall not apply to any action to implement this title. 

21 SEC. 107. CONFIDENTIALITY OF INFORMATION. 

22 (a) IN GENERAL.—The Secretary may not disclose 

23 or use information provided in applications filed under this 

24 title or in requests for DACA for the purpose of immigra25 tion enforcement. 


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1 (b) REFERRALS PROHIBITED.—The Secretary may 

2 not refer any individual who has been granted permanent 

3 resident status on a conditional basis or who was granted 

4 DACA to U.S. Immigration and Customs Enforcement, 

5 U.S. Customs and Border Protection, or any designee of 

6 either such entity. 

7 (c) LIMITED EXCEPTION.—Notwithstanding sub8 sections (a) and (b), information provided in an applica9 tion for permanent resident status on a conditional basis 

10 or a request for DACA may be shared with Federal secu11 rity and law enforcement agencies— 

12 (1) for assistance in the consideration of an ap13 plication for permanent resident status on a condi14 tional basis; 

15 (2) to identify or prevent fraudulent claims; 

16 (3) for national security purposes; or 

17 (4) for the investigation or prosecution of any 

18 felony not related to immigration status. 

19 (d) PENALTY.—Any person who knowingly uses, pub20 lishes, or permits information to be examined in violation 

21 of this section shall be fined not more than $10,000. 


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1 SEC. 108. RESTORATION OF STATE OPTION TO DETERMINE 

2 RESIDENCY FOR PURPOSES OF HIGHER EDU3 CATION BENEFITS. 

4 (a) IN GENERAL.—Section 505 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 1996 

6 (8 U.S.C. 1623) is repealed. 

7 (b) EFFECTIVE DATE.—The repeal under subsection 

8 (a) shall take effect as if included in the original enact9 ment of the Illegal Immigration Reform and Immigrant 

10 Responsibility Act of 1996 (division C of Public Law 104– 

11 208; 110 Stat. 3009–546). 

12 TITLE II—SECURE MILES WITH 

13 ALL RESOURCES AND TECH14 NOLOGY 

15 SEC. 201. DEFINITIONS. 

16 In this title: 

17 (1) OPERATIONAL CONTROL.—The term ‘‘oper18 ational control’’ has the meaning given such term in 

19 section 2(b) of the Secure Fence Act of 2006 (8 

20 U.S.C. 1701 note; Public Law 109–367). 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Homeland Security. 

23 (3) SITUATIONAL AWARENESS.—The term ‘‘sit24 uational awareness’’ has the meaning given the term 

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1 thorization Act for Fiscal Year 2017 (Public Law 

2 114–328). 

3 Subtitle A—Infrastructure and 

4 Equipment 

5 SEC. 211. STRENGTHENING THE REQUIREMENTS FOR BOR6 DER SECURITY TECHNOLOGY ALONG THE 

7 SOUTHERN BORDER. 

8 Section 102 of the Illegal Immigration Reform and 

9 Immigrant Responsibility Act of 1996 (Division C of Pub10 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

11 (1) in subsection (a)— 

12 (A) by inserting ‘‘and border technology’’ 

13 before ‘‘in the vicinity of’’; and 

14 (B) by striking ‘‘illegal crossings in areas 

15 of high illegal entry into the United Sates’’ and 

16 inserting ‘‘, impede, and detect illegal activity in 

17 high traffic areas’’; 

18 (2) in subsection (c)(1), by inserting ‘‘and, pur19 suant to subsection (d), the installation, operation, 

20 and maintenance of technology’’ after ‘‘barriers and 

21 roads’’; and 

22 (3) by adding at the end the following new sub23 sections: 

24 ‘‘(d) INSTALLATION, OPERATION, AND MAINTE25 NANCE OF TECHNOLOGY.—Not later than January 20, 


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1 2021, the Secretary of Homeland Security, in carrying out 

2 subsection (a), shall deploy the most practical and effec3 tive technology available along the United States border 

4 for achieving situational awareness and operational con5 trol of the border. 

6 ‘‘(e) DEFINITIONS.—In this section: 

7 ‘‘(1) HIGH TRAFFIC AREAS.—The term ‘high 

8 traffic areas’ means sectors along the northern, 

9 southern, or coastal border that— 

10 ‘‘(A) are within the responsibility of U.S. 

11 Customs and Border Protection; and 

12 ‘‘(B) have significant unlawful cross-border 

13 activity. 

14 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper15 ational control’ has the meaning given such term in 

16 section 2(b) of the Secure Fence Act of 2006 (8 

17 U.S.C. 1701 note; Public Law 109–367). 

18 ‘‘(3) SITUATIONAL AWARENESS DEFINED.—The 

19 term ‘situational awareness’ has the meaning given 

20 such term in section 1092(a)(7) of the National De21 fense Authorization Act for Fiscal Year 2017 (Pub22 lic Law 114–328). 

23 ‘‘(4) TECHNOLOGY.—The term ‘technology’ in24 cludes border surveillance and detection technology, 

25 including— 


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1 ‘‘(A) radar surveillance systems; 

2 ‘‘(B) Vehicle and Dismount Exploitation 

3 Radars (VADER); 

4 ‘‘(C) 3-dimensional, seismic acoustic detec5 tion and ranging border tunneling detection 

6 technology; 

7 ‘‘(D) sensors; 

8 ‘‘(E) unmanned cameras; 

9 ‘‘(F) man-portable and mobile vehicle10 mounted unmanned aerial vehicles; and 

11 ‘‘(G) any other devices, tools, or systems 

12 found to be more effective or advanced than 

13 those specified in subparagraphs (A) through 

14 (F).’’. 

15 SEC. 212. COMPREHENSIVE SOUTHERN BORDER STRATEGY. 

16 (a) REQUIREMENT.—Not later than one year after 

17 the date of the enactment of this Act, the Secretary shall 

18 submit to the Committee on Homeland Security of the 

19 House of Representatives and the Committee on Home20 land Security and Governmental Affairs of the Senate a 

21 comprehensive southern border strategy. 

22 (b) CONTENTS.—The strategy submitted under sub23 section (a) shall include— 

24 (1) a list of known physical barriers, levees, 

25 technologies, tools, and other devices that can be 


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1 used to achieve and maintain situational awareness 

2 and operational control along the southern border; 

3 (2) a projected per mile cost estimate for each 

4 physical barrier, levee, technology, tool, and other 

5 device included on the list required under paragraph 

6 (1); 

7 (3) a detailed account of which type of physical 

8 barrier, levee, technology, tool, or other device the 

9 Department of Homeland Security believes is nec10 essary to achieve and maintain situational awareness 

11 and operational control for each linear mile of the 

12 southern border; 

13 (4) an explanation for why such physical bar14 rier, levee, technology, tool, or other device was cho15 sen to achieve and maintain situational awareness 

16 and operational control for each linear mile of the 

17 southern border, including— 

18 (A) the methodology used to determine 

19 which type of physical barrier, levee, technology, 

20 tool, or other device was chosen for such linear 

21 mile; 

22 (B) an examination of existing manmade 

23 and natural barriers for each linear mile of the 

24 southern border; 


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1 (C) the information collected and evaluated 

2 from— 

3 (i) the appropriate U.S. Customs and 

4 Border Protection Sector Chief; 

5 (ii) the Joint Task Force Commander; 

6 (iii) the appropriate State Governor; 

7 (iv) tribal government officials; 

8 (v) border county and city elected offi9 cials; 

10 (vi) local law enforcement officials; 

11 (vii) private property owners; 

12 (viii) local community groups, includ13 ing human rights organizations; and 

14 (ix) other affected stakeholders; and 

15 (D) a privacy evaluation conducted by the 

16 Privacy Officer of the Department of Homeland 

17 Security, in accordance with the responsibilities 

18 and authorities under section 222 of the Home19 land Security Act of 2002 (6 U.S.C. 142), for 

20 each such physical barrier, levee, technology, 

21 tool, or other device; 

22 (5) a per mile cost calculation for each linear 

23 mile of the southern border given the type of phys24 ical barrier, levee, technology, tool, or other device 

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1 ness and operational control for each linear mile; 

2 and 

3 (6) a cost justification for each time a more ex4 pensive physical barrier, levee, technology, tool, or 

5 other device is chosen over a less expensive option, 

6 as established by the per mile cost estimates re7 quired in paragraph (2). 

8 SEC. 213. CONTROL OR ERADICATION OF CARRIZO CANE 

9 AND SALT CEDAR. 

10 Not later than January 20, 2019, the Secretary, after 

11 coordinating with the heads of relevant Federal, State, 

12 and local agencies, shall begin controlling or eradicating, 

13 as appropriate, the carrizo cane plant and any salt cedar 

14 along the Rio Grande River. 

15 SEC. 214. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

16 (a) INCREASED FLIGHT HOURS.—The Secretary 

17 shall ensure that not fewer than 95,000 annual flight 

18 hours are executed by Air and Marine Operations of U.S. 

19 Customs and Border Protection, with adequate account20 ability and oversight, including strong privacy protections. 

21 (b) UNMANNED AERIAL SYSTEM.—The Secretary 

22 shall ensure that Air and Marine Operations operate un23 manned aerial systems for not less than 24 hours per day 

24 for not fewer than five days per week. 

25 (c) STUDY AND REPORT.— 


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1 (1) STUDY.—Not later than 60 days after the 

2 date of the enactment of this Act, the Secretary 

3 shall commence a comprehensive study to— 

4 (A) identify deficiencies and opportunities 

5 for improvement in the capability of Air and 

6 Marine Operations to fulfill air and marine sup7 port requirements for the U.S. Border Patrol 

8 and other components of the Department of 

9 Homeland Security, including support in critical 

10 source and transit zones; 

11 (B) assess whether such requirements 

12 could better be fulfilled through the realignment 

13 of Air and Marine Operations as a directorate 

14 of the U.S. Border Patrol; and 

15 (C) identify deficiencies and opportunities 

16 for improvement in the capabilities of the U.S. 

17 Border Patrol and other departmental compo18 nents to develop rigorous estimates of such re19 quirements. 

20 (2) REPORT.—Not later than 180 days after 

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

22 shall submit to the Committee on Homeland Secu23 rity of the House of Representatives and the Com24 mittee on Homeland Security and Governmental Af25 fairs of the Senate a report containing the results of 


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1 the study required under paragraph (1), including 

2 recommendations and timeframes for implementing 

3 the recommendations contained in such study. 

4 SEC. 215. PORTS OF ENTRY INFRASTRUCTURE. 

5 (a) ADDITIONAL PORTS OF ENTRY.— 

6 (1) AUTHORITY.—The Secretary may construct 

7 new ports of entry along the northern border and 

8 southern border and determine the location of any 

9 such new ports of entry. 

10 (2) CONSULTATION.— 

11 (A) REQUIREMENT TO CONSULT.—The 

12 Secretary shall consult with the Secretary of 

13 the Interior, the Secretary of Agriculture, the 

14 Administrator of General Services, and appro15 priate representatives of State and local govern16 ments, tribal governments, community groups, 

17 and property owners in the United States prior 

18 to selecting a location for any new port con19 structed pursuant to paragraph (1). 

20 (B) CONSIDERATIONS.—The purpose of 

21 the consultations required by subparagraph (A) 

22 shall be to minimize any negative impacts of 

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1 munities and residents located near such new 

2 port. 

3 (b) EXPANSION AND MODERNIZATION OF HIGH-VOL4 UME SOUTHERN BORDER PORTS OF ENTRY.—Not later 

5 than September 30, 2018, the Secretary shall provide to 

6 the Committee on Homeland Security and Governmental 

7 Affairs of the Senate, the Committee on Commerce, 

8 Science, and Transportation of the Senate, the Committee 

9 on Homeland Security of the House of Representatives, 

10 and the Committee on Transportation and Infrastructure 

11 of the House of Representatives a plan to expand the pri12 mary and secondary inspection lanes for vehicle, cargo, 

13 and pedestrian inbound and outbound inspection lanes at 

14 the top ten high-volume ports of entry on the southern 

15 border, as determined by the Secretary. 

16 (c) ESTIMATES OF INSPECTION PROCESSING GOALS

17 AND WAIT-TIME STANDARDS.—The plan required pursu18 ant to subsection (b) shall be based on estimates by the 

19 Secretary of the number of such inspection lanes required 

20 to meet inspection processing goals and wait-time stand21 ards established by the Secretary. 

22 (d) PORT OF ENTRY PRIORITIZATION.—Prior to con23 structing any new ports of entry pursuant to subsection 

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1 ernization of ports of entry pursuant to subsection (b), 

2 to the extent practicable. 

3 Subtitle B—Grants 

4 SEC. 221. 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, which shall be known as ‘Oper11 ation Stonegarden’, under which the Secretary, acting 

12 through the Administrator, shall make grants to eligible 

13 law enforcement agencies, through the State administra14 tive agency, to enhance border security in accordance with 

15 this 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 


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1 ‘‘(2) shall be involved in an active, ongoing, 

2 U.S. Customs and Border Protection operation co3 ordinated through a sector or field office. 

4 ‘‘(c) PERMITTED USES.—The recipient of a grant 

5 under this section may use such grant for— 

6 ‘‘(1) equipment, including maintenance and 

7 sustainment costs; 

8 ‘‘(2) any cost or activity permitted for Oper9 ation Stonegarden under the Department of Home10 land Security’s Fiscal Year 2017 Homeland Security 

11 Grant Program Notice of Funding Opportunity; and 

12 ‘‘(3) any other appropriate border security ac13 tivity, as determined by the Administrator, in con14 sultation with the Commissioner of U.S. Customs 

15 and Border Protection. 

16 ‘‘(d) PERIOD OF PERFORMANCE.—The Secretary 

17 shall award grants under this section to grant recipients 

18 for a period of not less than 36 months. 

19 ‘‘(e) REPORT.—For each of the fiscal years 2018 

20 through 2022, the Administrator shall submit to the Com21 mittee on Homeland Security and Governmental Affairs 

22 of the Senate and the Committee on Homeland Security 

23 of the House of Representatives a report that contains in24 formation on the expenditure of grants made under this 

25 section by each grant recipient. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated $110,000,000 for each 

3 of fiscal years 2018 through 2022 for grants under this 

4 section.’’. 

5 (b) CONFORMING AMENDMENT.—Subsection (a) of 

6 section 2002 of the Homeland Security Act of 2002 (6 

7 U.S.C. 603) is amended to read as follows: 

8 ‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 

9 the Administrator, may award grants under sections 2003, 

10 2004, and 2009 to State, local, and tribal governments, 

11 as appropriate.’’. 

12 (c) 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 2008 the following new item: 

‘‘Sec. 2009. Operation Stonegarden.’’. 

16 SEC. 222. SOUTHERN BORDER REGION EMERGENCY COM17 MUNICATIONS GRANT. 

18 (a) IN GENERAL.—The Secretary, in consultation 

19 with the Governors of the States located on the southern 

20 border, shall establish a two-year grant program to im21 prove emergency communications in the southern border 

22 region. 

23 (b) ELIGIBILITY FOR GRANTS.—An individual is eli24 gible for a grant under this section if the individual dem25 onstrates that the individual— 


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1 (1) regularly resides or works in a State on the 

2 southern border; and 

3 (2) is at greater risk of border violence due to 

4 a lack of cellular and LTE network service at the in5 dividual’s residence or business and the individual’s 

6 proximity to the southern border. 

7 (c) USE OF GRANTS.—Grants awarded under this 

8 section may be used to purchase satellite telephone com9 munications systems and services that— 

10 (1) can provide access to 9–1–1 service; and 

11 (2) are equipped with receivers for the Global 

12 Positioning System. 

13 TITLE III—REDUCING SIGNIFI14 CANT DELAYS IN IMMIGRA15 TION COURT 

16 SEC. 301. ELIMINATE IMMIGRATION COURT BACKLOGS. 

17 (a) ANNUAL INCREASES IN IMMIGRATION JUDGES.— 

18 The Attorney General of the United States shall increase 

19 the total number of immigration judges to adjudicate 

20 pending cases and efficiently process future cases by at 

21 least— 

22 (1) 55 judges during fiscal year 2018; 

23 (2) an additional 55 judges during fiscal year 

24 2019; and 


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1 (3) an additional 55 judges during fiscal year 

2 2020. 

3 (b) QUALIFICATIONS OF IMMIGRATION JUDGES.— 

4 The Attorney General shall ensure that all newly hired im5 migration judges are highly qualified and trained to con6 duct fair, impartial hearings consistent with due process 

7 and that all newly hired immigration judges represent a 

8 diverse pool of individuals that includes a balance of indi9 viduals with nongovernmental, private bar, or academic 

10 experience in addition to government experience. 

11 (c) NECESSARY SUPPORT STAFF FOR IMMIGRATION

12 JUDGES.—To address the shortage of support staff for 

13 immigration judges, the Attorney General shall ensure 

14 that each immigration judge has sufficient support staff, 

15 adequate technological and security resources, and appro16 priate courtroom facilities. 

17 (d) ANNUAL INCREASES IN BOARD OF IMMIGRATION

18 APPEALS PERSONNEL.—The Attorney General shall in19 crease the number of Board of Immigration Appeals staff 

20 attorneys (including necessary additional support staff) to 

21 efficiently process cases by at least— 

22 (1) 23 attorneys during fiscal year 2018; 

23 (2) an additional 23 attorneys during fiscal 

24 year 2019; and 


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1 (3) an additional 23 attorneys during fiscal 

2 year 2020. 

3 (e) GAO REPORT.—The Comptroller General of the 

4 United States shall— 

5 (1) conduct a study of the hurdles to efficient 

6 hiring of immigration court judges within the De7 partment of Justice; and 

8 (2) propose solutions to Congress for improving 

9 the efficiency of the hiring process. 

10 SEC. 302. IMPROVED TRAINING FOR IMMIGRATION JUDGES 

11 AND MEMBERS OF THE BOARD OF IMMIGRA12 TION APPEALS. 

13 (a) IN GENERAL.—To ensure efficient and fair pro14 ceedings, the Director of the Executive Office for Immi15 gration Review shall facilitate robust training programs 

16 for immigration judges and members of the Board of Im17 migration Appeals. 

18 (b) MANDATORY TRAINING.—Training facilitated 

19 under subsection (a) shall include— 

20 (1) an expansion of the training program for 

21 new immigration judges and Board members; 

22 (2) continuing education regarding current de23 velopments in immigration law through regularly 

24 available training resources and an annual con25 ference; 


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1 (3) methods to ensure that immigration judges 

2 are trained on properly crafting and dictating deci3 sions and standards of review, including improved 

4 on-bench reference materials and decision templates; 

5 (4) specialized training to handle cases involv6 ing other vulnerable populations including survivors 

7 of domestic violence/sexual assault/trafficking and 

8 individuals with mental disabilities in partnership 

9 with the National Council of Juvenile and Family 

10 Court Judges; and 

11 (5) specialized training in child interviewing, 

12 child psychology, and child trauma in partnership 

13 with the National Council of Juvenile and Family 

14 Court Judges for Immigration Judges. 

15 SEC. 303. NEW TECHNOLOGY TO IMPROVE COURT EFFI16 CIENCY. 

17 The Director of the Executive Office for Immigration 

18 Review shall modernize its case management and related 

19 electronic systems, including allowing for electronic filing, 

20 to improve efficiency in the processing of immigration pro21 ceedings. 


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1 TITLE IV—ADVANCING REFORMS 

2 IN CENTRAL AMERICA TO AD3 DRESS THE FACTORS DRIV4 ING MIGRATION 

5 SEC. 401. DEFINITIONS. 

6 In this title: 

7 (1) NORTHERN TRIANGLE.—The term ‘‘North8 ern Triangle’’ means the countries of El Salvador, 

9 Guatemala, and Honduras. 

10 (2) PLAN.—The term ‘‘Plan’’ means the Plan 

11 of the Alliance for Prosperity in the Northern Tri12 angle, developed by the Governments of El Salvador, 

13 Guatemala, and Honduras, with the technical assist14 ance of the Inter-American Development Bank, and 

15 representing a comprehensive approach to address 

16 the complex situation in the Northern Triangle. 

17 Subtitle A—Effectively Coordi18 nating United States Engage19 ment in Central America 

20 SEC. 411. UNITED STATES COORDINATOR FOR ENGAGE21 MENT IN CENTRAL AMERICA. 

22 (a) DESIGNATION.—Not later than 30 days after the 

23 date of the enactment of this Act, the President shall des24 ignate a senior official to coordinate the efforts of the Fed25 eral Government under this title and the efforts of interVerDate Sep 11 2014 02:09 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4796.IH H4796

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1 national partners to strengthen citizen security, the rule 

2 of law, and economic prosperity in Central America and 

3 to protect vulnerable populations in the region. 

4 (b) SUPERVISION.—The official designated under 

5 subsection (a) shall report directly to the President. 

6 (c) DUTIES.—The official designated under sub7 section (a) shall coordinate the efforts, activities, and pro8 grams related to United States engagement in Central 

9 America under this title, including— 

10 (1) coordinating with the Department of State, 

11 the Department of Justice (including the Federal 

12 Bureau of Investigation), the Department of Home13 land Security, the intelligence community, and inter14 national partners regarding United States efforts to 

15 confront armed criminal gangs, illicit trafficking net16 works, and organized crime responsible for high lev17 els of violence, extortion, and corruption in Central 

18 America; 

19 (2) coordinating with the Department of State, 

20 the United States Agency for International Develop21 ment, and international partners regarding United 

22 States efforts to prevent and mitigate the effects of 

23 violent criminal gangs and transnational criminal or24 ganizations on vulnerable Central American popu25 lations, including women and children; 


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1 (3) coordinating with the Department of State, 

2 the Department of Homeland Security, and inter3 national partners regarding United States efforts to 

4 counter human smugglers illegally transporting Cen5 tral American migrants to the United States; 

6 (4) coordinating with the Department of State, 

7 the Department of Homeland Security, the United 

8 States Agency for International Development, and 

9 international partners, including the United Nations 

10 High Commissioner for Refugees, to increase protec11 tions for vulnerable Central American populations, 

12 improve refugee processing, and strengthen asylum 

13 systems throughout the region; 

14 (5) coordinating with the Department of State, 

15 the Department of Defense, the Department of Jus16 tice (including the Drug Enforcement Administra17 tion), the Department of the Treasury, the intel18 ligence community, and international partners re19 garding United States efforts to combat illicit nar20 cotics traffickers, interdict transshipments of illicit 

21 narcotics, and disrupt the financing of the illicit nar22 cotics trade; 

23 (6) coordinating with the Department of State, 

24 the Department of the Treasury, the Department of 

25 Justice, the intelligence community, the United 


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1 States Agency for International Development, and 

2 international partners regarding United States ef3 forts to combat corruption, money laundering, and 

4 illicit financial networks; 

5 (7) coordinating with the Department of State, 

6 the Department of Justice, the United States Agen7 cy for International Development, and international 

8 partners regarding United States efforts to strength9 en the rule of law, democratic governance, and 

10 human rights protections; and 

11 (8) coordinating with the Department of State, 

12 the Department of Agriculture, the United States 

13 Agency for International Development, the Overseas 

14 Private Investment Corporation, the United States 

15 Trade and Development Agency, the Department of 

16 Labor, and international partners, including the 

17 Inter-American Development Bank, to strengthen 

18 the foundation for inclusive economic growth and 

19 improve food security, investment climate, and pro20 tections for labor rights. 

21 (d) CONSULTATION.—The official designated under 

22 subsection (a) shall consult with Congress, multilateral or23 ganizations and institutions, foreign governments, and do24 mestic and international civil society organizations in car25 rying out this section. 


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1 Subtitle B—Targeting Assistance to 

2 Appropriate Communities in the 

3 Northern Triangle 

4 SEC. 421. TARGETING ASSISTANCE TO APPROPRIATE COM5 MUNITIES. 

6 Not later than one year after the date of the enact7 ment of this Act and annually thereafter for each of the 

8 five succeeding years, the Comptroller General of the 

9 United States shall submit to the Committee on Foreign 

10 Affairs and the Committee on Appropriations of the 

11 House of Representatives and the Committee on Foreign 

12 Relations and the Committee on Appropriations of the 

13 Senate a report that contains the following: 

14 (1) Raw data on the number of children migrat15 ing to the United States from each community or 

16 geographic area in the Northern Triangle. 

17 (2) An assessment of whether United States 

18 foreign assistance to the Northern Triangle is effec19 tively reaching the communities and geographic 

20 areas from which children are migrating. 

21 (3) An assessment of the extent to which the 

22 State Department and the United States Agency for 

23 International Development are adjusting program24 ming in the Northern Triangle as migration patterns 

25 shift. 


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1 Subtitle C—Regional Millennium 

2 Challenge Corporation Compacts 

3 SEC. 431. MCC COMPACTS. 

4 (a) CONCURRENT COMPACTS.—Section 609 of the 

5 Millennium Challenge Act of 2003 (22 U.S.C. 7708) is 

6 amended— 

7 (1) in subsection (a), by adding at the end the 

8 following new sentence: ‘‘The Board may enter into 

9 a Compact with more than one eligible country in a 

10 region if the Board determines that a regional devel11 opment strategy would further regional development 

12 objectives.’’; 

13 (2) in subsection (k)— 

14 (A) by striking the first sentence; and 

15 (B) by striking ‘‘the existing’’ and insert16 ing ‘‘an existing’’; and 

17 (3) by adding at the end the following new sub18 section: 

19 ‘‘(l) CONCURRENT COMPACTS.—In accordance with 

20 the requirements of this Act, an eligible country and the 

21 United States may enter into and have in effect more than 

22 one Compact at any given time, including a concurrent 

23 Compact for purposes of regional economic integration or 

24 cross-border collaborations, only if the Board determines 

25 that such country is making considerable and demonVerDate Sep 11 2014 02:09 Jan 18, 2018 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4796.IH H4796

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1 strable progress in implementing the terms of the existing 

2 Compact and any supplementary agreements thereto.’’. 

3 (b) CONFORMING AMENDMENTS.—The Millennium 

4 Challenge Act of 2003 is amended— 

5 (1) in subsection (b) of section 609 (22 U.S.C. 

6 7708)— 

7 (A) in paragraph (1)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘the national devel10 opment strategy of the eligible country’’ 

11 and inserting ‘‘the national or regional de12 velopment strategy of the country or coun13 tries’’; and 

14 (ii) in each of subparagraphs (A), (B), 

15 (E), and (J), by striking ‘‘the country’’ 

16 each place it appears and inserting ‘‘the 

17 country or countries’’; and 

18 (B) in paragraph (3)— 

19 (i) by inserting ‘‘or regional develop20 ment strategy’’ after ‘‘national develop21 ment strategy’’; and 

22 (ii) by inserting ‘‘or governments of 

23 the countries in the case of regional invest24 ments’’ after ‘‘government of the country’’; 

25 and 


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1 (2) in subparagraph (A) of section 613(b)(2) of 

2 such Act (22 U.S.C. 7712(b)(2)) by striking ‘‘the 

3 Compact’’ and inserting ‘‘any Compact’’. 

4 Subtitle D—United States Leader5 ship for Engaging International 

6 Donors and Partners 

7 SEC. 441. REQUIREMENT FOR STRATEGY TO SECURE SUP8 PORT OF INTERNATIONAL DONORS AND 

9 PARTNERS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

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

12 shall submit to the appropriate congressional committees 

13 a three-year strategy that— 

14 (1) describes how the United States will secure 

15 support from international donors and regional part16 ners (including Colombia and Mexico) for the imple17 mentation of the Plan; 

18 (2) identifies governments that are willing to 

19 provide financial and technical assistance for the im20 plementation of the Plan and a description of such 

21 assistance; and 

22 (3) identifies the financial and technical assist23 ance to be provided by multilateral institutions, in24 cluding the Inter-American Development Bank, the 

25 World Bank, the International Monetary Fund, the 


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1 Andean Development Corporation–Development 

2 Bank of Latin America, and the Organization of 

3 American States, and a description of such assist4 ance. 

5 (b) DIPLOMATIC ENGAGEMENT AND COORDINA6 TION.—The Secretary of State, in coordination with the 

7 Secretary of the Treasury, as appropriate, shall— 

8 (1) carry out diplomatic engagement to secure 

9 contributions of financial and technical assistance 

10 from international donors and partners in support of 

11 the Plan; and 

12 (2) take all necessary steps to ensure effective 

13 cooperation among international donors and part14 ners supporting the Plan. 

15 (c) REPORT.—Not later than one year after submit16 ting the strategy required under subsection (a), the Sec17 retary of State shall submit to the appropriate congres18 sional committees a report that describes— 

19 (1) the progress made in implementing the 

20 strategy; and 

21 (2) the financial and technical assistance pro22 vided by international donors and partners, includ23 ing the multilateral institutions specified in sub24 section (a)(3). 


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1 (d) BRIEFINGS.—Upon a request from any of the ap2 propriate congressional committees, the Secretary of State 

3 shall provide a briefing to such committee that describes 

4 the progress made in implementing the strategy required 

5 under subsection (a). 

6 (e) DEFINED TERM.—In this section, the term ‘‘ap7 propriate congressional committees’’ means— 

8 (1) the Committee on Foreign Relations of the 

9 Senate; 

10 (2) the Committee on Appropriations of the 

11 Senate; 

12 (3) the Committee on Foreign Affairs of the 

13 House of Representatives; and 

14 (4) the Committee on Appropriations of the 

15 House of Representatives. 

Æ 


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