II 

Calendar No. 208 

115TH CONGRESS 

1ST SESSION S. 1757 

To strengthen border security, increase resources for enforcement of 

immigration laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2017 

Mr. CORNYN (for himself, Mr. BARRASSO, Mr. JOHNSON, Mr. TILLIS, Mr. 

HELLER, Mr. SCOTT, and Mr. INHOFE) introduced the following bill; 

which was read the first time 

SEPTEMBER 5, 2017 

Read the second time and placed on the calendar 

A BILL 

To strengthen border security, increase resources for 

enforcement of immigration laws, and for other purposes. 

1 Be it enacted by the Senate and House of 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 ‘‘Building America’s Trust Act’’. 

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. 

Sec. 2. Definitions. 

TITLE I—BORDER SECURITY 

Sec. 101. Definitions. 

Subtitle A—Infrastructure and Equipment 

Sec. 102. Strengthening the requirements for barriers along the southern border. 

Sec. 103. Air and marine operations flight hours. 

Sec. 104. Capability deployment to specific sectors and regions. 

Sec. 105. U.S. Border Patrol physical infrastructure improvements. 

Sec. 106. U.S. Border Patrol activities. 

Sec. 107. U.S. Border Patrol forward operating bases. 

Sec. 108. Border security technology program management. 

Sec. 109. Authority to acquire leaseholds. 

Sec. 110. National Guard support to secure the southern border and reimbursement of States for deployment of the National Guard at the 

southern border. 

Sec. 111. Operation Phalanx. 

Sec. 112. Merida Initiative. 

Sec. 113. Prohibitions on actions that impede border security on certain Federal land. 

Sec. 114. Landowner and rancher security enhancement. 

Sec. 115. Limitation on land owner’s liability. 

Sec. 116. Eradication of carrizo cane and salt cedar. 

Sec. 117. Prevention, detection, control, and eradication of diseases and pests. 

Sec. 118. Exemption from government contracting and hiring rules. 

Sec. 119. Transnational criminal organization illicit spotter prevention and detection. 

Sec. 120. Southern border threat analysis. 

Subtitle B—Personnel 

PART I—INCREASES IN IMMIGRATION AND LAW ENFORCEMENT PERSONNEL

Sec. 131. Additional U.S. Customs and Border Protection agents and officers. 

Sec. 132. U.S. Customs and Border Protection hiring and retention incentives. 

Sec. 133. Anti-Border Corruption Reauthorization Act. 

Sec. 134. Additional U.S. Immigration and Customs Enforcement personnel. 

Sec. 135. Other immigration and law enforcement personnel. 

PART II—JUDICIAL RESOURCES

Sec. 141. Judicial resources for border security. 

Sec. 142. Reimbursement to State and local prosecutors for federally initiated, 

immigration-related criminal cases. 

Subtitle C—Grants 

Sec. 151. State criminal alien assistance program. 

Sec. 152. Operation Stonegarden. 

Sec. 153. Grants for identification of victims of cross-border human smuggling. 

Sec. 154. Grant accountability. 

Subtitle D—Authorization of Appropriations 


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Sec. 161. Authorization of appropriations. 

TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND 

INFRASTRUCTURE FUNDING 

Sec. 201. Ports of entry infrastructure. 

Sec. 202. Secure communications. 

Sec. 203. Border Security Deployment Program. 

Sec. 204. Pilot and upgrade of license plate readers at ports of entry. 

Sec. 205. Biometric technology. 

Sec. 206. Biometric exit data system. 

Sec. 207. Sense of Congress on cooperation between agencies. 

Sec. 208. Authorization of appropriations. 

TITLE III—DOMESTIC SECURITY AND INTERIOR ENFORCEMENT 

Subtitle A—General Matters 

Sec. 301. Ending catch and release for repeat immigration violators and criminals aliens. 

Sec. 302. Deterring visa overstays. 

Sec. 303. Increase in immigration detention capacity. 

Sec. 304. Collection of DNA from criminal and detained aliens. 

Sec. 305. Collection, use, and storage of biometric data. 

Sec. 306. Pilot program for electronic field processing. 

Sec. 307. Ending abuse of parole authority. 

Sec. 308. Stop Dangerous Sanctuary Cities Act. 

Sec. 309. Reinstatement of the Secure Communities program. 

Sec. 310. Prevention and deterrence of fraud in obtaining relief from removal. 

Subtitle B—Protecting Children and America’s Homeland Act of 2017 

Sec. 320. Short title. 

Sec. 321. Repatriation of unaccompanied alien children. 

Sec. 322. Expedited due process and screening for unaccompanied alien children. 

Sec. 323. Child welfare and law enforcement information sharing. 

Sec. 324. Accountability for children and taxpayers. 

Sec. 325. Custody of unaccompanied alien children in formal removal proceeding. 

Sec. 326. Fraud in connection with the transfer of custody of unaccompanied 

alien children. 

Sec. 327. Notification of States and foreign governments, reporting, and monitoring. 

Sec. 328. Emergency immigration judge resources. 

Sec. 329. Reports to Congress. 

TITLE IV—PENALTIES FOR SMUGGLING, DRUG TRAFFICKING, 

HUMAN TRAFFICKING, TERRORISM, AND ILLEGAL ENTRY AND 

REENTRY; BARS TO READMISSION OF REMOVED ALIENS 

Sec. 401. Dangerous human smuggling, human trafficking, and human rights 

violations. 

Sec. 402. Putting the Brakes on Human Smuggling Act. 

Sec. 403. Drug trafficking and crimes of violence committed by illegal aliens. 

Sec. 404. Establishing inadmissibility and deportability. 


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Sec. 405. Penalties for illegal entry; enhanced penalties for entering with intent 

to aid, abet, or commit terrorism. 

Sec. 406. Penalties for reentry of removed aliens. 

Sec. 407. Laundering of monetary instruments. 

Sec. 408. Freezing bank accounts of international criminal organizations and 

money launderers. 

Sec. 409. Criminal proceeds laundered through prepaid access devices, digital 

currencies, or other similar instruments. 

Sec. 410. Closing the loophole on drug cartel associates engaged in money laundering. 

TITLE V—PROTECTING NATIONAL SECURITY AND PUBLIC 

SAFETY 

Subtitle A—General Matters 

Sec. 501. Definition of engaging in terrorist activity. 

Sec. 502. Terrorist grounds of inadmissibility. 

Sec. 503. Expedited removal for aliens inadmissible on criminal or security 

grounds. 

Sec. 504. Detention of removable aliens. 

Sec. 505. GAO study on deaths in custody. 

Sec. 506. GAO study on migrant deaths. 

Sec. 507. Statute of limitations for visa, naturalization, and other fraud offenses involving war crimes or human rights violations. 

Sec. 508. Criminal detention of aliens to protect public safety. 

Sec. 509. Recruitment of persons to participate in terrorism. 

Sec. 510. Barring and removing persecutors, war criminals, and participants in 

crimes against humanity from the United States. 

Sec. 511. Gang membership, removal, and increased criminal penalties related 

to gang violence. 

Sec. 512. Barring aliens with convictions for driving under the influence or 

while intoxicated. 

Sec. 513. Barring aggravated felons, border checkpoint runners, and sex offenders from admission to the United States. 

Sec. 514. Protecting immigrants from convicted sex offenders. 

Sec. 515. Enhanced criminal penalties for high speed flight. 

Sec. 516. Prohibition on asylum and cancellation of removal for terrorists. 

Sec. 517. Aggravated felonies. 

Sec. 518. Convictions. 

Sec. 519. Pardons. 

Sec. 520. Failure to obey removal orders. 

Sec. 521. Sanctions for countries that delay or prevent repatriation of their nationals. 

Sec. 522. Enhanced penalties for construction and use of border tunnels. 

Sec. 523. Enhanced penalties for fraud and misuse of visas, permits, and other 

documents. 

Sec. 524. Expansion of criminal alien repatriation programs. 

Subtitle B—Strong Visa Integrity Secures America Act 

Sec. 531. Short title. 

Sec. 532. Visa security. 

Sec. 533. Electronic passport screening and biometric matching. 

Sec. 534. Reporting visa overstays. 

Sec. 535. Student and exchange visitor information system verification. 


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Sec. 536. Social media review of visa applicants. 

Subtitle C—Visa Cancellation and Revocation 

Sec. 541. Cancellation of additional visas. 

Sec. 542. Visa information sharing. 

Sec. 543. Visa interviews. 

Sec. 544. Judicial review of visa revocation. 

Subtitle D—Secure Visas Act 

Sec. 551. Short title. 

Sec. 552. Authority of the Secretary of Homeland Security and Secretary of 

State. 

Subtitle E—Other Matters 

Sec. 561. Requirement for completion of background checks. 

Sec. 562. Withholding of adjudication. 

Sec. 563. Access to the National Crime Information Center Interstate Identification Index. 

Sec. 564. Appropriate remedies for immigration litigation. 

Sec. 565. Use of 1986 IRCA legalization information for national security purposes. 

Sec. 566. Uniform statute of limitations for certain immigration, naturalization, 

and peonage offenses. 

Sec. 567. Conforming amendment to the definition of racketeering activity. 

Sec. 568. Validity of electronic signatures. 

TITLE VI—PROHIBITION ON TERRORISTS OBTAINING LAWFUL 

STATUS IN THE UNITED STATES 

Subtitle A—Prohibition on Adjustment to Lawful Permanent Resident Status 

Sec. 601. Lawful permanent residents as applicants for admission. 

Sec. 602. Date of admission for purposes of adjustment of status. 

Sec. 603. Precluding asylee and refugee adjustment of status for certain 

grounds of inadmissibility and deportability. 

Sec. 604. Precluding refugee adjustment of status for persecutors and human 

rights violators. 

Sec. 605. Removal of condition on lawful permanent resident status prior to 

naturalization. 

Sec. 606. Prohibition on terrorists and aliens who pose a threat to national security or public safety from receiving an adjustment of status. 

Sec. 607. Treatment of applications for adjustment of status during pending 

denaturalization proceedings. 

Sec. 608. Extension of time limit to permit rescission of permanent resident 

status. 

Sec. 609. Barring persecutors and terrorists from registry. 

Subtitle B—Prohibition on Naturalization and United States Citizenship 

Sec. 621. Barring terrorists from becoming naturalized United States citizens. 

Sec. 622. Terrorist bar to good moral character. 

Sec. 623. Prohibition on judicial review of naturalization applications for aliens 

in removal proceedings. 

Sec. 624. Limitation on judicial review when agency has not made decision on 

naturalization application and on denials. 


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Sec. 625. Clarification of denaturalization authority. 

Sec. 626. Denaturalization of terrorists. 

Sec. 627. Treatment of pending applications during denaturalization proceedings. 

Sec. 628. Naturalization document retention. 

Subtitle C—Forfeiture of Proceeds From Passport and Visa Offences, and 

Passport Revocation. 

Sec. 631. Forfeiture of proceeds from passport and visa offenses. 

Sec. 632. Passport Revocation Act. 

TITLE VII—OTHER MATTERS 

Sec. 701. Other Immigration and Nationality Act amendments. 

Sec. 702. Exemption from the Administrative Procedure Act. 

Sec. 703. Exemption from the Paperwork Reduction Act. 

Sec. 704. Ability to fill and retain DHS positions in U.S. territories. 

Sec. 705. Severability. 

Sec. 706. Funding. 

TITLE VIII—TECHNICAL AMENDMENTS 

Sec. 801. References to the Immigration and Nationality Act. 

Sec. 802. Title I technical amendments. 

Sec. 803. Title II technical amendments. 

Sec. 804. Title III technical amendments. 

Sec. 805. Title IV technical amendments. 

Sec. 806. Title V technical amendments. 

Sec. 807. Other amendments. 

Sec. 808. Repeals; construction. 

Sec. 809. Miscellaneous technical corrections. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) NORTHERN BORDER.—The term ‘‘northern 

4 border’’ means the international border between the 

5 United States and Canada. 

6 (2) SOUTHERN BORDER.—The term ‘‘southern 

7 border’’ means the international border between the 

8 United States and Mexico. 

9 TITLE I—BORDER SECURITY 

10 SEC. 101. DEFINITIONS. 

11 In this title: 


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1 (1) APPROPRIATE CONGRESSIONAL COM2 MITTEE.—The term ‘‘appropriate congressional com3 mittee’’ has the meaning given the term in section 

4 2(2) of the Homeland Security Act of 2002 (6 

5 U.S.C. 101(2)). 

6 (2) COMMISSIONER.—The term ‘‘Commis7 sioner’’ means the Commissioner of U.S. Customs 

8 and Border Protection. 

9 (3) HIGH TRAFFIC AREAS.—The term ‘‘high 

10 traffic areas’’ has the meaning given that term in 

11 section 102(e)(1) of the Illegal Immigration Reform 

12 and Immigrant Responsibility Act of 1996, as 

13 amended by section 102 of this Act. 

14 (4) SITUATIONAL AWARENESS.—The term ‘‘sit15 uational awareness’’ has the meaning given that 

16 term in section 1092(a)(7) of the National Defense 

17 Authorization Act for Fiscal Year 2017 (Public Law 

18 114–328; 6 U.S.C. 223(a)(7)). 

19 Subtitle A—Infrastructure and 

20 Equipment 

21 SEC. 102. STRENGTHENING THE REQUIREMENTS FOR BAR22 RIERS ALONG THE SOUTHERN BORDER. 

23 Section 102 of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (division C of Pub25 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 


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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se4 curity shall take such actions as may be necessary (includ5 ing the removal of obstacles to the detection of illegal en6 trants) to construct, install, deploy, operate, and maintain 

7 tactical infrastructure and border technology in the vicin8 ity of the United States border to deter, impede, and de9 tect illegal activity in high traffic areas.’’; 

10 (2) in subsection (b)— 

11 (A) in the subsection heading, by striking 

12 ‘‘FENCING’’ and inserting ‘‘PHYSICAL BAR13 RIERS’’; 

14 (B) in paragraph (1)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘situational awareness and’’ before ‘‘oper17 ational control’’; and 

18 (ii) by amending subparagraph (B) to 

19 read as follows: 

20 ‘‘(B) TACTICAL INFRASTRUCTURE.— 

21 ‘‘(i) IN GENERAL.—Not later than 

22 January 20, 2021, the Secretary of Home23 land Security, in carrying out subsection 

24 (a), shall deploy the most practical and ef25 fective tactical infrastructure available 


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1 along the United States border for achiev2 ing situational awareness and operational 

3 control. 

4 ‘‘(ii) TACTICAL INFRASTRUCTURE DE5 FINED.—In this subparagraph, the term 

6 ‘tactical infrastructure’ includes— 

7 ‘‘(I) boat ramps, access gates, 

8 forward operating bases, checkpoints, 

9 lighting, and roads, and 

10 ‘‘(II) physical barriers (including 

11 fencing, border wall system, and levee 

12 walls).’’; and 

13 (iii) in subparagraph (C), by amend14 ing clause (i) to read as follows: 

15 ‘‘(i) IN GENERAL.—In carrying out 

16 this section, the Secretary of Homeland 

17 Security shall consult with the Secretary of 

18 the Interior, the Secretary of Agriculture, 

19 Governors of each State on the Southern 

20 land border and Northern land border, 

21 other States, local governments, Indian 

22 tribes, representatives of U.S. Border Pa23 trol and U.S. Customs and Border Protec24 tion, relevant Federal, State, local, and 

25 tribal agencies that have jurisdiction over 


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1 the Southern land border, or in the mari2 time environment, and private property 

3 owners in the United States to minimize 

4 the impact on the environment, culture, 

5 commerce, and quality of life of the com6 munities and residents located near the 

7 sites at which physical barriers and tactical 

8 infrastructure is to be constructed.’’; 

9 (C) in paragraph (2)— 

10 (i) by striking ‘‘Attorney General’’ 

11 and inserting ‘‘Secretary of Homeland Se12 curity’’; and 

13 (ii) by striking ‘‘construction of 

14 fences’’ and inserting ‘‘the construction of 

15 physical barriers’’; and 

16 (D) by amending paragraph (3) to read as 

17 follows: 

18 ‘‘(3) AGENT SAFETY.—In carrying out this sec19 tion, the Secretary of Homeland Security may not 

20 construct reinforced fencing, or tactical infrastruc21 ture, as the case may be, that would, in any manner, 

22 impede or negatively affect the safety of any officer 

23 or agent of the Department of Homeland Security or 

24 any other Federal agency.’’; 


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1 (3) in subsection (c), by amending paragraph 

2 (1) to read as follows: 

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 provision of law, the Secretary of Homeland Security 

5 is authorized to waive all legal requirements the Sec6 retary of Homeland Security, in the Secretary’s sole 

7 discretion, determines necessary to ensure the expe8 ditious construction, installation, operation, and 

9 maintenance of the tactical infrastructure and tech10 nology under this section. Any such decision by the 

11 Secretary of Homeland Security shall be effective 

12 upon publication in the Federal Register.’’; and 

13 (4) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) CONSTRUCTION, INSTALLATION AND MAINTE16 NANCE OF TECHNOLOGY.— 

17 ‘‘(1) IN GENERAL.—Not later than January 20, 

18 2021, the Secretary of Homeland Security, in car19 rying out subsection (a), shall deploy the most prac20 tical and effective technology available along the 

21 United States border for achieving situational 

22 awareness and operational control of the border. 

23 ‘‘(2) TECHNOLOGY DEFINED.—In this sub24 section, the term ‘technology’ includes border sur25 veillance and detection technology, 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; and 

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

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

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

13 traffic areas’ means sectors along the northern, 

14 southern, or coastal border that— 

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

16 Customs and Border Protection; and 

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

18 activity. 

19 ‘‘(2) SITUATIONAL AWARENESS.—The term ‘sit20 uational awareness’ has the meaning given the term 

21 in section 1092(a)(7) of the National Defense Au22 thorization Act for Fiscal Year 2017 (Public Law 

23 114–328).’’. 


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1 SEC. 103. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

2 (a) INCREASED FLIGHT HOURS.—The Secretary of 

3 Homeland Security shall ensure that not fewer than 

4 95,000 annual flight hours are carried out by Air and Ma5 rine Operations of U.S. Customs and Border Protection. 

6 (b) UNMANNED AERIAL SYSTEM.—The Secretary of 

7 Homeland Security shall ensure that Air and Marine Op8 erations operate unmanned aerial systems for not less 

9 than 24 hours per day for five days per week. 

10 (c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 

11 Commissioner shall contract for the unfulfilled identified 

12 air support mission critical hours, as identified by the 

13 Chief of the U.S. Border Patrol. 

14 (d) PRIMARY MISSION.—The Commissioner shall en15 sure that— 

16 (1) the primary mission for Air and Marine Op17 erations is to directly support U.S. Border Patrol 

18 activities along the southern border; and 

19 (2) the Executive Associate Commissioner of 

20 Air and Marine Operations assigns the greatest pri21 ority to support missions established by the Commis22 sioner to carry out the requirements under this Act. 

23 (e) HIGH-DEMAND FLIGHT HOUR REQUIREMENTS.— 

24 In accordance with subsection (c), the Commissioner shall 

25 ensure that U.S. Border Patrol Sector Chiefs— 


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1 (1) identify critical flight hour requirements; 

2 and 

3 (2) direct Air and Marine Operations to sup4 port requests from Sector Chiefs as their primary 

5 mission. 

6 (f) STUDY AND REPORT.— 

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

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

9 Homeland Security shall commence a comprehensive 

10 study on the realignment of the Air and Marine Of11 fice as a directorate of U.S. Border Patrol. 

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

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

14 of Homeland Security shall submit a report to the 

15 Committee on Homeland Security and Governmental 

16 Affairs of the Senate and the Committee on Home17 land Security of the House of Representatives that 

18 contains the results of the study under paragraph 

19 (1), including recommendations and timeframes for 

20 implementing such realignment described in such 

21 paragraph. 

22 SEC. 104. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS 

23 AND REGIONS. 

24 (a) IN GENERAL.—Not later than January 20, 2021, 

25 the Secretary of Homeland Security, in implementing secVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 tion 102 of the Illegal Immigration Reform and Immi2 grant Responsibility Act of 1996 (as amended by section 

3 102 of this Act), and acting through the appropriate com4 ponent of the Department of Homeland Security, shall de5 ploy to each sector or region of the southern border and 

6 the northern border, in a prioritized manner to achieve 

7 situational awareness and operational control of such bor8 ders, the following additional capabilities: 

9 (1) SAN DIEGO SECTOR.—For the San Diego 

10 sector, the following: 

11 (A) Subterranean surveillance and detec12 tion technologies. 

13 (B) To increase coastal maritime domain 

14 awareness, the following: 

15 (i) Deployable, lighter-than-air surface 

16 surveillance equipment. 

17 (ii) Unmanned aerial vehicles with 

18 maritime surveillance capability. 

19 (iii) Maritime patrol aircraft. 

20 (iv) Coastal radar surveillance sys21 tems. 

22 (v) Maritime signals intelligence capa23 bilities. 

24 (C) Ultralight aircraft detection capabili25 ties. 


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1 (D) Advanced unattended surveillance sen2 sors. 

3 (E) A rapid reaction capability supported 

4 by aviation assets. 

5 (F) Mobile vehicle-mounted and man-port6 able surveillance capabilities. 

7 (2) EL CENTRO SECTOR.—For the El Centro 

8 sector, the following: 

9 (A) Tower-based surveillance technology. 

10 (B) Deployable, lighter-than-air ground 

11 surveillance equipment. 

12 (C) Man-portable unmanned aerial vehi13 cles. 

14 (D) Ultralight aircraft detection capabili15 ties. 

16 (E) Advanced unattended surveillance sen17 sors. 

18 (F) A rapid reaction capability supported 

19 by aviation assets. 

20 (3) YUMA SECTOR.—For the Yuma sector, the 

21 following: 

22 (A) Tower-based surveillance technology. 

23 (B) Mobile vehicle-mounted and man-port24 able surveillance systems. 


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1 (C) Deployable, lighter-than-air ground 

2 surveillance equipment. 

3 (D) Ultralight aircraft detection capabili4 ties. 

5 (E) Advanced unattended surveillance sen6 sors. 

7 (F) A rapid reaction capability supported 

8 by aviation assets. 

9 (G) Mobile vehicle-mounted and man-port10 able surveillance capabilities. 

11 (H) Man-portable unmanned aerial vehi12 cles. 

13 (4) TUCSON SECTOR.—For the Tucson sector, 

14 the following: 

15 (A) Increased flight hours for aerial detec16 tion, interdiction, and monitoring operations ca17 pability. 

18 (B) Man-portable unmanned aerial vehi19 cles. 

20 (C) Tower-based surveillance technology. 

21 (D) Ultralight aircraft detection capabili22 ties. 

23 (E) Advanced unattended surveillance sen24 sors. 


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1 (F) Deployable, lighter-than-air ground 

2 surveillance equipment. 

3 (G) A rapid reaction capability supported 

4 by aviation assets. 

5 (5) EL PASO SECTOR.—For the El Paso sector, 

6 the following: 

7 (A) Tower-based surveillance technology. 

8 (B) Ultralight aircraft detection capabili9 ties. 

10 (C) Advanced unattended surveillance sen11 sors. 

12 (D) Mobile vehicle-mounted and man-port13 able surveillance systems. 

14 (E) Deployable, lighter-than-air ground 

15 surveillance equipment. 

16 (F) A rapid reaction capability supported 

17 by aviation assets. 

18 (G) Man-portable surveillance capabilities. 

19 (6) BIG BEND SECTOR.—For the Big Bend sec20 tor, the following: 

21 (A) Tower-based surveillance technology. 

22 (B) Deployable, lighter-than-air ground 

23 surveillance equipment. 

24 (C) Improved agent communications capa25 bilities. 


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1 (D) Ultralight aircraft detection capabili2 ties. 

3 (E) Advanced unattended surveillance sen4 sors. 

5 (F) A rapid reaction capability supported 

6 by aviation assets. 

7 (G) Mobile vehicle-mounted and man-port8 able surveillance capabilities. 

9 (H) Man-portable unmanned aerial vehi10 cles. 

11 (7) DEL RIO SECTOR.—For the Del Rio sector, 

12 the following: 

13 (A) Increased monitoring for cross-river 

14 dams, culverts, and footpaths. 

15 (B) Improved agent communications capa16 bilities. 

17 (C) Improved maritime capabilities in the 

18 Amistad National Recreation Area. 

19 (D) Advanced unattended surveillance sen20 sors. 

21 (E) A rapid reaction capability supported 

22 by aviation assets. 

23 (F) Mobile vehicle-mounted and man-port24 able surveillance capabilities. 


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1 (G) Man-portable unmanned aerial vehi2 cles. 

3 (8) LAREDO SECTOR.—For the Laredo sector, 

4 the following: 

5 (A) Maritime detection resources for the 

6 Falcon Lake region. 

7 (B) Increased flight hours for aerial detec8 tion, interdiction, and monitoring operations ca9 pability. 

10 (C) Increased monitoring for cross-river 

11 dams, culverts, and footpaths. 

12 (D) Ultralight aircraft detection capability. 

13 (E) Advanced unattended surveillance sen14 sors. 

15 (F) A rapid reaction capability supported 

16 by aviation assets. 

17 (G) Man-portable unmanned aerial vehi18 cles. 

19 (9) RIO GRANDE VALLEY SECTOR.—For the Rio 

20 Grande Valley sector, the following: 

21 (A) Deployable, lighter-than-air ground 

22 surveillance equipment. 

23 (B) Increased flight hours for aerial detec24 tion, interdiction, and monitoring operations ca25 pability. 


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1 (C) Ultralight aircraft detection capability. 

2 (D) Advanced unattended surveillance sen3 sors. 

4 (E) Increased monitoring for cross-river 

5 dams, culverts, footpaths. 

6 (F) A rapid reaction capability supported 

7 by aviation assets. 

8 (G) Mobile vehicle-mounted and man-port9 able surveillance capabilities. 

10 (H) Man-portable unmanned aerial vehi11 cles. 

12 (10) EASTERN PACIFIC MARITIME REGION.— 

13 For the Eastern Pacific Maritime region, the fol14 lowing: 

15 (A) Not later than two years after the date 

16 of the enactment of this Act, an increase of not 

17 less than ten percent in the number of overall 

18 cutter, boat, and aircraft hours spent con19 ducting interdiction operations over the average 

20 number of such hours during the preceding 

21 three fiscal years. 

22 (B) Increased maritime signals intelligence 

23 capabilities. 

24 (C) To increase maritime domain aware25 ness, the following: 


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1 (i) Unmanned aerial vehicles with 

2 maritime surveillance capability. 

3 (ii) Increased maritime aviation patrol 

4 hours. 

5 (D) Increased operational hours for mari6 time security components dedicated to joint 

7 counter-smuggling and interdiction efforts with 

8 other Federal agencies, including the 

9 Deployable Specialized Forces of the Coast 

10 Guard. 

11 (11) CARIBBEAN AND GULF MARITIME RE12 GION.—For the Caribbean and Gulf Maritime re13 gion, the following: 

14 (A) Not later than two years after the date 

15 of the enactment of this Act, an increase of not 

16 less than ten percent in the number of overall 

17 cutter, boat, and aircraft hours spent con18 ducting interdiction operations over the average 

19 number of such hours during the preceding 

20 three fiscal years. 

21 (B) Increased maritime signals intelligence 

22 capabilities. 

23 (C) Increased maritime domain awareness 

24 and surveillance capabilities, including the fol25 lowing: 


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1 (i) Unmanned aerial vehicles with 

2 maritime surveillance capability. 

3 (ii) Increased maritime aviation patrol 

4 hours. 

5 (iii) Coastal radar surveillance sys6 tems with long range day and night cam7 eras capable of providing 100 percent mar8 itime domain awareness of the United 

9 States territorial waters surrounding Puer10 to Rico, Mona Island, Desecheo Island, 

11 Vieques Island, Culebra Island, Saint 

12 Thomas, Saint John, and Saint Croix. 

13 (D) Increased operational hours for 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 (12) BLAINE SECTOR.—For the Blaine sector, 

20 the following: 

21 (A) Coastal radar surveillance systems. 

22 (B) Mobile vehicle-mounted and man-port23 able surveillance capabilities. 

24 (C) Advanced unattended surveillance sen25 sors. 


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1 (D) Improved agent communications sys2 tems. 

3 (E) Increased flight hours for aerial detec4 tion, interdiction, and monitoring operations ca5 pability. 

6 (F) Man-portable unmanned aerial vehi7 cles. 

8 (G) Ultralight aircraft detection capabili9 ties. 

10 (H) Modernized port of entry surveillance 

11 capabilities. 

12 (I) Increased maritime interdiction capa13 bilities. 

14 (13) SPOKANE SECTOR.—For the Spokane sec15 tor, the following: 

16 (A) Mobile vehicle-mounted and man-port17 able surveillance capabilities. 

18 (B) Advanced unattended surveillance sen19 sors. 

20 (C) Improved agent communications sys21 tems. 

22 (D) Increased flight hours for aerial detec23 tion, interdiction, and monitoring operations ca24 pability. 


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1 (E) Man-portable unmanned aerial vehi2 cles. 

3 (F) Completion of six miles of the Bog 

4 Creek road. 

5 (G) Ultralight aircraft detection capabili6 ties. 

7 (H) Modernized port of entry surveillance 

8 capabilities. 

9 (I) Increased maritime interdiction capa10 bilities. 

11 (14) HAVRE SECTOR.—For the Havre sector, 

12 the following: 

13 (A) Mobile vehicle-mounted and man-port14 able surveillance capabilities. 

15 (B) Advanced unattended surveillance sen16 sors. 

17 (C) Improved agent communications sys18 tems. 

19 (D) Increased flight hours for aerial detec20 tion, interdiction, and monitoring operations ca21 pability. 

22 (E) Man-portable unmanned aerial vehi23 cles. 

24 (F) Ultralight aircraft detection capabili25 ties. 


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1 (G) Modernized port of entry surveillance 

2 capabilities. 

3 (15) GRAND FORKS SECTOR.—For the Grand 

4 Forks sector, the following: 

5 (A) Mobile vehicle-mounted and man-port6 able surveillance capabilities. 

7 (B) Advanced unattended surveillance sen8 sors. 

9 (C) Improved agent communications sys10 tems. 

11 (D) Increased flight hours for aerial detec12 tion, interdiction, and monitoring operations ca13 pability. 

14 (E) Man-portable unmanned aerial vehi15 cles. 

16 (F) Ultralight aircraft detection capabili17 ties. 

18 (G) Modernized port of entry surveillance 

19 capabilities. 

20 (16) DETROIT SECTOR.—For the Detroit sec21 tor, the following: 

22 (A) Coastal radar surveillance systems. 

23 (B) Mobile vehicle-mounted and man-port24 able surveillance capabilities. 


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1 (C) Advanced unattended surveillance sen2 sors. 

3 (D) Improved agent communications sys4 tems. 

5 (E) Increased flight hours for aerial detec6 tion, interdiction, and monitoring operations ca7 pability. 

8 (F) Man-portable unmanned aerial vehi9 cles. 

10 (G) Ultralight aircraft detection capabili11 ties. 

12 (H) Modernized port of entry surveillance 

13 capabilities. 

14 (I) Increased maritime interdiction capa15 bilities. 

16 (17) BUFFALO SECTOR.—For the Buffalo sec17 tor, the following: 

18 (A) Coastal radar surveillance systems. 

19 (B) Mobile vehicle-mounted and man-port20 able surveillance capabilities. 

21 (C) Advanced unattended surveillance sen22 sors. 

23 (D) Improved agent communications sys24 tems. 


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1 (E) Increased flight hours for aerial detec2 tion, interdiction, and monitoring operations ca3 pability. 

4 (F) Man-portable unmanned aerial vehi5 cles. 

6 (G) Ultralight aircraft detection capabili7 ties. 

8 (H) Modernized port of entry surveillance 

9 capabilities. 

10 (I) Increased maritime interdiction capa11 bilities. 

12 (18) SWANTON SECTOR.—For the Swanton sec13 tor, the following: 

14 (A) Mobile vehicle-mounted and man-port15 able surveillance capabilities. 

16 (B) Advanced unattended surveillance sen17 sors. 

18 (C) Improved agent communications sys19 tems. 

20 (D) Increased flight hours for aerial detec21 tion, interdiction, and monitoring operations ca22 pability. 

23 (E) Man-portable unmanned aerial vehi24 cles. 


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1 (F) Ultralight aircraft detection capabili2 ties. 

3 (G) Modernized port of entry surveillance 

4 capabilities. 

5 (19) HOULTON SECTOR.—For the Houlton sec6 tor, the following: 

7 (A) Mobile vehicle-mounted and man-port8 able surveillance capabilities. 

9 (B) Advanced unattended surveillance sen10 sors. 

11 (C) Improved agent communications sys12 tems. 

13 (D) Increased flight hours for aerial detec14 tion, interdiction, and monitoring operations ca15 pability. 

16 (E) Man-portable unmanned aerial vehi17 cles. 

18 (F) Ultralight aircraft detection capabili19 ties. 

20 (G) Modernized port of entry surveillance 

21 capabilities. 

22 (b) REIMBURSEMENT RELATED TO THE LOWER RIO

23 GRANDE VALLEY FLOOD CONTROL PROJECT.—The 

24 International Boundary and Water Commission is author25 ized to reimburse State and local governments for any exVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 penses incurred before, on, or after the date of the enact2 ment of this Act by such governments in designing, con3 structing, and rehabilitating the Lower Rio Grande Valley 

4 Flood Control Project of the Commission. 

5 (c) TACTICAL FLEXIBILITY.— 

6 (1) SOUTHERN AND NORTHERN LAND BOR7 DERS.—The Secretary of Homeland Security may 

8 alter the capability deployment referred to in this 

9 section if the Secretary determines, after notifying 

10 the Committee on Homeland Security and Govern11 mental Affairs of the Senate and the Committee on 

12 Homeland Security of the House of Representatives, 

13 that such alteration is required to enhance situa14 tional awareness or operational control. 

15 (2) MARITIME BORDER.— 

16 (A) NOTIFICATION.—The Commandant of 

17 the Coast Guard shall notify the Committee on 

18 Homeland Security and Governmental Affairs 

19 of the Senate, the Committee on Commerce, 

20 Science, and Transportation of the Senate, the 

21 Committee on Homeland Security of the House 

22 of Representatives, and the Committee on 

23 Transportation and Infrastructure of the House 

24 of Representatives regarding the capability deVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 ployments referred to in this section, including 

2 information relating to— 

3 (i) the number and types of assets 

4 and personnel deployed; and 

5 (ii) the impact such deployments have 

6 on the capability of the Coast Guard to 

7 conduct its mission in each of the sectors 

8 referred to in paragraphs (10) and (11) of 

9 subsection (a). 

10 (B) ALTERATION.—The Commandant of 

11 the Coast Guard may alter the capability de12 ployments referred to in this section if the 

13 Commandant— 

14 (i) determines, after consultation with 

15 the appropriate committees referred to in 

16 subparagraph (A), that such alteration is 

17 necessary; and 

18 (ii) not later than 30 days after mak19 ing a determination under clause (i), noti20 fies the committees referred to in such 

21 subparagraph regarding such alteration, 

22 including information relating to— 

23 (I) the number and types of as24 sets and personnel deployed pursuant 

25 to such alteration; and 


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1 (II) the impact such alteration 

2 has on the capability of the Coast 

3 Guard to conduct its mission in each 

4 of the sectors referred to in subsection 

5 (a). 

6 SEC. 105. U.S. BORDER PATROL PHYSICAL INFRASTRUC7 TURE IMPROVEMENTS. 

8 The Secretary of Homeland Security shall upgrade 

9 existing physical infrastructure of the Department of 

10 Homeland Security, and construct and acquire additional 

11 physical infrastructure, including— 

12 (1) U.S. Border Patrol stations; 

13 (2) U.S. Border Patrol checkpoints; 

14 (3) mobile command centers; and 

15 (4) other necessary facilities, structures, and 

16 properties. 

17 SEC. 106. U.S. BORDER PATROL ACTIVITIES. 

18 The Chief of the U.S. Border Patrol shall direct 

19 agents of the U.S. Border Patrol to patrol as close to the 

20 physical land border as possible, consistent with the acces21 sibility to such areas. 

22 SEC. 107. U.S. BORDER PATROL FORWARD OPERATING 

23 BASES. 

24 (a) UPGRADES AND MAINTENANCE FOR FORWARD

25 OPERATING BASES.—Not later than January 20, 2021, 


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1 the Secretary of Homeland Security shall upgrade existing 

2 forward operating bases of U.S. Border Patrol on or near 

3 the southern border to ensure that such bases meet the 

4 minimum requirements set forth in subsection (b). 

5 (b) MINIMUM REQUIREMENTS.—Each forward oper6 ating base operated by U.S. Customs and Border Protec7 tion shall be equipped with— 

8 (1) perimeter security; 

9 (2) short-term detention space (separate from 

10 existing housing facilities); 

11 (3) portable generators or shore power suffi12 cient to meet the power requirements for the base; 

13 (4) interview rooms; 

14 (5) adequate communications, including wide 

15 area network connectivity; 

16 (6) cellular service; 

17 (7) potable water; and 

18 (8) a helicopter landing zone. 

19 SEC. 108. BORDER SECURITY TECHNOLOGY PROGRAM 

20 MANAGEMENT. 

21 (a) IN GENERAL.—Subtitle C of title IV of the 

22 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 

23 is amended by adding at the end the following new section: 


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1 ‘‘SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM 

2 MANAGEMENT. 

3 ‘‘(a) MAJOR ACQUISITION PROGRAM DEFINED.—In 

4 this section, the term ‘major acquisition program’ means 

5 an acquisition program of the Department that is esti6 mated by the Secretary to require an eventual total ex7 penditure of at least $300,000,000 (based on fiscal year 

8 2017 constant dollars) over its life cycle cost. 

9 ‘‘(b) PLANNING DOCUMENTATION.—For each border 

10 security technology acquisition program of the Depart11 ment that is determined to be a major acquisition pro12 gram, the Secretary shall— 

13 ‘‘(1) ensure that each such program has a writ14 ten acquisition program baseline approved by the 

15 relevant acquisition decision authority; 

16 ‘‘(2) document that each such program is meet17 ing cost, schedule, and performance thresholds as 

18 specified in such baseline, in compliance with rel19 evant departmental acquisition policies and the Fed20 eral Acquisition Regulation; and 

21 ‘‘(3) have a plan for meeting program imple22 mentation objectives by managing contractor per23 formance. 

24 ‘‘(c) ADHERENCE TO STANDARDS.—The Secretary, 

25 acting through the Under Secretary for Management and 

26 the Commissioner of U.S. Customs and Border Protection, 


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1 shall ensure border security technology acquisition pro2 gram managers who are responsible for carrying out this 

3 section adhere to relevant internal control standards iden4 tified by the Comptroller General of the United States. 

5 The Commissioner shall provide information, as needed, 

6 to assist the Under Secretary in monitoring management 

7 of border security technology acquisition programs under 

8 this section. 

9 ‘‘(d) PLAN.—The Secretary, acting through the 

10 Under Secretary for Management, in coordination with 

11 the Under Secretary for Science and Technology and the 

12 Commissioner of U.S. Customs and Border Protection, 

13 shall submit to the appropriate congressional committees 

14 a plan for testing and evaluation, as well as the use of 

15 independent verification and validation resources, for bor16 der security technology so that new border security tech17 nologies are evaluated through a series of assessments, 

18 processes, and audits to ensure compliance with relevant 

19 departmental acquisition policies and the Federal Acquisi20 tion Regulation, as well as the effectiveness of taxpayer 

21 dollars.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 1(b) of the Homeland Security Act of 2002 is 

24 amended by inserting after the item relating to section 

25 433 the following new item: 

‘‘Sec. 434. Border security technology program management.’’. 


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1 (c) PROHIBITION ON ADDITIONAL AUTHORIZATION

2 OF APPROPRIATIONS.—No additional funds are author3 ized to be appropriated to carry out section 434 of the 

4 Homeland Security Act of 2002, as added by subsection 

5 (a). Such section shall be carried out using amounts other6 wise authorized for such purposes. 

7 SEC. 109. AUTHORITY TO ACQUIRE LEASEHOLDS. 

8 Notwithstanding any other provision of law, if the 

9 Secretary of Homeland Security determines that the ac10 quisition of a leasehold interest in real property and the 

11 construction or modification of any facility on the leased 

12 property are necessary to facilitate the implementation of 

13 this Act, the Secretary may— 

14 (1) acquire a leasehold interest; 

15 (2) construct or modify such facility; 

16 (3) accept real or personal property donations 

17 of any value through U.S. Customs and Border Pro18 tection’s Donations Acceptance Program under the 

19 Cross-Border Trade Enhancement Act of 2016 

20 (Public Law 114–279) or through other public-pub21 lic or public-private partnership arrangements at any 

22 location at which U.S. Customs and Border Protec23 tion operates; and 

24 (4) designate any leasing action as exempt from 

25 Federal lease scoring rules. 


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1 SEC. 110. NATIONAL GUARD SUPPORT TO SECURE THE 

2 SOUTHERN BORDER AND REIMBURSEMENT 

3 OF STATES FOR DEPLOYMENT OF THE NA4 TIONAL GUARD AT THE SOUTHERN BORDER. 

5 (a) IN GENERAL.—With the approval of the Sec6 retary of Defense, the Secretary of Homeland Security, 

7 or the Governor of a State may order any units or per8 sonnel of the National Guard of such State to perform 

9 operations and missions under section 502(f) of title 32, 

10 United States Code, along the southern border for the 

11 purposes of assisting U.S. Customs and Border Protection 

12 to secure the southern border. 

13 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

14 (1) IN GENERAL.—National Guard units and 

15 personnel deployed under subsection (a) may be as16 signed such operations and missions specified in sub17 section (c) as may be necessary to secure the south18 ern border. 

19 (2) NATURE OF DUTY.—The duty of National 

20 Guard personnel performing operations and missions 

21 described in paragraph (1) shall be full-time duty 

22 under title 32, United States Code. 

23 (c) RANGE OF OPERATIONS AND MISSIONS.—The op24 erations and missions assigned under subsection (b) shall 

25 include the temporary authority to— 


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1 (1) construct reinforced fencing or other bar2 riers; 

3 (2) conduct ground-based surveillance systems; 

4 (3) operate unmanned and manned aircraft; 

5 (4) provide radio communications interoper6 ability between U.S. Customs and Border Protection 

7 and State, local, and tribal law enforcement agen8 cies; and 

9 (5) construct checkpoints along the southern 

10 border to bridge the gap to long-term permanent 

11 checkpoints. 

12 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

13 Secretary of Defense shall deploy such materiel and equip14 ment, and logistical support as may be necessary to ensure 

15 success of the operations and missions conducted by the 

16 National Guard under this section. 

17 (e) EXCLUSION FROM NATIONAL GUARD PER18 SONNEL STRENGTH LIMITATIONS.—National Guard per19 sonnel deployed under subsection (a) shall not be included 

20 in— 

21 (1) the calculation to determine compliance 

22 with limits on end strength for National Guard per23 sonnel; or 

24 (2) limits on the number of National Guard 

25 personnel that may be placed on active duty for 


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1 operational support under section 115 of title 10, 

2 United States Code. 

3 (f) REIMBURSEMENT REQUIRED.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 shall reimburse States for the cost of the deployment 

6 of any units or personnel of the National Guard to 

7 perform operations and missions in full-time State 

8 Active Duty in support of a southern border mission. 

9 The Secretary of Defense may not seek reimburse10 ment from the Secretary of Homeland Security for 

11 any reimbursements to States for the costs of such 

12 deployments. 

13 (2) LIMITATION.—The total amount of reim14 bursements under this section may not exceed 

15 $35,000,000 for any fiscal year. 

16 SEC. 111. OPERATION PHALANX. 

17 (a) IN GENERAL.—The Secretary of Defense, with 

18 the concurrence of the Secretary of Homeland Security, 

19 shall provide assistance to U.S. Customs and Border Pro20 tection for purposes of increasing ongoing efforts to secure 

21 the southern border. 

22 (b) TYPES OF ASSISTANCE AUTHORIZED.—The as23 sistance provided under subsection (a) may include— 

24 (1) deployment of manned aircraft, unmanned 

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1 veillance systems to support continuous surveillance 

2 of the southern border; and 

3 (2) intelligence analysis support. 

4 (c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec5 retary of Defense may deploy such materiel, equipment, 

6 and logistics support as may be necessary to ensure the 

7 effectiveness of the assistance provided under subsection 

8 (a). 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for the Department of 

11 Defense $75,000,000 to provide assistance under this sec12 tion. The Secretary of Defense may not seek reimburse13 ment from the Secretary of Homeland Security for any 

14 assistance provided under this section. 

15 (e) REPORTS.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, and annually 

18 thereafter, the Secretary of Defense shall submit a 

19 report to the appropriate congressional defense com20 mittees (as defined in section 101(a)(16) of title 10, 

21 United States Code) regarding any assistance pro22 vided under subsection (a) during the period speci23 fied in paragraph (3). 


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1 (2) ELEMENTS.—Each report under paragraph 

2 (1) shall include, for the period specified in para3 graph (3), a description of— 

4 (A) the assistance provided; 

5 (B) the sources and amounts of funds used 

6 to provide such assistance; and 

7 (C) the amounts obligated to provide such 

8 assistance. 

9 (3) PERIOD SPECIFIED.—The period specified 

10 in this paragraph is— 

11 (A) in the case of the first report required 

12 under paragraph (1), the 90-day period begin13 ning on the date of the enactment of this Act; 

14 and 

15 (B) in the case of any subsequent report 

16 submitted under paragraph (1), the calendar 

17 year for which the report is submitted. 

18 SEC. 112. MERIDA INITIATIVE. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that assistance to Mexico, including assistance from 

21 the Department of State and the Department of Defense 

22 and any aid related to the Merida Initiative, should— 

23 (1) focus on providing enhanced border security 

24 and judicial reform and support for Mexico’s drug 

25 crop eradication efforts; and 


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1 (2) return to its original focus and prioritize se2 curity, training, and acquisition of equipment for 

3 Mexican security forces involved in drug crop eradi4 cation efforts. 

5 (b) ASSISTANCE FOR MEXICO.—The Secretary of 

6 State, in coordination with the Secretary of Homeland Se7 curity, and the Secretary of Defense shall provide assist8 ance to Mexico to— 

9 (1) combat drug trafficking and related vio10 lence, organized crime, and corruption; 

11 (2) build a modern border security system capa12 ble of preventing illegal migration; 

13 (3) support border security and cooperation 

14 with United States law enforcement agencies on bor15 der incursions; 

16 (4) support judicial reform, institution building, 

17 and rule of law activities; and 

18 (5) provide for training and equipment for 

19 Mexican security forces involved in drug crop eradi20 cation efforts. 

21 (c) ALLOCATION OF FUNDS; REPORT.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, 50 percent of any assistance appro24 priated in any appropriations Act to implement this 

25 section shall be withheld until after the Secretary of 


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1 State submits a written report to the congressional 

2 committees specified in paragraph (3) certifying that 

3 the Government of Mexico is— 

4 (A) significantly reducing illegal migration, 

5 drug trafficking, and cross-border criminal ac6 tivities; and 

7 (B) improving the transparency and ac8 countability of Mexican Federal police forces 

9 and working with Mexican State and municipal 

10 authorities to improve the transparency and ac11 countability of Mexican State and municipal po12 lice forces. 

13 (2) MATTERS TO INCLUDE.—The report re14 quired under paragraph (1) shall include a descrip15 tion of— 

16 (A) actions taken by the Government of 

17 Mexico to address the matters described in such 

18 paragraph; and 

19 (B) any instances in which the Secretary 

20 of State determines that the actions taken by 

21 the Government of Mexico are inadequate to 

22 address such matters. 

23 (3) CONGRESSIONAL COMMITTEES SPECI24 FIED.—The congressional committees specified in 

25 this paragraph are— 


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1 (A) the Committee on Appropriations of 

2 the Senate; 

3 (B) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; 

5 (C) the Committee on the Judiciary of the 

6 Senate; 

7 (D) the Committee on Appropriations of 

8 the House of Representatives; 

9 (E) the Committee on Homeland Security 

10 of the House of Representatives; and 

11 (F) the Committee on the Judiciary of the 

12 House of Representatives. 

13 (d) NOTIFICATIONS.—Any assistance made available 

14 by the Secretary of State under this section shall be sub15 ject to— 

16 (1) the notification procedures set forth in sec17 tion 634A of the Foreign Assistance Act of 1961 (22 

18 U.S.C. 2394–1); and 

19 (2) the notification requirements of— 

20 (A) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; 

22 (B) the Committee on the Judiciary of the 

23 Senate; 

24 (C) the Committee on Homeland Security 

25 of the House of Representatives; and 


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1 (D) the Committee on the Judiciary of the 

2 House of Representatives. 

3 (e) SPENDING PLAN.— 

4 (1) IN GENERAL.—Not later than 45 days after 

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

6 of State shall submit, to the congressional commit7 tees specified in paragraph (2), a detailed spending 

8 plan for assistance to Mexico under this section, 

9 which shall include a strategy, developed after con10 sulting with relevant authorities of the Government 

11 of Mexico for— 

12 (A) combating drug trafficking and related 

13 violence and organized crime; and 

14 (B) anti-corruption and rule of law activi15 ties, which shall include concrete goals, actions 

16 to be taken, budget proposals, and a description 

17 of anticipated results. 

18 (2) CONGRESSIONAL COMMITTEES SPECI19 FIED.—The congressional committees specified in 

20 this paragraph are— 

21 (A) the Committee on Appropriations of 

22 the Senate; 

23 (B) the Committee on Foreign Relations of 

24 the Senate; 


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1 (C) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (D) the Committee on the Judiciary of the 

4 Senate; 

5 (E) the Committee on Appropriations of 

6 the House of Representatives; 

7 (F) the Committee on Foreign Affairs of 

8 the House of Representatives; 

9 (G) the Committee on Homeland Security 

10 of the House of Representatives; and 

11 (H) the Committee on the Judiciary of the 

12 House of Representatives. 

13 SEC. 113. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR14 DER SECURITY ON CERTAIN FEDERAL LAND. 

15 (a) PROHIBITION ON INTERFERENCE WITH U.S. 

16 CUSTOMS AND BORDER PROTECTION.— 

17 (1) IN GENERAL.—The Secretary concerned 

18 shall not impede, prohibit, or restrict activities of 

19 U.S. Customs and Border Protection on covered 

20 Federal land to execute search and rescue operations 

21 or to prevent all unlawful entries into the United 

22 States, including entries by terrorists, other unlawful 

23 aliens, instruments of terrorism, narcotics, and other 

24 contraband through the southern border or the 

25 northern border. 


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1 (2) APPLICABILITY.—The authority of U.S. 

2 Customs and Border Protection to conduct activities 

3 described in paragraph (1) on covered Federal land 

4 applies without regard to whether a state of emer5 gency exists. 

6 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

7 BORDER PROTECTION.— 

8 (1) IN GENERAL.—U.S. Customs and Border 

9 Protection shall have immediate access to covered 

10 Federal land to conduct the activities described in 

11 paragraph (2) on such land to prevent all unlawful 

12 entries into the United States, including entries by 

13 terrorists, other unlawful aliens, instruments of ter14 rorism, narcotics, and other contraband through the 

15 southern border or the northern border. 

16 (2) ACTIVITIES DESCRIBED.—The activities de17 scribed in this paragraph are— 

18 (A) the use of vehicles to patrol the border 

19 area, apprehend illegal entrants, and rescue in20 dividuals; and 

21 (B) the construction, installation, oper22 ation and maintenance of tactical infrastructure 

23 and border technology as set forth in section 

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1 migrant Responsibility Act of 1996 (as amend2 ed by section 102 of this Act). 

3 (c) EXEMPTION FROM CERTAIN LAWS.— 

4 (1) IN GENERAL.—The activities of U.S. Cus5 toms and Border Protection described in subsection 

6 (b)(2) may be carried out without regard to the pro7 visions of law specified in paragraph (2). 

8 (2) PROVISIONS OF LAW SPECIFIED.—The pro9 visions of law specified in this paragraph are all 

10 Federal, State, and other laws, regulations, and 

11 legal requirements of, deriving from, or related to 

12 the subject of, the following laws: 

13 (A) The National Environmental Policy 

14 Act (42 U.S.C. 4321 et seq.). 

15 (B) The Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.). 

17 (C) The Federal Water Pollution Control 

18 Act (33 U.S.C. 1251 et seq.) (commonly re19 ferred to as the ‘‘Clean Water Act’’). 

20 (D) Division A of subtitle III of title 54, 

21 United States Code (54 U.S.C. 300301 et seq.) 

22 (formerly known as the ‘‘National Historic 

23 Preservation Act’’). 

24 (E) The Migratory Bird Treaty Act (16 

25 U.S.C. 703 et seq.). 


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1 (F) The Clean Air Act (42 U.S.C. 7401 et 

2 seq.). 

3 (G) The Archeological Resources Protec4 tion Act of 1979 (16 U.S.C. 470aa et seq.). 

5 (H) The Safe Drinking Water Act (42 

6 U.S.C. 300f et seq.). 

7 (I) The Noise Control Act of 1972 (42 

8 U.S.C. 4901 et seq.). 

9 (J) The Solid Waste Disposal Act (42 

10 U.S.C. 6901 et seq.). 

11 (K) The Comprehensive Environmental 

12 Response, Compensation, and Liability Act of 

13 1980 (42 U.S.C. 9601 et seq.). 

14 (L) Chapter 3125 of title 54, United 

15 States Code (formerly known as the ‘‘Archae16 ological and Historic Preservation Act’’). 

17 (M) The Antiquities Act (16 U.S.C. 431 et 

18 seq.). 

19 (N) Chapter 3203 of title 54, United 

20 States Code (formerly known as the ‘‘Historic 

21 Sites, Buildings, and Antiquities Act’’). 

22 (O) The Wild and Scenic Rivers Act (16 

23 U.S.C. 1271 et seq.). 

24 (P) The Farmland Protection Policy Act 

25 (7 U.S.C. 4201 et seq.). 


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1 (Q) The Coastal Zone Management Act of 

2 1972 (16 U.S.C. 1451 et seq.). 

3 (R) The Wilderness Act (Pub. L. 88-577, 

4 16 U.S.C. 1131 et seq.). 

5 (S) The Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

7 (T) The National Wildlife Refuge System 

8 Administration Act of 1966 (16 U.S.C. 668dd 

9 et seq.). 

10 (U) The Fish and Wildlife Act of 1956 (16 

11 U.S.C. 742a, et seq.). 

12 (V) The Fish and Wildlife Coordination 

13 Act (16 U.S.C. 661 et seq.). 

14 (W) Subchapter II of chapter 5, and chap15 ter 7, of title 5, United States Code (commonly 

16 known as the ‘‘Administrative Procedure Act’’). 

17 (X) The Otay Mountain Wilderness Act of 

18 1999 (Pub. L. 106–145). 

19 (Y) Sections 102(29) and 103 of the Cali20 fornia Desert Protection Act of 1994 (Pub. L. 

21 103–433). 

22 (Z) Division A of subtitle I of title 54, 

23 United States Code (formerly known as the 

24 ‘‘National Park Service Organic Act’’). 


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1 (AA) The National Park Service General 

2 Authorities Act (16 U.S.C. 1a–1 et seq.). 

3 (BB) Sections 401(7), 403, and 404 of the 

4 National Parks and Recreation Act of 1978 

5 (Pub. L. 95–625). 

6 (CC) Subsections (a) through (f) of section 

7 301 of the Arizona Desert Wilderness Act of 

8 1990 (16 U.S.C. 1132 note). 

9 (DD) The Act of March 3, 1899 (33 

10 U.S.C. 401 et seq.) (commonly known as the 

11 ‘‘Rivers and Harbors Appropriation Act of 

12 1899’’). 

13 (EE) The Act of June 8, 1940 (16 U.S.C. 

14 668 et seq.) (commonly known as the ‘‘Bald 

15 and Golden Eagle Protection Act’’). 

16 (FF) The Native American Graves Protec17 tion and Repatriation Act (25 U.S.C. 3001 et 

18 seq.). 

19 (GG) Public Law 95–341 (42 U.S.C. 

20 1996)(commonly known as the ‘‘American In21 dian Religious Freedom Act’’). 

22 (HH) The Religious Freedom Restoration 

23 Act of 1993 (42 U.S.C. 2000bb et seq.). 

24 (II) The National Forest Management Act 

25 of 1976 (16 U.S.C. 472a et seq.). 


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1 (JJ) The Multiple-Use Sustained-Yield Act 

2 of 1960 (16 U.S.C. 528 et seq.). 

3 (3) APPLICABILITY OF WAIVER TO SUCCESSOR

4 LAWS.—If a provision of law specified in paragraph 

5 (2) was repealed and incorporated into title 54, 

6 United States Code, after April 1, 2008, and before 

7 the date of the enactment of this Act, the waiver de8 scribed in paragraph (1) shall apply to the provision 

9 of such title that corresponds to the provision of law 

10 specified in paragraph (2) to the same extent as the 

11 waiver applied to that provision of law. 

12 (d) PROTECTION OF LEGAL USES.—This section may 

13 not be construed to provide— 

14 (1) authority to restrict legal uses, such as 

15 grazing, hunting, mining, or recreation or the use of 

16 back country airstrips, on land under the jurisdic17 tion of the Secretary of the Interior or the Secretary 

18 of 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) DEFINITIONS.—In this section: 

8 (1) COVERED FEDERAL LAND.—The term ‘‘cov9 ered Federal land’’ includes all land under the con10 trol of the Secretary concerned that is located within 

11 100 miles of the southern border or the northern 

12 border. 

13 (2) SECRETARY CONCERNED.—The term ‘‘Sec14 retary concerned’’ means— 

15 (A) with respect to land under the jurisdic16 tion of the Department of Agriculture, the Sec17 retary of Agriculture; and 

18 (B) with respect to land under the jurisdic19 tion of the Department of the Interior, the Sec20 retary of the Interior. 

21 SEC. 114. LANDOWNER AND RANCHER SECURITY ENHANCE22 MENT. 

23 (a) ESTABLISHMENT OF NATIONAL BORDER SECU24 RITY ADVISORY COMMITTEE.—The Secretary of HomeVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 land Security shall establish a National Border Security 

2 Advisory Committee, which— 

3 (1) may advise, consult with, report to, and 

4 make recommendations to the Secretary on matters 

5 relating to border security matters, including— 

6 (A) verifying security claims and the bor7 der security metrics established by the Depart8 ment of Homeland Security under section 1092 

9 of the National Defense Authorization Act for 

10 Fiscal Year 2017 (Public Law 114-328; 6 

11 U.S.C. 223); and 

12 (B) discussing ways to improve the secu13 rity of high traffic areas along the northern 

14 border and the southern border; and 

15 (2) may provide, through the Secretary, rec16 ommendations to Congress. 

17 (b) CONSIDERATION OF VIEWS.—The Secretary of 

18 Homeland Security shall consider the information, advice, 

19 and recommendations of the National Border Security Ad20 visory Committee in formulating policy regarding matters 

21 affecting border security. 

22 (c) MEMBERSHIP.—The National Border Security 

23 Advisory Committee shall consist of at least one member 

24 per State who— 


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1 (1) has at least 5 years practical experience in 

2 border security operations; or 

3 (2) lives and works in the United States within 

4 80 miles from the southern border or the northern 

5 border. 

6 (d) NONAPPLICABILITY OF FEDERAL ADVISORY

7 COMMITTEE ACT.—The Federal Advisory Committee Act 

8 (5 U.S.C. App.) shall not apply to the National Border 

9 Security Advisory Committee. 

10 SEC. 115. LIMITATION ON LAND OWNER’S LIABILITY. 

11 Section 287 of the Immigration and Nationality Act 

12 (8 U.S.C. 1357) is amended by adding at the end the fol13 lowing: 

14 ‘‘(i) INDEMNITY FOR ACTIONS OF LAW ENFORCE15 MENT OFFICERS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of law, and subject to appropriations, any 

18 owner of land located in the United States within 

19 100 miles of the southern border of the United 

20 States may seek reimbursement from the Depart21 ment of Homeland Security and the Secretary of 

22 Homeland Security shall pay for any adverse final 

23 tort judgment for negligence (excluding attorneys’ 

24 fees and costs) authorized under Federal or State 

25 tort law, arising directly from any border patrol acVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 tion, such as apprehensions, tracking, and detention 

2 of aliens, that is conducted on privately-owned land 

3 if— 

4 ‘‘(A) such land owner has been found neg5 ligent by a Federal or State court in any tort 

6 litigation; 

7 ‘‘(B) such land owner has not already been 

8 reimbursed for the final tort judgment, includ9 ing outstanding attorneys’ fees and costs; 

10 ‘‘(C) such land owner did not have or does 

11 not have sufficient property insurance to cover 

12 the judgment and has had an insurance claim 

13 for such coverage denied; and 

14 ‘‘(D) such tort action was brought against 

15 such land owner as a direct result of activity of 

16 law enforcement officers of the Department of 

17 Homeland Security, acting in their official ca18 pacity, on the owner’s land. 

19 ‘‘(2) DEFINITIONS.—In this subsection— 

20 ‘‘(A) the term ‘land’ includes roads, water, 

21 watercourses, and private ways, and buildings, 

22 structures, machinery, and equipment that is 

23 attached to real property; and 

24 ‘‘(B) the term ‘owner’ includes the pos25 sessor of a fee interest, a tenant, a lessee, an 


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1 occupant, the possessor of any other interest in 

2 land, and any person having a right to grant 

3 permission to use the land. 

4 ‘‘(3) EXCEPTIONS.—Nothing in this subsection 

5 may be construed to require the Secretary of Home6 land Security to reimburse, under subparagraph 

7 (i)(1), a land owner for any adverse final tort judg8 ment for negligence or to limit land owner liability 

9 which would otherwise exist for— 

10 ‘‘(A) willful or malicious failure to guard 

11 or warn against a known dangerous condition, 

12 use, structure, or activity likely to cause harm; 

13 ‘‘(B) maintaining an attractive nuisance; 

14 ‘‘(C) gross negligence; or 

15 ‘‘(D) direct interference with, or hindrance 

16 of, any agent or officer of the Federal Govern17 ment who is authorized to enforce the immigra18 tion laws of the United States during— 

19 ‘‘(i) a patrol of such landowner’s land; 

20 or 

21 ‘‘(ii) any action taken to apprehend or 

22 detain any alien attempting to enter the 

23 United States illegally or to evade execu24 tion of an arrest warrant for a violation of 

25 any immigration law. 


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1 ‘‘(4) SAVINGS PROVISION.—Nothing in this sub2 section may be construed to affect any right or rem3 edy available pursuant to chapter 171 of title 28, 

4 United States Code (commonly known as the ‘Fed5 eral Tort Claims Act’).’’. 

6 SEC. 116. ERADICATION OF CARRIZO CANE AND SALT 

7 CEDAR. 

8 Not later than January 20, 2021, the Secretary of 

9 Homeland Security, after coordinating with the heads of 

10 the relevant Federal, State, and local agencies, shall begin 

11 eradicating the carrizo cane plant and any salt cedar along 

12 the Rio Grande River. 

13 SEC. 117. PREVENTION, DETECTION, CONTROL, AND ERADI14 CATION OF DISEASES AND PESTS. 

15 (a) DEFINITIONS.— 

16 (1) ANIMAL.—The term ‘‘animal’’ means any 

17 member of the animal kingdom (except a human). 

18 (2) ARTICLE.—The term ‘‘article’’ means any 

19 pest or disease or any material or tangible object 

20 that could harbor a pest or disease. 

21 (3) DISEASE.—The term ‘‘disease’’ has the 

22 meaning given the term by the Secretary of Agri23 culture. 

24 (4) LIVESTOCK.—The term ‘‘livestock’’ means 

25 all farm-raised animals. 


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1 (5) MEANS OF CONVEYANCE.—The term 

2 ‘‘means of conveyance’’ means any personal property 

3 used for or intended for use for, the movement of 

4 any other personal property. 

5 (6) PEST.—The term ‘‘pest’’ means any of the 

6 following that can directly or indirectly injure, cause 

7 damage to, or cause disease in human livestock, a 

8 plant, or a plant part: 

9 (A) A protozoan. 

10 (B) A plant or plant part. 

11 (C) A nonhuman animal. 

12 (D) A bacterium. 

13 (E) A fungus. 

14 (F) A virus or viroid. 

15 (G) An infectious agent or other pathogen. 

16 (H) An arthropod. 

17 (I) A parasite or parasitic plant. 

18 (J) A prion. 

19 (K) A vector. 

20 (L) Any organism similar to or allied with 

21 any of the organisms described in this para22 graph. 

23 (7) PLANT.—The term ‘‘plant’’ means any 

24 plant (including any plant part) for or capable of 

25 propagation, including a tree, a tissue culture, a 


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1 plantlet culture, pollen, a shrub, a vine, a cutting, a 

2 graft, a scion, a bud, a bulb, a root, and a seed. 

3 (8) STATE.—The term ‘‘State’’ means any of 

4 the several States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, Guam, the Common6 wealth of the Northern Mariana Islands, the Virgin 

7 Islands of the United States, and any territory or 

8 possession of the United States. 

9 (b) DETECTION, CONTROL, AND ERADICATION OF

10 THE SPREAD OF DISEASES AND PESTS.— 

11 (1) IN GENERAL.—The Secretary of Agriculture 

12 may carry out operations and measures to prevent, 

13 detect, control, or eradicate the spread of any pest 

14 or disease of livestock or plant that threatens any 

15 segment of agriculture. 

16 (2) COMPENSATION.— 

17 (A) IN GENERAL.—The Secretary of Agri18 culture may pay a claim arising out of— 

19 (i) the destruction of any animal, 

20 plant, plant part, article, or means of con21 veyance consistent with the purposes of 

22 this section; and 

23 (ii) implementing measures to pre24 vent, detect, control, or eradicate the 

25 spread of any pest disease of livestock or 


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1 plant that threatens any segment of agri2 culture. 

3 (B) SPECIFIC COOPERATIVE PROGRAMS.— 

4 The Secretary of Agriculture shall compensate 

5 industry participants and State agencies that 

6 cooperate with the Secretary of Agriculture in 

7 carrying out operations and measures under 

8 this subsection for up to 100 percent of eligible 

9 costs relating to— 

10 (i) cooperative programs involving 

11 Federal, State, or industry participants to 

12 control diseases of low or high pathoge13 nicity and pests in accordance with regula14 tions issued by the Secretary of Agri15 culture; and 

16 (ii) the construction and operation of 

17 research laboratories, quarantine stations, 

18 and other buildings and facilities for spe19 cial purposes. 

20 (C) REVIEWABILITY.—The action of any 

21 officer, employee, or agent of the Secretary of 

22 Agriculture in carrying out paragraph (1) shall 

23 not be subject to review by any officer or em24 ployee of the Federal Government other than 


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1 the Secretary of Agriculture or a designee of 

2 the Secretary. 

3 (c) COOPERATION.— 

4 (1) IN GENERAL.—To carry out this section, 

5 the Secretary of Agriculture may cooperate with 

6 other Federal agencies, States, State agencies, polit7 ical subdivisions of States, national and local govern8 ments of foreign countries, domestic and inter9 national organizations and associations, domestic 

10 nonprofit corporations, Indian tribes, and other per11 sons. 

12 (2) RESPONSIBILITY.—The person or other en13 tity cooperating with the Secretary of Agriculture 

14 shall be responsible for the authority necessary to 

15 carry out operations or measures— 

16 (A) on all land and property within a for17 eign country or State, or under the jurisdiction 

18 of an Indian tribe, other than on land and 

19 property owned or controlled by the United 

20 States; and 

21 (B) using other facilities and means, as de22 termined by the Secretary of Agriculture. 

23 (d) FUNDING.—For fiscal year 2018, and for each 

24 succeeding fiscal year, the Secretary of Agriculture shall 

25 use such funds from the Commodity Credit Cooperation 


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1 as may be necessary to carry out operations and measures 

2 to prevent, detect, control, or eradicate the spread of any 

3 pest or disease of livestock or plant that threatens any 

4 segment of agriculture. 

5 (e) REIMBURSEMENT.—The Secretary of Agriculture 

6 shall reimburse any Federal agency, State, State agency, 

7 political subdivision of a State, national or local govern8 ment of a foreign country, domestic or international orga9 nization or association, domestic nonprofit corporation, 

10 Indian tribe, or other person for specified costs, as pre11 scribed by the Secretary of Agriculture, in the discretion 

12 of the Secretary, that result from cooperation with the 

13 Secretary of Agriculture in carrying out operations and 

14 measures under this section. 

15 SEC. 118. EXEMPTION FROM GOVERNMENT CONTRACTING 

16 AND HIRING RULES. 

17 (a) APPLICABILITY OF CERTAIN GOVERNMENT CON18 TRACTING RULES.— 

19 (1) IN GENERAL.—Notwithstanding any other 

20 provision of law, in implementing this title— 

21 (A) the requirement under section 3301 of 

22 title 41, United States Code, to obtain a full 

23 and open competition through the use of com24 petitive procedures shall not apply; and 


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1 (B) any executive agency entering into the 

2 contract may use noncompetitive procedures in 

3 accordance with section 3304 of such title. 

4 (2) LIMITATIONS ON PROTESTS.—The deter5 mination of an executive agency under section 3304 

6 of title 41, United States Code, to use noncompeti7 tive procedures shall not be subject to challenge by 

8 protest to— 

9 (A) the Comptroller General of the United 

10 States under subchapter V of chapter 35 of title 

11 31, United States Code; or 

12 (B) the Court of Federal Claims under 

13 section 1491 of title 28, United States Code. 

14 (b) APPLICABILITY OF CERTAIN GOVERNMENT HIR15 ING RULES.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, in implementing this title, the Sec18 retary of Homeland Security and the Attorney Gen19 eral may appoint employees on a term, temporary 

20 limited, or part-time basis without regard to— 

21 (A) the number of such employees; 

22 (B) the ratio between the number of such 

23 employees and the number of permanent full24 time employees; and 


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1 (C) the duration of such employees’ em2 ployment. 

3 (2) RULE OF CONSTRUCTION.—Nothing in 

4 chapter 71 of title 5, United States Code, shall af5 fect the authority of the Department of Homeland 

6 Security or the Department of Justice to hire em7 ployees under this title on a temporary limited or 

8 part-time basis. 

9 (c) REPORTS.—The head of an executive agency en10 tering into a contract or hiring employees pursuant to au11 thority provided under subsection (a) or (b) shall— 

12 (1) immediately submit to the appropriate con13 gressional committees written notification of the use 

14 of such authority; and 

15 (2) submit to those committees a quarterly re16 port estimating amounts to be expended pursuant to 

17 such authority. 

18 (d) EXECUTIVE AGENCY DEFINED.—In this section, 

19 the term ‘‘executive agency’’ has the meaning given the 

20 term in section 133 of title 41, United States Code. 

21 SEC. 119. TRANSNATIONAL CRIMINAL ORGANIZATION IL22 LICIT SPOTTER PREVENTION AND DETEC23 TION. 

24 (a) UNLAWFULLY HINDERING IMMIGRATION, BOR25 DER, AND CUSTOMS CONTROLS.— 


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1 (1) ENHANCED PENALTIES.—Chapter 9 of title 

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

3 1351 et seq.) is amended by adding at the end the 

4 following: 

5 ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR6 DER, AND CUSTOMS CONTROLS. 

7 ‘‘(a) ILLICIT SPOTTING.—Any person who knowingly 

8 transmits, by any means, to another person the location, 

9 movement, or activities of any Federal, State, local, or 

10 tribal law enforcement agency with the intent to further 

11 a Federal crime relating to United States immigration, 

12 customs, controlled substances, agriculture, monetary in13 struments, or other border controls shall be fined under 

14 title 18, imprisoned not more than 10 years, or both. 

15 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

16 CONTROLS.—Any person who knowingly and without law17 ful authorization destroys, alters, or damages any fence, 

18 barrier, sensor, camera, or other physical or electronic de19 vice deployed by the Federal Government to control the 

20 border or a port of entry or otherwise seeks to construct, 

21 excavate, or make any structure intended to defeat, cir22 cumvent, or evade any such fence, barrier, sensor camera, 

23 or other physical or electronic device deployed by the Fed24 eral Government to control the border or a port of entry— 


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1 ‘‘(1) shall be fined under title 18, imprisoned 

2 not more than 10 years, or both; and 

3 ‘‘(2) if, at the time of the offense, the person 

4 uses or carries a firearm or who, in furtherance of 

5 any such crime, possesses a firearm, shall be fined 

6 under title 18, imprisoned not more than 20 years, 

7 or both. 

8 ‘‘(c) CONSPIRACY AND ATTEMPT.—Any person who 

9 attempts or conspires to violate subsection (a) or (b) shall 

10 be punished in the same manner as a person who com11 pletes a violation of such subsection.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in the first section of the Immigration and Na14 tionality Act is amended by inserting after the item 

15 relating to section 294 the following: 

‘‘Sec. 295. Unlawfully hindering immigration, border, and customs controls.’’. 

16 (b) CARRYING OR USING A FIREARM DURING AND

17 IN RELATION TO AN ALIEN SMUGGLING CRIME.—Section 

18 924(c) of title 18, United States Code, is amended— 

19 (1) in paragraph (1)— 

20 (A) in subparagraph (A), by inserting ‘‘, 

21 alien smuggling crime,’’ after ‘‘crime of vio22 lence’’ each place that term appears; and 

23 (B) in subparagraph (D)(ii), by inserting 

24 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio25 lence’’; 


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1 (2) by striking paragraphs (2) through (4); 

2 (3) by redesignating paragraph (5) as para3 graph (2); and 

4 (4) by adding at the end the following: 

5 ‘‘(3) For purposes of this subsection— 

6 ‘‘(A) the term ‘alien smuggling crime’ means 

7 any felony punishable under section 274(a), 277, or 

8 278 of the Immigration and Nationality Act (8 

9 U.S.C. 1324(a), 1327, and 1328); 

10 ‘‘(B) the term ‘brandish’ means, with respect to 

11 a firearm, to display all or part of the firearm, or 

12 otherwise make the presence of the firearm known 

13 to another person, in order to intimidate that per14 son, regardless of whether the firearm is directly 

15 visible to that person; 

16 ‘‘(C) the term ‘crime of violence’ means a felony 

17 offense that— 

18 ‘‘(i) has as an element the use, attempted 

19 use, or threatened use of physical force against 

20 the person or property of another; or 

21 ‘‘(ii) by its nature, involves a substantial 

22 risk that physical force against the person or 

23 property of another may be used in the course 

24 of committing the offense; and 


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1 ‘‘(D) the term ‘drug trafficking crime’ means 

2 any felony punishable under the Controlled Sub3 stances Act (21 U.S.C. 801 et seq.), the Controlled 

4 Substances Import and Export Act (21 U.S.C. 951 

5 et seq.), or chapter 705 of title 46.’’. 

6 (c) STATUTE OF LIMITATIONS.—Section 3298 of title 

7 18, United States Code, is amended by inserting ‘‘, or 

8 295’’ after ‘‘274(a)’’. 

9 SEC. 120. SOUTHERN BORDER THREAT ANALYSIS. 

10 (a) THREAT ANALYSIS.— 

11 (1) REQUIREMENT.—Not later than 180 days 

12 after the date of the enactment of this Act, the Sec13 retary of Homeland Security shall submit to the 

14 Committee on Homeland Security and Governmental 

15 Affairs of the Senate and the Committee on Home16 land Security of the House of Representatives a 

17 southern border threat analysis. 

18 (2) CONTENTS.—The analysis submitted under 

19 paragraph (1) shall include an assessment of— 

20 (A) current and potential terrorism and 

21 criminal threats posed by individuals and orga22 nized groups seeking— 

23 (i) to unlawfully enter the United 

24 States through the southern border; or 


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1 (ii) to exploit security vulnerabilities 

2 along the southern border; 

3 (B) improvements needed at and between 

4 ports of entry along the southern border to pre5 vent terrorists and instruments of terror from 

6 entering the United States; 

7 (C) gaps in law, policy, and coordination 

8 between State, local, or tribal law enforcement, 

9 international agreements, or tribal agreements 

10 that hinder effective and efficient border secu11 rity, counterterrorism, and anti-human smug12 gling and trafficking efforts; 

13 (D) the current percentage of situational 

14 awareness achieved by the Department of 

15 Homeland Security along the southern border; 

16 (E) the current percentage of operational 

17 control (as defined in section 2 of the Secure 

18 Fence Act of 2006 (8 U.S.C. 1701 note)) 

19 achieved by the Department of Homeland Secu20 rity on the southern border; and 

21 (F) traveler crossing times and any poten22 tial security vulnerability associated with pro23 longed wait times. 

24 (3) ANALYSIS REQUIREMENTS.—In compiling 

25 the southern border threat analysis under this subVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 section, the Secretary of Homeland Security shall 

2 consider and examine— 

3 (A) the technology needs and challenges, 

4 including such needs and challenges identified 

5 as a result of previous investments that have 

6 not fully realized the security and operational 

7 benefits that were sought; 

8 (B) the personnel needs and challenges, in9 cluding such needs and challenges associated 

10 with recruitment and hiring; 

11 (C) the infrastructure needs and chal12 lenges; 

13 (D) the roles and authorities of State, 

14 local, and tribal law enforcement in general bor15 der security activities; 

16 (E) the status of coordination among Fed17 eral, State, local, tribal, and Mexican law en18 forcement entities relating to border security; 

19 (F) the terrain, population density, and cli20 mate along the southern border; and 

21 (G) the international agreements between 

22 the United States and Mexico related to border 

23 security. 

24 (4) CLASSIFIED FORM.—To the extent possible, 

25 the Secretary of Homeland Security shall submit the 


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1 southern border threat analysis required under this 

2 subsection in unclassified form, but may submit a 

3 portion of the threat analysis in classified form if 

4 the Secretary determines such action is appropriate. 

5 (b) BORDER PATROL STRATEGIC PLAN.— 

6 (1) IN GENERAL.—Not later than the later of 

7 180 days after the submission of the threat analysis 

8 required under subsection (a) or June 30, 2018, and 

9 every five years thereafter, the Secretary of Home10 land Security, acting through the Chief of the U.S. 

11 Border Patrol, and in consultation with the Officer 

12 for Civil Rights and Civil Liberties of the Depart13 ment of Homeland Security, shall issue a Border 

14 Patrol Strategic Plan. 

15 (2) CONTENTS.—The Border Patrol Strategic 

16 Plan required under this subsection shall include a 

17 consideration of— 

18 (A) the southern border threat analysis re19 quired under subsection (a), with an emphasis 

20 on efforts to mitigate threats identified in such 

21 threat analysis; 

22 (B) efforts to analyze and disseminate bor23 der security and border threat information be24 tween border security components of the De25 partment of Homeland Security and other apVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 propriate Federal departments and agencies 

2 with missions associated with the southern bor3 der; 

4 (C) efforts to increase situational aware5 ness, including— 

6 (i) surveillance capabilities, including 

7 capabilities developed or utilized by the 

8 Department of Defense, and any appro9 priate technology determined to be excess 

10 by the Department of Defense; and 

11 (ii) the use of manned aircraft and 

12 unmanned aerial systems, including cam13 era and sensor technology deployed on 

14 such assets; 

15 (D) efforts to detect and prevent terrorists 

16 and instruments of terrorism from entering the 

17 United States; 

18 (E) efforts to detect, interdict, and disrupt 

19 aliens and illicit drugs at the earliest possible 

20 point; 

21 (F) efforts to focus intelligence collection 

22 to disrupt transnational criminal organizations 

23 outside of the international and maritime bor24 ders of the United States; 


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1 (G) efforts to ensure that any new border 

2 security technology can be operationally inte3 grated with existing technologies in use by the 

4 Department of Homeland Security; 

5 (H) any technology required to maintain, 

6 support, and enhance security and facilitate 

7 trade at ports of entry, including nonintrusive 

8 detection equipment, radiation detection equip9 ment, biometric technology, surveillance sys10 tems, and other sensors and technology that the 

11 Secretary of Homeland Security determines to 

12 be necessary; 

13 (I) operational coordination unity of effort 

14 initiatives of the border security components of 

15 the Department of Homeland Security, includ16 ing any relevant task forces of the Department 

17 of Homeland Security; 

18 (J) lessons learned from Operation 

19 Jumpstart and Operation Phalanx; 

20 (K) cooperative agreements and informa21 tion sharing with State, local, tribal, territorial, 

22 and other Federal law enforcement agencies 

23 that have jurisdiction on the northern border or 

24 the southern border; 


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1 (L) border security information received 

2 from consultation with State, local, tribal, terri3 torial, and Federal law enforcement agencies 

4 that have jurisdiction on the northern border or 

5 the southern border, or in the maritime envi6 ronment, and from border community stake7 holders (including through public meetings with 

8 such stakeholders), including representatives 

9 from border agricultural and ranching organiza10 tions and representatives from business and 

11 civic organizations along the northern border or 

12 the southern border; 

13 (M) staffing requirements for all depart14 mental border security functions; 

15 (N) a prioritized list of departmental re16 search and development objectives to enhance 

17 the security of the southern border; 

18 (O) an assessment of training programs, 

19 including training programs for— 

20 (i) identifying and detecting fraudu21 lent documents; 

22 (ii) understanding the scope of en23 forcement authorities and the use of force 

24 policies; and 


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1 (iii) screening, identifying, and ad2 dressing vulnerable populations, such as 

3 children and victims of human trafficking; 

4 and 

5 (P) an assessment of how border security 

6 operations affect border crossing times. 

7 Subtitle B—Personnel 

8 PART I—INCREASES IN IMMIGRATION AND LAW 

9 ENFORCEMENT PERSONNEL 

10 SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PRO11 TECTION AGENTS AND OFFICERS. 

12 (a) BORDER PATROL AGENTS.—Not later than Sep13 tember 30, 2021, the Commissioner of U.S. Customs and 

14 Border Protection shall hire, train, and assign sufficient 

15 agents to maintain an active duty presence of not fewer 

16 than 26,370 full-time equivalent agents. 

17 (b) CBP OFFICERS.—In addition to positions author18 ized before the date of the enactment of this Act and any 

19 existing officer vacancies within U.S. Customs and Border 

20 Protection as of such date, the Commissioner, subject to 

21 the availability of appropriations, shall hire, train, and as22 sign to duty, not later than September 30, 2021— 

23 (1) sufficient U.S. Customs and Border Protec24 tion officers to maintain an active duty presence of 


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1 not fewer than 27,725 full-time equivalent officers; 

2 and 

3 (2) 350 full-time support staff distributed 

4 among all United States ports of entry. 

5 (c) AIR AND MARINE OPERATIONS.—Not later than 

6 September 30, 2021, the Commissioner of U.S. Customs 

7 and Border Protection shall hire, train, and assign suffi8 cient agents for Air and Marine Operations of U.S. Cus9 toms and Border Protection to maintain not fewer than 

10 1,675 full-time equivalent agents. 

11 (d) U.S. CUSTOMS AND BORDER PROTECTION K–9 

12 UNITS AND HANDLERS.— 

13 (1) K–9 UNITS.—Not later than September 30, 

14 2021, the Commissioner shall deploy not less than 

15 300 new K–9 units, with supporting officers of U.S. 

16 Customs and Border Protection and other required 

17 staff, at land ports of entry and checkpoints on the 

18 southern border and the northern border. 

19 (2) USE OF CANINES.—The Commissioner shall 

20 prioritize the use of canines at the primary inspec21 tion lanes at land ports of entry and checkpoints. 

22 (e) U.S. CUSTOMS AND BORDER PROTECTION

23 HORSEBACK UNITS.— 

24 (1) INCREASE.—Not later than September 30, 

25 2021, the Commissioner shall increase the number 


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1 of horseback units, with supporting officers of U.S. 

2 Customs and Border Protection and other required 

3 staff, by not less than 100 officers and 50 horses for 

4 security patrol along the southern border. 

5 (2) FUNDING LIMITATION.—Of the amounts 

6 authorized to be appropriated for U.S. Customs and 

7 Border Protection in this Act, not more than one 

8 percent may be used for the purchase of additional 

9 horses, the construction of new stables, maintenance 

10 and improvements of existing stables, and for feed, 

11 medicine, and other resources needed to maintain 

12 the health and well-being of the horses that serve in 

13 the horseback units. 

14 (f) U.S. CUSTOMS AND BORDER PROTECTION

15 SEARCH TRAUMA AND RESCUE TEAMS.—Not later than 

16 September 30, 2021, the Commissioner shall increase by 

17 not fewer than 50 the number of officers engaged in 

18 search and rescue activities along the southern border. 

19 (g) U.S. CUSTOMS AND BORDER PROTECTION TUN20 NEL DETECTION AND TECHNOLOGY PROGRAM.—Not 

21 later than September 30, 2021, the Commissioner shall 

22 increase by not less than 50 the number of officers assist23 ing task forces and activities related to deployment and 

24 operation of border tunnel detection technology and appre25 hensions of individuals using such tunnels for crossing 


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1 into the United States, drug trafficking, or human smug2 gling. 

3 (h) AGRICULTURAL SPECIALISTS.—Not later than 

4 September 30, 2021, and in addition to the officers and 

5 agents authorized under paragraphs (a) through (g), the 

6 Secretary of Homeland Security shall hire, train, and as7 sign to duty, 631 U.S. Customs and Border Protection 

8 agricultural specialists to ports of entry along the southern 

9 border and the northern border. 

10 (i) GAO REPORT.—If the staffing levels required 

11 under this section are not achieved by September 30, 

12 2021, the Comptroller General of the United States shall 

13 conduct a review of the reasons why such levels were not 

14 achieved. 

15 SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION HIRING 

16 AND RETENTION INCENTIVES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) COVERED AREA.—The term ‘‘covered area’’ 

19 means a geographic area that the Secretary of 

20 Homeland Security determines is in a remote loca21 tion or is an area for which it is difficult to find full22 time permanent covered CBP employees, as com23 pared to other ports of entry or Border Patrol sec24 tors. 


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1 (2) COVERED CBP EMPLOYEE.—The term ‘‘cov2 ered CBP employee’’ means an employee of U.S. 

3 Customs and Border Protection performing activities 

4 that are critical to border security or customs en5 forcement, as determined by the Commissioner. 

6 (3) RATE OF BASIC PAY.—The term ‘‘rate of 

7 basic pay’’— 

8 (A) means the rate of pay fixed by law or 

9 administrative action for the position to which 

10 an employee is appointed before deductions and 

11 including any special rate under subpart C of 

12 part 530 of title 5, Code of Federal Regula13 tions, or a similar payment under other legal 

14 authority, and any locality-based comparability 

15 payment under subpart F of part 531 of such 

16 title, or a similar payment under other legal au17 thority, but excluding additional pay of any 

18 other kind; and 

19 (B) does not include additional pay, such 

20 as night shift differentials under section 

21 5343(f) of title 5, United States Code, or envi22 ronmental differentials under section 

23 5343(c)(4) of such title. 

24 (4) SPECIAL RATE OF PAY.—The term ‘‘special 

25 rate of pay’’ means a higher than normal rate of pay 


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1 that exceeds the otherwise applicable rate of basic 

2 pay for a similar covered CBP employee at a land 

3 port of entry. 

4 (b) HIRING INCENTIVES.— 

5 (1) IN GENERAL.—In addition to the retention 

6 incentives that are authorized under subsection (c), 

7 and to the extent necessary for U.S. Customs and 

8 Border Protection to hire, train, and deploy qualified 

9 officers and employees and to meet the requirements 

10 under section 131, the Commissioner, with the ap11 proval of the Secretary of Homeland Security, may 

12 pay a hiring bonus of $10,000 to a covered CBP 

13 employee, after the covered CBP completes initial 

14 basic training and executes a written agreement re15 quired under subparagraph (2). 

16 (2) WRITTEN AGREEMENT.—The payment of a 

17 hiring bonus to a covered CBP employee under 

18 paragraph (1) is contingent upon the covered CBP 

19 employee entering into a written agreement with 

20 U.S. Customs and Border Protection to complete 

21 more than two years of employment with U.S. Cus22 toms and Border Protection beginning on the date 

23 on which the agreement is signed. Such agreement 

24 shall include— 

25 (A) the amount of the hiring bonus; 


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1 (B) the conditions under which the agree2 ment may be terminated before the required pe3 riod of service is completed and the effect of 

4 such termination; 

5 (C) the length of the required service pe6 riod; and 

7 (D) any other terms and conditions under 

8 which the hiring bonus is payable, subject to 

9 the requirements under this section. 

10 (3) FORM OF PAYMENT.—A signing bonus paid 

11 to a covered CBP employee under paragraph (1) 

12 shall be paid in a single payment after the covered 

13 CBP employee completes initial basic training and 

14 enters on duty and executes the agreement under 

15 paragraph (2). 

16 (4) EXCLUSION OF SIGNING BONUS FROM RATE

17 OF PAY.—A signing bonus paid to a covered CBP 

18 employee under paragraph (1) shall not be consid19 ered part of the rate of basic pay of the covered 

20 CBP employee for any purpose. 

21 (5) EFFECTIVE DATE AND SUNSET.—This sub22 section shall take effect on the date of the enactment 

23 of this Act and shall remain in effect until the ear24 lier of— 

25 (A) September 30, 2019; or 


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1 (B) the date on which U.S. Customs and 

2 Border Protection has 26,370 full-time equiva3 lent agents. 

4 (c) RETENTION INCENTIVES.— 

5 (1) IN GENERAL.—To the extent necessary for 

6 U.S. Customs and Border Protection to retain quali7 fied employees, and to the extent necessary to meet 

8 the requirements set forth in section 131, the Com9 missioner, with the approval of the Secretary of 

10 Homeland Security, may pay a retention incentive to 

11 a covered CBP employee who has been employed 

12 with U.S. Customs and Border Protection for a pe13 riod of longer than two consecutive years, and the 

14 Commissioner determines that, in the absence of the 

15 retention incentive, the covered CBP employee would 

16 likely— 

17 (A) leave the Federal service; or 

18 (B) transfer to, or be hired into, a dif19 ferent position within the Department of Home20 land Security (other than another position in 

21 CBP). 

22 (2) WRITTEN AGREEMENT.—The payment of a 

23 retention incentive to a covered CBP employee under 

24 paragraph (1) is contingent upon the covered CBP 

25 employee entering into a written agreement with 


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1 U.S. Customs and Border Protection to complete 

2 more than two years of employment with U.S. Cus3 toms and Border Protection beginning on the date 

4 on which the CBP employee enters on duty and the 

5 agreement is signed. Such agreement shall include— 

6 (A) the amount of the retention incentive; 

7 (B) the conditions under which the agree8 ment may be terminated before the required pe9 riod of service is completed and the effect of 

10 such termination; 

11 (C) the length of the required service pe12 riod; and 

13 (D) any other terms and conditions under 

14 which the retention incentive is payable, subject 

15 to the requirements under this section. 

16 (3) CRITERIA.—When determining the amount 

17 of a retention incentive paid to a covered CBP em18 ployee under paragraph (1), the Commissioner shall 

19 consider— 

20 (A) the length of the Federal service and 

21 experience of the covered CBP employee; 

22 (B) the salaries for law enforcement offi23 cers in other Federal agencies; and 


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1 (C) the costs of replacing the covered CBP 

2 employee, including the costs of training a new 

3 employee. 

4 (4) AMOUNT OF RETENTION INCENTIVE.—A re5 tention incentive paid to a covered CBP employee 

6 under paragraph (1)— 

7 (A) shall be approved by the Secretary of 

8 Homeland Security and the Commissioner; 

9 (B) shall be stated as a percentage of the 

10 employee’s rate of basic pay for the service pe11 riod associated with the incentive; and 

12 (C) may not exceed $25,000 for each year 

13 of the written agreement. 

14 (5) FORM OF PAYMENT.—A retention incentive 

15 paid to a covered CBP employee under paragraph 

16 (1) shall be paid as a single payment at the end of 

17 the fiscal year in which the covered CBP employee 

18 entered into an agreement under paragraph (2), or 

19 in equal installments during the life of the service 

20 agreement, as determined by the Commissioner. 

21 (6) EXCLUSION OF RETENTION INCENTIVE

22 FROM RATE OF PAY.—A retention incentive paid to 

23 a covered CBP employee under paragraph (1) shall 

24 not be considered part of the rate of basic pay of the 

25 covered CBP employee for any purpose. 


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1 (d) PILOT PROGRAM ON SPECIAL RATES OF PAY IN

2 COVERED AREAS.— 

3 (1) IN GENERAL.—The Commissioner may es4 tablish a pilot program to assess the feasibility and 

5 advisability of using special rates of pay for covered 

6 CBP employees in covered areas, as designated on 

7 the date of the enactment of this Act, to help meet 

8 the requirements set forth in section 131. 

9 (2) MAXIMUM AMOUNT.—The rate of basic pay 

10 of a covered CBP employee paid a special rate of 

11 pay under the pilot program may not exceed 125 

12 percent of the otherwise applicable rate of basic pay 

13 of the covered CBP employee. 

14 (3) TERMINATION.— 

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

16 subparagraph (B), the pilot program shall ter17 minate on the date that is two years after the 

18 date of the enactment of this Act. 

19 (B) EXTENSION.—If the Secretary of 

20 Homeland Security determines that the pilot 

21 program is performing satisfactorily and there 

22 are metrics that prove its success in meeting 

23 the requirements set forth in section 131, the 

24 Secretary may extend the pilot program until 


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1 the date that is four years after the date of the 

2 enactment of this Act. 

3 (4) REPORT TO CONGRESS.—Shortly after the 

4 pilot program terminates under paragraph (3), the 

5 Commissioner shall submit a report to the Com6 mittee on Homeland Security and Governmental Af7 fairs of the Senate, the Committee on the Judiciary 

8 of the Senate, the Committee on Homeland Security 

9 of the House of Representatives, and the Committee 

10 on the Judiciary of the House of Representatives 

11 that details— 

12 (A) the total amount paid to covered CBP 

13 employees under the pilot program; and 

14 (B) the covered areas in which the pilot 

15 program was implemented. 

16 (e) SALARIES.— 

17 (1) IN GENERAL.—Section 101(b) of the En18 hanced Border Security and Visa Entry Reform Act 

19 of 2002 (8 U.S.C. 1711(b)) is amended to read as 

20 follows: 

21 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR CBP 

22 EMPLOYEES.—There are authorized to be appropriated to 

23 U.S. Customs and Border Protection such sums as may 

24 be necessary to increase, effective January 1, 2018, the 

25 annual rate of basic pay for U.S. Customs and Border 


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1 Protection employees who have completed at least one year 

2 of service— 

3 ‘‘(1) to the annual rate of basic pay payable for 

4 positions at GS–12, step 1 of the General Schedule 

5 under subchapter III of chapter 53 of title 5, United 

6 States Code, for officers and agents who are receiv7 ing the annual rate of basic pay payable for a posi8 tion at GS–5, GS–6, GS–7, GS–8, or GS–9 of the 

9 General Schedule; 

10 ‘‘(2) to the annual rate of basic pay payable for 

11 positions at GS–12, step 10 of the General Schedule 

12 under such subchapter for supervisory CBP officers 

13 and supervisory Border Patrol agents who are re14 ceiving the annual rate of pay payable for a position 

15 at GS–10 of the General Schedule; and 

16 ‘‘(3) to the annual rate of basic pay payable for 

17 positions at GS–13, step 1 of the General Schedule 

18 under such subchapter for supervisory CBP officers 

19 and supervisory Border Patrol agents who are re20 ceiving the annual rate of pay payable for a position 

21 at GS–11 of the General Schedule; 

22 ‘‘(4) to the annual rate of basic pay payable for 

23 positions at GS–14, step 1 of the General Schedule 

24 under such subchapter for supervisory CBP officers 

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1 ceiving the annual rate of pay payable for a position 

2 at GS–12 or GS–13 of the General Schedule; and 

3 ‘‘(5) to the annual rate of basic pay payable for 

4 positions at GS–8, GS–9, or GS–10 of the General 

5 Schedule for assistants who are receiving an annual 

6 rate of pay payable for positions at GS–5, GS–6, or 

7 GS–7 of the General Schedule, respectively.’’. 

8 (2) HARDSHIP DUTY PAY.—In addition to com9 pensation to which Border Patrol agents are other10 wise entitled, Border Patrol agents who are assigned 

11 to rural areas shall be entitled to receive hardship 

12 duty pay, in lieu of a retention incentive bonus 

13 under subsection (b), in an amount determined by 

14 the Commissioner, which may not exceed the rate of 

15 special pay to which members of a uniformed service 

16 are entitled under section 310 of title 37, United 

17 States Code. 

18 (3) OVERTIME LIMITATION.—Section 5(c)(1) of 

19 the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 

20 is amended by striking ‘‘$25,000’’ and inserting 

21 ‘‘$45,000’’. 

22 SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION 

23 ACT. 

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

25 ‘‘Anti-Border Corruption Reauthorization Act of 2017’’. 


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1 (b) HIRING FLEXIBILITY.—Section 3 of the Anti2 Border Corruption Act of 2010 (6 U.S.C. 221) is amended 

3 by striking subsection (b) and inserting the following: 

4 ‘‘(b) WAIVER AUTHORITY.—The Commissioner of 

5 U.S. Customs and Border Protection may waive the appli6 cation of subsection (a)(1)— 

7 ‘‘(1) to a current, full-time law enforcement of8 ficer employed by a State or local law enforcement 

9 agency who— 

10 ‘‘(A) has continuously served as a law en11 forcement officer for not fewer than three 

12 years; 

13 ‘‘(B) is authorized by law to engage in or 

14 supervise the prevention, detection, investiga15 tion, or prosecution of, or the incarceration of 

16 any person for, any violation of law, and has 

17 statutory powers for arrest or apprehension; 

18 ‘‘(C) is not currently under investigation, 

19 has not been found to have engaged in criminal 

20 activity or serious misconduct, has not resigned 

21 from a law enforcement officer position under 

22 investigation or in lieu of termination, and has 

23 not been dismissed from a law enforcement offi24 cer position; and 


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1 ‘‘(D) has, within the past ten years, suc2 cessfully completed a polygraph examination as 

3 a condition of employment with such officer’s 

4 current law enforcement agency; 

5 ‘‘(2) to a current, full-time Federal law enforce6 ment officer who— 

7 ‘‘(A) has continuously served as a law en8 forcement officer for not fewer than three 

9 years; 

10 ‘‘(B) is authorized to make arrests, con11 duct investigations, conduct searches, make sei12 zures, carry firearms, and serve orders, war13 rants, and other processes; 

14 ‘‘(C) is not currently under investigation, 

15 has not been found to have engaged in criminal 

16 activity or serious misconduct, has not resigned 

17 from a law enforcement officer position under 

18 investigation or in lieu of termination, and has 

19 not been dismissed from a law enforcement offi20 cer position; and 

21 ‘‘(D) holds a current Tier 4 background 

22 investigation or current Tier 5 background in23 vestigation; and 


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1 ‘‘(3) to a member of the Armed Forces (or a re2 serve component thereof) or a veteran, if such indi3 vidual— 

4 ‘‘(A) has served in the Armed Forces for 

5 not fewer than three years; 

6 ‘‘(B) holds, or has held within the past five 

7 years, a Secret, Top Secret, or Top Secret/Sen8 sitive Compartmented Information clearance; 

9 ‘‘(C) holds, or has undergone within the 

10 past five years, a current Tier 4 background in11 vestigation or current Tier 5 background inves12 tigation; 

13 ‘‘(D) received, or is eligible to receive, an 

14 honorable discharge from service in the Armed 

15 Forces and has not engaged in criminal activity 

16 or committed a serious military or civil offense 

17 under the Uniform Code of Military Justice; 

18 and 

19 ‘‘(E) was not granted any waivers to ob20 tain the clearance referred to subparagraph 

21 (B). 

22 ‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 

23 authority to issue a waiver under subsection (b) shall ter24 minate on the date that is four years after the date of 


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1 the enactment of the Anti-Border Corruption Reauthoriza2 tion Act of 2017.’’. 

3 (c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND

4 DEFINITIONS.— 

5 (1) SUPPLEMENTAL COMMISSIONER AUTHOR6 ITY.—Section 4 of the Anti-Border Corruption Act 

7 of 2010 (Public Law 111–376) is amended to read 

8 as follows: 

9 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

10 ‘‘(a) NONEXEMPTION.—An individual who receives a 

11 waiver under section 3(b) is not exempt from other hiring 

12 requirements relating to suitability for employment and 

13 eligibility to hold a national security designated position, 

14 as determined by the Commissioner of U.S. Customs and 

15 Border Protection. 

16 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi17 vidual who receives a waiver under section 3(b) who holds 

18 a current Tier 4 background investigation shall be subject 

19 to a Tier 5 background investigation. 

20 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA21 TION.—The Commissioner of U.S. Customs and Border 

22 Protection is authorized to administer a polygraph exam23 ination to an applicant or employee who is eligible for or 

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1 tion that results in a determination that a polygraph ex2 amination is necessary to make a final determination re3 garding suitability for employment or continued employ4 ment, as the case may be.’’. 

5 (2) REPORT.—The Anti-Border Corruption Act 

6 of 2010, as amended by paragraph (1), is further 

7 amended by adding at the end the following new sec8 tion: 

9 ‘‘SEC. 5. REPORTING. 

10 ‘‘(a) ANNUAL REPORT.—Not later than one year 

11 after the date of the enactment of the Anti-Border Cor12 ruption Re-authorization Act of 2017, and annually there13 after while the waiver authority under section 3(b) is in 

14 effect, the Commissioner of U.S. Customs and Border 

15 Protection shall submit to Congress a report that includes, 

16 with respect to the reporting period— 

17 ‘‘(1) the number of waivers requested, granted, 

18 and denied under section 3(b); 

19 ‘‘(2) the reasons for any denials of such waiver; 

20 ‘‘(3) the percentage of applicants who were 

21 hired after receiving a waiver; 

22 ‘‘(4) the number of instances that a polygraph 

23 was administered to an applicant who initially re24 ceived a waiver and the results of such polygraph; 


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1 ‘‘(5) an assessment of the current impact of the 

2 polygraph waiver program on filling law enforcement 

3 positions at U.S. Customs and Border Protection; 

4 and 

5 ‘‘(6) additional authorities needed by U.S. Cus6 toms and Border Protection to better utilize the 

7 polygraph waiver program for its intended goals. 

8 ‘‘(b) ADDITIONAL INFORMATION.—The first report 

9 submitted under subsection (a) shall include— 

10 ‘‘(1) an analysis of other methods of employ11 ment suitability tests that detect deception and could 

12 be used in conjunction with traditional background 

13 investigations to evaluate potential employees for 

14 suitability; and 

15 ‘‘(2) a recommendation regarding whether a 

16 test referred to in paragraph (1) should be adopted 

17 by U.S. Customs and Border Protection when the 

18 polygraph examination requirement is waived pursu19 ant to section 3(b).’’. 

20 (3) DEFINITIONS.—The Anti-Border Corrup21 tion Act of 2010, as amended by paragraphs (1) and 

22 (2), is further amended by adding at the end the fol23 lowing new section: 

24 ‘‘SEC. 6. DEFINITIONS. 

25 ‘‘In this Act: 


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1 ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 

2 The term ‘Federal law enforcement officer’ has the 

3 meaning given the term ‘law enforcement officer’ in 

4 sections 8331(20) and 8401(17) of title 5, United 

5 States Code. 

6 ‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 

7 The term ‘serious military or civil offense’ means an 

8 offense for which— 

9 ‘‘(A) a member of the Armed Forces may 

10 be discharged or separated from service in the 

11 Armed Forces; and 

12 ‘‘(B) a punitive discharge is, or would be, 

13 authorized for the same or a closely related of14 fense under the Manual for Court-Martial, as 

15 pursuant to Army Regulation 635-200 chapter 

16 14-12. 

17 ‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 

18 ‘Tier 5’ with respect to background investigations 

19 have the meaning given such terms under the 2012 

20 Federal Investigative Standards. 

21 ‘‘(4) VETERAN.—The term ‘veteran’ has the 

22 meaning given such term in section 101(2) of title 

23 38, United States Code.’’. 

24 (d) POLYGRAPH EXAMINERS.—Not later than Sep25 tember 30, 2021, the Secretary of Homeland Security 


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1 shall increase to not fewer than 150 the number of trained 

2 full-time equivalent polygraph examiners for administering 

3 polygraph examinations under the Anti-Border Corruption 

4 Act of 2010, as amended by this section. 

5 SEC. 134. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS 

6 ENFORCEMENT PERSONNEL. 

7 (a) ENFORCEMENT AND REMOVAL OFFICERS.—Not 

8 later than September 30, 2021, the Director of U.S. Im9 migration and Customs Enforcement shall increase the 

10 number of trained, full-time, active duty U.S. Immigration 

11 and Customs Enforcement Enforcement and Removal Op12 erations law enforcement officers performing interior im13 migration enforcement functions to not fewer than 8,500. 

14 (b) HOMELAND SECURITY INVESTIGATIONS SPECIAL

15 AGENTS.—Not later than September 30, 2021, the Direc16 tor of U.S. Immigration and Customs Enforcement shall 

17 increase the number of trained, full-time, active duty 

18 Homeland Security Investigations special agents by not 

19 fewer than 1,500. 

20 (c) BORDER ENFORCEMENT SECURITY TASK

21 FORCE.—Not later than September 30, 2021, the Direc22 tor of U.S. Immigration and Customs Enforcement shall 

23 assign not fewer than 100 Homeland Security Investiga24 tions special agents to the Border Enforcement Security 


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1 Task Force Program established under section 432 of the 

2 Homeland Security Act of 2002 (6 U.S.C. 240). 

3 SEC. 135. OTHER IMMIGRATION AND LAW ENFORCEMENT 

4 PERSONNEL. 

5 (a) DEPARTMENT OF JUSTICE.— 

6 (1) UNITED STATES ATTORNEYS.—Not later 

7 than September 30, 2021, in addition to positions 

8 authorized before the date of the enactment of this 

9 Act and any existing attorney vacancies within the 

10 Department of Justice on such date of enactment, 

11 the Attorney General shall— 

12 (A) increase by not fewer than 100 the 

13 number of Assistant United States Attorneys, 

14 and 

15 (B) increase by not fewer than 50 the 

16 number of Special Assistant United States At17 torneys in the United States Attorneys’ office to 

18 litigate denaturalization and other immigration 

19 cases in the Federal courts. 

20 (2) IMMIGRATION JUDGES.— 

21 (A) ADDITIONAL IMMIGRATION JUDGES.— 

22 Not later than September 30, 2021, in addition 

23 to positions authorized before the date of the 

24 enactment of this Act and any existing vacan25 cies within the Department of Justice on such 


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1 date of enactment, and subject to the avail2 ability of appropriations, the Attorney General 

3 shall increase by 200 the number of trained 

4 full-time immigration judges. 

5 (B) FACILITIES AND SUPPORT PER6 SONNEL.—The Attorney General is authorized 

7 to procure space, temporary facilities, and sup8 port staff, on an expedited basis, to accommo9 date the additional immigration judges author10 ized under this subparagraph. 

11 (3) BOARD OF IMMIGRATION APPEALS.— 

12 (A) BOARD MEMBERS.—Not later than 

13 September 30, 2021, the Attorney General shall 

14 increase the number of Board Members author15 ized to serve on the Board of Immigration Ap16 peals to 25. 

17 (B) STAFF ATTORNEYS.—Not later than 

18 September 30, 2021, in addition to positions 

19 authorized before the date of the enactment of 

20 this Act and any existing staff attorney vacan21 cies within the Department of Justice on the 

22 date of enactment, and subject to the avail23 ability of appropriations, the Attorney General 

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1 signed to support the Board of Immigration 

2 Appeals by not fewer than 50. 

3 (C) FACILITIES AND SUPPORT PER4 SONNEL.—The Attorney General is authorized 

5 to procure space, temporary facilities, and re6 quired administrative support staff, on an expe7 dited basis, to accommodate the additional 

8 Board Members authorized under this subpara9 graph. 

10 (4) OFFICE OF IMMIGRATION LITIGATION.—Not 

11 later than September 30, 2021, in addition to posi12 tions authorized before the date of the enactment of 

13 this Act and any existing vacancies within the De14 partment of Justice, and subject to the availability 

15 of appropriations, the Attorney General shall in16 crease by not fewer than 100 the number of attor17 neys for the Office of Immigration Litigation. 

18 (b) DEPARTMENT OF HOMELAND SECURITY.— 

19 (1) FRAUD DETECTION AND NATIONAL SECU20 RITY OFFICERS.—Not later than September 30, 

21 2021, in addition to positions authorized before the 

22 date of the enactment of this Act and any existing 

23 officer vacancies within the Department of Home24 land Security, and subject to the availability of ap25 propriations, the Director of U.S. Citizenship and 


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1 Immigration Services shall increase by not fewer 

2 than 100 the number of trained full-time active duty 

3 Fraud Detection and National Security (FDNS) of4 ficers. 

5 (2) ICE HOMELAND SECURITY INVESTIGATIONS

6 FORENSIC DOCUMENT LABORATORY PERSONNEL.— 

7 Not later than September 30, 2021, in addition to 

8 positions authorized before the date of the enact9 ment of this Act and any existing officer vacancies 

10 within the Department of Homeland Security, the 

11 Director of U.S. Immigration and Customs Enforce12 ment shall increase the number of trained full-time 

13 Forensic Document Laboratory Examiners by 15, 

14 Fingerprint Specialists by 15, Intelligence Officers 

15 by 10, and Administrative Staff by 3. 

16 (3) IMMIGRATION ATTORNEYS.— 

17 (A) ICE TRIAL ATTORNEYS.—Not later 

18 than September 30, 2021, in addition to posi19 tions authorized before the date of the enact20 ment of this Act and any existing attorney va21 cancies within the Department of Homeland Se22 curity on such date of enactment, the Director 

23 of U.S. Immigration and Customs Enforcement 

24 shall increase the number of trained, full-time, 

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1 torneys by not fewer than 1,200. Such attor2 neys shall primarily perform duties related to 

3 litigation of removal proceedings and rep4 resenting the Department of Homeland Secu5 rity in immigration matters before the immigra6 tion courts within the Department of Justice, 

7 the Executive Office for Immigration Review, 

8 and enforcement of U.S. customs and trade 

9 laws. At least 50 of these additional attorney 

10 positions shall be by the Attorney General to in11 crease the number of U.S. Immigration and 

12 Customs Enforcement attorneys serving as Spe13 cial Assistant U.S. Attorneys, on detail to the 

14 Department of Justice, Offices of the U.S. At15 torneys, to assist with immigration-related liti16 gation. 

17 (B) USCIS IMMIGRATION ATTORNEYS.— 

18 Not later than September 30, 2021, in addition 

19 to positions authorized before the date of the 

20 enactment of this Act and any existing attorney 

21 vacancies within the Department of Homeland 

22 Security on such date of enactment, the Direc23 tor of U.S. Citizenship and Immigration Serv24 ices shall increase the number of trained, full25 time, active duty Office of Chief Counsel attorVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 neys by not fewer than 250. Such attorneys 

2 shall primarily handle national security and 

3 public safety cases, denaturalization cases, and 

4 legal sufficiency reviews of immigration benefit 

5 decisions. At least 50 of these additional attor6 ney positions shall be used by the Attorney 

7 General to increase the number of U.S. Citizen8 ship and Immigration Service attorneys serving 

9 as Special Assistant U.S. Attorneys, on detail 

10 to the Department of Justice, Offices of the 

11 U.S. Attorneys, to assist with immigration-re12 lated litigation. 

13 (C) FACILITIES AND SUPPORT PER14 SONNEL.—The Attorney General and Secretary 

15 of Homeland Security are authorized to procure 

16 space, temporary facilities, and to hire the re17 quired administrative and legal support staff, 

18 on an expedited basis, to accommodate the ad19 ditional positions authorized under this para20 graph. 

21 PART II—JUDICIAL RESOURCES 

22 SEC. 141. JUDICIAL RESOURCES FOR BORDER SECURITY. 

23 (a) BORDER CROSSING PROSECUTIONS (CRIMINAL

24 CONSEQUENCE INITIATIVE).— 


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1 (1) IN GENERAL.—Amounts appropriated pur2 suant to paragraph (3) shall be used— 

3 (A) to increase the number of criminal 

4 prosecutions for unlawful border crossing in 

5 each and every sector of the southern border by 

6 not less than 80 percent per day, as compared 

7 to the average number of such prosecutions per 

8 day during the 12-month period preceding the 

9 date of the enactment of this Act, by increasing 

10 funding for— 

11 (i) attorneys and administrative sup12 port staff in offices of United States attor13 neys; 

14 (ii) support staff and interpreters in 

15 court clerks’ offices; 

16 (iii) pre-trial services; 

17 (iv) activities of the Office of the Fed18 eral Public Defender, including payments 

19 to retain appointed counsel under section 

20 3006A of title 18, United States Code; and 

21 (v) additional personnel, including 

22 deputy United States marshals in the 

23 United States Marshals Service, to perform 

24 intake, coordination, transportation, and 

25 court security; and 


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1 (B) to reimburse Federal, State, local, and 

2 tribal law enforcement agencies for any deten3 tion costs related to the increased border cross4 ing prosecutions carried out pursuant to sub5 paragraph (A). 

6 (2) ADDITIONAL MAGISTRATE JUDGES TO AS7 SIST WITH INCREASED CASELOAD.—The chief judge 

8 of each judicial district located within a sector of the 

9 southern border is authorized to appoint additional 

10 full-time magistrate judges, who, consistent with the 

11 Constitution and laws of the United States, shall 

12 have the authority to hear cases and controversies in 

13 the judicial district in which the magistrate judges 

14 are appointed. 

15 (3) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated for each of 

17 the fiscal years 2018 through 2021 such sums as 

18 may be necessary to carry out this subsection. 

19 (b) ADDITIONAL PERMANENT DISTRICT COURT

20 JUDGESHIPS IN SOUTHERN BORDER STATES.— 

21 (1) IN GENERAL.—The President shall appoint, 

22 by and with the advice and consent of the Senate— 

23 (A) 4 additional district judges for the Dis24 trict of Arizona; 


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1 (B) 2 additional district judges for the 

2 Southern District of California; 

3 (C) 4 additional district judges for the 

4 Western District of Texas; and 

5 (D) 2 additional district judges for the 

6 Southern District of Texas. 

7 (2) CONVERSIONS OF TEMPORARY DISTRICT

8 COURT JUDGESHIPS.—The judgeships for the Dis9 trict of Arizona and the Central District of Cali10 fornia authorized under section 312(c) of the 21st 

11 Century Department of Justice Appropriations Au12 thorization Act (28 U.S.C. 133 note), in existence on 

13 the day before the date of the enactment of this Act, 

14 shall be authorized under section 133 of title 28, 

15 United States Code, and the individuals holding 

16 such judgeships on such day shall hold office under 

17 section 133 of title 28, United States Code, as 

18 amended by paragraph (3). 

19 (3) TECHNICAL AND CONFORMING AMEND20 MENTS.—The table contained in section 133(a) of 

21 title 28, United States Code, is amended— 

22 (A) by striking the item relating to the dis23 trict of Arizona and inserting the following: 

‘‘Arizona ................................................................. 17’’; 


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1 (B) by striking the items relating to Cali2 fornia and inserting the following : 

‘‘California: 

Northern ................................................................. 19 

Eastern ................................................................... 12 

Central .................................................................... 28 

Southern ................................................................. 15’’; and 

3 (C) by striking the items relating to Texas 

4 and inserting the following : 

‘‘Texas: 

Northern ................................................................. 12 

Southern ................................................................. 21 

Eastern ................................................................... 7 

Western .................................................................. 17’’. 

5 (c) INCREASE IN FILING FEES.— 

6 (1) IN GENERAL.—Section 1914(a) of title 28, 

7 United States Code, is amended— 

8 (A) by striking ‘‘$350’’ and inserting 

9 ‘‘$375’’; and 

10 (B) by striking ‘‘$5’’ and inserting ‘‘$7’’. 

11 (2) EXPENDITURE LIMITATION.—Incremental 

12 amounts collected pursuant to the amendments 

13 made by paragraph (1) shall be deposited as offset14 ting receipts in the special fund of the Treasury es15 tablished under section 1931 of title 28, United 

16 States Code. Such amounts shall be available solely 

17 for the purpose of facilitating the processing of civil 

18 cases, but only to the extent specifically appro19 priated by an Act of Congress enacted after the date 

20 of the enactment of this Act. 


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1 (d) WHISTLEBLOWER PROTECTION.— 

2 (1) IN GENERAL.—No officer, employee, agent, 

3 contractor, or subcontractor of the judicial branch 

4 may discharge, demote, threaten, suspend, harass, or 

5 in any other manner discriminate against an em6 ployee in the terms and conditions of employment 

7 because of any lawful act done by the employee to 

8 provide information, cause information to be pro9 vided, or otherwise assist in an investigation regard10 ing any possible violation of Federal law or regula11 tion, or misconduct, by a judge, justice, or any other 

12 employee in the judicial branch, which may assist in 

13 the investigation of the possible violation or mis14 conduct. 

15 (2) CIVIL ACTION.—An employee injured by a 

16 violation of paragraph (1) may seek appropriate re17 lief in a civil action. 

18 SEC. 142. REIMBURSEMENT TO STATE AND LOCAL PROS19 ECUTORS FOR FEDERALLY INITIATED, IMMI20 GRATION-RELATED CRIMINAL CASES. 

21 (a) IN GENERAL.—The Attorney General shall reim22 burse State, county, tribal, and municipal governments for 

23 costs associated with the prosecution of federally initiated 

24 criminal cases declined to be prosecuted by local offices 

25 of the United States attorneys, including costs relating to 


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1 pre-trial services, detention, clerical support, and public 

2 defenders’ services associated to such prosecution. 

3 (b) EXCEPTION.—Reimbursement under subsection 

4 (a) shall not be available, at the discretion of the Attorney 

5 General, if the Attorney General determines that there is 

6 reason to believe that the jurisdiction seeking reimburse7 ment has engaged in unlawful conduct in connection with 

8 immigration-related apprehensions. 

9 Subtitle C—Grants 

10 SEC. 151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

11 Section 241(i) of the Immigration and Nationality 

12 Act (8 U.S.C. 1231(i)) is amended— 

13 (1) in paragraph (1)— 

14 (A) by inserting ‘‘AUTHORIZATION.—’’ be15 fore ‘‘If the chief’’; and 

16 (B) by inserting ‘‘or an alien with an un17 known status’’ after ‘‘undocumented criminal 

18 alien’’ each place that term appears; 

19 (2) by striking paragraphs (2) and (3) and in20 serting the following: 

21 ‘‘(2) COMPENSATION.— 

22 ‘‘(A) CALCULATION OF COMPENSATION.— 

23 Compensation under paragraph (1)(A) shall be 

24 the average cost of incarceration of a prisoner 


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1 in the relevant State, as determined by the At2 torney General. 

3 ‘‘(B) COMPENSATION OF STATE FOR IN4 CARCERATION.—The Attorney General shall 

5 compensate the State or political subdivision of 

6 the State, in accordance with subparagraph 

7 (A), for the incarceration of an alien— 

8 ‘‘(i) whose immigration status cannot 

9 be verified by the Secretary of Homeland 

10 Security; and 

11 ‘‘(ii) who would otherwise be an un12 documented criminal alien if the alien is 

13 unlawfully present in the United States. 

14 ‘‘(3) DEFINITIONS.—In this subsection: 

15 ‘‘(A) ALIEN WITH AN UNKNOWN STA16 TUS.—The term ‘alien with an unknown status’ 

17 means an individual— 

18 ‘‘(i) who has been incarcerated by a 

19 Federal, State, or local law enforcement 

20 entity; and 

21 ‘‘(ii) whose immigration status cannot 

22 be definitively identified. 

23 ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.— 

24 The term ‘undocumented criminal alien’ means 

25 an alien who— 


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1 ‘‘(i) has been charged with or con2 victed of a felony or any misdemeanors; 

3 and 

4 ‘‘(ii)(I) entered the United States 

5 without inspection or at any time or place 

6 other than as designated by the Secretary 

7 of Homeland Security; 

8 ‘‘(II) was the subject of exclusion or 

9 deportation or removal proceedings at the 

10 time he or she was taken into custody by 

11 the State or a political subdivision of the 

12 State; or 

13 ‘‘(III) was admitted as a non14 immigrant and, at the time he or she was 

15 taken into custody by the State or a polit16 ical subdivision of the State, has failed to 

17 maintain the nonimmigrant status in which 

18 the alien was admitted or to which it was 

19 changed under section 248, or to comply 

20 with the conditions of any such status.’’; 

21 (3) in paragraph (4), by inserting ‘‘and aliens 

22 with an unknown status’’ after ‘‘undocumented 

23 criminal aliens’’ each place that term appears; 

24 (4) in paragraph (5)(C), by striking ‘‘to carry 

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1 ing ‘‘$950,000,000 for each of the fiscal years 2018 

2 through 2021 to carry out this subsection.’’; and 

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

4 ‘‘(7) DISTRIBUTION OF REIMBURSEMENT.—Any 

5 funds provided to a State or a political subdivision 

6 of a State as compensation under paragraph (1)(A) 

7 for a fiscal year shall be distributed to such State 

8 or political subdivision not later than 120 days after 

9 the last day of the period specified by the Attorney 

10 General for the submission of requests under that 

11 paragraph for that fiscal year.’’. 

12 SEC. 152. OPERATION STONEGARDEN. 

13 (a) IN GENERAL.—Subtitle A of title XX of the 

14 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

15 is amended by adding at the end the following new section: 

16 ‘‘SEC. 2009. OPERATION STONEGARDEN. 

17 ‘‘(a) ESTABLISHMENT.—There is established in the 

18 Department a program, which shall be known as ‘Oper19 ation Stonegarden’, under which the Secretary, acting 

20 through the Administrator, shall make grants to eligible 

21 law enforcement agencies, through the State administra22 tive agency, to enhance border security in accordance with 

23 this section. 


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1 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re2 ceive a grant under this section, a law enforcement agen3 cy— 

4 ‘‘(1) shall be located in— 

5 ‘‘(A) a State bordering Canada or Mexico; 

6 or 

7 ‘‘(B) a State or territory with a maritime 

8 border; and 

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

10 U.S. Customs and Border Protection operation co11 ordinated through a sector office. 

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

13 under this section may use such grant for— 

14 ‘‘(1) equipment, including maintenance and 

15 sustainment costs; 

16 ‘‘(2) personnel, including overtime and backfill, 

17 in support of enhanced border law enforcement ac18 tivities; 

19 ‘‘(3) any activity permitted for Operation 

20 Stonegarden under the Department of Homeland 

21 Security’s Fiscal Year 2017 Homeland Security 

22 Grant Program Notice of Funding Opportunity; and 

23 ‘‘(4) any other appropriate activity, as deter24 mined by the Administrator, in consultation with the 


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1 Commissioner of U.S. Customs and Border Protec2 tion. 

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

4 shall award grants under this section to grant recipients 

5 for a period of not less than 36 months. 

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

7 through 2022, the Administrator shall submit to the Com8 mittee on Homeland Security and Governmental Affairs 

9 of the Senate and the Committee on Homeland Security 

10 of the House of Representatives a report that contains in11 formation on the expenditure of grants made under this 

12 section by each grant recipient. 

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

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

15 of the fiscal years 2018 through 2022 for grants under 

16 this section.’’. 

17 (b) CONFORMING AMENDMENT.—Section 2002(a) of 

18 the Homeland Security Act of 2002 (6 U.S.C. 603) is 

19 amended to read as follows: 

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

21 the Administrator, may award grants under sections 2003, 

22 2004, and 2009 to State, local, and tribal governments, 

23 as appropriate.’’. 

24 (c) CLERICAL AMENDMENT.—The table of contents 

25 in section 1(b) of the Homeland Security Act of 2002 is 


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1 amended by inserting after the item relating to section 

2 2008 the following new item: 

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

3 SEC. 153. GRANTS FOR IDENTIFICATION OF VICTIMS OF 

4 CROSS-BORDER HUMAN SMUGGLING. 

5 In addition to any funding for grants made available 

6 to the Attorney General for State and local law enforce7 ment assistance, the Attorney General shall award grants 

8 to county, municipal, or tribal governments in States 

9 along the southern border for costs, or reimbursement of 

10 costs, associated with the transportation and processing 

11 of unidentified alien remains that have been transferred 

12 to an official medical examiner’s office or an institution 

13 of higher education in the area with the capacity to ana14 lyze human remains using forensic best practices, includ15 ing DNA testing, where such expenses may contribute to 

16 the collection and analysis of information pertaining to 

17 missing and unidentified persons. 

18 SEC. 154. GRANT ACCOUNTABILITY. 

19 (a) DEFINITIONS.—In this section: 

20 (1) AWARDING ENTITY.—The term ‘‘awarding 

21 entity’’ means the Secretary, the Administrator of 

22 the Federal Emergency Management Agency, the 

23 Director of the National Science Foundation, or the 

24 Chief of the Office of Citizenship and New Ameri25 cans. 


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1 (2) NONPROFIT ORGANIZATION.—The term 

2 ‘‘nonprofit organization’’ means an organization that 

3 is described in section 501(c)(3) of the Internal Rev4 enue Code of 1986 and is exempt from taxation 

5 under section 501(a) of such Code. 

6 (3) UNRESOLVED AUDIT FINDING.—The term 

7 ‘‘unresolved audit finding’’ means a finding in a 

8 final audit report conducted by the Inspector Gen9 eral of the Department of Homeland Security, or the 

10 Inspector General for the National Science Founda11 tion for grants awarded by the Director of the Na12 tional Science Foundation, that the audited grantee 

13 has utilized grant funds for an unauthorized expend14 iture or otherwise unallowable cost that is not closed 

15 or resolved within one year after the date when the 

16 final audit report is issued. 

17 (b) ACCOUNTABILITY.—All grants awarded by an 

18 awarding entity pursuant to this subtitle shall be subject 

19 to the following accountability provisions: 

20 (1) AUDIT REQUIREMENT.— 

21 (A) AUDITS.—Beginning in the first fiscal 

22 year beginning after the date of the enactment 

23 of this Act, and in each fiscal year thereafter, 

24 the Inspector General of the Department of 

25 Homeland Security, or the Inspector General 


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1 for the National Science Foundation for grants 

2 awarded by the Director of the National 

3 Science Foundation, shall conduct audits of re4 cipients of grants under this subtitle or any 

5 amendments made by this subtitle to prevent 

6 waste, fraud, and abuse of funds by grantees. 

7 Such Inspectors General shall determine the ap8 propriate number of grantees to be audited 

9 each year. 

10 (B) MANDATORY EXCLUSION.—A recipient 

11 of grant funds under this subtitle that is found 

12 to have an unresolved audit finding shall not be 

13 eligible to receive grant funds under this sub14 title or any amendment made by this subtitle 

15 during the first two fiscal years beginning after 

16 the end of the one-year period described in sub17 section (A). 

18 (C) PRIORITY.—In awarding a grant under 

19 this subtitle or any amendment made by this 

20 subtitle, the awarding entity shall give priority 

21 to eligible applicants that did not have an unre22 solved audit finding during the three fiscal 

23 years immediately preceding the date on which 

24 the entity submitted the application for such 

25 grant. 


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1 (D) REIMBURSEMENT.—If an entity is 

2 awarded grant funds under this subtitle or any 

3 amendment made by this subtitle during the 

4 two-year period when the entity is barred from 

5 receiving grants under subparagraph (B), the 

6 awarding entity shall— 

7 (i) deposit an amount equal to the 

8 amount of the grant funds that were im9 properly awarded to such entity into the 

10 general fund of the Treasury; and 

11 (ii) seek to recover the costs of the re12 payment under clause (i) from such entity. 

13 (2) NONPROFIT ORGANIZATION REQUIRE14 MENTS.— 

15 (A) PROHIBITION.—An awarding entity 

16 may not award a grant under this subtitle or 

17 any amendment made by this subtitle to a non18 profit organization that holds money in offshore 

19 accounts for the purpose of avoiding the tax im20 posed under section 511(a) of the Internal Rev21 enue Code of 1986. 

22 (B) DISCLOSURE.—Each nonprofit organi23 zation that is awarded a grant under this sub24 title or any amendment made by this subtitle 

25 and uses the procedures prescribed by Internal 


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1 Revenue regulations to create a rebuttable pre2 sumption of reasonableness for the compensa3 tion of its officers, directors, trustees, and key 

4 employees, shall disclose to the awarding entity, 

5 in the application for the grant, the process for 

6 determining such compensation, including the 

7 independent persons involved in reviewing and 

8 approving such compensation, the comparability 

9 data used, and contemporaneous substantiation 

10 of the deliberation and decision. Upon request, 

11 the awarding entity shall make the information 

12 disclosed under this subparagraph available for 

13 public inspection. 

14 (3) CONFERENCE EXPENDITURES.— 

15 (A) LIMITATION.—Amounts authorized to 

16 be appropriated to the Department of Home17 land Security or the National Science Founda18 tion for grant programs under this subtitle or 

19 any amendment made by this subtitle may not 

20 be used by an awarding entity to host or sup21 port any expenditure for conferences that uses 

22 more than $20,000 in funds made available by 

23 the Department of Homeland Security or the 

24 National Science Foundation unless the Deputy 

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1 uty Director of the National Science Founda2 tion, or their designee, provides prior written 

3 authorization that the funds may be expended 

4 to host the conference. 

5 (B) WRITTEN APPROVAL.—Written ap6 proval under subparagraph (A) shall include a 

7 written estimate of all costs associated with the 

8 conference, including the cost of all food, bev9 erages, audio-visual equipment, honoraria for 

10 speakers, and entertainment. 

11 (C) REPORT.—The Deputy Secretary of 

12 Homeland Security and the Deputy Director of 

13 the National Science Foundation shall submit 

14 an annual report to Congress that identifies all 

15 conference expenditures approved under this 

16 paragraph. 

17 (4) ANNUAL CERTIFICATION.—Beginning in the 

18 first fiscal year beginning after the date of the en19 actment of this Act, each awarding entity shall sub20 mit a report to Congress that— 

21 (A) indicates whether— 

22 (i) all audits issued by the Offices of 

23 the Inspector General under paragraph (1) 

24 have been completed and reviewed by the 

25 appropriate individuals; 


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1 (ii) all mandatory exclusions required 

2 under paragraph (1)(B) have been issued; 

3 and 

4 (iii) all reimbursements required 

5 under paragraph (1)(D) have been made; 

6 and 

7 (B) includes a list of any grant recipients 

8 excluded under paragraph (1) during the pre9 vious year. 

10 Subtitle D—Authorization of 

11 Appropriations 

12 SEC. 161. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—In addition to amounts otherwise 

14 authorized to be appropriated, there are authorized to be 

15 appropriated for each of the fiscal years 2018 through 

16 2021, $2,500,000,000 to implement this title and the 

17 amendments made by this title, of which— 

18 (1) $10,000,000 shall be used by the Depart19 ment of Homeland Security to implement Vehicle 

20 and Dismount Exploitation Radars (VADER) in 

21 border security operations; 

22 (2) $3,000,000 shall be used by the Depart23 ment of Homeland Security to implement three di24 mensional, seismic acoustic detection and ranging 


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1 border tunneling detection technology on the south2 ern border; 

3 (3) $200,000,000 shall be used by the Depart4 ment of State to implement section 113; and 

5 (4) $30,000,000 shall be used for judicial re6 form, institution building, anti-corruption, and rule 

7 of law activities under the Merida Initiative. 

8 (b) HIGH INTENSITY DRUG TRAFFICKING AREA

9 PROGRAM.—Section 707(p)(5) of the Office of National 

10 Drug Control Policy Reauthorization Act of 1998 (21 

11 U.S.C. 1706(p)(5)) is amended by striking ‘‘to the Office 

12 of National Drug Control Policy’’ and all that follows and 

13 inserting ‘‘$280,000,000 to the Office of National Drug 

14 Control Policy for each of the fiscal years 2018 through 

15 2021 to carry out this section.’’. 

16 TITLE II—EMERGENCY PORT OF 

17 ENTRY PERSONNEL AND IN18 FRASTRUCTURE FUNDING 

19 SEC. 201. PORTS OF ENTRY INFRASTRUCTURE. 

20 (a) ADDITIONAL PORTS OF ENTRY.— 

21 (1) AUTHORITY.—The Secretary of Homeland 

22 Security may construct new ports of entry along the 

23 northern border and the southern border and deter24 mine the location of any such new ports of entry. 

25 (2) CONSULTATION.— 


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1 (A) REQUIREMENT TO CONSULT.—The 

2 Secretary of Homeland Security shall consult 

3 with the Secretary of State, the Secretary of 

4 the Interior, the Secretary of Agriculture, the 

5 Secretary of Transportation, the Administrator 

6 of General Services, and appropriate represent7 atives of State and local governments, and In8 dian tribes, and property owners in the United 

9 States prior to selecting a location for any new 

10 port constructed pursuant to paragraph (1). 

11 (B) CONSIDERATIONS.—The purpose of 

12 the consultations required by subparagraph (A) 

13 shall be to minimize any negative impacts of 

14 such a new port on the environment, culture, 

15 commerce, and quality of life of the commu16 nities and residents located near such new port. 

17 (b) EXPANSION AND MODERNIZATION OF HIGH-PRI18 ORITY BORDER PORTS OF ENTRY.—Not later than Sep19 tember 30, 2021, the Secretary of Homeland Security 

20 shall modernize the top 10 high-priority ports of entry. 

21 (c) PORT OF ENTRY PRIORITIZATION.—Prior to con22 structing any new ports of entry pursuant to subsection 

23 (a), the Secretary shall complete the expansion and mod24 ernization of ports of entry pursuant to subsection (b) to 

25 the extent practicable. 


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1 (d) NOTIFICATION.— 

2 (1) NEW PORTS OF ENTRY.—Not later than 15 

3 days after determining the location of any new port 

4 of entry for construction pursuant to subsection (a), 

5 the Secretary of Homeland Security shall submit a 

6 report containing the location of the new port of 

7 entry, a description of the need for and anticipated 

8 benefits of the new port of entry, a description of 

9 the consultations undertaken by the Secretary, any 

10 actions that will be taken to minimize negative im11 pacts of the new port, and the anticipated timeline 

12 for construction and completion of the new port of 

13 entry to— 

14 (A) the members of Congress that rep15 resent the State or congressional district in 

16 which the new port of entry will be located; 

17 (B) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 (C) the Committee on Finance of the Sen20 ate; 

21 (D) the Committee on the Judiciary of the 

22 Senate; 

23 (E) the Committee on Homeland Security 

24 of the House of Representatives; 


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1 (F) the Committee on Ways and Means of 

2 the House of Representatives; and 

3 (G) the Committee on the Judiciary of the 

4 House of Representatives. 

5 (2) TOP TEN HIGH-VOLUME PORTS.—Not later 

6 than 180 days after the date of the enactment of 

7 this Act, the Secretary of Homeland Security shall 

8 notify the congressional committees listed under 

9 paragraph (1) of— 

10 (A) the top 10 high-volume ports of entry 

11 on the southern border referred to in subsection 

12 (b); and 

13 (B) the Secretary’s plan for expanding the 

14 primary and secondary inspection lanes at each 

15 such port of entry. 

16 SEC. 202. SECURE COMMUNICATIONS. 

17 (a) IN GENERAL.—The Secretary shall ensure that 

18 each U.S. Customs and Border Protection and U.S. Immi19 gration and Customs Enforcement officer or agent, if ap20 propriate, is equipped with a secure two-way communica21 tion device, supported by system interoperability and LTE 

22 network capability, that allows each such officer to com23 municate— 

24 (1) between ports of entry and inspection sta25 tions; and 


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1 (2) with other Federal, State, tribal, and local 

2 law enforcement entities. 

3 (b) LAND BORDER AGENTS AND OFFICERS.—The 

4 Secretary shall ensure that each U.S. Customs and Border 

5 Protection agent or officer assigned or required to patrol 

6 on foot, by horseback, or with a canine unit, in remote 

7 mission critical locations, including but not limited to the 

8 Rio Grand Valley and Big Bend, and at border check9 points, has a multi-band, encrypted portable radio with 

10 military-grade high frequency capability to allow for be11 yond line-of-sight communications. 

12 SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM. 

13 (a) EXPANSION.—Not later than September 30, 

14 2021, the Secretary shall fully implement the Border Se15 curity Deployment Program of the U.S. Customs and Bor16 der Protection and expand the integrated surveillance and 

17 intrusion detection system at land ports of entry along the 

18 southern border and the northern border. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to amounts otherwise authorized to be appropriated, 

21 there are authorized to be appropriated $33,000,000 for 

22 fiscal year 2018 to carry out subsection (a). 


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1 SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READ2 ERS AT PORTS OF ENTRY. 

3 (a) UPGRADE.—Not later than one year after the 

4 date of the enactment of this Act, the Commissioner of 

5 U.S. Customs and Border Protection shall upgrade all ex6 isting license plate readers on the northern border and the 

7 southern borders on incoming and outgoing vehicle lanes. 

8 (b) PILOT PROGRAM.—Not later than 90 days after 

9 the date of the enactment of this Act, the Commissioner 

10 of U.S. Customs and Border Protection shall conduct a 

11 one-month pilot on the southern border using license plate 

12 readers for one to two cargo lanes at the top three high13 volume land ports of entry or checkpoints to determine 

14 their effectiveness in reducing cross-border wait times for 

15 commercial traffic and tractor-trailers. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of enactment of this Act, the Secretary shall— 

18 (1) report to the Committee on Homeland Se19 curity and Governmental Affairs of the Senate, the 

20 Committee on the Judiciary of the Senate, the Com21 mittee on Finance of the Senate, the Committee on 

22 Homeland Security of the House of Representatives, 

23 the Committee on the Judiciary of the House of 

24 Representatives, and the Committee on Ways and 

25 Means of the House of Representatives on the re26 sults of the pilot program under subsection (b); and 


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1 (2) make recommendations to such committees 

2 for implementing such technology on the southern 

3 border. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi5 tion to amounts otherwise authorized to be appropriated, 

6 there are authorized to be appropriated $125,000,000 for 

7 fiscal year 2018 to carry out this section. 

8 SEC. 205. BIOMETRIC TECHNOLOGY. 

9 (a) BIOMETRIC STORAGE.—The Secretary shall cre10 ate a system or upgrade an existing system (if a Depart11 ment of Homeland Security system already has capability 

12 and capacity for storage) to allow for storage of iris scans 

13 and voice prints of aliens that can be used by the Depart14 ment of Homeland Security, other Federal agencies, and 

15 State and local law enforcement for identification, remote 

16 authentication, and verification of aliens. The Secretary 

17 shall ensure, to the extent possible, that the system for 

18 storage of iris scans and voice prints is compatible with 

19 existing State and local law enforcement systems that are 

20 used for collection and storage of iris scans or voice prints 

21 for criminal aliens. 

22 (b) PILOT PROGRAM.—Not later than 120 days after 

23 the date of enactment of this Act, U.S. Immigration and 

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1 tion and use of iris scans and voice prints for identifica2 tion, remote authentication, and verification of aliens who 

3 are in removal proceedings, detained, or are seeking an 

4 immigration benefit. 

5 (c) REPORT.—Not later than one year after the date 

6 of enactment of this Act, the Secretary shall report the 

7 results of the pilot and make recommendations for imple8 menting use of such technology to the Committee on 

9 Homeland Security and Governmental Affairs and the 

10 Committee on the Judiciary of the Senate and the Com11 mittee on Homeland Security and Committee on the Judi12 ciary of the House of Representatives. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to amounts otherwise authorized to be appropriated, 

15 there are authorized to be appropriated $10,000,000 for 

16 fiscal year 2018 to carry out this section. 

17 SEC. 206. BIOMETRIC EXIT DATA SYSTEM. 

18 (a) IN GENERAL.—Subtitle B of title IV of the 

19 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 

20 is amended by adding at the end the following new section: 

21 ‘‘SEC. 418. BIOMETRIC ENTRY-EXIT.’’. 

22 ‘‘(a) ESTABLISHMENT.—The Secretary shall— 

23 ‘‘(1) not later than 180 days after the date of 

24 the enactment of the Building America’s Trust Act, 

25 submit to the Committee on Homeland Security and 


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1 Governmental Affairs of the Senate, the Committee 

2 on the Judiciary of the Senate, the Committee on 

3 Homeland Security of the House of Representatives, 

4 and the Committee on the Judiciary of the House of 

5 Representatives an implementation plan to establish 

6 a biometric exit data system to complete the inte7 grated biometric entry and exit data system required 

8 under section 7208 of the Intelligence Reform and 

9 Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 

10 including— 

11 ‘‘(A) an integrated master schedule and 

12 cost estimate, including requirements and de13 sign, development, operational, and mainte14 nance costs, of such a system that takes into 

15 account prior reports on such matters issued by 

16 the Government Accountability Office and the 

17 Department; 

18 ‘‘(B) cost-effective staffing and personnel 

19 requirements of such a system that leverages 

20 existing resources of the Department that takes 

21 into account prior reports on such matters 

22 issued by the Government Accountability Office 

23 and the Department; 

24 ‘‘(C) a consideration of training programs 

25 necessary to establish such a system that takes 


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1 into account prior reports on such matters 

2 issued by the Government Accountability Office 

3 and the Department; 

4 ‘‘(D) a consideration of how such a system 

5 will affect wait times that takes into account 

6 prior reports on such matter issued by the Gov7 ernment Accountability Office and the Depart8 ment; 

9 ‘‘(E) information received after consulta10 tion with private sector stakeholders, including 

11 the— 

12 ‘‘(i) trucking industry; 

13 ‘‘(ii) airport industry; 

14 ‘‘(iii) airline industry; 

15 ‘‘(iv) seaport industry; 

16 ‘‘(v) travel industry; and 

17 ‘‘(vi) biometric technology industry; 

18 ‘‘(F) a consideration of how trusted trav19 eler programs in existence as of the date of the 

20 enactment of this Act may be impacted by, or 

21 incorporated into, such a system; 

22 ‘‘(G) defined metrics of success and mile23 stones; 

24 ‘‘(H) identified risks and mitigation strate25 gies to address such risks; and 


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1 ‘‘(I) a consideration of how other countries 

2 have implemented a biometric exit data system; 

3 and 

4 ‘‘(2) not later than two years after the date of 

5 the enactment of the Building America’s Trust Act, 

6 establish a biometric exit data system at— 

7 ‘‘(A) the 15 United States airports that 

8 support the highest volume of international air 

9 travel, as determined by available Federal flight 

10 data; 

11 ‘‘(B) the 15 United States seaports that 

12 support the highest volume of international sea 

13 travel, as determined by available Federal travel 

14 data; and 

15 ‘‘(C) the 15 United States land ports of 

16 entry that support the highest volume of vehi17 cle, pedestrian, and cargo crossings, as deter18 mined by available Federal border crossing 

19 data. 

20 ‘‘(b) IMPLEMENTATION.— 

21 ‘‘(1) PILOT PROGRAM AT LAND PORTS OF

22 ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAF23 FIC.—Not later than 18 months after the date of the 

24 enactment of the Building America’s Trust Act, the 

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1 holders, shall establish a six-month pilot program to 

2 test the biometric exit data system referred to in 

3 subsection (a)(2) on nonpedestrian outbound traffic 

4 at not fewer than three land ports of entry with sig5 nificant cross-border traffic, including at not fewer 

6 than two land ports of entry on the southern land 

7 border and at least one land port of entry on the 

8 northern land border. Such pilot program may in9 clude a consideration of more than one biometric 

10 mode, and shall be implemented to determine the 

11 following: 

12 ‘‘(A) How a nationwide implementation of 

13 such biometric exit data system at land ports of 

14 entry shall be carried out. 

15 ‘‘(B) The infrastructure required to carry 

16 out subparagraph (A). 

17 ‘‘(C) The effects of such pilot program on 

18 legitimate travel and trade. 

19 ‘‘(D) The effects of such pilot program on 

20 wait times, including processing times, for such 

21 non-pedestrian traffic. 

22 ‘‘(E) Its effectiveness in combating ter23 rorism. 

24 ‘‘(F) Its effectiveness in identifying visa 

25 holders who violate the terms of their visas. 


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1 ‘‘(2) AT LAND PORTS OF ENTRY FOR NON-PE2 DESTRIAN OUTBOUND TRAFFIC.— 

3 ‘‘(A) IN GENERAL.—Not later than five 

4 years after the date of the enactment of the 

5 Building America’s Trust Act, the Secretary 

6 shall expand the biometric exit data system re7 ferred to in subsection (a)(2) to all land ports 

8 of entry, and such system shall apply only in 

9 the case of nonpedestrian outbound traffic. 

10 ‘‘(B) EXTENSION.—The Secretary may ex11 tend for a single two-year period the date speci12 fied in subparagraph (A) if the Secretary cer13 tifies to the Committee on Homeland Security 

14 and Governmental Affairs of the Senate, the 

15 Committee on the Judiciary of the Senate, the 

16 Committee on Homeland Security of the House 

17 of Representatives, and the Committee on the 

18 Judiciary of the House of Representatives that 

19 the 15 land ports of entry that support the 

20 highest volume of passenger vehicles, as deter21 mined by available Federal data, do not have 

22 the physical infrastructure or characteristics to 

23 install the systems necessary to implement a bi24 ometric exit data system. 


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1 ‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 

2 later than five years after the date of the enactment 

3 of the Building America’s Trust Act, the Secretary 

4 shall expand the biometric exit data system referred 

5 to in subsection (a)(2) to all air and sea ports of 

6 entry. 

7 ‘‘(4) AT LAND PORTS OF ENTRY FOR PEDES8 TRIANS.—Not later than five years after the date of 

9 the enactment of the Building America’s Trust Act, 

10 the Secretary shall expand the biometric exit data 

11 system referred to in subsection (a)(2) to all land 

12 ports of entry, and such system shall apply only in 

13 the case of pedestrians. 

14 ‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR15 TATION.—The Secretary, in consultation with appropriate 

16 private sector stakeholders, shall ensure that the collection 

17 of biometric data under this section causes the least pos18 sible disruption to the movement of people or cargo in air, 

19 sea, or land transportation, while fulfilling the goals of im20 proving counterterrorism efforts and identifying visa hold21 ers who violate the terms of their visas. 

22 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith23 standing any other provision of law, the Secretary shall, 

24 on the date of the enactment of the Building America’s 

25 Trust Act, terminate the proceeding entitled ‘Collection of 


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1 Alien Biometric Data Upon Exit From the United States 

2 at Air and Sea Ports of Departure; United States Visitor 

3 and Immigrant Status Indicator Technology Program 

4 (‘‘US-VISIT’’)’, issued on April 24, 2008 (73 Fed. Reg. 

5 22065). 

6 ‘‘(e) DATA-MATCHING.—The biometric exit data sys7 tem established under this section shall— 

8 ‘‘(1) match biometric information for an alien 

9 who is departing the United States against the bio10 metric information obtained for the alien upon entry 

11 to the United States; 

12 ‘‘(2) leverage the infrastructure and databases 

13 of the current biometric entry and exit system estab14 lished pursuant to section 7208 of the Intelligence 

15 Reform and Terrorism Prevention Act of 2004 (8 

16 U.S.C. 1365b) for the purpose described in para17 graph (1); and 

18 ‘‘(3) be interoperable with, and allow matching 

19 against, other Federal databases that store bio20 metrics of known or suspected terrorists and visa 

21 holders who have violated the terms of their visas. 

22 ‘‘(f) SCOPE.— 

23 ‘‘(1) IN GENERAL.—The biometric exit data 

24 system established under this section shall include a 

25 requirement for the collection of biometric exit data 


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1 for all categories of individuals who are required to 

2 provide biometric entry data. 

3 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID4 UALS.—This section shall not apply to individuals 

5 who exit and then reenter the United States on a 

6 passenger vessel (as such term is defined in section 

7 2101 of title 46, United States Code) if the itinerary 

8 of such vessel originates and terminates in the 

9 United States. 

10 ‘‘(3) EXCEPTION FOR LAND PORTS OF

11 ENTRY.—This section shall not apply to a United 

12 States citizen or a Canadian citizen who exits the 

13 United States through a land port of entry. 

14 ‘‘(g) COLLECTION OF DATA.—The Secretary may not 

15 require any non-Federal person to collect biometric data 

16 pursuant to the biometric exit data system established 

17 under this section, except through a contractual agree18 ment. 

19 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 

20 subsections (a)(1) and (b), the Secretary shall make every 

21 effort to collect biometric data using multiple modes of 

22 biometrics. 

23 ‘‘(i) FACILITIES.—All non-federally owned facilities 

24 where the biometric exit data system established under 

25 this section is implemented shall provide and maintain 


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1 space for Federal use that is adequate to support biomet2 ric data collection and other inspection-related activity. 

3 Such space shall be provided and maintained at no cost 

4 to the Government. 

5 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 

6 northern land border, the requirements under subsection 

7 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 

8 the sharing of biometric data provided to U.S. Customs 

9 and Border Protection by the Canadian Border Services 

10 Agency pursuant to the 2011 Beyond the Border agree11 ment. 

12 ‘‘(k) CONGRESSIONAL REVIEW.—Not later than 90 

13 days after the date of the enactment of this section, the 

14 Secretary shall submit to the Committee on Homeland Se15 curity and Governmental Affairs of the Senate, the Com16 mittee on the Judiciary of the Senate, the Committee on 

17 Homeland Security of the House of Representatives, and 

18 the Committee on the Judiciary of the House of Rep19 resentatives reports and recommendations of the Science 

20 and Technology Directorate’s Air Entry and Exit Re-En21 gineering Program of the Department and the U.S. Cus22 toms and Border Protection entry and exit mobility pro23 gram demonstrations.’’. 


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1 SEC. 207. SENSE OF CONGRESS ON COOPERATION BE2 TWEEN AGENCIES. 

3 (a) FINDING.—Congress finds that personnel con4 straints exist at land ports of entry with regard to sanitary 

5 and phytosanitary inspections for exported goods. 

6 (b) SENSE OF CONGRESS.—It is the sense of Con7 gress that, in the best interest of cross-border trade and 

8 the agricultural community— 

9 (1) any lack of certified personnel for inspection 

10 purposes at ports of entry should be addressed by 

11 seeking cooperation between agencies and depart12 ments of the United States, whether in the form of 

13 a memorandum of understanding or through a cer14 tification process, whereby additional existing agents 

15 are authorized for additional hours to facilitate the 

16 crossing and trade of perishable goods in a manner 

17 consistent with rules of the Department of Agri18 culture; and 

19 (2) cross designation should be available for 

20 personnel who will assist more than one agency or 

21 department at land ports of entry to facilitate in22 creased trade and commerce. 

23 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

24 In addition to any amounts otherwise authorized to 

25 be appropriated, there is authorized to be appropriated 


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1 $1,000,000,000 for each of the fiscal years 2018 through 

2 2021 to carry out this title. 

3 TITLE III—DOMESTIC SECURITY 

4 AND INTERIOR ENFORCEMENT 

5 Subtitle A—General Matters 

6 SEC. 301. ENDING CATCH AND RELEASE FOR REPEAT IMMI7 GRATION VIOLATORS AND CRIMINALS 

8 ALIENS. 

9 Section 236 of the Immigration and Nationality Act 

10 (8 U.S.C. 1226) is amended by striking the section head11 ing and subsections (a) through (c) and inserting the fol12 lowing: 

13 ‘‘SEC. 236. APPREHENSION AND DETENTION OF ALIENS. 

14 ‘‘(a) ARREST, DETENTION, AND RELEASE.— 

15 ‘‘(1) IN GENERAL.—The Secretary, on a war16 rant issued by the Secretary, may arrest an alien 

17 and detain the alien pending a decision on whether 

18 the alien is to be removed from the United States 

19 up until the alien has an administratively final order 

20 of removal. Except as provided in subsection (c) and 

21 pending such decision, the Secretary— 

22 ‘‘(A) may— 

23 ‘‘(i) continue to detain the arrested 

24 alien; 


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1 ‘‘(ii) release the alien on bond of at 

2 least $5,000, with security approved by, 

3 and containing conditions prescribed by, 

4 the Secretary; or 

5 ‘‘(iii) release the alien on his or her 

6 own recognizance, subject to appropriate 

7 conditions set forth by the Secretary of 

8 Homeland Security, if the Secretary of 

9 Homeland Security determines that the 

10 alien will not pose a danger to the safety 

11 of other persons or of property and is like12 ly to appear for any scheduled proceeding; 

13 and 

14 ‘‘(B) may not provide the alien with work 

15 authorization (including an ‘employment au16 thorized’ endorsement or other appropriate 

17 work permit) or advance parole to travel outside 

18 of the United States, unless the alien is lawfully 

19 admitted for permanent residence or otherwise 

20 would (without regard to removal proceedings) 

21 be provided such authorization. 

22 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The Sec23 retary at any time may revoke bond or parole authorized 

24 under subsection (a), rearrest the alien under the original 

25 warrant, and detain the alien. 


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1 ‘‘(c) MANDATORY DETENTION OF CRIMINAL

2 ALIENS.— 

3 ‘‘(1) CRIMINAL ALIENS.—The Secretary shall 

4 take into custody and continue to detain any alien 

5 who— 

6 ‘‘(A)(i) has not been admitted or paroled 

7 into the United States; and 

8 ‘‘(ii) was apprehended anywhere within 

9 100 miles of the international border of the 

10 United States; 

11 ‘‘(B) is admissible by reason of having 

12 committed any offense covered in section 

13 212(a)(2); 

14 ‘‘(C) is deportable by reason of having 

15 committed any offense covered in section 

16 237(a)(2); 

17 ‘‘(D) is convicted for an offense under sec18 tion 275(a); 

19 ‘‘(E) is convicted for an offense under sec20 tion 276; 

21 ‘‘(F) is convicted for any criminal offense; 

22 or 

23 ‘‘(G) is inadmissible under section 

24 212(a)(3)(B) or deportable under section 

25 237(a)(4)(B), 


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1 when the alien is released, without regard to 

2 whether the alien is released on parole, super3 vised release, and without regard to whether the 

4 alien may be arrested or imprisoned again for 

5 the same offense. 

6 ‘‘(2) RELEASE.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the Secretary may release an 

9 alien described in paragraph (1) only if the Sec10 retary decides pursuant to section 3251 of title 

11 18, United States Code, and in accordance with 

12 a procedure that considers the severity of the 

13 offense committed by the alien, that— 

14 ‘‘(i) release of the alien from custody 

15 is necessary to provide protection to a wit16 ness, a potential witness, a person cooper17 ating with an investigation into major 

18 criminal activity, or an immediate family 

19 member or close associate of a witness, po20 tential witness, or person cooperating with 

21 such an investigation, and 

22 ‘‘(ii) the alien satisfies the Secretary 

23 that the alien is not a flight risk, poses no 

24 danger to the safety of other persons or of 

25 property, is not a threat to national secuVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 rity or public safety, and is likely to appear 

2 at any scheduled proceeding. 

3 ‘‘(B) ARRESTED, BUT NOT CONVICTED, 

4 ALIENS.— 

5 ‘‘(i) RELEASE FOR PROCEEDINGS.— 

6 The Secretary of Homeland Security may 

7 release any alien held pursuant to para8 graph (1) to the appropriate authority for 

9 any proceedings subsequent to the arrest. 

10 ‘‘(ii) RESUMPTION OF CUSTODY.—If 

11 an alien is released under clause (i), the 

12 Secretary shall— 

13 ‘‘(I) resume custody of the alien 

14 during any period pending the final 

15 disposition of any such proceedings 

16 that the alien is not in the custody of 

17 such appropriate authority; and 

18 ‘‘(II) if the alien is not convicted 

19 of the offense for which the alien was 

20 arrested, the Secretary shall continue 

21 to detain the alien until removal pro22 ceedings are completed.’’. 

23 SEC. 302. DETERRING VISA OVERSTAYS. 

24 (a) ADMISSION OF NONIMMIGRANTS.—Section 214 of 

25 the Immigration and Nationality Act (8 U.S.C. 1184) is 


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1 amended by striking the section heading and all that fol2 lows through subsection (a)(1) and inserting the following: 

3 ‘‘SEC. 214. ADMISSION OF NONIMMIGRANTS. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) TERMS AND CONDITIONS OF ADMISSION.— 

6 ‘‘(A) REGULATIONS.—Subject to subpara7 graphs (B) and (C), the admission to the 

8 United States of any alien as a nonimmigrant 

9 may be for such time and under such conditions 

10 as the Secretary of Homeland Security may by 

11 regulations prescribe, including when the Sec12 retary deems necessary the giving of a bond 

13 with sufficient surety in such sum and con14 taining such conditions as the Secretary shall 

15 prescribe, to insure that at the expiration of 

16 such time or upon failure to maintain the sta17 tus under which the alien was admitted, or to 

18 maintain any status subsequently acquired 

19 under section 248, such alien will depart from 

20 the United States. 

21 ‘‘(B) GUAM OR CNMI VISA WAIVER NON22 IMMIGRANTS.—No alien admitted to Guam or 

23 the Commonwealth of the Northern Mariana Is24 lands without a visa pursuant to section 212(l) 

25 may be authorized to enter or stay in the 


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1 United States other than in Guam or the Com2 monwealth of the Northern Mariana Islands or 

3 to remain in Guam or the Commonwealth of 

4 the Northern Mariana Islands for a period ex5 ceeding 45 days from the date of admission to 

6 Guam or the Commonwealth of the Northern 

7 Mariana Islands. 

8 ‘‘(C) VISA WAIVER PROGRAM NON9 IMMIGRANTS.—No alien admitted to the United 

10 States without a visa pursuant to section 217 

11 may be authorized to remain in the United 

12 States as a nonimmigrant visitor for a period 

13 exceeding 90 days from the date of admission. 

14 ‘‘(D) BAR TO IMMIGRATION BENEFITS AND

15 TO CONTESTING REMOVAL.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), except for an alien admitted as a non18 immigrant under subparagraph (A) or (G) 

19 of section 101(a)(15) or a NATO non20 immigrant, any alien who remains in the 

21 United States beyond the period of stay 

22 authorized by the Secretary of Homeland 

23 Security, without good cause as determined 

24 by the Secretary of Homeland Security, in 

25 the Secretary’s discretion, is ineligible for 


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1 all immigration benefits or relief available 

2 under the immigration laws, other than a 

3 request for asylum, withholding of removal 

4 under section 241(b)(3), or relief from re5 moval based on a claim under the Conven6 tion Against Torture and Other Cruel, In7 human or Degrading Treatment or Pun8 ishment, done at New York, December 10, 

9 1984. 

10 ‘‘(ii) EXCEPTION.—The Secretary 

11 may, in the Secretary’s sole and 

12 unreviewable discretion, find that a non13 immigrant is not subject to clause (i) if— 

14 ‘‘(I) the alien was lawfully admit15 ted to the United States as a non16 immigrant; 

17 ‘‘(II) the alien filed a nonfrivo18 lous application for change of status 

19 to another nonimmigrant category or 

20 extension of stay before the date of 

21 expiration of the alien’s authorized pe22 riod of stay as a nonimmigrant; 

23 ‘‘(III) the alien has not been em24 ployed without authorization in the 


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1 United States, before, or during pend2 ency of the application; 

3 ‘‘(IV) the alien has not otherwise 

4 violated the terms of the alien’s non5 immigrant status; and 

6 ‘‘(V) the Secretary of Homeland 

7 Security, in the Secretary’s sole and 

8 unreviewable discretion, determines 

9 that the alien is not a threat to na10 tional security or public safety. 

11 ‘‘(iii) GOOD CAUSE DEFINED.—In 

12 clause (i), the term ‘good cause’ means exi13 gent humanitarian circumstances, such as 

14 medical emergencies or force majeure.’’. 

15 (b) ISSUANCE OF NONIMMIGRANT VISAS.—Section 

16 221(a) of the Immigration and Nationality Act (8 U.S.C. 

17 1201(a)) is amended by adding at the end the following: 

18 ‘‘(3) NOTIFICATION OF BARS.—The Secretary of 

19 State shall ensure that every application for a non20 immigrant visa includes a statement, to be executed under 

21 penalty of perjury, notifying the alien who is seeking a 

22 nonimmigrant visa of the bars to immigration relief and 

23 to contesting removal under section 214(a)(1)(D) if the 

24 alien fails to depart the United States at the end of the 

25 alien’s authorized period of stay.’’. 


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1 (c) VISA WAIVER PROGRAM WAIVER OF RIGHTS.— 

2 Section 217(b) of the Immigration and Nationality Act (8 

3 U.S.C. 1187(b)) is amended to read as follows: 

4 ‘‘(b) WAIVER OF RIGHTS.—An alien may not be pro5 vided a waiver under the program unless the alien has— 

6 ‘‘(1) signed, under penalty of perjury, an ac7 knowledgement confirming that the alien was noti8 fied and understands that he or she will be ineligible 

9 for any form of relief or immigration benefit under 

10 the Act or any other immigration laws, other than 

11 a request for asylum, withholding of removal under 

12 section 241(b)(3), or relief from removal based on a 

13 claim under the Convention Against Torture and 

14 Other Cruel, Inhuman or Degrading Treatment or 

15 Punishment, done at New York, December 10, 

16 1984, if the alien fails to depart the United States 

17 at the end of the 90-day period for admission; 

18 ‘‘(2) waived any right to review or appeal under 

19 this Act of an immigration officer’s determination as 

20 to the a admissibility of the alien at the port of 

21 entry into the United States, and 

22 ‘‘(3) waived any right to contest, other than on 

23 the basis of an application for asylum, any action for 

24 removal of the alien.’’. 


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1 SEC. 303. INCREASE IN IMMIGRATION DETENTION CAPAC2 ITY. 

3 Not later than September 30, 2018, and subject to 

4 the availability of appropriations, the Secretary of Home5 land Security shall increase the immigration detention ca6 pacity to a daily immigration detention capacity of not less 

7 than 48,879 detention beds. 

8 SEC. 304. COLLECTION OF DNA FROM CRIMINAL AND DE9 TAINED ALIENS. 

10 (a) IN GENERAL.—Section 3(a)(1) of the DNA Anal11 ysis Backlog Elimination Act of 2000 (42 U.S.C. 

12 14135a(a)(1)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(C) The Secretary of Homeland Security shall 

15 collect DNA samples from any alien, as defined 

16 under section 101(a)(3) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(3)), who— 

18 ‘‘(i) has been detained pursuant to section 

19 235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of 

20 that Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV), 

21 1226, 1226a, 1228); or 

22 ‘‘(ii) is the subject of a final order of re23 moval under section 240 of that Act (8 U.S.C. 

24 1229a) based on inadmissibility under section 

25 212(a)(2) of that Act (8 U.S.C. 1182(a)(2)) or 


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1 being subject to removal under section 

2 237(a)(2) of that Act (8 U.S.C. 1227(a)(2)).’’. 

3 (b) FURNISHING OF DNA SAMPLES FROM CRIMINAL

4 AND DETAINED ALIENS.—Section 3(b) of the DNA Anal5 ysis Backlog Elimination Act of 2000 (42 U.S.C. 

6 14135a(b)) is amended by striking ‘‘or the probation office 

7 responsible (as applicable)’’ and inserting ‘‘the probation 

8 office responsible, or the Secretary of Homeland Secu9 rity’’. 

10 SEC. 305. COLLECTION, USE, AND STORAGE OF BIOMETRIC 

11 DATA. 

12 (a) COLLECTION AND USE OF BIOMETRIC INFORMA13 TION FOR IMMIGRATION PURPOSES.— 

14 (1) COLLECTION.—The Secretary of Homeland 

15 Security may require any individual filing an appli16 cation, petition, or other request for immigration 

17 benefit or status with the Department of Homeland 

18 Security or seeking an immigration benefit, immi19 gration employment authorization, identity, or travel 

20 document, or requesting relief under any provision 

21 of the immigration laws to submit biometric infor22 mation (including but not limited to fingerprints, 

23 photograph, signature, voice print, iris, or DNA) to 

24 the Secretary. 


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1 (2) USE.—The Secretary may use any biomet2 ric information submitted under paragraph (1) to 

3 conduct background and security checks, verify an 

4 individual’s identity, adjudicate, revoke, or terminate 

5 immigration benefits or status, and perform other 

6 functions related to administering and enforcing the 

7 immigration laws. 

8 (b) BIOMETRIC AND BIOGRAPHIC INFORMATION

9 SHARING.— 

10 (1) BIOMETRIC AND BIOGRAPHIC INFORMATION

11 SHARING WITH DEPARTMENT OF DEFENSE AND

12 FEDERAL BUREAU OF INVESTIGATION.—The Sec13 retary of Homeland Security, the Secretary of De14 fense, and the Director of the Federal Bureau of In15 vestigation— 

16 (A) shall exchange appropriate biometric 

17 and biographic information to determine or con18 firm the identity of an individual and to assess 

19 whether the individual is a threat to national 

20 security or public safety; and 

21 (B) may use information exchanged pursu22 ant to subparagraph (A) to compare biometric 

23 and biographic information contained in appli24 cable systems of the Department of Homeland 

25 Security, the Department of Defense, or the 


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1 Federal Bureau of Investigation to determine if 

2 there is a match between such information and, 

3 if there is a match, to relay such information to 

4 the requesting agency. 

5 (2) USE OF BIOMETRIC DATA BY THE DEPART6 MENT OF STATE.—The Secretary of State shall use 

7 biometric information from applicable systems of the 

8 Department of Homeland Security, of the Depart9 ment of Defense, and of the Federal Bureau of In10 vestigation to track individuals who are— 

11 (A)(i) known or suspected terrorists; or 

12 (ii) identified as a potential threat to na13 tional security; and 

14 (B) using an alias while traveling. 

15 (3) REPORT ON BIOMETRIC INFORMATION

16 SHARING WITH MEXICO AND OTHER COUNTRIES FOR

17 IDENTITY VERIFICATION.—Not later than 180 days 

18 after the date of the enactment of this Act, the Sec19 retary of Homeland Security and the Secretary of 

20 State shall submit a joint report on the status of ef21 forts to engage with the Government of Mexico and 

22 the governments of other appropriate foreign coun23 tries located in Central America or South Amer24 ican— 


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1 (A) to discuss coordination on biometric 

2 information sharing between the United States 

3 and such countries; and 

4 (B) to enter into bilateral agreements that 

5 provide for the sharing of such biometric infor6 mation with the Department of State, the De7 partment of Defense, the Department of Jus8 tice, the Federal Bureau of Investigation, and 

9 the Department of Homeland Security to use in 

10 identifying individuals who are known or sus11 pected terrorists or potential threats to national 

12 security and verifying entry and exit of individ13 uals to and from the United States. 

14 (c) CONSTRUCTION.—The collection of biometric in15 formation under paragraph (1) shall not limit the Sec16 retary of Homeland Security’s authority to collect biomet17 ric information from any individual arriving to or depart18 ing from the United States. 

19 SEC. 306. PILOT PROGRAM FOR ELECTRONIC FIELD PROC20 ESSING. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall establish a pilot program in at least 5 of the 

23 10 U.S. Immigration and Customs Enforcement field of24 fices or regions with the largest removal caseloads to allow 

25 U.S. Immigration and Customs Enforcement officers to 


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1 use handheld or vehicle-mounted computers to electroni2 cally— 

3 (1) process and serve charging documents, in4 cluding notices to appear, while in the field; 

5 (2) process and place detainers while in the 

6 field; 

7 (3) collect biometric data for the purpose of 

8 identifying an alien and establishing both immigra9 tion status and criminal history while in the field; 

10 (4) enter any required data, including personal 

11 information about the alien subject and the reason 

12 for issuing the document; 

13 (5) apply the electronic signature of the issuing 

14 ICE officer or agent; 

15 (6) apply or capture the electronic signature of 

16 the alien on any charging document or notice, in17 cluding any electronic signature captured to ac18 knowledge service of such documents or notices; 

19 (7) set the date the alien is required to appear 

20 before an immigration judge, in the case of notices 

21 to appear; 

22 (8) print any documents the alien subject may 

23 be required to sign, along with additional copies of 

24 documents to be served on the alien; and 


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1 (9) interface with the ENFORCE database so 

2 that all data is collected, stored, and retrievable in 

3 real-time. 

4 (b) CONSTRUCTION.—The pilot program described in 

5 subsection (a) shall be designed to replace, to the extent 

6 possible, the current paperwork and data-entry process 

7 used for issuing such charging documents and detainers. 

8 (c) DEADLINE.—The Secretary shall initiate the pilot 

9 program described in subsection (a) not later than 6 

10 months after the date of the enactment of this Act. 

11 (d) REPORT.—Not later than 18 months after the 

12 date of the enactment of this Act, the Comptroller General 

13 of the United States shall— 

14 (1) submit a report to the Committee on Home15 land Security and Governmental Affairs of the Sen16 ate, the Committee on the Judiciary of the Senate, 

17 the Committee on Homeland Security of the House 

18 of Representatives, the Committee on the Judiciary 

19 of the House of Representatives on the results of the 

20 pilot program; and 

21 (2) provide recommendations to such commit22 tees for implementing use of such technology nation23 wide. 


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1 SEC. 307. ENDING ABUSE OF PAROLE AUTHORITY. 

2 Section 212(d)(5) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(d)(5)) is amended to read as follows: 

4 ‘‘(5) PAROLE AUTHORITY.— 

5 ‘‘(A) IN GENERAL.—Except as provided in sub6 paragraph (C) or section 214(f), the Secretary of 

7 Homeland Security, in the Secretary’s discretion, 

8 may parole into the United States temporarily, 

9 under such conditions as the Secretary may pre10 scribe, including requiring the posting of a bond, 

11 and only on a case-by-case basis for urgent humani12 tarian reasons or significant public benefit, any alien 

13 applying for admission to the United States. 

14 ‘‘(B) PAROLE NOT AN ADMISSION.—In accord15 ance with section 101(a)(13)(B), parole of an alien 

16 under subparagraph (A) shall not be regarded as an 

17 admission of the alien to the United States. 

18 ‘‘(C) PROHIBITED USES OF PAROLE AUTHOR19 ITY.— 

20 ‘‘(i) IN GENERAL.—The Secretary may not 

21 use the authority under subparagraph (A) to 

22 parole in generalized categories of aliens or 

23 classes of aliens based solely on nationality, 

24 presence, or residence in the United States, 

25 family relationships, or any other criteria that 


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1 would cover a broad group of foreign nationals 

2 either inside or outside of the United States. 

3 ‘‘(ii) ALIENS WHO ARE NATIONAL SECU4 RITY OR PUBLIC SAFETY THREATS.— 

5 ‘‘(I) PROHIBITION ON PAROLE.—The 

6 Secretary of Homeland Security shall not 

7 parole in any alien who the Secretary, in 

8 the Secretary’s sole and unreviewable dis9 cretion, determines is a threat to national 

10 security or public safety, except in extreme 

11 exigent circumstances. 

12 ‘‘(II) EXTREME EXIGENT CIR13 CUMSTANCES DEFINED.—In subclause (I), 

14 the term ‘extreme exigent circumstances’ 

15 means circumstances under which— 

16 ‘‘(aa) the failure to parole the 

17 alien would result in the immediate 

18 significant risk of loss of life or bodily 

19 function due to a medical emergency; 

20 ‘‘(bb) the failure to parole the 

21 alien would conflict with medical ad22 vice as to the health or safety of the 

23 individual, detention facility staff, or 

24 other detainees; or 


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1 ‘‘(cc) there is an urgent need for 

2 the alien’s presence for a law enforce3 ment purpose, including for a prosecu4 tion or securing the alien’s presence 

5 to appear as a material witness, or a 

6 national security purpose. 

7 ‘‘(D) TERMINATION OF PAROLE.—The Sec8 retary of Homeland Security shall determine when 

9 the purpose of parole of an alien has been served 

10 and, upon such determination— 

11 ‘‘(i) the alien’s case shall continue to be 

12 dealt with in the same manner as that of any 

13 other applicant for admission to the United 

14 States; and 

15 ‘‘(ii) if the alien was previously detained, 

16 the alien shall be returned to the custody from 

17 which the alien was paroled. 

18 ‘‘(E) LIMITATIONS ON USE OF ADVANCE PA19 ROLE.— 

20 ‘‘(i) ADVANCE PAROLE DEFINED.—In this 

21 subparagraph, the term ‘advance parole’ means 

22 advance approval for an alien applying for ad23 mission to the United States to request at a 

24 port of entry in the United States, a pre-inspec25 tion station, or a designated field office of the 


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1 Department of Homeland Security, to be pa2 roled into the United States under subpara3 graph (A). 

4 ‘‘(ii) APPROVAL AND REVOCATION OF AD5 VANCE PAROLE.—The Secretary of Homeland 

6 Security may, in the Secretary’s discretion, 

7 grant an application for advance parole. Ap8 proval of an application for advance parole shall 

9 not constitute a grant of parole under subpara10 graph (A). A grant of parole into the United 

11 States based on an approved application for ad12 vance parole shall not be considered a parole for 

13 purposes of qualifying for adjustment of status 

14 to lawful permanent resident status in the 

15 United States under section 245 or 245A. 

16 ‘‘(iii) REVOCATION OF ADVANCE PA17 ROLE.—The Secretary may, in the Secretary’s 

18 discretion, revoke a grant of advance parole to 

19 an alien at any time, regardless of whether the 

20 alien is inside or outside the United States. 

21 Such revocation shall not be subject to adminis22 trative appeal or judicial review.’’. 

23 SEC. 308. STOP DANGEROUS SANCTUARY CITIES ACT. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Stop Dangerous Sanctuary Cities Act’’. 


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1 (b) ENSURING THAT LOCAL AND FEDERAL LAW EN2 FORCEMENT OFFICERS MAY COOPERATE TO SAFEGUARD

3 OUR COMMUNITIES.— 

4 (1) AUTHORITY TO COOPERATE WITH FEDERAL

5 OFFICIALS.—A State, a political subdivision of a 

6 State, or an officer, employee, or agent of such State 

7 or political subdivision that complies with a detainer 

8 issued by the Department under sections 236, 241, 

9 or section 287 of the Immigration and Nationality 

10 Act (8 U.S.C. 1226, 1231, or 1357)— 

11 (A) shall be deemed to be acting as an 

12 agent of the Department; and 

13 (B) with regard to actions taken to comply 

14 with the detainer, shall have all authority avail15 able to officers and employees of the Depart16 ment. 

17 (2) LEGAL PROCEEDINGS.—In any legal pro18 ceeding brought against a State, a political subdivi19 sion of State, or an officer, employee, or agent of 

20 such State or political subdivision, which challenges 

21 the legality of the seizure or detention of an indi22 vidual pursuant to a detainer issued by the Depart23 ment under section 236 or 287 of the Immigration 

24 and Nationality Act (8 U.S.C. 1226, 1357)— 


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1 (A) no liability for false arrest or imprison2 ment shall lie against the State or political sub3 division of a State for actions taken in compli4 ance with the detainer, which includes main5 taining custody of the alien in accordance with 

6 the instructions on the detainer form and noti7 fying the Department prior to the alien’s re8 lease from custody; and 

9 (B) if the actions of the officer, employee, 

10 or agent of the State or political subdivision 

11 were taken in compliance with the detainer— 

12 (i) the officer, employee, or agent 

13 shall be deemed— 

14 (I) to be an employee of the Fed15 eral Government and an investigative 

16 or law enforcement officer; and 

17 (II) to have been acting within 

18 the scope of his or her employment 

19 under section 1346(b) and chapter 

20 171 of title 28, United States Code; 

21 (ii) section 1346(b) of title 28, United 

22 States Code, shall provide the exclusive 

23 remedy for the plaintiff; and 

24 (iii) the United States shall be sub25 stituted as defendant in the proceeding. 


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1 (c) SANCTUARY JURISDICTION DEFINED.— 

2 (1) IN GENERAL.—Except as provided under 

3 subsection (2), for purposes of this section, the term 

4 ‘‘sanctuary jurisdiction’’ means any State or political 

5 subdivision of a State that has in effect a statute, 

6 ordinance, policy, or practice that prohibits or re7 stricts any government entity or official from— 

8 (A) sending, receiving, maintaining, or ex9 changing with any Federal, State, or local gov10 ernment entity information regarding the citi11 zenship or immigration status (lawful or unlaw12 ful) of any individual; or 

13 (B) complying with a request lawfully 

14 made by the Department under section 236 or 

15 287 of the Immigration and Nationality Act (8 

16 U.S.C. 1226, 1357) to comply with a detainer 

17 for, or notify about the release of, an individual. 

18 (2) EXCEPTION.—A State or political subdivi19 sion of a State shall not be deemed a sanctuary ju20 risdiction based solely on its having a policy whereby 

21 its officials will not share information regarding, or 

22 comply with a request made by the Department 

23 under section 236 or 287 of the Immigration and 

24 Nationality Act (8 U.S.C. 1226, 1357) to comply 

25 with a detainer regarding, an individual who comes 


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1 forward as a victim or a witness to a criminal of2 fense. 

3 (d) SANCTUARY JURISDICTIONS INELIGIBLE FOR

4 CERTAIN FEDERAL FUNDS.— 

5 (1) ECONOMIC DEVELOPMENT ADMINISTRATION

6 GRANTS.— 

7 (A) GRANTS FOR PUBLIC WORKS AND ECO8 NOMIC DEVELOPMENT.—Section 201(b) of the 

9 Public Works and Economic Development Act 

10 of 1965 (42 U.S.C. 3141(b)) is amended— 

11 (i) in paragraph (2), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in paragraph (3), by striking the 

14 period at the end and inserting ‘‘; and’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(4) the area in which the project is to be car19 ried out is not a sanctuary jurisdiction (as defined 

20 in subsection (c) of the Stop Dangerous Sanctuary 

21 Cities Act).’’. 

22 (B) GRANTS FOR PLANNING AND ADMINIS23 TRATIVE EXPENSES.—Section 203(a) of the 

24 Public Works and Economic Development Act 

25 of 1965 (42 U.S.C. 3143(a)) is amended by 


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1 adding at the end the following: ‘‘A sanctuary 

2 jurisdiction (as defined in subsection (c) of the 

3 Stop Dangerous Sanctuary Cities Act) may not 

4 be deemed an eligible recipient under this sub5 section.’’. 

6 (C) SUPPLEMENTARY GRANTS.—Section 

7 205(a) of the Public Works and Economic De8 velopment Act of 1965 (42 U.S.C. 3145(a)) is 

9 amended— 

10 (i) in paragraph (2), by striking 

11 ‘‘and’’ at the end; 

12 (ii) in paragraph (3)(B), by striking 

13 the period at the end and inserting ‘‘; 

14 and’’; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(4) will be carried out in an area that does not 

18 contain a sanctuary jurisdiction (as defined in sub19 section (c) of the Stop Dangerous Sanctuary Cities 

20 Act).’’. 

21 (D) GRANTS FOR TRAINING, RESEARCH, 

22 AND TECHNICAL ASSISTANCE.—Section 207 of 

23 the Public Works and Economic Development 

24 Act of 1965 (42 U.S.C. 3147) is amended by 

25 adding at the end the following: 


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1 ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC2 TIONS.—Grant funds under this section may not be used 

3 to provide assistance to a sanctuary jurisdiction (as de4 fined in subsection (c) of the Stop Dangerous Sanctuary 

5 Cities Act).’’. 

6 (2) COMMUNITY DEVELOPMENT BLOCK

7 GRANTS.— 

8 (A) DEFINITIONS.—Section 102(a) of the 

9 Housing and Community Development Act of 

10 1974 (42 U.S.C. 5302(a)) is amended by add11 ing at the end the following: 

12 ‘‘(25) The term ‘sanctuary jurisdiction’ has the 

13 meaning given that term in subsection (c) of the 

14 Stop Dangerous Sanctuary Cities Act.’’. 

15 (B) ELIGIBLE GRANTEES.— 

16 (i) IN GENERAL.—Section 104(b) of 

17 the Housing and Community Development 

18 Act of 1974 (42 U.S.C. 5304(b)) is 

19 amended— 

20 (I) in paragraph (5), by striking 

21 ‘‘and’’ at the end; 

22 (II) by redesignating paragraph 

23 (6) as paragraph (7); and 

24 (III) by inserting after paragraph 

25 (5) the following: 


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1 ‘‘(6) the grantee is not a sanctuary jurisdiction 

2 and will not become a sanctuary jurisdiction during 

3 the period for which the grantee receives a grant 

4 under this title; and’’. 

5 (ii) PROTECTION OF INDIVIDUALS

6 AGAINST CRIME.—Section 104 of the 

7 Housing and Community Development Act 

8 of 1974 (42 U.S.C. 5304) is amended by 

9 adding at the end the following: 

10 ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST

11 CRIME.— 

12 ‘‘(1) IN GENERAL.—No funds authorized to be 

13 appropriated to carry out this title may be obligated 

14 or expended for any State or unit of general local 

15 government that is a sanctuary jurisdiction. 

16 ‘‘(2) RETURNED AMOUNTS.— 

17 ‘‘(A) STATE.—If a State is a sanctuary ju18 risdiction during the period for which it receives 

19 amounts under this title, the Secretary— 

20 ‘‘(i) shall direct the State to imme21 diately return to the Secretary any such 

22 amounts that the State received for that 

23 period; and 

24 ‘‘(ii) shall reallocate amounts returned 

25 under clause (i) for grants under this title 


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1 to other States that are not sanctuary ju2 risdictions. 

3 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN4 MENT.—If a unit of general local government is 

5 a sanctuary jurisdiction during the period for 

6 which it receives amounts under this title, any 

7 such amounts that the unit of general local gov8 ernment received for that period— 

9 ‘‘(i) in the case of a unit of general 

10 local government that is not in a non11 entitlement area, shall be returned to the 

12 Secretary for grants under this title to 

13 States and other units of general local gov14 ernment that are not sanctuary jurisdic15 tions; and 

16 ‘‘(ii) in the case of a unit of general 

17 local government that is in a nonentitle18 ment area, shall be returned to the Gov19 ernor of the State for grants under this 

20 title to other units of general local govern21 ment in the State that are not sanctuary 

22 jurisdictions. 

23 ‘‘(C) REALLOCATION RULES.—In reallo24 cating amounts under subparagraphs (A) and 

25 (B), the Secretary— 


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1 ‘‘(i) shall apply the relevant allocation 

2 formula under subsection (b), with all 

3 sanctuary jurisdictions excluded; and 

4 ‘‘(ii) shall not be subject to the rules 

5 for reallocation under subsection (c).’’. 

6 SEC. 309. REINSTATEMENT OF THE SECURE COMMUNITIES 

7 PROGRAM. 

8 (a) REINSTATEMENT.—The Secretary shall reinstate 

9 and operate the Secure Communities program immigra10 tion enforcement program administered by U.S. Immigra11 tion and Customs Enforcement between 2008 and 2014. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $150,000,000 to carry out 

14 this section. 

15 SEC. 310. PREVENTION AND DETERRENCE OF FRAUD IN 

16 OBTAINING RELIEF FROM REMOVAL. 

17 (a) RESTRICTION ON WAIVER OF INADMISSIBILITY

18 OF CRIMINAL GROUNDS WHEN QUALIFYING RELATIVES

19 BENEFITTED FROM FRAUD.—Section 212(h) of the Im20 migration and Nationality Act (8 U.S.C. 1182(h)) is 

21 amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A), by redesignating 

24 clauses (i), (ii), and (iii) as subclauses (I), (II), 

25 and (III); and 


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1 (B) by redesignating subparagraphs (A), 

2 (B), and (C) as clauses (i), (ii), and (iii); 

3 (2) by redesignating paragraphs (1) and (2) as 

4 subparagraphs (A) and (B); 

5 (3) by striking ‘‘The Attorney General may, in 

6 his discretion’’ and inserting ‘‘(1) The Secretary of 

7 Homeland Security may, in the Secretary’s discre8 tion’’; and 

9 (4) in the undesignated matter following para10 graph (1)(B), as redesignated, by striking ‘‘No waiv11 er’’ and inserting the following: 

12 ‘‘(2) No waiver shall be available under this sub13 section if a preponderance of the evidence shows that the 

14 spouse, parent, son, or daughter procured, or sought to 

15 procure, any immigration status under this title based on 

16 fraud or material misrepresentation by the alien seeking 

17 the waiver. No waiver’’. 

18 (b) RESTRICTION ON WAIVER OF INADMISSIBILITY

19 OF FRAUD GROUNDS WHEN QUALIFYING RELATIVES

20 BENEFITTED FROM FRAUD.—Section 212(i)(1) of the 

21 Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 

22 amended by adding at the end the following: ‘‘No waiver 

23 shall be available under this subsection if a preponderance 

24 of the evidence shows that the spouse, parent, son, or 

25 daughter procured, or sought to procure, any immigration 


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1 status under this title based on fraud or material mis2 representation by the alien seeking the waiver.’’. 

3 (c) RESTRICTION ON WAIVER OF DEPORTABILITY OF

4 FRAUD GROUNDS WHEN QUALIFYING RELATIVES BENE5 FITTED FROM FRAUD.—Section 237(a)(1)(H) of the Im6 migration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) 

7 is amended— 

8 (1) in clause (i), by redesignating subclauses (I) 

9 and (II) as items (aa) and (bb); 

10 (2) by redesignating clauses (i) and (ii) as sub11 clauses (I) and (II); 

12 (3) by inserting ‘‘(i)’’ before ‘‘The provisions’’; 

13 and 

14 (4) by striking ‘‘A waiver’’ and inserting the 

15 following: 

16 ‘‘(ii) No waiver shall be available under 

17 this subparagraph if a preponderance of the evi18 dence shows that the spouse, parent, son, or 

19 daughter procured, or sought to procure, any 

20 immigration status under this title based on 

21 fraud or material misrepresentation by the alien 

22 seeking the waiver. A waiver’’. 

23 (e) RESTRICTION ON CANCELLATION OF REMOVAL

24 WHEN QUALIFYING RELATIVES BENEFITTED FROM


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1 FRAUD.—Section 240A(b)(1) of the Immigration and Na2 tionality Act (8 U.S.C. 1229b(b)(1)) is amended— 

3 (1) in paragraph (1), by redesignating subpara4 graphs (A) through (D) as clauses (i) through (iv), 

5 respectively; 

6 (2) by inserting ‘‘(A)’’ before ‘‘The Attorney 

7 General’’; and 

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

9 ‘‘(B) No cancellation shall be available under 

10 this paragraph if a preponderance of the evidence 

11 shows that the spouse, parent, son, or daughter pro12 cured, or sought to procure, any immigration status 

13 under this title based on fraud or material misrepre14 sentation by the alien seeking the waiver.’’. 

15 (e) APPLICABILITY.—The amendments made by this 

16 section shall apply to all applications for waivers or can17 cellation of removal submitted before, on, or after the date 

18 of enactment of this Act. 

19 Subtitle B—Protecting Children 

20 and America’s Homeland Act of 

21 2017 

22 SEC. 320. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Protecting Chil24 dren and America’s Homeland Act of 2017’’. 


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1 SEC. 321. REPATRIATION OF UNACCOMPANIED ALIEN CHIL2 DREN. 

3 Section 235(a) of the William Wilberforce Trafficking 

4 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

5 1232(a)) is amended— 

6 (1) in paragraph (2)— 

7 (A) by striking the paragraph heading and 

8 inserting ‘‘RULES FOR UNACCOMPANIED ALIEN

9 CHILDREN.—’’; 

10 (B) in subparagraph (A), in the matter 

11 preceding clause (i), by striking ‘‘who is a na12 tional or habitual resident of a country that is 

13 contiguous with the United States shall be 

14 treated in accordance with subparagraph (B)’’ 

15 and inserting ‘‘shall be treated in accordance 

16 with subparagraph (B) of this paragraph or 

17 subsection (b), as appropriate’’; and 

18 (C) in subparagraph (C)— 

19 (i) by striking the subparagraph head20 ing and inserting ‘‘AGREEMENTS WITH

21 FOREIGN COUNTRIES.—’’; and 

22 (ii) in the matter preceding clause (i), 

23 by striking ‘‘countries contiguous to the 

24 United States’’ and inserting ‘‘Canada, El 

25 Salvador, Guatemala, Honduras, Mexico, 


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1 and any other foreign country that the 

2 Secretary determines appropriate’’; 

3 (2) by redesignating paragraphs (3), (4), and 

4 (5) as paragraphs (4), (5), and (6), respectively; 

5 (3) inserting after paragraph (2) the following: 

6 ‘‘(3) MANDATORY EXPEDITED REMOVAL OF

7 CRIMINALS AND GANG MEMBERS.—Notwithstanding 

8 any other provision of law, including section 235(a) 

9 of the William Wilberforce Trafficking Protection 

10 Reauthorization Act of 2008 (8 U.S.C. 1232(a)), the 

11 Secretary of Homeland Security shall place an unac12 companied alien child in a proceeding in accordance 

13 with section 235 of the Immigration and Nationality 

14 Act (8 U.S.C. 1225) if, the Secretary determines or 

15 has reason to believe the alien— 

16 ‘‘(A) has been convicted of, or found to be 

17 a juvenile offender based on, any offense car18 rying a maximum term of imprisonment of 

19 more than 180 days; 

20 ‘‘(B) has been convicted of, or found to be 

21 a juvenile offender based on, an offense which 

22 involved— 

23 ‘‘(i) the use or attempted use of phys24 ical force, or threatened use of a deadly 

25 weapon; 


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1 ‘‘(ii) the purchase, sell, offering for 

2 sale, exchange, use, owning, possession, or 

3 carrying, or of attempting or conspiring to 

4 purchase, sell, offer for sale, exchange, use, 

5 own, possess, or carry, any weapon, part, 

6 or accessory which is a firearm or destruc7 tive device (as defined in section 921(a) of 

8 title 18, United States Code) in violation 

9 of any law; 

10 ‘‘(iii) child abuse and neglect (as de11 fined in section 40002(a)(3) of the Vio12 lence Against Women Act of 1994 (42 

13 U.S.C. 13925(a)(3)); 

14 ‘‘(iv) assault resulting in bodily injury 

15 (as defined in section 2266 of title 18, 

16 United States Code); 

17 ‘‘(v) the violation of a protection order 

18 (as defined in section 2266 of title 18, 

19 United States Code); 

20 ‘‘(vi) driving while intoxicated or driv21 ing under the influence (as those terms are 

22 defined in section 164 of title 23, United 

23 States Code); or 

24 ‘‘(vii) any offense under foreign law, 

25 except for a purely political offense, which, 


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1 if the offense had been committed in the 

2 United States, would render the alien inad3 missible under section 212(a) of the Immi4 gration and Nationality Act (8 U.S.C. 

5 1182(a)); 

6 ‘‘(C) has been convicted of, or found to be 

7 a juvenile offender based on, more than 1 crimi8 nal offense (other than minor traffic offenses); 

9 ‘‘(D) has been convicted of, or found to be 

10 a juvenile offender based on a crime of violence 

11 or an offense under Federal, State, or Tribal 

12 law, that has, as an element, the use or at13 tempted use of physical force or the threatened 

14 use of physical force or a deadly weapon; 

15 ‘‘(E) has engaged in, is engaged in, or is 

16 likely to engage after entry, in any terrorist ac17 tivity (as defined in section 212(a)(3)(B)(iii) of 

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

19 1182(a)(3)(B)(iii)), or intends to participate or 

20 has participated in the activities of a foreign 

21 terrorist organization (as designated under sec22 tion 219 of the Immigration and Nationality 

23 Act (8 U.S.C. 1189)); 

24 ‘‘(F) has engaged in, is engaged in, or any 

25 time after a prior admission engages in activity 


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1 described in section 237(a)(4) of the Immigra2 tion and Nationality Act (8 U.S.C. 1227(a)(4)); 

3 ‘‘(G) is or was a member of a criminal 

4 gang (as defined in paragraph (53) of section 

5 101(a) of the Immigration and Nationality Act 

6 (8 U.S.C. 1101(a)(53)); 

7 ‘‘(H) provided materially false, fictitious, 

8 or fraudulent information regarding age or 

9 identity to the United States Government with 

10 the intent to be inaccurately classified as an un11 accompanied alien child; or 

12 ‘‘(I) has entered the United States more 

13 than 1 time in violation of section 275(a) of the 

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

15 1325(a)), knowing that the entry was unlawful. 

16 ‘‘(J) has entered the United States more 

17 than 1 time in violation of section 275(a) of the 

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

19 1325(a)), knowing that the entry was unlaw20 ful.’’; 

21 (4) in paragraph (4), as redesignated— 

22 (A) by striking ‘‘not described in para23 graph (2)(A)’’; and 

24 (B) by inserting ‘‘who choose not to with25 draw their application for admission and return 


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1 to their country of nationality or country of last 

2 habitual residence’’ after ‘‘port of entry’’; 

3 (5) in paragraph (6)(D), as redesignated— 

4 (A) by striking the subparagraph heading 

5 and inserting ‘‘EXPEDITED DUE PROCESS AND

6 SCREENING FOR UNACCOMPANIED ALIEN CHIL7 DREN.—’’; 

8 (B) in the matter preceding clause (i), by 

9 striking ‘‘, except for an unaccompanied alien 

10 child from a contiguous country subject to the 

11 exceptions under subsection (a)(2), shall be—’’ 

12 and inserting ‘‘who meets the criteria listed in 

13 paragraph (2)(A) and who chooses not to with14 draw his or her application for admission and 

15 return to the unaccompanied alien child’s coun16 try of nationality or country of last habitual 

17 residence as permitted under section 

18 235B(c)(5) of the Immigration and Nationality 

19 Act (8 U.S.C. 1225b(c)(5))—’’; 

20 (C) by striking clause (i) and inserting the 

21 following: 

22 ‘‘(i) shall be placed in a proceeding in 

23 accordance with section 235B of the Immi24 gration and Nationality Act (8 U.S.C. 

25 1225b), which shall commence not later 


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1 than 7 days after the screening of an unac2 companied alien child described in para3 graph (5);’’; 

4 (D) by redesignating clauses (ii) and (iii) 

5 as clauses (iii) and (iv), respectively; 

6 (E) by inserting after clause (i) the fol7 lowing: 

8 ‘‘(ii) may not be placed in the custody 

9 of a nongovernmental sponsor or otherwise 

10 released from the immediate custody of the 

11 United States Government until the child 

12 is repatriated unless the child— 

13 ‘‘(I) is the subject of an order 

14 under section 235B(e)(1) of the Im15 migration and Nationality Act (8 

16 U.S.C. 1225b(e)(1)); and 

17 ‘‘(II) is placed or released in ac18 cordance with subsection (c)(2)(C) of 

19 this section.’’; 

20 (F) in clause (iii), as redesignated, by in21 serting ‘‘is’’ before ‘‘eligible’’; and 

22 (G) in clause (iv), as redesignated, by in23 serting ‘‘shall be’’ before ‘‘provided’’. 


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1 SEC. 322. EXPEDITED DUE PROCESS AND SCREENING FOR 

2 UNACCOMPANIED ALIEN CHILDREN. 

3 (a) HUMANE AND EXPEDITED INSPECTION AND

4 SCREENING FOR UNACCOMPANIED ALIEN CHILDREN.— 

5 (1) IN GENERAL.—Chapter 4 of title II of the 

6 Immigration and Nationality Act (8 U.S.C. 1221 et 

7 seq.) is amended by inserting after section 235A the 

8 following: 

9 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 

10 SCREENING FOR UNACCOMPANIED ALIEN 

11 CHILDREN. 

12 ‘‘(a) ASYLUM OFFICER DEFINED.—In this section, 

13 the term ‘asylum officer’ means an immigration officer 

14 who— 

15 ‘‘(1) has had professional training in country 

16 conditions, asylum law, and interview techniques 

17 comparable to that provided to full-time adjudicators 

18 of applications under section 208; and 

19 ‘‘(2) is supervised by an officer who— 

20 ‘‘(A) meets the condition described in 

21 paragraph (1); and 

22 ‘‘(B) has had substantial experience adju23 dicating applications under section 208. 

24 ‘‘(b) PROCEEDING.— 

25 ‘‘(1) IN GENERAL.—Not later than 7 days after 

26 the screening of an unaccompanied alien child under 


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1 section 235(a)(5) of the William Wilberforce Traf2 ficking Victims Protection Reauthorization Act of 

3 2008 (8 U.S.C. 1232(a)(5)), an immigration judge 

4 shall— 

5 ‘‘(A) conduct and conclude a proceeding to 

6 inspect, screen, and determine the status of the 

7 unaccompanied alien child who is an applicant 

8 for admission to the United States; and 

9 ‘‘(B) in the case of an unaccompanied 

10 alien child seeking asylum, conduct fact finding 

11 to determine whether the unaccompanied alien 

12 child meets the definition of an unaccompanied 

13 alien child under section 235(g) of the William 

14 Wilberforce Trafficking Victims Protection Re15 authorization Act of 2008 (8 U.S.C. 1232(g)). 

16 ‘‘(2) TIME LIMIT.—Not later than 72 hours 

17 after the conclusion of a proceeding with respect to 

18 an unaccompanied alien child under this section, the 

19 immigration judge who conducted such proceeding 

20 shall issue an order pursuant to subsection (e). 

21 ‘‘(c) CONDUCT OF PROCEEDING.— 

22 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— 

23 The immigration judge conducting a proceeding 

24 under this section— 


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1 ‘‘(A) shall administer oaths, receive evi2 dence, and interrogate, examine, and cross-ex3 amine the unaccompanied alien child and any 

4 witnesses; 

5 ‘‘(B) is authorized to sanction by civil 

6 money penalty any action (or inaction) in con7 tempt of the judge’s proper exercise of author8 ity under this Act; and 

9 ‘‘(C) shall determine whether the unaccom10 panied alien child meets any of the criteria set 

11 out in subparagraphs (A) through (I) of para12 graph (3) of section 235(a) of the William Wil13 berforce Trafficking Victims Protection Reau14 thorization Act of 2008 (8 U.S.C. 1232(a)), 

15 and if so, order the alien removed under sub16 section (e)(2) of this section. 

17 ‘‘(2) FORM OF PROCEEDING.—A proceeding 

18 under this section may take place— 

19 ‘‘(A) in person; 

20 ‘‘(B) at a location agreed to by the parties, 

21 in the absence of the unaccompanied alien child; 

22 ‘‘(C) through video conference; or 

23 ‘‘(D) through telephone conference. 

24 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti25 cable by reason of the mental incompetency of the 


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1 unaccompanied alien child for the alien to be present 

2 at the proceeding, the Attorney General shall pre3 scribe safeguards to protect the rights and privileges 

4 of the alien. 

5 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 

6 under this section— 

7 ‘‘(A) the unaccompanied alien child shall 

8 be provided access to counsel in accordance 

9 with section 235(c)(5) of the William Wilber10 force Trafficking Victims Protection Reauthor11 ization Act of 2008 (8 U.S.C. 1232(c)(5)); 

12 ‘‘(B) the alien shall be given a reasonable 

13 opportunity— 

14 ‘‘(i) to examine the evidence against 

15 the alien; 

16 ‘‘(ii) to present evidence on the alien’s 

17 own behalf; and 

18 ‘‘(iii) to cross-examine witnesses pre19 sented by the Government; 

20 ‘‘(C) the rights set forth in subparagraph 

21 (B) shall not entitle the alien— 

22 ‘‘(i) to examine such national security 

23 information as the Government may prof24 fer in opposition to the alien’s admission to 

25 the United States; or 


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1 ‘‘(ii) to an application by the alien for 

2 discretionary relief under this Act; and 

3 ‘‘(D) a complete record shall be kept of all 

4 testimony and evidence produced at the pro5 ceeding. 

6 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD7 MISSION.—An unaccompanied alien child applying 

8 for admission to the United States may, and at any 

9 time prior to the issuance of a final order of re10 moval, be permitted to withdraw the application and 

11 immediately be returned to the alien’s country of na12 tionality or country of last habitual residence. 

13 ‘‘(6) CONSEQUENCES OF FAILURE TO AP14 PEAR.—An unaccompanied alien child who does not 

15 attend a proceeding under this section, shall be or16 dered removed, except under exceptional cir17 cumstances where the alien’s absence is the fault of 

18 the Government, a medical emergency, or an act of 

19 nature. 

20 ‘‘(d) DECISION AND BURDEN OF PROOF.— 

21 ‘‘(1) DECISION.— 

22 ‘‘(A) IN GENERAL.—At the conclusion of a 

23 proceeding under this section, the immigration 

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1 termine whether an unaccompanied alien child 

2 is likely to be— 

3 ‘‘(i) admissible to the United States; 

4 or 

5 ‘‘(ii) eligible for any form of relief 

6 from removal under this Act. 

7 ‘‘(B) EVIDENCE.—The determination of 

8 the immigration judge under subparagraph (A) 

9 shall be based only on the evidence produced at 

10 the hearing. 

11 ‘‘(2) BURDEN OF PROOF.— 

12 ‘‘(A) IN GENERAL.—In a proceeding under 

13 this section, an unaccompanied alien child who 

14 is an applicant for admission has the burden of 

15 establishing, by clear and convincing evidence, 

16 that the alien— 

17 ‘‘(i) is likely to be entitled to be law18 fully admitted to the United States or eli19 gible for any form of relief from removal 

20 under this Act; or 

21 ‘‘(ii) is lawfully present in the United 

22 States pursuant to a prior admission. 

23 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting 

24 the burden of proof under subparagraph (A)(ii), 

25 the alien shall be given access to— 


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1 ‘‘(i) the alien’s visa or other entry 

2 document, if any; and 

3 ‘‘(ii) any other records and docu4 ments, not considered by the Attorney 

5 General to be confidential, pertaining to 

6 the alien’s admission or presence in the 

7 United States. 

8 ‘‘(e) ORDERS.— 

9 ‘‘(1) PLACEMENT IN FURTHER PRO10 CEEDINGS.—If an immigration judge determines 

11 that the unaccompanied alien child has met the bur12 den of proof under subsection (d)(2), the immigra13 tion judge shall— 

14 ‘‘(A) order the alien to be placed in further 

15 proceedings in accordance with section 240; and 

16 ‘‘(B) order the Secretary of Homeland Se17 curity to place the alien on the U.S. Immigra18 tion and Customs Enforcement detained docket 

19 for purposes of carrying out such proceedings. 

20 ‘‘(2) ORDERS OF REMOVAL.—If an immigration 

21 judge determines that the unaccompanied alien child 

22 has not met the burden of proof required under sub23 section (d)(2), the judge shall order the alien re24 moved from the United States without further hear25 ing or review unless the alien claims— 


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1 ‘‘(A) an intention to apply for asylum 

2 under section 208; 

3 ‘‘(B) a fear of persecution; or 

4 ‘‘(C) a fear of torture. 

5 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom6 panied alien child described in paragraph (2) claims 

7 an intention to apply for asylum under section 208 

8 or a fear of persecution, or fear of torture, the immi9 gration judge shall order the alien referred for an 

10 interview by an asylum officer under subsection (f). 

11 ‘‘(f) ASYLUM INTERVIEWS.— 

12 ‘‘(1) CREDIBLE FEAR OF PERSECUTION DE13 FINED.—In this subsection, the term ‘credible fear 

14 of persecution’ means, after taking into account the 

15 credibility of the statements made by an unaccom16 panied alien child in support of the alien’s claim and 

17 such other facts as are known to the asylum officer, 

18 there is a significant possibility that the alien could 

19 establish eligibility for asylum under section 208 or 

20 for protection from removal based on Article 3 of the 

21 Convention Against Torture and Other Cruel, Inhu22 man or Degrading Treatment or Punishment. 

23 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy24 lum officer shall conduct the interviews of an unacVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 companied alien child referred under subsection 

2 (e)(3). 

3 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 

4 asylum officer determines at the time of the inter5 view that an unaccompanied alien child has a cred6 ible fear of persecution or torture, the alien shall be 

7 held in the custody of the Secretary for Health and 

8 Human Services pursuant to section 235(b) of the 

9 William Wilberforce Trafficking Victims Protection 

10 Reauthorization Act of 2008 (8 U.S.C. 1232(b)) 

11 during further consideration of the application for 

12 asylum. 

13 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

14 NO CREDIBLE FEAR OF PERSECUTION OR TOR15 TURE.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (C), if the asylum officer determines that 

18 an unaccompanied alien child does not have a 

19 credible fear of persecution or torture, the Sec20 retary shall order the alien removed from the 

21 United States without further hearing or re22 view. 

23 ‘‘(B) RECORD OF DETERMINATION.—The 

24 asylum officer shall prepare a written record of 


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1 a determination under subparagraph (A), which 

2 shall include— 

3 ‘‘(i) a summary of the material facts 

4 as stated by the alien; 

5 ‘‘(ii) such additional facts (if any) re6 lied upon by the asylum officer; 

7 ‘‘(iii) the asylum officer’s analysis of 

8 why, in light of such facts, the alien has 

9 not established a credible fear of persecu10 tion; and 

11 ‘‘(iv) a copy of the asylum officer’s 

12 interview notes. 

13 ‘‘(C) REVIEW OF DETERMINATION.— 

14 ‘‘(i) RULEMAKING.—The Attorney 

15 General shall establish, by regulation, a 

16 process by which an immigration judge will 

17 conduct a prompt review, upon the alien’s 

18 request, of a determination under subpara19 graph (A) that the alien does not have a 

20 credible fear of persecution. 

21 ‘‘(ii) MANDATORY COMPONENTS.— 

22 The review described in clause (i)— 

23 ‘‘(I) shall include an opportunity 

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1 ther in person or by telephonic or 

2 video connection; and 

3 ‘‘(II) shall be concluded as expe4 ditiously as possible, to the maximum 

5 extent practicable within 24 hours, 

6 but in no case later than 7 days after 

7 the date of the determination under 

8 subparagraph (A). 

9 ‘‘(D) MANDATORY PROTECTIVE CUS10 TODY.—Any alien subject to the procedures 

11 under this paragraph shall be held in the cus12 tody of the Secretary of Health and Human 

13 Services pursuant to section 235(b) of the Wil14 liam Wilberforce Trafficking Victims Protection 

15 Reauthorization Act of 2008 (8 U.S.C. 

16 1232(b))— 

17 ‘‘(i) pending a final determination of 

18 an application for asylum under this sub19 section; and 

20 ‘‘(ii) after a determination under this 

21 subsection that the alien does not have a 

22 credible fear of persecution or torture, 

23 until the alien is removed. 

24 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (f)(4)(C) and paragraph (2), a removal order 

3 entered in accordance with subsection (e)(2) or 

4 (f)(4)(A) is not subject to administrative appeal. 

5 ‘‘(2) RULEMAKING.—The Attorney General 

6 shall establish, by regulation, a process for the 

7 prompt review of an order under subsection (e)(2) 

8 against an alien who claims under oath, or as per9 mitted under penalty of perjury under section 1746 

10 of title 28, United States Code, after having been 

11 warned of the penalties for falsely making such 

12 claim under such conditions to have been— 

13 ‘‘(A) lawfully admitted for permanent resi14 dence; 

15 ‘‘(B) admitted as a refugee under section 

16 207; or 

17 ‘‘(C) granted asylum under section 208.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents in the first section of the Immigration and Na20 tionality Act is amended by inserting after the item 

21 relating to section 235A the following: 

‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.’’. 

22 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 

23 Section 242 of the Immigration and Nationality Act (8 

24 U.S.C. 1252) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘section 

3 235(b)(1))’’ and inserting ‘‘section 235(b)(1) or 

4 an order of removal issued to an unaccom5 panied alien child after proceedings under sec6 tion 235B)’’; and 

7 (B) in paragraph (2)— 

8 (i) by inserting ‘‘or section 235B’’ 

9 after ‘‘section 235(b)(1)’’ each place that 

10 term appears; and 

11 (ii) in subparagraph (A)— 

12 (I) in the subparagraph heading, 

13 by striking ‘‘235(b)(1).—’’ and insert14 ing ‘‘235(b)(1) AND 235B.—’’; and 

15 (II) in clause (iii), by striking 

16 ‘‘section 235(b)(1)(B),’’ and inserting 

17 ‘‘section 235(b)(1)(B) or 235B(f);’’; 

18 and 

19 (2) in subsection (e)— 

20 (A) in the subsection heading, striking 

21 ‘‘235(b)(1).—’’ and inserting ‘‘235(b)(1) OR

22 235B.—’’; 

23 (B) by inserting ‘‘or section 235B’’ after 

24 ‘‘section 235(b)(1)’’ each place that term ap25 pears; 


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1 (C) in subparagraph (2)(C), by inserting 

2 ‘‘or section 235B(g)’’ after ‘‘section 

3 235(b)(1)(C)’’; and 

4 (D) in subparagraph (3)(A), by inserting 

5 ‘‘or section 235B’’ after ‘‘section 235(b)’’. 

6 SEC. 323. CHILD WELFARE AND LAW ENFORCEMENT IN7 FORMATION SHARING. 

8 Section 235(b) of the William Wilberforce Trafficking 

9 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

10 1232(b)) is amended by adding at the end the following: 

11 ‘‘(5) INFORMATION SHARING.— 

12 ‘‘(A) IMMIGRATION STATUS.—If the Sec13 retary of Health and Human Services considers 

14 placement of an unaccompanied alien child with 

15 a potential sponsor, the Secretary of Homeland 

16 Security shall provide to the Secretary of 

17 Health and Human Services the immigration 

18 status of such potential sponsor prior to the 

19 placement of the unaccompanied alien child. 

20 ‘‘(B) OTHER INFORMATION.—The Sec21 retary of Health and Human Services shall pro22 vide to the Secretary of Homeland Security and 

23 the Attorney General upon request any relevant 

24 information related to an unaccompanied alien 

25 child who is or has been in the custody of the 


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1 Secretary of Health and Human Services, in2 cluding the location of the child and any person 

3 to whom custody of the child has been trans4 ferred, for any legitimate law enforcement ob5 jective, including enforcement of the immigra6 tion laws.’’. 

7 SEC. 324. ACCOUNTABILITY FOR CHILDREN AND TAX8 PAYERS. 

9 Section 235(b) of the William Wilberforce Trafficking 

10 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

11 1232(b)), as amended by section 323, is further amended 

12 by inserting at the end the following: 

13 ‘‘(6) INSPECTION OF FACILITIES.—The Inspec14 tor General of the Department of Health and 

15 Human Services shall conduct regular inspections of 

16 facilities utilized by the Secretary of Health and 

17 Human Services to provide care and custody of un18 accompanied alien children who are in the immediate 

19 custody of the Secretary to ensure that such facili20 ties are operated in the most efficient manner prac21 ticable. 

22 ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec23 retary of Health and Human Services shall ensure 

24 that facilities utilized to provide care and custody of 

25 unaccompanied alien children are operated efficiently 


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1 and at a rate of cost that is not greater than $500 

2 per day for each child housed or detained at such fa3 cility, unless the Secretary certifies that compliance 

4 with this requirement is temporarily impossible due 

5 to emergency circumstances.’’. 

6 SEC. 325. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN 

7 IN FORMAL REMOVAL PROCEEDING. 

8 (a) CUSTODY OF UNACCOMPANIED ALIEN CHIL9 DREN.—Section 235(c) of the William Wilberforce Traf10 ficking Victims Protection Reauthorization Act of 2008 (8 

11 U.S.C. 1232(c)) is amended— 

12 (1) in paragraph (2), by adding at the end the 

13 following: 

14 ‘‘(C) CHILDREN IN FORMAL REMOVAL

15 PROCEEDINGS.— 

16 ‘‘(i) LIMITATION ON PLACEMENT.— 

17 Notwithstanding any settlement or consent 

18 decree previously issued before date of en19 actment of the Building America’s Trust 

20 Act and section 236.3 of title 8, Code of 

21 Federal Regulations, or similar successor 

22 regulation, an unaccompanied alien child 

23 who has been placed in a proceeding under 

24 section 240 of the Immigration and Na25 tionality Act (8 U.S.C. 1229a) may not be 


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1 placed in the custody of a nongovernmental 

2 sponsor or otherwise released from the im3 mediate custody of the United States Gov4 ernment unless— 

5 ‘‘(I) the nongovernmental spon6 sor is a biological or adoptive parent 

7 or legal guardian of the alien child; 

8 ‘‘(II) the parent or legal guardian 

9 is legally present in the United States 

10 at the time of the placement; 

11 ‘‘(III) the parent or legal guard12 ian has undergone a mandatory bio13 metric criminal history check; 

14 ‘‘(IV) if the nongovernmental 

15 sponsor is the biological parent, the 

16 parent’s relationship to the alien child 

17 has been verified through DNA test18 ing conducted by the Secretary of 

19 Health and Human Services; 

20 ‘‘(V) if the nongovernmental 

21 sponsor is the adoptive parent, the 

22 parent’s relationship to the alien child 

23 has been verified with the judicial 

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1 tion decree by the Secretary of Health 

2 and Human Services; and 

3 ‘‘(VI) the Secretary of Health 

4 and Human Services has determined 

5 that the alien child is not a danger to 

6 self, danger to the community, or risk 

7 of flight. 

8 ‘‘(ii) EXCEPTIONS.—If the Secretary 

9 of Health and Human Services determines 

10 that an unaccompanied alien child is a vic11 tim of severe forms of trafficking in per12 sons (as defined in section 103 of the 

13 Trafficking Victims Protection Act of 2000 

14 (22 U.S.C. 7102)), a special needs child 

15 with a disability (as defined in section 3 of 

16 the Americans with Disabilities Act of 

17 1990 (42 U.S.C. 12102)), a child who has 

18 been a victim of physical or sexual abuse 

19 under circumstances that indicate that the 

20 child’s health or welfare has been signifi21 cantly harmed or threatened, or a child 

22 with mental health needs that require on23 going assistance from a social welfare 

24 agency, the alien child may be placed with 

25 a grandparent or adult sibling if the 


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1 grandparent or adult sibling meets the re2 quirements set out in subclauses (II), (III), 

3 and (IV) of clause (i). 

4 ‘‘(iii) MONITORING.— 

5 ‘‘(I) IN GENERAL.—In the case 

6 of an alien child who is 17 years of 

7 age or younger and is placed with a 

8 nongovernmental sponsor under sub9 paragraph (2)(C), such nongovern10 mental sponsor shall— 

11 ‘‘(aa) enroll in the alter12 native to detention program of 

13 U.S. Immigration and Customs 

14 Enforcement; and 

15 ‘‘(bb) continuously wear an 

16 electronic monitoring device while 

17 the alien child is in removal pro18 ceedings. 

19 ‘‘(II) PENALTY FOR MONITOR

20 TAMPERING.—If an electronic moni21 toring device required by subclause (I) 

22 is tampered with, the sponsor of the 

23 alien child shall be subject to a civil 

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1 itor is not functioning due to the tam2 pering, up to a maximum of $3,000. 

3 ‘‘(iv) EFFECT OF VIOLATION OF CON4 DITIONS.—The Secretary of Health and 

5 Human Services shall remove an unaccom6 panied alien child from a sponsor if the 

7 sponsor violates the terms of the agree8 ment specifying the conditions under which 

9 the alien was placed with the sponsor. 

10 ‘‘(v) FAILURE TO APPEAR.— 

11 ‘‘(I) CIVIL PENALTY.—If an un12 accompanied alien child is placed with 

13 a sponsor and fails to appear in a 

14 mandatory court appearance, the 

15 sponsor shall be subject to a civil pen16 alty of $250 for each day until the 

17 alien appears in court, up to a max18 imum of $5,000. 

19 ‘‘(II) BURDEN OF PROOF.—The 

20 sponsor is not subject to the penalty 

21 imposed under subclause (I) if the 

22 sponsor— 

23 ‘‘(aa) appears in person and 

24 proves to the immigration court 

25 that the failure to appear by the 


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1 unaccompanied alien child was 

2 not the fault of the sponsor; and 

3 ‘‘(bb) supplies the immigra4 tion court with documentary evi5 dence that supports the assertion 

6 described in item (aa). 

7 ‘‘(vi) PROHIBITION ON PLACEMENT

8 WITH SEX OFFENDERS AND HUMAN TRAF9 FICKERS.—The Secretary of Health and 

10 Human Services may not place an unac11 companied alien child under this subpara12 graph in the custody of an individual who 

13 has been convicted of, or the Secretary has 

14 reason to believe was otherwise involved in 

15 the commission of— 

16 ‘‘(I) a sex offense (as defined in 

17 section 111 of the Sex Offender Reg18 istration and Notification Act (42 

19 U.S.C. 16911)); 

20 ‘‘(II) a crime involving severe 

21 forms of trafficking in persons (as de22 fined in section 103 of the Trafficking 

23 Victims Protection Act of 2000 (22 

24 U.S.C. 7102)); or 


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1 ‘‘(III) an offense under Federal, 

2 State, or Tribal law, that has, as an 

3 element, the use or attempted use of 

4 physical force or the threatened use of 

5 physical force or a deadly weapon. 

6 ‘‘(vii) REQUIREMENTS OF CRIMINAL

7 BACKGROUND CHECK.—A biometric crimi8 nal history check required by clause 

9 (i)(III) shall be conducted using a set of 

10 fingerprints or other biometric identifier 

11 through— 

12 ‘‘(I) the Federal Bureau of Inves13 tigation; 

14 ‘‘(II) criminal history repositories 

15 of all States that the individual lists 

16 as current or former residences; and 

17 ‘‘(III) any other State or Federal 

18 database or repository that the Sec19 retary of Health and Human Services 

20 determines is appropriate.’’. 

21 (b) HOME STUDIES AND FOLLOW-UP SERVICES FOR

22 UNACCOMPANIED ALIEN CHILDREN.—Section 235(c) of 

23 the William Wilberforce Trafficking Victims Protection 

24 Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amend25 ed in paragraph (3) by— 


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1 (1) redesignating subparagraph (C) as (D); and 

2 (2) by amending subparagraph (B) to read as 

3 follows: 

4 ‘‘(B) HOME STUDIES.— 

5 ‘‘(i) IN GENERAL.—Before placing the 

6 child with an individual, the Secretary of 

7 Health and Human Services shall first de8 termine whether a home study is nec9 essary. 

10 ‘‘(ii) REQUIRED HOME STUDIES.—A 

11 home study shall be conducted for a 

12 child— 

13 ‘‘(I) who is a victim of a severe 

14 form of trafficking in persons, a spe15 cial needs child with a disability (as 

16 defined in section 12102 of title 42); 

17 ‘‘(II) who has been a victim of 

18 physical or sexual abuse under cir19 cumstances that indicate that the 

20 child’s health or welfare has been sig21 nificantly harmed or threatened; or 

22 ‘‘(III) whose proposed sponsor 

23 clearly presents a risk of abuse, mal24 treatment, exploitation, or trafficking 


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1 to the child based on all available ob2 jective evidence. 

3 ‘‘(C) FOLLOW-UP SERVICES AND ADDI4 TIONAL HOME STUDIES.— 

5 ‘‘(i) PENDENCY OF REMOVAL PRO6 CEEDINGS.—Every six months, the Sec7 retary of Health and Human Services shall 

8 conduct follow-up services for children for 

9 whom a home study was conducted and 

10 who were placed with a nongovernmental 

11 sponsor until initial removal proceedings 

12 have been completed and the immigration 

13 judge has issued an order of removal, 

14 granted voluntary departure under section 

15 240B, or granted the alien relief from re16 moval. 

17 ‘‘(ii) CHILDREN WITH MENTAL

18 HEALTH OR OTHER NEEDS.—Every six 

19 months, for up to two years from the date 

20 of placement with a nongovernmental 

21 sponsor, he Secretary of Health and 

22 Human Services shall conduct follow-up 

23 services for children with mental health 

24 needs or other needs that could benefit 


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1 from ongoing assistance from a social wel2 fare agency. 

3 ‘‘(iii) CHILDREN AT RISK.—Every six 

4 months, for up to two years from the date 

5 of placement with a nongovernmental 

6 sponsor, the Secretary of Health and 

7 Human Services shall conduct home stud8 ies and follow-up services, including 

9 partnering with local community programs 

10 that focus on early am and after-school 

11 programs for at risk children who need a 

12 secure environment to engage in studying, 

13 training, and skills-building programs and 

14 who are at risk for recruitment by criminal 

15 gangs or other transnational criminal orga16 nizations in the United States.’’. 

17 (c) CLARIFICATION OF SPECIAL IMMIGRANT JUVE18 NILE DEFINITION.—Section 101(a)(27)(J) of the Immi19 gration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is 

20 amended— 

21 (1) by amending subparagraph (i) to read as 

22 follows: 

23 ‘‘(i) who, before reaching 18 years of 

24 age, was declared dependent on a juvenile 

25 court located in the United States or whom 


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1 such a court has legally committed to, or 

2 placed under the custody of, an agency or 

3 department of a State, or an individual or 

4 entity appointed by a State or juvenile 

5 court located in the United States, and 

6 whose reunification with either parent of 

7 the immigrant is not viable due to abuse, 

8 neglect, abandonment, or a similar basis 

9 found under State law;’’; 

10 (2) in subparagraph (ii), by striking ‘‘and’’ at 

11 the end; 

12 (3) in subparagraph (iii)(II), by inserting 

13 ‘‘and’’ at the end; and 

14 (4) by adding at the end the following: 

15 ‘‘(iv) in whose case the Secretary of 

16 Homeland Security has made the deter17 mination that the alien is an unaccom18 panied alien child (as defined in section 

19 462(g) of the Homeland Security Act of 

20 2002 (6 U.S.C. 279(g))).’’. 


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1 SEC. 326. FRAUD IN CONNECTION WITH THE TRANSFER OF 

2 CUSTODY OF UNACCOMPANIED ALIEN CHIL3 DREN. 

4 (a) IN GENERAL.—Chapter 47 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 1041. Fraud in connection with the transfer of cus8 tody of unaccompanied alien children 

9 ‘‘(a) IN GENERAL.—It shall be unlawful for a person 

10 to obtain custody of an unaccompanied alien child (as de11 fined in section 462(g) of the Homeland Security Act of 

12 2002 (6 U.S.C. 279(g)))— 

13 ‘‘(1) by making any materially false, fictitious, 

14 or fraudulent statement or representation; or 

15 ‘‘(2) by making or using any false writing or 

16 document knowing the same to contain any materi17 ally false, fictitious, or fraudulent statement or 

18 entry. 

19 ‘‘(b) PENALTIES.— 

20 ‘‘(1) IN GENERAL.—Any person who violates, or 

21 attempts or conspires to violate, this section shall be 

22 fined under this title and imprisoned for not less 

23 than 1 year. 

24 ‘‘(2) ENHANCED PENALTY FOR TRAF25 FICKING.—If the primary purpose of the violation, 

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1 tion was to subject the child to sexually explicit ac2 tivity or any other form of exploitation, the offender 

3 shall be fined under this title and imprisoned for not 

4 less than 15 years.’’. 

5 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

6 sections for chapter 47 of title 18, United States Code, 

7 is amended by inserting after the item relating to section 

8 1040 the following: 

‘‘Sec. 1041. Fraud in connection with the transfer of custody of unaccompanied 

alien children.’’. 

9 SEC. 327. NOTIFICATION OF STATES AND FOREIGN GOV10 ERNMENTS, REPORTING, AND MONITORING. 

11 (a) NOTIFICATION.—Section 235 of the William Wil12 berforce Trafficking Victims Protection Reauthorization 

13 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

14 the end the following: 

15 ‘‘(j) NOTIFICATION TO STATES.— 

16 ‘‘(1) PRIOR TO PLACEMENT.—The Secretary of 

17 Homeland Security or the Secretary of Health and 

18 Human Services shall notify the Governor of a State 

19 not later than 48 hours prior to the placement of an 

20 unaccompanied alien child from in custody of such 

21 Secretary in the care of a facility or sponsor in such 

22 State. 

23 ‘‘(2) INITIAL REPORTS.—Not later than 60 

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1 tecting Children and America’s Homeland Act of 

2 2017, the Secretary of Health and Human Services 

3 shall submit a report to the Governor of each State 

4 in which an unaccompanied alien child was dis5 charged to a sponsor or placed in a facility while re6 maining in the legal custody of the Secretary during 

7 the period beginning October 1, 2013 and ending on 

8 the date of the enactment of the Protecting Children 

9 and America’s Homeland Act of 2017. 

10 ‘‘(3) MONTHLY REPORTS.—The Secretary of 

11 Health and Human Services shall submit a monthly 

12 report to the Governor of each State in which, dur13 ing the reporting period, unaccompanied alien chil14 dren were discharged to a sponsor or placed in a fa15 cility while remaining in the legal custody of the 

16 Secretary of Health and Human Services. 

17 ‘‘(4) CONTENTS.—Each report required to be 

18 submitted to the Governor of a State under para19 graph (2) or (3) shall identify the number of unac20 companied alien children placed in the State during 

21 the reporting period, disaggregated by— 

22 ‘‘(A) the locality in which the aliens were 

23 placed; and 

24 ‘‘(B) the age of such aliens. 


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1 ‘‘(k) NOTIFICATION OF FOREIGN COUNTRY.—The 

2 Secretary of Homeland Security shall provide information 

3 regarding each unaccompanied alien child to the govern4 ment of the country of which the child is a national to 

5 assist such government with the identification and reunifi6 cation of such child with their parent or other qualifying 

7 relative. 

8 ‘‘(l) MONITORING REQUIREMENT.—The Secretary of 

9 Health and Human Services shall— 

10 ‘‘(1) require all sponsors to agree— 

11 ‘‘(A) to receive approval from the Sec12 retary of Health and Human Services prior to 

13 changing the location in which the sponsor is 

14 housing an unaccompanied alien child placed in 

15 the sponsor’s custody; and 

16 ‘‘(B) to provide a current address for the 

17 child and the reason for the change of address; 

18 ‘‘(2) provide regular and frequent monitoring of 

19 the physical and emotional well-being of each unac20 companied alien child who has been discharged to a 

21 sponsor or remained in the legal custody of the Sec22 retary until the child’s immigration case is resolved; 

23 and 

24 ‘‘(3) not later than 60 days after the date of 

25 the enactment of this Act, provide to Congress a 


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1 plan for implementing the requirements under para2 graphs (1) and (2).’’. 

3 SEC. 328. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

4 (a) DESIGNATION.—Not later than 14 days after the 

5 date of the enactment of this Act, the Attorney General 

6 shall designate up to 100 immigration judges, including 

7 through the hiring of retired immigration judges, mag8 istrate judges, or administrative law judges, or the reas9 signment of current immigration judges, that are dedi10 cated— 

11 (1) to conducting humane and expedited inspec12 tion and screening for unaccompanied alien children 

13 under section 235B of the Immigration and Nation14 ality Act, as added by section 322; or 

15 (2) to reducing existing backlogs in immigration 

16 court proceedings initiated under section 239 of the 

17 Immigration and Nationality Act (8 U.S.C. 1229). 

18 (b) REQUIREMENT.—The Attorney General shall en19 sure that sufficient immigration judge resources are dedi20 cated to the purpose described in subsection (a)(1) to com21 ply with the requirement under section 235B(b)(1) of the 

22 Immigration and Nationality Act, as added by section 322. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated $10,000,000 for each of the 

25 fiscal years 2018 through 2022 to implement this section. 


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1 SEC. 329. REPORTS TO CONGRESS. 

2 (a) REPORTS ON CARE OF UNACCOMPANIED ALIEN

3 CHILDREN.—Not later than September 30, 2019, the Sec4 retary of Health and Human Services shall submit to Con5 gress and make publically available a report that in6 cludes— 

7 (1) a detailed summary of the contracts in ef8 fect to care for and house unaccompanied alien chil9 dren, including the names and locations of contrac10 tors and the facilities being used; 

11 (2) the cost per day to care for and house an 

12 unaccompanied alien child, including an explanation 

13 of such cost; 

14 (3) the number of unaccompanied alien children 

15 who have been released to a sponsor, if any; 

16 (4) a list of the States to which unaccompanied 

17 alien children have been released from the custody of 

18 the Secretary of Health and Human Services to the 

19 care of a sponsor or placement in a facility; 

20 (5) the number of unaccompanied alien children 

21 who have been released to a sponsor who is not law22 fully present in the United States, including the 

23 country of nationality or last habitual residence and 

24 age of such children; 

25 (6) a determination of whether more than 1 un26 accompanied alien child has been released to the 


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1 same sponsor, including the number of children who 

2 were released to such sponsor; 

3 (7) an assessment of the extent to which the 

4 Secretary of Health and Human Services is moni5 toring the release of unaccompanied alien children, 

6 including home studies done and electronic moni7 toring devices used; 

8 (8) an assessment of the extent to which the 

9 Secretary of Health and Human Services is making 

10 efforts— 

11 (A) to educate unaccompanied alien chil12 dren about their legal rights; and 

13 (B) to provide unaccompanied alien chil14 dren with access to pro bono counsel; and 

15 (9) the extent of the public health issues of un16 accompanied alien children, including contagious dis17 eases, the benefits or medical services provided, and 

18 the outreach to States and localities about public 

19 health issues, that could affect the public. 

20 (b) REPORTS ON REPATRIATION AGREEMENTS.— 

21 Not later than September 30, 2018, the Secretary of State 

22 shall submit to Congress and make publically available a 

23 report that— 

24 (1) describes— 


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1 (A) any repatriation agreement for unac2 companied alien children in effect and a copy of 

3 such agreement; and 

4 (B) any such repatriation agreement that 

5 is being considered or negotiated; and 

6 (2) describes the funding provided to the 20 

7 countries that have the highest number of nationals 

8 entering the United States as unaccompanied alien 

9 children, including amounts provided— 

10 (A) to deter the nationals of each country 

11 from illegally entering the United States; and 

12 (B) to care for or reintegrate repatriated 

13 unaccompanied alien children in the country of 

14 nationality or last habitual residence. 

15 (c) REPORTS ON RETURNS TO COUNTRY OF NATION16 ALITY.—Not later than September 30, 2019, the Sec17 retary of Homeland Security shall submit to Congress and 

18 make publicly available a report that describes— 

19 (1) the number of unaccompanied alien children 

20 who have voluntarily returned to their country of na21 tionality or habitual residence, disaggregated by— 

22 (A) country of nationality or habitual resi23 dence; and 

24 (B) age of the unaccompanied alien chil25 dren; 


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1 (2) the number of unaccompanied alien children 

2 who have been returned to their country of nation3 ality or habitual residence, including assessment of 

4 the length of time such children were present in the 

5 United States; 

6 (3) the number of unaccompanied alien children 

7 who have not been returned to their country of na8 tionality or habitual residence pending travel docu9 ments or other requirements from such country, in10 cluding how long they have been waiting to return; 

11 and 

12 (4) the number of unaccompanied alien children 

13 who were granted relief in the United States, wheth14 er through asylum, any other immigration benefit or 

15 status, or deferred action. 

16 (d) REPORTS ON IMMIGRATION PROCEEDINGS.—Not 

17 later than September 30, 2019, and once every 3 months 

18 thereafter, the Secretary of Homeland Security, in coordi19 nation with the Director of the Executive Office for Immi20 gration Review, shall submit to Congress and make pub21 lically available a report that describes— 

22 (1) the number of unaccompanied alien children 

23 who, after proceedings under section 235(b) of the 

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1 tion 312, were returned to their country of nation2 ality or habitual residence, disaggregated by— 

3 (A) country of nationality or residence; and 

4 (B) age and gender of such aliens; 

5 (2) the number of unaccompanied alien children 

6 who, after proceedings under such section 235B, 

7 prove a claim of admissibility and are placed in pro8 ceedings under section 240 of the Immigration and 

9 Nationality Act (8 U.S.C. 1229a); 

10 (3) the number of unaccompanied alien children 

11 who fail to appear at a removal hearing that such 

12 alien was required to attend; 

13 (4) the number of sponsors who were levied a 

14 penalty, including the amount and whether the pen15 alty was collected, for the failure of an unaccom16 panied alien child to appear at a removal hearing; 

17 and 

18 (5) the number of aliens that are classified as 

19 unaccompanied alien children, the ages and coun20 tries of nationality of such children, and the orders 

21 issued by the immigration judge at the conclusion of 

22 proceedings under such section 235B for such chil23 dren. 


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1 TITLE IV—PENALTIES FOR 

2 SMUGGLING, DRUG TRAF3 FICKING, HUMAN TRAF4 FICKING, TERRORISM, AND 

5 ILLEGAL ENTRY AND RE6 ENTRY; BARS TO READMIS7 SION OF REMOVED ALIENS 

8 SEC. 401. DANGEROUS HUMAN SMUGGLING, HUMAN TRAF9 FICKING, AND HUMAN RIGHTS VIOLATIONS. 

10 (a) CRIMINAL PENALTIES FOR HUMAN SMUGGLING

11 AND TRAFFICKING.—Section 274(a) of the Immigration 

12 and Nationality Act (8 U.S.C. 1324(a)) is amended— 

13 (1) in paragraph (1)(B)— 

14 (A) by redesignating clauses (iii) and (iv) 

15 as clauses (vi) and (vii), respectively; 

16 (B) in clause (vi), as redesignated, by in17 serting ‘‘for not less than 10 years and’’ before 

18 ‘‘not more than 20 years,’’; and 

19 (C) by inserting after clause (ii) the fol20 lowing: 

21 ‘‘(iii) in the case of a violation of sub22 paragraph (A)(i), (ii), (iii), (iv), or (v) that 

23 is the third or subsequent violation com24 mitted by such person under this section, 

25 shall be fined under title 18, imprisoned 


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1 for not less than 5 years and not more 

2 than 25 years, or both; 

3 ‘‘(iv) in the case of a violation of sub4 paragraph (A)(i), (ii), (iii), (iv), or (v) that 

5 recklessly, knowingly, or intentionally re6 sults in a victim being involuntarily forced 

7 into labor or prostitution, shall be fined 

8 under title 18, imprisoned for not less than 

9 5 years and not more than 25 years, or 

10 both; 

11 ‘‘(v) in the case of a violation of sub12 paragraph (A)(i),(ii),(iii),(iv),or (v) during 

13 and in relation to which any person is sub14 jected to an involuntary sexual act (as de15 fined in section 2246(2) of title 18), be 

16 fined under title 18, imprisoned for not 

17 less than 5 years and not more than 25 

18 years, or both;’’and 

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

20 ‘‘(5) Any person who, knowing that a person is an 

21 alien in unlawful transit from one country to another or 

22 on the high seas, transports, moves, harbors, conceals, or 

23 shields from detection such alien outside of the United 

24 States when the alien is seeking to enter the United States 

25 without official permission or legal authority, shall for, 


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1 each alien in respect to whom a violation of this paragraph 

2 occurs, be fined under title 18, United States Code, im3 prisoned not more than 10 years, or both.’’. 

4 (b) SEIZURE AND FORFEITURE.—Section 274(b)(1) 

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

6 1324(b)(1)) is amended to read as follows: 

7 ‘‘(1) IN GENERAL.—Any property, real or per8 sonal, involved in or used to facilitate the commis9 sion of a violation or attempted violation of sub10 section (a), the gross proceeds of such violation or 

11 attempted violation, and any property traceable to 

12 such property or proceeds, shall be seized and sub13 ject to forfeiture.’’. 

14 (c) STATUTE OF LIMITATIONS FOR FRAUD OF15 FENSES INVOLVING CERTAIN HUMAN RIGHTS VIOLA16 TIONS OR WAR CRIMES.— 

17 (1) IN GENERAL.—Chapter 213 of title 18, 

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN 

21 RIGHTS VIOLATIONS OR WAR CRIMES. 

22 ‘‘(a) IN GENERAL.—Unless the indictment is found 

23 or the information is instituted within 10 years after the 

24 commission of the offense, no person shall be prosecuted, 

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1 tion 1001, 1015, 1546, or 1621, or for attempt or con2 spiracy to violate any of such provisions, when the viola3 tion, attempt, or conspiracy concerns the alleged offend4 er’s— 

5 ‘‘(1) participation, at any time, at any place, 

6 and irrespective of the nationality of the alleged of7 fender or any victim, in a human rights violation or 

8 war crime; or 

9 ‘‘(2) membership in, service in, or authority 

10 over, a military, paramilitary, or police organization 

11 that participated in such conduct during any part of 

12 any period in which the alleged offender was a mem13 ber of, served in, or had authority over, the organi14 zation. 

15 ‘‘(b) DEFINITIONS.—For purposes of this section— 

16 ‘‘(1) the term ‘extrajudicial killing under color 

17 of foreign law’ means conduct specified in section 

18 212(a)(3)(E)(iii) of the Immigration and Nationality 

19 Act (8 U.S.C. 1182(a)(3)(E)(iii)); 

20 ‘‘(2) the term ‘female genital mutilation’ means 

21 conduct described in section 116; 

22 ‘‘(3) the term ‘genocide’ means conduct de23 scribed in section 1091(a); 

24 ‘‘(4) the term ‘human rights violation or war 

25 crime’ means genocide, incitement to genocide, war 


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1 crimes, torture, female genital mutilation, 

2 extrajudicial killing under color of foreign law, perse3 cution, particularly severe violations of religious free4 dom by a foreign government official, or the use or 

5 recruitment of child soldiers; 

6 ‘‘(5) the term ‘incitement to genocide’ means 

7 conduct described in section 1091(c); 

8 ‘‘(6) the term ‘particularly severe violations of 

9 religious freedom’ has the meaning given such term 

10 in section 3(13) of the International Religious Free11 dom Act of 1998 (22 U.S.C. 6402(13)); 

12 ‘‘(7) the term ‘persecution’ means conduct de13 scribed in section 208(b)(2)(A)(i) of the Immigra14 tion and Nationality Act (8 U.S.C. 

15 1158(b)(2)(A)(i)); 

16 ‘‘(8) the term ‘torture’ means conduct described 

17 in paragraph (1) or (2) of section 2340; 

18 ‘‘(9) the term ‘use or recruitment of child sol19 diers’ means conduct described in section 2442(a); 

20 and 

21 ‘‘(10) the term ‘war crimes’ means conduct de22 scribed in section 2441.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 213 of title 18, 


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1 United States Code, is amended by adding at the 

2 end the following: 

‘‘3302. Fraud in connection with certain human rights violations or war 

crimes.’’. 

3 (3) APPLICATION.—The amendments made by 

4 this section shall apply to any offense committed on 

5 or after the date of the enactment of this Act. 

6 SEC. 402. PUTTING THE BRAKES ON HUMAN SMUGGLING 

7 ACT. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Putting the Brakes on Human Smuggling Act’’. 

10 (b) FIRST VIOLATION.—Section 31310(b)(1) of title 

11 49, United States Code, is amended— 

12 (1) in subparagraph (D), by striking the ‘‘or’’ 

13 at the end; 

14 (2) in subparagraph (E), by striking the period 

15 at the end and inserting a semicolon; and 

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

17 ‘‘(F) using a commercial motor vehicle in will18 fully aiding or abetting an alien’s illegal entry into 

19 the United States by transporting, guiding, direct20 ing, or attempting to assist the alien with the alien’s 

21 entry in violation of section 275 of the Immigration 

22 and Nationality Act (8 U.S.C. 1325), regardless of 

23 whether the alien is ultimately fined or imprisoned 

24 for an act in violation of such section; or 


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1 ‘‘(G) using a commercial motor vehicle in will2 fully aiding or abetting the transport of controlled 

3 substances, monetary instruments, bulk cash, or 

4 weapons by any individual departing the United 

5 States.’’. 

6 (c) SECOND OR MULTIPLE VIOLATIONS.—Section 

7 31310(c)(1) of title 49, United States Code, is amended— 

8 (1) in subparagraph (E), by striking the ‘‘or’’ 

9 at the end; 

10 (2) by redesignating subparagraph (F) as sub11 paragraph (H); 

12 (3) in subparagraph (H), as redesignated, by 

13 striking ‘‘(E)’’ and inserting ‘‘(F)’’; and 

14 (4) by inserting after subparagraph (E) the fol15 lowing: 

16 ‘‘(F) using a commercial motor vehicle on more 

17 than one occasion in willfully aiding or abetting an 

18 alien’s illegal entry into the United States by trans19 porting, guiding, directing and attempting to assist 

20 the alien with the alien’s entry in violation of section 

21 275 of the Immigration and Nationality Act (8 

22 U.S.C. 1325), regardless of whether the alien is ulti23 mately fined or imprisoned for an act in violation of 

24 such section; 


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1 ‘‘(G) using a commercial motor vehicle in will2 fully aiding or abetting the transport of controlled 

3 substances, monetary instruments, bulk cash, or 

4 weapons by any individual departing the United 

5 States; or’’. 

6 (d) LIFETIME DISQUALIFICATION.—Section 

7 31310(d) of title 49, United States Code, is amended to 

8 read as follows: 

9 ‘‘(d) LIFETIME DISQUALIFICATION.—The Secretary 

10 shall disqualify from operating a commercial motor vehicle 

11 for life an individual who uses a commercial motor vehi12 cle— 

13 ‘‘(1) in committing a felony involving manufac14 turing, distributing, or dispensing a controlled sub15 stance, or possession with intent to manufacture, 

16 distribute, or dispense a controlled substance; 

17 ‘‘(2) in committing an act for which the indi18 vidual is convicted under— 

19 ‘‘(A) section 274 of the Immigration and 

20 Nationality Act (8 U.S.C. 1324); or 

21 ‘‘(B) section 277 of such Act (8 U.S.C. 

22 1327); or 

23 ‘‘(3) in willfully aiding or abetting the transport 

24 of controlled substances, monetary instruments, bulk 


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1 cash, and weapons by any individual departing the 

2 United States.’’. 

3 (e) REPORTING REQUIREMENTS.— 

4 (1) COMMERCIAL DRIVER’S LICENSE INFORMA5 TION SYSTEM.—Section 31309(b)(1) of title 49, 

6 United States Code, is amended— 

7 (A) in subparagraph (E), by striking 

8 ‘‘and’’ at the end; 

9 (B) in subparagraph (F), by striking the 

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

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

12 ‘‘(G) whether the operator was disquali13 fied, either temporarily or for life, from oper14 ating a commercial motor vehicle under section 

15 31310, including under subsection (b)(1)(F), 

16 (c)(1)(F), or (d) of such section.’’. 

17 (2) NOTIFICATION BY THE STATE.—Section 

18 31311(a)(8) of title 49, United States Code, is 

19 amended by inserting ‘‘including such a disqualifica20 tion, revocation, suspension, or cancellation made 

21 pursuant to a disqualification under subsection 

22 (b)(1)(F), (c)(1)(F), or (d) of section 31310,’’ after 

23 ‘‘60 days,’’. 


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1 SEC. 403. DRUG TRAFFICKING AND CRIMES OF VIOLENCE 

2 COMMITTED BY ILLEGAL ALIENS. 

3 (a) IN GENERAL.—Title 18, United States Code, is 

4 amended by inserting after chapter 27 the following: 

5 ‘‘CHAPTER 28—DRUG TRAFFICKING AND 

6 CRIMES OF VIOLENCE COMMITTED BY 

7 ILLEGAL ALIENS 

‘‘581. Enhanced penalties for drug trafficking and crimes committed by illegal 

aliens. 

8 ‘‘§ 581. Enhanced penalties for drug trafficking and 

9 crimes committed by illegal aliens 

10 ‘‘(a) OFFENSE.—Any alien unlawfully present in the 

11 United States, who commits, conspires to commit, or at12 tempts to commit a an offense under Federal, State, or 

13 Tribal law, that has, as an element, the use or attempted 

14 use of physical force or the threatened use of physical 

15 force or a deadly weapon or a drug trafficking crime (as 

16 defined in section 924) shall be fined under this title im17 prisoned for not less than 5 years, or both. 

18 ‘‘(b) ENHANCED PENALTIES FOR ALIENS ORDERED

19 REMOVED.—Any alien unlawfully present in the United 

20 States who violates subsection (a) and was ordered re21 moved under the Immigration and Nationality Act (8 

22 U.S.C. 1101 et seq.) on the grounds of having committed 

23 a crime before the violation of subsection (a), shall be 


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1 fined under this title, imprisoned for not less than 15 

2 years, or both. 

3 ‘‘(c) REQUIREMENT FOR CONSECUTIVE SEN4 TENCES.—Any term of imprisonment imposed under this 

5 section shall be consecutive to any term imposed for any 

6 other offense.’’. 

7 (b) CLERICAL AMENDMENT.—The table of chapters 

8 at the beginning of part I of title 18, United States Code, 

9 is amended by inserting after the item relating to chapter 

10 27 the following: 

‘‘28 . Drug trafficking and crimes of violence committed by illegal 

aliens ............................................................................. 581’’. 

11 SEC. 404. ESTABLISHING INADMISSIBILITY AND DEPORT12 ABILITY. 

13 (a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 

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

15 1182(a)(2)(A)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(iii) CONSIDERATION OF OTHER EVI18 DENCE.—If the conviction records do not 

19 conclusively establish whether a crime con20 stitutes a crime involving moral turpitude, 

21 the Secretary of Homeland Security may 

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1 loquies, jury instructions, police reports, 

2 that clearly establishes that the conduct 

3 for which the alien was engaged constitutes 

4 a crime involving moral turpitude.’’. 

5 (b) DEPORTABLE ALIENS.— 

6 (1) GENERAL CRIMES.—Section 237(a)(2)(A) 

7 of such Act (8 U.S.C. 1227(a)(2)(A)) is amended— 

8 (A) by redesignating clause (vi) as clause 

9 (vii) and inserting after clause (iv) the fol10 lowing: 

11 ‘‘(v) CRIMES INVOLVING MORAL TUR12 PITUDE.—If the conviction records do not 

13 conclusively establish whether a crime con14 stitutes a crime involving moral turpitude, 

15 the Secretary of Homeland Security may 

16 consider other evidence related to the con17 viction, including but not limited to charg18 ing documents, plea agreements, plea col19 loquies, jury instructions, police reports, 

20 that clearly establishes that the conduct 

21 for which the alien was engaged constitutes 

22 a crime involving moral turpitude.’’. 

23 (2) DOMESTIC VIOLENCE.—Section 

24 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) 

25 is amended by adding at the end the following: 


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1 ‘‘(iii) CRIME OF VIOLENCE.—If the 

2 conviction records do not conclusively es3 tablish whether a crime of domestic vio4 lence constitutes a crime of violence or an 

5 offense under Federal, State, or Tribal 

6 law, that has, as an element, the use or at7 tempted use of physical force or the threat8 ened use of physical force or a deadly 

9 weapon, the Secretary of Homeland Secu10 rity may consider other evidence related to 

11 the conviction, including but not limited to 

12 charging documents, plea agreements, plea 

13 colloquies, jury instructions, police reports, 

14 that clearly establishes that the conduct 

15 for which the alien was engaged constitutes 

16 a crime of violence or an offense under 

17 Federal, State, or Tribal law, that has, as 

18 an element, the use or attempted use of 

19 physical force or the threatened use of 

20 physical force or a deadly weapon.’’. 

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

22 this section shall take effect on the date of the enactment 

23 of this Act and shall apply to acts that occur before, on, 

24 or after the date of the enactment of this Act. 


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1 SEC. 405. PENALTIES FOR ILLEGAL ENTRY; ENHANCED 

2 PENALTIES FOR ENTERING WITH INTENT TO 

3 AID, ABET, OR COMMIT TERRORISM. 

4 (a) IN GENERAL.—Section 275 of the Immigration 

5 and Nationality Act (8 U.S.C. 1325) is amended by strik6 ing the section heading and subsections (a) and (b) and 

7 inserting the following: 

8 ‘‘SEC. 275. ILLEGAL ENTRY. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE11 FITS.—Any alien who— 

12 ‘‘(A) enters or crosses, or attempts to 

13 enter or cross, the border into the United 

14 States at any time or place other than as des15 ignated by immigration officers; 

16 ‘‘(B) eludes, at any time or place, examina17 tion or inspection by an authorized immigra18 tion, customs, or agriculture officer (including 

19 failing to stop at the command of such officer); 

20 or 

21 ‘‘(C) enters or crosses the border to the 

22 United States and, upon examination or inspec23 tion, makes a false or misleading representation 

24 or conceals a material fact, including such rep25 resentation or willful concealment in the context 

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1 quirements of the customs laws, immigration 

2 laws, agriculture laws, or shipping laws, 

3 shall be ineligible for all immigration benefits or re4 lief available under the Act and any other immigra5 tion laws, other than a request for asylum, with6 holding of removal under section 241(b)(3), or relief 

7 from removal based on a claim under the Convention 

8 Against Torture and Other Cruel, Inhuman or De9 grading Treatment or Punishment, done at New 

10 York, December 10, 1984. 

11 ‘‘(2) CRIMINAL OFFENSES.—An alien shall be 

12 subject to the penalties set forth in paragraph (3) if 

13 the alien— 

14 ‘‘(A) enters or crosses, or attempts to 

15 enter or cross, the border into the United 

16 States at any time or place other than as des17 ignated by immigration officers; 

18 ‘‘(B) eludes, at any time or place, examina19 tion or inspection by an authorized immigra20 tion, customs, or agriculture officer (including 

21 failing to stop at the command of such officer); 

22 or 

23 ‘‘(C) enters or crosses the border to the 

24 United States and, upon examination or inspec25 tion, makes a false or misleading representation 


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1 or conceals a material fact, including such rep2 resentation or concealment in the context of ar3 rival, reporting, entry, or clearance, require4 ments of the customs laws, immigration laws, 

5 agriculture laws, or shipping laws. 

6 ‘‘(3) CRIMINAL PENALTIES.—Any alien who 

7 violates any provision under paragraph (1)— 

8 ‘‘(A) shall, for the first violation, be fined 

9 under title 18, United States Code, imprisoned 

10 not more than 6 months, or both; 

11 ‘‘(B) shall, for a second or subsequent vio12 lation, or following an order of voluntary depar13 ture, be fined under such title, imprisoned not 

14 more than 2 years, or both; 

15 ‘‘(C) if the violation occurred after the 

16 alien had been convicted of 3 or more mis17 demeanors at least 1 of which involves con18 trolled substances, abuse of a minor, trafficking 

19 or smuggling, or any offense that could result 

20 in serious bodily harm or injury to another per21 son, a significant misdemeanor, or a felony, 

22 shall be fined under such title, imprisoned not 

23 more than 10 years, or both; 

24 ‘‘(D) if the violation occurred after the 

25 alien had been convicted of a felony for which 


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1 the alien received a term of imprisonment of 

2 not less than 30 months, shall be fined under 

3 such title, imprisoned not more than 15 years, 

4 or both; and 

5 ‘‘(E) if the violation occurred after the 

6 alien had been convicted of a felony for which 

7 the alien received a term of imprisonment of 

8 not less than 60 months, such alien shall be 

9 fined under such title, imprisoned not more 

10 than 20 years, or both. 

11 ‘‘(4) PRIOR CONVICTIONS.—The prior convic12 tions described in subparagraphs (C) through (E) of 

13 paragraph (3) are elements of the offenses described 

14 in that paragraph and the penalties in such subpara15 graphs shall apply only in cases in which the convic16 tion or convictions that form the basis for the addi17 tional penalty are— 

18 ‘‘(A) alleged in the indictment or informa19 tion; and 

20 ‘‘(B) proven beyond a reasonable doubt at 

21 trial; or 

22 ‘‘(C) admitted by the defendant. 

23 ‘‘(5) DURATION OF OFFENSES.—An offense 

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1 covered within the United States by an immigration, 

2 customs, or agriculture officer. 

3 ‘‘(6) ATTEMPT.—Whoever attempts to commit 

4 any offense under this section shall be punished in 

5 the same manner as for a completion of such of6 fense. 

7 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN8 ALTIES.— 

9 ‘‘(1) IN GENERAL.—Any alien who is appre10 hended while entering, attempting to enter, or cross11 ing or attempting to cross the border to the United 

12 States at a time or place other than as designated 

13 by immigration officers shall be subject to a civil 

14 penalty, in addition to any criminal or other civil 

15 penalties that may be imposed under any other pro16 vision of law, in an amount equal to— 

17 ‘‘(A) not less than $50 or more than $250 

18 for each such entry, crossing, attempted entry, 

19 or attempted crossing; or 

20 ‘‘(B) twice the amount specified in para21 graph (1) if the alien had previously been sub22 ject to a civil penalty under this subsection. 

23 ‘‘(2) CIVIL PENALTIES.—Civil penalties under 

24 paragraph (1) are in addition to, and not in lieu of, 


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1 any criminal or other civil penalties that may be im2 posed.’’. 

3 (b) ENHANCED PENALTIES.—Section 275 of the Im4 migration and Nationality Act, as amended by subsection 

5 (a), is further amended by adding at the end the following: 

6 ‘‘(e) ENHANCED PENALTY FOR TERRORIST

7 ALIENS.—Any alien who commits an offense described in 

8 subsection (a) for the purpose of engaging in, or with the 

9 intent to engage in, any Federal crime of terrorism (as 

10 defined in section 2332b(g) of title 18, United States 

11 Code) shall be imprisoned for not less than 10 years and 

12 not more than 30 years.’’. 

13 (c) CLERICAL AMENDMENT.—The table of contents 

14 in the first section of the Immigration and Nationality Act 

15 is amended by striking the item relating to section 275 

16 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

17 (d) APPLICATION.— 

18 (1) PRIOR CONVICTIONS.—Paragraph (4) of 

19 section 275(a) of the Immigration and Nationality 

20 Act, as amended by subsection (a), shall apply only 

21 to violations of paragraph (2) of such section 275(a) 

22 committed on or after the date of enactment of this 

23 Act. 

24 (2) BARS TO IMMIGRATION RELIEF AND BENE25 FITS.—Section 275(a)(1) of such Act, as amended 


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1 by subsection (a), shall take effect on the date of en2 actment and apply to any alien who, on or after the 

3 date of enactment— 

4 (A) enters or crosses, or attempts to enter 

5 or cross, the border into the United States at 

6 any time or place other than as designated by 

7 immigration officers; 

8 (B) eludes, at any time or place, examina9 tion or inspection by an authorized immigra10 tion, customs, or agriculture officer (including 

11 failing to stop at the command of such officer); 

12 or 

13 (C) enters or crosses the border to the 

14 United States and, upon examination or inspec15 tion, makes a false or misleading representation 

16 or conceals a material fact, including such rep17 resentation or concealment in the context of ar18 rival, reporting, entry, or clearance, require19 ments of the customs laws, immigration laws, 

20 agriculture laws, or shipping laws. 

21 SEC. 406. PENALTIES FOR REENTRY OF REMOVED ALIENS. 

22 (a) SHORT TITLES.—This section may be cited as the 

23 ‘‘Stop Illegal Reentry Act’’ or ‘‘Kate’s Law’’. 

24 (b) INCREASED PENALTIES FOR REENTRY OF RE25 MOVED ALIEN.— 


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1 (1) IN GENERAL.—Section 276 of the Immigra2 tion and Nationality Act (8 U.S.C. 1326) is amend3 ed to read as follows: 

4 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE7 FITS.—Any alien who— 

8 ‘‘(A) has been denied admission, excluded, 

9 deported, or removed or has departed the 

10 United States while an order of exclusion, de11 portation, or removal is outstanding; and there12 after 

13 ‘‘(B) enters, attempts to enter, crosses the 

14 border to, attempts to cross the border to, or is 

15 at any time found in, the United States, un16 less— 

17 ‘‘(i) the alien is seeking admission 

18 more than 10 years after the date of the 

19 alien’s last departure from the United 

20 States if, prior to the alien’s reembar21 kation at a place outside the United States 

22 or the alien’s application for admission 

23 from a foreign contiguous territory, the 

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1 pressly consented to such alien’s re2 applying for admission; or 

3 ‘‘(ii) with respect to an alien pre4 viously denied admission and removed, 

5 such alien establishes that the alien was 

6 not required to obtain such advance con7 sent under this Act or any prior Act, 

8 shall be ineligible for all immigration benefits or 

9 relief available under the Act and any other im10 migration laws, other than relief from removal 

11 based on a claim under the Convention Against 

12 Torture and Other Cruel, Inhuman or Degrad13 ing Treatment or Punishment, done at New 

14 York, December 10, 1984. 

15 ‘‘(2) CRIMINAL OFFENSES.—Any alien who— 

16 ‘‘(A) has been denied admission, deported, 

17 or removed or has departed the United States 

18 while an order of deportation, or removal is out19 standing; and 

20 ‘‘(B) after such denial, removal or depar21 ture, enters, attempts to enter, crosses the bor22 der to, attempts to cross the border to, or is at 

23 any time found in, the United States, unless— 

24 ‘‘(i) the alien is seeking admission 

25 more than 10 years after the date of the 


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1 alien’s last departure from the United 

2 States if, prior to the alien’s reembar3 kation at a place outside the United States 

4 or the alien’s application for admission 

5 from a foreign contiguous territory, the 

6 Secretary of Homeland Security has ex7 pressly consented to such alien’s re8 applying for admission; or 

9 ‘‘(ii) with respect to an alien pre10 viously denied admission and removed, 

11 such alien establishes that the alien was 

12 not required to obtain such advance con13 sent under this Act or any prior Act, 

14 ‘‘shall be fined under title 18, United States 

15 Code, or imprisoned not more than 5 years, or both. 

16 ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF CER17 TAIN REMOVED ALIENS.— 

18 ‘‘(1) REENTRY AFTER REMOVAL.—Notwith19 standing the penalty under subsection (a)(2), and 

20 except as provided in subsection (c), an alien de21 scribed in subsection (a)— 

22 ‘‘(A) who has been excluded from the 

23 United States pursuant to section 235(c) be24 cause the alien was excludable under section 

25 212(a)(3)(B) or who has been removed from 


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1 the United States pursuant to the provisions of 

2 title V, and who thereafter, without the permis3 sion of the Secretary of Homeland Security, en4 ters the United States, or attempts to do so, 

5 shall be fined under title 18, United States 

6 Code, and imprisoned for a period of 15 years, 

7 which sentence shall not run concurrently with 

8 any other sentence; 

9 ‘‘(B) who was removed from the United 

10 States pursuant to section 241(a)(4) and there11 after, without the permission of the Secretary 

12 of Homeland Security, enters, attempts to 

13 enter, or is at any time found in, the United 

14 States (unless the Secretary of Homeland Secu15 rity has expressly consented to such alien’s re16 entry) shall be fined under title 18, United 

17 States Code, imprisoned for not more than 15 

18 years, or both; and 

19 ‘‘(C) who has been denied admission, ex20 cluded, deported, or removed 2 or more times 

21 for any reason and thereafter enters, attempts 

22 to enter, crosses the border, attempts to cross 

23 the border, or is at any time found in the 

24 United States, shall be fined under title 18, 


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1 United States Code, imprisoned not more than 

2 15 years, or both. 

3 ‘‘(2) REENTRY OF CRIMINAL ALIENS AFTER RE4 MOVAL.—Notwithstanding the penalty under sub5 section (a), an alien described in subsection (a)— 

6 ‘‘(A) who was convicted, before the alien 

7 was subject to removal or departure, of a sig8 nificant misdemeanor shall be fined under title 

9 18, United States Code, imprisoned not more 

10 than 10 years, or both; 

11 ‘‘(B) who was convicted, before the alien 

12 was subject to removal or departure, of 2 or 

13 more misdemeanors involving drugs, crimes 

14 against the person, or both, shall be fined under 

15 title 18, United States Code, imprisoned not 

16 more than 10 years, or both; 

17 ‘‘(C) who was convicted, before the alien 

18 was subject to removal or departure, of 3 or 

19 more misdemeanors for which the alien was 

20 sentenced to a term of imprisonment of not less 

21 than 90 days for each offense, or 12 months in 

22 the aggregate, the alien shall be fined under 

23 title 18, United States Code, imprisoned not 

24 more than 10 years, or both; 


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1 ‘‘(D) who was convicted, before the alien 

2 was subject to removal or departure, of a felony 

3 for which the alien was sentenced to a term of 

4 imprisonment of not less than 30 months, the 

5 alien shall be fined under such title, imprisoned 

6 not more than 15 years, or both; 

7 ‘‘(E) who was convicted, before the alien 

8 was subject to removal or departure, of a felony 

9 for which the alien was sentenced to a term of 

10 imprisonment of not less than 60 months, the 

11 alien shall be fined under such title, imprisoned 

12 not more than 20 years, or both; 

13 ‘‘(F) who was convicted of 3 or more felo14 nies of any kind, the alien shall be fined under 

15 such title, imprisoned not more than 25 years, 

16 or both; and 

17 ‘‘(G) who was convicted, before the alien 

18 was subject to removal or departure or after 

19 such removal or departure, for murder, rape, 

20 kidnapping, or a felony offense described in 

21 chapter 77 (relating to peonage and slavery) or 

22 113B (relating to terrorism) of such title, the 

23 alien shall be fined under such title, imprisoned 

24 not more than 25 years, or both; 


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1 ‘‘(c) MANDATORY MINIMUM CRIMINAL PENALTY FOR

2 REENTRY OF CERTAIN REMOVED ALIENS.—Notwith3 standing the penalties under subsections (a) and (b), an 

4 alien described in subsection (a)— 

5 ‘‘(1) who was convicted, before the alien was 

6 subject to removal or departure, of an aggravated 

7 felony; or 

8 ‘‘(2) who was convicted at least 2 times before 

9 such removal or departure of illegal reentry under 

10 this section, 

11 shall be imprisoned not less than 5 years and not more 

12 than 20 years, and may, in addition, be fined under title 

13 18, United States Code. 

14 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

15 convictions described in subsection (b) are elements of the 

16 crimes described, and the penalties in that subsection shall 

17 apply only in cases in which the conviction or convictions 

18 that form the basis for the additional penalty are— 

19 ‘‘(1) alleged in the indictment or information; 

20 and 

21 ‘‘(2) proven beyond a reasonable doubt at trial; 

22 or 

23 ‘‘(3) admitted by the defendant. 

24 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af25 firmative defense to a violation of this section that— 


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1 ‘‘(1) prior to the alleged violation, the alien had 

2 sought and received the express consent of the Sec3 retary of Homeland Security to reapply for admis4 sion into the United States; or 

5 ‘‘(2) with respect to an alien previously denied 

6 admission and removed, the alien— 

7 ‘‘(A) was not required to obtain such ad8 vance consent under the Immigration and Na9 tionality Act or any prior Act; and 

10 ‘‘(B) had complied with all other laws and 

11 regulations governing the alien’s admission into 

12 the United States. 

13 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN14 DERLYING REMOVAL ORDER.—In a criminal proceeding 

15 under this section, an alien may not challenge the validity 

16 of a removal order described in subsection (a), (b), or (c) 

17 concerning the alien unless the alien demonstrates that— 

18 ‘‘(1) the alien exhausted any administrative 

19 remedies that may have been available to seek relief 

20 against the order; 

21 ‘‘(2) the deportation proceedings at which the 

22 order was issued improperly deprived the alien of the 

23 opportunity for judicial review; and 

24 ‘‘(3) the entry of the order was fundamentally 

25 unfair. 


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1 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM2 PLETION OF TERM OF IMPRISONMENT.—Any alien re3 moved pursuant to section 241(a)(4) who enters, attempts 

4 to enter, crosses the border to, attempts to cross the bor5 der to, or is at any time found in, the United States shall 

6 be incarcerated for the remainder of the sentence of im7 prisonment which was pending at the time of deportation 

8 without any reduction for parole or supervised release un9 less the alien affirmatively demonstrates that the Sec10 retary of Homeland Security has expressly consented to 

11 the alien’s reentry (if a request for consent to reapply is 

12 authorized under this section). Such alien shall be subject 

13 to such other penalties relating to the reentry of removed 

14 aliens as may be available under this section or any other 

15 provision of law. 

16 ‘‘(h) DEFINITIONS.—In this section: 

17 ‘‘(1) CROSSES THE BORDER TO THE UNITED

18 STATES.—The term ‘crosses the border’ refers to the 

19 physical act of crossing the border, regardless of 

20 whether the alien is free from official restraint. 

21 ‘‘(2) 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 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

2 means any criminal offense punishable by a term of 

3 imprisonment of not more than 1 year under the ap4 plicable laws of the United States, any State, or a 

5 foreign government. 

6 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

7 any denial of admission, deportation, or removal, or 

8 any agreement by which an alien stipulates or agrees 

9 to deportation, or removal. 

10 ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term 

11 ‘significant misdemeanor’ means a misdemeanor— 

12 ‘‘(A) crime that involves the use or at13 tempted use of physical force, or threatened use 

14 of a deadly weapon, committed by a current or 

15 former spouse, parent, or guardian of the vic16 tim, by a person with whom the victim shares 

17 a child in common, by a person who is cohab18 iting with or has cohabited with the victim as 

19 a spouse, parent, or guardian, or by a person 

20 similarly situated to a spouse, parent, or guard21 ian of the victim; 

22 ‘‘(B) which is a sexual assault (as such 

23 term is defined in section 40002(a)(29) of the 

24 Violent Crime Control and Law Enforcement 

25 Act of 1994 (42 U.S.C. 13925(a)(29)); 


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1 ‘‘(C) which involved the unlawful posses2 sion of a firearm (as such term is defined in 

3 section 921 of title 18, United States Code); 

4 ‘‘(D) which is a crime of violence (as de5 fined in section 16 of title 18, United States 

6 Code); or 

7 ‘‘(E) which is an offense under Federal, 

8 State, or Tribal law, that has, as an element, 

9 the use or attempted use of physical force or 

10 the threatened use of physical force or a deadly 

11 weapon. 

12 ‘‘(6) STATE.—The term ‘State’ means a State 

13 of the United States, the District of Columbia, and 

14 any commonwealth, territory, or possession of the 

15 United States.’’. 

16 (c) EFFECTIVE DATE.—Section 276(a)(1), as 

17 amended by this section, shall take effect on the date of 

18 the enactment of this Act and shall apply to any alien who, 

19 on or after the date of enactment— 

20 (1) has been denied admission, excluded, de21 ported, or removed or has departed the United 

22 States while an order of exclusion, deportation, or 

23 removal is outstanding; and 

24 (2) after such denial, exclusion, deportation or 

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1 der to, attempts to cross the border to, or is at any 

2 time found in, the United States, unless— 

3 (A) the alien is seeking admission more 

4 than 10 years after the date of the alien’s last 

5 departure from the United States if, prior to 

6 the alien’s reembarkation at a place outside the 

7 United States or the alien’s application for ad8 mission from a foreign contiguous territory, the 

9 Secretary of Homeland Security has expressly 

10 consented to such alien’s reapplying for admis11 sion; or 

12 (B) with respect to an alien previously de13 nied admission and removed, such alien estab14 lishes that the alien was not required to obtain 

15 such advance consent under this Act or any 

16 prior Act. 

17 SEC. 407. LAUNDERING OF MONETARY INSTRUMENTS. 

18 Section 1956(c)(7)(D) of title 18, United States 

19 Code, is amended by inserting ‘‘section 1590 (relating to 

20 trafficking with respect to peonage, slavery, involuntary 

21 servitude, or forced labor),’’ after ‘‘section 1363 (relating 

22 to destruction of property within the special maritime and 

23 territorial jurisdiction),’’. 


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1 SEC. 408. FREEZING BANK ACCOUNTS OF INTERNATIONAL 

2 CRIMINAL ORGANIZATIONS AND MONEY 

3 LAUNDERERS. 

4 Section 981(b) of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(5)(A) If a person is arrested or charged in connec7 tion with an offense described in subparagraph (C) involv8 ing the movement of funds into or out of the United 

9 States, the Attorney General may apply to any Federal 

10 judge or magistrate judge in the district in which the ar11 rest is made or where the charges are filed for an ex parte 

12 order restraining any account held by the person arrested 

13 or charged for not more than 30 days, except that such 

14 30-day time period may be extended for good cause shown 

15 at a hearing conducted in the manner provided in rule 

16 43(e) of the Federal Rules of Civil Procedure. The court 

17 may receive and consider evidence and information sub18 mitted by the Government that would be inadmissible 

19 under the Federal Rules of Evidence. 

20 ‘‘(B) The application for a restraining order under 

21 subparagraph (A) shall— 

22 ‘‘(i) identify the offense for which the person 

23 has been arrested or charged; 

24 ‘‘(ii) identify the location and description of the 

25 accounts to be restrained; and 


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1 ‘‘(iii) state that the restraining order is needed 

2 to prevent the removal of the funds in the account 

3 by the person arrested or charged, or by others asso4 ciated with such person, during the time needed by 

5 the Government to conduct such investigation as 

6 may be necessary to establish whether there is prob7 able cause to believe that the funds in the accounts 

8 are subject to forfeiture in connection with the com9 mission of any criminal offense. 

10 ‘‘(C) An offense described in this subparagraph is any 

11 offense for which forfeiture is authorized under this title, 

12 title 31, or the Controlled Substances Act (21 U.S.C. 801 

13 et seq.). 

14 ‘‘(D) For purposes of this section— 

15 ‘‘(i) the term ‘account’ includes any safe deposit 

16 box and any account (as defined in paragraphs (1) 

17 and (2) of section 5318A(e) of title 31, United 

18 States Code) at any financial institution; and 

19 ‘‘(ii) the term ‘account held by the person ar20 rested or charged’ includes an account held in the 

21 name of such person, and any account over which 

22 such person has effective control as a signatory or 

23 otherwise. 


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1 ‘‘(E) A restraining order issued under this paragraph 

2 shall not be considered a ‘seizure’ for purposes of section 

3 983(a). 

4 ‘‘(F) A restraining order issued under this paragraph 

5 may be executed in any district in which the subject ac6 count is found, or transmitted to the central authority of 

7 any foreign State for service in accordance with any treaty 

8 or other international agreement.’’. 

9 SEC. 409. CRIMINAL PROCEEDS LAUNDERED THROUGH 

10 PREPAID ACCESS DEVICES, DIGITAL CUR11 RENCIES, OR OTHER SIMILAR INSTRUMENTS. 

12 (a) IN GENERAL.— 

13 (1) DEFINITIONS.— 

14 (A) ADDITION OF ISSUERS, REDEEMERS, 

15 AND CASHIERS OF PREPAID ACCESS DEVICES

16 AND DIGITAL CURRENCIES TO THE DEFINITION

17 OF FINANCIAL INSTITUTIONS.—Section 

18 5312(a)(2)(K) of title 31, United States Code, 

19 is amended by striking ‘‘or similar’’ and insert20 ing ‘‘prepaid access devices, digital currencies, 

21 or other similar’’. 

22 (B) ADDITION OF PREPAID ACCESS DE23 VICES TO THE DEFINITION OF MONETARY IN24 STRUMENTS.—Section 5312(a)(3)(B) of such 


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1 title is amended by inserting ‘‘prepaid access 

2 devices,’’ after ‘‘delivery,’’. 

3 (C) DEFINITION OF PREPAID ACCESS DE4 VICE.—Section 5312 of such title is amended— 

5 (i) by redesignating paragraph (6) as 

6 paragraph (7); and 

7 (ii) by inserting after paragraph (5) 

8 the following: 

9 ‘‘(6) ‘prepaid access device’ means an electronic 

10 device or vehicle, such as a card, plate, code, num11 ber, electronic serial number, mobile identification 

12 number, personal identification number, or other in13 strument that provides a portal to funds or the value 

14 of funds that have been paid in advance and can be 

15 retrievable and transferable at some point in the fu16 ture.’’. 

17 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE18 PORT.—Not later than 18 months after the date of 

19 the enactment of this Act, the Comptroller General 

20 of the United States shall submit to Congress a re21 port describing— 

22 (A) the impact of amendments made by 

23 paragraph (1) on law enforcement, the prepaid 

24 access device industry, and consumers; and 


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1 (B) the implementation and enforcement 

2 by the Department of the Treasury of the final 

3 rule relating to ‘‘Bank Secrecy Act Regula4 tions—Definitions and Other Regulations Re5 lating to Prepaid Access’’ (76 Fed. Reg. 45403 

6 (July 29, 2011)). 

7 (b) MONEY SMUGGLING THROUGH BLANK CHECKS

8 IN BEARER FORM.—Section 5316 of title 31, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT LEFT

12 BLANK.—For purposes of this section, a monetary instru13 ment in bearer form that has the amount left blank, such 

14 that the amount could be filled in by the bearer, shall be 

15 considered to have a value of more than $10,000 if the 

16 monetary instrument was drawn on an account that con17 tained or was intended to contain more than $10,000 at 

18 the time the monetary instrument was— 

19 ‘‘(1) transported; or 

20 ‘‘(2) negotiated.’’. 

21 SEC. 410. CLOSING THE LOOPHOLE ON DRUG CARTEL AS22 SOCIATES ENGAGED IN MONEY LAUNDERING. 

23 (a) INTENT TO CONCEAL OR DISGUISE.—Section 

24 1956(a) of title 18, United States Code, is amended— 


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1 (1) in paragraph (1)(B), by striking ‘‘(B) know2 ing that’’ and all that follows through ‘‘Federal 

3 law,’’ and inserting the following: 

4 ‘‘(B) knowing that the transaction— 

5 ‘‘(i) conceals or disguises, or is intended to 

6 conceal or disguise, the nature, source, location, 

7 ownership, or control of the proceeds of some 

8 form of unlawful activity; or 

9 ‘‘(ii) avoids, or is intended to avoid, a 

10 transaction reporting requirement under State 

11 or Federal law,’’; and 

12 (2) in paragraph (2)(B), by striking ‘‘(B) know13 ing that’’ and all that follows through ‘‘Federal 

14 law,’’ and inserting the following: 

15 ‘‘(B) knowing that the monetary instrument or 

16 funds involved in the transportation, transmission, 

17 or transfer represent the proceeds of some form of 

18 unlawful activity, and knowing that such transpor19 tation, transmission, or transfer— 

20 ‘‘(i) conceals or disguises, or is intended to 

21 conceal or disguise, the nature, source, location, 

22 ownership, or control of the proceeds of some 

23 form of unlawful activity; or 


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1 ‘‘(ii) avoids, or is intended to avoid, a 

2 transaction reporting requirement under State 

3 or Federal law,’’. 

4 (b) PROCEEDS OF A FELONY.—Section 1956(c)(1) of 

5 such title is amended by inserting ‘‘, and regardless of 

6 whether or not the person knew that the activity con7 stituted a felony’’ before the semicolon at the end. 

8 TITLE V—PROTECTING NA9 TIONAL SECURITY AND PUB10 LIC SAFETY 

11 Subtitle A—General Matters 

12 SEC. 501. DEFINITION OF ENGAGING IN TERRORIST ACTIV13 ITY. 

14 Subclause (I) of section 212(a)(3)(B)(iv) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1182(a)(3)(B)(iv)) is amended— 

17 (1) by revising subclause (I) to read as follows: 

18 ‘‘(I) to commit a terrorist activity 

19 or, under circumstances indicating an 

20 intention to cause death, serious bod21 ily harm, or substantial damage to 

22 property, incite to commit a terrorist 

23 activity;’’; and 

24 (2)(A) by adding at the end the following: 


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1 ‘‘(VI) to threaten, attempt, or 

2 conspire to do any of acts described in 

3 subclauses (I) through (VI).’’. 

4 SEC. 502. TERRORIST GROUNDS OF INADMISSIBILITY. 

5 (a) SECURITY AND RELATED GROUNDS.—Section 

6 212(a)(3)(A) of the Immigration and Nationality Act (8 

7 U.S.C. 1182(a)(3)(A)) is amended to read as follows: 

8 ‘‘(A) IN GENERAL.—Any alien who a con9 sular officer, the Attorney General, or the Sec10 retary of Homeland Security knows, or has rea11 sonable ground to believe, seeks to enter the 

12 United States to engage solely, principally, or 

13 incidentally, in, or who is engaged in, or with 

14 respect to clauses (i) and (iii) has engaged in— 

15 ‘‘(i) any activity— 

16 ‘‘(I) to violate any law of the 

17 United States relating to espionage or 

18 sabotage; or 

19 ‘‘(II) to violate or evade any law 

20 prohibiting the export from the 

21 United States of goods, technology, or 

22 sensitive information, 

23 ‘‘(ii) any other activity which would be 

24 unlawful if committed in the United 

25 States, or 


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1 ‘‘(iii) any activity a purpose of which 

2 is the opposition to, or the control or over3 throw of, the Government of the United 

4 States by force, violence, or other unlawful 

5 means, 

6 is inadmissible.’’. 

7 (b) TERRORIST ACTIVITIES.—Section 

8 212(a)(3)(B)(i) of the Immigration and Nationality Act 

9 (8 U.S.C. 1182(a)(3)(B)(i)), is amended— 

10 (1) in subclause (IV), by inserting ‘‘or has 

11 been’’ before ‘‘a representative’’; 

12 (2) in subclause (V), by inserting ‘‘or has been’’ 

13 before ‘‘a member’’; 

14 (3) in subclause (VI), by inserting ‘‘or has 

15 been’’ before ‘‘a member’’; and 

16 (4) by amending subclause (VII) to read as fol17 lows: 

18 ‘‘(VII) endorses or espouses or 

19 has endorsed or espoused terrorist ac20 tivity or persuades or has persuaded 

21 others to endorse or espouse terrorist 

22 activity or support a terrorist organi23 zation;’’; 

24 (5) by amending subclause (IX) to read as fol25 lows: 


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1 ‘‘(IX)(aa) is the spouse or child 

2 of an alien who is inadmissible under 

3 this subparagraph, if the activity 

4 causing the alien to be found inadmis5 sible occurred within the last 5 years. 

6 ‘‘(bb) EXCEPTION.—This sub7 clause does not apply to a spouse or 

8 child— 

9 ‘‘(AA) who did not know or 

10 should not reasonably have 

11 known of the activity causing the 

12 alien to be found inadmissible 

13 under this section; or 

14 ‘‘(BB) whom the consular 

15 officer or Attorney General has 

16 reasonable grounds to believe has 

17 renounced the activity causing 

18 the alien to be found inadmissible 

19 under this section.’’; and 

20 (6) by striking the undesignated matter fol21 lowing subclause (IX). 

22 (c) PALESTINE LIBERATION ORGANIZATION.—Sec23 tion 212(a)(3)(B)(ii) of the Immigration and Nationality 

24 Act (8 U.S.C. 1182(a)(3)(B)(i)), is amended to read as 

25 follows: 


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1 ‘‘(ii) PALESTINE LIBERATION ORGANI2 ZATION.—An alien who is an officer, offi3 cial, representative, or spokesman of the 

4 Palestine Liberation Organization is con5 sidered, for purposes of this Act, to be en6 gaged in terrorist activity.’’. 

7 SEC. 503. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 

8 ON CRIMINAL OR SECURITY GROUNDS. 

9 (a) IN GENERAL.—Section 238 of the Immigration 

10 and Nationality Act (8 U.S.C. 1228) is amended— 

11 (1) by adding at the end of the section heading 

12 the following: ‘‘OR WHO ARE SUBJECT TO TER13 RORISM-RELATED GROUNDS FOR REMOVAL’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘Attorney General’’ 

17 and inserting ‘‘Secretary of Homeland Se18 curity in the exercise of discretion’’; and 

19 (ii) by striking ‘‘set forth in this sub20 section or’’ and inserting ‘‘set forth in this 

21 subsection, in lieu of removal proceedings 

22 under’’; 

23 (B) in paragraphs (3) and (4), by striking 

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1 pears and inserting ‘‘Secretary of Homeland 

2 Security’’; 

3 (C) in paragraph (5)— 

4 (i) by striking ‘‘described in this sec5 tion’’ and inserting ‘‘described in para6 graph (1) or (2)’’; and 

7 (ii) by striking ‘‘the Attorney General 

8 may grant in the Attorney General’s dis9 cretion.’’ and inserting ‘‘the Secretary of 

10 Homeland Security or the Attorney Gen11 eral may grant, in the discretion of the 

12 Secretary or the Attorney General, in any 

13 proceeding.’’; 

14 (D) by redesignating paragraphs (3), (4), 

15 and (5) as paragraphs (4), (5), and (6) respec16 tively; and 

17 (E) by inserting after paragraph (2) the 

18 following: 

19 ‘‘(3) The Secretary of Homeland Security, in 

20 the exercise of discretion, may determine inadmis21 sibility under section 212(a)(2) and issue an order 

22 of removal pursuant to the procedures set forth in 

23 this subsection, in lieu of removal proceedings under 

24 section 240, with respect to an alien who— 

25 ‘‘(A) has not been admitted or paroled; 


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1 ‘‘(B) has not been found to have a credible 

2 fear of persecution pursuant to the procedures 

3 set forth in 235(b)(1)(B); and 

4 ‘‘(C) is not eligible for a waiver of inadmis5 sibility or relief from removal.’’; and 

6 (3) by redesignating the first subsection (c) as 

7 subsection (d); 

8 (4) by redesignating the second subsection (c) 

9 (as so designated by section 617(b)(13) of the Illegal 

10 Immigration Reform and Immigrant Responsibility 

11 Act of 1996 (division C of Public Law 104–208; 110 

12 Stat. 3009–720)) as subsection (e); and 

13 (5) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) REMOVAL OF ALIENS WHO ARE SUBJECT TO

16 TERRORISM-RELATED GROUNDS FOR REMOVAL.— 

17 ‘‘(1) The Secretary of Homeland Security— 

18 ‘‘(A) shall, notwithstanding section 240, in 

19 the case of every alien, determine the inadmis20 sibility of the alien under subclause (I), (II), or 

21 (III) of section 212(a)(3)(B)(i), or the deport22 ability of the alien under section 237(a)(4)(B) 

23 as consequence of being described in one of 

24 such subclauses, and issue an order of removal 

25 pursuant to the procedures set forth in this 


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1 subsection to every alien determined to be inad2 missible or deportable on such a ground; and 

3 ‘‘(B) may, in the case of any alien, deter4 mine the inadmissibility of the alien under sub5 paragraph (A) or (B) of section 212(a)(3) 

6 (other than subclauses (I), (II), and (III) of 

7 section 212(a)(3)(B)), or the deportability of 

8 the alien under subparagraph (A) or (B) of sec9 tion 237(a)(4) (as a consequence of being de10 scribed in subclause (I), (II), or (III) of section 

11 212(a)(3)(B)), and issue an order of removal 

12 pursuant to the procedures set forth in this 

13 subsection or section 240 to every alien deter14 mined to be inadmissible or deportable on such 

15 a ground. 

16 ‘‘(2) The Secretary of Homeland Security may 

17 not execute any order described in paragraph (1) 

18 until 30 calendar days have passed from the date 

19 that such order was issued, unless waived by the 

20 alien, in order that the alien has an opportunity to 

21 apply øpetition¿ for judicial review under section 

22 242. 

23 ‘‘(3) Proceedings before the Secretary of Home24 land Security under this subsection shall be in acVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 cordance with such regulations as the Secretary 

2 shall prescribe. The Secretary shall provide that— 

3 ‘‘(A) the alien is given reasonable notice of 

4 the charges and of the opportunity described in 

5 subparagraph (C); 

6 ‘‘(B) the alien shall have the privilege of 

7 being represented (at no expense to the Govern8 ment) by such counsel, authorized to practice in 

9 such proceedings, as the alien shall choose; 

10 ‘‘(C) the alien has a reasonable oppor11 tunity to inspect the evidence and rebut the 

12 charges; 

13 ‘‘(D) a determination is made on the 

14 record that the individual upon whom the notice 

15 for the proceeding under this section is served 

16 (either in person or by mail) is, in fact, the 

17 alien named in such notice; 

18 ‘‘(E) a record is maintained for judicial re19 view; and 

20 ‘‘(F) the final order of removal is not adju21 dicated by the same person who issues the 

22 charges. 

23 ‘‘(4) No alien described in this subsection shall 

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1 retary of Homeland Security may grant in the Sec2 retary’s discretion.’’. 

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

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

5 et seq.) is amended by striking the item relating to section 

6 238 and inserting the following: 

‘‘Sec. 238. Expedited removal of aliens convicted of aggravated felonies or who 

are subject to terrorism-related grounds for removal.’’. 

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

8 this section shall take effect on the date of the enactment 

9 of this Act but shall not apply to aliens who are in removal 

10 proceedings under section 240 of the Immigration and Na11 tionality Act (8 U.S.C. 1229a) on such date. 

12 SEC. 504. DETENTION OF REMOVABLE ALIENS. 

13 (a) CRIMINAL ALIEN ENFORCEMENT PARTNER14 SHIPS.—Section 287 of the Immigration and Nationality 

15 Act (8 U.S.C. 1357), as amended by section 116 and this 

16 section, is further amended by— 

17 (1) redesignating paragraph (h) as paragraph 

18 (j), and 

19 (2) adding new paragraph (h) to read as fol20 lows: 

21 ‘‘(h) CRIMINAL ALIEN ENFORCEMENT PARTNER22 SHIPS.— 

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

24 Security may enter into a written agreement with a 


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1 State, or any political subdivision of such a State, to 

2 authorize the temporary placement of one or more 

3 U.S. Customs and Border Protection agents or offi4 cers or U.S. Immigration and Customs Enforcement 

5 agents or investigators at a local police department 

6 or precinct to— 

7 ‘‘(A) determine the immigration status of 

8 any individual arrested by a State, county, or 

9 local police, enforcement, or peace officer for 

10 any criminal offense; 

11 ‘‘(B) issue charging documents and notices 

12 related to the initiation of removal proceedings 

13 or reinstatement of prior removal orders under 

14 section 241(a)(5); 

15 ‘‘(C) enter information directly into the 

16 National Crime Information Center (NCIC) 

17 database, Immigration Violator File, to in18 clude— 

19 ‘‘(i) the alien’s address, 

20 ‘‘(ii) the reason for arrest, 

21 ‘‘(iii) the legal cite of the State law 

22 violated or for which the alien is charged, 

23 ‘‘(iv) the alien’s driver’s license num24 ber and State of issuance (if any), 


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1 ‘‘(v) any other identification docu2 ment(s) held by the alien and issuing enti3 ty for such identification documents, and 

4 ‘‘(vi) any identifying marks, such as 

5 tattoos, birthmarks, scars, etc.;’’. 

6 ‘‘(D) to collect the alien’s biometrics, in7 cluding but not limited to iris, fingerprint, pho8 tographs, and signature, of the alien and to 

9 enter such information into the Automated Bio10 metric Identification System (IDENT) and any 

11 other DHS database authorized for storage of 

12 biometric information for aliens; and’’. 

13 ‘‘(E) make advance arrangements for the 

14 immediate transfer from State to Federal cus15 tody of any criminal when the alien is released, 

16 without regard to whether the alien is released 

17 on parole, supervised release, or probation, and 

18 without regard to whether alien may be ar19 rested imprisoned again for the same offense. 

20 ‘‘(2) LENGTH OF TEMPORARY DUTY ASSIGN21 MENTS.—The initial period for a temporary duty as22 signment authorized under this paragraph shall be 1 

23 year. The temporary duty assignment may be ex24 tended for additional periods of time as agreed to by 

25 the Secretary of Homeland Security and the State 


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1 or political subdivision of the State to ensure con2 tinuity of cooperation and coverage. 

3 ‘‘(3) TECHNOLOGY USAGE.—The Secretary 

4 shall provide CBP and ICE agents, officers, and in5 vestigators on a temporary duty assignment under 

6 this paragraph mobile access to Federal databases 

7 containing alien information, live scan technology for 

8 collection of biometrics, and video-conferencing capa9 bility for use at local police departments or precincts 

10 in remote locations. 

11 ‘‘(4) REPORT.—Not later than 1 year after the 

12 date of enactment, the Secretary of Homeland Secu13 rity shall submit a report to the Committee on Judi14 ciary and Committee on Homeland Security and 

15 Government Affairs of the Senate and the Com16 mittee on the Judiciary and Committee on Home17 land Security of the House of Representatives on— 

18 ‘‘(A) the number of States that have en19 tered into an agreement under this paragraph; 

20 ‘‘(B) the number of criminal aliens proc21 essed by the U.S. Customs and Border Protec22 tion agent or officer or U.S. Immigration and 

23 Customs Enforcement agent or investigator 

24 during the temporary duty assignment; and 


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1 ‘‘(C) the number of criminal aliens trans2 ferred from State to Federal custody during the 

3 agreement period.’’. 

4 (b) DETENTION, RELEASE, AND REMOVAL OF

5 ALIENS ORDERED REMOVED.— 

6 (1) REMOVAL PERIOD.— 

7 (A) IN GENERAL.—Subparagraph (A) of 

8 section 241(a)(1) of the Immigration and Na9 tionality Act (8 U.S.C. 1231(a)(1)(A)) is 

10 amended by striking ‘‘Attorney General’’ and 

11 inserting ‘‘Secretary of Homeland Security’’. 

12 (B) BEGINNING OF PERIOD.—Subpara13 graph (B) of section 241(a)(1) of the Immigra14 tion and Nationality Act (8 U.S.C. 

15 1231(a)(1)(B)) is amended to read as follows: 

16 ‘‘(B) BEGINNING OF PERIOD.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), the removal period begins on the date 

19 that is the latest of the following: 

20 ‘‘(I) If a court, the Board of Im21 migration Appeals, or an immigration 

22 judge orders a stay of the removal of 

23 the alien, the date the stay of removal 

24 ends; 


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1 ‘‘(II) If the alien is ordered re2 moved, the date the removal order be3 comes administratively final and the 

4 Secretary takes the alien into custody 

5 for removal; 

6 ‘‘(III) If the alien is detained or 

7 confined (except under an immigra8 tion process), the date the alien is re9 leased from detention or confinement. 

10 ‘‘(ii) BEGINNING OF REMOVAL PERIOD

11 FOLLOWING A TRANSFER OF CUSTODY.—If 

12 the Secretary transfers custody of the alien 

13 pursuant to law to another Federal agency 

14 or to an agency of a State or local govern15 ment in connection with the official duties 

16 of such agency, the removal period for the 

17 alien— 

18 ‘‘(I) shall be tolled; and 

19 ‘‘(II) shall resume on the date 

20 the alien is returned to the custody of 

21 the Secretary.’’. 

22 (C) SUSPENSION OF PERIOD.—Subpara23 graph (C) of section 241(a)(1) of the Immigra24 tion and Nationality Act (8 U.S.C. 

25 1231(a)(1)(C)) is amended to read as follows: 


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1 ‘‘(C) SUSPENSION OF PERIOD.—The re2 moval period shall be extended beyond a period 

3 of 90 days and the alien may remain in deten4 tion during such extended period if the alien— 

5 ‘‘(i) fails or refuses to make all rea6 sonable efforts to comply with the order of 

7 removal or to fully cooperate with the ef8 forts of the Secretary of Homeland Secu9 rity to establish the alien’s identity and 

10 carry out the order of removal, including 

11 making timely application in good faith for 

12 travel or other documents necessary to the 

13 alien’s departure; or 

14 ‘‘(ii) conspires or acts to prevent the 

15 alien’s removal subject to an order of re16 moval.’’. 

17 (2) DETENTION.—Paragraph (2) of section 

18 241(a) of the Immigration and Nationality Act (8 

19 U.S.C. 1231(a)(2)) is amended— 

20 (A) by inserting ‘‘(A)’’ before ‘‘During’’; 

21 (B) by striking ‘‘Attorney General’’ and in22 serting ‘‘Secretary of Homeland Security’’; and 

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

24 ‘‘(B) DURING A PENDENCY OF A STAY.— 

25 If a court, the Board of Immigration Appeals, 


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1 or an immigration judge orders a stay of re2 moval of an alien who is subject to an order of 

3 removal, the Secretary of Homeland Security in 

4 the Secretary’s sole and unreviewable exercise 

5 of discretion, and notwithstanding any provision 

6 of law including 28 U.S.C. 2241, may detain 

7 the alien during the pendency of such stay of 

8 removal.’’. 

9 (3) SUSPENSION AFTER 90-DAY PERIOD.—Para10 graph (3) of section 241(a) of the Immigration and 

11 Nationality Act (8 U.S.C. 1231(a)(3)) is amended— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘Attorney General’’ and insert14 ing ‘‘Secretary of Homeland Security’’; 

15 (B) in subparagraph (C), by striking ‘‘At16 torney General’’ and inserting ‘‘Secretary’’; and 

17 (C) by amending subparagraph (D) to read 

18 as follows: 

19 ‘‘(D) to obey reasonable restrictions on the 

20 alien’s conduct or activities, or to perform af21 firmative acts, that the Secretary prescribes for 

22 the alien, in order to prevent the alien from ab23 sconding, for the protection of the community, 

24 or for other purposes related to the enforcement 

25 of the immigration laws.’’. 


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1 (4) ALIENS IMPRISONED, ARRESTED, OR ON PA2 ROLE, SUPERVISED RELEASE, OR PROBATION.— 

3 Paragraph (4) of section 241(a) of the Immigration 

4 and Nationality Act (8 U.S.C. 1231(a)(4)) is 

5 amended— 

6 (A) in subparagraph (A), by striking ‘‘At7 torney General’’ and inserting ‘‘Secretary of 

8 Homeland Security’’; and 

9 (B) in subparagraph (B)— 

10 (i) in the matter preceding clause (i), 

11 by striking ‘‘Attorney General’’ and insert12 ing ‘‘Secretary of Homeland Security’’; 

13 (I) in clause (i), by striking ‘‘if 

14 the Attorney General’’ and inserting 

15 ‘‘if the Secretary’’; and 

16 (II) in clause (ii)(III), by striking 

17 ‘‘Attorney General’’ and inserting 

18 ‘‘Secretary’’. 

19 (5) REINSTATEMENT OF REMOVAL ORDERS

20 AGAINST ALIENS ILLEGALLY REENTERING.— 

21 (A) Paragraph (5) of section 241(a) of the 

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

23 1231(a)(5)) is amended to read as follows: 

24 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

25 AGAINST ALIENS ILLEGALLY REENTERING.—If the 


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1 Secretary of Homeland Security finds that an alien 

2 has entered the United States illegally after having 

3 been removed, deported, or excluded or having de4 parted voluntarily, under an order of removal, depor5 tation, or exclusion, regardless of the date of the 

6 original order or the date of the illegal entry— 

7 ‘‘(A) the order of removal, deportation, or 

8 exclusion is reinstated from its original date 

9 and is not subject to being reopened or reviewed 

10 notwithstanding section 242(a)(2)(D); 

11 ‘‘(B) the alien is not eligible and may not 

12 apply for any relief under this Act, regardless 

13 of the date that an application or request for 

14 such relief may have been filed or made; 

15 ‘‘(C) the alien shall be removed under the 

16 order of removal, deportation, or exclusion at 

17 any time after the illegal entry; and 

18 ‘‘(D) reinstatement under this paragraph 

19 shall not require proceedings under section 240 

20 or other proceedings before an immigration 

21 judge.’’. 

22 (B) JUDICIAL REVIEW.—Section 242 of 

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

24 1252) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(h) JUDICIAL REVIEW OF DECISION TO

2 REINSTATE REMOVAL ORDER UNDER SECTION

3 241(A)(5).— 

4 ‘‘(1) REVIEW OF DECISION TO REIN5 STATE REMOVAL ORDER.—Judicial review 

6 of determinations under section 241(a)(5) 

7 is available in an action under subsection 

8 (a). 

9 ‘‘(2) NO REVIEW OF ORIGINAL

10 ORDER.—Notwithstanding any other provi11 sion of law (statutory or nonstatutory), in12 cluding section 2241 of title 28, United 

13 States Code, any other habeas corpus pro14 vision, or sections 1361 and 1651 of such 

15 title, no court shall have jurisdiction to re16 view any cause or claim, arising from, or 

17 relating to, any challenge to the original 

18 order.’’. 

19 (C) EFFECTIVE DATE.—The amendments 

20 made by subparagraphs (A) and (B) shall take 

21 effect as if enacted on April 1, 1997, and shall 

22 apply to all orders reinstated or after that date 

23 by the Secretary of Homeland Security (or by 

24 the Attorney General prior to March 1, 2003), 

25 regardless of the date of the original order. 


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1 (6) INADMISSIBLE OR CRIMINAL ALIENS.— 

2 Paragraph (6) of section 241(a) of the Immigration 

3 and Nationality Act (8 U.S.C. 1231(a)(6)) is 

4 amended— 

5 (A) by striking ‘‘Attorney General’’ and in6 serting ‘‘Secretary of Homeland Security’’; and 

7 (B) by striking ‘‘removal period and, if re8 leased,’’ and inserting ‘‘removal period, in the 

9 discretion of the Secretary, without any limita10 tions other than those specified in this section, 

11 until the alien is removed.’’. 

12 (7) PAROLE; ADDITIONAL RULES; JUDICIAL RE13 VIEW.—Subsection (a) of section 241 of the Immi14 gration and Nationality Act (8 U.S.C. 1231(a)) is 

15 amended— 

16 (A) in paragraph (7), by striking ‘‘Attor17 ney General’’ and inserting ‘‘Secretary of 

18 Homeland Security’’; 

19 (B) by redesignating paragraph (7) as 

20 paragraph (14); and 

21 (C) by inserting after paragraph (6) the 

22 following: 

23 ‘‘(7) PAROLE.—If an alien detained pursuant to 

24 paragraph (6) is an applicant for admission, the 

25 Secretary of Homeland Security, in the Secretary’s 


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1 discretion, may parole the alien under section 

2 212(d)(5) and may provide, notwithstanding section 

3 212(d)(5), that the alien shall not be returned to 

4 custody unless either the alien violates the conditions 

5 of such parole or the alien’s removal becomes rea6 sonably foreseeable, provided that in no cir7 cumstance shall such alien be considered admitted. 

8 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

9 RELEASE OF CERTAIN ALIENS WHO WERE PRE10 VIOUSLY ADMITTED TO THE UNITED STATES.— 

11 ‘‘(A) APPLICATION.—The procedures set 

12 out under this paragraph— 

13 ‘‘(i) apply only to an alien who were 

14 previously admitted to the United States; 

15 and 

16 ‘‘(ii) do not apply to any other alien, 

17 including an alien detained pursuant to 

18 paragraph (6). 

19 ‘‘(B) ESTABLISHMENT OF A DETENTION

20 REVIEW PROCESS FOR ALIENS WHO FULLY CO21 OPERATE WITH REMOVAL.— 

22 ‘‘(i) REQUIREMENT TO ESTABLISH.— 

23 For an alien who has made all reasonable 

24 efforts to comply with a removal order and 

25 to cooperate fully with the efforts of the 


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1 Secretary of Homeland Security to estab2 lish the alien’s identity and carry out the 

3 removal order, including making timely ap4 plication in good faith for travel or other 

5 documents necessary to the alien’s depar6 ture, and has not conspired or acted to 

7 prevent removal, the Secretary shall estab8 lish an administrative review process to de9 termine whether the alien should be de10 tained or released on conditions. 

11 ‘‘(ii) DETERMINATIONS.—The Sec12 retary shall— 

13 ‘‘(I) make a determination 

14 whether to release an alien described 

15 in clause (i) after the end of the 

16 alien’s removal period; and 

17 ‘‘(II) in making a determination 

18 under subclause (I), consider any evi19 dence submitted by the alien, and may 

20 consider any other evidence, including 

21 any information or assistance pro22 vided by the Department of State or 

23 other Federal agency and any other 

24 information available to the Secretary 


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1 pertaining to the ability to remove the 

2 alien. 

3 ‘‘(9) AUTHORITY TO DETAIN BEYOND THE RE4 MOVAL PERIOD.— 

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 Homeland Security, in the exercise of discre7 tion, without any limitations other than those 

8 specified in this section, may continue to detain 

9 an alien for 90 days beyond the removal period 

10 (including any extension of the removal period 

11 as provided in subsection (a)(1)(C)). 

12 ‘‘(B) LENGTH OF DETENTION.—The Sec13 retary, in the exercise of discretion, without any 

14 limitations other than those specified in this 

15 section, may continue to detain an alien beyond 

16 the 90 days authorized in subparagraph (A)— 

17 ‘‘(i) until the alien is removed, if the 

18 Secretary determines that— 

19 ‘‘(I) there is a significant likeli20 hood that the alien will be removed in 

21 the reasonably foreseeable future; 

22 ‘‘(II) the alien would be removed 

23 in the reasonably foreseeable future, 

24 or would have been removed, but for 

25 the alien’s failure or refusal to make 


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1 all reasonable efforts to comply with 

2 the removal order, or to cooperate 

3 fully with the Secretary’s efforts to es4 tablish the alien’s identity and carry 

5 out the removal order, including mak6 ing timely application in good faith 

7 for travel or other documents nec8 essary to the alien’s departure, or con9 spiracies or acts to prevent removal; 

10 ‘‘(III) the government of the for11 eign country of which the alien is a 

12 citizen, subject, national, or resident 

13 is denying or unreasonably delaying 

14 accepting the return of such alien 

15 after the Secretary asks whether the 

16 government will accept an alien under 

17 section 243(d); or 

18 ‘‘(IV) the government of the for19 eign country of which the alien is a 

20 citizen, subject, national, or resident 

21 is refusing to issue any required travel 

22 or identity documents to allow such 

23 alien to return to that country; 

24 ‘‘(ii) until the alien is removed, if the 

25 Secretary certifies in writing— 


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1 ‘‘(I) in consultation with the Sec2 retary of Health and Human Services, 

3 that the alien has a highly contagious 

4 disease that poses a threat to public 

5 safety; 

6 ‘‘(II) after receipt of a written 

7 recommendation from the Secretary of 

8 State, that release of the alien is like9 ly to have serious adverse foreign pol10 icy consequences for the United 

11 States; 

12 ‘‘(III) based on information avail13 able to the Secretary of Homeland Se14 curity (including classified, sensitive, 

15 or national security information, and 

16 without regard to the grounds upon 

17 which the alien was ordered removed), 

18 that there is reason to believe that the 

19 release of the alien would threaten the 

20 national security of the United States; 

21 or 

22 ‘‘(IV) that the release of the alien 

23 will threaten the safety of the commu24 nity or any person, conditions of re25 lease cannot reasonably be expected to 


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1 ensure the safety of the community or 

2 any person, and either— 

3 ‘‘(aa) the alien has been 

4 convicted of 1 or more aggra5 vated felonies (as defined in sec6 tion 101(a)(43)), 1 or more 

7 crimes identified by the Secretary 

8 of Homeland Security by regula9 tion, or 1 or more attempts or 

10 conspiracies to commit any such 

11 aggravated felonies or such iden12 tified crimes, provided that the 

13 aggregate term of imprisonment 

14 for such attempts or conspiracies 

15 is at least 5 years; or 

16 ‘‘(bb) the alien has com17 mitted 1 or more violent offenses 

18 (but not including a purely polit19 ical offense) and, because of a 

20 mental condition or personality 

21 disorder and behavior associated 

22 with that condition or disorder, 

23 the alien is likely to engage in 

24 acts of violence in the future; or 


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1 ‘‘(V) that the release of the alien 

2 will threaten the safety of the commu3 nity or any person, conditions of re4 lease cannot reasonably be expected to 

5 ensure the safety of the community or 

6 any person, and the alien has been 

7 convicted of at least 1 aggravated fel8 ony (as defined in section 

9 101(a)(43)); and 

10 ‘‘(iii) pending a determination under 

11 subparagraph (B), if the Secretary has ini12 tiated the administrative review process 

13 not later than 30 days after the expiration 

14 of the removal period (including any exten15 sion of the removal period as provided in 

16 subsection (a)(1)(C)). 

17 ‘‘(10) RENEWAL AND DELEGATION OF CERTIFI18 CATION.— 

19 ‘‘(A) RENEWAL.—The Secretary of Home20 land Security may renew a certification under 

21 subparagraph (B)(ii) every 6 months without 

22 limitation, after providing an opportunity for 

23 the alien to request reconsideration of the cer24 tification and to submit documents or other evi25 dence in support of that request. If the SecVerDate Sep 11 2014 00:53 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 retary does not renew a certification, the Sec2 retary may not continue to detain the alien 

3 under subparagraph (B)(ii). 

4 ‘‘(B) DELEGATION.—Notwithstanding sec5 tion 103, the Secretary of Homeland Security 

6 may not delegate the authority to make or 

7 renew a certification described in item (II), 

8 (III), or (IV) of subparagraph (B)(ii) to an offi9 cial below the level of the Director of U.S. Im10 migration and Customs Enforcement. 

11 ‘‘(11) RELEASE ON CONDITIONS.—If it is deter12 mined that an alien should be released from deten13 tion, the Secretary of Homeland Security, in the ex14 ercise of discretion, may impose conditions on re15 lease as provided in paragraph (3). 

16 ‘‘(12) REDETENTION.—The Secretary of Home17 land Security, in the exercise of discretion, without 

18 any limitations other than those specified in this sec19 tion, may again detain any alien subject to a final 

20 removal order who is released from custody if the 

21 alien fails to comply with the conditions of release 

22 or to continue to satisfy the conditions described in 

23 subparagraph (8)(A), or if, upon reconsideration, the 

24 Secretary determines that the alien can be detained 

25 under subparagraph (8)(B). Paragraphs (6) through 


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1 (14) shall apply to any alien returned to custody 

2 pursuant to this subparagraph, as if the removal pe3 riod terminated on the day of the redetention. 

4 ‘‘(13) CERTAIN ALIENS WHO EFFECTED

5 ENTRY.—If an alien has effected an entry but has 

6 neither been lawfully admitted nor physically present 

7 in the United States continuously for the 2-year pe8 riod immediately prior to the commencement of re9 moval proceedings under this Act against the alien, 

10 the Secretary of Homeland Security in the exercise 

11 of discretion may decide not to apply paragraph (8) 

12 and detain the alien without any limitations except 

13 those which the Secretary shall adopt by regulation. 

14 ‘‘(14) JUDICIAL REVIEW.—Without regard to 

15 the place of confinement, judicial review of any ac16 tion or decision pursuant to paragraph (6) through 

17 (14) shall be available exclusively in habeas corpus 

18 proceedings instituted in the United States District 

19 Court for the District of Columbia, and only if the 

20 alien has exhausted all administrative remedies 

21 (statutory and regulatory) available to the alien as 

22 of right.’’. 

23 (c) DETENTION OF ALIENS DURING REMOVAL PRO24 CEEDINGS.— 


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1 (1) IN GENERAL.—Section 235 of the Immigra2 tion and Nationality Act (8 U.S.C. 1225) is amend3 ed by adding at the end the following: 

4 ‘‘(e) LENGTH OF DETENTION.— 

5 ‘‘(1) IN GENERAL.—An alien may be detained 

6 under this section while proceedings are pending, 

7 without limitation, until the alien is subject to an 

8 administratively final order of removal. 

9 ‘‘(2) EFFECT ON DETENTION UNDER SECTION

10 241.—The length of detention under this section 

11 shall not affect the validity of any detention under 

12 section 241. 

13 ‘‘(f) JUDICIAL REVIEW.—Without regard to the place 

14 of confinement, judicial review of any action or decision 

15 made pursuant to subsection (e) shall be available exclu16 sively in a habeas corpus proceeding instituted in the 

17 United States District Court for the District of Columbia 

18 and only if the alien has exhausted all administrative rem19 edies (statutory and nonstatutory) available to the alien 

20 as of right.’’. 

21 (2) CONFORMING AMENDMENTS.—Section 236 

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

23 1226) is amended— 

24 (A) in subsection (e), by inserting ‘‘With25 out regard to the place of confinement, judicial 


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1 review of any action or decision made pursuant 

2 to section 235(f) shall be available exclusively in 

3 a habeas corpus proceeding instituted in the 

4 United States District Court for the District of 

5 Columbia, and only if the alien has exhausted 

6 all administrative remedies (statutory and non7 statutory) available to the alien as of right.’’ at 

8 the end; and 

9 (B) by adding at the end the following: 

10 ‘‘(f) LENGTH OF DETENTION.— 

11 ‘‘(1) IN GENERAL.—An alien may be detained 

12 under this section, without limitation, until the alien 

13 is subject to an administratively final order of re14 moval. 

15 ‘‘(2) EFFECT ON DETENTION UNDER SECTION

16 241.—The length of detention under this section 

17 shall not affect the validity of any detention under 

18 section 241.’’. 

19 (d) ATTORNEY GENERAL’S DISCRETION IN DETER20 MINING COUNTRIES OF REMOVAL.—Section 241(b) of the 

21 Immigration and Nationality Act (8 U.S.C. 1231(b)) is 

22 amended— 

23 (1) in paragraph (1)(C)(iv), by striking the pe24 riod at the end and inserting ‘‘, or the Attorney 

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1 try is prejudicial to the interests of the United 

2 States.’’; 

3 (2) in paragraph (2)(E)(vii), by inserting ‘‘or 

4 the Attorney General decides that removing the alien 

5 to one or more of such countries is prejudicial to the 

6 interests of the United States,’’ after ‘‘this subpara7 graph,’’. 

8 (e) EFFECTIVE DATES AND APPLICATION.— 

9 (1) AMENDMENTS MADE BY SUBSECTION (B).— 

10 The amendments made by subsection (b) shall take 

11 effect on the date of the enactment of this Act, and 

12 section 241 of the Immigration and Nationality Act, 

13 as amended by subsection (b), shall apply to— 

14 (A) all aliens subject to a final administra15 tive removal, deportation, or exclusion order 

16 that was issued before, on, or after the date of 

17 the enactment of this Act; and 

18 (B) acts and conditions occurring or exist19 ing before, on, or after the date of the enact20 ment of this Act. 

21 (2) AMENDMENTS MADE BY SUBSECTION (C).— 

22 The amendments made by subsection (c) shall take 

23 effect upon the date of the enactment of this Act, 

24 and sections 235 and 236 of the Immigration and 

25 Nationality Act, as amended by subsection (c), shall 


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1 apply to any alien in detention under provisions of 

2 such sections on or after the date of the enactment 

3 of this Act. 

4 SEC. 505. GAO STUDY ON DEATHS IN CUSTODY. 

5 The Comptroller General of the United States shall 

6 submit to Congress within 6 months after the date of the 

7 enactment of this Act, a report on the deaths in custody 

8 of detainees held by the Department of Homeland Secu9 rity. The report shall include the following information 

10 with respect to any such deaths and in connection there11 with: 

12 (1) Whether any such deaths could have been 

13 prevented by the delivery of medical treatment ad14 ministered while the detainee is in the custody of the 

15 Department of Homeland Security. 

16 (2) Whether Department practice and proce17 dures were properly followed and obeyed. 

18 (3) Whether such practice and procedures are 

19 sufficient to protect the health and safety of such 

20 detainees. 

21 (4) Whether reports of such deaths were made 

22 to the Deaths in Custody Reporting Program. 

23 SEC. 506. GAO STUDY ON MIGRANT DEATHS. 

24 Within 120 days of the date of enactment and by the 

25 end of each fiscal year thereafter, the Comptroller General 


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1 of the United States shall submit to the Committee on 

2 the Judiciary and Committee on Homeland Security and 

3 Governmental Affairs of the Senate and the Committee 

4 on the Judiciary and Committee on Homeland Security 

5 of the House, a report on: 

6 (1) the total number of migrant deaths along 

7 the southern border in the last 5 years; 

8 (2) the total number of unidentified deceased 

9 migrants found along the southern border; 

10 (3) the level of cooperation between U.S. Cus11 toms and Border Protection, local and State law en12 forcement, foreign diplomatic and consular posts, 

13 nongovernmental organizations, and family members 

14 to accurately identify deceased individuals; 

15 (4) the use of DNA testing and sharing of such 

16 data between U.S. Customs and Border Protection, 

17 local and State law enforcement, foreign diplomatic 

18 and consular posts, and nongovernmental organiza19 tions to accurately identify deceased individuals; 

20 (5) the comparison of DNA data with informa21 tion on Federal, state, and local missing person reg22 istries; and 

23 (6) the procedures and processes U.S. Customs 

24 and Border Protection has in place for notification 


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1 of relevant authorities or family members after miss2 ing persons are identified through DNA testing. 

3 SEC. 507. STATUTE OF LIMITATIONS FOR VISA, NATU4 RALIZATION, AND OTHER FRAUD OFFENSES 

5 INVOLVING WAR CRIMES OR HUMAN RIGHTS 

6 VIOLATIONS. 

7 (a) STATUTE OF LIMITATIONS FOR VISA FRAUD AND

8 OTHER OFFENSES.—Chapter 213, Title 18, United 

9 States Code, is amended by adding new section 3302, as 

10 follows: 

11 ‘‘SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN 

12 RIGHTS VIOLATIONS OR WAR CRIMES. 

13 ‘‘(a) No person shall be prosecuted, tried, or punished 

14 for violation of any provision of sections 1001 and 1015 

15 of chapter 47, section 1425 of chapter 63, section 1546 

16 of chapter 75, section 1621 of chapter 79, and section 

17 3291 of chapter 212A of title 18 of the United States 

18 Code, or for attempt or conspiracy to violate any of such 

19 sections, when the fraudulent conduct, misrepresentation, 

20 concealment, or fraudulent, fictitious, or false statement 

21 concerns the alleged offender’s participation, at any time, 

22 at any place, and irrespective of the nationality of the al23 leged offender or any victim, in a human rights violation 

24 or war crime, or the alleged offender’s membership in, 

25 service in, or authority over a military, paramilitary, or 


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1 police organization that participated in such conduct dur2 ing any part of any period in which the alleged offender 

3 was a member of, served in, or had authority over the or4 ganization, unless the indictment is found or the informa5 tion is instituted within 20 years after the commission of 

6 the offense, except that an indictment may be found, or 

7 information instituted, at any time without limitation if 

8 the commission of such human rights violation or war 

9 crime resulted in the death of any person. 

10 ‘‘(b) For purposes of subsection (a), ‘human rights 

11 violation or war crime’ means genocide, incitement to 

12 genocide, war crimes, torture, female genital mutilation, 

13 extrajudicial killing under color of foreign law, persecu14 tion, particularly severe violation of religious freedom by 

15 a foreign government official, or the use or recruitment 

16 of child soldiers. 

17 ‘‘(c) For purposes of subsection (b), 

18 ‘‘(1) ‘genocide’ means conduct described in sec19 tion 1091(a) of chapter 50A of this title, 

20 ‘‘(2) ‘incitement to genocide’ means conduct de21 scribed in section 1091(c) of chapter 50A of this 

22 title, 

23 ‘‘(3) ‘war crimes’ means conduct described in 

24 subsections (c) and (d) of section 2441 of chapter 

25 118 of this title, 


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1 ‘‘(4) ‘torture’ means conduct described in sub2 sections (1) and (2) of section 2340 of chapter 113C 

3 of this title, 

4 ‘‘(5) ‘female genital mutilation’ means conduct 

5 described in section 116 of chapter 7 of this title, 

6 ‘‘(6) ‘extrajudicial killing under color of foreign 

7 law’ means conduct specified in section 

8 1182(a)(3)(E)(iii) of chapter 12 of title 8 of the 

9 United States Code, 

10 ‘‘(7) ‘persecution’ means conduct that is a bar 

11 to relief under section 1158(b)(2)(A)(i) of chapter 

12 12 of title 8 of the United States Code, 

13 ‘‘(8) ‘particularly severe violation of religious 

14 freedom’ means conduct described in section 

15 6402(13) of chapter 73 of title 22 of the United 

16 States Code, and 

17 ‘‘(9) ‘use or recruitment of child soldiers’ means 

18 conduct described in subsections (a) and (d) of sec19 tion 2442 of chapter 118 of this title.’’. 

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

21 this section shall apply to fraudulent conduct, misrepre22 sentations, concealments, and fraudulent, fictitious, or 

23 false statements made or committed before, on, or after 

24 the date of enactment of this Act. 


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1 SEC. 508. CRIMINAL DETENTION OF ALIENS TO PROTECT 

2 PUBLIC SAFETY. 

3 (a) IN GENERAL.—Section 3142(e) of title 18, 

4 United States Code, is amended to read as follows: 

5 ‘‘(e) DETENTION.— 

6 ‘‘(1) IN GENERAL.—If, after a hearing pursu7 ant to the provisions of subsection (f), the judicial 

8 officer finds that no condition or combination of con9 ditions will reasonably assure the appearance of the 

10 person as required and the safety of any other per11 son and the community, such judicial officer shall 

12 order the detention of the person before trial. 

13 ‘‘(2) PRESUMPTION ARISING FROM OFFENSES

14 DESCRIBED IN SUBSECTION (F)(1).—In a case de15 scribed in subsection (f)(1) of this section, a rebutta16 ble presumption arises that no condition or combina17 tion of conditions will reasonably assure the safety 

18 of any other person and the community if such judi19 cial officer finds that— 

20 ‘‘(A) the person has been convicted of a 

21 Federal offense that is described in subsection 

22 (f)(1), or of a State or local offense that would 

23 have been an offense described in subsection 

24 (f)(1) of this section if a circumstance giving 

25 rise to Federal jurisdiction had existed; 


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1 ‘‘(B) the offense described in subparagraph 

2 (A) was committed while the person was on re3 lease pending trial for a Federal, State, or local 

4 offense; and 

5 ‘‘(C) a period of not more than 5 years has 

6 elapsed since the date of conviction or the re7 lease of the person from imprisonment, for the 

8 offense described in subparagraph (A), which9 ever is later. 

10 ‘‘(3) PRESUMPTION ARISING FROM OTHER OF11 FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE12 ARMS, VIOLENCE, OR MINORS.—Subject to rebuttal 

13 by the person, it shall be presumed that no condition 

14 or combination of conditions will reasonably assure 

15 the appearance of the person as required and the 

16 safety of the community if the judicial officer finds 

17 that there is probable cause to believe that the per18 son committed— 

19 ‘‘(A) an offense for which a maximum 

20 term of imprisonment of 10 years or more is 

21 prescribed in the Controlled Substances Act (21 

22 U.S.C. 801 et seq.), the Controlled Substances 

23 Import and Export Act (21 U.S.C. 951 et seq.), 

24 or chapter 705 of title 46; 


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1 ‘‘(B) an offense under section 924(c), 

2 956(a), or 2332b of this title; 

3 ‘‘(C) an offense listed in section 

4 2332b(g)(5)(B) of this title for which a max5 imum term of imprisonment of 10 years or 

6 more is prescribed; or 

7 ‘‘(D) an offense involving a minor victim 

8 under section 1201, 1591, 2241, 2242, 

9 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 

10 2252(a)(2), 2252(a)(3), 2252A(a)(1), 

11 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 

12 2421, 2422, 2423, or 2425 of this title. 

13 ‘‘(4) PRESUMPTION ARISING FROM OFFENSES

14 RELATING TO IMMIGRATION LAW.—Subject to rebut15 tal by the person, it shall be presumed that no con16 dition or combination of conditions will reasonably 

17 assure the appearance of the person as required if 

18 the judicial officer finds that there is probable cause 

19 to believe that the person is an alien and that the 

20 person— 

21 ‘‘(A) has no lawful immigration status in 

22 the United States; 

23 ‘‘(B) is the subject of a final order of re24 moval; or 


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1 ‘‘(C) has committed a felony offense under 

2 section 842(i)(5), 911, 922(g)(5), 1015, 1028, 

3 1028A, 1425, or 1426 of this title, or any sec4 tion of chapters 75 and 77 of this title, or sec5 tion 243, 274, 275, 276, 277, or 278 of the Im6 migration and Nationality Act (8 U.S.C. 1253, 

7 1324, 1325, 1326, 1327, and 1328).’’. 

8 (b) IMMIGRATION STATUS AS FACTOR IN DETER9 MINING CONDITIONS OF RELEASE.—Section 3142(g)(3) 

10 of title 18, United States Code, is amended— 

11 (1) in subparagraph (A), by striking ‘‘and’’ at 

12 the end; and 

13 (2) by adding at the end the following: 

14 ‘‘(C) whether the person is in a lawful im15 migration status, has previously entered the 

16 United States illegally, has previously been re17 moved from the United States, or has otherwise 

18 violated the conditions of his or her lawful im19 migration status; and’’. 

20 SEC. 509. RECRUITMENT OF PERSONS TO PARTICIPATE IN 

21 TERRORISM. 

22 (a) IN GENERAL.—Chapter 113B of title 18, United 

23 States Code, is amended by inserting after section 2332b 

24 the following: 


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1 ‘‘§ 2332c. Recruitment of persons to participate in ter2 rorism 

3 ‘‘(a) OFFENSES.— 

4 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

5 person to employ, solicit, induce, command, or cause 

6 another person to commit an act of domestic ter7 rorism or international terrorism or a Federal crime 

8 of terrorism, with the intent that the other person 

9 commit such act or crime of terrorism. 

10 ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be 

11 unlawful for any person to attempt or conspire to 

12 commit an offense under paragraph (1). 

13 ‘‘(b) PENALTIES.—Any person who violates sub14 section (a)— 

15 ‘‘(1) in the case of an attempt or conspiracy, 

16 shall be fined under this title, imprisoned not more 

17 than 10 years, or both; 

18 ‘‘(2) if death of an individual results, shall be 

19 fined under this title, punished by death or impris20 oned for any term of years or for life, or both; 

21 ‘‘(3) if serious bodily injury to any individual 

22 results, shall be fined under this title, imprisoned 

23 not less than 10 years nor more than 25 years, or 

24 both; and 

25 ‘‘(4) in any other case, shall be fined under this 

26 title, imprisoned not more than 10 years, or both. 


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1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed or applied so as to abridge the ex3 ercise of rights guaranteed under the First Amendment 

4 to the Constitution of the United States. 

5 ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT NOT

6 A DEFENSE.—It is not a defense under this section that 

7 the act of domestic terrorism or international terrorism 

8 or Federal crime of terrorism that is the object of the em9 ployment, solicitation, inducement, commanding, or caus10 ing has not been done. 

11 ‘‘(e) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘Federal crime of terrorism’ has 

13 the meaning given that term in section 2332b; and 

14 ‘‘(2) the term ‘serious bodily injury’ has the 

15 meaning given that term in section 1365(h).’’. 

16 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

17 sections at the beginning of chapter 113B of title 18, 

18 United States Code, is amended by inserting after the 

19 item relating to section 2332b the following: 

‘‘2332c. Recruitment of persons to participate in terrorism.’’. 

20 SEC. 510. BARRING AND REMOVING PERSECUTORS, WAR 

21 CRIMINALS, AND PARTICIPANTS IN CRIMES 

22 AGAINST HUMANITY FROM THE UNITED 

23 STATES. 

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1 ITY.—Subparagraph (E) of section 212(a)(3) of the Immi2 gration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is 

3 amended— 

4 (1) by striking the subparagraph heading and 

5 inserting ‘‘PARTICIPANTS IN PERSECUTION (INCLUD6 ING NAZI PERSECUTIONS), GENOCIDE, WAR CRIMES, 

7 CRIMES AGAINST HUMANITY, OR THE COMMISSION

8 OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILL9 ING.—’’; 

10 (2) by adding after subclause (iii) the following: 

11 ‘‘(iv) PERSECUTORS, WAR CRIMINALS, 

12 AND PARTICIPANTS IN CRIMES AGAINST

13 HUMANITY.—Any alien, including those 

14 who are superior commanders, who com15 mitted, ordered, incited, assisted, or other16 wise participated in a war crime as defined 

17 in section 2441(c) of title 18, United 

18 States Code, a crime against humanity, or 

19 in the persecution of any person on ac20 count of race, religion, nationality, mem21 bership in a particular social group, or po22 litical opinion, is inadmissible. 

23 ‘‘(v) CRIME AGAINST HUMANITY DE24 FINED.—In this subparagraph, the term 

25 ‘crime against humanity’ means conduct 


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1 that is part of a widespread and systematic 

2 attack targeting any civilian population, 

3 and with knowledge that the conduct was 

4 part of the attack or with the intent that 

5 the conduct be part of the attack— 

6 ‘‘(I) that, if such conduct oc7 curred in the United States or in the 

8 special maritime and territorial juris9 diction of the United States, would 

10 violate— 

11 ‘‘(aa) section 1111 of title 

12 18, United States Code (relating 

13 to murder); 

14 ‘‘(bb) section 1201(a) of 

15 title 18, United States Code (re16 lating to kidnapping); 

17 ‘‘(cc) section 1203(a) of title 

18 18, United States Code (relating 

19 to hostage taking), notwith20 standing any exception under 

21 subsection (b) of such section 

22 1203; 

23 ‘‘(dd) section 1581(a) of 

24 title 18, United States Code (re25 lating to peonage); 


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1 ‘‘(ee) section 1583(a)(1) of 

2 title 18, United States Code (re3 lating to kidnapping or carrying 

4 away individuals for involuntary 

5 servitude or slavery); 

6 ‘‘(ff) section 1584(a) of title 

7 18, United States Code (relating 

8 to sale into involuntary ser9 vitude); 

10 ‘‘(gg) section 1589(a) of 

11 title 18, United States Code (re12 lating to forced labor); 

13 ‘‘(hh) section 1590(a) of 

14 title 18, United States Code (re15 lating to trafficking with respect 

16 to peonage, slavery, involuntary 

17 servitude, or forced labor); 

18 ‘‘(ii) section 1591(a) of title 

19 18, United States Code (relating 

20 to sex trafficking of children or 

21 by force, fraud, or coercion); 

22 ‘‘(jj) section 2241(a) of title 

23 18, United States Code (relating 

24 to aggravated sexual abuse by 

25 force or threat); or 


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1 ‘‘(kk) section 2242 of title 

2 18, United States Code (relating 

3 to sexual abuse); 

4 ‘‘(II) that would constitute tor5 ture as defined in section 2340(1) of 

6 title 18, United States Code; 

7 ‘‘(III) that would constitute cruel 

8 or inhuman treatment as described in 

9 section 2441(d)(1)(B) of title 18, 

10 United States Code; 

11 ‘‘(IV) that would constitute per12 forming biological experiments as de13 scribed in section 2441(d)(1)(C) of 

14 title 18, United States Code; 

15 ‘‘(V) that would constitute muti16 lation or maiming as described in sec17 tion 2441(d)(1)(E) of title 18, United 

18 States Code; or 

19 ‘‘(VI) that would constitute in20 tentionally causing serious bodily in21 jury as described in section 

22 2441(d)(1)(F) of title 18, United 

23 States Code.’’. 

24 ‘‘(vi) SYSTEMATIC.—In this subpara25 graph, the term ‘systematic’ means the 


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1 commission of a series of acts following a 

2 regular pattern and occurring in an orga3 nized, non-random manner. 

4 ‘‘(vii) WIDESPREAD.—In this sub5 paragraph, the term ‘widespread’ means ei6 ther a single, large scale act or a series of 

7 acts directed against a substantial number 

8 of victims. 

9 ‘‘(viii) SUPERIOR COMMANDER.—The 

10 term ‘superior commander’ means— 

11 ‘‘(I) a military commander or a 

12 person with effective control of mili13 tary forces or an armed group; 

14 ‘‘(II) who knew or should have 

15 known that a subordinate or someone 

16 under his or her effective control is 

17 committing acts described in sub18 section (a), is about to commit such 

19 acts, or had committed such acts; and 

20 ‘‘(III) who fails to take the nec21 essary and reasonable measures to 

22 prevent such acts or, for acts that 

23 have been committed, to punish the 

24 perpetrators thereof.’’. 

25 (3) by revising in (iii)(II) the following: 


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1 (A) by deleting ‘‘ of any foreign nation’’, 

2 and 

3 (B) by inserting after ‘‘is inadmissible’’ the 

4 following clause: 

5 ‘‘(III) Color of law. For purposes 

6 of this subsection and subsection 

7 237(a)(4)(D) only, acting under ‘color 

8 of law’ includes acts taken as part of 

9 an armed group exercising de facto 

10 authority.’’. 

11 (b) BARRING WAIVER OF INADMISSIBILITY FOR PER12 SECUTORS.—Subparagraph (A) of section 212(d)(3) of 

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

14 1182(d)(3)(A)) is amended by striking ‘‘and clauses (i) 

15 and (ii) of paragraph (3)(E)’’ both places that term ap16 pears and inserting ‘‘and (3)(E)’’. 

17 (c) REMOVAL OF PERSECUTORS.—Subparagraph (D) 

18 of section 237(a)(4) of the Immigration and Nationality 

19 Act (8 U.S.C. 1227(a)(4)(D)) is amended— 

20 (1) by striking ‘‘NAZI’’ in the subparagraph 

21 heading; and 

22 (2) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or 

23 (iv)’’; 

24 (3) by inserting after subsection (G), as redes25 ignated by Title VIII of this Act, the following: 


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1 ‘‘(H) Participation in female genital muti2 lation. Any alien who has committed, ordered, 

3 incited, assisted, or otherwise participated in fe4 male genital mutilation, is deportable.’’. 

5 (d) SEVERE VIOLATIONS OF RELIGIOUS FREE6 DOM.—Section 212(a)(2)(G) of the Immigration and Na7 tionality Act (8 U.S.C. 1182(a)(2)(G) is amended— 

8 (1) in the header, by striking ‘‘Foreign govern9 ment officials’’ and replacing it with ‘‘Any persons’’; 

10 and 

11 (2) by striking ‘‘, while serving as a foreign 

12 government official,’’. 

13 (e) BARRING PERSECUTORS FROM ESTABLISHING

14 GOOD MORAL CHARACTER.—Section 101(f) of the Immi15 gration and Nationality Act (8 U.S.C. 1101(f)) is amend16 ed— 

17 (1) in paragraph (9), by striking ‘‘killings) or 

18 212(a)(2)(G) (relating to severe violations of reli19 gious freedom).’’ and inserting ‘‘killings), 

20 212(a)(2)(G) (relating to severe violations of reli21 gious freedom), or 212(a)(3)(G) (relating to recruit22 ment and use of child soldiers);’’; and 

23 (2) by inserting after paragraph (9) the fol24 lowing: 


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1 ‘‘(10) one who at any time committed, ordered, 

2 incited, assisted, or otherwise participated in the 

3 persecution of any person on account of race, reli4 gion, nationality, membership in a particular social 

5 group, or political opinion is inadmissible.’’. 

6 (f) INCREASING CRIMINAL PENALTIES FOR ANYONE

7 WHO AIDS AND ABETS THE ENTRY OF A PERSECUTOR.— 

8 Section 277 of the Immigration and Nationality Act (8 

9 U.S.C. 1327) is amended by striking ‘‘(other than sub10 paragraph (E) thereof)’’. 

11 (g) INCREASING CRIMINAL PENALTIES FOR FEMALE

12 GENITAL MUTILATION.—Section 116 of Title 18 U.S.C. 

13 is amended— 

14 (1) in subsection (a), by striking ‘‘ shall be 

15 fined under this title or imprisoned not more than 

16 5 years, or both’’ at the end, and inserting the fol17 lowing: 

18

19

20 ‘‘has engaged in a violent crime against 

21 children under section 3559(f)(3) of this 

22 title and shall be imprisoned for life or for 

23 any term of years not less than 10.’’ 


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1 (2) in subsection (d), by striking ‘‘shall be fined 

2 under this title or imprisoned not more than 5 years, 

3 or both.’’ at the end, and inserting the following: 

4

5

6 ‘‘shall be imprisoned for life or for any 

7 term of years not less than 10.’’ 

8 (h) MATERIAL SUPPORT IN THE RECRUITMENT OR

9 USE OF CHILD SOLDIERS.— 

10 (1) Section 212(a)(3)(G) of the Immigration 

11 and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is 

12 amended by inserting after the ‘‘18,’’ the following 

13 new clause: 

14

15

16 ‘‘or has provided material support in the 

17 recruitment or use of child soldiers in vio18 lation of section 2339A of title 18,’’. 

19 (2) Section 237(a)(4)(G) of the Immigration 

20 and Nationality Act (8 U.S.C. 1227(a)(4)(G)), as 

21 amended by Title VIII of this Act, is amended by in22 serting after the ‘‘18,’’ the following new clause: 

23

24


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1 ‘‘or has provided material support in the 

2 recruitment or use of child soldiers in vio3 lation of section 2339A of title 18,’’. 

4 (i) FEMALE GENITAL MUTILATION.—Section 

5 212(a)(3) of the Immigration and Nationality Act (8 

6 U.S.C. 1182(a)(3)) is amended by inserting new (H) to 

7 read as follows: 

8 ‘‘(H) PARTICIPATION IN FEMALE GENITAL

9 MUTILATION.—Any alien who has ordered, in10 cited, assisted, or otherwise participated in fe11 male genital mutilation, is inadmissible.’’. 

12 (j) TECHNICAL AMENDMENTS.— 

13 (1) SECTION 101(A)(42).—Section 101(a)(42) of 

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

15 1101(a)(42)) is amended by inserting ‘‘committed,’’ 

16 before ‘‘ordered’’. 

17 (2) SECTION 208(B)(2)(A)(I).—Section 

18 208(b)(2)(A)(i) of the Immigration and Nationality 

19 Act (8 U.S.C. 1158(b)(2)(A)(i)) is amended by in20 serting ‘‘committed,’’ before ‘‘ordered’’. 

21 (3) SECTION 241(B)(3)(B)(I).—Section 

22 241(b)(3)(B)(i) of the Immigration and Nationality 

23 Act (8 U.S.C. 1231(b)(3)(B)(i)) is amended by in24 serting ‘‘committed,’’ before ‘‘ordered’’. 


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1 (k) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to any offense committed before, 

3 on, or after the date of enactment of this Act. 

4 SEC. 511. GANG MEMBERSHIP, REMOVAL, AND INCREASED 

5 CRIMINAL PENALTIES RELATED TO GANG VI6 OLENCE. 

7 (a) DEFINITION OF CRIMINAL GANG.—Section 

8 101(a) of the Immigration and Nationality Act (8 U.S.C. 

9 1101(a)) is amended by inserting after subparagraph (52) 

10 the following: 

11 ‘‘(53)(A) The term ‘criminal gang’ means an 

12 ongoing group, club, organization, or association of 

13 5 or more persons that— 

14 ‘‘(i) has as one of its primary purposes the 

15 commission of 1 or more of the criminal of16 fenses set out under subparagraph (B) and the 

17 members of which engage, or have engaged 

18 within the past 5 years, in a continuing series 

19 of such offenses; or 

20 ‘‘(ii) has been designated as a criminal 

21 gang by the Secretary of Homeland Security, in 

22 consultation with the Attorney General, as 

23 meeting criteria set out in clause (i). 

24 ‘‘(B) The offenses described under this sub25 paragraph, whether in violation of Federal or State 


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1 law or the law of a foreign country and regardless 

2 of whether the offenses occurred before, on, or after 

3 the date of the enactment of the Building America’s 

4 Trust Act, are the following: 

5 ‘‘(i) A felony drug offense (as that term is 

6 defined in section 102 of the Controlled Sub7 stances Act (21 U.S.C. 802)). 

8 ‘‘(ii) An offense involving illicit trafficking 

9 in a controlled substance (as defined in section 

10 102 of the Controlled Substances Act), includ11 ing a drug trafficking crime (as defined in sec12 tion 924(c) of title 18, United States Code). 

13 ‘‘(iii) An offense under section 274 (relat14 ing to bringing in and harboring certain aliens), 

15 section 277 (relating to aiding or assisting cer16 tain aliens to enter the United States), or sec17 tion 278 (relating to importation of alien for 

18 immoral purpose). 

19 ‘‘(iv) Any offense under Federal, State, or 

20 Tribal law, that has, as an element, the use or 

21 attempted use of physical force or the threat22 ened use of physical force or a deadly weapon. 

23 ‘‘(v) Any offense that has as an element 

24 the use, attempted use, or threatened use of 

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1 rectly or indirectly) serious bodily injury, in2 cluding an injury that may ultimately result in 

3 the death of a person. 

4 ‘‘(vi) An offense involving obstruction of 

5 justice, tampering with or retaliating against a 

6 witness, victim, or informant, or burglary. 

7 ‘‘(vii) Any conduct punishable under sec8 tion 1028 or 1029 of title 18, United States 

9 Code (relating to fraud and related activity in 

10 connection with identification documents or ac11 cess devices), sections 1581 through 1594 of 

12 such title (relating to peonage, slavery and traf13 ficking in persons), section 1952 of such title 

14 (relating to interstate and foreign travel or 

15 transportation in aid of racketeering enter16 prises), section 1956 of such title (relating to 

17 the laundering of monetary instruments), sec18 tion 1957 of such title (relating to engaging in 

19 monetary transactions in property derived from 

20 specified unlawful activity), or sections 2312 

21 through 2315 of such title (relating to inter22 state transportation of stolen motor vehicles or 

23 stolen property). 

24 ‘‘(viii) A conspiracy to commit an offense 

25 described in clauses (i) through (v). 


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1 ‘‘(C) Notwithstanding any other provision of 

2 law (including any effective date), a group, club, or3 ganization, or association shall be considered a 

4 criminal gang regardless of whether the conduct oc5 curred before, on, or after the date of the enactment 

6 of the Building America’s Trust Act.’’. 

7 (b) INADMISSIBILITY.—Paragraph (2) of section 

8 212(a) of the Immigration and Nationality Act (8 U.S.C. 

9 1182(a)(2)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

12 GANGS.—Any alien is inadmissible who a con13 sular officer, the Secretary of Homeland Secu14 rity, or the Attorney General knows or has rea15 son to believe— 

16 ‘‘(i) to be or to have been a member 

17 of a criminal gang (as defined in section 

18 101(a)(53)); or 

19 ‘‘(ii) to have participated in the activi20 ties of a criminal gang (as defined in sec21 tion 101(a)(53)), knowing or having reason 

22 to know that such activities will promote, 

23 further, aid, or support the illegal activity 

24 of the criminal gang.’’. 


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1 (c) DEPORTABILITY.—Paragraph (2) of section 

2 237(a) of the Immigration and Nationality Act (8 U.S.C. 

3 1227(a)(2)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

6 GANGS.—Any alien who the Secretary of Home7 land Security or the Attorney General knows or 

8 has reason to believe— 

9 ‘‘(i) is or has been a member of a 

10 criminal gang (as defined in section 

11 101(a)(53)), or 

12 ‘‘(ii) has participated in the activities 

13 of a criminal gang (as defined in section 

14 101(a)(53)) knowing or having reason to 

15 know that such activities will promote, fur16 ther, aid, or support the illegal activity of 

17 the criminal gang, 

18 is deportable.’’. 

19 (d) DESIGNATION OF CRIMINAL GANGS.— 

20 (1) IN GENERAL.—Chapter 2 of title II of the 

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

22 seq.) is amended by adding at the end the following: 

23 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. 

24 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se25 curity, in consultation with the Attorney General, and the 


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1 Secretary of State may designate a group or association 

2 as a criminal gang if their conduct is described in section 

3 101(a)(53) or if the group’s or association’s conduct poses 

4 a significant risk that threatens the security and the pub5 lic safety of United States nationals or the national secu6 rity, homeland security, foreign policy, or economy of the 

7 United States. 

8 ‘‘(b) EFFECTIVE DATE.—Designations under sub9 section (a) shall remain in effect until the designation is 

10 revoked after consultation between the Secretary of Home11 land Security, the Attorney General, and the Secretary of 

12 State or is terminated in accordance with Federal law.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents in the first section of the Immigration and Na15 tionality Act is amended by inserting after the item 

16 relating to section 219 the following: 

‘‘220. Designation of criminal gangs.’’ 

17 (e) ANNUAL REPORT ON DETENTION OF CRIMINAL

18 GANG MEMBERS.—Not later than March 1 of each year 

19 (beginning 1 year after the date of the enactment of this 

20 Act), the Secretary, after consultation with the heads of 

21 appropriate Federal agencies, shall submit to the Com22 mittee on Homeland Security and Governmental Affairs 

23 and the Committee on the Judiciary of the Senate and 

24 the Committee on Homeland Security and the Committee 

25 on the Judiciary of the House of Representatives a report 


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1 on the number of aliens detained who are described by 

2 subparagraph (J) of section 212(a)(2) and subparagraph 

3 (G) of section 237(a)(2) of the Immigration and Nation4 ality Act (8 U.S.C. 1182(a)(2)(J) and 1227(a)(2)(G)), as 

5 added by subsections (b) and (c). 

6 (f) ASYLUM CLAIMS BASED ON GANG AFFILI7 ATION.— 

8 (1) INAPPLICABILITY OF RESTRICTION ON RE9 MOVAL TO CERTAIN COUNTRIES.—Subparagraph (B) 

10 of section 241(b)(3) of the Immigration and Nation11 ality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in 

12 the matter preceding clause (i), by inserting ‘‘who is 

13 described in section 212(a)(2)(J)(i) or section 

14 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

15 (2) INELIGIBILITY FOR ASYLUM.—Subpara16 graph (A) of section 208(b)(2) of the Immigration 

17 and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 

18 amended— 

19 (A) in clause (v), by striking ‘‘or’’ at the 

20 end; 

21 (B) by redesignating clause (vi) as clause 

22 (vii); and 

23 (C) by inserting after clause (v) the fol24 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 (relating to participation in criminal 

4 gangs); or’’. 

5 (g) TEMPORARY PROTECTED STATUS.—Section 244 

6 of the Immigration and Nationality Act (8 U.S.C. 1254a) 

7 is amended— 

8 (1) by striking ‘‘Attorney General’’ each place 

9 that term appears and inserting ‘‘Secretary’’; 

10 (2) in subsection (c)(2)(B)— 

11 (A) in clause (i), by striking ‘‘States, or’’ 

12 and inserting ‘‘States;’’; 

13 (B) in clause (ii), by striking the period at 

14 the end and inserting ‘‘; or’’; and 

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

16 ‘‘(iii) the alien is, or at any time after 

17 admission has been, an alien described in 

18 section 212(a)(2)(J)(i) or section 

19 237(a)(2)(G)(i).’’. 

20 (h) EFFECTIVE DATE AND APPLICATION.—The 

21 amendments made by this section shall take effect on the 

22 date of the enactment of this Act and shall apply to acts 

23 that occur before, on, or after the date of the enactment 

24 of this Act. 


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1 SEC. 512. BARRING ALIENS WITH CONVICTIONS FOR DRIV2 ING UNDER THE INFLUENCE OR WHILE IN3 TOXICATED. 

4 (a) AGGRAVATED FELONY DRIVING WHILE INTOXI5 CATED.— 

6 (1) DEFINITIONS.—Section 101(a)(43) of the 

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

8 1101(a)(43)) is amended— 

9 (A) in subparagraph (T), by striking 

10 ‘‘and’’; 

11 (B) in subparagraph (U), by striking the 

12 period at the end and inserting ‘‘; and’’; and 

13 (C) by inserting after subparagraph (U) 

14 the following: 

15 ‘‘(V) a single conviction for driving while 

16 intoxicated (including a conviction for driving 

17 while under the influence of or impaired by al18 cohol or drugs), when such impaired driving 

19 was the cause of the serious bodily injury or 

20 death of another person or a second or subse21 quent conviction for driving while intoxicated 

22 (including a conviction for driving under the in23 fluence of or impaired by alcohol or drugs), 

24 without regard to whether the conviction is clas25 sified as a misdemeanor or felony under State 

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1 retary of Homeland Security or the Attorney 

2 General are not required to prove the first con3 viction for driving while intoxicated (including a 

4 conviction for driving while under the influence 

5 of or impaired by alcohol or drugs) as a predi6 cate offense and need only make a factual de7 termination that the alien was previously con8 victed for driving while intoxicated (including a 

9 conviction for driving while under the influence 

10 of or impaired by alcohol or drugs).’’. 

11 (2) EFFECTIVE DATE AND APPLICATION.—The 

12 amendments made by this section shall take effect 

13 on the date of the enactment of this Act and apply 

14 to any conviction entered on or after such date. 

15 (b) INADMISSIBILITY FOR DRIVING WHILE INTOXI16 CATED OR UNDER THE INFLUENCE.— 

17 (1) IN GENERAL.—Paragraph (2) of section 

18 212(a) of the Immigration and Nationality Act (8 

19 U.S.C. 1182(a)(2)), as amended by section 507, is 

20 further amended by adding at the end the following: 

21 ‘‘(K) DRIVING WHILE INTOXICATED AND

22 UNLAWFULLY PRESENT IN THE UNITED

23 STATES.—An alien who— 


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1 ‘‘(i) is convicted of driving while in2 toxicated, driving under the influence, or 

3 similar violation of State law, and 

4 ‘‘(ii) at the time of the commission of 

5 that offense was unlawfully present in the 

6 United States because the alien entered 

7 without inspection or admission, overstayed 

8 the period of stay authorized by the Sec9 retary, or violated the terms of the alien’s 

10 nonimmigrant visa, 

11 is inadmissible.’’. 

12 (2) EFFECTIVE DATE AND APPLICATION.—The 

13 amendments made by paragraph (1) shall take effect 

14 on the date of the enactment of this Act and apply 

15 to any conviction entered on or after such date. 

16 (c) DEPORTATION FOR DRIVING WHILE INTOXI17 CATED OR UNDER THE INFLUENCE.— 

18 (1) IN GENERAL.—Paragraph (2) of section 

19 237(a) of the Immigration and Nationality Act (8 

20 U.S.C. 1227(a)(2)), as amended by section 507, is 

21 further amended by adding at the end the following: 

22 ‘‘(H) DRIVING WHILE INTOXICATED AND

23 WHILE UNLAWFULLY PRESENT IN THE UNITED

24 STATES.—An alien is deportable who— 


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1 ‘‘(i) at the time of commission of the 

2 offense is unlawfully present in the United 

3 States because the alien entered without 

4 inspection or admission, overstayed the pe5 riod of stay authorized by the Secretary, or 

6 violated the terms of the alien’s non7 immigrant visa; and 

8 ‘‘(ii) is convicted of driving while in9 toxicated, driving under the influence, or 

10 similar violation of State law.’’. 

11 (2) APPLICATION.—The amendment made by 

12 paragraph (1) shall take effect on the date of the en13 actment of this Act and apply to any conviction en14 tered on or after such date. 

15 (d) GOOD MORAL CHARACTER BAR FOR DUI OR

16 DWI CONVICTIONS.— 

17 (1) IN GENERAL.—Section 101(f) of the Immi18 gration and Nationality Act (8 U.S.C. 1101(f)), as 

19 amended by section 506, is further amended by in20 serting after paragraph (1) the following: 

21 ø‘‘(2) inadmissible under section 212(a)(2)(K) 

22 or deportable under section 237(a)(2)(H);¿ 

23 ø‘‘(e) TECHNICAL AND CONFORMING AMEND24 MENTS.—Subsection (h) of section 212 of the Immigration 

25 and Nationality Act (8 U.S.C. 1182(h)) is amended—¿ 


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1 ø‘‘(1) by inserting ‘or the Secretary’ after ‘the 

2 Attorney General’ each place such term appears; 

3 and¿ 

4 ø‘‘(2) in the matter preceding paragraph (1), 

5 by striking ‘and (E)’ and inserting ‘(E), and 

6 (K)’.’’.¿ 

7 ø(2) APPLICATION.—The amendment made by 

8 paragraph (1) shall take effect on the date of the en9 actment of this Act and apply to any conviction en10 tered on or after such date.¿ 

11 SEC. 513. BARRING AGGRAVATED FELONS, BORDER CHECK12 POINT RUNNERS, AND SEX OFFENDERS FROM 

13 ADMISSION TO THE UNITED STATES. 

14 (a) INADMISSIBILITY ON CRIMINAL AND RELATED

15 GROUNDS; WAIVERS.—Section 212 of the Immigration 

16 and Nationality Act (8 U.S.C. 1182) is amended— 

17 (1) in subsection (a)(2)— 

18 (A) in subparagraph (A)(i)— 

19 (i) in subclause (I), by striking ‘‘, or’’ 

20 and inserting a semicolon; 

21 (ii) in subclause (II), by striking the 

22 comma at the end and inserting ‘‘; or’’; 

23 and 

24 (iii) by inserting after subclause (II) 

25 the following: 


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1 ‘‘(III) a violation of (or a con2 spiracy or attempt to violate) any 

3 statute relating to section 208 of the 

4 Social Security Act (42 U.S.C. 408) 

5 (relating to social security account 

6 numbers or social security cards) or 

7 section 1028 of title 18, United States 

8 Code (relating to fraud and related 

9 activity in connection with identifica10 tion documents, authentication fea11 tures, and information);’’; and 

12 (B) by inserting after subparagraph (K), 

13 as added by section 508, the following: 

14 ‘‘(L) CITIZENSHIP FRAUD.—Any alien con15 victed of, or who admits having committed, or 

16 who admits committing acts which constitute 

17 the essential elements of, a violation of, or an 

18 attempt or a conspiracy to violate, subsection 

19 (a) or (b) of section 1425 of title 18, United 

20 States Code, (relating to the procurement of 

21 citizenship or naturalization unlawfully) is inad22 missible. 

23 ‘‘(M) CERTAIN FIREARM OFFENSES.—Any 

24 alien who at any time has been convicted under 

25 any law of, or who admits having committed or 


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1 admits committing acts which constitute the es2 sential elements of, any law relating to pur3 chasing, selling, offering for sale, exchanging, 

4 using, owning, possessing, or carrying, or of at5 tempting or conspiring to purchase, sell, offer 

6 for sale, exchange, use, own, possess, or carry, 

7 any weapon, part, or accessory which is a fire8 arm or destructive device (as defined in section 

9 921(a) of title 18, United States Code) in viola10 tion of any law is inadmissible. 

11 ‘‘(N) AGGRAVATED FELONS.—Any alien 

12 who has been convicted of an aggravated felony 

13 as defined in section 101(a)(43) at any time is 

14 inadmissible. 

15 ‘‘(O) HIGH SPEED FLIGHT.—Any alien 

16 who has been convicted of a violation of section 

17 758 of title 18, United States Code, (relating to 

18 high speed flight from an immigration check19 point) is inadmissible. 

20 ‘‘(P) FAILURE TO REGISTER AS A SEX OF21 FENDER.—Any alien convicted under section 

22 2250 of title 18, United States Code is inadmis23 sible. 


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1 ‘‘(Q) CRIMES OF DOMESTIC VIOLENCE, 

2 STALKING, OR VIOLATION OF PROTECTION OR3 DERS; CRIMES AGAINST CHILDREN.— 

4 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

5 AND CHILD ABUSE.— 

6 ‘‘(I) IN GENERAL.—Any alien 

7 who at any time is or has been con8 victed of a crime involving the use or 

9 attempted use of physical force, or 

10 threatened use of a deadly weapon, a 

11 crime of domestic violence, a crime of 

12 stalking, or a crime of child abuse, 

13 child neglect, or child abandonment is 

14 inadmissible. 

15 ‘‘(II) CRIME OF DOMESTIC VIO16 LENCE DEFINED.—For purposes of 

17 this clause, the term ‘crime of domes18 tic violence’ means any crime of vio19 lence or any offense under Federal, 

20 State, or Tribal law, that has, as an 

21 element, the use or attempted use of 

22 physical force or the threatened use of 

23 physical force or a deadly weapon 

24 against a person committed by a cur25 rent or former spouse of the person, 


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1 by an individual with whom the per2 son shares a child in common, by an 

3 individual who is cohabiting with or 

4 has cohabited with the person as a 

5 spouse, by an individual similarly situ6 ated to a spouse of the person under 

7 the domestic or family violence laws of 

8 the jurisdiction where the offense oc9 curs, or by any other individual 

10 against a person who is protected 

11 from that individual’s acts under the 

12 domestic or family violence laws of the 

13 United States or any State, Indian 

14 tribal government, or unit of local 

15 government. 

16 ‘‘(ii) VIOLATORS OF PROTECTION OR17 DERS.— 

18 ‘‘(I) IN GENERAL.—Any alien 

19 who at any time is or has been en20 joined under a protection order issued 

21 by a court and whom the court deter22 mines has engaged in conduct that 

23 violates the portion of a protection 

24 order that involves protection against 

25 credible threats of violence, repeated 


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1 harassment, or bodily injury to the 

2 person or persons for whom the pro3 tection order was issued is inadmis4 sible. 

5 ‘‘(II) PROTECTIVE ORDER DE6 FINED.—In this clause, the term ‘pro7 tection order’ means any injunction 

8 issued for the purpose of preventing 

9 violent or threatening acts of violence 

10 that involve the use or attempted use 

11 of physical force, or threatened use of 

12 a deadly weapon, committed by a cur13 rent or former spouse, parent, or 

14 guardian of the victim, by a person 

15 with whom the victim shares a child 

16 in common, by a person who is cohab17 iting with or has cohabited with the 

18 victim as a spouse, parent, or guard19 ian, or by a person similarly situated 

20 to a spouse, parent, or guardian of 

21 the victim, including temporary or 

22 final orders issued by civil or criminal 

23 courts (other than support or child 

24 custody orders or provisions) whether 

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1 tion or as an independent order in an2 other proceeding. 

3 ‘‘(iii) WAIVER AUTHORIZED.—For 

4 provision authorizing waiver of this sub5 paragraph, see subsection (o).’’; and 

6 (2) in subsection (h)— 

7 (A) in the matter preceding paragraph (1), 

8 as amended by this Act, by further amended by 

9 striking ‘‘, and (K)’’, and inserting ‘‘(K), and 

10 (M)’’; 

11 (B) in the matter following paragraph 

12 (2)— 

13 (i) by striking ‘‘torture.’’ and insert14 ing ‘‘torture, or has been convicted of an 

15 aggravated felony.’’; and 

16 (ii) by striking ‘‘if either since the 

17 date of such admission the alien has been 

18 convicted of an aggravated felony or the 

19 alien’’ and inserting ‘‘if since the date of 

20 such admission the alien’’. 

21 (3) by adding new subsection (o) to read as fol22 lows— 

23 ‘‘(o) WAIVER FOR VICTIMS OF DOMESTIC VIO24 LENCE.— 


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

2 Security or Attorney General is not limited by the 

3 criminal court record and may waive the application 

4 of paragraph (2)(Q)(i) (with respect to crimes of do5 mestic violence and crimes of stalking) and (ii) in 

6 the case of an alien who has been battered or sub7 jected to extreme cruelty and who is not and was not 

8 the primary perpetrator of violence in the relation9 ship upon a determination that— 

10 ‘‘(A) the alien was acting in self-defense; 

11 ‘‘(B) the alien was found to have violated 

12 a protection order intended to protect the alien; 

13 or 

14 ‘‘(C) the alien committed, was arrested for, 

15 was convicted of, or pled guilty to committing 

16 a crime— 

17 ‘‘(i) that did not result in serious bod18 ily injury; and 

19 ‘‘(ii) where there was a connection be20 tween the crime and the alien’s having 

21 been battered or subjected to extreme cru22 elty. 

23 ‘‘(2) CREDIBLE EVIDENCE CONSIDERED.—In 

24 acting on applications under this paragraph, the 

25 Secretary of Homeland Security or Attorney General 


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1 shall consider any credible evidence relevant to the 

2 application. The determination of what evidence is 

3 credible and the weight to be given that evidence 

4 shall be within the sole discretion of the Secretary 

5 of Homeland Security or Attorney General.’’. 

6 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

7 237(a)(3)(B) of the Immigration and Nationality Act (8 

8 U.S.C. 1227(a)(3)(B)) is amended— 

9 (1) in clause (i), by striking the comma at the 

10 end and inserting a semicolon; 

11 (2) in clause (ii), by striking ‘‘, or’’ at the end 

12 and inserting a semicolon; 

13 (3) in clause (iii), by striking the comma at the 

14 end and inserting ‘‘; or’’; and 

15 (4) by inserting after clause (iii) the following: 

16 ‘‘(iv) of a violation of, or an attempt 

17 or a conspiracy to violate, subsection (a) or 

18 (b) of section 1425 of title 18 (relating to 

19 the procurement of citizenship or natu20 ralization unlawfully),’’. 

21 (c) DEPORTABILITY; CRIMINAL OFFENSES.—Para22 graph (2) of section 237(a) of the Immigration and Na23 tionality Act (8 U.S.C. 1227(a)(2)), as amended by sec24 tions 507 and 508, is further amended by adding at the 

25 end the following: 


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1 ‘‘(I) IDENTIFICATION FRAUD.—Any alien 

2 who is convicted of a violation of (or a con3 spiracy or attempt to violate) an offense relat4 ing to section 208 of the Social Security Act 

5 (42 U.S.C. 408) (relating to social security ac6 count numbers or social security cards) or sec7 tion 1028 of title 18, United States Code, (re8 lating to fraud and related activity in connec9 tion with identification), is deportable.’’. 

10 (d) APPLICABILITY.—The amendments made by this 

11 section shall apply to— 

12 (1) any act that occurred before, on, or after 

13 the date of the enactment of this Act; 

14 (2) all aliens who are required to establish ad15 missibility on or after such date of enactment; and 

16 (3) all removal, deportation, or exclusion pro17 ceedings that are filed, pending, or reopened, on or 

18 after such date of enactment. 

19 (e) CONSTRUCTION.—The amendments made by this 

20 section shall not be construed to create eligibility for relief 

21 from removal under former section 212(c) of the Immigra22 tion and Nationality Act (8 U.S.C. 1182(c)) if such eligi23 bility did not exist before the date of enactment of this 

24 Act. 


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1 SEC. 514. PROTECTING IMMIGRANTS FROM CONVICTED 

2 SEX OFFENDERS. 

3 (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra4 tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend5 ed— 

6 (1) in subparagraph (A), by amending clause 

7 (viii) to read as follows: 

8 ‘‘(viii) Clause (i) shall not apply to a 

9 citizen of the United States who has been 

10 convicted of an offense described in sub11 paragraph (A), (I), or (K) of section 

12 101(a)(43) or a specified offense against a 

13 minor as defined in section 111 of the 

14 Adam Walsh Child Protection and Safety 

15 Act of 2006 (42 U.S.C. 16911(7)), unless 

16 the Secretary of Homeland Security, in the 

17 Secretary’s sole and unreviewable discre18 tion, determines that the citizen poses no 

19 risk to the alien with respect to whom a 

20 petition described in clause (i) is filed.’’; 

21 and 

22 (2) in subparagraph (B)(i)— 

23 (A) by redesignating the second subclause 

24 (I) as subclause (II); and 

25 (B) by amending such subclause (II) to 

26 read as follows: 


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1 ‘‘(II) Subclause (I) shall not 

2 apply in the case of an alien lawfully 

3 admitted for permanent residence who 

4 has been convicted of an offense de5 scribed in subparagraph (A), (I), or 

6 (K) of section 101(a)(43) or a speci7 fied offense against a minor as de8 fined in section 111 of the Adam 

9 Walsh Child Protection and Safety 

10 Act of 2006 (42 U.S.C. 16911(7)), 

11 unless the Secretary of Homeland Se12 curity, in the Secretary’s sole and 

13 unreviewable discretion, determines 

14 that the alien lawfully admitted for 

15 permanent residence poses no risk to 

16 the alien with respect to whom a peti17 tion described in subclause (I) is 

18 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. 515. ENHANCED CRIMINAL PENALTIES FOR HIGH 

4 SPEED FLIGHT. 

5 (a) IN GENERAL.—Section 758 of title 18, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 758. Unlawful flight from immigration or customs 

8 controls 

9 ‘‘(a) EVADING A CHECKPOINT.—Any person who, 

10 while operating a motor vehicle or vessel, knowingly flees 

11 or evades a checkpoint operated by the Department of 

12 Homeland Security or any other Federal law enforcement 

13 agency, and then knowingly or recklessly disregards or dis14 obeys the lawful command of any law enforcement agent, 

15 shall be fined under this title, imprisoned not more than 

16 5 years, or both. 

17 ‘‘(b) FAILURE TO STOP.—Any person who, while op18 erating a motor vehicle, aircraft, or vessel, knowingly or 

19 recklessly disregards or disobeys the lawful command of 

20 an officer of the Department of Homeland Security en21 gaged in the enforcement of the immigration, customs, or 

22 maritime laws, or the lawful command of any law enforce23 ment agent assisting such officer, shall be fined under this 

24 title, imprisoned not more than 2 years, or both. 


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1 ‘‘(c) ALTERNATIVE PENALTIES.—Notwithstanding 

2 the penalties provided in subsection (a) or (b), any person 

3 who violates such subsection shall— 

4 ‘‘(1) be fined under this title, imprisoned not 

5 more than 10 years, or both, if the violation involved 

6 the operation of a motor vehicle, aircraft, or vessel— 

7 ‘‘(A) in excess of the applicable or posted 

8 speed limit, 

9 ‘‘(B) in excess of the rated capacity of the 

10 motor vehicle, aircraft, or vessel, or 

11 ‘‘(C) in an otherwise dangerous or reckless 

12 manner; 

13 ‘‘(2) be fined under this title, imprisoned not 

14 more than 20 years, or both, if the violation created 

15 a substantial and foreseeable risk of serious bodily 

16 injury or death to any person; 

17 ‘‘(3) be fined under this title, imprisoned not 

18 more than 30 years, or both, if the violation caused 

19 serious bodily injury to any person; or 

20 ‘‘(4) be fined under this title, imprisoned for 

21 any term of years or life, or both, if the violation re22 sulted in the death of any person. 

23 ‘‘(d) ATTEMPT AND CONSPIRACY.—Any person who 

24 attempts or conspires to commit any offense under this 


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1 section shall be punished in the same manner as a person 

2 who completes the offense. 

3 ‘‘(e) FORFEITURE.—Any property, real or personal, 

4 constituting or traceable to the gross proceeds of the of5 fense and any property, real or personal, used or intended 

6 to be used to commit or facilitate the commission of the 

7 offense shall be subject to forfeiture. 

8 ‘‘(f) FORFEITURE PROCEDURES.—Seizures and for9 feitures under this section shall be governed by the provi10 sions of chapter 46 of this title, relating to civil forfeitures, 

11 including section 981(d), except that such duties as are 

12 imposed upon the Secretary of the Treasury under the 

13 customs laws described in that section shall be performed 

14 by such officers, agents, and other persons as may be des15 ignated for that purpose by the Secretary of Homeland 

16 Security or the Attorney General. Nothing in this section 

17 shall limit the authority of the Secretary of Homeland Se18 curity to seize and forfeit motor vehicles, aircraft, or ves19 sels under the Customs laws or any other laws of the 

20 United States. 

21 ‘‘(g) DEFINITIONS.—For purposes of this section— 

22 ‘‘(1) the term ‘checkpoint’ includes, but is not 

23 limited to, any customs or immigration inspection at 

24 a port of entry or immigration inspection at a U.S. 

25 Border Patrol checkpoint; 


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1 ‘‘(2) the term ‘law enforcement agent’ means— 

2 ‘‘(A) any Federal, State, local or tribal of3 ficial authorized to enforce criminal law; and 

4 ‘‘(B) when conveying a command described 

5 in subsection (b), an air traffic controller; 

6 ‘‘(3) the term ‘lawful command’ includes a com7 mand to stop, decrease speed, alter course, or land, 

8 whether communicated orally, visually, by means of 

9 lights or sirens, or by radio, telephone, or other com10 munication; 

11 ‘‘(4) the term ‘motor vehicle’ means any motor12 ized or self-propelled means of terrestrial transpor13 tation; and 

14 ‘‘(5) the term ‘serious bodily injury’ has the 

15 meaning given in section 2119(2) of this title.’’. 

16 (b) CONSTRUCTION.—The amendments made by sub17 section (a) shall not be construed to create eligibility for 

18 relief from removal under former section 212(c) of the Im19 migration and Nationality Act (8 U.S.C. 1182(c)) if such 

20 eligibility did not exist before the date of enactment of 

21 this Act. 

22 SEC. 516. PROHIBITION ON ASYLUM AND CANCELLATION 

23 OF REMOVAL FOR TERRORISTS. 

24 (a) ASYLUM.—Subparagraph (A) of section 

25 208(b)(2) of the Immigration and Nationality Act (8 


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1 U.S.C. 1158(b)(2)(A)), as amended by section 506 and 

2 507, is further amended— 

3 (1) by inserting ‘‘or the Secretary’’ after ‘‘if the 

4 Attorney General’’; and 

5 (2) by striking clause (v), and inserting: 

6 ‘‘(v) the alien is described in section 

7 212(a)(3)(B)(i) or section 212(a)(3)(F), 

8 unless, in the case of an alien described in 

9 subclause (IX) of section 212(a)(3)(B)(i), 

10 the Secretary or the Attorney General de11 termines, in his or her sole and 

12 unreviewable discretion, that there are not 

13 reasonable grounds for regarding the alien 

14 as a danger to the security of the United 

15 States;’’. 

16 (b) CANCELLATION OF REMOVAL.—Paragraph (4) of 

17 section 240A(c) of the Immigration and Nationality Act 

18 (8 U.S.C. 1229b(c)(4)) is amended— 

19 (1) by striking ‘‘inadmissible under’’ and insert20 ing ‘‘described in’’; and 

21 (2) by striking ‘‘deportable under’’ and insert22 ing ‘‘described in’’. 

23 (c) RESTRICTION ON REMOVAL.— 


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1 (1) IN GENERAL.—Subparagraph (A) of section 

2 241(b)(3) of the Immigration and Nationality Act (8 

3 U.S.C. 1231(b)(3)(A)) is amended— 

4 (A) by inserting ‘‘or the Secretary’’ after 

5 ‘‘Attorney General’’ both places that term ap6 pears; 

7 (B) by striking ‘‘Notwithstanding’’ and in8 serting the following: 

9 ‘‘(i) IN GENERAL.—Notwithstanding’’; 

10 and 

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

12 ‘‘(ii) BURDEN OF PROOF.—The alien 

13 has the burden of proof to establish that 

14 the alien’s life or freedom would be threat15 ened in such country, and that race, reli16 gion, nationality, membership in a par17 ticular social group, or political opinion 

18 would be at least one central reason for 

19 such threat.’’. 

20 (2) EXCEPTION.—Subparagraph (B) of section 

21 241(b)(3) of the Immigration and Nationality Act (8 

22 U.S.C. 1231(b)(3)(B)) is amended— 

23 (A) by inserting ‘‘or the Secretary of 

24 Homeland Security’’ after ‘‘Attorney General’’ 

25 both places that term appears; 


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1 (B) in clause (iii), striking ‘‘or’’ at the end; 

2 (C) in clause (iv), striking the period at 

3 the end and inserting ‘‘; or’’; 

4 (D) inserting after clause (iv) the fol5 lowing: 

6 ‘‘(v) the alien is described in section 

7 212(a)(3)(B)(i) or section 212(a)(3)(F), 

8 unless, in the case of an alien described in 

9 subclause (IX) of section 212(a)(3)(B)(i), 

10 the Secretary of Homeland Security or the 

11 Attorney General determines, in his or her 

12 sole and unreviewable discretion, that there 

13 are not reasonable grounds for regarding 

14 the alien as a danger to the security of the 

15 United States; 

16 ‘‘(vi) the alien is convicted of an ag17 gravated felony.’’; and 

18 (E) by striking the undesignated matter at 

19 the end of the subparagraph (B). 

20 (3) SUSTAINING BURDEN OF PROOF; CREDI21 BILITY DETERMINATIONS.—Subparagraph (C) of 

22 section 241(b)(3) of the Immigration and Nation23 ality Act (8 U.S.C. 1231(b)(3)(C)) is amended by 

24 striking ‘‘In determining whether an alien has dem25 onstrated that the alien’s life or freedom would be 


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1 threatened for a reason described in subparagraph 

2 (A),’’ and inserting ‘‘For purposes of this para3 graph,’’. 

4 (4) EFFECTIVE DATE AND APPLICATION.—The 

5 amendments made in paragraphs (1) and (2) shall 

6 take effect as if enacted on May 11, 2005, and shall 

7 apply to applications for withholding of removal 

8 made on or after such date. 

9 (d) EFFECTIVE DATES.—Except as provided in para10 graph (c)(4), the amendments made by this section shall 

11 take effect on the date of the enactment of this Act and 

12 sections 208(b)(2)(A), 240A(c), and 241(b)(3) of the Im13 migration and Nationality Act, as so amended, shall apply 

14 to— 

15 (1) all aliens in removal, deportation, or exclu16 sion proceedings; 

17 (2) all applications pending on, or filed after, 

18 the date of the enactment of this Act; and 

19 (3) with respect to aliens and applications de20 scribed in paragraph (1) or (2) of this subsection, 

21 acts and conditions constituting a ground for exclu22 sion, deportation, or removal occurring or existing 

23 before, on, or after the date of the enactment of this 

24 Act. 


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1 SEC. 517. AGGRAVATED FELONIES. 

2 (a) DEFINITION OF AGGRAVATED FELONY.—Para3 graph (43) of section 101(a) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(43)), as amended by sec5 tion 508, is further amended— 

6 (1) in subparagraph (A), by striking ‘‘sexual 

7 abuse of a minor;’’ and inserting ‘‘any conviction for 

8 a sex offense, including an offense described in sec9 tions 2241 and 2243 of Title 18, United States 

10 Code, or an offense where the alien abused or was 

11 involved in the abuse of any individual under the age 

12 of 18 years, or in which the victim is in fact under 

13 the age of 18 years, regardless of the reason and ex14 tent of the act, the sentence imposed, or the ele15 ments in the offense that are required for convic16 tion;’’; 

17 (2) in subparagraph (F), by striking ‘‘at least 

18 one year’’ and inserting ‘‘is at least one year, except 

19 that if the conviction records do not conclusively es20 tablish whether a crime constitutes a crime of vio21 lence or an offense under Federal, State, or Tribal 

22 law, that has, as an element, the use or attempted 

23 use of physical force or the threatened use of phys24 ical force or a deadly weapon, the Attorney General 

25 or Secretary of Homeland Security may consider 

26 other evidence related to the conviction, including 


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1 but not limited to police reports and witness state2 ments, that clearly establishes that the conduct for 

3 which the alien was engaged constitutes a crime of 

4 violence or an offense under Federal, State, or Trib5 al law, that has, as an element, the use or attempted 

6 use of physical force or the threatened use of phys7 ical force or a deadly weapon;’’; 

8 (3) by striking subparagraph (G) and inserting 

9 the following: 

10 ‘‘(G) a theft offense under State or 

11 Federal law (including theft by deceit, 

12 theft by fraud, and receipt of stolen prop13 erty) or burglary offense under State or 

14 Federal law for which the term of impris15 onment is at least one year, except that if 

16 the conviction records do not conclusively 

17 establish whether a crime constitutes a 

18 theft or burglary offense, the Attorney 

19 General or Secretary of Homeland Security 

20 may consider other evidence related to the 

21 conviction, including but not limited to po22 lice reports and witness statements, that 

23 clearly establishes that the conduct for 

24 which the alien was engaged constitutes a 

25 theft or burglary offense;’’; 


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1 (4) in subparagraph (I), by striking ‘‘or 2252’’ 

2 and inserting ‘‘2252, or 2252A’’; 

3 (5) in subparagraph (N), by striking ‘‘para4 graph (1)(A) or (2) of’’ and inserting a semicolon at 

5 the end; 

6 (6) in subparagraph (O), by striking ‘‘section 

7 275(a) or 276 committed by an alien who was pre8 viously deported on the basis of a conviction for an 

9 offense described in another subparagraph of this 

10 paragraph;’’ and inserting ‘‘section 275 or 276 for 

11 which the term of imprisonment is at least 1 year;’’; 

12 (7) in subparagraph (P) by striking ‘‘(i) which 

13 either is falsely making, forging, counterfeiting, mu14 tilating, or altering a passport or instrument in vio15 lation of section 1543 of title 18, United States 

16 Code, or is described in section 1546(a) of such title 

17 (relating to document fraud) and (ii)’’ and inserting 

18 ‘‘which is described in the first paragraph of section 

19 1541, 1542, 1543, 1544, 1546(a), or 1547 of chap20 ter 75 of title 18, United States Code, and’’; 

21 (8) in subparagraph (U), by striking ‘‘an at22 tempt or conspiracy to commit an offense described 

23 in this paragraph’’ and inserting ‘‘an attempt to 

24 commit, conspiracy to commit, or facilitation of an 

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1 ting, procuring, commanding, inducing, or soliciting 

2 the commission of such an offense’’; and 

3 (9) by striking the undesignated material at 

4 end of the paragraph and inserting ‘‘The term ap5 plies to an offense described in this paragraph, 

6 whether in violation of Federal or State law, or a 

7 law of a foreign country, for which the term of im8 prisonment was completed within the previous 20 

9 years, and even if the length of the term of impris10 onment for the offense is based on recidivist or other 

11 enhancements. Notwithstanding any other provision 

12 of law (including any effective date), the term ap13 plies regardless of whether the conviction was en14 tered before, on, or after September 30, 1996.’’. 

15 (b) DEFINITION OF CONVICTION.—Section 

16 101(a)(48) of the Immigration and Nationality Act (8 

17 U.S.C. 1101(a)(48)) is amended by adding at the end the 

18 following: 

19 ‘‘(C)(i) Any reversal, vacatur, expungement, or 

20 modification of a conviction, sentence, or conviction 

21 that was granted to ameliorate the consequences of 

22 the conviction, sentence, or conviction, or was grant23 ed for rehabilitative purposes shall have no effect on 

24 the immigration consequences resulting from the 

25 original conviction. 


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1 ‘‘(ii) The alien shall have the burden of dem2 onstrating that any reversal, vacatur, expungement, 

3 or modification, including modification to any sen4 tence for an offense, was not granted to ameliorate 

5 the consequences of the conviction, sentence, or con6 viction record, or for rehabilitative purposes.’’. 

7 (c) EFFECTIVE DATE AND APPLICATION.—The 

8 amendments made by this section shall— 

9 (1) take effect on the date of the enactment of 

10 this Act; and 

11 (2) apply to any act that occurred before, on, 

12 or after such date of enactment. 

13 SEC. 518. CONVICTIONS. 

14 (a) Section 212(a)(2) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(a)(2)), as amended by sections 

16 509 through 511, is further amended by adding at the 

17 end the following subparagraph: 

18 ‘‘(L) CONVICTIONS.— 

19 ‘‘(i) IN GENERAL.—For purposes of 

20 determining whether an underlying crimi21 nal offense constitutes a ground of inad22 missibility under this subsection, all stat23 utes or common law offenses are divisible 

24 so long as any of the conduct encompassed 


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1 by the statute constitutes an offense that 

2 is a ground of inadmissibility. 

3 ‘‘(ii) OTHER EVIDENCE.—If the con4 viction records (i.e., charging documents, 

5 plea agreements, plea colloquies, jury in6 structions) do not conclusively establish 

7 whether a crime constitutes a ground of in8 admissibility, the Attorney General or the 

9 Secretary of Homeland Security may con10 sider other evidence related to the convic11 tion, including but not limited to police re12 ports and witness statements, that clearly 

13 establishes that the conduct for which the 

14 alien was engaged constitutes a ground of 

15 inadmissibility.’’. 

16 (b) Section 237(a)(2) of the Immigration and Nation17 ality Act (8 U.S.C. 1227(a)(2)), as amended by sections 

18 ll and ll, is further amended by adding at the end 

19 the following subparagraph: 

20 ‘‘(J) CRIMINAL OFFENSES.— 

21 ‘‘(i) IN GENERAL.—For purposes of 

22 determining whether an underlying crimi23 nal offense constitutes a ground of deport24 ability under this subsection, all statutes or 

25 common law offenses are divisible so long 


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1 as any of the conduct encompassed by the 

2 statute constitutes an offense that is a 

3 ground of deportability. 

4 ‘‘(ii) OTHER EVIDENCE.—If the con5 viction records (i.e., charging documents, 

6 plea agreements, plea colloquies, jury in7 structions) do not conclusively establish 

8 whether a crime constitutes a ground of 

9 deportability, the Attorney General or the 

10 Secretary of Homeland Security may con11 sider other evidence related to the convic12 tion, including but not limited to police re13 ports and witness statements, that clearly 

14 establishes that the conduct for which the 

15 alien was engaged constitutes a ground of 

16 deportability.’’. 

17 SEC. 519. PARDONS. 

18 (a) DEFINITION.—Section 101(a) of the Immigration 

19 and Nationality Act (8 U.S.C. 1101(a)), as amended by 

20 section --, is further amended by adding at the end the 

21 following: 

22 ‘‘(54) The term ‘pardon’ means a full and un23 conditional pardon granted by the President of the 

24 United States, Governor of any of the several States 

25 or constitutionally recognized body.’’. 


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1 (b) DEPORTABILITY.—Section 237(a) of such Act (8 

2 U.S.C. 1227(a)), as amended by sections -- and --, is fur3 ther amended— 

4 (1) in paragraph (2)(A), by striking clause (vi); 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(8) PARDONS.—In the case of an alien who 

8 has been convicted of a crime and is subject to re9 moval due to that conviction, if the alien, subsequent 

10 to receiving the criminal conviction, is granted a 

11 pardon, the alien shall not be deportable by reason 

12 of that criminal conviction.’’. 

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

14 this section shall take effect on the date of the enactment 

15 of this Act and shall apply to a pardon granted before, 

16 on, or after such date. 

17 SEC. 520. FAILURE TO OBEY REMOVAL ORDERS. 

18 (a) IN GENERAL.—Section 243(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1253(a)) is amended— 

20 (1) in the matter preceding subparagraph (A) 

21 of paragraph (1), by inserting ‘‘212(a) or’’ before 

22 ‘‘237(a),’’; and 

23 (2) by striking paragraph (3). 

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

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1 ment of this Act and shall apply to acts that are described 

2 in subparagraphs (A) through (D) of section 243(a)(1) of 

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

4 1253(a)(1)) that occur on or after the date of enactment 

5 of this Act. 

6 SEC. 521. SANCTIONS FOR COUNTRIES THAT DELAY OR 

7 PREVENT REPATRIATION OF THEIR NATION8 ALS. 

9 Section 243 of the Immigration and Nationality Act 

10 (8 U.S.C. 1253) is amended by striking subsection (d) and 

11 inserting the following: 

12 ‘‘(d) LISTING OF COUNTRIES WHO DELAY REPATRI13 ATION OF REMOVED ALIENS.— 

14 ‘‘(1) LISTING OF COUNTRIES.—Beginning on 

15 the date that is 6 months after the date of enact16 ment of the Building America’s Trust Act, and every 

17 6 months thereafter, the Secretary shall publish a 

18 report in the Federal Register that includes a list 

19 of— 

20 ‘‘(A) countries that have refused or unrea21 sonably delayed repatriation of an alien who is 

22 a national of that country since the date of en23 actment of this Act and the total number of 

24 such aliens, disaggregated by nationality; 


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1 ‘‘(B) countries that have an excessive repa2 triation failure rate; and 

3 ‘‘(C) each country that was reported as 

4 noncompliant in the prior reporting period. 

5 ‘‘(2) EXEMPTION.—The Secretary of Homeland 

6 Security, in the Secretary’s sole and unreviewable 

7 discretion, and in consultation with the Secretary of 

8 State, may exempt a country from inclusion in the 

9 list under paragraph (1) if there are significant for10 eign policy or security concerns that warrant such 

11 an exemption. 

12 ‘‘(e) DISCONTINUING GRANTING OF VISAS TO NA13 TIONALS OF COUNTRIES DENYING OR DELAYING ACCEPT14 ING ALIEN.— 

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

16 221(c), the Secretary of Homeland Security shall 

17 take the action described in paragraph (2)(A) and 

18 may take an action described in paragraph (2)(B), 

19 if the Secretary determines that— 

20 ‘‘(A) an alien is inadmissible under section 

21 212 or deportable under section 237, or the 

22 alien has been ordered removed from the 

23 United States; and 

24 ‘‘(B) the government of a foreign country 

25 is— 


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1 ‘‘(i) denying or unreasonably delaying 

2 accepting aliens who are citizens, subjects, 

3 nationals, or residents of that country 

4 after the Secretary of Homeland Security 

5 asks whether the government will accept 

6 an alien under this section; or 

7 ‘‘(ii) refusing to issue any required 

8 travel or identity documents to allow the 

9 alien who is citizen, subject, national, or 

10 resident of that country to return to that 

11 country. 

12 ‘‘(2) ACTIONS DESCRIBED.—The actions de13 scribed in this paragraph are the following: 

14 ‘‘(A) An order from the Secretary of State 

15 to consular officers in that foreign country to 

16 discontinue granting visas under section 

17 101(a)(15)(A)(iii) of the Immigration and Na18 tionality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to 

19 attendants, servants, personal employees, and 

20 members of their immediate families, of the of21 ficials and employees of that country who re22 ceive nonimmigrant status under clause (i) or 

23 (ii) of section 101(a)(15)(A) of such Act. 


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1 ‘‘(B) Denial of admission to any citizens, 

2 subjects, nationals, and residents from that 

3 country or the imposition— 

4 ‘‘(i) of any limitations, conditions, or 

5 additional fees on the issuance of visas or 

6 travel from that country; or 

7 ‘‘(ii) of any other sanctions authorized 

8 by law. 

9 ‘‘(3) RESUMPTION OF VISA ISSUANCE.—Con10 sular officers in the foreign country that refused or 

11 unreasonably delayed repatriation or refused to issue 

12 required identity or travel documents may resume 

13 visa issuance after the Secretary of Homeland Secu14 rity notifies the Secretary of State that the country 

15 has accepted the aliens.’’. 

16 SEC. 522. ENHANCED PENALTIES FOR CONSTRUCTION AND 

17 USE OF BORDER TUNNELS. 

18 Section 555 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (a), by striking ‘‘not more 

21 than 20 years.’’ and inserting ‘‘not less than 7 years 

22 but not more than 20 years.’’; and 

23 (2) in subsection (b), by striking ‘‘not more 

24 than 10 years.’’ and inserting ‘‘not less than 3 years 

25 but not more than 10 years.’’. 


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1 SEC. 523. ENHANCED PENALTIES FOR FRAUD AND MISUSE 

2 OF VISAS, PERMITS, AND OTHER DOCU3 MENTS. 

4 Section 1546(a) of title 18, United States Code, is 

5 amended— 

6 (1) by striking ‘‘Commissioner of the Immigra7 tion and Naturalization Service’’ each place that 

8 term appears and inserting ‘‘Secretary of Homeland 

9 Security’’; 

10 (2) by striking ‘‘Shall be fined’’ and all that fol11 lows through the end and inserting ‘‘Shall be fined 

12 under this title or imprisoned for not less than 12 

13 years but not more than 25 years (if the offense was 

14 committed to facilitate an act of international ter15 rorism (as defined in section 2331 of this title)), not 

16 less than 10 years but not more than 20 years (if 

17 the offense was committed to facilitate a drug traf18 ficking crime (as defined in section 929(a) of this 

19 title)), not less than 5 years but not more than 10 

20 years (in the case of the first or second such offense, 

21 if the offense was not committed to facilitate such 

22 an act of international terrorism or a drug traf23 ficking crime), or not less than 7 years but not more 

24 than 15 years (in the case of any other offense), or 

25 both.’’ 


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1 SEC. 524. EXPANSION OF CRIMINAL ALIEN REPATRIATION 

2 PROGRAMS. 

3 (a) EXPANSION OF DEPARTMENT CRIMINAL ALIEN

4 REPATRIATION FLIGHTS.—Not later than 90 days after 

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

6 Homeland Security shall increase the number of criminal 

7 and illegal alien repatriation flights from the United 

8 States conducted by U.S. Customs and Border Protection 

9 and U.S. Immigration and Customs Enforcement Air Op10 erations by not less than 15 percent more than the number 

11 of such flights operated, and authorized to be operated, 

12 under existing appropriations and funding on the date of 

13 the enactment of this Act. 

14 (b) U.S. IMMIGRATION AND CUSTOMS ENFORCE15 MENT AIR OPERATIONS.—Not later than 90 days after 

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

17 Homeland Security shall issue a directive to expand U.S. 

18 Immigration and Customs Enforcement Air Operations 

19 (ICE Air Ops) so that ICE Air Ops provides additional 

20 services with respect to aliens who are illegally present in 

21 the United States. Such expansion shall include— 

22 (1) increasing the daily operations of ICE Air 

23 Ops with buses and air hubs in the top 5 geographic 

24 regions along the southern border; 

25 (2) allocating a set number of seats for such 

26 aliens for each metropolitan area; and 


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1 (3) allowing a metropolitan area to trade or 

2 give some of seats allocated to such area under para3 graph (2) for such aliens to other areas in the region 

4 of such area based on the transportation needs of 

5 each area. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi7 tion to the amounts otherwise authorized to be appro8 priated, there is authorized to be appropriated 

9 $10,000,000 for each of fiscal years 2018 through 2021 

10 to carry out this section. 

11 Subtitle B—Strong Visa Integrity 

12 Secures America Act 

13 SEC. 531. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Strong Visa Integ15 rity Secures America Act’’. 

16 SEC. 532. VISA SECURITY. 

17 (a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 

18 Paragraph (1) of section 428(e) of the Homeland Security 

19 Act of 2002 (6 U.S.C. 236(e)) is amended— 

20 (1) by striking ‘‘The Secretary’’ and inserting 

21 the following: 

22 ‘‘(A) AUTHORIZATION.—Subject to the 

23 minimum number specified in subparagraph 

24 (B), the Secretary’’; and 


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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B) RISK-BASED ASSIGNMENTS.— 

4 ‘‘(i) IN GENERAL.—In carrying out 

5 subparagraph (A), the Secretary shall as6 sign, in a risk-based manner, and consid7 ering the criteria described in clause (ii), 

8 employees of the Department to not fewer 

9 than 50 diplomatic and consular posts at 

10 which visas are issued. 

11 ‘‘(ii) CRITERIA DESCRIBED.—The cri12 teria described in this clause (i) are the 

13 following: 

14 ‘‘(I) The number of nationals of 

15 a country in which any of the diplo16 matic and consular posts referred to 

17 in clause (i) are located who were 

18 identified in United States Govern19 ment databases related to the identi20 ties of known or suspected terrorists 

21 during the previous year. 

22 ‘‘(II) Information on cooperation 

23 of such country with the counterter24 rorism efforts of the United States. 


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1 ‘‘(III) Information analyzing the 

2 presence, activity, or movement of ter3 rorist organizations (as such term is 

4 defined in section 212(a)(3)(B)(vi) of 

5 the Immigration and Nationality Act 

6 (8 U.S.C. 1182(a)(3)(B)(vi)) within 

7 or through such country. 

8 ‘‘(IV) The number of formal ob9 jections based on derogatory informa10 tion issued by the Visa Security Advi11 sory Opinion Unit pursuant to para12 graph (10) regarding nationals of a 

13 country in which any of the diplomatic 

14 and consular posts referred to in 

15 clause (i) are located. 

16 ‘‘(V) The adequacy of the border 

17 and immigration control of such coun18 try. 

19 ‘‘(VI) Any other criteria the Sec20 retary determines appropriate. 

21 ‘‘(iii) RULE OF CONSTRUCTION.—The 

22 assignment of employees of the Depart23 ment pursuant to this subparagraph is 

24 solely the authority of the Secretary and 


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1 may not be altered or rejected by the Sec2 retary of State.’’. 

3 (b) COUNTERTERRORISM VETTING AND SCREEN4 ING.—Paragraph (2) of section 428(e) of the Homeland 

5 Security Act of 2002 is amended— 

6 (1) by redesignating subparagraph (C) as sub7 paragraph (D); and 

8 (2) by inserting after subparagraph (B) the fol9 lowing new subparagraph: 

10 ‘‘(C) Screen any such applications against 

11 the appropriate criminal, national security, and 

12 terrorism databases maintained by the Federal 

13 Government.’’. 

14 (c) TRAINING AND HIRING.—Subparagraph (A) of 

15 section 428(e)(6) of the Homeland Security Act of 2002 

16 is amended by— 

17 (1) striking ‘‘The Secretary shall ensure, to the 

18 extent possible, that any employees’’ and inserting 

19 ‘‘The Secretary, acting through the Commissioner of 

20 U.S. Customs and Border Protection and the Direc21 tor of U.S. Immigration and Customs Enforcement, 

22 shall provide training to any employees’’; and 

23 (2) striking ‘‘shall be provided the necessary 

24 training’’. 


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1 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE

2 AND VISA SECURITY ADVISORY OPINION UNIT.—Sub3 section (e) of section 428 of the Homeland Security Act 

4 of 2002 is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU7 RITY ASSISTANCE.—At the visa-issuing posts at 

8 which employees of the Department are not assigned 

9 pursuant to paragraph (1), the Secretary shall, in a 

10 risk-based manner, assign employees of the Depart11 ment to remotely perform the functions required 

12 under paragraph (2) at not fewer than 50 of such 

13 posts. 

14 ‘‘(10) VISA SECURITY ADVISORY OPINION

15 UNIT.—The Secretary shall establish within U.S. 

16 Immigration and Customs Enforcement a Visa Secu17 rity Advisory Opinion Unit to respond to requests 

18 from the Secretary of State to conduct a visa secu19 rity review using information maintained by the De20 partment on visa applicants, including terrorism as21 sociation, criminal history, counter-proliferation, and 

22 other relevant factors, as determined by the Sec23 retary.’’. 

24 (e) SCHEDULE OF IMPLEMENTATION.—The require25 ments established under paragraphs (1) and (9) of section 


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1 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 

2 236(e)), as amended and added by this section, shall be 

3 implemented not later than three years after the date of 

4 the enactment of this Act. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $30,000,000 to imple7 ment this section and the amendments made by this sec8 tion. 

9 SEC. 533. ELECTRONIC PASSPORT SCREENING AND BIO10 METRIC MATCHING. 

11 (a) IN GENERAL.—Subtitle B of title IV of the 

12 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 

13 is amended by adding at the end the following new sec14 tions: 

15 ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIO16 METRIC MATCHING. 

17 ‘‘(a) IN GENERAL.—Not later than one year after the 

18 date of the enactment of the Building America’s Trust 

19 Act, the Commissioner of U.S. Customs and Border Pro20 tection shall— 

21 ‘‘(1) screen electronic passports at airports of 

22 entry by reading each such passport’s embedded 

23 chip; and 

24 ‘‘(2) to the greatest extent practicable, utilize 

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1 nology, as determined by the Commissioner, to in2 spect travelers at United States airports of entry. 

3 ‘‘(b) APPLICABILITY.— 

4 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 

5 Paragraph (1) of subsection (a) shall apply to pass6 ports belonging to individuals who are United States 

7 citizens, individuals who are nationals of a program 

8 country pursuant to section 217 of the Immigration 

9 and Nationality Act (8 U.S.C. 1187), and individ10 uals who are nationals of any other foreign country 

11 that issues electronic passports. 

12 ‘‘(2) FACIAL RECOGNITION MATCHING.—Para13 graph (2) of subsection (a) shall apply, at a min14 imum, to individuals who are nationals of a program 

15 country pursuant to section 217 of the Immigration 

16 and Nationality Act. 

17 ‘‘(c) ANNUAL REPORT.— 

18 ‘‘(1) IN GENERAL.—The Commissioner of U.S. 

19 Customs and Border Protection, in collaboration 

20 with the Chief Privacy Officer of the Department, 

21 shall issue to the Committee on Homeland Security 

22 and Governmental Affairs of the Senate and the 

23 Committee on Homeland Security of the House of 

24 Representatives an annual report through fiscal year 

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1 nology and other biometric technology pursuant to 

2 subsection (a)(2). 

3 ‘‘(2) REPORT CONTENTS.—Each such report 

4 shall include— 

5 ‘‘(A) information on the type of technology 

6 used at each airport of entry; 

7 ‘‘(B) the number of individuals who were 

8 subject to inspection using either of such tech9 nologies at each airport of entry; 

10 ‘‘(C) within the group of individuals sub11 ject to such inspection, the number of those in12 dividuals who were United States citizens and 

13 lawful permanent residents; 

14 ‘‘(D) information on the disposition of data 

15 collected during the year covered by such re16 port; and 

17 ‘‘(E) information on protocols for the man18 agement of collected biometric data, including 

19 timeframes and criteria for storing, erasing, de20 stroying, or otherwise removing such data from 

21 databases utilized by the Department. 

22 ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS 

23 AND BORDER PROTECTION. 

24 ‘‘The Commissioner of U.S. Customs and Border 

25 Protection shall, in a risk-based manner, continuously 


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1 screen individuals issued any visa, and individuals who are 

2 nationals of a program country pursuant to section 217 

3 of the Immigration and Nationality Act (8 U.S.C. 1187), 

4 who are present, or expected to arrive within 30 days, in 

5 the United States, against the appropriate criminal, na6 tional security, and terrorism databases maintained by the 

7 Federal Government.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of the Homeland Security Act of 2002 is 

10 amended by inserting after the item relating to section 

11 419 the following new items: 

‘‘Sec. 420. Electronic passport screening and biometric matching.’’ 

‘‘Sec. 420A. Continuous screening by U.S. Customs and Border Protection.’’. 

12 SEC. 534. REPORTING VISA OVERSTAYS. 

13 Section 2 of Public Law 105–173 (8 U.S.C. 1376) 

14 is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘Attorney General’’ and in17 serting ‘‘Secretary of Homeland Security’’; and 

18 (B) by inserting before the period at the 

19 end the following: ‘‘, and any additional infor20 mation that the Secretary determines necessary 

21 for purposes of the report under subsection 

22 (b).’’; and 

23 (2) by amending subsection (b) to read as fol24 lows: 


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1 ‘‘(b) ANNUAL REPORT.—Not later than June 30, 

2 2018, and not later than June 30 of each year thereafter, 

3 the Secretary of Homeland Security shall submit to the 

4 Committee on Homeland Security and Governmental Af5 fairs and the Committee on the Judiciary of the Senate 

6 and the Committee on Homeland Security and the Com7 mittee on the Judiciary of the House of Representatives, 

8 a report providing, for the preceding fiscal year, numerical 

9 estimates (including information on the methodology uti10 lized to develop such numerical estimates) of— 

11 ‘‘(1) for each country, the number of aliens 

12 from the country who are described in subsection 

13 (a), including— 

14 ‘‘(A) the total number of such aliens within 

15 all classes of nonimmigrant aliens described in 

16 section 101(a)(15) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(15)); and 

18 ‘‘(B) the number of such aliens within each 

19 of the classes of nonimmigrant aliens, as well as 

20 the number of such aliens within each of the 

21 subclasses of such classes of nonimmigrant 

22 aliens, as applicable; 

23 ‘‘(2) for each country, the percentage of the 

24 total number of aliens from the country who were 

25 present in the United States and were admitted to 


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1 the United States as nonimmigrants who are de2 scribed in subsection (a); 

3 ‘‘(3) the number of aliens described in sub4 section (a) who arrived by land at a port of entry 

5 into the United States; 

6 ‘‘(4) the number of aliens described in sub7 section (a) who entered the United States using a 

8 border crossing identification card (as such term is 

9 defined in section 101(a)(6) of the Immigration and 

10 Nationality Act (8 U.S.C. 1101(a)(6)); and 

11 ‘‘(5) the number of Canadian nationals who en12 tered the United States without a visa and whose 

13 authorized period of stay in the United States termi14 nated during the previous fiscal year, but who re15 mained in the United States.’’. 

16 SEC. 535. STUDENT AND EXCHANGE VISITOR INFORMATION 

17 SYSTEM VERIFICATION. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Secretary of Homeland Security shall 

20 ensure that the information collected under the program 

21 established under section 641 of the Illegal Immigration 

22 Reform and Immigrant Responsibility Act of 1996 (8 

23 U.S.C. 1372) is available to officers of U.S. Customs and 

24 Border Protection conducting primary inspections of 


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1 aliens seeking admission to the United States at each port 

2 of entry of the United States. 

3 SEC. 536. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. 

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 is amended by adding at the end the following new sec7 tions: 

8 ‘‘SEC. 434. SOCIAL MEDIA SCREENING. 

9 ‘‘(a) IN GENERAL.—Not later than 180 days after 

10 the date of the enactment of the Building America’s Trust 

11 Act, the Secretary of Homeland Security shall, to the 

12 greatest extent practicable, and in a risk based manner 

13 and on an individualized basis, review the social media ac14 counts of visa applicants who are citizens of, or who reside 

15 in, high risk countries, as determined by the Secretary 

16 based on the criteria described in subsection (b). 

17 ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter18 mining whether a country is high-risk pursuant to sub19 section (a), the Secretary shall consider the following cri20 teria: 

21 ‘‘(1) The number of nationals of the country 

22 who were identified in United States Government 

23 databases related to the identities of known or sus24 pected terrorists during the previous year. 


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1 ‘‘(2) The level of cooperation of the country 

2 with the counter-terrorism efforts of the United 

3 States. 

4 ‘‘(3) Any other criteria the Secretary deter5 mines appropriate. 

6 ‘‘(c) COLLABORATION.—To develop the technology 

7 required to carry out the requirements of subsection (a), 

8 the Secretary shall collaborate with— 

9 ‘‘(1) the head of a national laboratory within 

10 the Department’s laboratory network with relevant 

11 expertise; 

12 ‘‘(2) the head of a relevant university-based 

13 center within the Department’s centers of excellence 

14 network; and 

15 ‘‘(3) the heads of other appropriate Federal 

16 agencies. 

17 ‘‘SEC. 435. OPEN SOURCE SCREENING. 

18 ‘‘The Secretary shall, to the greatest extent prac19 ticable, and in a risk based manner, review open source 

20 information of visa applicants.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) of the Homeland Security Act of 2002 is 

23 amended by this Act, is further amended by inserting after 

24 the item relating to section 433 the following new items: 

‘‘Sec. 434. Social media screening. 

‘‘Sec. 435. Open source screening.’’. 


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1 Subtitle C—Visa Cancellation and 

2 Revocation 

3 SEC. 541. CANCELLATION OF ADDITIONAL VISAS. 

4 (a) IN GENERAL.—Subsection (g) of section 222 of 

5 the Immigration and Nationality Act (8 U.S.C. 1202(g)) 

6 is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘Attorney General,’’ and 

9 inserting ‘‘Secretary of Homeland Security,’’; 

10 and 

11 (B) by inserting ‘‘and any other non12 immigrant visa issued by the United States that 

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

14 visa’’; and 

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

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

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

18 nationality’’ and inserting ‘‘(other than a visa de19 scribed in paragraph (1)) issued in a consular office 

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

21 foreign residence’’. 

22 (b) EFFECTIVE DATE AND APPLICATION.—The 

23 amendments made by subsection (a) shall take effect on 

24 the date of the enactment of this Act and shall apply to 

25 a visa issued before, on, or after such date. 


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1 SEC. 542. VISA INFORMATION SHARING. 

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

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

4 (1) in the introductory text, by striking 

5 ‘‘issuance or refusal’’ and inserting ‘‘issuance, re6 fusal, or revocation’’; 

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

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

9 reciprocity’’; 

10 (3) in paragraph (2)(A)— 

11 (A) by inserting ‘‘—(i)’’ after ‘‘for the pur12 pose of’’; and 

13 (B) by striking ‘‘illicit weapons; or’’ and 

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

15 person’s deportability or eligibility for a visa, 

16 admission, or other immigration benefit;’’; 

17 (4) in paragraph (2)(B)— 

18 (A) by striking ‘‘for the purposes’’ and in19 serting ‘‘for one of the purposes’’; and 

20 (B) by striking ‘‘or to deny visas to per21 sons who would be inadmissible to the United 

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

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

24 following: 

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

26 database, specified data elements from each 


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1 record, if the Secretary of State determines that 

2 it is ørequired for national security or public 

3 safety and¿ in the national interest to provide 

4 such information to a foreign government.’’. 

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

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

7 the enactment of the Act. 

8 SEC. 543. VISA INTERVIEWS. 

9 (a) IN GENERAL.—Section 222(h) of the Immigra10 tion and Nationality Act (8 U.S.C. 1202(h)) is amended— 

11 (1) in paragraph (1), by adding new subpara12 graph (D) to read as follows: 

13 ‘‘(D) by the Secretary of State if the Sec14 retary, in his sole and unreviewable discretion, 

15 determines that an interview is unnecessary be16 cause the alien is ineligible for a visa.’’. 

17 (2) in paragraph (2), by adding at the end a 

18 new subparagraph (G) to read as follows: 

19 ‘‘(G) is an individual within a class of 

20 aliens that the Secretary of Homeland Security, 

21 in his sole and unreviewable discretion, has de22 termined may pose a threat to national security 

23 or public safety.’’. 


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1 SEC. 544. JUDICIAL REVIEW OF VISA REVOCATION. 

2 Subsection (i) of section 221 of the Immigration and 

3 Nationality Act (8 U.S.C. 1201(i)) is amended— 

4 (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(2) A revocation under this subsection of a visa or 

7 other documentation from an alien shall automatically 

8 cancel any other valid visa that is in the alien’s posses9 sion.’’. 

10 Subtitle D—Secure Visas Act 

11 SEC. 551. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Secure Visas Act’’. 

13 SEC. 552. AUTHORITY OF THE SECRETARY OF HOMELAND 

14 SECURITY AND SECRETARY OF STATE. 

15 (a) IN GENERAL.—Section 428 of the Homeland Se16 curity Act of 2002 (6 U.S.C. 236) is amended by striking 

17 subsections (b) and (c) and inserting the following: 

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

19 SECURITY.— 

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

21 104(a) of the Immigration and Nationality Act (8 

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

23 except for the authority of the Secretary of State 

24 under subparagraphs (A) and (G) of section 

25 101(a)(15) of the Immigration and Nationality Act 


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1 (8 U.S.C. 1101(a)(15)), the Secretary of Homeland 

2 Security— 

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

4 regulations, establish policy, and administer and 

5 enforce the provisions of the Immigration and 

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

7 other immigration or nationality laws relating 

8 to the functions of consular officers of the 

9 United States in connection with the granting 

10 and refusal of a visa; and 

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

12 alien or class of aliens if the Secretary of 

13 Homeland Security, or designee, determines 

14 that such refusal or revocation is necessary or 

15 advisable in the security interests of the United 

16 States. 

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

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

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

20 ‘‘(B) shall automatically cancel any other 

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

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

23 other provision of law, including section 2241 of title 

24 28, United States Code, any other habeas corpus 

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


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1 no United States court has jurisdiction to review a 

2 decision by the Secretary of Homeland Security to 

3 refuse or revoke a visa. 

4 ‘‘(c) EFFECT OF VISA APPROVAL BY THE SEC5 RETARY OF STATE.— 

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

7 direct a consular officer to refuse or revoke a visa 

8 to an alien if the Secretary of Homeland Security 

9 determines that such refusal or revocation is nec10 essary or advisable in the foreign policy interests of 

11 the United States. 

12 ‘‘(2) LIMITATION.—No decision by the Sec13 retary of State to approve a visa may override a de14 cision by the Secretary of Homeland Security under 

15 subsection (b).’’. 

16 (b) VISA REVOCATION.—Section 428 of the Home17 land Security Act (6 U.S.C. 236) is amended by adding 

18 at the end the following: 

19 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec20 retary of Homeland Security or the Secretary of State re21 vokes a visa— 

22 ‘‘(1) the relevant consular, law enforcement, 

23 and terrorist screening databases shall be imme24 diately updated on the date of the revocation; and 


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1 ‘‘(2) look-out notices shall be posted to all De2 partment port inspectors and Department of State 

3 consular officers.’’. 

4 (c) CONFORMING AMENDMENT.—Section 104(a)(1) 

5 of the Immigration and Nationality Act is amended to 

6 read: 

7 ‘‘(1) the powers, duties and functions of diplo8 matic and consular officers of the United States, 

9 and the power authorized by section 428(c) of the 

10 Homeland Security Act of 2002 (6 U.S.C. 236), as 

11 amended by section 542 of the Building America’s 

12 Trust Act, except those powers, duties and functions 

13 conferred upon the consular officers relating to the 

14 granting or refusal of visas.’’. 

15 Subtitle E—Other Matters 

16 SEC. 561. REQUIREMENT FOR COMPLETION OF BACK17 GROUND CHECKS. 

18 (a) IN GENERAL.—Section 103 of Immigration and 

19 Nationality Act (8 U.S.C. 1103) is amended by adding 

20 at the end the following: 

21 ‘‘(h) COMPLETION OF BACKGROUND AND SECURITY

22 CHECKS.— 

23 ‘‘(1) REQUIREMENT TO COMPLETE.—Notwith24 standing any other provision of law (statutory or 

25 nonstatutory), including but not limited to section 


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1 309 of the Enhanced Border Security and Visa 

2 Entry Reform Act of 2002 (8 U.S.C. 1738), sections 

3 1361 and 1651 of title 28, United States Code, and 

4 section 706(1) of title 5, United States Code, neither 

5 the Secretary of Homeland Security nor the Attor6 ney General may— 

7 ‘‘(A) approve or grant to an alien any sta8 tus, relief, protection from removal, employment 

9 authorization, or any other benefit under the 

10 immigration laws, including an adjustment of 

11 status to lawful permanent residence or a grant 

12 of United States citizenship; or 

13 ‘‘(B) issue to the alien any documentation 

14 evidencing a status or grant of any status, re15 lief, protection from removal, employment au16 thorization, or other benefit under the immigra17 tion laws; 

18 until all background and security checks for the 

19 alien have been completed and the Secretary of 

20 Homeland or Attorney General has determined that 

21 the results do not preclude the approval or grant of 

22 any status, relief, protection from removal, employ23 ment authorization, or any other benefit under the 

24 immigration laws or approval, grant, or the issuance 


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1 of any documentation evidencing such status, relief, 

2 protection, authorization, or benefit. 

3 ‘‘(2) PROHIBITION ON JUDICIAL ACTION.—No 

4 court shall have authority to: 

5 ‘‘(A) order the approval of; 

6 ‘‘(B) grant; 

7 ‘‘(C) mandate or require any action in a 

8 certain time period; or 

9 ‘‘(D) award any relief for the Secretary of 

10 Homeland Security’s or Attorney General’s fail11 ure to complete or delay in completing any ac12 tion to provide 

13 ‘‘any status, relief, protection from re14 moval, employment authorization, or any other 

15 benefit under the immigration laws, including 

16 an adjustment of status to lawful permanent 

17 residence, naturalization, or a grant of United 

18 States citizenship for an alien until all back19 ground and security checks have been com20 pleted and the Secretary of Homeland Security 

21 or Attorney General has determined that the re22 sults of such checks do not preclude the ap23 proval or grant of such status, relief, protection, 

24 authorization, or benefit, or issuance of any 


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1 documentation evidencing such status, relief, 

2 protection, authorization, or benefit.’’. 

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to any application, peti6 tion, or request for any benefit or relief or any other case 

7 or matter under the immigration laws pending with on or 

8 filed with the Secretary of Homeland Security or the At9 torney General on or after such date of enactment. 

10 SEC. 562. WITHHOLDING OF ADJUDICATION. 

11 (a) IN GENERAL.—Section 103 of Immigration and 

12 Nationality Act (8 U.S.C. 1103), as amended by section 

13 551, is further amended by adding at the end the fol14 lowing: 

15 ‘‘(i) WITHHOLDING OF ADJUDICATION.— 

16 ‘‘(1) IN GENERAL.—Except as provided in sub17 section (i)(4), nothing in this Act or any other law, 

18 including section 1361 and 1651 of title 28, United 

19 States Code, shall be construed to require, and no 

20 court can order, the Secretary of Homeland Secu21 rity, the Attorney General, the Secretary of State, 

22 the Secretary of Labor, or a consular officer to 

23 grant any application, approve any petition, or grant 

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1 efit under the immigration laws by, to, or on behalf 

2 of any alien with respect to whom a criminal pro3 ceeding or investigation is open or pending (includ4 ing, but not limited to, issuance of an arrest warrant 

5 or indictment), where such proceeding or investiga6 tion is deemed by such official to be material to the 

7 alien’s eligibility for the status, relief, protection, or 

8 benefit sought. 

9 ‘‘(2) WITHHOLDING OF ADJUDICATION.—The 

10 Secretary of Homeland Security, the Attorney Gen11 eral, the Secretary of State, or the Secretary of 

12 Labor may, in his or her discretion, withhold adju13 dication any application, petition, request for relief, 

14 request for protection from removal, employment au15 thorization, status or benefit under the immigration 

16 laws pending final resolution of the criminal or other 

17 proceeding or investigation. 

18 ‘‘(3) JURISDICTION.—Notwithstanding any 

19 other provision of law (statutory or nonstatutory), 

20 including section 309 of the Enhanced Border Secu21 rity and Visa Entry Reform Act (8 U.S.C. 1738), 

22 sections 1361 and 1651 of title 28, United States 

23 Code, and section 706(1) of title 5, United States 

24 Code, no court shall have jurisdiction to review a deVerDate Sep 11 2014 03:23 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 cision to withhold adjudication pursuant to this 

2 paragraph. 

3 ‘‘(4) WITHHOLDING OF REMOVAL AND TOR4 TURE CONVENTION.—This paragraph does not limit 

5 or modify the applicability of section 241(b)(3) or 

6 the United Nations Convention Against Torture and 

7 Other Cruel, Inhuman or Degrading Treatment or 

8 Punishment, subject to any reservations, under9 standings, declarations and provisos contained in the 

10 United States Senate resolution of ratification of the 

11 Convention, as implemented by section 2242 of the 

12 Foreign Affairs Reform and Restructuring Act of 

13 1998 (Public Law 105-277) with respect to an alien 

14 otherwise eligible for protection under such provi15 sions.’’. 

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

17 this section shall take effect on the date of the enactment 

18 of this Act and shall apply to any application, petition, 

19 or request for any benefit or relief or any other case or 

20 matter under the immigration laws pending with or filed 

21 with the Secretary of Homeland Security on or after such 

22 date of enactment. 


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1 SEC. 563. ACCESS TO THE NATIONAL CRIME INFORMATION 

2 CENTER INTERSTATE IDENTIFICATION 

3 INDEX. 

4 (a) CRIMINAL JUSTICE ACTIVITIES.—Section 104 of 

5 the Immigration and Nationality Act (8 U.S.C. 1104) is 

6 amended by adding at the end the following: 

7 ‘‘(f) CRIMINAL JUSTICE ACTIVITIES.—Notwith8 standing any other provision of law, any Department of 

9 State personnel with authority to grant or refuse visas or 

10 passports may carry out activities that have a criminal 

11 justice purpose.’’. 

12 (b) LIAISON WITH INTERNAL SECURITY OFFICERS; 

13 DATA EXCHANGE.—Section 105 of the Immigration and 

14 Nationality Act (8 U.S.C. 1105) is amended by striking 

15 subsections (b) and (c) and inserting the following: 

16 ‘‘(b) ACCESS TO NCIC-III.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, the Attorney General and the Di19 rector of the Federal Bureau of Investigation shall 

20 provide to the Department of Homeland Security 

21 and the Department of State access to the criminal 

22 history record information contained in the National 

23 Crime Information Center’s Interstate Identification 

24 Index (NCIC-III) and the Wanted Persons File and 

25 to any other files maintained by the National Crime 

26 Information Center for the purpose of determining 


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1 whether an applicant or petitioner for a visa, admis2 sion, or any benefit, relief, or status under the immi3 gration laws, or any beneficiary of an application, 

4 petition, relief, or status under the immigration 

5 laws, has a criminal history record indexed in the 

6 file. 

7 ‘‘(2) AUTHORIZED ACTIVITIES.— 

8 ‘‘(A) IN GENERAL.—The Secretary of 

9 Homeland Security and the Secretary of 

10 State— 

11 ‘‘(i) shall have direct access, without 

12 any fee or charge, to the information de13 scribed in paragraph (1) to conduct name14 based searches, file number searches, and 

15 any other searches that any criminal jus16 tice or other law enforcement officials are 

17 entitled to conduct; and 

18 ‘‘(ii) may contribute to the records 

19 maintained by the National Crime Infor20 mation Center. 

21 ‘‘(B) SECRETARY OF HOMELAND SECU22 RITY.—The Secretary of Homeland Security 

23 shall receive, on request by the Secretary of 

24 Homeland Security, access to the information 

25 described in paragraph (1) by means of extracts 


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1 of the records for placement in the appropriate 

2 database without any fee or charge. 

3 ‘‘(c) CRIMINAL JUSTICE AND LAW ENFORCEMENT

4 PURPOSES.—Notwithstanding any other provision of law, 

5 adjudication of eligibility for benefits, relief, or status 

6 under the immigration laws and other purposes relating 

7 to citizenship and immigration services, shall be consid8 ered to be criminal justice or law enforcement purposes 

9 with respect to access to or use of any information main10 tained by the National Crime Information Center or other 

11 criminal history information or records.’’. 

12 SEC. 564. APPROPRIATE REMEDIES FOR IMMIGRATION 

13 LITIGATION. 

14 (a) LIMITATION ON CLASS ACTIONS.—No court may 

15 certify a class under rule 23 of the Federal Rules of Civil 

16 Procedure in any civil action that— 

17 (1) is filed after the date of enactment of this 

18 Act; and 

19 (2) pertains to the administration or enforce20 ment of the immigration laws. 

21 (b) REQUIREMENTS FOR AN ORDER GRANTING PRO22 SPECTIVE RELIEF AGAINST THE GOVERNMENT.— 

23 (1) IN GENERAL.—If a court determines that 

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1 istration or enforcement of the immigration laws, 

2 the court shall— 

3 (A) limit the relief to the minimum nec4 essary to correct the violation of law; 

5 (B) adopt the least intrusive means to cor6 rect the violation of law; 

7 (C) minimize, to the greatest extent prac8 ticable, the adverse impact on national security, 

9 border security, immigration administration and 

10 enforcement, and public safety; and 

11 (D) provide for the expiration of the relief 

12 on a specific date, which is not later than the 

13 earliest date necessary for the Government to 

14 remedy the violation. 

15 (2) WRITTEN EXPLANATION.—The require16 ments described in paragraph (1) shall be discussed 

17 and explained in writing in the order granting pro18 spective relief and shall be sufficiently detailed to 

19 allow review by another court. 

20 (3) EXPIRATION OF PRELIMINARY INJUNCTIVE

21 RELIEF.—Preliminary injunctive relief granted 

22 under paragraph (1) shall automatically expire on 

23 the date that is 90 days after the date on which 

24 such relief is entered, unless the court— 


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1 (A) finds that such relief meets the re2 quirements described in subparagraphs (A) 

3 through (D) of paragraph (1) for the entry of 

4 permanent prospective relief; and 

5 (B) orders the preliminary relief to become 

6 a final order granting prospective relief prior to 

7 the expiration of the 90-day period. 

8 (c) PROCEDURE FOR MOTION AFFECTING ORDER

9 GRANTING PROSPECTIVE RELIEF AGAINST THE GOVERN10 MENT.— 

11 (1) IN GENERAL.—A court shall promptly rule 

12 on a motion made by the United States Government 

13 to vacate, modify, dissolve, or otherwise terminate 

14 an order granting prospective relief in any civil ac15 tion pertaining to the administration or enforcement 

16 of the immigration laws. 

17 (2) AUTOMATIC STAYS.— 

18 (A) IN GENERAL.—A motion to vacate, 

19 modify, dissolve, or otherwise terminate an 

20 order granting prospective relief made by the 

21 United States Government in any civil action 

22 pertaining to the administration or enforcement 

23 of the immigration laws shall automatically, and 

24 without further order of the court, stay the 

25 order granting prospective relief on the date 


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1 that is 15 days after the date on which such 

2 motion is filed unless the court previously has 

3 granted or denied the Government’s motion. 

4 (B) DURATION OF AUTOMATIC STAY.—An 

5 automatic stay under subparagraph (A) shall 

6 continue until the court enters an order grant7 ing or denying the Government’s motion. 

8 (C) POSTPONEMENT.—The court, for good 

9 cause, may postpone an automatic stay under 

10 subparagraph (A) for not longer than 15 days. 

11 (D) ORDERS BLOCKING AUTOMATIC

12 STAYS.—Any order staying, suspending, delay13 ing, or otherwise barring the effective date of 

14 the automatic stay described in subparagraph 

15 (A), other than an order to postpone the effec16 tive date of the automatic stay for not longer 

17 than 15 days under subparagraph (C), shall 

18 be— 

19 (i) treated as an order refusing to va20 cate, modify, dissolve, or otherwise termi21 nate an injunction; and 

22 (ii) immediately appealable under sec23 tion 1292(a)(1) of title 28, United States 

24 Code. 

25 (d) SETTLEMENTS.— 


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1 (1) CONSENT DECREES.—In any civil action 

2 pertaining to the administration or enforcement of 

3 the immigration laws, the court may not enter, ap4 prove, or continue a consent decree that does not 

5 comply with the requirements of subsection (b)(1). 

6 (2) PRIVATE SETTLEMENT AGREEMENTS.— 

7 Nothing in this subsection shall preclude parties 

8 from entering into a private settlement agreement 

9 that does not comply with subsection (b)(1). 

10 (e) EXPEDITED PROCEEDINGS.—It shall be the duty 

11 of every court to advance on the docket and to expedite 

12 the disposition of any civil action or motion considered 

13 under this section. 

14 (f) CONSENT DECREE DEFINED.—In this section, 

15 the term ‘‘consent decree’’— 

16 (1) means any relief entered by the court that 

17 is based in whole or in part on the consent or acqui18 escence of the parties; and 

19 (2) does not include private settlements. 

20 SEC. 565. USE OF 1986 IRCA LEGALIZATION INFORMATION 

21 FOR NATIONAL SECURITY PURPOSES. 

22 (a) SPECIAL AGRICULTURAL WORKERS.—Section 

23 210(b)(6) of the Immigration and Nationality Act (8 

24 U.S.C. 1160(b)(6)) is amended— 


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1 (1) by striking ‘‘Attorney General’’ each place 

2 that term appears and inserting ‘‘Secretary’’; 

3 (2) in subparagraph (A), by striking ‘‘Justice’’ 

4 and inserting ‘‘Homeland Security’’; 

5 (3) by redesignating subparagraphs (C) and 

6 (D) as subparagraphs (D) and (E), respectively; 

7 (4) inserting after subparagraph (B) the fol8 lowing: 

9 ‘‘(C) AUTHORIZED DISCLOSURES.— 

10 ‘‘(i) CENSUS PURPOSE.—The Sec11 retary of Homeland Security may provide, 

12 in the Secretary’s discretion, for the fur13 nishing of information furnished under this 

14 section in the same manner and cir15 cumstances as census information may be 

16 disclosed under section 8 of title 13, 

17 United States Code.’’. 

18 ‘‘(ii) NATIONAL SECURITY PUR19 POSE.—The Secretary of Homeland Secu20 rity may provide, in the Secretary’s discre21 tion, for the furnishing, use, publication, or 

22 release of information furnished under this 

23 section in any investigation, case, or mat24 ter, or for any purpose, relating to terVerDate Sep 11 2014 03:23 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 rorism, national intelligence or the national 

2 security.’’; and 

3 (5) in subparagraph (D), as redesignated, strik4 ing ‘‘Service’’ and inserting ‘‘Department of Home5 land Security’’. 

6 (b) ADJUSTMENT OF STATUS.—Section 245A of the 

7 Immigration and Nationality Act (8 U.S.C. 1255a), is 

8 amended in subsection (c)(5)— 

9 (1) by striking ‘‘Attorney General’’ each place 

10 that term appears and inserting ‘‘Secretary of 

11 Homeland Security’’; 

12 (2) in subparagraph (A), by striking ‘‘Justice’’ 

13 and inserting ‘‘Homeland Security’’; and 

14 (3) by amending subparagraph (C) to read as 

15 follows: 

16 ‘‘(C) AUTHORIZED DISCLOSURES.— 

17 ‘‘(i) CENSUS PURPOSE.—The Sec18 retary of Homeland Security may provide, 

19 in the Secretary’s discretion, for the fur20 nishing of information furnished under this 

21 section in the same manner and cir22 cumstances as census information may be 

23 disclosed under section 8 of title 13, 

24 United States Code. 


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1 ‘‘(ii) NATIONAL SECURITY PUR2 POSE.—The Secretary of Homeland Secu3 rity may provide, in the Secretary’s discre4 tion, for the furnishing, use, publication, or 

5 release of information furnished under this 

6 section in any investigation, case, or mat7 ter, or for any purpose, relating to ter8 rorism, national intelligence or the national 

9 security.’’. 

10 SEC. 566. UNIFORM STATUTE OF LIMITATIONS FOR CER11 TAIN IMMIGRATION, NATURALIZATION, AND 

12 PEONAGE OFFENSES. 

13 Section 3291 of title 18, United States Code, is 

14 amended by striking ‘‘No person’’ and all that follows 

15 through the period at the end and inserting the following: 

16 ‘‘No person shall be prosecuted, tried, or pun17 ished for a violation of any section of chapters 69 

18 (relating to nationality and citizenship offenses) and 

19 75 (relating to passport, visa, and immigration of20 fenses), or for a violation of any criminal provision 

21 of sections 243, 274, 275, 276, 277, or 278 of the 

22 Immigration and Nationality Act, or for an attempt 

23 or conspiracy to violate any such section, unless the 

24 indictment is returned or the information is filed 


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1 within ten years after the commission of the of2 fense.’’. 

3 SEC. 567. CONFORMING AMENDMENT TO THE DEFINITION 

4 OF RACKETEERING ACTIVITY. 

5 Section 1961(1) of title 18, United States Code, is 

6 amended by striking ‘‘section 1542’’ and all that follows 

7 through ‘‘section 1546 (relating to fraud and misuse of 

8 visas, permits, and other documents)’’ and inserting ‘‘sec9 tions 1541–1547 (relating to passports and visas)’’. 

10 SEC. 568. VALIDITY OF ELECTRONIC SIGNATURES. 

11 (a) CIVIL CASES.— 

12 (1) IN GENERAL.—Chapter 9 of title II of the 

13 Immigration and Nationality Act (8 U.S.C. 1351 et 

14 seq.) is amended by adding at the end the following 

15 new section: 

16 ‘‘SEC. 295. VALIDITY OF SIGNATURES. 

17 ‘‘(a) IN GENERAL.—In any proceeding, adjudication, 

18 or any other matter arising under the immigration laws, 

19 an individual’s hand written or electronic signature on any 

20 petition, application, or any other document executed or 

21 provided for any purpose under the immigration laws es22 tablishes a rebuttable presumption that the signature exe23 cuted is that of the individual signing, that the individual 

24 is aware of the contents of the document, and intends to 

25 sign it.’’. 


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1 ‘‘(b) RECORD INTEGRITY.—The Secretary of Home2 land Security shall establish procedures to ensure that 

3 when any electronic signature is captured for any petition, 

4 application, or other document submitted for purposes of 

5 obtaining an immigration benefit, the identity of the per6 son is verified and authenticated, and the record of such 

7 identification and verification is preserved for litigation 

8 purposes.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents in the first section of the Immigration and Na11 tionality Act is amended by inserting after the item 

12 relating to section 294 the following: 

‘‘Sec. 295. Validity of signatures.’’. 

13 (b) CRIMINAL CASES.— 

14 (1) IN GENERAL.—Chapter 223 of title 18, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘§ 3513. Signatures relating to immigration matters 

18 ‘‘In a criminal proceeding in a court of the United 

19 States, where an individual’s hand written or electronic 

20 signature appears on a petition, application or other docu21 ment executed or provided for any purpose under the im22 migration laws (as defined in section 101(a)(17) of the 

23 Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), 

24 the trier of fact may infer that the document was signed 

25 by that individual, and that the individual knew the conVerDate Sep 11 2014 03:23 Sep 09, 2017 Jkt 069200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S1757.PCS S1757

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1 tents of the document and intended to sign the docu2 ment.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions for chapter 223 of title 18, United States 

5 Code, is amended by inserting after the item relating 

6 to section 3512 the following: 

‘‘3513. Signatures relating to immigration matters.’’. 

7 TITLE VI—PROHIBITION ON TER8 RORISTS OBTAINING LAWFUL 

9 STATUS IN THE UNITED 

10 STATES 

11 Subtitle A—Prohibition on Adjust12 ment to Lawful Permanent Resi13 dent Status 

14 SEC. 601. LAWFUL PERMANENT RESIDENTS AS APPLICANTS 

15 FOR ADMISSION. 

16 Section 101(a)(13)(C) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(13)(C)) is amended— 

18 (1) in clause (v), by striking the ‘‘or’’ at the 

19 end; 

20 (2) in clause (vi), by striking the period and in21 serting a comma and ‘‘or’’; and 

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

23 ‘‘(vii) is described in section 212(a)(3) or 

24 section 237(a)(4).’’. 


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1 SEC. 602. DATE OF ADMISSION FOR PURPOSES OF ADJUST2 MENT OF STATUS. 

3 (a) APPLICANTS FOR ADMISSION.—Section 

4 101(a)(13) of the Immigration and Nationality Act (8 

5 U.S.C. 1101(a)(13)) is further amended by adding at the 

6 end the following: 

7 ‘‘(D) Adjustment of status of the alien to that 

8 of an alien lawfully admitted for permanent resi9 dence under section 245 or any other provision of 

10 law is an admission of the alien, notwithstanding 

11 subparagraph (A) of this paragraph’’. 

12 (b) ELIGIBILITY TO BE REMOVED FOR A CRIME IN13 VOLVING MORAL TURPITUDE.—Subclause (I) of section 

14 237(a)(2)(A)(i) of the Immigration and Nationality Act 

15 (8 U.S.C. 1227(a)(2)(A)(i)(I)) is amended by striking 

16 ‘‘date of admission,’’ inserting ‘‘alien’s most recent date 

17 of admission;’’. 

18 SEC. 603. PRECLUDING ASYLEE AND REFUGEE ADJUST19 MENT OF STATUS FOR CERTAIN GROUNDS OF 

20 INADMISSIBILITY AND DEPORTABILITY. 

21 (a) GROUNDS FOR INADMISSIBILITY.—Section 

22 209(c) of the Immigration and Nationality Act (8 U.S.C. 

23 1159(c)) is amended by striking ‘‘any other provision of 

24 such section (other than paragraph (2)(C) or subpara25 graph (A), (B), (C), or (E) of paragraph (3))’’ and insert26 ing ‘‘paragraph (1) of such section’’. 


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1 (b) NEED HEADER.—Section 209(c) of the Immigra2 tion and Nationality Act (8 U.S.C. 1159(c)) is amended 

3 by striking ‘‘(other than paragraph (2)(C) or subpara4 graph (A), (B), (C), or (E) of paragraph (3))’’, and insert5 ing ‘‘(other than paragraph 2(C) or (G) or subparagraph 

6 (A), (B), (C), (E), (F) or (G) of paragraph (3))’’. 

7 (c) GROUNDS FOR DEPORTABILITY.—Section 209 of 

8 the Immigration and Nationality Act (8 U.S.C. 1159) is 

9 amended by adding at the end the following: 

10 ‘‘(d) GROUNDS FOR DEPORTABILITY.—An alien may 

11 not adjust status under this section if the alien is deport12 able under any provision of section 237 except subsections 

13 (a)(5) of such section.’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to— 

16 (1) any act that occurred before, on, or after 

17 the date of the enactment of this Act; and 

18 (2) all aliens who are required to establish ad19 missibility on or after such date, and in all removal, 

20 deportation, or exclusion proceedings that are filed, 

21 pending, or reopened, on or after such date. 


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1 SEC. 604. PRECLUDING REFUGEE ADJUSTMENT OF STATUS 

2 FOR PERSECUTORS AND HUMAN RIGHTS VIO3 LATORS. 

4 (a) PROHIBITION OF REFUGEES SEEKING ADJUST5 MENT OF STATUS TO LAWFUL PERMANENT RESIDENCY

6 WHO HAVE ENGAGED IN NAZI PERSECUTION, GENOCIDE, 

7 SEVERE VIOLATIONS OF RELIGIOUS FREEDOM, TOR8 TURE, EXTRAJUDICIAL KILLING, OR THE RECRUITMENT/ 

9 USE OF CHILD SOLDIERS.—Section 209(c) of the Immi10 gration and Nationality Act (8 U.S.C. 1159(c)) is amend11 ed by striking ‘‘(other than paragraph (2)(C) or subpara12 graph (A), (B), (C), or (E) of paragraph (3))’’, and insert13 ing ‘‘(other than paragraph 2(C) or (G) or subparagraph 

14 (A), (B), (C), (E), (F) or (G) of paragraph (3))’’. 

15 (b) REVOCATION OF LAWFUL PERMANENT RESI16 DENT STATUS FOR HUMAN RIGHTS VIOLATORS.—Section 

17 240(b)(5) of the Immigration and Nationality Act (8 

18 U.S.C. 1229a(b)(5)) is amended by inserting at the end 

19 a new subparagraph (F) to read as follows— 

20 ‘‘(F) Additional application to certain 

21 aliens outside the United States who are associ22 ated with human rights violations. The pre23 ceding provisions of this paragraph shall apply 

24 to any alien placed in proceedings under this 

25 section who is outside of the United States, has 

26 received notice of proceedings under section 


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1 240(a) either within or outside of the United 

2 States, and is described in section 212(a)(2)(G) 

3 (officials who have committed particularly se4 vere violations of religious freedom), 

5 212(a)(3)(E) (Nazi persecution, genocide, 

6 extrajudicial killing, or torture), or 

7 212(a)(3)(G) (recruitment or use of child sol8 diers).’’. 

9 SEC. 605. REMOVAL OF CONDITION ON LAWFUL PERMA10 NENT RESIDENT STATUS PRIOR TO NATU11 RALIZATION. 

12 Sections 216(e) and 216A(e) of the Immigration and 

13 Nationality Act (8 U.S.C. 1186a(e), 1186b(e)) are amend14 ed by striking the period at the end and inserting ‘‘, if 

15 the alien has had the conditional basis removed pursuant 

16 to this section.’’. 

17 SEC. 606. PROHIBITION ON TERRORISTS AND ALIENS WHO 

18 POSE A THREAT TO NATIONAL SECURITY OR 

19 PUBLIC SAFETY FROM RECEIVING AN AD20 JUSTMENT OF STATUS. 

21 (a) APPLICATION FOR ADJUSTMENT OF STATUS IN

22 THE UNITED STATES.—Section 245 of the Immigration 

23 and Nationality Act (8 U.S.C. 1255) is amended by strik24 ing the section heading and subsection (a) and inserting 

25 the following: 


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1 ‘‘SEC. 245. ADJUSTMENT OF STATUS TO THAT OF A PERSON 

2 ADMITTED FOR PERMANENT RESIDENCE. 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) ELIGIBILITY FOR ADJUSTMENT.—The sta5 tus of an alien who was inspected and admitted or 

6 paroled into the United States or the status of any 

7 other alien having an approved petition for classi8 fication as a VAWA self-petitioner may be adjusted 

9 by the Secretary of Homeland Security or Attorney 

10 General, in the discretion of the Secretary of Home11 land Security or Attorney General, and under such 

12 regulations as the Secretary of Homeland Security 

13 or Attorney General may prescribe, to that of an 

14 alien lawfully admitted for permanent residence if— 

15 ‘‘(A) the alien makes an application for 

16 such adjustment; 

17 ‘‘(B) the alien is eligible to receive an im18 migrant visa, is admissible to the United States 

19 for permanent residence, and is not subject to 

20 exclusion, deportation, or removal from the 

21 United States; and 

22 ‘‘(C) an immigrant visa is immediately 

23 available to the alien at the time the alien’s ap24 plication is filed. 

25 ‘‘(2) IMMEDIATELY AVAILABLE.—For purposes 

26 of this section, the term ‘immediately available’ 


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1 means that on the date of filing of the application 

2 for adjustment of status, the visa category under 

3 which the alien is seeking permanent residence is 

4 current as determined by the Secretary of State and 

5 reflected in the Department of State’s visa bulletin 

6 for the month in which the application for adjust7 ment of status is filed. 

8 ‘‘(3) REQUIREMENT TO OBTAIN AN IMMIGRANT

9 VISA OUTSIDE THE UNITED STATES.—Notwith10 standing any provision in this section, the Secretary 

11 of Homeland Security, in the Secretary’s sole and 

12 unreviewable discretion, may— 

13 ‘‘(A) prohibit an alien from seeking an ad14 justment of status under paragraph (1) while 

15 the alien is present in the United States; and 

16 ‘‘(B) require the alien to seek permanent 

17 residence by applying for an immigrant visa at 

18 a United States embassy or consulate in the 

19 alien’s home country or other foreign country, 

20 as designated by the Secretary of State, 

21 if the Secretary of Homeland Security determines 

22 that the alien may be a threat to national security 

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1 tion to allow such adjustment of status in the 

2 United States is not warranted.’’. 

3 (b) PROHIBITION ON TERRORISTS AND ALIENS WHO

4 POSE A THREAT TO NATIONAL SECURITY OR PUBLIC

5 SAFETY ON ADJUSTMENT TO LAWFUL PERMANENT RESI6 DENT STATUS.—Subsection (c) of section 245 of the Im7 migration and Nationality Act (8 U.S.C. 1255(c)) is 

8 amended to read as follows: 

9 ‘‘(c) ALIENS NOT ELIGIBLE FOR ADJUSTMENT OF

10 STATUS.—Other than an alien having an approved peti11 tion for classification as a VAWA self-petitioner, sub12 section (a) shall not be applicable to— 

13 ‘‘(1) an alien crewman; 

14 ‘‘(2) subject to subsection (k), an alien (other 

15 than an immediate relative as defined in section 

16 201(b) or a special immigrant described in subpara17 graph (H), (I), (J), or (K) of section 101(a)(27)) 

18 who hereafter continues in or accepts unauthorized 

19 employment prior to filing an application for adjust20 ment of status or who is in unlawful immigration 

21 status on the date of filing the application for ad22 justment of status or who has failed (other than 

23 through no fault of his or her own or for technical 

24 reasons) to maintain continuously a lawful status 

25 since entry into the United States; 


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1 ‘‘(3) any alien admitted in transit without visa 

2 under section 212(d)(4)(C); 

3 ‘‘(4) an alien (other than an immediate relative 

4 as defined in section 201(b)) who was admitted as 

5 a nonimmigrant visitor without a visa under section 

6 212(l) or section 217; 

7 ‘‘(5) an alien who was admitted as a non8 immigrant described in section 101(a)(15)(S); 

9 ‘‘(6) an alien who described in section 

10 237(a)(4)(B), (F), or (G); 

11 ‘‘(7) any alien who seeks adjustment of status 

12 to that of an immigrant under section 203(b) and is 

13 not in a lawful nonimmigrant status; 

14 ‘‘(8) any alien who at any time has committed, 

15 ordered, incited, assisted, or otherwise participated 

16 in the persecution of any person on account of race, 

17 religion, nationality, membership in a particular so18 cial group, or political opinion; or 

19 ‘‘(9) any alien who was employed while the 

20 alien was an unauthorized alien, as defined in sec21 tion 274A(h)(3), or who has otherwise violated the 

22 terms of a nonimmigrant visa.’’. 


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1 SEC. 607. TREATMENT OF APPLICATIONS FOR ADJUST2 MENT OF STATUS DURING PENDING 

3 DENATURALIZATION PROCEEDINGS. 

4 Section 245 of the Immigration and Nationality Act 

5 (8 U.S.C. 1451), as amended by section 605, is further 

6 amended by adding a new subsection (n) to read as fol7 lows: 

8 ‘‘(n) Treatment of Applications During Pending 

9 Denaturalization Proceedings. No application for adjust10 ment of status may be considered or approved by the Sec11 retary of Homeland Security or Attorney General, and no 

12 court shall order the approval of an application for adjust13 ment of status if the approved petition for classification 

14 under section 204 that is the underlying basis for the ap15 plication for adjustment of status was filed by an indi16 vidual who has a judicial proceeding pending against him 

17 or her that would result in the individual’s 

18 denaturalization under section 340.’’. 

19 SEC. 608. EXTENSION OF TIME LIMIT TO PERMIT RESCIS20 SION OF PERMANENT RESIDENT STATUS. 

21 Section 246 of the Immigration and Nationality Act 

22 (8 U.S.C. 1256(a)) is amended— 

23 (1) in subsection (a) by— 

24 (A) inserting ‘‘(1)’’ after ‘‘(a)’’; 

25 (B) striking ‘‘within five years’’ and insert26 ing ‘‘within 10 years’’; 


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1 (C) striking ‘‘Attorney General’’ each place 

2 that term appears and inserting ‘‘Secretary of 

3 Homeland Security’’; and 

4 (D) adding at the end the following: 

5 ‘‘(2) In any removal proceeding involving 

6 an alien whose status has been rescinded under 

7 this subsection, the determination by the Sec8 retary that the alien was not eligible for adjust9 ment of status is not subject to review or recon10 sideration during such proceedings.’’. 

11 (2) by redesignating subsection (b) as sub12 section (c); and 

13 (3) by inserting new subsection (b) to read as 

14 follows: 

15 ‘‘(b) Nothing in subsection (a) shall re16 quire the Secretary of Homeland Security to re17 scind the alien’s status prior to commencement 

18 of proceedings to remove the alien under section 

19 240 of the Act. The Secretary of Homeland Se20 curity may commence removal proceedings at 

21 any time against any alien who is removable, 

22 including those aliens who adjusted status 

23 under section 245 or 249 of the Act or any 

24 other provision of law to that of an alien law25 fully admitted for permanent residence. This 


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1 section of the Act contains no statute of limita2 tions with respect to commencement of removal 

3 proceedings under section 240. An order of re4 moval issued by an immigration judge shall be 

5 sufficient to rescind the alien’s status.’’. 

6 SEC. 609. BARRING PERSECUTORS AND TERRORISTS FROM 

7 REGISTRY. 

8 Section 249 of the Immigration and Nationality Act 

9 (8 U.S.C. 1259) is amended to read as follows: 

10 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se11 curity, in the discretion of the Secretary and under such 

12 regulations as the Secretary may prescribe, may enter a 

13 record of lawful admission for permanent residence in the 

14 case of any alien, if no such record is otherwise available 

15 and the alien— 

16 ‘‘(1) entered the United States before January 

17 1, 1972; 

18 ‘‘(2) has continuously resided in the United 

19 States since such entry; 

20 ‘‘(3) has been a person of good moral character 

21 since such entry; 

22 ‘‘(4) is not ineligible for citizenship; 

23 ‘‘(5) is not described in paragraph (1)(A)(iv), 

24 (2), (3), (6)(C), (6)(E), (8), or (9)(C) of section 

25 212(a); 


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1 ‘‘(6) is not described in paragraph (1)(E), 

2 (1)(G), (2), (4) of section 237(a); and 

3 ‘‘(7) did not, at any time, without reasonable 

4 cause, fail or refuse to attend or remain in attend5 ance at a proceeding to determine the alien’s inad6 missibility or deportability. 

7 ‘‘(b) RECORDATION DATE OF PERMANENT

8 RESIDENCE.—The record of an alien’s lawful admis9 sion for permanence residence shall be the date the 

10 Secretary approves the application for such status 

11 under this section.’’. 

12 Subtitle B—Prohibition on Natu13 ralization and United States 

14 Citizenship 

15 SEC. 621. BARRING TERRORISTS FROM BECOMING NATU16 RALIZED UNITED STATES CITIZENS. 

17 (a) Section 316 of the Immigration and Nationality 

18 Act (8 U.S.C. 1427) is amended by adding at the end the 

19 following: 

20 ‘‘(g) PERSONS ENDANGERING NATIONAL SECU21 RITY.— 

22 ‘‘(1) PROHIBITION ON NATURALIZATION.— 

23 ‘‘(A) IN GENERAL.—No person may be 

24 naturalized if the Secretary of Homeland Secu25 rity makes a determination, in the discretion of 


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1 the Secretary, that the alien is an alien de2 scribed in section 212(a)(3) or 237(a)(4) at any 

3 time, including any period prior to, or after the 

4 filing of an application for naturalization. 

5 ‘‘(B) EXCEPTION.—Subparagraph (A), as 

6 it relates to an alien described in section 

7 212(a)(3), shall not apply if the alien received 

8 an exemption under section 212(d)(3)(B)(i) and 

9 the only conduct or actions that make the alien 

10 come within the ambit of section 212(a)(3) and 

11 would bar the alien from naturalization are spe12 cifically covered by such exemption. 

13 ‘‘(2) BASIS FOR DETERMINATION; PROHIBITION

14 ON REVIEW.—A determination made under para15 graph (1) may be based upon any relevant informa16 tion or evidence, including classified, sensitive, or 

17 national security information.’’. 

18 (b) Section 340(d) of the Immigration and Nation19 ality Act (8 U.S.C. 1451(e)) is amended by revising the 

20 first sentence to read as follows— 

21

22

23 ′′Any person who claims United States citizen24 ship through the naturalization of a parent or 

25 spouse in whose case there is a revocation and 


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1 setting aside of the order admitting such parent 

2 or spouse to citizenship under the provisions 

3 of— 

4

5 ‘‘(1) subsection (a) of this section on the 

6 ground that the order and certificate of naturaliza7 tion were procured by concealment of a material fact 

8 or by willful misrepresentation, or 

9 ‘‘(2) subsection of (e) of this section pursuant 

10 to a conviction under section 1425 of title 18, 

11 shall be deemed to have lost and to lose his citizen12 ship and any right or privilege of citizenship which 

13 he may have, now has, or may hereafter acquire 

14 under and by virtue of such naturalization of such 

15 parent or spouse, regardless of whether such person 

16 is residing within or without the United States at 

17 the time of the revocation and setting aside of the 

18 order admitting such parent or spouse to citizen19 ship.’’. 

20 SEC. 622. TERRORIST BAR TO GOOD MORAL CHARACTER. 

21 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

22 (1) EXCLUSION OF TERRORIST ALIENS.—Sec23 tion 101(f) of the Immigration and Nationality Act 

24 (8 U.S.C. 1101(f)), as amended by sections 506 and 

25 508, is further amended— 


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1 (A) in paragraph (8), by striking ‘‘; or’’ 

2 and inserting ‘‘, regardless whether the crime 

3 was classified as an aggravated felony at the 

4 time of conviction, provided that, the Secretary 

5 of Homeland Security or Attorney General may, 

6 in the unreviewable discretion of the Secretary 

7 or the Attorney General, determine that this 

8 paragraph shall not apply in the case of a sin9 gle aggravated felony conviction (other than 

10 murder, manslaughter, homicide, rape, or any 

11 sex offense when the victim of such sex offense 

12 was a minor) for which completion of the term 

13 of imprisonment or the sentence (whichever is 

14 later) occurred 15 or more years before the date 

15 of application;’’; and 

16 (B) by inserting after paragraph (10), as 

17 added by section 506, the following: 

18 ‘‘(11) one who the Secretary of Homeland Se19 curity or the Attorney General determines, in the 

20 unreviewable discretion of the Secretary of Home21 land Security or the Attorney General of Homeland 

22 Security, to have been at any time an alien described 

23 in section 212(a)(3) or 237(a)(4), which determina24 tion— 


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1 ‘‘(A) may be based upon any relevant in2 formation or evidence, including classified, sen3 sitive, or national security information; and 

4 ‘‘(B) shall be binding upon any court re5 gardless of the applicable standard of review.’’; 

6 and 

7 (2) by striking the first sentence of the undesig8 nated paragraph at the end and inserting following: 

9 ‘‘øClient - made some change here and I can’t figure out 

10 what it is.¿ The fact that any person is not within any 

11 of the foregoing classes shall not preclude a discretionary 

12 finding for other reasons that such a person is or was not 

13 of good character. The Secretary of Homeland Security 

14 or the Attorney General shall not be limited to the appli15 cant’s conduct during the period for which good moral 

16 character is required, but may take into consideration as 

17 a basis for determination the applicant’s conduct and acts 

18 at any time.’’. 

19 (b) AGGRAVATED FELONS.—Subsection (b) of section 

20 509 of the Immigration Act of 1990 (Public Law 101– 

21 649; 8 U.S.C. 1101 note) is amended by striking ‘‘convic22 tions’’ and all that follows through the end and inserting 

23 ‘‘convictions occurring before, on, or after such date.’’. 

24 (c) EFFECTIVE DATE AND APPLICATION.— 


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1 (1) SUBSECTIONS (a) AND (b).—The amend2 ments made by subsections (a) and (b) shall take ef3 fect on the date of the enactment of this Act, shall 

4 apply to any act that occurred before, on, or after 

5 the date of enactment, and shall apply to any appli6 cation for naturalization or any other benefit or re7 lief, or any other case or matter under the immigra8 tion laws pending on or filed after the date of enact9 ment of this Act. 

10 (2) SUBSECTION (c).—The amendments made 

11 by subsection (c) shall take effect as if included in 

12 the enactment of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (Public Law 108– 

14 458). 

15 SEC. 623. PROHIBITION ON JUDICIAL REVIEW OF NATU16 RALIZATION APPLICATIONS FOR ALIENS IN 

17 REMOVAL PROCEEDINGS. 

18 Section 318 of the Immigration and Nationality Act 

19 (8 U.S.C. 1429) is amended in its entirety to read as fol20 lows: 

21 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

22 this subchapter, no person shall be naturalized unless he 

23 has been lawfully admitted to the United States for per24 manent residence in accordance with all applicable provi25 sions of this chapter. 


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1 ‘‘(b) BURDEN OF PROOF.—The burden of proof shall 

2 be upon such person to show that he entered the United 

3 States lawfully, and the time, place, and manner of such 

4 entry into the United States, but in presenting such proof 

5 he shall be entitled to the production of his immigrant 

6 visa, if any, or of other entry document, if any, and of 

7 any other documents and records, not considered by the 

8 Attorney General to be confidential, pertaining to such 

9 entry, in the custody of the Service. 

10 ‘‘(c) LIMITATIONS ON REVIEW.—Notwithstanding 

11 the provisions of section 405(b), and except as provided 

12 in sections 328 and 329 of this title— 

13 ‘‘(1) No person shall be naturalized against 

14 whom there is outstanding a final finding of deport15 ability pursuant to a warrant of arrest issued under 

16 the provisions of this chapter or any other Act. 

17 ‘‘(2)(A) No application for naturalization shall 

18 be considered by the Secretary of Homeland Secu19 rity or any court if there is pending against the ap20 plicant any removal proceeding or other proceeding 

21 to determine whether the applicant’s lawful perma22 nent resident status should be rescinded, regardless 

23 of when such proceeding was commenced. 

24 ‘‘(B) The findings of the Attorney General in 

25 terminating removal proceedings or in cancelling the 


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1 removal of an alien pursuant to the provisions of 

2 this Act, shall not be deemed binding in any way 

3 upon the Secretary of Homeland Security with re4 spect to the question of whether such person has es5 tablished his or her eligibility for naturalization as 

6 required by this Act.’’. 

7 SEC. 624. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY 

8 HAS NOT MADE DECISION ON NATURALIZA9 TION APPLICATION AND ON DENIALS. 

10 (a) LIMITATION ON REVIEW OF PENDING NATU11 RALIZATION APPLICATIONS.—Subsection (b) of section 

12 336 of the Immigration and Nationality Act (8 U.S.C. 

13 1447(b)) is amended to read as follows: 

14 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

15 COURT.—If no final administrative determination is made 

16 on an application for naturalization under section 335 

17 prior to the end of the 180-day period beginning on the 

18 date on which the Secretary of Homeland Security com19 pletes all examinations and interviews conducted under 

20 such section, as such terms are defined by the Secretary 

21 pursuant to regulations, the applicant may apply to the 

22 district court for the district in which the applicant resides 

23 for a hearing on the matter. Such court shall only have 

24 jurisdiction to review the basis for delay and remand the 


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1 matter to the Secretary for the Secretary’s determination 

2 on the application.’’. 

3 (b) LIMITATIONS ON REVIEW OF DENIAL.—Sub4 section (c) of section 310 of the Immigration and Nation5 ality Act (8 U.S.C. 1421(c)) is amended to read as follows: 

6 ‘‘(c) JUDICIAL REVIEW.— 

7 ‘‘(1) JUDICIAL REVIEW OF DENIAL.—A person 

8 whose application for naturalization under this title 

9 is denied, after a hearing before an immigration offi10 cer under section 336(a), may seek, not later than 

11 120 days after the date of the Secretary of Home12 land Security’s administratively final determination 

13 on the application, review of such denial before the 

14 United States district court for the district in which 

15 such person resides in accordance with chapter 7 of 

16 title 5, United States Code. 

17 ‘‘(2) BURDEN OF PROOF.—The burden shall be 

18 upon the petitioner to show that the denial by the 

19 Secretary of Homeland Security of the application 

20 for naturalization was not supported by facially le21 gitimate and bona fide reasons. 

22 ‘‘(3) LIMITATIONS ON REVIEW.—Except in a 

23 proceeding under section 340, and notwithstanding 

24 any other provision of law, including section 2241 of 

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1 pus provision, and sections 1361 and 1651 of such 

2 title, no court shall have jurisdiction to determine, or 

3 to review a determination of the Secretary of Home4 land Security made at any time regarding, whether, 

5 for purposes of an application for naturalization, an 

6 alien— 

7 ‘‘(A) is a person of good moral character; 

8 ‘‘(B) understands and is attached to the 

9 principles of the Constitution of the United 

10 States; or 

11 ‘‘(C) is well disposed to the good order and 

12 happiness of the United States.’’. 

13 (c) EFFECTIVE DATE AND APPLICATION.—The 

14 amendments made by this subsection— 

15 (1) shall take effect on the date of the enact16 ment of this Act; 

17 (2) shall apply to any act that occurred before, 

18 on, or after such date of enactment; and 

19 (3) shall apply to any application for natu20 ralization or any other case or matter under the im21 migration laws that is pending on, or filed after, 

22 such date of enactment. 


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1 SEC. 625. CLARIFICATION OF DENATURALIZATION AU2 THORITY. 

3 Section 340 of the Immigration and Nationality Act 

4 (8 U.S.C. 1451) is amended— 

5 (1) in subsection (a), by striking ‘‘United 

6 States attorneys for the respective districts,’’ and in7 serting ‘‘Attorney General,’’; and 

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

9 following: 

10 ‘‘(c) BURDEN.—The burden of proof shall be on the 

11 Government to establish, by clear, unequivocal, and con12 vincing evidence, that an order granting citizenship to an 

13 alien should be revoked and a certificate of naturalization 

14 cancelled because such order and certificate were illegally 

15 procured or were procured by concealment of a material 

16 fact or by willful misrepresentation.’’. 

17 SEC. 626. DENATURALIZATION OF TERRORISTS. 

18 (a) DENATURALIZATION FOR TERRORISTS ACTIVI19 TIES.—Section 340 of the Immigration and Nationality 

20 Act (8 U.S.C. 1451) is amended by— 

21 (1) redesignating subsection (d) through (h) as 

22 subsections (f) through (j); and 

23 (2) inserting new subsection (d) to read as fol24 lows: 

25 ‘‘(d) COMMISSION OF TERRORIST ACTS

26 AFTER NATURALIZATION.— 


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1 ‘‘(1) IN GENERAL.—If a person who 

2 has been naturalized shall, within 15 years 

3 following such naturalization, participate 

4 in any act described in subsection (d)(2), 

5 such act or acts shall be considered prima 

6 facie evidence that such person was not at7 tached to the principles of the Constitution 

8 of the United States and was not well dis9 posed to the good order and happiness of 

10 the United States at the time of natu11 ralization, and, in the absence of counter12 vailing evidence, it shall be sufficient in the 

13 proper proceeding to authorize the revoca14 tion and setting aside of the order admit15 ting such person to citizenship and the 

16 cancellation of the certificate of naturaliza17 tion as having been obtained by conceal18 ment of a material fact or by willful mis19 representation, and such revocation and 

20 setting aside of the order admitting such 

21 person to citizenship and such canceling of 

22 certificate of naturalization shall be effec23 tive as of the original date of the order and 

24 certificate, respectively. 


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1 ‘‘(2) ACTS DESCRIBED.—The acts de2 scribed in this paragraph that shall subject 

3 an individual to denaturalization under 

4 subsection (d)(1) are the following: 

5 ‘‘(A) Any activity a purpose of 

6 which is the opposition to, or the con7 trol or overthrow of, the Government 

8 of the United States by force, vio9 lence, or other unlawful means. 

10 ‘‘(B) Engaging in a terrorist ac11 tivity (as defined in clauses (iii) and 

12 (iv) of section 212(a)(3)(B)). 

13 ‘‘(C) Incitement of terrorist ac14 tivity under circumstances indicating 

15 an intention to cause death or serious 

16 bodily harm. 

17 ‘‘(D) Receiving military-type 

18 training (as defined in section 

19 2339D(c)(1) of title 18, United States 

20 Code) from or on behalf of any orga21 nization that, at the time the training 

22 was received, was a terrorist organiza23 tion (as defined in section 

24 212(a)(3)(B)(vi)).’’. 


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

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to acts that occur on 

4 or after such date. 

5 SEC. 627. TREATMENT OF PENDING APPLICATIONS DURING 

6 DENATURALIZATION PROCEEDINGS. 

7 (a) Section 204(b) of the Immigration and Nation8 ality Act (8 U.S.C. 1154(b)) is amended by— 

9 (1) inserting ‘‘(1) IN GENERAL.—Except as 

10 provided in subsection (b)(2),’’ before ‘‘After’’; 

11 (2) revising the term ‘‘After’’ to read ‘‘after’’; 

12 and 

13 (3) inserting new subsection (b)(2) to read as 

14 follows: 

15 ‘‘(2) Treatment of petitions during pending 

16 denaturalization proceedings. The Secretary shall 

17 not adjudicate or approve any petition filed under 

18 this section by an individual who has a judicial pro19 ceeding pending against him or her that would result 

20 in the individual’s denaturalization under section 

21 340 until such proceedings have concluded and, if 

22 applicable, the period for appeal has expired or any 

23 appeals have been finally decided.’’. 

24 (b) Section 340 of the Immigration and Nationality 

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1 ther amended by inserting new subsection (e) to read as 

2 follows: 

3 ‘‘(e) WITHHOLDING OF IMMIGRATION

4 BENEFITS DURING DENATURALIZATION PRO5 CEEDINGS.—The Secretary shall not accept or 

6 approve any application, petition, or request for 

7 any immigration benefit from an individual 

8 against whom there is a judicial proceeding 

9 pending that would result in the individual’s 

10 denaturalization under this section until such 

11 proceedings have concluded and, if applicable, 

12 the period for appeal has expired or any appeals 

13 have been finally decided.’’. 

14 SEC. 628. NATURALIZATION DOCUMENT RETENTION. 

15 (a) IN GENERAL.—Chapter 2 of title III of the Immi16 gration and Nationality Act (8 U.S.C. 1421 et seq.) is 

17 amended by inserting after section 344 the following: 

18 ‘‘SEC. 345. NATURALIZATION DOCUMENT RETENTION. 

19 ‘‘The Secretary shall retain the original paper natu20 ralization application and all supporting paper documents 

21 submitted with the application at the time of filing for 

22 a minimum of 7 years for law enforcement and national 

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1 zenship and Immigration Services’ electronic immigration 

2 system or stored in any electronic format.’’. 

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

4 in the first section of the Immigration and Nationality Act 

5 is amended by inserting after the item relating to section 

6 344 the following: 

‘‘Sec. 345. Naturalization document retention.’’. 

7 Subtitle C—Forfeiture of Proceeds 

8 From Passport and Visa 

9 Offences, and Passport Revoca10 tion. 

11 SEC. 631. FORFEITURE OF PROCEEDS FROM PASSPORT 

12 AND VISA OFFENSES. 

13 Section 981(a)(1) of title 18, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(J) Any property, real or personal, that 

16 has been used to commit or facilitate the com17 mission of a violation of chapter 75, the gross 

18 proceeds of such violation, and any property 

19 traceable to any such property or proceeds.’’. 

20 SEC. 632. PASSPORT REVOCATION ACT. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Passport Revocation Act’’. 

23 (b) REVOCATION OR DENIAL OF PASSPORTS AND

24 PASSPORT CARDS TO INDIVIDUALS WHO ARE AFFILI25 ATED WITH FOREIGN TERRORIST ORGANIZATIONS.—The 


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1 Act entitled ‘‘An Act to regulate the issue and validity of 

2 passports, and for other purposes’’, approved July 3, 1926 

3 (22 U.S.C. 211a et seq.), which is commonly known as 

4 the ‘‘Passport Act of 1926’’, is amended by adding at the 

5 end the following: 

6 ‘‘SEC. 5. AUTHORITY TO DENY OR REVOKE PASSPORT AND 

7 PASSPORT CARD. 

8 ‘‘(a) INELIGIBILITY.— 

9 ‘‘(1) ISSUANCE.—Except as provided under 

10 subsection (b), the Secretary of State shall refuse to 

11 issue a passport or passport card to any individual— 

12 ‘‘(A) who has been convicted under chapter 

13 113B of title 18, United States Code; or 

14 ‘‘(B)(i) whom the Secretary has deter15 mined is a member of or is otherwise affiliated 

16 with an organization the Secretary has des17 ignated as a foreign terrorist organization pur18 suant to section 219 of the Immigration and 

19 Nationality Act (8 U.S.C. 1189); or 

20 ‘‘(ii) has aided, abetted, or provided mate21 rial support to such an organization. 

22 ‘‘(2) REVOCATION.—The Secretary of State 

23 shall revoke a passport previously issued to any indi24 vidual described in paragraph (1). 

25 ‘‘(b) EXCEPTIONS.— 


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1 ‘‘(1) EMERGENCY CIRCUMSTANCES, HUMANI2 TARIAN REASONS, AND LAW ENFORCEMENT PUR3 POSES.—Notwithstanding subsection (a), the Sec4 retary of State may issue, or decline to revoke, a 

5 passport of an individual described in such sub6 section in emergency circumstances, for humani7 tarian reasons, or for law enforcement purposes. 

8 ‘‘(2) LIMITATION FOR RETURN TO UNITED

9 STATES.—Notwithstanding subsection (a)(2), the 

10 Secretary of State, before revocation, may— 

11 ‘‘(A) limit a previously issued passport for 

12 use only for return travel to the United States; 

13 or 

14 ‘‘(B) issue a limited passport that only 

15 permits return travel to the United States. 

16 ‘‘(c) RIGHT OF REVIEW.—Any individual who, in ac17 cordance with this section, is denied issuance of a passport 

18 by the Secretary of State, or whose passport is revoked 

19 or otherwise limited by the Secretary of State, may re20 quest a hearing before the Secretary of State not later 

21 than 60 days after receiving notice of such denial, revoca22 tion, or limitation. 

23 ‘‘(d) REPORT.—If the Secretary of State denies, 

24 issues, limits, or declines to revoke a passport or passport 

25 card under subsection (b), the Secretary shall, not later 


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1 than 30 days after such denial, issuance, limitation, or 

2 revocation, submit to Congress a report on such denial, 

3 issuance, limitation, or revocation, as the case may be.’’. 

4 TITLE VII—OTHER MATTERS 

5 SEC. 701. OTHER IMMIGRATION AND NATIONALITY ACT 

6 AMENDMENTS. 

7 (a) NOTICE OF ADDRESS CHANGE.—Subsection (a) 

8 of section 265 of the Immigration and Nationality Act (8 

9 U.S.C. 1305(a)) is amended to read as follows: 

10 ‘‘(a) Each alien required to be registered under this 

11 Act who is within the United States shall notify the Sec12 retary of Homeland Security of each change of address 

13 and new address within ten days from the date of such 

14 change and shall furnish such notice in the manner pre15 scribed by the Secretary.’’. 

16 (b) PHOTOGRAPHS FOR NATURALIZATION CERTIFI17 CATES.—Section 333 of the Immigration and Nationality 

18 Act (8 U.S.C. 1444) is amended by adding at the end the 

19 following: 

20 ‘‘(c) The Secretary may modify the technical require21 ments of this section in the Secretary’s discretion and as 

22 the Secretary may deem necessary to provide for photo23 graphs to be furnished and used in a manner that is effi24 cient, secure, and consistent with the developments in 

25 technology.’’. 


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1 SEC. 702. EXEMPTION FROM THE ADMINISTRATIVE PROCE2 DURE ACT. 

3 Except where promulgation of regulations is specified 

4 in this Act, chapter 5 of title 5, United States Code (com5 monly known as the ‘‘Administrative Procedures Act’’), 

6 and any other law relating to rulemaking, information col7 lection, or publication in the Federal Register, shall not 

8 apply to any action to implement this Act, and the amend9 ments made by this Act, to the extent the Secretary, the 

10 Secretary of State, or the Attorney General determines 

11 that compliance with any such law would impede the expe12 ditious implementation of this Act or the amendments 

13 made by this Act. 

14 SEC. 703. EXEMPTION FROM THE PAPERWORK REDUCTION 

15 ACT. 

16 Chapter 35 of title 44, United States Code, shall not 

17 apply to any action to implement this Act or the amend18 ments made by this Act to the extent the Secretary of 

19 Homeland Security, the Secretary of State, or the Attor20 ney General determines that compliance with such law 

21 would impede the expeditious implementation of this Act 

22 or the amendments made by this Act. 

23 SEC. 704. ABILITY TO FILL AND RETAIN DHS POSITIONS IN 

24 U.S. TERRITORIES. 

25 Section 530C of Title 28, United States Code, is 

26 amended— 


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1 (1) in subsection (a) by inserting ‘‘or Depart2 ment of Homeland Security’’ after ‘‘Department of 

3 Justice’’ and inserting ‘‘or Secretary of Homeland 

4 Security’’ after ‘‘Attorney’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1) introductory text by 

7 inserting ‘‘or Secretary of Homeland Security’’ 

8 after ‘‘Attorney General’’; 

9 (B) in paragraph (1)(K)(i) by inserting 

10 ‘‘or within US territories or commonwealths’’ 

11 after ‘‘outside United States’’ and ‘‘or Sec12 retary of Homeland Security’’ after ‘‘Attorney 

13 General’’; 

14 (C) in paragraph (1)(K)(ii) ‘‘or Secretary 

15 of Homeland Security’’ after ‘‘Attorney Gen16 eral’’; 

17 (D) in paragraph (2) by— 

18 (i) in subparagraph (A) by striking 

19 ‘‘for the Immigration and Naturalization 

20 Service’’ and inserting a ‘‘.’’ after ‘‘Drug 

21 Enforcement Administration’’; and 

22 (ii) in subparagraph (A) by adding 

23 after ‘‘.’’ ‘‘Further funds available to the 

24 Secretary of Homeland Security; 


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1 (iii) in subparagraph (B) by striking 

2 ‘‘and for the Immigration and Naturaliza3 tion Service’’ and replacing with ‘‘and for 

4 the Secretary of Homeland Security’’; and 

5 (E) in paragraph (5) by striking ‘‘IMMI6 GRATION AND NATURALIZATION SERV7 ICE.—Funds available to the Attorney Gen8 eral. . .’’ and replacing with ‘‘DEPARTMENT OF

9 HOMELAND SECURITY.— Funds available to the 

10 Secretary of Homeland Security. . .’’; 

11 (F) in paragraph (7) by inserting ‘‘or the 

12 Secretary of Homeland Security’’ after ‘‘Attor13 ney General’’ and striking ‘‘the Immigration 

14 and Naturalization Service’’ and replacing with 

15 ‘‘U.S. Immigration and Customs Enforcement’’; 

16 (3) in subsection (d) by inserting ‘‘or Depart17 ment of Homeland Security’’ after ‘‘Department of 

18 Justice’’. 

19 SEC. 705. SEVERABILITY. 

20 If any provision of this Act or any amendment made 

21 by this Act, or any application of such provision or amend22 ment to any person or circumstance, is held to be uncon23 stitutional, the remainder of the provisions of this Act and 

24 the amendments made by this Act and the application of 


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1 the provision or amendment to any other person or cir2 cumstance shall not be affected. 

3 SEC. 706. FUNDING. 

4 (a) IMPLEMENTATION.—The Director of the Office of 

5 Management and Budget shall determine and identify— 

6 (1) the appropriation accounts from which the 

7 rescission under subsection (a) shall apply; and 

8 (2) the amount of the rescission that shall be 

9 applied to each such account. 

10 (b) REPORT.—Not later than 60 days after the date 

11 of the enactment of this Act, the Director of the Office 

12 of Management and Budget shall submit a report to Con13 gress and to the Secretary of the Treasury that describes 

14 the accounts and amounts determined and identified 

15 under subsection (b) for rescission under subsection (a). 

16 (c) EXCEPTIONS.—This subsection shall not apply to 

17 unobligated funds of— 

18 (1) the Department; 

19 (2) the Department of Defense; or 

20 (3) the Department of Veterans Affairs. 


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1 TITLE VIII—TECHNICAL 

2 AMENDMENTS 

3 SEC. 801. REFERENCES TO THE IMMIGRATION AND NA4 TIONALITY ACT. 

5 Except as otherwise expressly provided, whenever in 

6 this title an amendment or repeal is expressed in terms 

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a 

9 section or other provision of the Immigration and Nation10 ality Act (8 U.S.C. 1101 et seq.). 

11 SEC. 802. TITLE I TECHNICAL AMENDMENTS. 

12 (a) SECTION 101.— 

13 (1) DEPARTMENT.—Paragraph (8) of section 

14 101(a) (8 U.S.C. 1101(a)(8)) is amended to read as 

15 follows: 

16 ‘‘(8) The term ‘Department’ means the Depart17 ment of Homeland Security.’’. 

18 (2) IMMIGRANT.—Paragraph (15) of section 

19 101(a) (8 U.S.C. 1101(a)(15)) is amended— 

20 (A) in subparagraph (F)(i)— 

21 (i) by striking the term ‘‘Attorney 

22 General’’ each place that term appears and 

23 inserting ‘‘Secretary’’; and 

24 (ii) by striking ‘‘214(l)’’ and inserting 

25 ‘‘214(m)’’; 


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1 (B) in subparagraph (H)(i)— 

2 (i) in øsubclause (b)¿, by striking 

3 ‘‘certifies to the Attorney General that the 

4 intending employer has filed with the Sec5 retary’’ and inserting ‘‘certifies to the Sec6 retary of Homeland Security that the in7 tending employer has filed with the Sec8 retary of Labor’’; and 

9 (ii) in øsubclause (c)¿, by striking 

10 ‘‘certifies to the Attorney General’’ and in11 serting ‘‘certifies to the Secretary of 

12 Homeland Security’’; and 

13 (C) in subparagraph (M)(i), by striking the 

14 term ‘‘Attorney General’’ each place that term 

15 appears and inserting ‘‘Secretary’’. 

16 (3) IMMIGRATION OFFICER.—Paragraph (18) of 

17 section 101(a) (8 U.S.C. 1101(a)(18)) is amended 

18 by striking ‘‘Service or of the United States des19 ignated by the Attorney General,’’ and inserting 

20 ‘‘Department or of the United States designated by 

21 the Secretary,’’. 

22 (4) SECRETARY.—Paragraph (34) of section 

23 101(a) (8 U.S.C. 1101(a)(34)) is amended to read 

24 as follows: 


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1 ‘‘(34) The term ‘Secretary’ means the Secretary 

2 of Homeland Security, except as provided in section 

3 219(d)(4).’’. 

4 (5) SPECIAL IMMIGRANT.—Section 

5 101(a)(27)(L)(iii) (8 U.S.C. 1101(a)(27)(L)(iii)) is 

6 amended by adding a semicolon and ‘‘or’’ at the end. 

7 (6) MANAGERIAL CAPACITY; EXECUTIVE CAPAC8 ITY.—Subparagraph (C) of section 101(a)(44) (8 

9 U.S.C. 1101(a)(44)(C)) is amended by striking ‘‘At10 torney General’’ and inserting ‘‘Secretary’’. 

11 (7) ORDER OF REMOVAL.—Subparagraph (A) 

12 of section 101(a)(47) (8 U.S.C. 1101(a)(47)(A)) is 

13 amended to read as follows: 

14 ‘‘(A) The term ‘order of removal’ means 

15 the order of the immigration judge, or other 

16 such administrative officer to whom the Attor17 ney General or the Secretary has delegated the 

18 responsibility for determining whether an alien 

19 is removable, concluding that the alien is re20 movable or ordering removal.’’. 

21 (8) TITLE I AND II DEFINITIONS.—Subsection 

22 (b) of section 101 is amended— 

23 (A) in paragraph (1)(F)(i), by striking 

24 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

25 and 


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1 (B) in paragraph (4), by striking ‘‘Immi2 gration and Naturalization Service.’’ and insert3 ing ‘‘Department.’’. 

4 (b) SECTION 103.— 

5 (1) IN GENERAL.—Section 103 (8 U.S.C. 1103) 

6 is amended by striking the section heading and sub7 section (a)(1) and inserting the following: 

8 ‘‘SEC. 103. POWERS AND DUTIES. 

9 ‘‘(a)(1) The Secretary shall be charged with the ad10 ministration and enforcement of this Act and all other 

11 laws relating to the immigration and naturalization of 

12 aliens, except insofar as this Act or such laws relate to 

13 the powers, functions, and duties conferred upon the 

14 President, Attorney General, the Secretary of Labor, the 

15 Secretary of Agriculture, the Secretary of Health and 

16 Human Services, the Commissioner of Social Security, the 

17 Secretary of State, the officers of the Department of 

18 State, or diplomatic or consular officers: Provided, how19 ever, That a determination and ruling by the Attorney 

20 General with respect to all questions of law shall be con21 trolling.’’. 

22 (2) TECHNICAL AND CONFORMING CORREC23 TIONS.—Subsection of section 103 (8 U.S.C. 1103), 

24 as amended by paragraph (1), is further amended— 

25 (A) in subsection (a)— 


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1 (i) in paragraph (2), by striking ‘‘He’’ 

2 and inserting ‘‘The Secretary’’; 

3 (ii) in paragraph (3)— 

4 (I) by striking ‘‘He’’ and insert5 ing ‘‘The Secretary’’; 

6 (II) by striking ‘‘he’’ and insert7 ing ‘‘the Secretary’’; and 

8 (III) by striking ‘‘his authority’’ 

9 and inserting ‘‘the authority of the 

10 Secretary’’; 

11 (iii) in paragraph (4)— 

12 (I) by striking ‘‘He’’ and insert13 ing ‘‘The Secretary’’; and 

14 (II) by striking ‘‘Service or the 

15 Department of Justice’’ and insert the 

16 ‘‘Department’’; 

17 (iv) in paragraph (5)— 

18 (I) by striking ‘‘He’’ and insert19 ing ‘‘The Secretary’’; 

20 (II) by striking ‘‘his discretion,’’ 

21 and inserting ‘‘the discretion of the 

22 Secretary,’’ and 

23 (III) by striking ‘‘him’’ and in24 serting ‘‘the Secretary’’; 

25 (v) in paragraph (6)— 


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1 (I) by striking ‘‘He’’ and insert2 ing ‘‘The Secretary’’; 

3 (II) by striking ‘‘Department’’ 

4 and inserting ‘‘agency, department,’’; 

5 and 

6 (III) by striking ‘‘Service.’’ and 

7 inserting ‘‘Department or upon con8 sular officers with respect to the 

9 granting or refusal of visas’’; 

10 (vi) in paragraph (7)— 

11 (I) by striking ‘‘He’’ and insert12 ing ‘‘The Secretary’’; 

13 (II) by striking ‘‘countries;’’ and 

14 inserting ‘‘countries’’; 

15 (III) by striking ‘‘he’’ and insert16 ing ‘‘the Secretary’’; and 

17 (IV) by striking ‘‘his judgment’’ 

18 and inserting ‘‘the judgment of the 

19 Secretary’’; 

20 (vii) in paragraph (8), by striking 

21 ‘‘Attorney General’’ and inserting ‘‘Sec22 retary’’; 

23 (viii) in paragraph (10), by striking 

24 ‘‘Attorney General’’ each place that term 

25 appears and inserting ‘‘Secretary’’; and 


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1 (ix) in paragraph (11), by striking 

2 ‘‘Attorney General,’’ and inserting ‘‘Sec3 retary,’’; 

4 (B) by amending subsection (c) to read as 

5 follows: 

6 ‘‘(c) SECRETARY; APPOINTMENT.—The Secretary 

7 shall be a citizen of the United States and shall be ap8 pointed by the President, by and with the advice and con9 sent of the Senate. The Secretary shall be charged with 

10 any and all responsibilities and authority in the adminis11 tration of the Department and of this Act. The Secretary 

12 may enter into cooperative agreements with State and 

13 local law enforcement agencies for the purpose of assisting 

14 in the enforcement of the immigration laws.’’; 

15 (C) in subsection (e)— 

16 (i) in paragraph (1), by striking 

17 ‘‘Commissioner’’ and inserting ‘‘Sec18 retary’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘Service’’ and inserting ‘‘U.S. Citizenship 

21 and Immigration Services’’; 

22 (D) in subsection (f)— 

23 (i) by striking ‘‘Attorney General’’ 

24 and inserting ‘‘Secretary’’; 


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1 (ii) by striking ‘‘Immigration and 

2 Naturalization Service’’ and inserting ‘‘De3 partment’’; and 

4 (iii) by striking ‘‘Service,’’ and insert5 ing ‘‘Department,’’; and 

6 (E) in subsection (g)(1), by striking ‘‘Im7 migration Reform, Accountability and Security 

8 Enhancement Act of 2002’’ and inserting 

9 ‘‘Homeland Security Act of 2002 (Public Law 

10 107–296; 116 Stat. 2135)’’. 

11 (3) CLERICAL AMENDMENT.—The table of con12 tents in the first section is amended by striking the 

13 item relating to section 103 and inserting the fol14 lowing: 

‘‘Sec. 103. Powers and duties.’’. 

15 (c) SECTION 105.—Section 105(a) is amended (8 

16 U.S.C. 1105(a)) by striking ‘‘Commissioner’’ each place 

17 that term appears and inserting ‘‘Secretary’’. 

18 SEC. 803. TITLE II TECHNICAL AMENDMENTS. 

19 (a) SECTION 202.—Section 202(a)(1)(B) (8 U.S.C. 

20 1152(a)(1)(B)) is amended by inserting ‘‘the Secretary 

21 or’’ after ‘‘the authority of’’, 

22 (b) SECTION 203.—Section 203 (8 U.S.C. 1153) is 

23 amended— 

24 (1) in subsection (b)(2)(B)(ii)— 

25 (A) in subclause (II)— 


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1 (i) by inserting ‘‘the Secretary or’’ be2 fore ‘‘the Attorney General’’; and 

3 (ii) by moving such subclause 4 ems 

4 to the left; and 

5 (B) by moving subclauses (III) and (IV) 4 

6 ems to the left; and 

7 (2) in subsection (g)— 

8 (A) by striking ‘‘Secretary’s’’ and inserting 

9 ‘‘Secretary of State’s’’; and 

10 (B) by inserting ‘‘of State’’ after ‘‘but the 

11 Secretary’’. 

12 (c) SECTION 204.—Section 204 (8 U.S.C. 1154) is 

13 amended— 

14 (1) in subsection (a)(1)— 

15 (A) in subparagraph (B)(i)— 

16 (i) by redesignating the second sub17 clause (I), as added by section 

18 402(a)(3)(B) of the Adam Walsh Child 

19 Protection and Safety Act of 2006 (Public 

20 Law 109–248), as subclause (II); and 

21 (ii) indenting the left margin of such 

22 subclause two ems from the left margin; 

23 and 

24 (B) in subparagraph (G)(ii), by inserting 

25 ‘‘of State’’ after ‘‘by the Secretary’’; 


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1 (2) in subsection (c), by inserting ‘‘the Sec2 retary or’’ before ‘‘the Attorney General’’ each place 

3 that term appears; and 

4 (3) in subsection (e), by inserting ‘‘to’’ after 

5 ‘‘admitted’’. 

6 (d) Section 208 of the Immigration and Nationality 

7 Act (8 U.S.C. 1158) is amended— 

8 (1) in subsection (a)(2)— 

9 (A) by inserting ‘‘the Secretary of Home10 land Security or’’ before ‘‘Attorney General’’ in 

11 subparagraph (A); 

12 (B) by inserting ‘‘the Secretary of Home13 land Security or’’ before ‘‘Attorney General’’ in 

14 subparagraph (D); 

15 (2) in subsection (b)(2) by inserting ‘‘the Sec16 retary of Homeland Security or’’ before ‘‘Attorney 

17 General’’ wherever the term appears; 

18 (3) in subsection (c)(1), by striking ‘‘the Attor19 ney General’’ and inserting ‘‘the Secretary of Home20 land Security’’; 

21 (4) in paragraphs (2) and (3) of subsection (c), 

22 by inserting ‘‘the Secretary of Homeland Security 

23 or’’ before ‘‘Attorney General’’; and 

24 (5) in subsection (d)— 


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1 (A) in paragraph (1), by inserting ‘‘the 

2 Secretary of Homeland Security or’’ before ‘‘the 

3 Attorney General’’, 

4 (B) in paragraph (2), by striking ‘‘Attor5 ney General’’ and inserting ‘‘Secretary of 

6 Homeland Security’’; and 

7 (C) in paragraph (3)— 

8 (i) by striking ‘‘Attorney General’’ 

9 each place that term appears and inserting 

10 ‘‘Secretary of Homeland Security’’; and 

11 (ii) by striking ‘‘Attorney General’s’’ 

12 and inserting ‘‘Secretary’s’’. 

13 (D) in paragraphs (4) through (6), by in14 serting ‘‘the Secretary of Homeland Security 

15 or’’ before ‘‘the Attorney General’’; and 

16 (e) SECTION 209.—Section 209(a)(1)(A) (8 U.S.C. 

17 1159(a)(1)(A)) is amended by striking ‘‘Secretary of 

18 Homeland Security or the Attorney General’’ each place 

19 that term appears and inserting ‘‘Secretary’’. 

20 (f) SECTION 212.—Section 212 (8 U.S.C. 1182) is 

21 amended— 

22 (1) in subsection (a)— 

23 (A) in paragraphs (2)(C), (2)(H)(ii), 

24 (2)(I), (3)(A), and (3)(B)(ii)(II), by inserting ‘‘, 


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1 the Secretary,’’ before ‘‘or the Attorney Gen2 eral’’ each place that term appears; 

3 (B) in paragraph (3)(D), by inserting ‘‘the 

4 Secretary or’’ before ‘‘the Attorney General’’ 

5 each place that term appears; 

6 (C) in paragraph (4)— 

7 (i) in subparagraph (A), by inserting 

8 ‘‘the Secretary or’’ before ‘‘the Attorney 

9 General’’; and 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘, the Secretary,’’ before ‘‘or the Attorney 

12 General’’ each place that term appears; 

13 (D) in paragraph (5)(C), by striking ‘‘or, 

14 in the case of an adjustment of status, the At15 torney General, a certificate from the Commis16 sion on Graduates of Foreign Nursing Schools, 

17 or a certificate from an equivalent independent 

18 credentialing organization approved by the At19 torney General’’ and inserting ‘‘or, in the case 

20 of an adjustment of status, the Secretary or the 

21 Attorney General, a certificate from the Com22 mission on Graduates of Foreign Nursing 

23 Schools, or a certificate from an equivalent 

24 independent credentialing organization ap25 proved by the Secretary’’; 


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1 (E) in paragraph (9)— 

2 (i) in subparagraph (B)(v)— 

3 (I) by inserting ‘‘or the Sec4 retary’’ after ‘‘Attorney General’’ each 

5 place that term appears; and 

6 (II) by striking ‘‘has sole discre7 tion’’ and inserting ‘‘have discretion’’; 

8 and 

9 (ii) in subparagraph (C)(iii), by in10 serting ‘‘or the Attorney General’’ after 

11 ‘‘Secretary of Homeland Security’’; and 

12 (F) in paragraph (10)(C), in clauses 

13 (ii)(III) and (iii)(II), by striking ‘‘Secretary’s’’ 

14 and inserting ‘‘Secretary of State’s’’; 

15 (2) in subsection (d), in paragraphs (11) and 

16 (12), by inserting ‘‘or the Secretary’’ after ‘‘Attor17 ney General’’ each place that term appears; 

18 (3) in subsection (e), by striking the first pro19 viso and inserting ‘‘Provided, That upon the favor20 able recommendation of the Director, pursuant to 

21 the request of an interested United States Govern22 ment agency (or, in the case of an alien described 

23 in clause (iii), pursuant to the request of a State 

24 Department of Public Health, or its equivalent), or 

25 of the Secretary after the Secretary has determined 


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1 that departure from the United States would impose 

2 exceptional hardship upon the alien’s spouse or child 

3 (if such spouse or child is a citizen of the United 

4 States or a lawfully resident alien), or that the alien 

5 cannot return to the country of his or her nation6 ality or last residence because the alien would be 

7 subject to persecution on account of race, religion, 

8 or political opinion, the Secretary may waive the re9 quirement of such two-year foreign residence abroad 

10 in the case of any alien whose admission to the 

11 United States is found by the Secretary to be in the 

12 public interest except that in the case of a waiver re13 quested by a State Department of Public Health, or 

14 its equivalent, or in the case of a waiver requested 

15 by an interested United States Government agency 

16 on behalf of an alien described in clause (iii), the 

17 waiver shall be subject to the requirements under 

18 section 214(l):’’. 

19 (4) in subsections (g), (h), (i), and (k), by in20 serting ‘‘or the Secretary’’ after ‘‘Attorney General’’ 

21 each place that term appears; 

22 (5) in subsection (m)(2)(E)(iv), by inserting ‘‘of 

23 Labor’’ after ‘‘Secretary’’ the second and third place 

24 that term appears; 


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1 (6) in subsection (n), by inserting ‘‘of Labor’’ 

2 after ‘‘Secretary’’ each place that term appears, ex3 cept that this amendment shall not apply to ref4 erences to the ‘‘Secretary of Labor’’; and 

5 (7) in subsection (s), by inserting ‘‘, the Sec6 retary,’’ before ‘‘or the Attorney General’’. 

7 (g) SECTION 213A.—Section 213A (8 U.S.C. 1183a) 

8 is amended— 

9 (1) in subsection (a)(1), in the matter pre10 ceding paragraph (1), by inserting ‘‘, the Secretary,’’ 

11 after ‘‘the Attorney General’’; and 

12 (2) in subsection (f)(6)(B), by inserting ‘‘the 

13 Secretary,’’ after ‘‘The Secretary of State,’’. 

14 (h) SECTION 214.—Subparagraph (A) of section 

15 214(c)(9) (8 U.S.C. 1184(c)(9)(A) is amended, in the 

16 matter preceding clause (i), by striking ‘‘before’’. 

17 (i) SECTION 217.—Section 217 (8 U.S.C. 1187) is 

18 amended— 

19 (1) in subsection (e)(3)(A), by inserting a 

20 comma after ‘‘Regulations’’; 

21 (2) in subsection (f)(2)(A), by striking ‘‘section 

22 (c)(2)(C),’’ and inserting ‘‘subsection (c)(2)(C),’’; 

23 and 

24 (3) in subsection (h)(3)(A), by striking ‘‘the’’ 

25 before ‘‘alien’’ and inserting ‘‘an’’. 


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1 (j) SECTION 218.—Section 218 (8 U.S.C. 1188) is 

2 amended— 

3 (1) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 

4 each place that term appears, except that this 

5 amendment shall not apply to references to the 

6 ‘‘Secretary of Labor’’ or to the ‘‘Secretary of Agri7 culture’’; 

8 (2) in subsection (c)(3)(B)(iii), by striking 

9 ‘‘Secretary’s’’ and inserting ‘‘Secretary of Labor’s’’; 

10 and 

11 (3) in subsection (g)(4), by striking ‘‘Sec12 retary’s’’ and inserting ‘‘Secretary of Agriculture’s’’. 

13 (k) SECTION 219.—Section 219 (8 U.S.C. 1189) is 

14 amended— 

15 (1) in subsection (a)(1)(B)— 

16 (A) by inserting a close parenthetical after 

17 ‘‘section 212(a)(3)(B)’’; and 

18 (B) by deleting ‘‘terrorism);’’ and inserting 

19 ‘‘terrorism;’’; 

20 (2) in subsection (c)(3)(D), by striking ‘‘(2),’’ 

21 and inserting ‘‘(2);’’; and 

22 (3) in subsection (d)(4), by inserting ‘‘Secretary 

23 of Homeland Security,’’ after ‘‘with the’’. 

24 (l) SECTION 222.—Section 222 (8 U.S.C. 1202)— 


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1 (1) by inserting ‘‘or the Secretary’’ after ‘‘Sec2 retary of State’’ each place that term appears; and 

3 (2) in subsection (f)— 

4 (A) in the matter preceding paragraph (1), 

5 by inserting ‘‘, the Department,’’ after ‘‘De6 partment of State’’; and 

7 (B) in paragraph (2), by striking ‘‘Sec8 retary’s’’ and inserting ‘‘their’’. 

9 (m) SECTION 231.—Section 231 (8 U.S.C. 1221) is 

10 amended— 

11 (1) in subsection (c)(10), by striking ‘‘Attorney 

12 General,’’ and inserting ‘‘Secretary,’’; 

13 (2) in subsection (f), by striking ‘‘Attorney 

14 General’’ each place that term appears and inserting 

15 ‘‘Secretary’’; 

16 (3) in subsection (g)— 

17 (A) by striking ‘‘of the Attorney General’’ 

18 and inserting ‘‘of the Secretary’’; 

19 ø(B) by striking ‘‘by the Attorney Gen20 eral’’ and inserting ‘‘by the Secretary’’; and¿ 

21 (C) by striking ‘‘Commissioner’’ each place 

22 that term appears and inserting ‘‘Secretary’’; 

23 and 


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1 (4) in subsection (h), by striking ‘‘Attorney 

2 General’’ each place that term appears and inserting 

3 ‘‘Secretary’’. 

4 (n) SECTION 236.—Section 236 (8 U.S.C. 1226) is 

5 amended— 

6 (1) in subsection (a)(2)(A), by inserting ‘‘the 

7 Secretary or’’ before ‘‘the Attorney General’’ the 

8 third place that term appears; and 

9 (2) in subsection (e)— 

10 (A) by striking ‘‘review.’’ and inserting 

11 ‘‘review, other than administrative review by the 

12 Attorney General pursuant to the authority 

13 granted by section 103(g).’’; and 

14 (B) by inserting ‘‘the Secretary or’’ before 

15 ‘‘Attorney General under’’. 

16 (o) SECTION 236A.—Paragraph (4) of section 

17 236A(a) (8 U.S.C. 1226a(a)(4)) is amended by striking 

18 ‘‘Deputy Attorney General’’ both places that term appears 

19 and inserting ‘‘Deputy Secretary of Homeland Security’’. 

20 (p) SECTION 237.—Section 237(a) (8 U.S.C. 

21 1227(a)) is amended— 

22 (1) in the matter preceding paragraph (1), by 

23 inserting ‘‘following the initiation by the Secretary 

24 of removal proceedings’’ after ‘‘upon the order of the 

25 Attorney General’’; and 


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1 (2) in the heading of subparagraph (E) of para2 graph (2), by striking ‘‘CHILDREN AND.—’’ and 

3 inserting ‘‘CHILDREN.—’’. 

4 (q) SECTION 238.—Section 238 (8 U.S.C. 1228) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2), by striking ‘‘Attor8 ney General’’ each place that term appears and 

9 inserting ‘‘Secretary’’; and 

10 (B) in paragraphs (3) and (4)(A), by in11 serting ‘‘and the Secretary’’ after ‘‘Attorney 

12 General’’ each place that term appears; 

13 (2) in subsection (b)— 

14 (A) in paragraph (3) and (4), by striking 

15 ‘‘Attorney General’’ each place the term ap16 pears and inserting ‘‘Secretary of Homeland 

17 Security’’; and 

18 (B) in paragraph (5) by inserting ‘‘or the 

19 Secretary’’ after ‘‘Attorney General’’; and 

20 (3) in subsection (d), as so redesignated— 

21 (A) by striking ‘‘Commissioner’’ and ‘‘At22 torney General’’ each place those terms appear 

23 and inserting ‘‘Secretary’’; and 


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1 (B) in subparagraph (D)(iv), by striking 

2 ‘‘Attorney General’’ and inserting ‘‘United 

3 States Attorney’’. 

4 (r) SECTION 239.—Section 239(a)(1) (8 U.S.C. 

5 1229(a)(1)) is amended by inserting ‘‘and the Secretary’’ 

6 after ‘‘Attorney General’’ each place that term appears. 

7 (s) SECTION 240.—Section 240 (8 U.S.C. 1229a) is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1), by inserting ‘‘, with 

11 the concurrence of the Secretary with respect to 

12 employees of the Department’’ after ‘‘Attorney 

13 General’’; and 

14 (B) in paragraph (5)(A), by inserting ‘‘the 

15 Secretary or’’ before ‘‘the Attorney General’’; 

16 and 

17 (2) in subsection (c)— 

18 (A) in paragraph (2), by inserting ‘‘, the 

19 Secretary of State, or the Secretary’’ before ‘‘to 

20 be confidential’’; and 

21 ø(B) in paragraph (7)(C)(iv)(I)), by strik22 ing the extra comma after the second reference 

23 to the term ‘‘this title’’. Note: please clarify how 

24 to execute this amendment.¿ 


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1 (t) SECTION 240A.—Section 240A(b) (8 U.S.C. 

2 1229b(b)) is amended— 

3 (1) in paragraph (3), by striking ‘‘Attorney 

4 General shall’’ and inserting ‘‘Secretary shall’’; and 

5 (2) in paragraph (4)(A), by striking ‘‘Attorney 

6 General’’ and inserting ‘‘Secretary’’. 

7 (u) SECTION 240B.—Section 240B (8 U.S.C. 1229c) 

8 is amended— 

9 (1) in paragraphs (1) and (3) of subsection (a), 

10 by inserting ‘‘or the Secretary’’ after ‘‘Attorney Gen11 eral’’; and 

12 (2) in subsection (c), by inserting ‘‘and the Sec13 retary’’ after ‘‘Attorney General’’. 

14 (v) SECTION 241.—Section 241 (8 U.S.C. 1231) is 

15 amended— 

16 (1) in subsection (a)(4)(B)(i), by inserting a 

17 close parenthetical after ‘‘(L)’’; 

18 (2) in paragraph (2) of subsection (g)— 

19 (A) by striking the paragraph heading and 

20 inserting ‘‘DETENTION FACILITIES OF THE DE21 PARTMENT OF HOMELAND SECURITY.—’’; 

22 (B) by striking ‘‘Service,’’ and inserting 

23 ‘‘Department’’; and 

24 (C) by striking ‘‘Commissioner’’ and in25 serting ‘‘Secretary’’. 


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1 (w) SECTION 242.—Section 242(g) (8 U.S.C. 

2 1252(g)) is amended by inserting ‘‘the Secretary or’’ be3 fore ‘‘the Attorney General’’. 

4 (x) SECTION 243.—Section 243 (8 U.S.C. 1253) is 

5 amended— 

6 (1) in subparagraphs (A) and (B) of subsection 

7 (c)(1)— 

8 (A) by striking ‘‘Attorney General’’ each 

9 place that term appears and inserting ‘‘Sec10 retary’’; and 

11 (B) by striking ‘‘Commissioner’’ each place 

12 that term appears and inserting ‘‘Secretary’’; 

13 and 

14 (2) in subsection (d), by inserting ‘‘of State’’ 

15 after ‘‘notifies the Secretary’’. 

16 (y) SECTION 244.—Section 244 (8 U.S.C. 1254a) is 

17 amended— 

18 (1) in subsection (c)(2), by inserting ‘‘or the 

19 Secretary’’ after ‘‘Attorney General’’ each place the 

20 term appears; and 

21 (2) in subsection (g), by inserting ‘‘or the Sec22 retary’’ after ‘‘Attorney General’’. 

23 (z) SECTION 245.—Section 245 (8 U.S.C. 1255) is 

24 amended— 


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1 (1) by inserting ‘‘or the Secretary’’ after ‘‘At2 torney General’’ each place that term appears except 

3 in subsections (j) (other than the first reference), (l), 

4 and (m); 

5 (2) in subsection (c), striking the comma after 

6 ‘‘section 101(a)(15)(S)’’ and inserting a semicolon; 

7 (3) in subsection (k)(1), adding an ‘‘and’’ at 

8 the end; 

9 (4) in subsection (l)— 

10 (A) in paragraph (1), by inserting a 

11 comma after ‘‘appropriate’’; and 

12 (B) in paragraph (2)— 

13 (i) in the matter preceding paragraph 

14 (1), by striking ‘‘Attorney General’s’’ and 

15 inserting ‘‘Secretary’s’’; and 

16 (ii) in subparagraph (B), by striking 

17 ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. 

18 (aa) SECTION 245A.—Section 245A (8 U.S.C. 

19 1255a) is amended— 

20 (1) by striking subparagraph (C) of subsection 

21 (c)(7); and 

22 (2) in subsection (h)(5)— 

23 ø(A) in subparagraph (A), by striking the 

24 second reference to ‘‘The’’; and Note: Please 

25 clarify how to execute this amendment¿ 


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1 (3) striking ‘‘(Public Law 96–122),’’ and in2 serting ‘‘(Public Law 96–422),’’. 

3 (bb) SECTION 246.—Section 246(a) (8 U.S.C. 

4 1256(a)) is amended— 

5 (1) by inserting ‘‘or the Secretary’’ after ‘‘of 

6 the Attorney General’’; 

7 (2) by inserting ‘‘or the Secretary’’ after ‘‘sta8 tus, the Attorney General’’; and 

9 (3) by striking ‘‘Attorney General to rescind’’ 

10 and inserting ‘‘Secretary to rescind’’. 

11 (cc) SECTION 249.—Section 249 (8 U.S.C. 1259) is 

12 amended by inserting ‘‘or the Secretary’’ after ‘‘Attorney 

13 General’’ each place that term appears. 

14 (dd) SECTION 251.—Subsection (d) of section 251 (8 

15 U.S.C. 1281(d)) is amended by striking ‘‘Attorney Gen16 eral’’ and ‘‘Commissioner’’ each place those terms appear 

17 and inserting ‘‘Secretary’’. 

18 (ee) SECTION 254.—Subsection (a) of section 254 (8 

19 U.S.C. 1284(a)) is amended by striking ‘‘Commissioner’’ 

20 each place that term appears and inserting ‘‘Secretary’’. 

21 (ff) SECTION 255.—Section 255 (8 U.S.C. 1285) is 

22 amended by striking ‘‘Commissioner’’ each place that term 

23 appears and inserting ‘‘Secretary’’. 

24 (gg) SECTION 256.—Section 256 (8 U.S.C. 1286) is 

25 amended— 


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1 (1) by striking ‘‘Commissioner’’ each place that 

2 term appears and inserting ‘‘Secretary’’; 

3 (2) in the first and second sentences, by strik4 ing ‘‘Attorney General’’ each places that term ap5 pears and inserting ‘‘Secretary’’. 

6 (hh) SECTION 258.—Section 258 (8 U.S.C. 1288) is 

7 amended— 

8 (1) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 

9 each place that term appears, except that this 

10 amendment shall not apply to references to the 

11 ‘‘Secretary of Labor’’, øthe Secretary of State,¿ or 

12 to subsection (e)(2); 

13 (2) in subsection (d)(2)(A), by striking ‘‘at’’ 

14 after ‘‘while’’; and 

15 (3) in subsection (e)(2), by striking ‘‘the Sec16 retary shall’’ and inserting ‘‘the Secretary of State 

17 shall’’. 

18 (ii) SECTION 264.—Section 264(f) (8 U.S.C. 1304) 

19 is amended by striking ‘‘Attorney General is’’ and insert20 ing ‘‘Attorney General and Secretary are’’. 

21 (jj) SECTION 272.—Section 272 (8 U.S.C. 1322) is 

22 amended by striking ‘‘Commissioner’’ each place that term 

23 appears and inserting ‘‘Secretary’’. 

24 (kk) SECTION 273.—Section 273 (8 U.S.C. 1323) is 

25 amended— 


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1 (1) by striking ‘‘Commissioner’’ each place that 

2 term appears and inserting ‘‘Secretary’’; and 

3 (2) by striking ‘‘Attorney General’’ each place 

4 that term appears, except in subsection (e) in the 

5 matter preceding paragraph (1), and inserting ‘‘Sec6 retary’’. 

7 (ll) SECTION 274.—Section 274(b)(2) (8 U.S.C. 

8 1324(b)(2)) is amended by striking ‘‘Secretary of the 

9 Treasury’’ and inserting ‘‘Secretary’’. 

10 (mm) SECTION 274B.—Paragraph (2) of section 

11 274B(f) (8 U.S.C. 1324b(f)(2)) is amended by striking 

12 ‘‘subsection’’ and inserting ‘‘section’’. 

13 (nn) SECTION 274C.—Section 274C(d)(2)(A) (8 

14 U.S.C. 1324c(d)(2)(A)) is amended by inserting ‘‘or the 

15 Secretary’’ after ‘‘subsection (a), the Attorney General’’. 

16 (oo) SECTION 274D.—Section 274D (8 U.S.C. 

17 1324d) is amended in subsection (a)(2) of section 274D(a) 

18 (8 U.S.C. 1324d(a)(2)) is amended by striking ‘‘Commis19 sioner’’ and inserting ‘‘Secretary’’. 

20 (pp) SECTION 286.—Section 286 (8 U.S.C. 1356) is 

21 amended— 

22 (1) in subsection (q)(1)(B), by striking ‘‘, in 

23 consultation with the Secretary of the Treasury,’’; 

24 (2) in subsection (r)(2), by striking ‘‘section 

25 245(i)(3)(b)’’ and inserting ‘‘section 245(i)(3)(B)’’; 


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1 (3) in subsection (s)(5)— 

2 (A) by striking ‘‘5 percent’’ and inserting 

3 ‘‘USE OF FEES FOR DUTIES RELATING TO PETI4 TIONS.—Five percent’’; and 

5 (4) by striking ‘‘paragraph (1) (C) or (D) of 

6 section 204’’ and inserting ‘‘subparagraph (C) or 

7 (D) of section 204(a)(1)’’; and 

8 (5) in subsection (v)(2)(A)(i), by adding ‘‘of’’ 

9 after ‘‘number’’. 

10 (qq) SECTION 294.—Section 294 (8 U.S.C. 1363a) 

11 is amended— 

12 (1) in the undesignated matter following para13 graph (4) of subsection (a), by striking ‘‘Commis14 sioner, in consultation with the Deputy Attorney 

15 General,’’ and inserting ‘‘Secretary’’; and 

16 (2) in subsection (d), by striking ‘‘Deputy At17 torney General’’ and inserting ‘‘Secretary’’. 

18 SEC. 804. TITLE III TECHNICAL AMENDMENTS. 

19 (a) SECTION 316.—Section 316 (8 U.S.C. 1427) is 

20 amended— 

21 (1) in subsection (d), by inserting ‘‘or by the 

22 Secretary’’ after ‘‘Attorney General’’; and 

23 (2) in subsection (f)(1), by striking ‘‘Intel24 ligence, the Attorney General and the Commissioner 


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1 of Immigration’’ and inserting ‘‘Intelligence and the 

2 Secretary’’. 

3 (b) SECTION 322.—Paragraph (1) of section 322(a) 

4 (8 U.S.C. 1433(a)) is amended— 

5 (1) by inserting ‘‘is’’ before ‘‘(or,’’; and 

6 (2) by striking ‘‘is’’ before ‘‘a citizen’’. 

7 (c) SECTION 342.— 

8 (1) SECTION HEADING.— 

9 (A) IN GENERAL.—Section 342 (8 U.S.C. 

10 1453) is amended by striking the section head11 ing and inserting ‘‘CANCELLATION OF CER12 TIFICATES; ACTION NOT TO AFFECT CITI13 ZENSHIP STATUS’’. 

14 (B) CLERICAL AMENDMENT.—The table of 

15 contents in the first section is amended by 

16 striking the item relating to section 342 and in17 serting the following: 

‘‘Sec. 342. Cancellation of certificates; action not to affect citizenship status.’’. 

18 (2) IN GENERAL.—Section 342 (8 U.S.C. 1453) 

19 is amended— 

20 (A) by striking ‘‘heretofore issued or made 

21 by the Commissioner or a Deputy Commis22 sioner or hereafter made by the Attorney Gen23 eral’’; and 

24 (B) by striking ‘‘practiced upon, him or 

25 the Commissioner or a Deputy Commissioner;’’. 


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1 SEC. 805. TITLE IV TECHNICAL AMENDMENTS. 

2 Clause (i) of section 412(a)(2)(C) (8 U.S.C. 

3 1522(a)(2)(C)(i)) is amended by striking ‘‘insure’’ and in4 serting ‘‘ensure’’. 

5 SEC. 806. TITLE V TECHNICAL AMENDMENTS. 

6 (a) SECTION 504.—Section 504 (8 U.S.C. 1534) is 

7 amended— 

8 (1) in subsection (a)(1)(A), by striking ‘‘a’’ be9 fore ‘‘removal proceedings’’; 

10 (2) in subsection (i), by striking ‘‘Attorney Gen11 eral’’ inserting ‘‘Government’’; and 

12 (3) in subsection (k)(2), by striking ‘‘by’’. 

13 (b) SECTION 505.—Section 505(e)(2) (8 U.S.C. 

14 1535(e)(2)) is amended by inserting ‘‘and the Secretary’’ 

15 after ‘‘Attorney General’’. 

16 SEC. 807. OTHER AMENDMENTS. 

17 (a) CORRECTION OF COMMISSIONER OF IMMIGRA18 TION AND NATURALIZATION.— 

19 (1) IN GENERAL.—The Immigration and Na20 tionality Act (8 U.S.C. 1101 et seq.) as amended by 

21 this Act, is further amended by striking ‘‘Commis22 sioner’’ and ‘‘Commissioner of Immigration and 

23 Naturalization’’ each place those terms appear and 

24 inserting ‘‘Secretary’’. 

25 (2) EXCEPTION FOR COMMISSIONER OF SOCIAL

26 SECURITY.—The amendment made by paragraph (1) 


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1 shall not apply to any reference to the ‘‘Commis2 sioner of Social Security’’. 

3 (b) CORRECTION OF IMMIGRATION AND NATU4 RALIZATION SERVICE.—The Immigration and Nationality 

5 Act (8 U.S.C. 1101 et seq.), as amended by this Act, is 

6 further amended by striking ‘‘Service’’ and ‘‘Immigration 

7 and Naturalization Service’’ each place those terms appear 

8 and inserting ‘‘Department’’. 

9 (c) CORRECTION OF DEPARTMENT OF JUSTICE.— 

10 (1) IN GENERAL.—The Immigration and Na11 tionality Act (8 U.S.C. 1101 et seq.), as amended by 

12 this Act, is further amended by striking ‘‘Depart13 ment of Justice’’ each place that term appears and 

14 inserting ‘‘Department’’. 

15 (2) EXCEPTIONS.—The amendment made by 

16 paragraph (1) shall not apply in subsections 

17 (d)(3)(A) and (r)(5)(A) of section 214 (8 U.S.C. 

18 1184), section 274B(c)(1) (8 U.S.C. 1324b(c)(1)), 

19 or title V (8 U.S.C. 1531 et seq.). 

20 (d) CORRECTION OF ATTORNEY GENERAL.—The Im21 migration and Nationality Act (8 U.S.C. 1101 et seq.) as 

22 amended by this Act, is further amended by striking ‘‘At23 torney General’’ each place that term appears and insert24 ing ‘‘Secretary’’, except for in the following: 


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1 (1) Any joint references to the ‘‘Attorney Gen2 eral and the Secretary of Homeland Security’’ or 

3 ‘‘the Secretary of Homeland Security and the Attor4 ney General’’. 

5 (2) Section 101(a)(5). 

6 (3) Subparagraphs (S), (T), and (V) of section 

7 101(a)(15). 

8 (4) Section 101(a)(47)(A). 

9 (5) Section 101(b)(4). 

10 (6) Section 103(a)(1). 

11 (7) Section 103(g). 

12 (8) Section 105(b)(1). 

13 (9) Section 105(c). 

14 (10) Section 204(c). 

15 (11) Section 208. 

16 (12) Section 212(a)(2)(C). 

17 (13) Section 212(a)(2)(H). 

18 (14) Section 212(a)(2)(I). 

19 (15) Section 212(a)(3)(A). 

20 (16) Section 212(a)(3)(B)(ii)(II). 

21 (17) Section 212(a)(3)(D). 

22 (18) Section 212(a)(4). 

23 (19) Section 212(a)(9)(B)(v). 

24 (20) Section 212(a)(9)(C)(iii). 

25 (21) Section 212(d)(11). 


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1 (22) Section 212(d)(12). 

2 (23) Section 212(g). 

3 (24) Section 212(h). 

4 (25) Section 212(i). 

5 (26) Section 212(k). 

6 (27) Section 212(s). 

7 ø(28) Section 213A(a)(1).¿ 

8 ø(29) Section 213A(f)(6)(B).¿ 

9 (30) Section 216(d)(2)(c). 

10 (31) Section 219(d)(4). 

11 (32) Section 235(b)(1)(B)(iii)(III). 

12 (33) The second sentence of section 236(e). 

13 (34) Section 237. 

14 (35) Section 238(a)(1). 

15 (36) Section 238(a)(3). 

16 (37) Section 238(a)(4)(A). 

17 (38) Section 238(b)(1). 

18 (39) Section 238(b)(5). 

19 (40) Section 238(c)(2)(D)(iv). 

20 (41) Section 239(a). 

21 (42) Section 239(b). 

22 (43) Section 240. 

23 (44) Section 240A. 

24 (45) Section 240B(a)(1). 

25 (46) Section 240B(a)(3). 


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1 (47) Section 240B(b). 

2 (48) Section 240B(c). 

3 (49) The first reference in section 

4 241(a)(4)(B)(i). 

5 (50) Section 241(b)(3) (except for the first ref6 erence in subparagraph (A), to which the amend7 ment shall apply). 

8 (51) Section 241(i) (except for paragraph 

9 (3)(B)(i), to which the amendment shall apply). 

10 (52) Section 242(a)(2)(B). 

11 (53) Section 242(b) (except for paragraph (8), 

12 to which the amendment shall apply). 

13 (54) Section 242(g). 

14 (55) Section 244(a)(3)(C). 

15 (56) Section 244(c)(2). 

16 (57) Section 244(e). 

17 (58) Section 244(g). 

18 (59) Section 245 (except for subsection 

19 (i)(1)(B)(i), subsection (i)(3)) and the first reference 

20 to the Attorney General in subsection 245(j)). 

21 (60) Section 245A(a)(1)(A). 

22 (61) Section 246(a). 

23 (62) Section 249. 

24 (63) Section 264(f). 

25 (64) Section 274(e). 


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1 (65) Section 274A. 

2 (66) Section 274B. 

3 (67) Section 274C. 

4 (68) Section 292. 

5 (69) Section 316(d). 

6 (70) Section 316(f)(1). 

7 (71) Section 342. 

8 (72) Section 412(f)(1)(A). 

9 (73) Title V (except for subsections 506(a)(1) 

10 and 507(b), (c), and (d) (first reference), to which 

11 the amendment shall apply). 

12 SEC. 808. REPEALS; CONSTRUCTION. 

13 (a) REPEALS.— 

14 (1) IMMIGRATION AND NATURALIZATION SERV15 ICE.— 

16 (A) IN GENERAL.—Section 4 of the Act of 

17 February 14, 1903 (32 Stat. 826, chapter 552; 

18 8 U.S.C. 1551) is repealed. 

19 (B) 8 U.S.C. 1551.—The language of the 

20 compilers set out in section 1551 of title 8 of 

21 the United States Code shall be removed from 

22 the compilation of such title 8. 

23 (2) COMMISSIONER OF IMMIGRATION AND NAT24 URALIZATION; OFFICE.— 


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1 (A) IN GENERAL.—Section 7 of the Act of 

2 March 3, 1891 (26 Stat. 1085, chapter 551; 8 

3 U.S.C. 1552) is repealed. 

4 (B) 8 U.S.C. 1552.—The language of the 

5 compilers set out in section 1552 of title 8 of 

6 the United States Code shall be removed from 

7 the compilation of such title 8. 

8 (3) ASSISTANT COMMISSIONERS AND DISTRICT

9 DIRECTOR; COMPENSATION AND SALARY GRADE.— 

10 Title II of the Department of Justice Appropriation 

11 Act, 1957 (70 Stat. 307, chapter 414; 8 U.S.C. 

12 1553) is amended in the matter under the heading 

13 ‘‘Immigration and Naturalization Service’’ and 

14 under the subheading ‘‘SALARIES AND EX15 PENSES’’ by striking ‘‘That the compensation of 

16 the five assistant commissioners and one district di17 rector shall be at the rate of grade GS–16: Provided 

18 further’’. 

19 (4) SPECIAL IMMIGRANT INSPECTORS AT WASH20 INGTON.—The Act of March 2, 1895 (28 Stat. 780, 

21 chapter 177; 8 U.S.C. 1554) is amended in the mat22 ter following the heading ‘‘Bureau of Immigration:’’ 

23 by striking ‘‘That hereafter special immigrant in24 spectors, not to exceed three, may be detailed for 


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461 

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1 duty in the Bureau at Washington: And provided 

2 further,’’. 

3 (b) CONSTRUCTION.—Nothing in this title shall be 

4 construed to repeal or limit the applicability of sections 

5 462 and 1512 of the Homeland Security Act of 2002 (6 

6 U.S.C. 279 and 552) with respect to any provision of law 

7 or matter not specifically addressed by the amendments 

8 made by this title. 

9 SEC. 809. MISCELLANEOUS TECHNICAL CORRECTIONS. 

10 (a) CORRECTION TO THE INTELLIGENCE REFORM

11 AND TERRORISM PREVENTION ACT OF 2004.—Section 

12 5502(b) of the Intelligence Reform and Terrorism Preven13 tion Act of 2004, Pub. L. 108–458, in amended by strik14 ing ‘‘(E) Participated in the commission of severe viola15 tions of religious freedom.’’ and inserting ‘‘(F) Partici16 pated in the commission of severe violations of religious 

17 freedom’’. 

18 (b) CONFORMING AMENDMENT TO THE CHILD SOL19 DIERS ACCOUNTABILITY ACT OF 2008.—Section 2(c) of 

20 the Child Soldier’s Accountability Act of 2008, Pub. L. 

21 110-340, in amended by striking ‘‘(F) Recruitment or use 

22 of child soldiers.’’ and inserting ‘‘(G) Recruitment or use 

23 of child soldiers.’’. 

24 (c) CENTRAL INTELLIGENCE AGENCY ACT OF

25 1949.—Section 7 of the Central Intelligence Agency Act 


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1 of 1949 (50 U.S.C. 3508) is amended by striking ‘‘Com2 missioner of Immigration’’ and inserting ‘‘Secretary of 

3 Homeland Security’’. 


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Calendar No. 208 

115TH CONGRESS 

1ST SESSION S. 1757 

A BILL 

To strengthen border security, increase resources 

other purposes. for enforcement of immigration laws, and for 

SEPTEMBER 5, 2017 

Read the second time and placed on the calendar 


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