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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1757 Placed on Calendar Senate (PCS)]

<DOC>

                                                       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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Building America's 
Trust Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

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.
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.
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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Northern border.--The term ``northern border'' means 
        the international border between the United States and Canada.
            (2) Southern border.--The term ``southern border'' means 
        the international border between the United States and Mexico.

                        TITLE I--BORDER SECURITY

SEC. 101. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' has the meaning given 
        the term in section 2(2) of the Homeland Security Act of 2002 
        (6 U.S.C. 101(2)).
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) High traffic areas.--The term ``high traffic areas'' 
        has the meaning given that term in section 102(e)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, as amended by section 102 of this Act.
            (4) Situational awareness.--The term ``situational 
        awareness'' has the meaning given that term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).

                Subtitle A--Infrastructure and Equipment

SEC. 102. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE 
              SOUTHERN BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
the detection of illegal entrants) to construct, install, deploy, 
operate, and maintain tactical infrastructure and border technology in 
the vicinity of the United States border to deter, impede, and detect 
illegal activity in high traffic areas.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing'' and inserting ``physical barriers'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by inserting 
                        ``situational awareness and'' before 
                        ``operational control''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) Tactical infrastructure.--
                            ``(i) In general.--Not later than January 
                        20, 2021, the Secretary of Homeland Security, 
                        in carrying out subsection (a), shall deploy 
                        the most practical and effective tactical 
                        infrastructure available along the United 
                        States border for achieving situational 
                        awareness and operational control.
                            ``(ii) Tactical infrastructure defined.--In 
                        this subparagraph, the term `tactical 
                        infrastructure' includes--
                                    ``(I) boat ramps, access gates, 
                                forward operating bases, checkpoints, 
                                lighting, and roads, and
                                    ``(II) physical barriers (including 
                                fencing, border wall system, and levee 
                                walls).''; and
                            (iii) in subparagraph (C), by amending 
                        clause (i) to read as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, 
                        Governors of each State on the Southern land 
                        border and Northern land border, other States, 
                        local governments, Indian tribes, 
                        representatives of U.S. Border Patrol and U.S. 
                        Customs and Border Protection, relevant 
                        Federal, State, local, and tribal agencies that 
                        have jurisdiction over the Southern land 
                        border, or in the maritime environment, and 
                        private property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life of the 
                        communities and residents located near the 
                        sites at which physical barriers and tactical 
                        infrastructure is to be constructed.'';
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security''; 
                        and
                            (ii) by striking ``construction of fences'' 
                        and inserting ``the construction of physical 
                        barriers''; and
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security may not construct reinforced 
        fencing, or tactical infrastructure, as the case may be, that 
        would, in any manner, impede or negatively affect the safety of 
        any officer or agent of the Department of Homeland Security or 
        any other Federal agency.'';
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security is authorized to waive 
        all legal requirements the Secretary of Homeland Security, in 
        the Secretary's sole discretion, determines necessary to ensure 
        the expeditious construction, installation, operation, and 
        maintenance of the tactical infrastructure and technology under 
        this section. Any such decision by the Secretary of Homeland 
        Security shall be effective upon publication in the Federal 
        Register.''; and
            (4) by striking subsection (d) and inserting the following:
    ``(d) Construction, Installation and Maintenance of Technology.--
            ``(1) In general.--Not later than January 20, 2021, the 
        Secretary of Homeland Security, in carrying out subsection (a), 
        shall deploy the most practical and effective technology 
        available along the United States border for achieving 
        situational awareness and operational control of the border.
            ``(2) Technology defined.--In this subsection, the term 
        `technology' includes border surveillance and detection 
        technology, including--
                    ``(A) radar surveillance systems;
                    ``(B) Vehicle and Dismount Exploitation Radars 
                (VADER);
                    ``(C) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology;
                    ``(D) sensors;
                    ``(E) unmanned cameras; and
                    ``(F) man-portable and mobile vehicle-mounted 
                unmanned aerial vehicles.
    ``(e) Definitions.--In this section:
            ``(1) High traffic areas.--The term `high traffic areas' 
        means sectors along the northern, southern, or coastal border 
        that--
                    ``(A) are within the responsibility of U.S. Customs 
                and Border Protection; and
                    ``(B) have significant unlawful cross-border 
                activity.
            ``(2) Situational awareness.--The term `situational 
        awareness' has the meaning given the term in section 1092(a)(7) 
        of the National Defense Authorization Act for Fiscal Year 2017 
        (Public Law 114-328).''.

SEC. 103. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Increased Flight Hours.--The Secretary of Homeland Security 
shall ensure that not fewer than 95,000 annual flight hours are carried 
out by Air and Marine Operations of U.S. Customs and Border Protection.
    (b) Unmanned Aerial System.--The Secretary of Homeland Security 
shall ensure that Air and Marine Operations operate unmanned aerial 
systems for not less than 24 hours per day for five days per week.
    (c) Contract Air Support Authorization.--The Commissioner shall 
contract for the unfulfilled identified air support mission critical 
hours, as identified by the Chief of the U.S. Border Patrol.
    (d) Primary Mission.--The Commissioner shall ensure that--
            (1) the primary mission for Air and Marine Operations is to 
        directly support U.S. Border Patrol activities along the 
        southern border; and
            (2) the Executive Associate Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        established by the Commissioner to carry out the requirements 
        under this Act.
    (e) High-demand Flight Hour Requirements.--In accordance with 
subsection (c), the Commissioner shall ensure that U.S. Border Patrol 
Sector Chiefs--
            (1) identify critical flight hour requirements; and
            (2) direct Air and Marine Operations to support requests 
        from Sector Chiefs as their primary mission.
    (f) Study and Report.--
            (1) Study.--Not later than 60 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        commence a comprehensive study on the realignment of the Air 
        and Marine Office as a directorate of U.S. Border Patrol.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit a report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives that contains 
        the results of the study under paragraph (1), including 
        recommendations and timeframes for implementing such 
        realignment described in such paragraph.

SEC. 104. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND REGIONS.

    (a) In General.--Not later than January 20, 2021, the Secretary of 
Homeland Security, in implementing section 102 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (as amended 
by section 102 of this Act), and acting through the appropriate 
component of the Department of Homeland Security, shall deploy to each 
sector or region of the southern border and the northern border, in a 
prioritized manner to achieve situational awareness and operational 
control of such borders, the following additional capabilities:
            (1) San diego sector.--For the San Diego sector, the 
        following:
                    (A) Subterranean surveillance and detection 
                technologies.
                    (B) To increase coastal maritime domain awareness, 
                the following:
                            (i) Deployable, lighter-than-air surface 
                        surveillance equipment.
                            (ii) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (iii) Maritime patrol aircraft.
                            (iv) Coastal radar surveillance systems.
                            (v) Maritime signals intelligence 
                        capabilities.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) A rapid reaction capability supported by 
                aviation assets.
                    (F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
            (2) El centro sector.--For the El Centro sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Man-portable unmanned aerial vehicles.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
            (3) Yuma sector.--For the Yuma sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (C) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
            (4) Tucson sector.--For the Tucson sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Man-portable unmanned aerial vehicles.
                    (C) Tower-based surveillance technology.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (G) A rapid reaction capability supported by 
                aviation assets.
            (5) El paso sector.--For the El Paso sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Ultralight aircraft detection capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (E) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable surveillance capabilities.
            (6) Big bend sector.--For the Big Bend sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Improved agent communications capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
            (7) Del rio sector.--For the Del Rio sector, the following:
                    (A) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (B) Improved agent communications capabilities.
                    (C) Improved maritime capabilities in the Amistad 
                National Recreation Area.
                    (D) Advanced unattended surveillance sensors.
                    (E) A rapid reaction capability supported by 
                aviation assets.
                    (F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (G) Man-portable unmanned aerial vehicles.
            (8) Laredo sector.--For the Laredo sector, the following:
                    (A) Maritime detection resources for the Falcon 
                Lake region.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (C) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (D) Ultralight aircraft detection capability.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
            (9) Rio grande valley sector.--For the Rio Grande Valley 
        sector, the following:
                    (A) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (C) Ultralight aircraft detection capability.
                    (D) Advanced unattended surveillance sensors.
                    (E) Increased monitoring for cross-river dams, 
                culverts, footpaths.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
            (10) Eastern pacific maritime region.--For the Eastern 
        Pacific Maritime region, the following:
                    (A) Not later than two years after the date of the 
                enactment of this Act, an increase of not less than ten 
                percent in the number of overall cutter, boat, and 
                aircraft hours spent conducting interdiction operations 
                over the average number of such hours during the 
                preceding three fiscal years.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) To increase maritime domain awareness, the 
                following:
                            (i) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (ii) Increased maritime aviation patrol 
                        hours.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Deployable Specialized Forces 
                of the Coast Guard.
            (11) Caribbean and gulf maritime region.--For the Caribbean 
        and Gulf Maritime region, the following:
                    (A) Not later than two years after the date of the 
                enactment of this Act, an increase of not less than ten 
                percent in the number of overall cutter, boat, and 
                aircraft hours spent conducting interdiction operations 
                over the average number of such hours during the 
                preceding three fiscal years.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) Increased maritime domain awareness and 
                surveillance capabilities, including the following:
                            (i) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (ii) Increased maritime aviation patrol 
                        hours.
                            (iii) Coastal radar surveillance systems 
                        with long range day and night cameras capable 
                        of providing 100 percent maritime domain 
                        awareness of the United States territorial 
                        waters surrounding Puerto Rico, Mona Island, 
                        Desecheo Island, Vieques Island, Culebra 
                        Island, Saint Thomas, Saint John, and Saint 
                        Croix.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Deployable Specialized Forces 
                of the Coast Guard.
            (12) Blaine sector.--For the Blaine sector, the following:
                    (A) Coastal radar surveillance systems.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Improved agent communications systems.
                    (E) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (F) Man-portable unmanned aerial vehicles.
                    (G) Ultralight aircraft detection capabilities.
                    (H) Modernized port of entry surveillance 
                capabilities.
                    (I) Increased maritime interdiction capabilities.
            (13) Spokane sector.--For the Spokane sector, the 
        following:
                    (A) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (B) Advanced unattended surveillance sensors.
                    (C) Improved agent communications systems.
                    (D) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Completion of six miles of the Bog Creek road.
                    (G) Ultralight aircraft detection capabilities.
                    (H) Modernized port of entry surveillance 
                capabilities.
                    (I) Increased maritime interdiction capabilities.
            (14) Havre sector.--For the Havre sector, the following:
                    (A) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (B) Advanced unattended surveillance sensors.
                    (C) Improved agent communications systems.
                    (D) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Modernized port of entry surveillance 
                capabilities.
            (15) Grand forks sector.--For the Grand Forks sector, the 
        following:
                    (A) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (B) Advanced unattended surveillance sensors.
                    (C) Improved agent communications systems.
                    (D) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Modernized port of entry surveillance 
                capabilities.
            (16) Detroit sector.--For the Detroit sector, the 
        following:
                    (A) Coastal radar surveillance systems.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Improved agent communications systems.
                    (E) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (F) Man-portable unmanned aerial vehicles.
                    (G) Ultralight aircraft detection capabilities.
                    (H) Modernized port of entry surveillance 
                capabilities.
                    (I) Increased maritime interdiction capabilities.
            (17) Buffalo sector.--For the Buffalo sector, the 
        following:
                    (A) Coastal radar surveillance systems.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Improved agent communications systems.
                    (E) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (F) Man-portable unmanned aerial vehicles.
                    (G) Ultralight aircraft detection capabilities.
                    (H) Modernized port of entry surveillance 
                capabilities.
                    (I) Increased maritime interdiction capabilities.
            (18) Swanton sector.--For the Swanton sector, the 
        following:
                    (A) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (B) Advanced unattended surveillance sensors.
                    (C) Improved agent communications systems.
                    (D) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Modernized port of entry surveillance 
                capabilities.
            (19) Houlton sector.--For the Houlton sector, the 
        following:
                    (A) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (B) Advanced unattended surveillance sensors.
                    (C) Improved agent communications systems.
                    (D) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Modernized port of entry surveillance 
                capabilities.
    (b) Reimbursement Related to the Lower Rio Grande Valley Flood 
Control Project.--The International Boundary and Water Commission is 
authorized to reimburse State and local governments for any expenses 
incurred before, on, or after the date of the enactment of this Act by 
such governments in designing, constructing, and rehabilitating the 
Lower Rio Grande Valley Flood Control Project of the Commission.
    (c) Tactical Flexibility.--
            (1) Southern and northern land borders.--The Secretary of 
        Homeland Security may alter the capability deployment referred 
        to in this section if the Secretary determines, after notifying 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate and the Committee on Homeland Security of the House 
        of Representatives, that such alteration is required to enhance 
        situational awareness or operational control.
            (2) Maritime border.--
                    (A) Notification.--The Commandant of the Coast 
                Guard shall notify the Committee on Homeland Security 
                and Governmental Affairs of the Senate, the Committee 
                on Commerce, Science, and Transportation of the Senate, 
                the Committee on Homeland Security of the House of 
                Representatives, and the Committee on Transportation 
                and Infrastructure of the House of Representatives 
                regarding the capability deployments referred to in 
                this section, including information relating to--
                            (i) the number and types of assets and 
                        personnel deployed; and
                            (ii) the impact such deployments have on 
                        the capability of the Coast Guard to conduct 
                        its mission in each of the sectors referred to 
                        in paragraphs (10) and (11) of subsection (a).
                    (B) Alteration.--The Commandant of the Coast Guard 
                may alter the capability deployments referred to in 
                this section if the Commandant--
                            (i) determines, after consultation with the 
                        appropriate committees referred to in 
                        subparagraph (A), that such alteration is 
                        necessary; and
                            (ii) not later than 30 days after making a 
                        determination under clause (i), notifies the 
                        committees referred to in such subparagraph 
                        regarding such alteration, including 
                        information relating to--
                                    (I) the number and types of assets 
                                and personnel deployed pursuant to such 
                                alteration; and
                                    (II) the impact such alteration has 
                                on the capability of the Coast Guard to 
                                conduct its mission in each of the 
                                sectors referred to in subsection (a).

SEC. 105. U.S. BORDER PATROL PHYSICAL INFRASTRUCTURE IMPROVEMENTS.

    The Secretary of Homeland Security shall upgrade existing physical 
infrastructure of the Department of Homeland Security, and construct 
and acquire additional physical infrastructure, including--
            (1) U.S. Border Patrol stations;
            (2) U.S. Border Patrol checkpoints;
            (3) mobile command centers; and
            (4) other necessary facilities, structures, and properties.

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

    The Chief of the U.S. Border Patrol shall direct agents of the U.S. 
Border Patrol to patrol as close to the physical land border as 
possible, consistent with the accessibility to such areas.

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

    (a) Upgrades and Maintenance for Forward Operating Bases.--Not 
later than January 20, 2021, the Secretary of Homeland Security shall 
upgrade existing forward operating bases of U.S. Border Patrol on or 
near the southern border to ensure that such bases meet the minimum 
requirements set forth in subsection (b).
    (b) Minimum Requirements.--Each forward operating base operated by 
U.S. Customs and Border Protection shall be equipped with--
            (1) perimeter security;
            (2) short-term detention space (separate from existing 
        housing facilities);
            (3) portable generators or shore power sufficient to meet 
        the power requirements for the base;
            (4) interview rooms;
            (5) adequate communications, including wide area network 
        connectivity;
            (6) cellular service;
            (7) potable water; and
            (8) a helicopter landing zone.

SEC. 108. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following new section:

``SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    ``(a) Major Acquisition Program Defined.--In this section, the term 
`major acquisition program' means an acquisition program of the 
Department that is estimated by the Secretary to require an eventual 
total expenditure of at least $300,000,000 (based on fiscal year 2017 
constant dollars) over its life cycle cost.
    ``(b) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is meeting cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for meeting program implementation 
        objectives by managing contractor performance.
    ``(c) Adherence to Standards.--The Secretary, acting through the 
Under Secretary for Management and the Commissioner of U.S. Customs and 
Border Protection, shall ensure border security technology acquisition 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The Commissioner shall 
provide information, as needed, to assist the Under Secretary in 
monitoring management of border security technology acquisition 
programs under this section.
    ``(d) Plan.--The Secretary, acting through the Under Secretary for 
Management, in coordination with the Under Secretary for Science and 
Technology and the Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees a plan for 
testing and evaluation, as well as the use of independent verification 
and validation resources, for border security technology so that new 
border security technologies are evaluated through a series of 
assessments, processes, and audits to ensure compliance with relevant 
departmental acquisition policies and the Federal Acquisition 
Regulation, as well as the effectiveness of taxpayer dollars.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 433 the following new item:

``Sec. 434. Border security technology program management.''.
    (c) Prohibition on Additional Authorization of Appropriations.--No 
additional funds are authorized to be appropriated to carry out section 
434 of the Homeland Security Act of 2002, as added by subsection (a). 
Such section shall be carried out using amounts otherwise authorized 
for such purposes.

SEC. 109. AUTHORITY TO ACQUIRE LEASEHOLDS.

    Notwithstanding any other provision of law, if the Secretary of 
Homeland Security determines that the acquisition of a leasehold 
interest in real property and the construction or modification of any 
facility on the leased property are necessary to facilitate the 
implementation of this Act, the Secretary may--
            (1) acquire a leasehold interest;
            (2) construct or modify such facility;
            (3) accept real or personal property donations of any value 
        through U.S. Customs and Border Protection's Donations 
        Acceptance Program under the Cross-Border Trade Enhancement Act 
        of 2016 (Public Law 114-279) or through other public-public or 
        public-private partnership arrangements at any location at 
        which U.S. Customs and Border Protection operates; and
            (4) designate any leasing action as exempt from Federal 
        lease scoring rules.

SEC. 110. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER AND 
              REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE NATIONAL 
              GUARD AT THE SOUTHERN BORDER.

    (a) In General.--With the approval of the Secretary of Defense, the 
Secretary of Homeland Security, or the Governor of a State may order 
any units or personnel of the National Guard of such State to perform 
operations and missions under section 502(f) of title 32, United States 
Code, along the southern border for the purposes of assisting U.S. 
Customs and Border Protection to secure the southern border.
    (b) Assignment of Operations and Missions.--
            (1) In general.--National Guard units and personnel 
        deployed under subsection (a) may be assigned such operations 
        and missions specified in subsection (c) as may be necessary to 
        secure the southern border.
            (2) Nature of duty.--The duty of National Guard personnel 
        performing operations and missions described in paragraph (1) 
        shall be full-time duty under title 32, United States Code.
    (c) Range of Operations and Missions.--The operations and missions 
assigned under subsection (b) shall include the temporary authority 
to--
            (1) construct reinforced fencing or other barriers;
            (2) conduct ground-based surveillance systems;
            (3) operate unmanned and manned aircraft;
            (4) provide radio communications interoperability between 
        U.S. Customs and Border Protection and State, local, and tribal 
        law enforcement agencies; and
            (5) construct checkpoints along the southern border to 
        bridge the gap to long-term permanent checkpoints.
    (d) Materiel and Logistical Support.--The Secretary of Defense 
shall deploy such materiel and equipment, and logistical support as may 
be necessary to ensure success of the operations and missions conducted 
by the National Guard under this section.
    (e) Exclusion From National Guard Personnel Strength Limitations.--
National Guard personnel deployed under subsection (a) shall not be 
included in--
            (1) the calculation to determine compliance with limits on 
        end strength for National Guard personnel; or
            (2) limits on the number of National Guard personnel that 
        may be placed on active duty for operational support under 
        section 115 of title 10, United States Code.
    (f) Reimbursement Required.--
            (1) In general.--The Secretary of Defense shall reimburse 
        States for the cost of the deployment of any units or personnel 
        of the National Guard to perform operations and missions in 
        full-time State Active Duty in support of a southern border 
        mission. The Secretary of Defense may not seek reimbursement 
        from the Secretary of Homeland Security for any reimbursements 
        to States for the costs of such deployments.
            (2) Limitation.--The total amount of reimbursements under 
        this section may not exceed $35,000,000 for any fiscal year.

SEC. 111. OPERATION PHALANX.

    (a) In General.--The Secretary of Defense, with the concurrence of 
the Secretary of Homeland Security, shall provide assistance to U.S. 
Customs and Border Protection for purposes of increasing ongoing 
efforts to secure the southern border.
    (b) Types of Assistance Authorized.--The assistance provided under 
subsection (a) may include--
            (1) deployment of manned aircraft, unmanned aerial 
        surveillance systems, and ground-based surveillance systems to 
        support continuous surveillance of the southern border; and
            (2) intelligence analysis support.
    (c) Materiel and Logistical Support.--The Secretary of Defense may 
deploy such materiel, equipment, and logistics support as may be 
necessary to ensure the effectiveness of the assistance provided under 
subsection (a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for the Department of Defense $75,000,000 to provide 
assistance under this section. The Secretary of Defense may not seek 
reimbursement from the Secretary of Homeland Security for any 
assistance provided under this section.
    (e) Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of Defense shall submit a report to the appropriate 
        congressional defense committees (as defined in section 
        101(a)(16) of title 10, United States Code) regarding any 
        assistance provided under subsection (a) during the period 
        specified in paragraph (3).
            (2) Elements.--Each report under paragraph (1) shall 
        include, for the period specified in paragraph (3), a 
        description of--
                    (A) the assistance provided;
                    (B) the sources and amounts of funds used to 
                provide such assistance; and
                    (C) the amounts obligated to provide such 
                assistance.
            (3) Period specified.--The period specified in this 
        paragraph is--
                    (A) in the case of the first report required under 
                paragraph (1), the 90-day period beginning on the date 
                of the enactment of this Act; and
                    (B) in the case of any subsequent report submitted 
                under paragraph (1), the calendar year for which the 
                report is submitted.

SEC. 112. MERIDA INITIATIVE.

    (a) Sense of Congress.--It is the sense of Congress that assistance 
to Mexico, including assistance from the Department of State and the 
Department of Defense and any aid related to the Merida Initiative, 
should--
            (1) focus on providing enhanced border security and 
        judicial reform and support for Mexico's drug crop eradication 
        efforts; and
            (2) return to its original focus and prioritize security, 
        training, and acquisition of equipment for Mexican security 
        forces involved in drug crop eradication efforts.
    (b) Assistance for Mexico.--The Secretary of State, in coordination 
with the Secretary of Homeland Security, and the Secretary of Defense 
shall provide assistance to Mexico to--
            (1) combat drug trafficking and related violence, organized 
        crime, and corruption;
            (2) build a modern border security system capable of 
        preventing illegal migration;
            (3) support border security and cooperation with United 
        States law enforcement agencies on border incursions;
            (4) support judicial reform, institution building, and rule 
        of law activities; and
            (5) provide for training and equipment for Mexican security 
        forces involved in drug crop eradication efforts.
    (c) Allocation of Funds; Report.--
            (1) In general.--Notwithstanding any other provision of 
        law, 50 percent of any assistance appropriated in any 
        appropriations Act to implement this section shall be withheld 
        until after the Secretary of State submits a written report to 
        the congressional committees specified in paragraph (3) 
        certifying that the Government of Mexico is--
                    (A) significantly reducing illegal migration, drug 
                trafficking, and cross-border criminal activities; and
                    (B) improving the transparency and accountability 
                of Mexican Federal police forces and working with 
                Mexican State and municipal authorities to improve the 
                transparency and accountability of Mexican State and 
                municipal police forces.
            (2) Matters to include.--The report required under 
        paragraph (1) shall include a description of--
                    (A) actions taken by the Government of Mexico to 
                address the matters described in such paragraph; and
                    (B) any instances in which the Secretary of State 
                determines that the actions taken by the Government of 
                Mexico are inadequate to address such matters.
            (3) Congressional committees specified.--The congressional 
        committees specified in this paragraph are--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on Homeland Security of the House 
                of Representatives; and
                    (F) the Committee on the Judiciary of the House of 
                Representatives.
    (d) Notifications.--Any assistance made available by the Secretary 
of State under this section shall be subject to--
            (1) the notification procedures set forth in section 634A 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1); and
            (2) the notification requirements of--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) the Committee on the Judiciary of the House of 
                Representatives.
    (e) Spending Plan.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of this Act, the Secretary of State shall submit, 
        to the congressional committees specified in paragraph (2), a 
        detailed spending plan for assistance to Mexico under this 
        section, which shall include a strategy, developed after 
        consulting with relevant authorities of the Government of 
        Mexico for--
                    (A) combating drug trafficking and related violence 
                and organized crime; and
                    (B) anti-corruption and rule of law activities, 
                which shall include concrete goals, actions to be 
                taken, budget proposals, and a description of 
                anticipated results.
            (2) Congressional committees specified.--The congressional 
        committees specified in this paragraph are--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Appropriations of the House of 
                Representatives;
                    (F) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (G) the Committee on Homeland Security of the House 
                of Representatives; and
                    (H) the Committee on the Judiciary of the House of 
                Representatives.

SEC. 113. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON 
              CERTAIN FEDERAL LAND.

    (a) Prohibition on Interference With U.S. Customs and Border 
Protection.--
            (1) In general.--The Secretary concerned shall not impede, 
        prohibit, or restrict activities of U.S. Customs and Border 
        Protection on covered Federal land to execute search and rescue 
        operations or to prevent all unlawful entries into the United 
        States, including entries by terrorists, other unlawful aliens, 
        instruments of terrorism, narcotics, and other contraband 
        through the southern border or the northern border.
            (2) Applicability.--The authority of U.S. Customs and 
        Border Protection to conduct activities described in paragraph 
        (1) on covered Federal land applies without regard to whether a 
        state of emergency exists.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
            (1) In general.--U.S. Customs and Border Protection shall 
        have immediate access to covered Federal land to conduct the 
        activities described in paragraph (2) on such land to prevent 
        all unlawful entries into the United States, including entries 
        by terrorists, other unlawful aliens, instruments of terrorism, 
        narcotics, and other contraband through the southern border or 
        the northern border.
            (2) Activities described.--The activities described in this 
        paragraph are--
                    (A) the use of vehicles to patrol the border area, 
                apprehend illegal entrants, and rescue individuals; and
                    (B) the construction, installation, operation and 
                maintenance of tactical infrastructure and border 
                technology as set forth in section 102 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (as amended by section 102 of this Act).
    (c) Exemption From Certain Laws.--
            (1) In general.--The activities of U.S. Customs and Border 
        Protection described in subsection (b)(2) may be carried out 
        without regard to the provisions of law specified in paragraph 
        (2).
            (2) Provisions of law specified.--The provisions of law 
        specified in this paragraph are all Federal, State, and other 
        laws, regulations, and legal requirements of, deriving from, or 
        related to the subject of, the following laws:
                    (A) The National Environmental Policy Act (42 
                U.S.C. 4321 et seq.).
                    (B) The Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
                    (C) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act'').
                    (D) Division A of subtitle III of title 54, United 
                States Code (54 U.S.C. 300301 et seq.) (formerly known 
                as the ``National Historic Preservation Act'').
                    (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.).
                    (F) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (G) The Archeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).
                    (H) The Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.).
                    (I) The Noise Control Act of 1972 (42 U.S.C. 4901 
                et seq.).
                    (J) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).
                    (K) The Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (L) Chapter 3125 of title 54, United States Code 
                (formerly known as the ``Archaeological and Historic 
                Preservation Act'').
                    (M) The Antiquities Act (16 U.S.C. 431 et seq.).
                    (N) Chapter 3203 of title 54, United States Code 
                (formerly known as the ``Historic Sites, Buildings, and 
                Antiquities Act'').
                    (O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 
                et seq.).
                    (P) The Farmland Protection Policy Act (7 U.S.C. 
                4201 et seq.).
                    (Q) The Coastal Zone Management Act of 1972 (16 
                U.S.C. 1451 et seq.).
                    (R) The Wilderness Act (Pub. L. 88-577, 16 U.S.C. 
                1131 et seq.).
                    (S) The Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.).
                    (T) The National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.).
                    (U) The Fish and Wildlife Act of 1956 (16 U.S.C. 
                742a, et seq.).
                    (V) The Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.).
                    (W) Subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'').
                    (X) The Otay Mountain Wilderness Act of 1999 (Pub. 
                L. 106-145).
                    (Y) Sections 102(29) and 103 of the California 
                Desert Protection Act of 1994 (Pub. L. 103-433).
                    (Z) Division A of subtitle I of title 54, United 
                States Code (formerly known as the ``National Park 
                Service Organic Act'').
                    (AA) The National Park Service General Authorities 
                Act (16 U.S.C. 1a-1 et seq.).
                    (BB) Sections 401(7), 403, and 404 of the National 
                Parks and Recreation Act of 1978 (Pub. L. 95-625).
                    (CC) Subsections (a) through (f) of section 301 of 
                the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 
                1132 note).
                    (DD) The Act of March 3, 1899 (33 U.S.C. 401 et 
                seq.) (commonly known as the ``Rivers and Harbors 
                Appropriation Act of 1899'').
                    (EE) The Act of June 8, 1940 (16 U.S.C. 668 et 
                seq.) (commonly known as the ``Bald and Golden Eagle 
                Protection Act'').
                    (FF) The Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.).
                    (GG) Public Law 95-341 (42 U.S.C. 1996)(commonly 
                known as the ``American Indian Religious Freedom 
                Act'').
                    (HH) The Religious Freedom Restoration Act of 1993 
                (42 U.S.C. 2000bb et seq.).
                    (II) The National Forest Management Act of 1976 (16 
                U.S.C. 472a et seq.).
                    (JJ) The Multiple-Use Sustained-Yield Act of 1960 
                (16 U.S.C. 528 et seq.).
            (3) Applicability of waiver to successor laws.--If a 
        provision of law specified in paragraph (2) was repealed and 
        incorporated into title 54, United States Code, after April 1, 
        2008, and before the date of the enactment of this Act, the 
        waiver described in paragraph (1) shall apply to the provision 
        of such title that corresponds to the provision of law 
        specified in paragraph (2) to the same extent as the waiver 
        applied to that provision of law.
    (d) Protection of Legal Uses.--This section may not be construed to 
provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or recreation or the use of back country 
        airstrips, on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (e) Effect on State and Private Land.--This section shall--
            (1) have no force or effect on State lands or private 
        lands; and
            (2) not provide authority on or access to State lands or 
        private lands.
    (f) Tribal Sovereignty.--Nothing in this section may be construed 
to supersede, replace, negate, or diminish treaties or other agreements 
between the United States and Indian tribes.
    (g) Definitions.--In this section:
            (1) Covered federal land.--The term ``covered Federal 
        land'' includes all land under the control of the Secretary 
        concerned that is located within 100 miles of the southern 
        border or the northern border.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Department of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Department of the Interior, the Secretary of the 
                Interior.

SEC. 114. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

    (a) Establishment of National Border Security Advisory Committee.--
The Secretary of Homeland Security shall establish a National Border 
Security Advisory Committee, which--
            (1) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to border 
        security matters, including--
                    (A) verifying security claims and the border 
                security metrics established by the Department of 
                Homeland Security under section 1092 of the National 
                Defense Authorization Act for Fiscal Year 2017 (Public 
                Law 114-328; 6 U.S.C. 223); and
                    (B) discussing ways to improve the security of high 
                traffic areas along the northern border and the 
                southern border; and
            (2) may provide, through the Secretary, recommendations to 
        Congress.
    (b) Consideration of Views.--The Secretary of Homeland Security 
shall consider the information, advice, and recommendations of the 
National Border Security Advisory Committee in formulating policy 
regarding matters affecting border security.
    (c) Membership.--The National Border Security Advisory Committee 
shall consist of at least one member per State who--
            (1) has at least 5 years practical experience in border 
        security operations; or
            (2) lives and works in the United States within 80 miles 
        from the southern border or the northern border.
    (d) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
National Border Security Advisory Committee.

SEC. 115. LIMITATION ON LAND OWNER'S LIABILITY.

    Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) 
is amended by adding at the end the following:
    ``(i) Indemnity for Actions of Law Enforcement Officers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, and subject to appropriations, any owner of land located 
        in the United States within 100 miles of the southern border of 
        the United States may seek reimbursement from the Department of 
        Homeland Security and the Secretary of Homeland Security shall 
        pay for any adverse final tort judgment for negligence 
        (excluding attorneys' fees and costs) authorized under Federal 
        or State tort law, arising directly from any border patrol 
        action, such as apprehensions, tracking, and detention of 
        aliens, that is conducted on privately-owned land if--
                    ``(A) such land owner has been found negligent by a 
                Federal or State court in any tort litigation;
                    ``(B) such land owner has not already been 
                reimbursed for the final tort judgment, including 
                outstanding attorneys' fees and costs;
                    ``(C) such land owner did not have or does not have 
                sufficient property insurance to cover the judgment and 
                has had an insurance claim for such coverage denied; 
                and
                    ``(D) such tort action was brought against such 
                land owner as a direct result of activity of law 
                enforcement officers of the Department of Homeland 
                Security, acting in their official capacity, on the 
                owner's land.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `land' includes roads, water, 
                watercourses, and private ways, and buildings, 
                structures, machinery, and equipment that is attached 
                to real property; and
                    ``(B) the term `owner' includes the possessor of a 
                fee interest, a tenant, a lessee, an occupant, the 
                possessor of any other interest in land, and any person 
                having a right to grant permission to use the land.
            ``(3) Exceptions.--Nothing in this subsection may be 
        construed to require the Secretary of Homeland Security to 
        reimburse, under subparagraph (i)(1), a land owner for any 
        adverse final tort judgment for negligence or to limit land 
        owner liability which would otherwise exist for--
                    ``(A) willful or malicious failure to guard or warn 
                against a known dangerous condition, use, structure, or 
                activity likely to cause harm;
                    ``(B) maintaining an attractive nuisance;
                    ``(C) gross negligence; or
                    ``(D) direct interference with, or hindrance of, 
                any agent or officer of the Federal Government who is 
                authorized to enforce the immigration laws of the 
                United States during--
                            ``(i) a patrol of such landowner's land; or
                            ``(ii) any action taken to apprehend or 
                        detain any alien attempting to enter the United 
                        States illegally or to evade execution of an 
                        arrest warrant for a violation of any 
                        immigration law.
            ``(4) Savings provision.--Nothing in this subsection may be 
        construed to affect any right or remedy available pursuant to 
        chapter 171 of title 28, United States Code (commonly known as 
        the `Federal Tort Claims Act').''.

SEC. 116. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    Not later than January 20, 2021, the Secretary of Homeland 
Security, after coordinating with the heads of the relevant Federal, 
State, and local agencies, shall begin eradicating the carrizo cane 
plant and any salt cedar along the Rio Grande River.

SEC. 117. PREVENTION, DETECTION, CONTROL, AND ERADICATION OF DISEASES 
              AND PESTS.

    (a) Definitions.--
            (1) Animal.--The term ``animal'' means any member of the 
        animal kingdom (except a human).
            (2) Article.--The term ``article'' means any pest or 
        disease or any material or tangible object that could harbor a 
        pest or disease.
            (3) Disease.--The term ``disease'' has the meaning given 
        the term by the Secretary of Agriculture.
            (4) Livestock.--The term ``livestock'' means all farm-
        raised animals.
            (5) Means of conveyance.--The term ``means of conveyance'' 
        means any personal property used for or intended for use for, 
        the movement of any other personal property.
            (6) Pest.--The term ``pest'' means any of the following 
        that can directly or indirectly injure, cause damage to, or 
        cause disease in human livestock, a plant, or a plant part:
                    (A) A protozoan.
                    (B) A plant or plant part.
                    (C) A nonhuman animal.
                    (D) A bacterium.
                    (E) A fungus.
                    (F) A virus or viroid.
                    (G) An infectious agent or other pathogen.
                    (H) An arthropod.
                    (I) A parasite or parasitic plant.
                    (J) A prion.
                    (K) A vector.
                    (L) Any organism similar to or allied with any of 
                the organisms described in this paragraph.
            (7) Plant.--The term ``plant'' means any plant (including 
        any plant part) for or capable of propagation, including a 
        tree, a tissue culture, a plantlet culture, pollen, a shrub, a 
        vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a 
        seed.
            (8) State.--The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, the Commonwealth of the Northern Mariana Islands, 
        the Virgin Islands of the United States, and any territory or 
        possession of the United States.
    (b) Detection, Control, and Eradication of the Spread of Diseases 
and Pests.--
            (1) In general.--The Secretary of Agriculture may carry out 
        operations and measures to prevent, detect, control, or 
        eradicate the spread of any pest or disease of livestock or 
        plant that threatens any segment of agriculture.
            (2) Compensation.--
                    (A) In general.--The Secretary of Agriculture may 
                pay a claim arising out of--
                            (i) the destruction of any animal, plant, 
                        plant part, article, or means of conveyance 
                        consistent with the purposes of this section; 
                        and
                            (ii) implementing measures to prevent, 
                        detect, control, or eradicate the spread of any 
                        pest disease of livestock or plant that 
                        threatens any segment of agriculture.
                    (B) Specific cooperative programs.--The Secretary 
                of Agriculture shall compensate industry participants 
                and State agencies that cooperate with the Secretary of 
                Agriculture in carrying out operations and measures 
                under this subsection for up to 100 percent of eligible 
                costs relating to--
                            (i) cooperative programs involving Federal, 
                        State, or industry participants to control 
                        diseases of low or high pathogenicity and pests 
                        in accordance with regulations issued by the 
                        Secretary of Agriculture; and
                            (ii) the construction and operation of 
                        research laboratories, quarantine stations, and 
                        other buildings and facilities for special 
                        purposes.
                    (C) Reviewability.--The action of any officer, 
                employee, or agent of the Secretary of Agriculture in 
                carrying out paragraph (1) shall not be subject to 
                review by any officer or employee of the Federal 
                Government other than the Secretary of Agriculture or a 
                designee of the Secretary.
    (c) Cooperation.--
            (1) In general.--To carry out this section, the Secretary 
        of Agriculture may cooperate with other Federal agencies, 
        States, State agencies, political subdivisions of States, 
        national and local governments of foreign countries, domestic 
        and international organizations and associations, domestic 
        nonprofit corporations, Indian tribes, and other persons.
            (2) Responsibility.--The person or other entity cooperating 
        with the Secretary of Agriculture shall be responsible for the 
        authority necessary to carry out operations or measures--
                    (A) on all land and property within a foreign 
                country or State, or under the jurisdiction of an 
                Indian tribe, other than on land and property owned or 
                controlled by the United States; and
                    (B) using other facilities and means, as determined 
                by the Secretary of Agriculture.
    (d) Funding.--For fiscal year 2018, and for each succeeding fiscal 
year, the Secretary of Agriculture shall use such funds from the 
Commodity Credit Cooperation as may be necessary to carry out 
operations and measures to prevent, detect, control, or eradicate the 
spread of any pest or disease of livestock or plant that threatens any 
segment of agriculture.
    (e) Reimbursement.--The Secretary of Agriculture shall reimburse 
any Federal agency, State, State agency, political subdivision of a 
State, national or local government of a foreign country, domestic or 
international organization or association, domestic nonprofit 
corporation, Indian tribe, or other person for specified costs, as 
prescribed by the Secretary of Agriculture, in the discretion of the 
Secretary, that result from cooperation with the Secretary of 
Agriculture in carrying out operations and measures under this section.

SEC. 118. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

    (a) Applicability of Certain Government Contracting Rules.--
            (1) In general.--Notwithstanding any other provision of 
        law, in implementing this title--
                    (A) the requirement under section 3301 of title 41, 
                United States Code, to obtain a full and open 
                competition through the use of competitive procedures 
                shall not apply; and
                    (B) any executive agency entering into the contract 
                may use noncompetitive procedures in accordance with 
                section 3304 of such title.
            (2) Limitations on protests.--The determination of an 
        executive agency under section 3304 of title 41, United States 
        Code, to use noncompetitive procedures shall not be subject to 
        challenge by protest to--
                    (A) the Comptroller General of the United States 
                under subchapter V of chapter 35 of title 31, United 
                States Code; or
                    (B) the Court of Federal Claims under section 1491 
                of title 28, United States Code.
    (b) Applicability of Certain Government Hiring Rules.--
            (1) In general.--Notwithstanding any other provision of 
        law, in implementing this title, the Secretary of Homeland 
        Security and the Attorney General may appoint employees on a 
        term, temporary limited, or part-time basis without regard to--
                    (A) the number of such employees;
                    (B) the ratio between the number of such employees 
                and the number of permanent full-time employees; and
                    (C) the duration of such employees' employment.
            (2) Rule of construction.--Nothing in chapter 71 of title 
        5, United States Code, shall affect the authority of the 
        Department of Homeland Security or the Department of Justice to 
        hire employees under this title on a temporary limited or part-
        time basis.
    (c) Reports.--The head of an executive agency entering into a 
contract or hiring employees pursuant to authority provided under 
subsection (a) or (b) shall--
            (1) immediately submit to the appropriate congressional 
        committees written notification of the use of such authority; 
        and
            (2) submit to those committees a quarterly report 
        estimating amounts to be expended pursuant to such authority.
    (d) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given the term in section 133 of 
title 41, United States Code.

SEC. 119. TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
              PREVENTION AND DETECTION.

    (a) Unlawfully Hindering Immigration, Border, and Customs 
Controls.--
            (1) Enhanced penalties.--Chapter 9 of title II of the 
        Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is 
        amended by adding at the end the following:

``SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    ``(a) Illicit Spotting.--Any person who knowingly transmits, by any 
means, to another person the location, movement, or activities of any 
Federal, State, local, or tribal law enforcement agency with the intent 
to further a Federal crime relating to United States immigration, 
customs, controlled substances, agriculture, monetary instruments, or 
other border controls shall be fined under title 18, imprisoned not 
more than 10 years, or both.
    ``(b) Destruction of United States Border Controls.--Any person who 
knowingly and without lawful authorization destroys, alters, or damages 
any fence, barrier, sensor, camera, or other physical or electronic 
device deployed by the Federal Government to control the border or a 
port of entry or otherwise seeks to construct, excavate, or make any 
structure intended to defeat, circumvent, or evade any such fence, 
barrier, sensor camera, or other physical or electronic device deployed 
by the Federal Government to control the border or a port of entry--
            ``(1) shall be fined under title 18, imprisoned not more 
        than 10 years, or both; and
            ``(2) if, at the time of the offense, the person uses or 
        carries a firearm or who, in furtherance of any such crime, 
        possesses a firearm, shall be fined under title 18, imprisoned 
        not more than 20 years, or both.
    ``(c) Conspiracy and Attempt.--Any person who attempts or conspires 
to violate subsection (a) or (b) shall be punished in the same manner 
as a person who completes a violation of such subsection.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 294 the following:

``Sec. 295. Unlawfully hindering immigration, border, and customs 
                            controls.''.
    (b) Carrying or Using a Firearm During and in Relation to an Alien 
Smuggling Crime.--Section 924(c) of title 18, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence'' each 
                place that term appears; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence'';
            (2) by striking paragraphs (2) through (4);
            (3) by redesignating paragraph (5) as paragraph (2); and
            (4) by adding at the end the following:
    ``(3) For purposes of this subsection--
            ``(A) the term `alien smuggling crime' means any felony 
        punishable under section 274(a), 277, or 278 of the Immigration 
        and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328);
            ``(B) the term `brandish' means, with respect to a firearm, 
        to display all or part of the firearm, or otherwise make the 
        presence of the firearm known to another person, in order to 
        intimidate that person, regardless of whether the firearm is 
        directly visible to that person;
            ``(C) the term `crime of violence' means a felony offense 
        that--
                    ``(i) has as an element the use, attempted use, or 
                threatened use of physical force against the person or 
                property of another; or
                    ``(ii) by its nature, involves a substantial risk 
                that physical force against the person or property of 
                another may be used in the course of committing the 
                offense; and
            ``(D) the term `drug trafficking crime' means any felony 
        punishable under the Controlled Substances Act (21 U.S.C. 801 
        et seq.), the Controlled Substances Import and Export Act (21 
        U.S.C. 951 et seq.), or chapter 705 of title 46.''.
    (c) Statute of Limitations.--Section 3298 of title 18, United 
States Code, is amended by inserting ``, or 295'' after ``274(a)''.

SEC. 120. SOUTHERN BORDER THREAT ANALYSIS.

    (a) Threat Analysis.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a southern 
        border threat analysis.
            (2) Contents.--The analysis submitted under paragraph (1) 
        shall include an assessment of--
                    (A) current and potential terrorism and criminal 
                threats posed by individuals and organized groups 
                seeking--
                            (i) to unlawfully enter the United States 
                        through the southern border; or
                            (ii) to exploit security vulnerabilities 
                        along the southern border;
                    (B) improvements needed at and between ports of 
                entry along the southern border to prevent terrorists 
                and instruments of terror from entering the United 
                States;
                    (C) gaps in law, policy, and coordination between 
                State, local, or tribal law enforcement, international 
                agreements, or tribal agreements that hinder effective 
                and efficient border security, counterterrorism, and 
                anti-human smuggling and trafficking efforts;
                    (D) the current percentage of situational awareness 
                achieved by the Department of Homeland Security along 
                the southern border;
                    (E) the current percentage of operational control 
                (as defined in section 2 of the Secure Fence Act of 
                2006 (8 U.S.C. 1701 note)) achieved by the Department 
                of Homeland Security on the southern border; and
                    (F) traveler crossing times and any potential 
                security vulnerability associated with prolonged wait 
                times.
            (3) Analysis requirements.--In compiling the southern 
        border threat analysis under this subsection, the Secretary of 
        Homeland Security shall consider and examine--
                    (A) the technology needs and challenges, including 
                such needs and challenges identified as a result of 
                previous investments that have not fully realized the 
                security and operational benefits that were sought;
                    (B) the personnel needs and challenges, including 
                such needs and challenges associated with recruitment 
                and hiring;
                    (C) the infrastructure needs and challenges;
                    (D) the roles and authorities of State, local, and 
                tribal law enforcement in general border security 
                activities;
                    (E) the status of coordination among Federal, 
                State, local, tribal, and Mexican law enforcement 
                entities relating to border security;
                    (F) the terrain, population density, and climate 
                along the southern border; and
                    (G) the international agreements between the United 
                States and Mexico related to border security.
            (4) Classified form.--To the extent possible, the Secretary 
        of Homeland Security shall submit the southern border threat 
        analysis required under this subsection in unclassified form, 
        but may submit a portion of the threat analysis in classified 
        form if the Secretary determines such action is appropriate.
    (b) Border Patrol Strategic Plan.--
            (1) In general.--Not later than the later of 180 days after 
        the submission of the threat analysis required under subsection 
        (a) or June 30, 2018, and every five years thereafter, the 
        Secretary of Homeland Security, acting through the Chief of the 
        U.S. Border Patrol, and in consultation with the Officer for 
        Civil Rights and Civil Liberties of the Department of Homeland 
        Security, shall issue a Border Patrol Strategic Plan.
            (2) Contents.--The Border Patrol Strategic Plan required 
        under this subsection shall include a consideration of--
                    (A) the southern border threat analysis required 
                under subsection (a), with an emphasis on efforts to 
                mitigate threats identified in such threat analysis;
                    (B) efforts to analyze and disseminate border 
                security and border threat information between border 
                security components of the Department of Homeland 
                Security and other appropriate Federal departments and 
                agencies with missions associated with the southern 
                border;
                    (C) efforts to increase situational awareness, 
                including--
                            (i) surveillance capabilities, including 
                        capabilities developed or utilized by the 
                        Department of Defense, and any appropriate 
                        technology determined to be excess by the 
                        Department of Defense; and
                            (ii) the use of manned aircraft and 
                        unmanned aerial systems, including camera and 
                        sensor technology deployed on such assets;
                    (D) efforts to detect and prevent terrorists and 
                instruments of terrorism from entering the United 
                States;
                    (E) efforts to detect, interdict, and disrupt 
                aliens and illicit drugs at the earliest possible 
                point;
                    (F) efforts to focus intelligence collection to 
                disrupt transnational criminal organizations outside of 
                the international and maritime borders of the United 
                States;
                    (G) efforts to ensure that any new border security 
                technology can be operationally integrated with 
                existing technologies in use by the Department of 
                Homeland Security;
                    (H) any technology required to maintain, support, 
                and enhance security and facilitate trade at ports of 
                entry, including nonintrusive detection equipment, 
                radiation detection equipment, biometric technology, 
                surveillance systems, and other sensors and technology 
                that the Secretary of Homeland Security determines to 
                be necessary;
                    (I) operational coordination unity of effort 
                initiatives of the border security components of the 
                Department of Homeland Security, including any relevant 
                task forces of the Department of Homeland Security;
                    (J) lessons learned from Operation Jumpstart and 
                Operation Phalanx;
                    (K) cooperative agreements and information sharing 
                with State, local, tribal, territorial, and other 
                Federal law enforcement agencies that have jurisdiction 
                on the northern border or the southern border;
                    (L) border security information received from 
                consultation with State, local, tribal, territorial, 
                and Federal law enforcement agencies that have 
                jurisdiction on the northern border or the southern 
                border, or in the maritime environment, and from border 
                community stakeholders (including through public 
                meetings with such stakeholders), including 
                representatives from border agricultural and ranching 
                organizations and representatives from business and 
                civic organizations along the northern border or the 
                southern border;
                    (M) staffing requirements for all departmental 
                border security functions;
                    (N) a prioritized list of departmental research and 
                development objectives to enhance the security of the 
                southern border;
                    (O) an assessment of training programs, including 
                training programs for--
                            (i) identifying and detecting fraudulent 
                        documents;
                            (ii) understanding the scope of enforcement 
                        authorities and the use of force policies; and
                            (iii) screening, identifying, and 
                        addressing vulnerable populations, such as 
                        children and victims of human trafficking; and
                    (P) an assessment of how border security operations 
                affect border crossing times.

                         Subtitle B--Personnel

     PART I--INCREASES IN IMMIGRATION AND LAW ENFORCEMENT PERSONNEL

SEC. 131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND 
              OFFICERS.

    (a) Border Patrol Agents.--Not later than September 30, 2021, the 
Commissioner of U.S. Customs and Border Protection shall hire, train, 
and assign sufficient agents to maintain an active duty presence of not 
fewer than 26,370 full-time equivalent agents.
    (b) CBP Officers.--In addition to positions authorized before the 
date of the enactment of this Act and any existing officer vacancies 
within U.S. Customs and Border Protection as of such date, the 
Commissioner, subject to the availability of appropriations, shall 
hire, train, and assign to duty, not later than September 30, 2021--
            (1) sufficient U.S. Customs and Border Protection officers 
        to maintain an active duty presence of not fewer than 27,725 
        full-time equivalent officers; and
            (2) 350 full-time support staff distributed among all 
        United States ports of entry.
    (c) Air and Marine Operations.--Not later than September 30, 2021, 
the Commissioner of U.S. Customs and Border Protection shall hire, 
train, and assign sufficient agents for Air and Marine Operations of 
U.S. Customs and Border Protection to maintain not fewer than 1,675 
full-time equivalent agents.
    (d) U.S. Customs and Border Protection K-9 Units and Handlers.--
            (1) K-9 units.--Not later than September 30, 2021, the 
        Commissioner shall deploy not less than 300 new K-9 units, with 
        supporting officers of U.S. Customs and Border Protection and 
        other required staff, at land ports of entry and checkpoints on 
        the southern border and the northern border.
            (2) Use of canines.--The Commissioner shall prioritize the 
        use of canines at the primary inspection lanes at land ports of 
        entry and checkpoints.
    (e) U.S. Customs and Border Protection Horseback Units.--
            (1) Increase.--Not later than September 30, 2021, the 
        Commissioner shall increase the number of horseback units, with 
        supporting officers of U.S. Customs and Border Protection and 
        other required staff, by not less than 100 officers and 50 
        horses for security patrol along the southern border.
            (2) Funding limitation.--Of the amounts authorized to be 
        appropriated for U.S. Customs and Border Protection in this 
        Act, not more than one percent may be used for the purchase of 
        additional horses, the construction of new stables, maintenance 
        and improvements of existing stables, and for feed, medicine, 
        and other resources needed to maintain the health and well-
        being of the horses that serve in the horseback units.
    (f) U.S. Customs and Border Protection Search Trauma and Rescue 
Teams.--Not later than September 30, 2021, the Commissioner shall 
increase by not fewer than 50 the number of officers engaged in search 
and rescue activities along the southern border.
    (g) U.S. Customs and Border Protection Tunnel Detection and 
Technology Program.--Not later than September 30, 2021, the 
Commissioner shall increase by not less than 50 the number of officers 
assisting task forces and activities related to deployment and 
operation of border tunnel detection technology and apprehensions of 
individuals using such tunnels for crossing into the United States, 
drug trafficking, or human smuggling.
    (h) Agricultural Specialists.--Not later than September 30, 2021, 
and in addition to the officers and agents authorized under paragraphs 
(a) through (g), the Secretary of Homeland Security shall hire, train, 
and assign to duty, 631 U.S. Customs and Border Protection agricultural 
specialists to ports of entry along the southern border and the 
northern border.
    (i) GAO Report.--If the staffing levels required under this section 
are not achieved by September 30, 2021, the Comptroller General of the 
United States shall conduct a review of the reasons why such levels 
were not achieved.

SEC. 132. U.S. CUSTOMS AND BORDER PROTECTION HIRING AND RETENTION 
              INCENTIVES.

    (a) Definitions.--In this section:
            (1) Covered area.--The term ``covered area'' means a 
        geographic area that the Secretary of Homeland Security 
        determines is in a remote location or is an area for which it 
        is difficult to find full-time permanent covered CBP employees, 
        as compared to other ports of entry or Border Patrol sectors.
            (2) Covered cbp employee.--The term ``covered CBP 
        employee'' means an employee of U.S. Customs and Border 
        Protection performing activities that are critical to border 
        security or customs enforcement, as determined by the 
        Commissioner.
            (3) Rate of basic pay.--The term ``rate of basic pay''--
                    (A) means the rate of pay fixed by law or 
                administrative action for the position to which an 
                employee is appointed before deductions and including 
                any special rate under subpart C of part 530 of title 
                5, Code of Federal Regulations, or a similar payment 
                under other legal authority, and any locality-based 
                comparability payment under subpart F of part 531 of 
                such title, or a similar payment under other legal 
                authority, but excluding additional pay of any other 
                kind; and
                    (B) does not include additional pay, such as night 
                shift differentials under section 5343(f) of title 5, 
                United States Code, or environmental differentials 
                under section 5343(c)(4) of such title.
            (4) Special rate of pay.--The term ``special rate of pay'' 
        means a higher than normal rate of pay that exceeds the 
        otherwise applicable rate of basic pay for a similar covered 
        CBP employee at a land port of entry.
    (b) Hiring Incentives.--
            (1) In general.--In addition to the retention incentives 
        that are authorized under subsection (c), and to the extent 
        necessary for U.S. Customs and Border Protection to hire, 
        train, and deploy qualified officers and employees and to meet 
        the requirements under section 131, the Commissioner, with the 
        approval of the Secretary of Homeland Security, may pay a 
        hiring bonus of $10,000 to a covered CBP employee, after the 
        covered CBP completes initial basic training and executes a 
        written agreement required under subparagraph (2).
            (2) Written agreement.--The payment of a hiring bonus to a 
        covered CBP employee under paragraph (1) is contingent upon the 
        covered CBP employee entering into a written agreement with 
        U.S. Customs and Border Protection to complete more than two 
        years of employment with U.S. Customs and Border Protection 
        beginning on the date on which the agreement is signed. Such 
        agreement shall include--
                    (A) the amount of the hiring bonus;
                    (B) the conditions under which the agreement may be 
                terminated before the required period of service is 
                completed and the effect of such termination;
                    (C) the length of the required service period; and
                    (D) any other terms and conditions under which the 
                hiring bonus is payable, subject to the requirements 
                under this section.
            (3) Form of payment.--A signing bonus paid to a covered CBP 
        employee under paragraph (1) shall be paid in a single payment 
        after the covered CBP employee completes initial basic training 
        and enters on duty and executes the agreement under paragraph 
        (2).
            (4) Exclusion of signing bonus from rate of pay.--A signing 
        bonus paid to a covered CBP employee under paragraph (1) shall 
        not be considered part of the rate of basic pay of the covered 
        CBP employee for any purpose.
            (5) Effective date and sunset.--This subsection shall take 
        effect on the date of the enactment of this Act and shall 
        remain in effect until the earlier of--
                    (A) September 30, 2019; or
                    (B) the date on which U.S. Customs and Border 
                Protection has 26,370 full-time equivalent agents.
    (c) Retention Incentives.--
            (1) In general.--To the extent necessary for U.S. Customs 
        and Border Protection to retain qualified employees, and to the 
        extent necessary to meet the requirements set forth in section 
        131, the Commissioner, with the approval of the Secretary of 
        Homeland Security, may pay a retention incentive to a covered 
        CBP employee who has been employed with U.S. Customs and Border 
        Protection for a period of longer than two consecutive years, 
        and the Commissioner determines that, in the absence of the 
        retention incentive, the covered CBP employee would likely--
                    (A) leave the Federal service; or
                    (B) transfer to, or be hired into, a different 
                position within the Department of Homeland Security 
                (other than another position in CBP).
            (2) Written agreement.--The payment of a retention 
        incentive to a covered CBP employee under paragraph (1) is 
        contingent upon the covered CBP employee entering into a 
        written agreement with U.S. Customs and Border Protection to 
        complete more than two years of employment with U.S. Customs 
        and Border Protection beginning on the date on which the CBP 
        employee enters on duty and the agreement is signed. Such 
        agreement shall include--
                    (A) the amount of the retention incentive;
                    (B) the conditions under which the agreement may be 
                terminated before the required period of service is 
                completed and the effect of such termination;
                    (C) the length of the required service period; and
                    (D) any other terms and conditions under which the 
                retention incentive is payable, subject to the 
                requirements under this section.
            (3) Criteria.--When determining the amount of a retention 
        incentive paid to a covered CBP employee under paragraph (1), 
        the Commissioner shall consider--
                    (A) the length of the Federal service and 
                experience of the covered CBP employee;
                    (B) the salaries for law enforcement officers in 
                other Federal agencies; and
                    (C) the costs of replacing the covered CBP 
                employee, including the costs of training a new 
                employee.
            (4) Amount of retention incentive.--A retention incentive 
        paid to a covered CBP employee under paragraph (1)--
                    (A) shall be approved by the Secretary of Homeland 
                Security and the Commissioner;
                    (B) shall be stated as a percentage of the 
                employee's rate of basic pay for the service period 
                associated with the incentive; and
                    (C) may not exceed $25,000 for each year of the 
                written agreement.
            (5) Form of payment.--A retention incentive paid to a 
        covered CBP employee under paragraph (1) shall be paid as a 
        single payment at the end of the fiscal year in which the 
        covered CBP employee entered into an agreement under paragraph 
        (2), or in equal installments during the life of the service 
        agreement, as determined by the Commissioner.
            (6) Exclusion of retention incentive from rate of pay.--A 
        retention incentive paid to a covered CBP employee under 
        paragraph (1) shall not be considered part of the rate of basic 
        pay of the covered CBP employee for any purpose.
    (d) Pilot Program on Special Rates of Pay in Covered Areas.--
            (1) In general.--The Commissioner may establish a pilot 
        program to assess the feasibility and advisability of using 
        special rates of pay for covered CBP employees in covered 
        areas, as designated on the date of the enactment of this Act, 
        to help meet the requirements set forth in section 131.
            (2) Maximum amount.--The rate of basic pay of a covered CBP 
        employee paid a special rate of pay under the pilot program may 
        not exceed 125 percent of the otherwise applicable rate of 
        basic pay of the covered CBP employee.
            (3) Termination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the pilot program shall terminate on the date that 
                is two years after the date of the enactment of this 
                Act.
                    (B) Extension.--If the Secretary of Homeland 
                Security determines that the pilot program is 
                performing satisfactorily and there are metrics that 
                prove its success in meeting the requirements set forth 
                in section 131, the Secretary may extend the pilot 
                program until the date that is four years after the 
                date of the enactment of this Act.
            (4) Report to congress.--Shortly after the pilot program 
        terminates under paragraph (3), the Commissioner shall submit a 
        report to the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on the Judiciary of the 
        Senate, the Committee on Homeland Security of the House of 
        Representatives, and the Committee on the Judiciary of the 
        House of Representatives that details--
                    (A) the total amount paid to covered CBP employees 
                under the pilot program; and
                    (B) the covered areas in which the pilot program 
                was implemented.
    (e) Salaries.--
            (1) In general.--Section 101(b) of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) 
        is amended to read as follows:
    ``(b) Authorization of Appropriations for CBP Employees.--There are 
authorized to be appropriated to U.S. Customs and Border Protection 
such sums as may be necessary to increase, effective January 1, 2018, 
the annual rate of basic pay for U.S. Customs and Border Protection 
employees who have completed at least one year of service--
            ``(1) to the annual rate of basic pay payable for positions 
        at GS-12, step 1 of the General Schedule under subchapter III 
        of chapter 53 of title 5, United States Code, for officers and 
        agents who are receiving the annual rate of basic pay payable 
        for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of the 
        General Schedule;
            ``(2) to the annual rate of basic pay payable for positions 
        at GS-12, step 10 of the General Schedule under such subchapter 
        for supervisory CBP officers and supervisory Border Patrol 
        agents who are receiving the annual rate of pay payable for a 
        position at GS-10 of the General Schedule; and
            ``(3) to the annual rate of basic pay payable for positions 
        at GS-13, step 1 of the General Schedule under such subchapter 
        for supervisory CBP officers and supervisory Border Patrol 
        agents who are receiving the annual rate of pay payable for a 
        position at GS-11 of the General Schedule;
            ``(4) to the annual rate of basic pay payable for positions 
        at GS-14, step 1 of the General Schedule under such subchapter 
        for supervisory CBP officers and supervisory Border Patrol 
        agents who are receiving the annual rate of pay payable for a 
        position at GS-12 or GS-13 of the General Schedule; and
            ``(5) to the annual rate of basic pay payable for positions 
        at GS-8, GS-9, or GS-10 of the General Schedule for assistants 
        who are receiving an annual rate of pay payable for positions 
        at GS-5, GS-6, or GS-7 of the General Schedule, 
        respectively.''.
            (2) Hardship duty pay.--In addition to compensation to 
        which Border Patrol agents are otherwise entitled, Border 
        Patrol agents who are assigned to rural areas shall be entitled 
        to receive hardship duty pay, in lieu of a retention incentive 
        bonus under subsection (b), in an amount determined by the 
        Commissioner, which may not exceed the rate of special pay to 
        which members of a uniformed service are entitled under section 
        310 of title 37, United States Code.
            (3) Overtime limitation.--Section 5(c)(1) of the Act of 
        February 13, 1911 (19 U.S.C. 267(c)(1)) is amended by striking 
        ``$25,000'' and inserting ``$45,000''.

SEC. 133. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

    (a) Short Title.--This Act may be cited as the ``Anti-Border 
Corruption Reauthorization Act of 2017''.
    (b) Hiring Flexibility.--Section 3 of the Anti-Border Corruption 
Act of 2010 (6 U.S.C. 221) is amended by striking subsection (b) and 
inserting the following:
    ``(b) Waiver Authority.--The Commissioner of U.S. Customs and 
Border Protection may waive the application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) has, within the past ten years, successfully 
                completed a polygraph examination as a condition of 
                employment with such officer's current law enforcement 
                agency;
            ``(2) to a current, full-time Federal law enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; and
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(A) has served in the Armed Forces for not fewer 
                than three years;
                    ``(B) holds, or has held within the past five 
                years, a Secret, Top Secret, or Top Secret/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces 
                and has not engaged in criminal activity or committed a 
                serious military or civil offense under the Uniform 
                Code of Military Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to subparagraph (B).
    ``(c) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate on the date that is four 
years after the date of the enactment of the Anti-Border Corruption 
Reauthorization Act of 2017.''.
    (c) Supplemental Commissioner Authority and Definitions.--
            (1) Supplemental commissioner authority.--Section 4 of the 
        Anti-Border Corruption Act of 2010 (Public Law 111-376) is 
        amended to read as follows:

``SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY.

    ``(a) Nonexemption.--An individual who receives a waiver under 
section 3(b) is not exempt from other hiring requirements relating to 
suitability for employment and eligibility to hold a national security 
designated position, as determined by the Commissioner of U.S. Customs 
and Border Protection.
    ``(b) Background Investigations.--Any individual who receives a 
waiver under section 3(b) who holds a current Tier 4 background 
investigation shall be subject to a Tier 5 background investigation.
    ``(c) Administration of Polygraph Examination.--The Commissioner of 
U.S. Customs and Border Protection is authorized to administer a 
polygraph examination to an applicant or employee who is eligible for 
or receives a waiver under section 3(b) if information is discovered 
before the completion of a background investigation that results in a 
determination that a polygraph examination is necessary to make a final 
determination regarding suitability for employment or continued 
employment, as the case may be.''.
            (2) Report.--The Anti-Border Corruption Act of 2010, as 
        amended by paragraph (1), is further amended by adding at the 
        end the following new section:

``SEC. 5. REPORTING.

    ``(a) Annual Report.--Not later than one year after the date of the 
enactment of the Anti-Border Corruption Re-authorization Act of 2017, 
and annually thereafter while the waiver authority under section 3(b) 
is in effect, the Commissioner of U.S. Customs and Border Protection 
shall submit to Congress a report that includes, with respect to the 
reporting period--
            ``(1) the number of waivers requested, granted, and denied 
        under section 3(b);
            ``(2) the reasons for any denials of such waiver;
            ``(3) the percentage of applicants who were hired after 
        receiving a waiver;
            ``(4) the number of instances that a polygraph was 
        administered to an applicant who initially received a waiver 
        and the results of such polygraph;
            ``(5) an assessment of the current impact of the polygraph 
        waiver program on filling law enforcement positions at U.S. 
        Customs and Border Protection; and
            ``(6) additional authorities needed by U.S. Customs and 
        Border Protection to better utilize the polygraph waiver 
        program for its intended goals.
    ``(b) Additional Information.--The first report submitted under 
subsection (a) shall include--
            ``(1) an analysis of other methods of employment 
        suitability tests that detect deception and could be used in 
        conjunction with traditional background investigations to 
        evaluate potential employees for suitability; and
            ``(2) a recommendation regarding whether a test referred to 
        in paragraph (1) should be adopted by U.S. Customs and Border 
        Protection when the polygraph examination requirement is waived 
        pursuant to section 3(b).''.
            (3) Definitions.--The Anti-Border Corruption Act of 2010, 
        as amended by paragraphs (1) and (2), is further amended by 
        adding at the end the following new section:

``SEC. 6. DEFINITIONS.

    ``In this Act:
            ``(1) Federal law enforcement officer.--The term `Federal 
        law enforcement officer' has the meaning given the term `law 
        enforcement officer' in sections 8331(20) and 8401(17) of title 
        5, United States Code.
            ``(2) Serious military or civil offense.--The term `serious 
        military or civil offense' means an offense for which--
                    ``(A) a member of the Armed Forces may be 
                discharged or separated from service in the Armed 
                Forces; and
                    ``(B) a punitive discharge is, or would be, 
                authorized for the same or a closely related offense 
                under the Manual for Court-Martial, as pursuant to Army 
                Regulation 635-200 chapter 14-12.
            ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
        respect to background investigations have the meaning given 
        such terms under the 2012 Federal Investigative Standards.
            ``(4) Veteran.--The term `veteran' has the meaning given 
        such term in section 101(2) of title 38, United States Code.''.
    (d) Polygraph Examiners.--Not later than September 30, 2021, the 
Secretary of Homeland Security shall increase to not fewer than 150 the 
number of trained full-time equivalent polygraph examiners for 
administering polygraph examinations under the Anti-Border Corruption 
Act of 2010, as amended by this section.

SEC. 134. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
              PERSONNEL.

    (a) Enforcement and Removal Officers.--Not later than September 30, 
2021, the Director of U.S. Immigration and Customs Enforcement shall 
increase the number of trained, full-time, active duty U.S. Immigration 
and Customs Enforcement Enforcement and Removal Operations law 
enforcement officers performing interior immigration enforcement 
functions to not fewer than 8,500.
    (b) Homeland Security Investigations Special Agents.--Not later 
than September 30, 2021, the Director of U.S. Immigration and Customs 
Enforcement shall increase the number of trained, full-time, active 
duty Homeland Security Investigations special agents by not fewer than 
1,500.
    (c) Border Enforcement Security Task Force.--Not later than 
September 30, 2021, the Director of U.S. Immigration and Customs 
Enforcement shall assign not fewer than 100 Homeland Security 
Investigations special agents to the Border Enforcement Security Task 
Force Program established under section 432 of the Homeland Security 
Act of 2002 (6 U.S.C. 240).

SEC. 135. OTHER IMMIGRATION AND LAW ENFORCEMENT PERSONNEL.

    (a) Department of Justice.--
            (1) United states attorneys.--Not later than September 30, 
        2021, in addition to positions authorized before the date of 
        the enactment of this Act and any existing attorney vacancies 
        within the Department of Justice on such date of enactment, the 
        Attorney General shall--
                    (A) increase by not fewer than 100 the number of 
                Assistant United States Attorneys, and
                    (B) increase by not fewer than 50 the number of 
                Special Assistant United States Attorneys in the United 
                States Attorneys' office to litigate denaturalization 
                and other immigration cases in the Federal courts.
            (2) Immigration judges.--
                    (A) Additional immigration judges.--Not later than 
                September 30, 2021, in addition to positions authorized 
                before the date of the enactment of this Act and any 
                existing vacancies within the Department of Justice on 
                such date of enactment, and subject to the availability 
                of appropriations, the Attorney General shall increase 
                by 200 the number of trained full-time immigration 
                judges.
                    (B) Facilities and support personnel.--The Attorney 
                General is authorized to procure space, temporary 
                facilities, and support staff, on an expedited basis, 
                to accommodate the additional immigration judges 
                authorized under this subparagraph.
            (3) Board of immigration appeals.--
                    (A) Board members.--Not later than September 30, 
                2021, the Attorney General shall increase the number of 
                Board Members authorized to serve on the Board of 
                Immigration Appeals to 25.
                    (B) Staff attorneys.--Not later than September 30, 
                2021, in addition to positions authorized before the 
                date of the enactment of this Act and any existing 
                staff attorney vacancies within the Department of 
                Justice on the date of enactment, and subject to the 
                availability of appropriations, the Attorney General 
                shall increase the number of staff attorneys assigned 
                to support the Board of Immigration Appeals by not 
                fewer than 50.
                    (C) Facilities and support personnel.--The Attorney 
                General is authorized to procure space, temporary 
                facilities, and required administrative support staff, 
                on an expedited basis, to accommodate the additional 
                Board Members authorized under this subparagraph.
            (4) Office of immigration litigation.--Not later than 
        September 30, 2021, in addition to positions authorized before 
        the date of the enactment of this Act and any existing 
        vacancies within the Department of Justice, and subject to the 
        availability of appropriations, the Attorney General shall 
        increase by not fewer than 100 the number of attorneys for the 
        Office of Immigration Litigation.
    (b) Department of Homeland Security.--
            (1) Fraud detection and national security officers.--Not 
        later than September 30, 2021, in addition to positions 
        authorized before the date of the enactment of this Act and any 
        existing officer vacancies within the Department of Homeland 
        Security, and subject to the availability of appropriations, 
        the Director of U.S. Citizenship and Immigration Services shall 
        increase by not fewer than 100 the number of trained full-time 
        active duty Fraud Detection and National Security (FDNS) 
        officers.
            (2) ICE homeland security investigations forensic document 
        laboratory personnel.--Not later than September 30, 2021, in 
        addition to positions authorized before the date of the 
        enactment of this Act and any existing officer vacancies within 
        the Department of Homeland Security, the Director of U.S. 
        Immigration and Customs Enforcement shall increase the number 
        of trained full-time Forensic Document Laboratory Examiners by 
        15, Fingerprint Specialists by 15, Intelligence Officers by 10, 
        and Administrative Staff by 3.
            (3) Immigration attorneys.--
                    (A) ICE trial attorneys.--Not later than September 
                30, 2021, in addition to positions authorized before 
                the date of the enactment of this Act and any existing 
                attorney vacancies within the Department of Homeland 
                Security on such date of enactment, the Director of 
                U.S. Immigration and Customs Enforcement shall increase 
                the number of trained, full-time, active duty Office of 
                Principal Legal Advisor attorneys by not fewer than 
                1,200. Such attorneys shall primarily perform duties 
                related to litigation of removal proceedings and 
                representing the Department of Homeland Security in 
                immigration matters before the immigration courts 
                within the Department of Justice, the Executive Office 
                for Immigration Review, and enforcement of U.S. customs 
                and trade laws. At least 50 of these additional 
                attorney positions shall be by the Attorney General to 
                increase the number of U.S. Immigration and Customs 
                Enforcement attorneys serving as Special Assistant U.S. 
                Attorneys, on detail to the Department of Justice, 
                Offices of the U.S. Attorneys, to assist with 
                immigration-related litigation.
                    (B) USCIS immigration attorneys.--Not later than 
                September 30, 2021, in addition to positions authorized 
                before the date of the enactment of this Act and any 
                existing attorney vacancies within the Department of 
                Homeland Security on such date of enactment, the 
                Director of U.S. Citizenship and Immigration Services 
                shall increase the number of trained, full-time, active 
                duty Office of Chief Counsel attorneys by not fewer 
                than 250. Such attorneys shall primarily handle 
                national security and public safety cases, 
                denaturalization cases, and legal sufficiency reviews 
                of immigration benefit decisions. At least 50 of these 
                additional attorney positions shall be used by the 
                Attorney General to increase the number of U.S. 
                Citizenship and Immigration Service attorneys serving 
                as Special Assistant U.S. Attorneys, on detail to the 
                Department of Justice, Offices of the U.S. Attorneys, 
                to assist with immigration-related litigation.
                    (C) Facilities and support personnel.--The Attorney 
                General and Secretary of Homeland Security are 
                authorized to procure space, temporary facilities, and 
                to hire the required administrative and legal support 
                staff, on an expedited basis, to accommodate the 
                additional positions authorized under this paragraph.

                      PART II--JUDICIAL RESOURCES

SEC. 141. JUDICIAL RESOURCES FOR BORDER SECURITY.

    (a) Border Crossing Prosecutions (Criminal Consequence 
Initiative).--
            (1) In general.--Amounts appropriated pursuant to paragraph 
        (3) shall be used--
                    (A) to increase the number of criminal prosecutions 
                for unlawful border crossing in each and every sector 
                of the southern border by not less than 80 percent per 
                day, as compared to the average number of such 
                prosecutions per day during the 12-month period 
                preceding the date of the enactment of this Act, by 
                increasing funding for--
                            (i) attorneys and administrative support 
                        staff in offices of United States attorneys;
                            (ii) support staff and interpreters in 
                        court clerks' offices;
                            (iii) pre-trial services;
                            (iv) activities of the Office of the 
                        Federal Public Defender, including payments to 
                        retain appointed counsel under section 3006A of 
                        title 18, United States Code; and
                            (v) additional personnel, including deputy 
                        United States marshals in the United States 
                        Marshals Service, to perform intake, 
                        coordination, transportation, and court 
                        security; and
                    (B) to reimburse Federal, State, local, and tribal 
                law enforcement agencies for any detention costs 
                related to the increased border crossing prosecutions 
                carried out pursuant to subparagraph (A).
            (2) Additional magistrate judges to assist with increased 
        caseload.--The chief judge of each judicial district located 
        within a sector of the southern border is authorized to appoint 
        additional full-time magistrate judges, who, consistent with 
        the Constitution and laws of the United States, shall have the 
        authority to hear cases and controversies in the judicial 
        district in which the magistrate judges are appointed.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated for each of the fiscal years 2018 through 
        2021 such sums as may be necessary to carry out this 
        subsection.
    (b) Additional Permanent District Court Judgeships in Southern 
Border States.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 4 additional district judges for the District 
                of Arizona;
                    (B) 2 additional district judges for the Southern 
                District of California;
                    (C) 4 additional district judges for the Western 
                District of Texas; and
                    (D) 2 additional district judges for the Southern 
                District of Texas.
            (2) Conversions of temporary district court judgeships.--
        The judgeships for the District of Arizona and the Central 
        District of California authorized under section 312(c) of the 
        21st Century Department of Justice Appropriations Authorization 
        Act (28 U.S.C. 133 note), in existence on the day before the 
        date of the enactment of this Act, shall be authorized under 
        section 133 of title 28, United States Code, and the 
        individuals holding such judgeships on such day shall hold 
        office under section 133 of title 28, United States Code, as 
        amended by paragraph (3).
            (3) Technical and conforming amendments.--The table 
        contained in section 133(a) of title 28, United States Code, is 
        amended--
                    (A) by striking the item relating to the district 
                of Arizona and inserting the following:

  ``Arizona............................  17'';
 

                    (B) by striking the items relating to California 
                and inserting the following :

  ``California:
  Northern.............................  19
  Eastern..............................  12
  Central..............................  28
  Southern.............................  15''; and
 

                    (C) by striking the items relating to Texas and 
                inserting the following :

  ``Texas:
  Northern.............................  12
  Southern.............................  21
  Eastern..............................  7
  Western..............................  17''.
 

    (c) Increase in Filing Fees.--
            (1) In general.--Section 1914(a) of title 28, United States 
        Code, is amended--
                    (A) by striking ``$350'' and inserting ``$375''; 
                and
                    (B) by striking ``$5'' and inserting ``$7''.
            (2) Expenditure limitation.--Incremental amounts collected 
        pursuant to the amendments made by paragraph (1) shall be 
        deposited as offsetting receipts in the special fund of the 
        Treasury established under section 1931 of title 28, United 
        States Code. Such amounts shall be available solely for the 
        purpose of facilitating the processing of civil cases, but only 
        to the extent specifically appropriated by an Act of Congress 
        enacted after the date of the enactment of this Act.
    (d) Whistleblower Protection.--
            (1) In general.--No officer, employee, agent, contractor, 
        or subcontractor of the judicial branch may discharge, demote, 
        threaten, suspend, harass, or in any other manner discriminate 
        against an employee in the terms and conditions of employment 
        because of any lawful act done by the employee to provide 
        information, cause information to be provided, or otherwise 
        assist in an investigation regarding any possible violation of 
        Federal law or regulation, or misconduct, by a judge, justice, 
        or any other employee in the judicial branch, which may assist 
        in the investigation of the possible violation or misconduct.
            (2) Civil action.--An employee injured by a violation of 
        paragraph (1) may seek appropriate relief in a civil action.

SEC. 142. REIMBURSEMENT TO STATE AND LOCAL PROSECUTORS FOR FEDERALLY 
              INITIATED, IMMIGRATION-RELATED CRIMINAL CASES.

    (a) In General.--The Attorney General shall reimburse State, 
county, tribal, and municipal governments for costs associated with the 
prosecution of federally initiated criminal cases declined to be 
prosecuted by local offices of the United States attorneys, including 
costs relating to pre-trial services, detention, clerical support, and 
public defenders' services associated to such prosecution.
    (b) Exception.--Reimbursement under subsection (a) shall not be 
available, at the discretion of the Attorney General, if the Attorney 
General determines that there is reason to believe that the 
jurisdiction seeking reimbursement has engaged in unlawful conduct in 
connection with immigration-related apprehensions.

                           Subtitle C--Grants

SEC. 151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Authorization.--'' before ``If 
                the chief''; and
                    (B) by inserting ``or an alien with an unknown 
                status'' after ``undocumented criminal alien'' each 
                place that term appears;
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Compensation.--
                    ``(A) Calculation of compensation.--Compensation 
                under paragraph (1)(A) shall be the average cost of 
                incarceration of a prisoner in the relevant State, as 
                determined by the Attorney General.
                    ``(B) Compensation of state for incarceration.--The 
                Attorney General shall compensate the State or 
                political subdivision of the State, in accordance with 
                subparagraph (A), for the incarceration of an alien--
                            ``(i) whose immigration status cannot be 
                        verified by the Secretary of Homeland Security; 
                        and
                            ``(ii) who would otherwise be an 
                        undocumented criminal alien if the alien is 
                        unlawfully present in the United States.
            ``(3) Definitions.--In this subsection:
                    ``(A) Alien with an unknown status.--The term 
                `alien with an unknown status' means an individual--
                            ``(i) who has been incarcerated by a 
                        Federal, State, or local law enforcement 
                        entity; and
                            ``(ii) whose immigration status cannot be 
                        definitively identified.
                    ``(B) Undocumented criminal alien.--The term 
                `undocumented criminal alien' means an alien who--
                            ``(i) has been charged with or convicted of 
                        a felony or any misdemeanors; and
                            ``(ii)(I) entered the United States without 
                        inspection or at any time or place other than 
                        as designated by the Secretary of Homeland 
                        Security;
                            ``(II) was the subject of exclusion or 
                        deportation or removal proceedings at the time 
                        he or she was taken into custody by the State 
                        or a political subdivision of the State; or
                            ``(III) was admitted as a nonimmigrant and, 
                        at the time he or she was taken into custody by 
                        the State or a political subdivision of the 
                        State, has failed to maintain the nonimmigrant 
                        status in which the alien was admitted or to 
                        which it was changed under section 248, or to 
                        comply with the conditions of any such 
                        status.'';
            (3) in paragraph (4), by inserting ``and aliens with an 
        unknown status'' after ``undocumented criminal aliens'' each 
        place that term appears;
            (4) in paragraph (5)(C), by striking ``to carry out this 
        subsection'' and all that follows and inserting ``$950,000,000 
        for each of the fiscal years 2018 through 2021 to carry out 
        this subsection.''; and
            (5) by adding at the end the following:
            ``(7) Distribution of reimbursement.--Any funds provided to 
        a State or a political subdivision of a State as compensation 
        under paragraph (1)(A) for a fiscal year shall be distributed 
        to such State or political subdivision not later than 120 days 
        after the last day of the period specified by the Attorney 
        General for the submission of requests under that paragraph for 
        that fiscal year.''.

SEC. 152. OPERATION STONEGARDEN.

    (a) In General.--Subtitle A of title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2009. OPERATION STONEGARDEN.

    ``(a) Establishment.--There is established in the Department a 
program, which shall be known as `Operation Stonegarden', under which 
the Secretary, acting through the Administrator, shall make grants to 
eligible law enforcement agencies, through the State administrative 
agency, to enhance border security in accordance with this section.
    ``(b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a law enforcement agency--
            ``(1) shall be located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with a maritime border; 
                and
            ``(2) shall be involved in an active, ongoing, U.S. Customs 
        and Border Protection operation coordinated through a sector 
        office.
    ``(c) Permitted Uses.--The recipient of a grant under this section 
may use such grant for--
            ``(1) equipment, including maintenance and sustainment 
        costs;
            ``(2) personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities;
            ``(3) any activity permitted for Operation Stonegarden 
        under the Department of Homeland Security's Fiscal Year 2017 
        Homeland Security Grant Program Notice of Funding Opportunity; 
        and
            ``(4) any other appropriate activity, as determined by the 
        Administrator, in consultation with the Commissioner of U.S. 
        Customs and Border Protection.
    ``(d) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not less than 36 
months.
    ``(e) Report.--For each of the fiscal years 2018 through 2022, the 
Administrator shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report that contains 
information on the expenditure of grants made under this section by 
each grant recipient.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of the fiscal years 2018 through 
2022 for grants under this section.''.
    (b) Conforming Amendment.--Section 2002(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 603) is amended to read as follows:
    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants under sections 2003, 2004, and 2009 to State, local, 
and tribal governments, as appropriate.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 2008 the following new item:

``Sec. 2009. Operation Stonegarden.''.

SEC. 153. GRANTS FOR IDENTIFICATION OF VICTIMS OF CROSS-BORDER HUMAN 
              SMUGGLING.

    In addition to any funding for grants made available to the 
Attorney General for State and local law enforcement assistance, the 
Attorney General shall award grants to county, municipal, or tribal 
governments in States along the southern border for costs, or 
reimbursement of costs, associated with the transportation and 
processing of unidentified alien remains that have been transferred to 
an official medical examiner's office or an institution of higher 
education in the area with the capacity to analyze human remains using 
forensic best practices, including DNA testing, where such expenses may 
contribute to the collection and analysis of information pertaining to 
missing and unidentified persons.

SEC. 154. GRANT ACCOUNTABILITY.

    (a) Definitions.--In this section:
            (1) Awarding entity.--The term ``awarding entity'' means 
        the Secretary, the Administrator of the Federal Emergency 
        Management Agency, the Director of the National Science 
        Foundation, or the Chief of the Office of Citizenship and New 
        Americans.
            (2) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such Code.
            (3) Unresolved audit finding.--The term ``unresolved audit 
        finding'' means a finding in a final audit report conducted by 
        the Inspector General of the Department of Homeland Security, 
        or the Inspector General for the National Science Foundation 
        for grants awarded by the Director of the National Science 
        Foundation, that the audited grantee has utilized grant funds 
        for an unauthorized expenditure or otherwise unallowable cost 
        that is not closed or resolved within one year after the date 
        when the final audit report is issued.
    (b) Accountability.--All grants awarded by an awarding entity 
pursuant to this subtitle shall be subject to the following 
accountability provisions:
            (1) Audit requirement.--
                    (A) Audits.--Beginning in the first fiscal year 
                beginning after the date of the enactment of this Act, 
                and in each fiscal year thereafter, the Inspector 
                General of the Department of Homeland Security, or the 
                Inspector General for the National Science Foundation 
                for grants awarded by the Director of the National 
                Science Foundation, shall conduct audits of recipients 
                of grants under this subtitle or any amendments made by 
                this subtitle to prevent waste, fraud, and abuse of 
                funds by grantees. Such Inspectors General shall 
                determine the appropriate number of grantees to be 
                audited each year.
                    (B) Mandatory exclusion.--A recipient of grant 
                funds under this subtitle that is found to have an 
                unresolved audit finding shall not be eligible to 
                receive grant funds under this subtitle or any 
                amendment made by this subtitle during the first two 
                fiscal years beginning after the end of the one-year 
                period described in subsection (A).
                    (C) Priority.--In awarding a grant under this 
                subtitle or any amendment made by this subtitle, the 
                awarding entity shall give priority to eligible 
                applicants that did not have an unresolved audit 
                finding during the three fiscal years immediately 
                preceding the date on which the entity submitted the 
                application for such grant.
                    (D) Reimbursement.--If an entity is awarded grant 
                funds under this subtitle or any amendment made by this 
                subtitle during the two-year period when the entity is 
                barred from receiving grants under subparagraph (B), 
                the awarding entity shall--
                            (i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to such entity into the general fund of the 
                        Treasury; and
                            (ii) seek to recover the costs of the 
                        repayment under clause (i) from such entity.
            (2) Nonprofit organization requirements.--
                    (A) Prohibition.--An awarding entity may not award 
                a grant under this subtitle or any amendment made by 
                this subtitle to a nonprofit organization that holds 
                money in offshore accounts for the purpose of avoiding 
                the tax imposed under section 511(a) of the Internal 
                Revenue Code of 1986.
                    (B) Disclosure.--Each nonprofit organization that 
                is awarded a grant under this subtitle or any amendment 
                made by this subtitle and uses the procedures 
                prescribed by Internal Revenue regulations to create a 
                rebuttable presumption of reasonableness for the 
                compensation of its officers, directors, trustees, and 
                key employees, shall disclose to the awarding entity, 
                in the application for the grant, the process for 
                determining such compensation, including the 
                independent persons involved in reviewing and approving 
                such compensation, the comparability data used, and 
                contemporaneous substantiation of the deliberation and 
                decision. Upon request, the awarding entity shall make 
                the information disclosed under this subparagraph 
                available for public inspection.
            (3) Conference expenditures.--
                    (A) Limitation.--Amounts authorized to be 
                appropriated to the Department of Homeland Security or 
                the National Science Foundation for grant programs 
                under this subtitle or any amendment made by this 
                subtitle may not be used by an awarding entity to host 
                or support any expenditure for conferences that uses 
                more than $20,000 in funds made available by the 
                Department of Homeland Security or the National Science 
                Foundation unless the Deputy Secretary for Homeland 
                Security, or the Deputy Director of the National 
                Science Foundation, or their designee, provides prior 
                written authorization that the funds may be expended to 
                host the conference.
                    (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food, beverages, audio-visual equipment, 
                honoraria for speakers, and entertainment.
                    (C) Report.--The Deputy Secretary of Homeland 
                Security and the Deputy Director of the National 
                Science Foundation shall submit an annual report to 
                Congress that identifies all conference expenditures 
                approved under this paragraph.
            (4) Annual certification.--Beginning in the first fiscal 
        year beginning after the date of the enactment of this Act, 
        each awarding entity shall submit a report to Congress that--
                    (A) indicates whether--
                            (i) all audits issued by the Offices of the 
                        Inspector General under paragraph (1) have been 
                        completed and reviewed by the appropriate 
                        individuals;
                            (ii) all mandatory exclusions required 
                        under paragraph (1)(B) have been issued; and
                            (iii) all reimbursements required under 
                        paragraph (1)(D) have been made; and
                    (B) includes a list of any grant recipients 
                excluded under paragraph (1) during the previous year.

              Subtitle D--Authorization of Appropriations

SEC. 161. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts otherwise authorized to be 
appropriated, there are authorized to be appropriated for each of the 
fiscal years 2018 through 2021, $2,500,000,000 to implement this title 
and the amendments made by this title, of which--
            (1) $10,000,000 shall be used by the Department of Homeland 
        Security to implement Vehicle and Dismount Exploitation Radars 
        (VADER) in border security operations;
            (2) $3,000,000 shall be used by the Department of Homeland 
        Security to implement three dimensional, seismic acoustic 
        detection and ranging border tunneling detection technology on 
        the southern border;
            (3) $200,000,000 shall be used by the Department of State 
        to implement section 113; and
            (4) $30,000,000 shall be used for judicial reform, 
        institution building, anti-corruption, and rule of law 
        activities under the Merida Initiative.
    (b) High Intensity Drug Trafficking Area Program.--Section 
707(p)(5) of the Office of National Drug Control Policy Reauthorization 
Act of 1998 (21 U.S.C. 1706(p)(5)) is amended by striking ``to the 
Office of National Drug Control Policy'' and all that follows and 
inserting ``$280,000,000 to the Office of National Drug Control Policy 
for each of the fiscal years 2018 through 2021 to carry out this 
section.''.

 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

SEC. 201. PORTS OF ENTRY INFRASTRUCTURE.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Secretary of Homeland Security may 
        construct new ports of entry along the northern border and the 
        southern border and determine the location of any such new 
        ports of entry.
            (2) Consultation.--
                    (A) Requirement to consult.--The Secretary of 
                Homeland Security shall consult with the Secretary of 
                State, the Secretary of the Interior, the Secretary of 
                Agriculture, the Secretary of Transportation, the 
                Administrator of General Services, and appropriate 
                representatives of State and local governments, and 
                Indian tribes, and property owners in the United States 
                prior to selecting a location for any new port 
                constructed pursuant to paragraph (1).
                    (B) Considerations.--The purpose of the 
                consultations required by subparagraph (A) shall be to 
                minimize any negative impacts of such a new port on the 
                environment, culture, commerce, and quality of life of 
                the communities and residents located near such new 
                port.
    (b) Expansion and Modernization of High-priority Border Ports of 
Entry.--Not later than September 30, 2021, the Secretary of Homeland 
Security shall modernize the top 10 high-priority ports of entry.
    (c) Port of Entry Prioritization.--Prior to constructing any new 
ports of entry pursuant to subsection (a), the Secretary shall complete 
the expansion and modernization of ports of entry pursuant to 
subsection (b) to the extent practicable.
    (d) Notification.--
            (1) New ports of entry.--Not later than 15 days after 
        determining the location of any new port of entry for 
        construction pursuant to subsection (a), the Secretary of 
        Homeland Security shall submit a report containing the location 
        of the new port of entry, a description of the need for and 
        anticipated benefits of the new port of entry, a description of 
        the consultations undertaken by the Secretary, any actions that 
        will be taken to minimize negative impacts of the new port, and 
        the anticipated timeline for construction and completion of the 
        new port of entry to--
                    (A) the members of Congress that represent the 
                State or congressional district in which the new port 
                of entry will be located;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Finance of the Senate;
                    (D) the Committee on the Judiciary of the Senate;
                    (E) the Committee on Homeland Security of the House 
                of Representatives;
                    (F) the Committee on Ways and Means of the House of 
                Representatives; and
                    (G) the Committee on the Judiciary of the House of 
                Representatives.
            (2) Top ten high-volume ports.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall notify the congressional committees 
        listed under paragraph (1) of--
                    (A) the top 10 high-volume ports of entry on the 
                southern border referred to in subsection (b); and
                    (B) the Secretary's plan for expanding the primary 
                and secondary inspection lanes at each such port of 
                entry.

SEC. 202. SECURE COMMUNICATIONS.

    (a) In General.--The Secretary shall ensure that each U.S. Customs 
and Border Protection and U.S. Immigration and Customs Enforcement 
officer or agent, if appropriate, is equipped with a secure two-way 
communication device, supported by system interoperability and LTE 
network capability, that allows each such officer to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, tribal, and local law 
        enforcement entities.
    (b) Land Border Agents and Officers.--The Secretary shall ensure 
that each U.S. Customs and Border Protection agent or officer assigned 
or required to patrol on foot, by horseback, or with a canine unit, in 
remote mission critical locations, including but not limited to the Rio 
Grand Valley and Big Bend, and at border checkpoints, has a multi-band, 
encrypted portable radio with military-grade high frequency capability 
to allow for beyond line-of-sight communications.

SEC. 203. BORDER SECURITY DEPLOYMENT PROGRAM.

    (a) Expansion.--Not later than September 30, 2021, the Secretary 
shall fully implement the Border Security Deployment Program of the 
U.S. Customs and Border Protection and expand the integrated 
surveillance and intrusion detection system at land ports of entry 
along the southern border and the northern border.
    (b) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated $33,000,000 for fiscal year 2018 to carry out subsection 
(a).

SEC. 204. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF ENTRY.

    (a) Upgrade.--Not later than one year after the date of the 
enactment of this Act, the Commissioner of U.S. Customs and Border 
Protection shall upgrade all existing license plate readers on the 
northern border and the southern borders on incoming and outgoing 
vehicle lanes.
    (b) Pilot Program.--Not later than 90 days after the date of the 
enactment of this Act, the Commissioner of U.S. Customs and Border 
Protection shall conduct a one-month pilot on the southern border using 
license plate readers for one to two cargo lanes at the top three high-
volume land ports of entry or checkpoints to determine their 
effectiveness in reducing cross-border wait times for commercial 
traffic and tractor-trailers.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall--
            (1) report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on the 
        Judiciary of the Senate, the Committee on Finance of the 
        Senate, the Committee on Homeland Security of the House of 
        Representatives, the Committee on the Judiciary of the House of 
        Representatives, and the Committee on Ways and Means of the 
        House of Representatives on the results of the pilot program 
        under subsection (b); and
            (2) make recommendations to such committees for 
        implementing such technology on the southern border.
    (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated $125,000,000 for fiscal year 2018 to carry out this 
section.

SEC. 205. BIOMETRIC TECHNOLOGY.

    (a) Biometric Storage.--The Secretary shall create a system or 
upgrade an existing system (if a Department of Homeland Security system 
already has capability and capacity for storage) to allow for storage 
of iris scans and voice prints of aliens that can be used by the 
Department of Homeland Security, other Federal agencies, and State and 
local law enforcement for identification, remote authentication, and 
verification of aliens. The Secretary shall ensure, to the extent 
possible, that the system for storage of iris scans and voice prints is 
compatible with existing State and local law enforcement systems that 
are used for collection and storage of iris scans or voice prints for 
criminal aliens.
    (b) Pilot Program.--Not later than 120 days after the date of 
enactment of this Act, U.S. Immigration and Customs Enforcement and 
U.S. Citizenship and Immigration Services shall conduct a six-month 
pilot on the collection and use of iris scans and voice prints for 
identification, remote authentication, and verification of aliens who 
are in removal proceedings, detained, or are seeking an immigration 
benefit.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall report the results of the pilot and make 
recommendations for implementing use of such technology to the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate and the Committee on Homeland 
Security and Committee on the Judiciary of the House of 
Representatives.
    (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated $10,000,000 for fiscal year 2018 to carry out this 
section.

SEC. 206. BIOMETRIC EXIT DATA SYSTEM.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 211 et seq.) is amended by adding at the end the 
following new section:

``SEC. 418. BIOMETRIC ENTRY-EXIT.''.

    ``(a) Establishment.--The Secretary shall--
            ``(1) not later than 180 days after the date of the 
        enactment of the Building America's Trust Act, submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, the Committee on the Judiciary of the Senate, the 
        Committee on Homeland Security of the House of Representatives, 
        and the Committee on the Judiciary of the House of 
        Representatives an implementation plan to establish a biometric 
        exit data system to complete the integrated biometric entry and 
        exit data system required under section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (8 
        U.S.C. 1365b), including--
                    ``(A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance costs, of 
                such a system that takes into account prior reports on 
                such matters issued by the Government Accountability 
                Office and the Department;
                    ``(B) cost-effective staffing and personnel 
                requirements of such a system that leverages existing 
                resources of the Department that takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department;
                    ``(C) a consideration of training programs 
                necessary to establish such a system that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department;
                    ``(D) a consideration of how such a system will 
                affect wait times that takes into account prior reports 
                on such matter issued by the Government Accountability 
                Office and the Department;
                    ``(E) information received after consultation with 
                private sector stakeholders, including the--
                            ``(i) trucking industry;
                            ``(ii) airport industry;
                            ``(iii) airline industry;
                            ``(iv) seaport industry;
                            ``(v) travel industry; and
                            ``(vi) biometric technology industry;
                    ``(F) a consideration of how trusted traveler 
                programs in existence as of the date of the enactment 
                of this Act may be impacted by, or incorporated into, 
                such a system;
                    ``(G) defined metrics of success and milestones;
                    ``(H) identified risks and mitigation strategies to 
                address such risks; and
                    ``(I) a consideration of how other countries have 
                implemented a biometric exit data system; and
            ``(2) not later than two years after the date of the 
        enactment of the Building America's Trust Act, establish a 
        biometric exit data system at--
                    ``(A) the 15 United States airports that support 
                the highest volume of international air travel, as 
                determined by available Federal flight data;
                    ``(B) the 15 United States seaports that support 
                the highest volume of international sea travel, as 
                determined by available Federal travel data; and
                    ``(C) the 15 United States land ports of entry that 
                support the highest volume of vehicle, pedestrian, and 
                cargo crossings, as determined by available Federal 
                border crossing data.
    ``(b) Implementation.--
            ``(1) Pilot program at land ports of entry for non-
        pedestrian outbound traffic.--Not later than 18 months after 
        the date of the enactment of the Building America's Trust Act, 
        the Secretary, in collaboration with industry stakeholders, 
        shall establish a six-month pilot program to test the biometric 
        exit data system referred to in subsection (a)(2) on 
        nonpedestrian outbound traffic at not fewer than three land 
        ports of entry with significant cross-border traffic, including 
        at not fewer than two land ports of entry on the southern land 
        border and at least one land port of entry on the northern land 
        border. Such pilot program may include a consideration of more 
        than one biometric mode, and shall be implemented to determine 
        the following:
                    ``(A) How a nationwide implementation of such 
                biometric exit data system at land ports of entry shall 
                be carried out.
                    ``(B) The infrastructure required to carry out 
                subparagraph (A).
                    ``(C) The effects of such pilot program on 
                legitimate travel and trade.
                    ``(D) The effects of such pilot program on wait 
                times, including processing times, for such non-
                pedestrian traffic.
                    ``(E) Its effectiveness in combating terrorism.
                    ``(F) Its effectiveness in identifying visa holders 
                who violate the terms of their visas.
            ``(2) At land ports of entry for non-pedestrian outbound 
        traffic.--
                    ``(A) In general.--Not later than five years after 
                the date of the enactment of the Building America's 
                Trust Act, the Secretary shall expand the biometric 
                exit data system referred to in subsection (a)(2) to 
                all land ports of entry, and such system shall apply 
                only in the case of nonpedestrian outbound traffic.
                    ``(B) Extension.--The Secretary may extend for a 
                single two-year period the date specified in 
                subparagraph (A) if the Secretary certifies to the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate, the Committee on the Judiciary of the 
                Senate, the Committee on Homeland Security of the House 
                of Representatives, and the Committee on the Judiciary 
                of the House of Representatives that the 15 land ports 
                of entry that support the highest volume of passenger 
                vehicles, as determined by available Federal data, do 
                not have the physical infrastructure or characteristics 
                to install the systems necessary to implement a 
                biometric exit data system.
            ``(3) At air and sea ports of entry.--Not later than five 
        years after the date of the enactment of the Building America's 
        Trust Act, the Secretary shall expand the biometric exit data 
        system referred to in subsection (a)(2) to all air and sea 
        ports of entry.
            ``(4) At land ports of entry for pedestrians.--Not later 
        than five years after the date of the enactment of the Building 
        America's Trust Act, the Secretary shall expand the biometric 
        exit data system referred to in subsection (a)(2) to all land 
        ports of entry, and such system shall apply only in the case of 
        pedestrians.
    ``(c) Effects on Air, Sea, and Land Transportation.--The Secretary, 
in consultation with appropriate private sector stakeholders, shall 
ensure that the collection of biometric data under this section causes 
the least possible disruption to the movement of people or cargo in 
air, sea, or land transportation, while fulfilling the goals of 
improving counterterrorism efforts and identifying visa holders who 
violate the terms of their visas.
    ``(d) Termination of Proceeding.--Notwithstanding any other 
provision of law, the Secretary shall, on the date of the enactment of 
the Building America's Trust Act, terminate the proceeding entitled 
`Collection of Alien Biometric Data Upon Exit From the United States at 
Air and Sea Ports of Departure; United States Visitor and Immigrant 
Status Indicator Technology Program (``US-VISIT'')', issued on April 
24, 2008 (73 Fed. Reg. 22065).
    ``(e) Data-matching.--The biometric exit data system established 
under this section shall--
            ``(1) match biometric information for an alien who is 
        departing the United States against the biometric information 
        obtained for the alien upon entry to the United States;
            ``(2) leverage the infrastructure and databases of the 
        current biometric entry and exit system established pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
        described in paragraph (1); and
            ``(3) be interoperable with, and allow matching against, 
        other Federal databases that store biometrics of known or 
        suspected terrorists and visa holders who have violated the 
        terms of their visas.
    ``(f) Scope.--
            ``(1) In general.--The biometric exit data system 
        established under this section shall include a requirement for 
        the collection of biometric exit data for all categories of 
        individuals who are required to provide biometric entry data.
            ``(2) Exception for certain other individuals.--This 
        section shall not apply to individuals who exit and then 
        reenter the United States on a passenger vessel (as such term 
        is defined in section 2101 of title 46, United States Code) if 
        the itinerary of such vessel originates and terminates in the 
        United States.
            ``(3) Exception for land ports of entry.--This section 
        shall not apply to a United States citizen or a Canadian 
        citizen who exits the United States through a land port of 
        entry.
    ``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data pursuant to the biometric exit 
data system established under this section, except through a 
contractual agreement.
    ``(h) Multi-modal Collection.--In carrying out subsections (a)(1) 
and (b), the Secretary shall make every effort to collect biometric 
data using multiple modes of biometrics.
    ``(i) Facilities.--All non-federally owned facilities where the 
biometric exit data system established under this section is 
implemented shall provide and maintain space for Federal use that is 
adequate to support biometric data collection and other inspection-
related activity. Such space shall be provided and maintained at no 
cost to the Government.
    ``(j) Northern Land Border.--In the case of the northern land 
border, the requirements under subsection (a)(2)(C), (b)(2)(A), and 
(b)(4) may be achieved through the sharing of biometric data provided 
to U.S. Customs and Border Protection by the Canadian Border Services 
Agency pursuant to the 2011 Beyond the Border agreement.
    ``(k) Congressional Review.--Not later than 90 days after the date 
of the enactment of this section, the Secretary shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on the Judiciary of the Senate, the Committee on Homeland 
Security of the House of Representatives, and the Committee on the 
Judiciary of the House of Representatives reports and recommendations 
of the Science and Technology Directorate's Air Entry and Exit Re-
Engineering Program of the Department and the U.S. Customs and Border 
Protection entry and exit mobility program demonstrations.''.

SEC. 207. SENSE OF CONGRESS ON COOPERATION BETWEEN AGENCIES.

    (a) Finding.--Congress finds that personnel constraints exist at 
land ports of entry with regard to sanitary and phytosanitary 
inspections for exported goods.
    (b) Sense of Congress.--It is the sense of Congress that, in the 
best interest of cross-border trade and the agricultural community--
            (1) any lack of certified personnel for inspection purposes 
        at ports of entry should be addressed by seeking cooperation 
        between agencies and departments of the United States, whether 
        in the form of a memorandum of understanding or through a 
        certification process, whereby additional existing agents are 
        authorized for additional hours to facilitate the crossing and 
        trade of perishable goods in a manner consistent with rules of 
        the Department of Agriculture; and
            (2) cross designation should be available for personnel who 
        will assist more than one agency or department at land ports of 
        entry to facilitate increased trade and commerce.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any amounts otherwise authorized to be appropriated, 
there is authorized to be appropriated $1,000,000,000 for each of the 
fiscal years 2018 through 2021 to carry out this title.

         TITLE III--DOMESTIC SECURITY AND INTERIOR ENFORCEMENT

                      Subtitle A--General Matters

SEC. 301. ENDING CATCH AND RELEASE FOR REPEAT IMMIGRATION VIOLATORS AND 
              CRIMINALS ALIENS.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by striking the section heading and subsections (a) through 
(c) and inserting the following:

``SEC. 236. APPREHENSION AND DETENTION OF ALIENS.

    ``(a) Arrest, Detention, and Release.--
            ``(1) In general.--The Secretary, on a warrant issued by 
        the Secretary, may arrest an alien and detain the alien pending 
        a decision on whether the alien is to be removed from the 
        United States up until the alien has an administratively final 
        order of removal. Except as provided in subsection (c) and 
        pending such decision, the Secretary--
                    ``(A) may--
                            ``(i) continue to detain the arrested 
                        alien;
                            ``(ii) release the alien on bond of at 
                        least $5,000, with security approved by, and 
                        containing conditions prescribed by, the 
                        Secretary; or
                            ``(iii) release the alien on his or her own 
                        recognizance, subject to appropriate conditions 
                        set forth by the Secretary of Homeland 
                        Security, if the Secretary of Homeland Security 
                        determines that the alien will not pose a 
                        danger to the safety of other persons or of 
                        property and is likely to appear for any 
                        scheduled proceeding; and
                    ``(B) may not provide the alien with work 
                authorization (including an `employment authorized' 
                endorsement or other appropriate work permit) or 
                advance parole to travel outside of the United States, 
                unless the alien is lawfully admitted for permanent 
                residence or otherwise would (without regard to removal 
                proceedings) be provided such authorization.
    ``(b) Revocation of Bond or Parole.--The Secretary at any time may 
revoke bond or parole authorized under subsection (a), rearrest the 
alien under the original warrant, and detain the alien.
    ``(c) Mandatory Detention of Criminal Aliens.--
            ``(1) Criminal aliens.--The Secretary shall take into 
        custody and continue to detain any alien who--
                    ``(A)(i) has not been admitted or paroled into the 
                United States; and
                    ``(ii) was apprehended anywhere within 100 miles of 
                the international border of the United States;
                    ``(B) is admissible by reason of having committed 
                any offense covered in section 212(a)(2);
                    ``(C) is deportable by reason of having committed 
                any offense covered in section 237(a)(2);
                    ``(D) is convicted for an offense under section 
                275(a);
                    ``(E) is convicted for an offense under section 
                276;
                    ``(F) is convicted for any criminal offense; or
                    ``(G) is inadmissible under section 212(a)(3)(B) or 
                deportable under section 237(a)(4)(B),
                when the alien is released, without regard to whether 
                the alien is released on parole, supervised release, 
                and without regard to whether the alien may be arrested 
                or imprisoned again for the same offense.
            ``(2) Release.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary may release an alien 
                described in paragraph (1) only if the Secretary 
                decides pursuant to section 3251 of title 18, United 
                States Code, and in accordance with a procedure that 
                considers the severity of the offense committed by the 
                alien, that--
                            ``(i) release of the alien from custody is 
                        necessary to provide protection to a witness, a 
                        potential witness, a person cooperating with an 
                        investigation into major criminal activity, or 
                        an immediate family member or close associate 
                        of a witness, potential witness, or person 
                        cooperating with such an investigation, and
                            ``(ii) the alien satisfies the Secretary 
                        that the alien is not a flight risk, poses no 
                        danger to the safety of other persons or of 
                        property, is not a threat to national security 
                        or public safety, and is likely to appear at 
                        any scheduled proceeding.
                    ``(B) Arrested, but not convicted, aliens.--
                            ``(i) Release for proceedings.--The 
                        Secretary of Homeland Security may release any 
                        alien held pursuant to paragraph (1) to the 
                        appropriate authority for any proceedings 
                        subsequent to the arrest.
                            ``(ii) Resumption of custody.--If an alien 
                        is released under clause (i), the Secretary 
                        shall--
                                    ``(I) resume custody of the alien 
                                during any period pending the final 
                                disposition of any such proceedings 
                                that the alien is not in the custody of 
                                such appropriate authority; and
                                    ``(II) if the alien is not 
                                convicted of the offense for which the 
                                alien was arrested, the Secretary shall 
                                continue to detain the alien until 
                                removal proceedings are completed.''.

SEC. 302. DETERRING VISA OVERSTAYS.

    (a) Admission of Nonimmigrants.--Section 214 of the Immigration and 
Nationality Act (8 U.S.C. 1184) is amended by striking the section 
heading and all that follows through subsection (a)(1) and inserting 
the following:

``SEC. 214. ADMISSION OF NONIMMIGRANTS.

    ``(a) In General.--
            ``(1) Terms and conditions of admission.--
                    ``(A) Regulations.--Subject to subparagraphs (B) 
                and (C), the admission to the United States of any 
                alien as a nonimmigrant may be for such time and under 
                such conditions as the Secretary of Homeland Security 
                may by regulations prescribe, including when the 
                Secretary deems necessary the giving of a bond with 
                sufficient surety in such sum and containing such 
                conditions as the Secretary shall prescribe, to insure 
                that at the expiration of such time or upon failure to 
                maintain the status under which the alien was admitted, 
                or to maintain any status subsequently acquired under 
                section 248, such alien will depart from the United 
                States.
                    ``(B) Guam or cnmi visa waiver nonimmigrants.--No 
                alien admitted to Guam or the Commonwealth of the 
                Northern Mariana Islands without a visa pursuant to 
                section 212(l) may be authorized to enter or stay in 
                the United States other than in Guam or the 
                Commonwealth of the Northern Mariana Islands or to 
                remain in Guam or the Commonwealth of the Northern 
                Mariana Islands for a period exceeding 45 days from the 
                date of admission to Guam or the Commonwealth of the 
                Northern Mariana Islands.
                    ``(C) Visa waiver program nonimmigrants.--No alien 
                admitted to the United States without a visa pursuant 
                to section 217 may be authorized to remain in the 
                United States as a nonimmigrant visitor for a period 
                exceeding 90 days from the date of admission.
                    ``(D) Bar to immigration benefits and to contesting 
                removal.--
                            ``(i) In general.--Subject to clause (ii), 
                        except for an alien admitted as a nonimmigrant 
                        under subparagraph (A) or (G) of section 
                        101(a)(15) or a NATO nonimmigrant, any alien 
                        who remains in the United States beyond the 
                        period of stay authorized by the Secretary of 
                        Homeland Security, without good cause as 
                        determined by the Secretary of Homeland 
                        Security, in the Secretary's discretion, is 
                        ineligible for all immigration benefits or 
                        relief available under the immigration laws, 
                        other than a request for asylum, withholding of 
                        removal under section 241(b)(3), or relief from 
                        removal based on a claim under the Convention 
                        Against Torture and Other Cruel, Inhuman or 
                        Degrading Treatment or Punishment, done at New 
                        York, December 10, 1984.
                            ``(ii) Exception.--The Secretary may, in 
                        the Secretary's sole and unreviewable 
                        discretion, find that a nonimmigrant is not 
                        subject to clause (i) if--
                                    ``(I) the alien was lawfully 
                                admitted to the United States as a 
                                nonimmigrant;
                                    ``(II) the alien filed a 
                                nonfrivolous application for change of 
                                status to another nonimmigrant category 
                                or extension of stay before the date of 
                                expiration of the alien's authorized 
                                period of stay as a nonimmigrant;
                                    ``(III) the alien has not been 
                                employed without authorization in the 
                                United States, before, or during 
                                pendency of the application;
                                    ``(IV) the alien has not otherwise 
                                violated the terms of the alien's 
                                nonimmigrant status; and
                                    ``(V) the Secretary of Homeland 
                                Security, in the Secretary's sole and 
                                unreviewable discretion, determines 
                                that the alien is not a threat to 
                                national security or public safety.
                            ``(iii) Good cause defined.--In clause (i), 
                        the term `good cause' means exigent 
                        humanitarian circumstances, such as medical 
                        emergencies or force majeure.''.
    (b) Issuance of Nonimmigrant Visas.--Section 221(a) of the 
Immigration and Nationality Act (8 U.S.C. 1201(a)) is amended by adding 
at the end the following:
    ``(3) Notification of Bars.--The Secretary of State shall ensure 
that every application for a nonimmigrant visa includes a statement, to 
be executed under penalty of perjury, notifying the alien who is 
seeking a nonimmigrant visa of the bars to immigration relief and to 
contesting removal under section 214(a)(1)(D) if the alien fails to 
depart the United States at the end of the alien's authorized period of 
stay.''.
    (c) Visa Waiver Program Waiver of Rights.--Section 217(b) of the 
Immigration and Nationality Act (8 U.S.C. 1187(b)) is amended to read 
as follows:
    ``(b) Waiver of Rights.--An alien may not be provided a waiver 
under the program unless the alien has--
            ``(1) signed, under penalty of perjury, an acknowledgement 
        confirming that the alien was notified and understands that he 
        or she will be ineligible for any form of relief or immigration 
        benefit under the Act or any other immigration laws, other than 
        a request for asylum, withholding of removal under section 
        241(b)(3), or relief from removal based on a claim under the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York, December 
        10, 1984, if the alien fails to depart the United States at the 
        end of the 90-day period for admission;
            ``(2) waived any right to review or appeal under this Act 
        of an immigration officer's determination as to the a 
        admissibility of the alien at the port of entry into the United 
        States, and
            ``(3) waived any right to contest, other than on the basis 
        of an application for asylum, any action for removal of the 
        alien.''.

SEC. 303. INCREASE IN IMMIGRATION DETENTION CAPACITY.

    Not later than September 30, 2018, and subject to the availability 
of appropriations, the Secretary of Homeland Security shall increase 
the immigration detention capacity to a daily immigration detention 
capacity of not less than 48,879 detention beds.

SEC. 304. COLLECTION OF DNA FROM CRIMINAL AND DETAINED ALIENS.

    (a) In General.--Section 3(a)(1) of the DNA Analysis Backlog 
Elimination Act of 2000 (42 U.S.C. 14135a(a)(1)) is amended by adding 
at the end the following:
            ``(C) The Secretary of Homeland Security shall collect DNA 
        samples from any alien, as defined under section 101(a)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), 
        who--
                    ``(i) has been detained pursuant to section 
                235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of that Act (8 
                U.S.C. 1225(b)(1)(B)(iii)(IV), 1226, 1226a, 1228); or
                    ``(ii) is the subject of a final order of removal 
                under section 240 of that Act (8 U.S.C. 1229a) based on 
                inadmissibility under section 212(a)(2) of that Act (8 
                U.S.C. 1182(a)(2)) or being subject to removal under 
                section 237(a)(2) of that Act (8 U.S.C. 1227(a)(2)).''.
    (b) Furnishing of DNA Samples From Criminal and Detained Aliens.--
Section 3(b) of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135a(b)) is amended by striking ``or the probation office 
responsible (as applicable)'' and inserting ``the probation office 
responsible, or the Secretary of Homeland Security''.

SEC. 305. COLLECTION, USE, AND STORAGE OF BIOMETRIC DATA.

    (a) Collection and Use of Biometric Information for Immigration 
Purposes.--
            (1) Collection.--The Secretary of Homeland Security may 
        require any individual filing an application, petition, or 
        other request for immigration benefit or status with the 
        Department of Homeland Security or seeking an immigration 
        benefit, immigration employment authorization, identity, or 
        travel document, or requesting relief under any provision of 
        the immigration laws to submit biometric information (including 
        but not limited to fingerprints, photograph, signature, voice 
        print, iris, or DNA) to the Secretary.
            (2) Use.--The Secretary may use any biometric information 
        submitted under paragraph (1) to conduct background and 
        security checks, verify an individual's identity, adjudicate, 
        revoke, or terminate immigration benefits or status, and 
        perform other functions related to administering and enforcing 
        the immigration laws.
    (b) Biometric and Biographic Information Sharing.--
            (1) Biometric and biographic information sharing with 
        department of defense and federal bureau of investigation.--The 
        Secretary of Homeland Security, the Secretary of Defense, and 
        the Director of the Federal Bureau of Investigation--
                    (A) shall exchange appropriate biometric and 
                biographic information to determine or confirm the 
                identity of an individual and to assess whether the 
                individual is a threat to national security or public 
                safety; and
                    (B) may use information exchanged pursuant to 
                subparagraph (A) to compare biometric and biographic 
                information contained in applicable systems of the 
                Department of Homeland Security, the Department of 
                Defense, or the Federal Bureau of Investigation to 
                determine if there is a match between such information 
                and, if there is a match, to relay such information to 
                the requesting agency.
            (2) Use of biometric data by the department of state.--The 
        Secretary of State shall use biometric information from 
        applicable systems of the Department of Homeland Security, of 
        the Department of Defense, and of the Federal Bureau of 
        Investigation to track individuals who are--
                    (A)(i) known or suspected terrorists; or
                    (ii) identified as a potential threat to national 
                security; and
                    (B) using an alias while traveling.
            (3) Report on biometric information sharing with mexico and 
        other countries for identity verification.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Homeland Security and the Secretary of State shall submit a 
        joint report on the status of efforts to engage with the 
        Government of Mexico and the governments of other appropriate 
        foreign countries located in Central America or South 
        American--
                    (A) to discuss coordination on biometric 
                information sharing between the United States and such 
                countries; and
                    (B) to enter into bilateral agreements that provide 
                for the sharing of such biometric information with the 
                Department of State, the Department of Defense, the 
                Department of Justice, the Federal Bureau of 
                Investigation, and the Department of Homeland Security 
                to use in identifying individuals who are known or 
                suspected terrorists or potential threats to national 
                security and verifying entry and exit of individuals to 
                and from the United States.
    (c) Construction.--The collection of biometric information under 
paragraph (1) shall not limit the Secretary of Homeland Security's 
authority to collect biometric information from any individual arriving 
to or departing from the United States.

SEC. 306. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

    (a) In General.--The Secretary of Homeland Security shall establish 
a pilot program in at least 5 of the 10 U.S. Immigration and Customs 
Enforcement field offices or regions with the largest removal caseloads 
to allow U.S. Immigration and Customs Enforcement officers to use 
handheld or vehicle-mounted computers to electronically--
            (1) process and serve charging documents, including notices 
        to appear, while in the field;
            (2) process and place detainers while in the field;
            (3) collect biometric data for the purpose of identifying 
        an alien and establishing both immigration status and criminal 
        history while in the field;
            (4) enter any required data, including personal information 
        about the alien subject and the reason for issuing the 
        document;
            (5) apply the electronic signature of the issuing ICE 
        officer or agent;
            (6) apply or capture the electronic signature of the alien 
        on any charging document or notice, including any electronic 
        signature captured to acknowledge service of such documents or 
        notices;
            (7) set the date the alien is required to appear before an 
        immigration judge, in the case of notices to appear;
            (8) print any documents the alien subject may be required 
        to sign, along with additional copies of documents to be served 
        on the alien; and
            (9) interface with the ENFORCE database so that all data is 
        collected, stored, and retrievable in real-time.
    (b) Construction.--The pilot program described in subsection (a) 
shall be designed to replace, to the extent possible, the current 
paperwork and data-entry process used for issuing such charging 
documents and detainers.
    (c) Deadline.--The Secretary shall initiate the pilot program 
described in subsection (a) not later than 6 months after the date of 
the enactment of this Act.
    (d) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) submit a report to the Committee on Homeland Security 
        and Governmental Affairs of the Senate, the Committee on the 
        Judiciary of the Senate, the Committee on Homeland Security of 
        the House of Representatives, the Committee on the Judiciary of 
        the House of Representatives on the results of the pilot 
        program; and
            (2) provide recommendations to such committees for 
        implementing use of such technology nationwide.

SEC. 307. ENDING ABUSE OF PAROLE AUTHORITY.

    Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)(5)) is amended to read as follows:
    ``(5) Parole Authority.--
            ``(A) In general.--Except as provided in subparagraph (C) 
        or section 214(f), the Secretary of Homeland Security, in the 
        Secretary's discretion, may parole into the United States 
        temporarily, under such conditions as the Secretary may 
        prescribe, including requiring the posting of a bond, and only 
        on a case-by-case basis for urgent humanitarian reasons or 
        significant public benefit, any alien applying for admission to 
        the United States.
            ``(B) Parole not an admission.--In accordance with section 
        101(a)(13)(B), parole of an alien under subparagraph (A) shall 
        not be regarded as an admission of the alien to the United 
        States.
            ``(C) Prohibited uses of parole authority.--
                    ``(i) In general.--The Secretary may not use the 
                authority under subparagraph (A) to parole in 
                generalized categories of aliens or classes of aliens 
                based solely on nationality, presence, or residence in 
                the United States, family relationships, or any other 
                criteria that would cover a broad group of foreign 
                nationals either inside or outside of the United 
                States.
                    ``(ii) Aliens who are national security or public 
                safety threats.--
                            ``(I) Prohibition on parole.--The Secretary 
                        of Homeland Security shall not parole in any 
                        alien who the Secretary, in the Secretary's 
                        sole and unreviewable discretion, determines is 
                        a threat to national security or public safety, 
                        except in extreme exigent circumstances.
                            ``(II) Extreme exigent circumstances 
                        defined.--In subclause (I), the term `extreme 
                        exigent circumstances' means circumstances 
                        under which--
                                    ``(aa) the failure to parole the 
                                alien would result in the immediate 
                                significant risk of loss of life or 
                                bodily function due to a medical 
                                emergency;
                                    ``(bb) the failure to parole the 
                                alien would conflict with medical 
                                advice as to the health or safety of 
                                the individual, detention facility 
                                staff, or other detainees; or
                                    ``(cc) there is an urgent need for 
                                the alien's presence for a law 
                                enforcement purpose, including for a 
                                prosecution or securing the alien's 
                                presence to appear as a material 
                                witness, or a national security 
                                purpose.
            ``(D) Termination of parole.--The Secretary of Homeland 
        Security shall determine when the purpose of parole of an alien 
        has been served and, upon such determination--
                    ``(i) the alien's case shall continue to be dealt 
                with in the same manner as that of any other applicant 
                for admission to the United States; and
                    ``(ii) if the alien was previously detained, the 
                alien shall be returned to the custody from which the 
                alien was paroled.
            ``(E) Limitations on use of advance parole.--
                    ``(i) Advance parole defined.--In this 
                subparagraph, the term `advance parole' means advance 
                approval for an alien applying for admission to the 
                United States to request at a port of entry in the 
                United States, a pre-inspection station, or a 
                designated field office of the Department of Homeland 
                Security, to be paroled into the United States under 
                subparagraph (A).
                    ``(ii) Approval and revocation of advance parole.--
                The Secretary of Homeland Security may, in the 
                Secretary's discretion, grant an application for 
                advance parole. Approval of an application for advance 
                parole shall not constitute a grant of parole under 
                subparagraph (A). A grant of parole into the United 
                States based on an approved application for advance 
                parole shall not be considered a parole for purposes of 
                qualifying for adjustment of status to lawful permanent 
                resident status in the United States under section 245 
                or 245A.
                    ``(iii) Revocation of advance parole.--The 
                Secretary may, in the Secretary's discretion, revoke a 
                grant of advance parole to an alien at any time, 
                regardless of whether the alien is inside or outside 
                the United States. Such revocation shall not be subject 
                to administrative appeal or judicial review.''.

SEC. 308. STOP DANGEROUS SANCTUARY CITIES ACT.

    (a) Short Title.--This section may be cited as the ``Stop Dangerous 
Sanctuary Cities Act''.
    (b) Ensuring That Local and Federal Law Enforcement Officers May 
Cooperate to Safeguard Our Communities.--
            (1) Authority to cooperate with federal officials.--A 
        State, a political subdivision of a State, or an officer, 
        employee, or agent of such State or political subdivision that 
        complies with a detainer issued by the Department under 
        sections 236, 241, or section 287 of the Immigration and 
        Nationality Act (8 U.S.C. 1226, 1231, or 1357)--
                    (A) shall be deemed to be acting as an agent of the 
                Department; and
                    (B) with regard to actions taken to comply with the 
                detainer, shall have all authority available to 
                officers and employees of the Department.
            (2) Legal proceedings.--In any legal proceeding brought 
        against a State, a political subdivision of State, or an 
        officer, employee, or agent of such State or political 
        subdivision, which challenges the legality of the seizure or 
        detention of an individual pursuant to a detainer issued by the 
        Department under section 236 or 287 of the Immigration and 
        Nationality Act (8 U.S.C. 1226, 1357)--
                    (A) no liability for false arrest or imprisonment 
                shall lie against the State or political subdivision of 
                a State for actions taken in compliance with the 
                detainer, which includes maintaining custody of the 
                alien in accordance with the instructions on the 
                detainer form and notifying the Department prior to the 
                alien's release from custody; and
                    (B) if the actions of the officer, employee, or 
                agent of the State or political subdivision were taken 
                in compliance with the detainer--
                            (i) the officer, employee, or agent shall 
                        be deemed--
                                    (I) to be an employee of the 
                                Federal Government and an investigative 
                                or law enforcement officer; and
                                    (II) to have been acting within the 
                                scope of his or her employment under 
                                section 1346(b) and chapter 171 of 
                                title 28, United States Code;
                            (ii) section 1346(b) of title 28, United 
                        States Code, shall provide the exclusive remedy 
                        for the plaintiff; and
                            (iii) the United States shall be 
                        substituted as defendant in the proceeding.
    (c) Sanctuary Jurisdiction Defined.--
            (1) In general.--Except as provided under subsection (2), 
        for purposes of this section, the term ``sanctuary 
        jurisdiction'' means any State or political subdivision of a 
        State that has in effect a statute, ordinance, policy, or 
        practice that prohibits or restricts any government entity or 
        official from--
                    (A) sending, receiving, maintaining, or exchanging 
                with any Federal, State, or local government entity 
                information regarding the citizenship or immigration 
                status (lawful or unlawful) of any individual; or
                    (B) complying with a request lawfully made by the 
                Department under section 236 or 287 of the Immigration 
                and Nationality Act (8 U.S.C. 1226, 1357) to comply 
                with a detainer for, or notify about the release of, an 
                individual.
            (2) Exception.--A State or political subdivision of a State 
        shall not be deemed a sanctuary jurisdiction based solely on 
        its having a policy whereby its officials will not share 
        information regarding, or comply with a request made by the 
        Department under section 236 or 287 of the Immigration and 
        Nationality Act (8 U.S.C. 1226, 1357) to comply with a detainer 
        regarding, an individual who comes forward as a victim or a 
        witness to a criminal offense.
    (d) Sanctuary Jurisdictions Ineligible for Certain Federal Funds.--
            (1) Economic development administration grants.--
                    (A) Grants for public works and economic 
                development.--Section 201(b) of the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3141(b)) is 
                amended--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (3), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(4) the area in which the project is to be carried out is 
        not a sanctuary jurisdiction (as defined in subsection (c) of 
        the Stop Dangerous Sanctuary Cities Act).''.
                    (B) Grants for planning and administrative 
                expenses.--Section 203(a) of the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3143(a)) is 
                amended by adding at the end the following: ``A 
                sanctuary jurisdiction (as defined in subsection (c) of 
                the Stop Dangerous Sanctuary Cities Act) may not be 
                deemed an eligible recipient under this subsection.''.
                    (C) Supplementary grants.--Section 205(a) of the 
                Public Works and Economic Development Act of 1965 (42 
                U.S.C. 3145(a)) is amended--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (3)(B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(4) will be carried out in an area that does not contain 
        a sanctuary jurisdiction (as defined in subsection (c) of the 
        Stop Dangerous Sanctuary Cities Act).''.
                    (D) Grants for training, research, and technical 
                assistance.--Section 207 of the Public Works and 
                Economic Development Act of 1965 (42 U.S.C. 3147) is 
                amended by adding at the end the following:
    ``(c) Ineligibility of Sanctuary Jurisdictions.--Grant funds under 
this section may not be used to provide assistance to a sanctuary 
jurisdiction (as defined in subsection (c) of the Stop Dangerous 
Sanctuary Cities Act).''.
            (2) Community development block grants.--
                    (A) Definitions.--Section 102(a) of the Housing and 
                Community Development Act of 1974 (42 U.S.C. 5302(a)) 
                is amended by adding at the end the following:
            ``(25) The term `sanctuary jurisdiction' has the meaning 
        given that term in subsection (c) of the Stop Dangerous 
        Sanctuary Cities Act.''.
                    (B) Eligible grantees.--
                            (i) In general.--Section 104(b) of the 
                        Housing and Community Development Act of 1974 
                        (42 U.S.C. 5304(b)) is amended--
                                    (I) in paragraph (5), by striking 
                                ``and'' at the end;
                                    (II) by redesignating paragraph (6) 
                                as paragraph (7); and
                                    (III) by inserting after paragraph 
                                (5) the following:
            ``(6) the grantee is not a sanctuary jurisdiction and will 
        not become a sanctuary jurisdiction during the period for which 
        the grantee receives a grant under this title; and''.
                            (ii) Protection of individuals against 
                        crime.--Section 104 of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5304) is amended by adding at the end the 
                        following:
    ``(n) Protection of Individuals Against Crime.--
            ``(1) In general.--No funds authorized to be appropriated 
        to carry out this title may be obligated or expended for any 
        State or unit of general local government that is a sanctuary 
        jurisdiction.
            ``(2) Returned amounts.--
                    ``(A) State.--If a State is a sanctuary 
                jurisdiction during the period for which it receives 
                amounts under this title, the Secretary--
                            ``(i) shall direct the State to immediately 
                        return to the Secretary any such amounts that 
                        the State received for that period; and
                            ``(ii) shall reallocate amounts returned 
                        under clause (i) for grants under this title to 
                        other States that are not sanctuary 
                        jurisdictions.
                    ``(B) Unit of general local government.--If a unit 
                of general local government is a sanctuary jurisdiction 
                during the period for which it receives amounts under 
                this title, any such amounts that the unit of general 
                local government received for that period--
                            ``(i) in the case of a unit of general 
                        local government that is not in a 
                        nonentitlement area, shall be returned to the 
                        Secretary for grants under this title to States 
                        and other units of general local government 
                        that are not sanctuary jurisdictions; and
                            ``(ii) in the case of a unit of general 
                        local government that is in a nonentitlement 
                        area, shall be returned to the Governor of the 
                        State for grants under this title to other 
                        units of general local government in the State 
                        that are not sanctuary jurisdictions.
                    ``(C) Reallocation rules.--In reallocating amounts 
                under subparagraphs (A) and (B), the Secretary--
                            ``(i) shall apply the relevant allocation 
                        formula under subsection (b), with all 
                        sanctuary jurisdictions excluded; and
                            ``(ii) shall not be subject to the rules 
                        for reallocation under subsection (c).''.

SEC. 309. REINSTATEMENT OF THE SECURE COMMUNITIES PROGRAM.

    (a) Reinstatement.--The Secretary shall reinstate and operate the 
Secure Communities program immigration enforcement program administered 
by U.S. Immigration and Customs Enforcement between 2008 and 2014.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $150,000,000 to carry out this section.

SEC. 310. PREVENTION AND DETERRENCE OF FRAUD IN OBTAINING RELIEF FROM 
              REMOVAL.

    (a) Restriction on Waiver of Inadmissibility of Criminal Grounds 
When Qualifying Relatives Benefitted From Fraud.--Section 212(h) of the 
Immigration and Nationality Act (8 U.S.C. 1182(h)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by redesignating clauses 
                (i), (ii), and (iii) as subclauses (I), (II), and 
                (III); and
                    (B) by redesignating subparagraphs (A), (B), and 
                (C) as clauses (i), (ii), and (iii);
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (3) by striking ``The Attorney General may, in his 
        discretion'' and inserting ``(1) The Secretary of Homeland 
        Security may, in the Secretary's discretion''; and
            (4) in the undesignated matter following paragraph (1)(B), 
        as redesignated, by striking ``No waiver'' and inserting the 
        following:
    ``(2) No waiver shall be available under this subsection if a 
preponderance of the evidence shows that the spouse, parent, son, or 
daughter procured, or sought to procure, any immigration status under 
this title based on fraud or material misrepresentation by the alien 
seeking the waiver. No waiver''.
    (b) Restriction on Waiver of Inadmissibility of Fraud Grounds When 
Qualifying Relatives Benefitted From Fraud.--Section 212(i)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is amended by 
adding at the end the following: ``No waiver shall be available under 
this subsection if a preponderance of the evidence shows that the 
spouse, parent, son, or daughter procured, or sought to procure, any 
immigration status under this title based on fraud or material 
misrepresentation by the alien seeking the waiver.''.
    (c) Restriction on Waiver of Deportability of Fraud Grounds When 
Qualifying Relatives Benefitted From Fraud.--Section 237(a)(1)(H) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
amended--
            (1) in clause (i), by redesignating subclauses (I) and (II) 
        as items (aa) and (bb);
            (2) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II);
            (3) by inserting ``(i)'' before ``The provisions''; and
            (4) by striking ``A waiver'' and inserting the following:
                    ``(ii) No waiver shall be available under this 
                subparagraph if a preponderance of the evidence shows 
                that the spouse, parent, son, or daughter procured, or 
                sought to procure, any immigration status under this 
                title based on fraud or material misrepresentation by 
                the alien seeking the waiver. A waiver''.
    (e) Restriction on Cancellation of Removal When Qualifying 
Relatives Benefitted From Fraud.--Section 240A(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1229b(b)(1)) is amended--
            (1) in paragraph (1), by redesignating subparagraphs (A) 
        through (D) as clauses (i) through (iv), respectively;
            (2) by inserting ``(A)'' before ``The Attorney General''; 
        and
            (3) by adding at the end the following:
            ``(B) No cancellation shall be available under this 
        paragraph if a preponderance of the evidence shows that the 
        spouse, parent, son, or daughter procured, or sought to 
        procure, any immigration status under this title based on fraud 
        or material misrepresentation by the alien seeking the 
        waiver.''.
    (e) Applicability.--The amendments made by this section shall apply 
to all applications for waivers or cancellation of removal submitted 
before, on, or after the date of enactment of this Act.

   Subtitle B--Protecting Children and America's Homeland Act of 2017

SEC. 320. SHORT TITLE.

    This subtitle may be cited as the ``Protecting Children and 
America's Homeland Act of 2017''.

SEC. 321. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    Section 235(a) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking the paragraph heading and inserting 
                ``Rules for unaccompanied alien children.--'';
                    (B) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``who is a national or habitual 
                resident of a country that is contiguous with the 
                United States shall be treated in accordance with 
                subparagraph (B)'' and inserting ``shall be treated in 
                accordance with subparagraph (B) of this paragraph or 
                subsection (b), as appropriate''; and
                    (C) in subparagraph (C)--
                            (i) by striking the subparagraph heading 
                        and inserting ``Agreements with foreign 
                        countries.--''; and
                            (ii) in the matter preceding clause (i), by 
                        striking ``countries contiguous to the United 
                        States'' and inserting ``Canada, El Salvador, 
                        Guatemala, Honduras, Mexico, and any other 
                        foreign country that the Secretary determines 
                        appropriate'';
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively;
            (3) inserting after paragraph (2) the following:
            ``(3) Mandatory expedited removal of criminals and gang 
        members.--Notwithstanding any other provision of law, including 
        section 235(a) of the William Wilberforce Trafficking 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)), the 
        Secretary of Homeland Security shall place an unaccompanied 
        alien child in a proceeding in accordance with section 235 of 
        the Immigration and Nationality Act (8 U.S.C. 1225) if, the 
        Secretary determines or has reason to believe the alien--
                    ``(A) has been convicted of, or found to be a 
                juvenile offender based on, any offense carrying a 
                maximum term of imprisonment of more than 180 days;
                    ``(B) has been convicted of, or found to be a 
                juvenile offender based on, an offense which involved--
                            ``(i) the use or attempted use of physical 
                        force, or threatened use of a deadly weapon;
                            ``(ii) the purchase, sell, offering for 
                        sale, exchange, use, owning, possession, or 
                        carrying, or of attempting or conspiring to 
                        purchase, sell, offer for sale, exchange, use, 
                        own, possess, or carry, any weapon, part, or 
                        accessory which is a firearm or destructive 
                        device (as defined in section 921(a) of title 
                        18, United States Code) in violation of any 
                        law;
                            ``(iii) child abuse and neglect (as defined 
                        in section 40002(a)(3) of the Violence Against 
                        Women Act of 1994 (42 U.S.C. 13925(a)(3));
                            ``(iv) assault resulting in bodily injury 
                        (as defined in section 2266 of title 18, United 
                        States Code);
                            ``(v) the violation of a protection order 
                        (as defined in section 2266 of title 18, United 
                        States Code);
                            ``(vi) driving while intoxicated or driving 
                        under the influence (as those terms are defined 
                        in section 164 of title 23, United States 
                        Code); or
                            ``(vii) any offense under foreign law, 
                        except for a purely political offense, which, 
                        if the offense had been committed in the United 
                        States, would render the alien inadmissible 
                        under section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a));
                    ``(C) has been convicted of, or found to be a 
                juvenile offender based on, more than 1 criminal 
                offense (other than minor traffic offenses);
                    ``(D) has been convicted of, or found to be a 
                juvenile offender based on a crime of violence or an 
                offense under Federal, State, or Tribal law, that has, 
                as an element, the use or attempted use of physical 
                force or the threatened use of physical force or a 
                deadly weapon;
                    ``(E) has engaged in, is engaged in, or is likely 
                to engage after entry, in any terrorist activity (as 
                defined in section 212(a)(3)(B)(iii) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), or 
                intends to participate or has participated in the 
                activities of a foreign terrorist organization (as 
                designated under section 219 of the Immigration and 
                Nationality Act (8 U.S.C. 1189));
                    ``(F) has engaged in, is engaged in, or any time 
                after a prior admission engages in activity described 
                in section 237(a)(4) of the Immigration and Nationality 
                Act (8 U.S.C. 1227(a)(4));
                    ``(G) is or was a member of a criminal gang (as 
                defined in paragraph (53) of section 101(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(53));
                    ``(H) provided materially false, fictitious, or 
                fraudulent information regarding age or identity to the 
                United States Government with the intent to be 
                inaccurately classified as an unaccompanied alien 
                child; or
                    ``(I) has entered the United States more than 1 
                time in violation of section 275(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1325(a)), knowing that 
                the entry was unlawful.
                    ``(J) has entered the United States more than 1 
                time in violation of section 275(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1325(a)), knowing that 
                the entry was unlawful.'';
            (4) in paragraph (4), as redesignated--
                    (A) by striking ``not described in paragraph 
                (2)(A)''; and
                    (B) by inserting ``who choose not to withdraw their 
                application for admission and return to their country 
                of nationality or country of last habitual residence'' 
                after ``port of entry'';
            (5) in paragraph (6)(D), as redesignated--
                    (A) by striking the subparagraph heading and 
                inserting ``Expedited due process and screening for 
                unaccompanied alien children.--'';
                    (B) in the matter preceding clause (i), by striking 
                ``, except for an unaccompanied alien child from a 
                contiguous country subject to the exceptions under 
                subsection (a)(2), shall be--'' and inserting ``who 
                meets the criteria listed in paragraph (2)(A) and who 
                chooses not to withdraw his or her application for 
                admission and return to the unaccompanied alien child's 
                country of nationality or country of last habitual 
                residence as permitted under section 235B(c)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1225b(c)(5))--'';
                    (C) by striking clause (i) and inserting the 
                following:
                            ``(i) shall be placed in a proceeding in 
                        accordance with section 235B of the Immigration 
                        and Nationality Act (8 U.S.C. 1225b), which 
                        shall commence not later than 7 days after the 
                        screening of an unaccompanied alien child 
                        described in paragraph (5);'';
                    (D) by redesignating clauses (ii) and (iii) as 
                clauses (iii) and (iv), respectively;
                    (E) by inserting after clause (i) the following:
                            ``(ii) may not be placed in the custody of 
                        a nongovernmental sponsor or otherwise released 
                        from the immediate custody of the United States 
                        Government until the child is repatriated 
                        unless the child--
                                    ``(I) is the subject of an order 
                                under section 235B(e)(1) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1225b(e)(1)); and
                                    ``(II) is placed or released in 
                                accordance with subsection (c)(2)(C) of 
                                this section.'';
                    (F) in clause (iii), as redesignated, by inserting 
                ``is'' before ``eligible''; and
                    (G) in clause (iv), as redesignated, by inserting 
                ``shall be'' before ``provided''.

SEC. 322. EXPEDITED DUE PROCESS AND SCREENING FOR UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) Humane and Expedited Inspection and Screening for Unaccompanied 
Alien Children.--
            (1) In general.--Chapter 4 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
        inserting after section 235A the following:

``SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND SCREENING FOR 
              UNACCOMPANIED ALIEN CHILDREN.

    ``(a) Asylum Officer Defined.--In this section, the term `asylum 
officer' means an immigration officer who--
            ``(1) has had professional training in country conditions, 
        asylum law, and interview techniques comparable to that 
        provided to full-time adjudicators of applications under 
        section 208; and
            ``(2) is supervised by an officer who--
                    ``(A) meets the condition described in paragraph 
                (1); and
                    ``(B) has had substantial experience adjudicating 
                applications under section 208.
    ``(b) Proceeding.--
            ``(1) In general.--Not later than 7 days after the 
        screening of an unaccompanied alien child under section 
        235(a)(5) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(a)(5)), 
        an immigration judge shall--
                    ``(A) conduct and conclude a proceeding to inspect, 
                screen, and determine the status of the unaccompanied 
                alien child who is an applicant for admission to the 
                United States; and
                    ``(B) in the case of an unaccompanied alien child 
                seeking asylum, conduct fact finding to determine 
                whether the unaccompanied alien child meets the 
                definition of an unaccompanied alien child under 
                section 235(g) of the William Wilberforce Trafficking 
                Victims Protection Reauthorization Act of 2008 (8 
                U.S.C. 1232(g)).
            ``(2) Time limit.--Not later than 72 hours after the 
        conclusion of a proceeding with respect to an unaccompanied 
        alien child under this section, the immigration judge who 
        conducted such proceeding shall issue an order pursuant to 
        subsection (e).
    ``(c) Conduct of Proceeding.--
            ``(1) Authority of immigration judge.--The immigration 
        judge conducting a proceeding under this section--
                    ``(A) shall administer oaths, receive evidence, and 
                interrogate, examine, and cross-examine the 
                unaccompanied alien child and any witnesses;
                    ``(B) is authorized to sanction by civil money 
                penalty any action (or inaction) in contempt of the 
                judge's proper exercise of authority under this Act; 
                and
                    ``(C) shall determine whether the unaccompanied 
                alien child meets any of the criteria set out in 
                subparagraphs (A) through (I) of paragraph (3) of 
                section 235(a) of the William Wilberforce Trafficking 
                Victims Protection Reauthorization Act of 2008 (8 
                U.S.C. 1232(a)), and if so, order the alien removed 
                under subsection (e)(2) of this section.
            ``(2) Form of proceeding.--A proceeding under this section 
        may take place--
                    ``(A) in person;
                    ``(B) at a location agreed to by the parties, in 
                the absence of the unaccompanied alien child;
                    ``(C) through video conference; or
                    ``(D) through telephone conference.
            ``(3) Presence of alien.--If it is impracticable by reason 
        of the mental incompetency of the unaccompanied alien child for 
        the alien to be present at the proceeding, the Attorney General 
        shall prescribe safeguards to protect the rights and privileges 
        of the alien.
            ``(4) Rights of the alien.--In a proceeding under this 
        section--
                    ``(A) the unaccompanied alien child shall be 
                provided access to counsel in accordance with section 
                235(c)(5) of the William Wilberforce Trafficking 
                Victims Protection Reauthorization Act of 2008 (8 
                U.S.C. 1232(c)(5));
                    ``(B) the alien shall be given a reasonable 
                opportunity--
                            ``(i) to examine the evidence against the 
                        alien;
                            ``(ii) to present evidence on the alien's 
                        own behalf; and
                            ``(iii) to cross-examine witnesses 
                        presented by the Government;
                    ``(C) the rights set forth in subparagraph (B) 
                shall not entitle the alien--
                            ``(i) to examine such national security 
                        information as the Government may proffer in 
                        opposition to the alien's admission to the 
                        United States; or
                            ``(ii) to an application by the alien for 
                        discretionary relief under this Act; and
                    ``(D) a complete record shall be kept of all 
                testimony and evidence produced at the proceeding.
            ``(5) Withdrawal of application for admission.--An 
        unaccompanied alien child applying for admission to the United 
        States may, and at any time prior to the issuance of a final 
        order of removal, be permitted to withdraw the application and 
        immediately be returned to the alien's country of nationality 
        or country of last habitual residence.
            ``(6) Consequences of failure to appear.--An unaccompanied 
        alien child who does not attend a proceeding under this 
        section, shall be ordered removed, except under exceptional 
        circumstances where the alien's absence is the fault of the 
        Government, a medical emergency, or an act of nature.
    ``(d) Decision and Burden of Proof.--
            ``(1) Decision.--
                    ``(A) In general.--At the conclusion of a 
                proceeding under this section, the immigration judge, 
                notwithstanding section 235(b), shall determine whether 
                an unaccompanied alien child is likely to be--
                            ``(i) admissible to the United States; or
                            ``(ii) eligible for any form of relief from 
                        removal under this Act.
                    ``(B) Evidence.--The determination of the 
                immigration judge under subparagraph (A) shall be based 
                only on the evidence produced at the hearing.
            ``(2) Burden of proof.--
                    ``(A) In general.--In a proceeding under this 
                section, an unaccompanied alien child who is an 
                applicant for admission has the burden of establishing, 
                by clear and convincing evidence, that the alien--
                            ``(i) is likely to be entitled to be 
                        lawfully admitted to the United States or 
                        eligible for any form of relief from removal 
                        under this Act; or
                            ``(ii) is lawfully present in the United 
                        States pursuant to a prior admission.
                    ``(B) Access to documents.--In meeting the burden 
                of proof under subparagraph (A)(ii), the alien shall be 
                given access to--
                            ``(i) the alien's visa or other entry 
                        document, if any; and
                            ``(ii) any other records and documents, not 
                        considered by the Attorney General to be 
                        confidential, pertaining to the alien's 
                        admission or presence in the United States.
    ``(e) Orders.--
            ``(1) Placement in further proceedings.--If an immigration 
        judge determines that the unaccompanied alien child has met the 
        burden of proof under subsection (d)(2), the immigration judge 
        shall--
                    ``(A) order the alien to be placed in further 
                proceedings in accordance with section 240; and
                    ``(B) order the Secretary of Homeland Security to 
                place the alien on the U.S. Immigration and Customs 
                Enforcement detained docket for purposes of carrying 
                out such proceedings.
            ``(2) Orders of removal.--If an immigration judge 
        determines that the unaccompanied alien child has not met the 
        burden of proof required under subsection (d)(2), the judge 
        shall order the alien removed from the United States without 
        further hearing or review unless the alien claims--
                    ``(A) an intention to apply for asylum under 
                section 208;
                    ``(B) a fear of persecution; or
                    ``(C) a fear of torture.
            ``(3) Claims for asylum.--If an unaccompanied alien child 
        described in paragraph (2) claims an intention to apply for 
        asylum under section 208 or a fear of persecution, or fear of 
        torture, the immigration judge shall order the alien referred 
        for an interview by an asylum officer under subsection (f).
    ``(f) Asylum Interviews.--
            ``(1) Credible fear of persecution defined.--In this 
        subsection, the term `credible fear of persecution' means, 
        after taking into account the credibility of the statements 
        made by an unaccompanied alien child in support of the alien's 
        claim and such other facts as are known to the asylum officer, 
        there is a significant possibility that the alien could 
        establish eligibility for asylum under section 208 or for 
        protection from removal based on Article 3 of the Convention 
        Against Torture and Other Cruel, Inhuman or Degrading Treatment 
        or Punishment.
            ``(2) Conduct by asylum officer.--An asylum officer shall 
        conduct the interviews of an unaccompanied alien child referred 
        under subsection (e)(3).
            ``(3) Referral of certain aliens.--If the asylum officer 
        determines at the time of the interview that an unaccompanied 
        alien child has a credible fear of persecution or torture, the 
        alien shall be held in the custody of the Secretary for Health 
        and Human Services pursuant to section 235(b) of the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008 (8 U.S.C. 1232(b)) during further consideration of the 
        application for asylum.
            ``(4) Removal without further review if no credible fear of 
        persecution or torture.--
                    ``(A) In general.--Subject to subparagraph (C), if 
                the asylum officer determines that an unaccompanied 
                alien child does not have a credible fear of 
                persecution or torture, the Secretary shall order the 
                alien removed from the United States without further 
                hearing or review.
                    ``(B) Record of determination.--The asylum officer 
                shall prepare a written record of a determination under 
                subparagraph (A), which shall include--
                            ``(i) a summary of the material facts as 
                        stated by the alien;
                            ``(ii) such additional facts (if any) 
                        relied upon by the asylum officer;
                            ``(iii) the asylum officer's analysis of 
                        why, in light of such facts, the alien has not 
                        established a credible fear of persecution; and
                            ``(iv) a copy of the asylum officer's 
                        interview notes.
                    ``(C) Review of determination.--
                            ``(i) Rulemaking.--The Attorney General 
                        shall establish, by regulation, a process by 
                        which an immigration judge will conduct a 
                        prompt review, upon the alien's request, of a 
                        determination under subparagraph (A) that the 
                        alien does not have a credible fear of 
                        persecution.
                            ``(ii) Mandatory components.--The review 
                        described in clause (i)--
                                    ``(I) shall include an opportunity 
                                for the alien to be heard and 
                                questioned by the immigration judge, 
                                either in person or by telephonic or 
                                video connection; and
                                    ``(II) shall be concluded as 
                                expeditiously as possible, to the 
                                maximum extent practicable within 24 
                                hours, but in no case later than 7 days 
                                after the date of the determination 
                                under subparagraph (A).
                    ``(D) Mandatory protective custody.--Any alien 
                subject to the procedures under this paragraph shall be 
                held in the custody of the Secretary of Health and 
                Human Services pursuant to section 235(b) of the 
                William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(b))--
                            ``(i) pending a final determination of an 
                        application for asylum under this subsection; 
                        and
                            ``(ii) after a determination under this 
                        subsection that the alien does not have a 
                        credible fear of persecution or torture, until 
                        the alien is removed.
    ``(g) Limitation on Administrative Review.--
            ``(1) In general.--Except as provided in subsection 
        (f)(4)(C) and paragraph (2), a removal order entered in 
        accordance with subsection (e)(2) or (f)(4)(A) is not subject 
        to administrative appeal.
            ``(2) Rulemaking.--The Attorney General shall establish, by 
        regulation, a process for the prompt review of an order under 
        subsection (e)(2) against an alien who claims under oath, or as 
        permitted under penalty of perjury under section 1746 of title 
        28, United States Code, after having been warned of the 
        penalties for falsely making such claim under such conditions 
        to have been--
                    ``(A) lawfully admitted for permanent residence;
                    ``(B) admitted as a refugee under section 207; or
                    ``(C) granted asylum under section 208.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 235A the 
        following:

``Sec. 235B. Humane and expedited inspection and screening for 
                            unaccompanied alien children.''.
    (b) Judicial Review of Orders of Removal.--Section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``section 
                235(b)(1))'' and inserting ``section 235(b)(1) or an 
                order of removal issued to an unaccompanied alien child 
                after proceedings under section 235B)''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or section 235B'' after 
                        ``section 235(b)(1)'' each place that term 
                        appears; and
                            (ii) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                striking ``235(b)(1).--'' and inserting 
                                ``235(b)(1) and 235B.--''; and
                                    (II) in clause (iii), by striking 
                                ``section 235(b)(1)(B),'' and inserting 
                                ``section 235(b)(1)(B) or 235B(f);''; 
                                and
            (2) in subsection (e)--
                    (A) in the subsection heading, striking 
                ``235(b)(1).--'' and inserting ``235(b)(1) or 235B.--
                '';
                    (B) by inserting ``or section 235B'' after 
                ``section 235(b)(1)'' each place that term appears;
                    (C) in subparagraph (2)(C), by inserting ``or 
                section 235B(g)'' after ``section 235(b)(1)(C)''; and
                    (D) in subparagraph (3)(A), by inserting ``or 
                section 235B'' after ``section 235(b)''.

SEC. 323. CHILD WELFARE AND LAW ENFORCEMENT INFORMATION SHARING.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) is amended by 
adding at the end the following:
            ``(5) Information sharing.--
                    ``(A) Immigration status.--If the Secretary of 
                Health and Human Services considers placement of an 
                unaccompanied alien child with a potential sponsor, the 
                Secretary of Homeland Security shall provide to the 
                Secretary of Health and Human Services the immigration 
                status of such potential sponsor prior to the placement 
                of the unaccompanied alien child.
                    ``(B) Other information.--The Secretary of Health 
                and Human Services shall provide to the Secretary of 
                Homeland Security and the Attorney General upon request 
                any relevant information related to an unaccompanied 
                alien child who is or has been in the custody of the 
                Secretary of Health and Human Services, including the 
                location of the child and any person to whom custody of 
                the child has been transferred, for any legitimate law 
                enforcement objective, including enforcement of the 
                immigration laws.''.

SEC. 324. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

    Section 235(b) of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)), as amended 
by section 323, is further amended by inserting at the end the 
following:
            ``(6) Inspection of facilities.--The Inspector General of 
        the Department of Health and Human Services shall conduct 
        regular inspections of facilities utilized by the Secretary of 
        Health and Human Services to provide care and custody of 
        unaccompanied alien children who are in the immediate custody 
        of the Secretary to ensure that such facilities are operated in 
        the most efficient manner practicable.
            ``(7) Facility operations costs.--The Secretary of Health 
        and Human Services shall ensure that facilities utilized to 
        provide care and custody of unaccompanied alien children are 
        operated efficiently and at a rate of cost that is not greater 
        than $500 per day for each child housed or detained at such 
        facility, unless the Secretary certifies that compliance with 
        this requirement is temporarily impossible due to emergency 
        circumstances.''.

SEC. 325. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL REMOVAL 
              PROCEEDING.

    (a) Custody of Unaccompanied Alien Children.--Section 235(c) of the 
William Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(c)) is amended--
            (1) in paragraph (2), by adding at the end the following:
                    ``(C) Children in formal removal proceedings.--
                            ``(i) Limitation on placement.--
                        Notwithstanding any settlement or consent 
                        decree previously issued before date of 
                        enactment of the Building America's Trust Act 
                        and section 236.3 of title 8, Code of Federal 
                        Regulations, or similar successor regulation, 
                        an unaccompanied alien child who has been 
                        placed in a proceeding under section 240 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1229a) may not be placed in the custody of a 
                        nongovernmental sponsor or otherwise released 
                        from the immediate custody of the United States 
                        Government unless--
                                    ``(I) the nongovernmental sponsor 
                                is a biological or adoptive parent or 
                                legal guardian of the alien child;
                                    ``(II) the parent or legal guardian 
                                is legally present in the United States 
                                at the time of the placement;
                                    ``(III) the parent or legal 
                                guardian has undergone a mandatory 
                                biometric criminal history check;
                                    ``(IV) if the nongovernmental 
                                sponsor is the biological parent, the 
                                parent's relationship to the alien 
                                child has been verified through DNA 
                                testing conducted by the Secretary of 
                                Health and Human Services;
                                    ``(V) if the nongovernmental 
                                sponsor is the adoptive parent, the 
                                parent's relationship to the alien 
                                child has been verified with the 
                                judicial court that issued the final 
                                legal adoption decree by the Secretary 
                                of Health and Human Services; and
                                    ``(VI) the Secretary of Health and 
                                Human Services has determined that the 
                                alien child is not a danger to self, 
                                danger to the community, or risk of 
                                flight.
                            ``(ii) Exceptions.--If the Secretary of 
                        Health and Human Services determines that an 
                        unaccompanied alien child is a victim of severe 
                        forms of trafficking in persons (as defined in 
                        section 103 of the Trafficking Victims 
                        Protection Act of 2000 (22 U.S.C. 7102)), a 
                        special needs child with a disability (as 
                        defined in section 3 of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12102)), a 
                        child who has been a victim of physical or 
                        sexual abuse under circumstances that indicate 
                        that the child's health or welfare has been 
                        significantly harmed or threatened, or a child 
                        with mental health needs that require ongoing 
                        assistance from a social welfare agency, the 
                        alien child may be placed with a grandparent or 
                        adult sibling if the grandparent or adult 
                        sibling meets the requirements set out in 
                        subclauses (II), (III), and (IV) of clause (i).
                            ``(iii) Monitoring.--
                                    ``(I) In general.--In the case of 
                                an alien child who is 17 years of age 
                                or younger and is placed with a 
                                nongovernmental sponsor under 
                                subparagraph (2)(C), such 
                                nongovernmental sponsor shall--
                                            ``(aa) enroll in the 
                                        alternative to detention 
                                        program of U.S. Immigration and 
                                        Customs Enforcement; and
                                            ``(bb) continuously wear an 
                                        electronic monitoring device 
                                        while the alien child is in 
                                        removal proceedings.
                                    ``(II) Penalty for monitor 
                                tampering.--If an electronic monitoring 
                                device required by subclause (I) is 
                                tampered with, the sponsor of the alien 
                                child shall be subject to a civil 
                                penalty of $150 for each day the 
                                monitor is not functioning due to the 
                                tampering, up to a maximum of $3,000.
                            ``(iv) Effect of violation of conditions.--
                        The Secretary of Health and Human Services 
                        shall remove an unaccompanied alien child from 
                        a sponsor if the sponsor violates the terms of 
                        the agreement specifying the conditions under 
                        which the alien was placed with the sponsor.
                            ``(v) Failure to appear.--
                                    ``(I) Civil penalty.--If an 
                                unaccompanied alien child is placed 
                                with a sponsor and fails to appear in a 
                                mandatory court appearance, the sponsor 
                                shall be subject to a civil penalty of 
                                $250 for each day until the alien 
                                appears in court, up to a maximum of 
                                $5,000.
                                    ``(II) Burden of proof.--The 
                                sponsor is not subject to the penalty 
                                imposed under subclause (I) if the 
                                sponsor--
                                            ``(aa) appears in person 
                                        and proves to the immigration 
                                        court that the failure to 
                                        appear by the unaccompanied 
                                        alien child was not the fault 
                                        of the sponsor; and
                                            ``(bb) supplies the 
                                        immigration court with 
                                        documentary evidence that 
                                        supports the assertion 
                                        described in item (aa).
                            ``(vi) Prohibition on placement with sex 
                        offenders and human traffickers.--The Secretary 
                        of Health and Human Services may not place an 
                        unaccompanied alien child under this 
                        subparagraph in the custody of an individual 
                        who has been convicted of, or the Secretary has 
                        reason to believe was otherwise involved in the 
                        commission of--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (42 
                                U.S.C. 16911));
                                    ``(II) a crime involving severe 
                                forms of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102)); or
                                    ``(III) an offense under Federal, 
                                State, or Tribal law, that has, as an 
                                element, the use or attempted use of 
                                physical force or the threatened use of 
                                physical force or a deadly weapon.
                            ``(vii) Requirements of criminal background 
                        check.--A biometric criminal history check 
                        required by clause (i)(III) shall be conducted 
                        using a set of fingerprints or other biometric 
                        identifier through--
                                    ``(I) the Federal Bureau of 
                                Investigation;
                                    ``(II) criminal history 
                                repositories of all States that the 
                                individual lists as current or former 
                                residences; and
                                    ``(III) any other State or Federal 
                                database or repository that the 
                                Secretary of Health and Human Services 
                                determines is appropriate.''.
    (b) Home Studies and Follow-up Services for Unaccompanied Alien 
Children.--Section 235(c) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is 
amended in paragraph (3) by--
            (1) redesignating subparagraph (C) as (D); and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Home studies.--
                            ``(i) In general.--Before placing the child 
                        with an individual, the Secretary of Health and 
                        Human Services shall first determine whether a 
                        home study is necessary.
                            ``(ii) Required home studies.--A home study 
                        shall be conducted for a child--
                                    ``(I) who is a victim of a severe 
                                form of trafficking in persons, a 
                                special needs child with a disability 
                                (as defined in section 12102 of title 
                                42);
                                    ``(II) who has been a victim of 
                                physical or sexual abuse under 
                                circumstances that indicate that the 
                                child's health or welfare has been 
                                significantly harmed or threatened; or
                                    ``(III) whose proposed sponsor 
                                clearly presents a risk of abuse, 
                                maltreatment, exploitation, or 
                                trafficking to the child based on all 
                                available objective evidence.
                    ``(C) Follow-up services and additional home 
                studies.--
                            ``(i) Pendency of removal proceedings.--
                        Every six months, the Secretary of Health and 
                        Human Services shall conduct follow-up services 
                        for children for whom a home study was 
                        conducted and who were placed with a 
                        nongovernmental sponsor until initial removal 
                        proceedings have been completed and the 
                        immigration judge has issued an order of 
                        removal, granted voluntary departure under 
                        section 240B, or granted the alien relief from 
                        removal.
                            ``(ii) Children with mental health or other 
                        needs.--Every six months, for up to two years 
                        from the date of placement with a 
                        nongovernmental sponsor, he Secretary of Health 
                        and Human Services shall conduct follow-up 
                        services for children with mental health needs 
                        or other needs that could benefit from ongoing 
                        assistance from a social welfare agency.
                            ``(iii) Children at risk.--Every six 
                        months, for up to two years from the date of 
                        placement with a nongovernmental sponsor, the 
                        Secretary of Health and Human Services shall 
                        conduct home studies and follow-up services, 
                        including partnering with local community 
                        programs that focus on early am and after-
                        school programs for at risk children who need a 
                        secure environment to engage in studying, 
                        training, and skills-building programs and who 
                        are at risk for recruitment by criminal gangs 
                        or other transnational criminal organizations 
                        in the United States.''.
    (c) Clarification of Special Immigrant Juvenile Definition.--
Section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(27)(J)) is amended--
            (1) by amending subparagraph (i) to read as follows:
                            ``(i) who, before reaching 18 years of age, 
                        was declared dependent on a juvenile court 
                        located in the United States or whom such a 
                        court has legally committed to, or placed under 
                        the custody of, an agency or department of a 
                        State, or an individual or entity appointed by 
                        a State or juvenile court located in the United 
                        States, and whose reunification with either 
                        parent of the immigrant is not viable due to 
                        abuse, neglect, abandonment, or a similar basis 
                        found under State law;'';
            (2) in subparagraph (ii), by striking ``and'' at the end;
            (3) in subparagraph (iii)(II), by inserting ``and'' at the 
        end; and
            (4) by adding at the end the following:
                            ``(iv) in whose case the Secretary of 
                        Homeland Security has made the determination 
                        that the alien is an unaccompanied alien child 
                        (as defined in section 462(g) of the Homeland 
                        Security Act of 2002 (6 U.S.C. 279(g))).''.

SEC. 326. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children
    ``(a) In General.--It shall be unlawful for a person to obtain 
custody of an unaccompanied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
            ``(1) by making any materially false, fictitious, or 
        fraudulent statement or representation; or
            ``(2) by making or using any false writing or document 
        knowing the same to contain any materially false, fictitious, 
        or fraudulent statement or entry.
    ``(b) Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, this section shall be fined under this 
        title and imprisoned for not less than 1 year.
            ``(2) Enhanced penalty for trafficking.--If the primary 
        purpose of the violation, attempted violation, or conspiracy to 
        violate this section was to subject the child to sexually 
        explicit activity or any other form of exploitation, the 
        offender shall be fined under this title and imprisoned for not 
        less than 15 years.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
47 of title 18, United States Code, is amended by inserting after the 
item relating to section 1040 the following:

``Sec. 1041. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.''.

SEC. 327. NOTIFICATION OF STATES AND FOREIGN GOVERNMENTS, REPORTING, 
              AND MONITORING.

    (a) Notification.--Section 235 of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232) is amended by adding at the end the following:
    ``(j) Notification to States.--
            ``(1) Prior to placement.--The Secretary of Homeland 
        Security or the Secretary of Health and Human Services shall 
        notify the Governor of a State not later than 48 hours prior to 
        the placement of an unaccompanied alien child from in custody 
        of such Secretary in the care of a facility or sponsor in such 
        State.
            ``(2) Initial reports.--Not later than 60 days after the 
        date of the enactment of the Protecting Children and America's 
        Homeland Act of 2017, the Secretary of Health and Human 
        Services shall submit a report to the Governor of each State in 
        which an unaccompanied alien child was discharged to a sponsor 
        or placed in a facility while remaining in the legal custody of 
        the Secretary during the period beginning October 1, 2013 and 
        ending on the date of the enactment of the Protecting Children 
        and America's Homeland Act of 2017.
            ``(3) Monthly reports.--The Secretary of Health and Human 
        Services shall submit a monthly report to the Governor of each 
        State in which, during the reporting period, unaccompanied 
        alien children were discharged to a sponsor or placed in a 
        facility while remaining in the legal custody of the Secretary 
        of Health and Human Services.
            ``(4) Contents.--Each report required to be submitted to 
        the Governor of a State under paragraph (2) or (3) shall 
        identify the number of unaccompanied alien children placed in 
        the State during the reporting period, disaggregated by--
                    ``(A) the locality in which the aliens were placed; 
                and
                    ``(B) the age of such aliens.
    ``(k) Notification of Foreign Country.--The Secretary of Homeland 
Security shall provide information regarding each unaccompanied alien 
child to the government of the country of which the child is a national 
to assist such government with the identification and reunification of 
such child with their parent or other qualifying relative.
    ``(l) Monitoring Requirement.--The Secretary of Health and Human 
Services shall--
            ``(1) require all sponsors to agree--
                    ``(A) to receive approval from the Secretary of 
                Health and Human Services prior to changing the 
                location in which the sponsor is housing an 
                unaccompanied alien child placed in the sponsor's 
                custody; and
                    ``(B) to provide a current address for the child 
                and the reason for the change of address;
            ``(2) provide regular and frequent monitoring of the 
        physical and emotional well-being of each unaccompanied alien 
        child who has been discharged to a sponsor or remained in the 
        legal custody of the Secretary until the child's immigration 
        case is resolved; and
            ``(3) not later than 60 days after the date of the 
        enactment of this Act, provide to Congress a plan for 
        implementing the requirements under paragraphs (1) and (2).''.

SEC. 328. EMERGENCY IMMIGRATION JUDGE RESOURCES.

    (a) Designation.--Not later than 14 days after the date of the 
enactment of this Act, the Attorney General shall designate up to 100 
immigration judges, including through the hiring of retired immigration 
judges, magistrate judges, or administrative law judges, or the 
reassignment of current immigration judges, that are dedicated--
            (1) to conducting humane and expedited inspection and 
        screening for unaccompanied alien children under section 235B 
        of the Immigration and Nationality Act, as added by section 
        322; or
            (2) to reducing existing backlogs in immigration court 
        proceedings initiated under section 239 of the Immigration and 
        Nationality Act (8 U.S.C. 1229).
    (b) Requirement.--The Attorney General shall ensure that sufficient 
immigration judge resources are dedicated to the purpose described in 
subsection (a)(1) to comply with the requirement under section 
235B(b)(1) of the Immigration and Nationality Act, as added by section 
322.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for each of the fiscal years 2018 through 2022 
to implement this section.

SEC. 329. REPORTS TO CONGRESS.

    (a) Reports on Care of Unaccompanied Alien Children.--Not later 
than September 30, 2019, the Secretary of Health and Human Services 
shall submit to Congress and make publically available a report that 
includes--
            (1) a detailed summary of the contracts in effect to care 
        for and house unaccompanied alien children, including the names 
        and locations of contractors and the facilities being used;
            (2) the cost per day to care for and house an unaccompanied 
        alien child, including an explanation of such cost;
            (3) the number of unaccompanied alien children who have 
        been released to a sponsor, if any;
            (4) a list of the States to which unaccompanied alien 
        children have been released from the custody of the Secretary 
        of Health and Human Services to the care of a sponsor or 
        placement in a facility;
            (5) the number of unaccompanied alien children who have 
        been released to a sponsor who is not lawfully present in the 
        United States, including the country of nationality or last 
        habitual residence and age of such children;
            (6) a determination of whether more than 1 unaccompanied 
        alien child has been released to the same sponsor, including 
        the number of children who were released to such sponsor;
            (7) an assessment of the extent to which the Secretary of 
        Health and Human Services is monitoring the release of 
        unaccompanied alien children, including home studies done and 
        electronic monitoring devices used;
            (8) an assessment of the extent to which the Secretary of 
        Health and Human Services is making efforts--
                    (A) to educate unaccompanied alien children about 
                their legal rights; and
                    (B) to provide unaccompanied alien children with 
                access to pro bono counsel; and
            (9) the extent of the public health issues of unaccompanied 
        alien children, including contagious diseases, the benefits or 
        medical services provided, and the outreach to States and 
        localities about public health issues, that could affect the 
        public.
    (b) Reports on Repatriation Agreements.--Not later than September 
30, 2018, the Secretary of State shall submit to Congress and make 
publically available a report that--
            (1) describes--
                    (A) any repatriation agreement for unaccompanied 
                alien children in effect and a copy of such agreement; 
                and
                    (B) any such repatriation agreement that is being 
                considered or negotiated; and
            (2) describes the funding provided to the 20 countries that 
        have the highest number of nationals entering the United States 
        as unaccompanied alien children, including amounts provided--
                    (A) to deter the nationals of each country from 
                illegally entering the United States; and
                    (B) to care for or reintegrate repatriated 
                unaccompanied alien children in the country of 
                nationality or last habitual residence.
    (c) Reports on Returns to Country of Nationality.--Not later than 
September 30, 2019, the Secretary of Homeland Security shall submit to 
Congress and make publicly available a report that describes--
            (1) the number of unaccompanied alien children who have 
        voluntarily returned to their country of nationality or 
        habitual residence, disaggregated by--
                    (A) country of nationality or habitual residence; 
                and
                    (B) age of the unaccompanied alien children;
            (2) the number of unaccompanied alien children who have 
        been returned to their country of nationality or habitual 
        residence, including assessment of the length of time such 
        children were present in the United States;
            (3) the number of unaccompanied alien children who have not 
        been returned to their country of nationality or habitual 
        residence pending travel documents or other requirements from 
        such country, including how long they have been waiting to 
        return; and
            (4) the number of unaccompanied alien children who were 
        granted relief in the United States, whether through asylum, 
        any other immigration benefit or status, or deferred action.
    (d) Reports on Immigration Proceedings.--Not later than September 
30, 2019, and once every 3 months thereafter, the Secretary of Homeland 
Security, in coordination with the Director of the Executive Office for 
Immigration Review, shall submit to Congress and make publically 
available a report that describes--
            (1) the number of unaccompanied alien children who, after 
        proceedings under section 235(b) of the Immigration and 
        Nationality Act, as added by section 312, were returned to 
        their country of nationality or habitual residence, 
        disaggregated by--
                    (A) country of nationality or residence; and
                    (B) age and gender of such aliens;
            (2) the number of unaccompanied alien children who, after 
        proceedings under such section 235B, prove a claim of 
        admissibility and are placed in proceedings under section 240 
        of the Immigration and Nationality Act (8 U.S.C. 1229a);
            (3) the number of unaccompanied alien children who fail to 
        appear at a removal hearing that such alien was required to 
        attend;
            (4) the number of sponsors who were levied a penalty, 
        including the amount and whether the penalty was collected, for 
        the failure of an unaccompanied alien child to appear at a 
        removal hearing; and
            (5) the number of aliens that are classified as 
        unaccompanied alien children, the ages and countries of 
        nationality of such children, and the orders issued by the 
        immigration judge at the conclusion of proceedings under such 
        section 235B for such children.

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.

    (a) Criminal Penalties for Human Smuggling and Trafficking.--
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended--
            (1) in paragraph (1)(B)--
                    (A) by redesignating clauses (iii) and (iv) as 
                clauses (vi) and (vii), respectively;
                    (B) in clause (vi), as redesignated, by inserting 
                ``for not less than 10 years and'' before ``not more 
                than 20 years,''; and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) in the case of a violation of 
                        subparagraph (A)(i), (ii), (iii), (iv), or (v) 
                        that is the third or subsequent violation 
                        committed by such person under this section, 
                        shall be fined under title 18, imprisoned for 
                        not less than 5 years and not more than 25 
                        years, or both;
                            ``(iv) in the case of a violation of 
                        subparagraph (A)(i), (ii), (iii), (iv), or (v) 
                        that recklessly, knowingly, or intentionally 
                        results in a victim being involuntarily forced 
                        into labor or prostitution, shall be fined 
                        under title 18, imprisoned for not less than 5 
                        years and not more than 25 years, or both;
                            ``(v) in the case of a violation of 
                        subparagraph (A)(i),(ii),(iii),(iv),or (v) 
                        during and in relation to which any person is 
                        subjected to an involuntary sexual act (as 
                        defined in section 2246(2) of title 18), be 
                        fined under title 18, imprisoned for not less 
                        than 5 years and not more than 25 years, or 
                        both;''and
            (2) by adding at the end the following:
    ``(5) Any person who, knowing that a person is an alien in unlawful 
transit from one country to another or on the high seas, transports, 
moves, harbors, conceals, or shields from detection such alien outside 
of the United States when the alien is seeking to enter the United 
States without official permission or legal authority, shall for, each 
alien in respect to whom a violation of this paragraph occurs, be fined 
under title 18, United States Code, imprisoned not more than 10 years, 
or both.''.
    (b) Seizure and Forfeiture.--Section 274(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1324(b)(1)) is amended to read as 
follows:
            ``(1) In general.--Any property, real or personal, involved 
        in or used to facilitate the commission of a violation or 
        attempted violation of subsection (a), the gross proceeds of 
        such violation or attempted violation, and any property 
        traceable to such property or proceeds, shall be seized and 
        subject to forfeiture.''.
    (c) Statute of Limitations for Fraud Offenses Involving Certain 
Human Rights Violations or War Crimes.--
            (1) In general.--Chapter 213 of title 18, United States 
        Code, is amended by adding at the end the following:

``SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN RIGHTS VIOLATIONS 
              OR WAR CRIMES.

    ``(a) In General.--Unless the indictment is found or the 
information is instituted within 10 years after the commission of the 
offense, no person shall be prosecuted, tried, or punished for a 
violation of any provision of section 1001, 1015, 1546, or 1621, or for 
attempt or conspiracy to violate any of such provisions, when the 
violation, attempt, or conspiracy concerns the alleged offender's--
            ``(1) participation, at any time, at any place, and 
        irrespective of the nationality of the alleged offender or any 
        victim, in a human rights violation or war crime; or
            ``(2) membership in, service in, or authority over, a 
        military, paramilitary, or police organization that 
        participated in such conduct during any part of any period in 
        which the alleged offender was a member of, served in, or had 
        authority over, the organization.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `extrajudicial killing under color of 
        foreign law' means conduct specified in section 
        212(a)(3)(E)(iii) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(E)(iii));
            ``(2) the term `female genital mutilation' means conduct 
        described in section 116;
            ``(3) the term `genocide' means conduct described in 
        section 1091(a);
            ``(4) the term `human rights violation or war crime' means 
        genocide, incitement to genocide, war crimes, torture, female 
        genital mutilation, extrajudicial killing under color of 
        foreign law, persecution, particularly severe violations of 
        religious freedom by a foreign government official, or the use 
        or recruitment of child soldiers;
            ``(5) the term `incitement to genocide' means conduct 
        described in section 1091(c);
            ``(6) the term `particularly severe violations of religious 
        freedom' has the meaning given such term in section 3(13) of 
        the International Religious Freedom Act of 1998 (22 U.S.C. 
        6402(13));
            ``(7) the term `persecution' means conduct described in 
        section 208(b)(2)(A)(i) of the Immigration and Nationality Act 
        (8 U.S.C. 1158(b)(2)(A)(i));
            ``(8) the term `torture' means conduct described in 
        paragraph (1) or (2) of section 2340;
            ``(9) the term `use or recruitment of child soldiers' means 
        conduct described in section 2442(a); and
            ``(10) the term `war crimes' means conduct described in 
        section 2441.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 213 of title 18, United States Code, is 
        amended by adding at the end the following:

``3302. Fraud in connection with certain human rights violations or war 
                            crimes.''.
            (3) Application.--The amendments made by this section shall 
        apply to any offense committed on or after the date of the 
        enactment of this Act.

SEC. 402. PUTTING THE BRAKES ON HUMAN SMUGGLING ACT.

    (a) Short Title.--This section may be cited as the ``Putting the 
Brakes on Human Smuggling Act''.
    (b) First Violation.--Section 31310(b)(1) of title 49, United 
States Code, is amended--
            (1) in subparagraph (D), by striking the ``or'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(F) using a commercial motor vehicle in willfully aiding 
        or abetting an alien's illegal entry into the United States by 
        transporting, guiding, directing, or attempting to assist the 
        alien with the alien's entry in violation of section 275 of the 
        Immigration and Nationality Act (8 U.S.C. 1325), regardless of 
        whether the alien is ultimately fined or imprisoned for an act 
        in violation of such section; or
            ``(G) using a commercial motor vehicle in willfully aiding 
        or abetting the transport of controlled substances, monetary 
        instruments, bulk cash, or weapons by any individual departing 
        the United States.''.
    (c) Second or Multiple Violations.--Section 31310(c)(1) of title 
49, United States Code, is amended--
            (1) in subparagraph (E), by striking the ``or'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (H);
            (3) in subparagraph (H), as redesignated, by striking 
        ``(E)'' and inserting ``(F)''; and
            (4) by inserting after subparagraph (E) the following:
            ``(F) using a commercial motor vehicle on more than one 
        occasion in willfully aiding or abetting an alien's illegal 
        entry into the United States by transporting, guiding, 
        directing and attempting to assist the alien with the alien's 
        entry in violation of section 275 of the Immigration and 
        Nationality Act (8 U.S.C. 1325), regardless of whether the 
        alien is ultimately fined or imprisoned for an act in violation 
        of such section;
            ``(G) using a commercial motor vehicle in willfully aiding 
        or abetting the transport of controlled substances, monetary 
        instruments, bulk cash, or weapons by any individual departing 
        the United States; or''.
    (d) Lifetime Disqualification.--Section 31310(d) of title 49, 
United States Code, is amended to read as follows:
    ``(d) Lifetime Disqualification.--The Secretary shall disqualify 
from operating a commercial motor vehicle for life an individual who 
uses a commercial motor vehicle--
            ``(1) in committing a felony involving manufacturing, 
        distributing, or dispensing a controlled substance, or 
        possession with intent to manufacture, distribute, or dispense 
        a controlled substance;
            ``(2) in committing an act for which the individual is 
        convicted under--
                    ``(A) section 274 of the Immigration and 
                Nationality Act (8 U.S.C. 1324); or
                    ``(B) section 277 of such Act (8 U.S.C. 1327); or
            ``(3) in willfully aiding or abetting the transport of 
        controlled substances, monetary instruments, bulk cash, and 
        weapons by any individual departing the United States.''.
    (e) Reporting Requirements.--
            (1) Commercial driver's license information system.--
        Section 31309(b)(1) of title 49, United States Code, is 
        amended--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) whether the operator was disqualified, either 
                temporarily or for life, from operating a commercial 
                motor vehicle under section 31310, including under 
                subsection (b)(1)(F), (c)(1)(F), or (d) of such 
                section.''.
            (2) Notification by the state.--Section 31311(a)(8) of 
        title 49, United States Code, is amended by inserting 
        ``including such a disqualification, revocation, suspension, or 
        cancellation made pursuant to a disqualification under 
        subsection (b)(1)(F), (c)(1)(F), or (d) of section 31310,'' 
        after ``60 days,''.

SEC. 403. DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED BY ILLEGAL 
              ALIENS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 27 the following:

  ``CHAPTER 28--DRUG TRAFFICKING AND CRIMES OF VIOLENCE COMMITTED BY 
                             ILLEGAL ALIENS

``581. Enhanced penalties for drug trafficking and crimes committed by 
                            illegal aliens.
``Sec. 581. Enhanced penalties for drug trafficking and crimes 
              committed by illegal aliens
    ``(a) Offense.--Any alien unlawfully present in the United States, 
who commits, conspires to commit, or attempts to commit a an offense 
under Federal, State, or Tribal law, that has, as an element, the use 
or attempted use of physical force or the threatened use of physical 
force or a deadly weapon or a drug trafficking crime (as defined in 
section 924) shall be fined under this title imprisoned for not less 
than 5 years, or both.
    ``(b) Enhanced Penalties for Aliens Ordered Removed.--Any alien 
unlawfully present in the United States who violates subsection (a) and 
was ordered removed under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.) on the grounds of having committed a crime before the 
violation of subsection (a), shall be fined under this title, 
imprisoned for not less than 15 years, or both.
    ``(c) Requirement for Consecutive Sentences.--Any term of 
imprisonment imposed under this section shall be consecutive to any 
term imposed for any other offense.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 27 the following:

``28 . Drug trafficking and crimes of violence committed by      581''.
                            illegal aliens.

SEC. 404. ESTABLISHING INADMISSIBILITY AND DEPORTABILITY.

    (a) Inadmissible Aliens.--Section 212(a)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is amended by adding at 
the end the following:
                            ``(iii) Consideration of other evidence.--
                        If the conviction records do not conclusively 
                        establish whether a crime constitutes a crime 
                        involving moral turpitude, the Secretary of 
                        Homeland Security may consider other evidence 
                        related to the conviction, including but not 
                        limited to charging documents, plea agreements, 
                        plea colloquies, jury instructions, police 
                        reports, that clearly establishes that the 
                        conduct for which the alien was engaged 
                        constitutes a crime involving moral 
                        turpitude.''.
    (b) Deportable Aliens.--
            (1) General crimes.--Section 237(a)(2)(A) of such Act (8 
        U.S.C. 1227(a)(2)(A)) is amended--
                    (A) by redesignating clause (vi) as clause (vii) 
                and inserting after clause (iv) the following:
                            ``(v) Crimes involving moral turpitude.--If 
                        the conviction records do not conclusively 
                        establish whether a crime constitutes a crime 
                        involving moral turpitude, the Secretary of 
                        Homeland Security may consider other evidence 
                        related to the conviction, including but not 
                        limited to charging documents, plea agreements, 
                        plea colloquies, jury instructions, police 
                        reports, that clearly establishes that the 
                        conduct for which the alien was engaged 
                        constitutes a crime involving moral 
                        turpitude.''.
            (2) Domestic violence.--Section 237(a)(2)(E) of such Act (8 
        U.S.C. 1227(a)(2)(E)) is amended by adding at the end the 
        following:
                            ``(iii) Crime of violence.--If the 
                        conviction records do not conclusively 
                        establish whether a crime of domestic violence 
                        constitutes a crime of violence or an offense 
                        under Federal, State, or Tribal law, that has, 
                        as an element, the use or attempted use of 
                        physical force or the threatened use of 
                        physical force or a deadly weapon, the 
                        Secretary of Homeland Security may consider 
                        other evidence related to the conviction, 
                        including but not limited to charging 
                        documents, plea agreements, plea colloquies, 
                        jury instructions, police reports, that clearly 
                        establishes that the conduct for which the 
                        alien was engaged constitutes a crime of 
                        violence or an offense under Federal, State, or 
                        Tribal law, that has, as an element, the use or 
                        attempted use of physical force or the 
                        threatened use of physical force or a deadly 
                        weapon.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 405. PENALTIES FOR ILLEGAL ENTRY; ENHANCED PENALTIES FOR ENTERING 
              WITH INTENT TO AID, ABET, OR COMMIT TERRORISM.

    (a) In General.--Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended by striking the section heading and 
subsections (a) and (b) and inserting the following:

``SEC. 275. ILLEGAL ENTRY.

    ``(a) In General.--
            ``(1) Bars to immigration relief and benefits.--Any alien 
        who--
                    ``(A) enters or crosses, or attempts to enter or 
                cross, the border into the United States at any time or 
                place other than as designated by immigration officers;
                    ``(B) eludes, at any time or place, examination or 
                inspection by an authorized immigration, customs, or 
                agriculture officer (including failing to stop at the 
                command of such officer); or
                    ``(C) enters or crosses the border to the United 
                States and, upon examination or inspection, makes a 
                false or misleading representation or conceals a 
                material fact, including such representation or willful 
                concealment in the context of arrival, reporting, 
                entry, or clearance, requirements of the customs laws, 
                immigration laws, agriculture laws, or shipping laws,
        shall be ineligible for all immigration benefits or relief 
        available under the Act and any other immigration laws, other 
        than a request for asylum, withholding of removal under section 
        241(b)(3), or relief from removal based on a claim under the 
        Convention Against Torture and Other Cruel, Inhuman or 
        Degrading Treatment or Punishment, done at New York, December 
        10, 1984.
            ``(2) Criminal offenses.--An alien shall be subject to the 
        penalties set forth in paragraph (3) if the alien--
                    ``(A) enters or crosses, or attempts to enter or 
                cross, the border into the United States at any time or 
                place other than as designated by immigration officers;
                    ``(B) eludes, at any time or place, examination or 
                inspection by an authorized immigration, customs, or 
                agriculture officer (including failing to stop at the 
                command of such officer); or
                    ``(C) enters or crosses the border to the United 
                States and, upon examination or inspection, makes a 
                false or misleading representation or conceals a 
                material fact, including such representation or 
                concealment in the context of arrival, reporting, 
                entry, or clearance, requirements of the customs laws, 
                immigration laws, agriculture laws, or shipping laws.
            ``(3) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1)--
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 6 months, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 2 years, or 
                both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors at least 1 of 
                which involves controlled substances, abuse of a minor, 
                trafficking or smuggling, or any offense that could 
                result in serious bodily harm or injury to another 
                person, a significant misdemeanor, or a felony, shall 
                be fined under such title, imprisoned not more than 10 
                years, or both;
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 30 months, 
                shall be fined under such title, imprisoned not more 
                than 15 years, or both; and
                    ``(E) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 60 months, such 
                alien shall be fined under such title, imprisoned not 
                more than 20 years, or both.
            ``(4) Prior convictions.--The prior convictions described 
        in subparagraphs (C) through (E) of paragraph (3) are elements 
        of the offenses described in that paragraph and the penalties 
        in such subparagraphs shall apply only in cases in which the 
        conviction or convictions that form the basis for the 
        additional penalty are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial; or
                    ``(C) admitted by the defendant.
            ``(5) Duration of offenses.--An offense under this 
        subsection continues until the alien is discovered within the 
        United States by an immigration, customs, or agriculture 
        officer.
            ``(6) Attempt.--Whoever attempts to commit any offense 
        under this section shall be punished in the same manner as for 
        a completion of such offense.
    ``(b) Improper Time or Place; Civil Penalties.--
            ``(1) In general.--Any alien who is apprehended while 
        entering, attempting to enter, or crossing or attempting to 
        cross the border to the United States at a time or place other 
        than as designated by immigration officers shall be subject to 
        a civil penalty, in addition to any criminal or other civil 
        penalties that may be imposed under any other provision of law, 
        in an amount equal to--
                    ``(A) not less than $50 or more than $250 for each 
                such entry, crossing, attempted entry, or attempted 
                crossing; or
                    ``(B) twice the amount specified in paragraph (1) 
                if the alien had previously been subject to a civil 
                penalty under this subsection.
            ``(2) Civil penalties.--Civil penalties under paragraph (1) 
        are in addition to, and not in lieu of, any criminal or other 
        civil penalties that may be imposed.''.
    (b) Enhanced Penalties.--Section 275 of the Immigration and 
Nationality Act, as amended by subsection (a), is further amended by 
adding at the end the following:
    ``(e) Enhanced Penalty for Terrorist Aliens.--Any alien who commits 
an offense described in subsection (a) for the purpose of engaging in, 
or with the intent to engage in, any Federal crime of terrorism (as 
defined in section 2332b(g) of title 18, United States Code) shall be 
imprisoned for not less than 10 years and not more than 30 years.''.
    (c) Clerical Amendment.--The table of contents in the first section 
of the Immigration and Nationality Act is amended by striking the item 
relating to section 275 and inserting the following:

``Sec. 275. Illegal entry.''.
    (d) Application.--
            (1) Prior convictions.--Paragraph (4) of section 275(a) of 
        the Immigration and Nationality Act, as amended by subsection 
        (a), shall apply only to violations of paragraph (2) of such 
        section 275(a) committed on or after the date of enactment of 
        this Act.
            (2) Bars to immigration relief and benefits.--Section 
        275(a)(1) of such Act, as amended by subsection (a), shall take 
        effect on the date of enactment and apply to any alien who, on 
        or after the date of enactment--
                    (A) enters or crosses, or attempts to enter or 
                cross, the border into the United States at any time or 
                place other than as designated by immigration officers;
                    (B) eludes, at any time or place, examination or 
                inspection by an authorized immigration, customs, or 
                agriculture officer (including failing to stop at the 
                command of such officer); or
                    (C) enters or crosses the border to the United 
                States and, upon examination or inspection, makes a 
                false or misleading representation or conceals a 
                material fact, including such representation or 
                concealment in the context of arrival, reporting, 
                entry, or clearance, requirements of the customs laws, 
                immigration laws, agriculture laws, or shipping laws.

SEC. 406. PENALTIES FOR REENTRY OF REMOVED ALIENS.

    (a) Short Titles.--This section may be cited as the ``Stop Illegal 
Reentry Act'' or ``Kate's Law''.
    (b) Increased Penalties for Reentry of Removed Alien.--
            (1) In general.--Section 276 of the Immigration and 
        Nationality Act (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) In General.--
            ``(1) Bars to immigration relief and benefits.--Any alien 
        who--
                    ``(A) has been denied admission, excluded, 
                deported, or removed or has departed the United States 
                while an order of exclusion, deportation, or removal is 
                outstanding; and thereafter
                    ``(B) enters, attempts to enter, crosses the border 
                to, attempts to cross the border to, or is at any time 
                found in, the United States, unless--
                            ``(i) the alien is seeking admission more 
                        than 10 years after the date of the alien's 
                        last departure from the United States if, prior 
                        to the alien's reembarkation at a place outside 
                        the United States or the alien's application 
                        for admission from a foreign contiguous 
                        territory, the Secretary of Homeland Security 
                        has expressly consented to such alien's 
                        reapplying for admission; or
                            ``(ii) with respect to an alien previously 
                        denied admission and removed, such alien 
                        establishes that the alien was not required to 
                        obtain such advance consent under this Act or 
                        any prior Act,
                shall be ineligible for all immigration benefits or 
                relief available under the Act and any other 
                immigration laws, other than relief from removal based 
                on a claim under the Convention Against Torture and 
                Other Cruel, Inhuman or Degrading Treatment or 
                Punishment, done at New York, December 10, 1984.
            ``(2) Criminal offenses.--Any alien who--
                    ``(A) has been denied admission, deported, or 
                removed or has departed the United States while an 
                order of deportation, or removal is outstanding; and
                    ``(B) after such denial, removal or departure, 
                enters, attempts to enter, crosses the border to, 
                attempts to cross the border to, or is at any time 
                found in, the United States, unless--
                            ``(i) the alien is seeking admission more 
                        than 10 years after the date of the alien's 
                        last departure from the United States if, prior 
                        to the alien's reembarkation at a place outside 
                        the United States or the alien's application 
                        for admission from a foreign contiguous 
                        territory, the Secretary of Homeland Security 
                        has expressly consented to such alien's 
                        reapplying for admission; or
                            ``(ii) with respect to an alien previously 
                        denied admission and removed, such alien 
                        establishes that the alien was not required to 
                        obtain such advance consent under this Act or 
                        any prior Act,
            ``shall be fined under title 18, United States Code, or 
        imprisoned not more than 5 years, or both.
    ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
            ``(1) Reentry after removal.--Notwithstanding the penalty 
        under subsection (a)(2), and except as provided in subsection 
        (c), an alien described in subsection (a)--
                    ``(A) who has been excluded from the United States 
                pursuant to section 235(c) because the alien was 
                excludable under section 212(a)(3)(B) or who has been 
                removed from the United States pursuant to the 
                provisions of title V, and who thereafter, without the 
                permission of the Secretary of Homeland Security, 
                enters the United States, or attempts to do so, shall 
                be fined under title 18, United States Code, and 
                imprisoned for a period of 15 years, which sentence 
                shall not run concurrently with any other sentence;
                    ``(B) who was removed from the United States 
                pursuant to section 241(a)(4) and thereafter, without 
                the permission of the Secretary of Homeland Security, 
                enters, attempts to enter, or is at any time found in, 
                the United States (unless the Secretary of Homeland 
                Security has expressly consented to such alien's 
                reentry) shall be fined under title 18, United States 
                Code, imprisoned for not more than 15 years, or both; 
                and
                    ``(C) who has been denied admission, excluded, 
                deported, or removed 2 or more times for any reason and 
                thereafter enters, attempts to enter, crosses the 
                border, attempts to cross the border, or is at any time 
                found in the United States, shall be fined under title 
                18, United States Code, imprisoned not more than 15 
                years, or both.
            ``(2) Reentry of criminal aliens after removal.--
        Notwithstanding the penalty under subsection (a), an alien 
        described in subsection (a)--
                    ``(A) who was convicted, before the alien was 
                subject to removal or departure, of a significant 
                misdemeanor shall be fined under title 18, United 
                States Code, imprisoned not more than 10 years, or 
                both;
                    ``(B) who was convicted, before the alien was 
                subject to removal or departure, of 2 or more 
                misdemeanors involving drugs, crimes against the 
                person, or both, shall be fined under title 18, United 
                States Code, imprisoned not more than 10 years, or 
                both;
                    ``(C) who was convicted, before the alien was 
                subject to removal or departure, of 3 or more 
                misdemeanors for which the alien was sentenced to a 
                term of imprisonment of not less than 90 days for each 
                offense, or 12 months in the aggregate, the alien shall 
                be fined under title 18, United States Code, imprisoned 
                not more than 10 years, or both;
                    ``(D) who was convicted, before the alien was 
                subject to removal or departure, of a felony for which 
                the alien was sentenced to a term of imprisonment of 
                not less than 30 months, the alien shall be fined under 
                such title, imprisoned not more than 15 years, or both;
                    ``(E) who was convicted, before the alien was 
                subject to removal or departure, of a felony for which 
                the alien was sentenced to a term of imprisonment of 
                not less than 60 months, the alien shall be fined under 
                such title, imprisoned not more than 20 years, or both;
                    ``(F) who was convicted of 3 or more felonies of 
                any kind, the alien shall be fined under such title, 
                imprisoned not more than 25 years, or both; and
                    ``(G) who was convicted, before the alien was 
                subject to removal or departure or after such removal 
                or departure, for murder, rape, kidnapping, or a felony 
                offense described in chapter 77 (relating to peonage 
                and slavery) or 113B (relating to terrorism) of such 
                title, the alien shall be fined under such title, 
                imprisoned not more than 25 years, or both;
    ``(c) Mandatory Minimum Criminal Penalty for Reentry of Certain 
Removed Aliens.--Notwithstanding the penalties under subsections (a) 
and (b), an alien described in subsection (a)--
            ``(1) who was convicted, before the alien was subject to 
        removal or departure, of an aggravated felony; or
            ``(2) who was convicted at least 2 times before such 
        removal or departure of illegal reentry under this section,
shall be imprisoned not less than 5 years and not more than 20 years, 
and may, in addition, be fined under title 18, United States Code.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial; or
            ``(3) admitted by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Limitation on Collateral Attack on Underlying Removal 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of a removal order described in subsection (a), 
(b), or (c) concerning the alien unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry (if a request for consent to reapply is authorized 
under this section). Such alien shall be subject to such other 
penalties relating to the reentry of removed aliens as may be available 
under this section or any other provision of law.
    ``(h) Definitions.--In this section:
            ``(1) Crosses the border to the united states.--The term 
        `crosses the border' refers to the physical act of crossing the 
        border, regardless of whether the alien is free from official 
        restraint.
            ``(2) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(3) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(4) Removal.--The term `removal' includes any denial of 
        admission, deportation, or removal, or any agreement by which 
        an alien stipulates or agrees to deportation, or removal.
            ``(5) Significant misdemeanor.--The term `significant 
        misdemeanor' means a misdemeanor--
                    ``(A) crime that involves the use or attempted use 
                of physical force, or threatened use of a deadly 
                weapon, committed by a current or former spouse, 
                parent, or guardian of the victim, by a person with 
                whom the victim shares a child in common, by a person 
                who is cohabiting with or has cohabited with the victim 
                as a spouse, parent, or guardian, or by a person 
                similarly situated to a spouse, parent, or guardian of 
                the victim;
                    ``(B) which is a sexual assault (as such term is 
                defined in section 40002(a)(29) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (42 U.S.C. 
                13925(a)(29));
                    ``(C) which involved the unlawful possession of a 
                firearm (as such term is defined in section 921 of 
                title 18, United States Code);
                    ``(D) which is a crime of violence (as defined in 
                section 16 of title 18, United States Code); or
                    ``(E) which is an offense under Federal, State, or 
                Tribal law, that has, as an element, the use or 
                attempted use of physical force or the threatened use 
                of physical force or a deadly weapon.
            ``(6) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.
    (c) Effective Date.--Section 276(a)(1), as amended by this section, 
shall take effect on the date of the enactment of this Act and shall 
apply to any alien who, on or after the date of enactment--
            (1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
            (2) after such denial, exclusion, deportation or removal, 
        enters, attempts to enter, crosses the border to, attempts to 
        cross the border to, or is at any time found in, the United 
        States, unless--
                    (A) the alien is seeking admission more than 10 
                years after the date of the alien's last departure from 
                the United States if, prior to the alien's 
                reembarkation at a place outside the United States or 
                the alien's application for admission from a foreign 
                contiguous territory, the Secretary of Homeland 
                Security has expressly consented to such alien's 
                reapplying for admission; or
                    (B) with respect to an alien previously denied 
                admission and removed, such alien establishes that the 
                alien was not required to obtain such advance consent 
                under this Act or any prior Act.

SEC. 407. LAUNDERING OF MONETARY INSTRUMENTS.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended 
by inserting ``section 1590 (relating to trafficking with respect to 
peonage, slavery, involuntary servitude, or forced labor),'' after 
``section 1363 (relating to destruction of property within the special 
maritime and territorial jurisdiction),''.

SEC. 408. FREEZING BANK ACCOUNTS OF INTERNATIONAL CRIMINAL 
              ORGANIZATIONS AND MONEY LAUNDERERS.

    Section 981(b) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(5)(A) If a person is arrested or charged in connection with an 
offense described in subparagraph (C) involving the movement of funds 
into or out of the United States, the Attorney General may apply to any 
Federal judge or magistrate judge in the district in which the arrest 
is made or where the charges are filed for an ex parte order 
restraining any account held by the person arrested or charged for not 
more than 30 days, except that such 30-day time period may be extended 
for good cause shown at a hearing conducted in the manner provided in 
rule 43(e) of the Federal Rules of Civil Procedure. The court may 
receive and consider evidence and information submitted by the 
Government that would be inadmissible under the Federal Rules of 
Evidence.
    ``(B) The application for a restraining order under subparagraph 
(A) shall--
            ``(i) identify the offense for which the person has been 
        arrested or charged;
            ``(ii) identify the location and description of the 
        accounts to be restrained; and
            ``(iii) state that the restraining order is needed to 
        prevent the removal of the funds in the account by the person 
        arrested or charged, or by others associated with such person, 
        during the time needed by the Government to conduct such 
        investigation as may be necessary to establish whether there is 
        probable cause to believe that the funds in the accounts are 
        subject to forfeiture in connection with the commission of any 
        criminal offense.
    ``(C) An offense described in this subparagraph is any offense for 
which forfeiture is authorized under this title, title 31, or the 
Controlled Substances Act (21 U.S.C. 801 et seq.).
    ``(D) For purposes of this section--
            ``(i) the term `account' includes any safe deposit box and 
        any account (as defined in paragraphs (1) and (2) of section 
        5318A(e) of title 31, United States Code) at any financial 
        institution; and
            ``(ii) the term `account held by the person arrested or 
        charged' includes an account held in the name of such person, 
        and any account over which such person has effective control as 
        a signatory or otherwise.
    ``(E) A restraining order issued under this paragraph shall not be 
considered a `seizure' for purposes of section 983(a).
    ``(F) A restraining order issued under this paragraph may be 
executed in any district in which the subject account is found, or 
transmitted to the central authority of any foreign State for service 
in accordance with any treaty or other international agreement.''.

SEC. 409. CRIMINAL PROCEEDS LAUNDERED THROUGH PREPAID ACCESS DEVICES, 
              DIGITAL CURRENCIES, OR OTHER SIMILAR INSTRUMENTS.

    (a) In General.--
            (1) Definitions.--
                    (A) Addition of issuers, redeemers, and cashiers of 
                prepaid access devices and digital currencies to the 
                definition of financial institutions.--Section 
                5312(a)(2)(K) of title 31, United States Code, is 
                amended by striking ``or similar'' and inserting 
                ``prepaid access devices, digital currencies, or other 
                similar''.
                    (B) Addition of prepaid access devices to the 
                definition of monetary instruments.--Section 
                5312(a)(3)(B) of such title is amended by inserting 
                ``prepaid access devices,'' after ``delivery,''.
                    (C) Definition of prepaid access device.--Section 
                5312 of such title is amended--
                            (i) by redesignating paragraph (6) as 
                        paragraph (7); and
                            (ii) by inserting after paragraph (5) the 
                        following:
            ``(6) `prepaid access device' means an electronic device or 
        vehicle, such as a card, plate, code, number, electronic serial 
        number, mobile identification number, personal identification 
        number, or other instrument that provides a portal to funds or 
        the value of funds that have been paid in advance and can be 
        retrievable and transferable at some point in the future.''.
            (2) Government accountability office report.--Not later 
        than 18 months after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit to 
        Congress a report describing--
                    (A) the impact of amendments made by paragraph (1) 
                on law enforcement, the prepaid access device industry, 
                and consumers; and
                    (B) the implementation and enforcement by the 
                Department of the Treasury of the final rule relating 
                to ``Bank Secrecy Act Regulations--Definitions and 
                Other Regulations Relating to Prepaid Access'' (76 Fed. 
                Reg. 45403 (July 29, 2011)).
    (b) Money Smuggling Through Blank Checks in Bearer Form.--Section 
5316 of title 31, United States Code, is amended by adding at the end 
the following:
    ``(e) Monetary Instruments With Amount Left Blank.--For purposes of 
this section, a monetary instrument in bearer form that has the amount 
left blank, such that the amount could be filled in by the bearer, 
shall be considered to have a value of more than $10,000 if the 
monetary instrument was drawn on an account that contained or was 
intended to contain more than $10,000 at the time the monetary 
instrument was--
            ``(1) transported; or
            ``(2) negotiated.''.

SEC. 410. CLOSING THE LOOPHOLE ON DRUG CARTEL ASSOCIATES ENGAGED IN 
              MONEY LAUNDERING.

    (a) Intent to Conceal or Disguise.--Section 1956(a) of title 18, 
United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(B) knowing that'' 
        and all that follows through ``Federal law,'' and inserting the 
        following:
            ``(B) knowing that the transaction--
                    ``(i) conceals or disguises, or is intended to 
                conceal or disguise, the nature, source, location, 
                ownership, or control of the proceeds of some form of 
                unlawful activity; or
                    ``(ii) avoids, or is intended to avoid, a 
                transaction reporting requirement under State or 
                Federal law,''; and
            (2) in paragraph (2)(B), by striking ``(B) knowing that'' 
        and all that follows through ``Federal law,'' and inserting the 
        following:
            ``(B) knowing that the monetary instrument or funds 
        involved in the transportation, transmission, or transfer 
        represent the proceeds of some form of unlawful activity, and 
        knowing that such transportation, transmission, or transfer--
                    ``(i) conceals or disguises, or is intended to 
                conceal or disguise, the nature, source, location, 
                ownership, or control of the proceeds of some form of 
                unlawful activity; or
                    ``(ii) avoids, or is intended to avoid, a 
                transaction reporting requirement under State or 
                Federal law,''.
    (b) Proceeds of a Felony.--Section 1956(c)(1) of such title is 
amended by inserting ``, and regardless of whether or not the person 
knew that the activity constituted a felony'' before the semicolon at 
the end.

        TITLE V--PROTECTING NATIONAL SECURITY AND PUBLIC SAFETY

                      Subtitle A--General Matters

SEC. 501. DEFINITION OF ENGAGING IN TERRORIST ACTIVITY.

    Subclause (I) of section 212(a)(3)(B)(iv) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended--
            (1) by revising subclause (I) to read as follows:
                                    ``(I) to commit a terrorist 
                                activity or, under circumstances 
                                indicating an intention to cause death, 
                                serious bodily harm, or substantial 
                                damage to property, incite to commit a 
                                terrorist activity;''; and
            (2)(A) by adding at the end the following:
                                    ``(VI) to threaten, attempt, or 
                                conspire to do any of acts described in 
                                subclauses (I) through (VI).''.

SEC. 502. TERRORIST GROUNDS OF INADMISSIBILITY.

    (a) Security and Related Grounds.--Section 212(a)(3)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(A)) is amended to 
read as follows:
                    ``(A) In general.--Any alien who a consular 
                officer, the Attorney General, or the Secretary of 
                Homeland Security knows, or has reasonable ground to 
                believe, seeks to enter the United States to engage 
                solely, principally, or incidentally, in, or who is 
                engaged in, or with respect to clauses (i) and (iii) 
                has engaged in--
                            ``(i) any activity--
                                    ``(I) to violate any law of the 
                                United States relating to espionage or 
                                sabotage; or
                                    ``(II) to violate or evade any law 
                                prohibiting the export from the United 
                                States of goods, technology, or 
                                sensitive information,
                            ``(ii) any other activity which would be 
                        unlawful if committed in the United States, or
                            ``(iii) any activity a purpose of which is 
                        the opposition to, or the control or overthrow 
                        of, the Government of the United States by 
                        force, violence, or other unlawful means,
                is inadmissible.''.
    (b) Terrorist Activities.--Section 212(a)(3)(B)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)), is 
amended--
            (1) in subclause (IV), by inserting ``or has been'' before 
        ``a representative'';
            (2) in subclause (V), by inserting ``or has been'' before 
        ``a member'';
            (3) in subclause (VI), by inserting ``or has been'' before 
        ``a member''; and
            (4) by amending subclause (VII) to read as follows:
                                    ``(VII) endorses or espouses or has 
                                endorsed or espoused terrorist activity 
                                or persuades or has persuaded others to 
                                endorse or espouse terrorist activity 
                                or support a terrorist organization;'';
            (5) by amending subclause (IX) to read as follows:
                                    ``(IX)(aa) is the spouse or child 
                                of an alien who is inadmissible under 
                                this subparagraph, if the activity 
                                causing the alien to be found 
                                inadmissible occurred within the last 5 
                                years.
                                    ``(bb) Exception.--This subclause 
                                does not apply to a spouse or child--
                                            ``(AA) who did not know or 
                                        should not reasonably have 
                                        known of the activity causing 
                                        the alien to be found 
                                        inadmissible under this 
                                        section; or
                                            ``(BB) whom the consular 
                                        officer or Attorney General has 
                                        reasonable grounds to believe 
                                        has renounced the activity 
                                        causing the alien to be found 
                                        inadmissible under this 
                                        section.''; and
            (6) by striking the undesignated matter following subclause 
        (IX).
    (c) Palestine Liberation Organization.--Section 212(a)(3)(B)(ii) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)), is 
amended to read as follows:
                            ``(ii) Palestine liberation organization.--
                        An alien who is an officer, official, 
                        representative, or spokesman of the Palestine 
                        Liberation Organization is considered, for 
                        purposes of this Act, to be engaged in 
                        terrorist activity.''.

SEC. 503. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE ON CRIMINAL OR 
              SECURITY GROUNDS.

    (a) In General.--Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended--
            (1) by adding at the end of the section heading the 
        following: ``or who are subject to terrorism-related grounds 
        for removal'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security in 
                        the exercise of discretion''; and
                            (ii) by striking ``set forth in this 
                        subsection or'' and inserting ``set forth in 
                        this subsection, in lieu of removal proceedings 
                        under'';
                    (B) in paragraphs (3) and (4), by striking 
                ``Attorney General'' each place the term appears and 
                inserting ``Secretary of Homeland Security'';
                    (C) in paragraph (5)--
                            (i) by striking ``described in this 
                        section'' and inserting ``described in 
                        paragraph (1) or (2)''; and
                            (ii) by striking ``the Attorney General may 
                        grant in the Attorney General's discretion.'' 
                        and inserting ``the Secretary of Homeland 
                        Security or the Attorney General may grant, in 
                        the discretion of the Secretary or the Attorney 
                        General, in any proceeding.'';
                    (D) by redesignating paragraphs (3), (4), and (5) 
                as paragraphs (4), (5), and (6) respectively; and
                    (E) by inserting after paragraph (2) the following:
            ``(3) The Secretary of Homeland Security, in the exercise 
        of discretion, may determine inadmissibility under section 
        212(a)(2) and issue an order of removal pursuant to the 
        procedures set forth in this subsection, in lieu of removal 
        proceedings under section 240, with respect to an alien who--
                    ``(A) has not been admitted or paroled;
                    ``(B) has not been found to have a credible fear of 
                persecution pursuant to the procedures set forth in 
                235(b)(1)(B); and
                    ``(C) is not eligible for a waiver of 
                inadmissibility or relief from removal.''; and
            (3) by redesignating the first subsection (c) as subsection 
        (d);
            (4) by redesignating the second subsection (c) (as so 
        designated by section 617(b)(13) of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (division C of 
        Public Law 104-208; 110 Stat. 3009-720)) as subsection (e); and
            (5) by inserting after subsection (b) the following:
    ``(c) Removal of Aliens Who Are Subject to Terrorism-related 
Grounds for Removal.--
            ``(1) The Secretary of Homeland Security--
                    ``(A) shall, notwithstanding section 240, in the 
                case of every alien, determine the inadmissibility of 
                the alien under subclause (I), (II), or (III) of 
                section 212(a)(3)(B)(i), or the deportability of the 
                alien under section 237(a)(4)(B) as consequence of 
                being described in one of such subclauses, and issue an 
                order of removal pursuant to the procedures set forth 
                in this subsection to every alien determined to be 
                inadmissible or deportable on such a ground; and
                    ``(B) may, in the case of any alien, determine the 
                inadmissibility of the alien under subparagraph (A) or 
                (B) of section 212(a)(3) (other than subclauses (I), 
                (II), and (III) of section 212(a)(3)(B)), or the 
                deportability of the alien under subparagraph (A) or 
                (B) of section 237(a)(4) (as a consequence of being 
                described in subclause (I), (II), or (III) of section 
                212(a)(3)(B)), and issue an order of removal pursuant 
                to the procedures set forth in this subsection or 
                section 240 to every alien determined to be 
                inadmissible or deportable on such a ground.
            ``(2) The Secretary of Homeland Security may not execute 
        any order described in paragraph (1) until 30 calendar days 
        have passed from the date that such order was issued, unless 
        waived by the alien, in order that the alien has an opportunity 
        to apply [petition] for judicial review under section 242.
            ``(3) Proceedings before the Secretary of Homeland Security 
        under this subsection shall be in accordance with such 
        regulations as the Secretary shall prescribe. The Secretary 
        shall provide that--
                    ``(A) the alien is given reasonable notice of the 
                charges and of the opportunity described in 
                subparagraph (C);
                    ``(B) the alien shall have the privilege of being 
                represented (at no expense to the Government) by such 
                counsel, authorized to practice in such proceedings, as 
                the alien shall choose;
                    ``(C) the alien has a reasonable opportunity to 
                inspect the evidence and rebut the charges;
                    ``(D) a determination is made on the record that 
                the individual upon whom the notice for the proceeding 
                under this section is served (either in person or by 
                mail) is, in fact, the alien named in such notice;
                    ``(E) a record is maintained for judicial review; 
                and
                    ``(F) the final order of removal is not adjudicated 
                by the same person who issues the charges.
            ``(4) No alien described in this subsection shall be 
        eligible for any relief from removal that the Secretary of 
        Homeland Security may grant in the Secretary's discretion.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by striking the 
item relating to section 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.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act but shall not apply to 
aliens who are in removal proceedings under section 240 of the 
Immigration and Nationality Act (8 U.S.C. 1229a) on such date.

SEC. 504. DETENTION OF REMOVABLE ALIENS.

    (a) Criminal Alien Enforcement Partnerships.--Section 287 of the 
Immigration and Nationality Act (8 U.S.C. 1357), as amended by section 
116 and this section, is further amended by--
            (1) redesignating paragraph (h) as paragraph (j), and
            (2) adding new paragraph (h) to read as follows:
    ``(h) Criminal Alien Enforcement Partnerships.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into a written agreement with a State, or any political 
        subdivision of such a State, to authorize the temporary 
        placement of one or more U.S. Customs and Border Protection 
        agents or officers or U.S. Immigration and Customs Enforcement 
        agents or investigators at a local police department or 
        precinct to--
                    ``(A) determine the immigration status of any 
                individual arrested by a State, county, or local 
                police, enforcement, or peace officer for any criminal 
                offense;
                    ``(B) issue charging documents and notices related 
                to the initiation of removal proceedings or 
                reinstatement of prior removal orders under section 
                241(a)(5);
                    ``(C) enter information directly into the National 
                Crime Information Center (NCIC) database, Immigration 
                Violator File, to include--
                            ``(i) the alien's address,
                            ``(ii) the reason for arrest,
                            ``(iii) the legal cite of the State law 
                        violated or for which the alien is charged,
                            ``(iv) the alien's driver's license number 
                        and State of issuance (if any),
                            ``(v) any other identification document(s) 
                        held by the alien and issuing entity for such 
                        identification documents, and
                            ``(vi) any identifying marks, such as 
                        tattoos, birthmarks, scars, etc.;''.
                    ``(D) to collect the alien's biometrics, including 
                but not limited to iris, fingerprint, photographs, and 
                signature, of the alien and to enter such information 
                into the Automated Biometric Identification System 
                (IDENT) and any other DHS database authorized for 
                storage of biometric information for aliens; and''.
                    ``(E) make advance arrangements for the immediate 
                transfer from State to Federal custody of any criminal 
                when the alien is released, without regard to whether 
                the alien is released on parole, supervised release, or 
                probation, and without regard to whether alien may be 
                arrested imprisoned again for the same offense.
            ``(2) Length of temporary duty assignments.--The initial 
        period for a temporary duty assignment authorized under this 
        paragraph shall be 1 year. The temporary duty assignment may be 
        extended for additional periods of time as agreed to by the 
        Secretary of Homeland Security and the State or political 
        subdivision of the State to ensure continuity of cooperation 
        and coverage.
            ``(3) Technology usage.--The Secretary shall provide CBP 
        and ICE agents, officers, and investigators on a temporary duty 
        assignment under this paragraph mobile access to Federal 
        databases containing alien information, live scan technology 
        for collection of biometrics, and video-conferencing capability 
        for use at local police departments or precincts in remote 
        locations.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment, the Secretary of Homeland Security shall submit a 
        report to the Committee on Judiciary and Committee on Homeland 
        Security and Government Affairs of the Senate and the Committee 
        on the Judiciary and Committee on Homeland Security of the 
        House of Representatives on--
                    ``(A) the number of States that have entered into 
                an agreement under this paragraph;
                    ``(B) the number of criminal aliens processed by 
                the U.S. Customs and Border Protection agent or officer 
                or U.S. Immigration and Customs Enforcement agent or 
                investigator during the temporary duty assignment; and
                    ``(C) the number of criminal aliens transferred 
                from State to Federal custody during the agreement 
                period.''.
    (b) Detention, Release, and Removal of Aliens Ordered Removed.--
            (1) Removal period.--
                    (A) In general.--Subparagraph (A) of section 
                241(a)(1) of the Immigration and Nationality Act (8 
                U.S.C. 1231(a)(1)(A)) is amended by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''.
                    (B) Beginning of period.--Subparagraph (B) of 
                section 241(a)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1231(a)(1)(B)) is amended to read as 
                follows:
                    ``(B) Beginning of period.--
                            ``(i) In general.--Subject to clause (ii), 
                        the removal period begins on the date that is 
                        the latest of the following:
                                    ``(I) If a court, the Board of 
                                Immigration Appeals, or an immigration 
                                judge orders a stay of the removal of 
                                the alien, the date the stay of removal 
                                ends;
                                    ``(II) If the alien is ordered 
                                removed, the date the removal order 
                                becomes administratively final and the 
                                Secretary takes the alien into custody 
                                for removal;
                                    ``(III) If the alien is detained or 
                                confined (except under an immigration 
                                process), the date the alien is 
                                released from detention or confinement.
                            ``(ii) Beginning of removal period 
                        following a transfer of custody.--If the 
                        Secretary transfers custody of the alien 
                        pursuant to law to another Federal agency or to 
                        an agency of a State or local government in 
                        connection with the official duties of such 
                        agency, the removal period for the alien--
                                    ``(I) shall be tolled; and
                                    ``(II) shall resume on the date the 
                                alien is returned to the custody of the 
                                Secretary.''.
                    (C) Suspension of period.--Subparagraph (C) of 
                section 241(a)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1231(a)(1)(C)) is amended to read as 
                follows:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien--
                            ``(i) fails or refuses to make all 
                        reasonable efforts to comply with the order of 
                        removal or to fully cooperate with the efforts 
                        of the Secretary of Homeland Security to 
                        establish the alien's identity and carry out 
                        the order of removal, including making timely 
                        application in good faith for travel or other 
                        documents necessary to the alien's departure; 
                        or
                            ``(ii) conspires or acts to prevent the 
                        alien's removal subject to an order of 
                        removal.''.
            (2) Detention.--Paragraph (2) of section 241(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is 
        amended--
                    (A) by inserting ``(A)'' before ``During'';
                    (B) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (C) by adding at the end the following:
                    ``(B) During a pendency of a stay.--If a court, the 
                Board of Immigration Appeals, or an immigration judge 
                orders a stay of removal of an alien who is subject to 
                an order of removal, the Secretary of Homeland Security 
                in the Secretary's sole and unreviewable exercise of 
                discretion, and notwithstanding any provision of law 
                including 28 U.S.C. 2241, may detain the alien during 
                the pendency of such stay of removal.''.
            (3) Suspension after 90-day period.--Paragraph (3) of 
        section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
        1231(a)(3)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security'';
                    (B) in subparagraph (C), by striking ``Attorney 
                General'' and inserting ``Secretary''; and
                    (C) by amending subparagraph (D) to read as 
                follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or to perform 
                affirmative acts, that the Secretary prescribes for the 
                alien, in order to prevent the alien from absconding, 
                for the protection of the community, or for other 
                purposes related to the enforcement of the immigration 
                laws.''.
            (4) Aliens imprisoned, arrested, or on parole, supervised 
        release, or probation.--Paragraph (4) of section 241(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(a)(4)) is 
        amended--
                    (A) in subparagraph (A), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``Attorney General'' and inserting 
                        ``Secretary of Homeland Security'';
                                    (I) in clause (i), by striking ``if 
                                the Attorney General'' and inserting 
                                ``if the Secretary''; and
                                    (II) in clause (ii)(III), by 
                                striking ``Attorney General'' and 
                                inserting ``Secretary''.
            (5) Reinstatement of removal orders against aliens 
        illegally reentering.--
                    (A) Paragraph (5) of section 241(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) 
                is amended to read as follows:
            ``(5) Reinstatement of removal orders against aliens 
        illegally reentering.--If the Secretary of Homeland Security 
        finds that an alien has entered the United States illegally 
        after having been removed, deported, or excluded or having 
        departed voluntarily, under an order of removal, deportation, 
        or exclusion, regardless of the date of the original order or 
        the date of the illegal entry--
                    ``(A) the order of removal, deportation, or 
                exclusion is reinstated from its original date and is 
                not subject to being reopened or reviewed 
                notwithstanding section 242(a)(2)(D);
                    ``(B) the alien is not eligible and may not apply 
                for any relief under this Act, regardless of the date 
                that an application or request for such relief may have 
                been filed or made;
                    ``(C) the alien shall be removed under the order of 
                removal, deportation, or exclusion at any time after 
                the illegal entry; and
                    ``(D) reinstatement under this paragraph shall not 
                require proceedings under section 240 or other 
                proceedings before an immigration judge.''.
                    (B) Judicial review.--Section 242 of the 
                Immigration and Nationality Act (8 U.S.C. 1252) is 
                amended by adding at the end the following:
                    ``(h) Judicial Review of Decision to Reinstate 
                Removal Order Under Section 241(a)(5).--
                            ``(1) Review of decision to reinstate 
                        removal order.--Judicial review of 
                        determinations under section 241(a)(5) is 
                        available in an action under subsection (a).
                            ``(2) No review of original order.--
                        Notwithstanding any other provision of law 
                        (statutory or nonstatutory), including section 
                        2241 of title 28, United States Code, any other 
                        habeas corpus provision, or sections 1361 and 
                        1651 of such title, no court shall have 
                        jurisdiction to review any cause or claim, 
                        arising from, or relating to, any challenge to 
                        the original order.''.
                    (C) Effective date.--The amendments made by 
                subparagraphs (A) and (B) shall take effect as if 
                enacted on April 1, 1997, and shall apply to all orders 
                reinstated or after that date by the Secretary of 
                Homeland Security (or by the Attorney General prior to 
                March 1, 2003), regardless of the date of the original 
                order.
            (6) Inadmissible or criminal aliens.--Paragraph (6) of 
        section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
        1231(a)(6)) is amended--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by striking ``removal period and, if 
                released,'' and inserting ``removal period, in the 
                discretion of the Secretary, without any limitations 
                other than those specified in this section, until the 
                alien is removed.''.
            (7) Parole; additional rules; judicial review.--Subsection 
        (a) of section 241 of the Immigration and Nationality Act (8 
        U.S.C. 1231(a)) is amended--
                    (A) in paragraph (7), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'';
                    (B) by redesignating paragraph (7) as paragraph 
                (14); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding 
        section 212(d)(5), that the alien shall not be returned to 
        custody unless either the alien violates the conditions of such 
        parole or the alien's removal becomes reasonably foreseeable, 
        provided that in no circumstance shall such alien be considered 
        admitted.
            ``(8) Additional rules for detention or release of certain 
        aliens who were previously admitted to the united states.--
                    ``(A) Application.--The procedures set out under 
                this paragraph--
                            ``(i) apply only to an alien who were 
                        previously admitted to the United States; and
                            ``(ii) do not apply to any other alien, 
                        including an alien detained pursuant to 
                        paragraph (6).
                    ``(B) Establishment of a detention review process 
                for aliens who fully cooperate with removal.--
                            ``(i) Requirement to establish.--For an 
                        alien who has made all reasonable efforts to 
                        comply with a removal order and to cooperate 
                        fully with the efforts of the Secretary of 
                        Homeland Security to establish the alien's 
                        identity and carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, and has not conspired 
                        or acted to prevent removal, the Secretary 
                        shall establish an administrative review 
                        process to determine whether the alien should 
                        be detained or released on conditions.
                            ``(ii) Determinations.--The Secretary 
                        shall--
                                    ``(I) make a determination whether 
                                to release an alien described in clause 
                                (i) after the end of the alien's 
                                removal period; and
                                    ``(II) in making a determination 
                                under subclause (I), consider any 
                                evidence submitted by the alien, and 
                                may consider any other evidence, 
                                including any information or assistance 
                                provided by the Department of State or 
                                other Federal agency and any other 
                                information available to the Secretary 
                                pertaining to the ability to remove the 
                                alien.
            ``(9) Authority to detain beyond the removal period.--
                    ``(A) In general.--The Secretary of Homeland 
                Security, in the exercise of discretion, without any 
                limitations other than those specified in this section, 
                may continue to detain an alien for 90 days beyond the 
                removal period (including any extension of the removal 
                period as provided in subsection (a)(1)(C)).
                    ``(B) Length of detention.--The Secretary, in the 
                exercise of discretion, without any limitations other 
                than those specified in this section, may continue to 
                detain an alien beyond the 90 days authorized in 
                subparagraph (A)--
                            ``(i) until the alien is removed, if the 
                        Secretary determines that--
                                    ``(I) there is a significant 
                                likelihood that the alien will be 
                                removed in the reasonably foreseeable 
                                future;
                                    ``(II) the alien would be removed 
                                in the reasonably foreseeable future, 
                                or would have been removed, but for the 
                                alien's failure or refusal to make all 
                                reasonable efforts to comply with the 
                                removal order, or to cooperate fully 
                                with the Secretary's efforts to 
                                establish the alien's identity and 
                                carry out the removal order, including 
                                making timely application in good faith 
                                for travel or other documents necessary 
                                to the alien's departure, or 
                                conspiracies or acts to prevent 
                                removal;
                                    ``(III) the government of the 
                                foreign country of which the alien is a 
                                citizen, subject, national, or resident 
                                is denying or unreasonably delaying 
                                accepting the return of such alien 
                                after the Secretary asks whether the 
                                government will accept an alien under 
                                section 243(d); or
                                    ``(IV) the government of the 
                                foreign country of which the alien is a 
                                citizen, subject, national, or resident 
                                is refusing to issue any required 
                                travel or identity documents to allow 
                                such alien to return to that country;
                            ``(ii) until the alien is removed, if the 
                        Secretary certifies in writing--
                                    ``(I) in consultation with the 
                                Secretary of Health and Human Services, 
                                that the alien has a highly contagious 
                                disease that poses a threat to public 
                                safety;
                                    ``(II) after receipt of a written 
                                recommendation from the Secretary of 
                                State, that release of the alien is 
                                likely to have serious adverse foreign 
                                policy consequences for the United 
                                States;
                                    ``(III) based on information 
                                available to the Secretary of Homeland 
                                Security (including classified, 
                                sensitive, or national security 
                                information, and without regard to the 
                                grounds upon which the alien was 
                                ordered removed), that there is reason 
                                to believe that the release of the 
                                alien would threaten the national 
                                security of the United States; or
                                    ``(IV) that the release of the 
                                alien will threaten the safety of the 
                                community or any person, conditions of 
                                release cannot reasonably be expected 
                                to ensure the safety of the community 
                                or any person, and either--
                                            ``(aa) the alien has been 
                                        convicted of 1 or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)), 1 or 
                                        more crimes identified by the 
                                        Secretary of Homeland Security 
                                        by regulation, or 1 or more 
                                        attempts or conspiracies to 
                                        commit any such aggravated 
                                        felonies or such identified 
                                        crimes, provided that the 
                                        aggregate term of imprisonment 
                                        for such attempts or 
                                        conspiracies is at least 5 
                                        years; or
                                            ``(bb) the alien has 
                                        committed 1 or more violent 
                                        offenses (but not including a 
                                        purely political offense) and, 
                                        because of a mental condition 
                                        or personality disorder and 
                                        behavior associated with that 
                                        condition or disorder, the 
                                        alien is likely to engage in 
                                        acts of violence in the future; 
                                        or
                                    ``(V) that the release of the alien 
                                will threaten the safety of the 
                                community or any person, conditions of 
                                release cannot reasonably be expected 
                                to ensure the safety of the community 
                                or any person, and the alien has been 
                                convicted of at least 1 aggravated 
                                felony (as defined in section 
                                101(a)(43)); and
                            ``(iii) pending a determination under 
                        subparagraph (B), if the Secretary has 
                        initiated the administrative review process not 
                        later than 30 days after the expiration of the 
                        removal period (including any extension of the 
                        removal period as provided in subsection 
                        (a)(1)(C)).
            ``(10) Renewal and delegation of certification.--
                    ``(A) Renewal.--The Secretary of Homeland Security 
                may renew a certification under subparagraph (B)(ii) 
                every 6 months without limitation, after providing an 
                opportunity for the alien to request reconsideration of 
                the certification and to submit documents or other 
                evidence in support of that request. If the Secretary 
                does not renew a certification, the Secretary may not 
                continue to detain the alien under subparagraph 
                (B)(ii).
                    ``(B) Delegation.--Notwithstanding section 103, the 
                Secretary of Homeland Security may not delegate the 
                authority to make or renew a certification described in 
                item (II), (III), or (IV) of subparagraph (B)(ii) to an 
                official below the level of the Director of U.S. 
                Immigration and Customs Enforcement.
            ``(11) Release on conditions.--If it is determined that an 
        alien should be released from detention, the Secretary of 
        Homeland Security, in the exercise of discretion, may impose 
        conditions on release as provided in paragraph (3).
            ``(12) Redetention.--The Secretary of Homeland Security, in 
        the exercise of discretion, without any limitations other than 
        those specified in this section, may again detain any alien 
        subject to a final removal order who is released from custody 
        if the alien fails to comply with the conditions of release or 
        to continue to satisfy the conditions described in subparagraph 
        (8)(A), or if, upon reconsideration, the Secretary determines 
        that the alien can be detained under subparagraph (8)(B). 
        Paragraphs (6) through (14) shall apply to any alien returned 
        to custody pursuant to this subparagraph, as if the removal 
        period terminated on the day of the redetention.
            ``(13) Certain aliens who effected entry.--If an alien has 
        effected an entry but has neither been lawfully admitted nor 
        physically present in the United States continuously for the 2-
        year period immediately prior to the commencement of removal 
        proceedings under this Act against the alien, the Secretary of 
        Homeland Security in the exercise of discretion may decide not 
        to apply paragraph (8) and detain the alien without any 
        limitations except those which the Secretary shall adopt by 
        regulation.
            ``(14) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraph (6) through (14) shall be available exclusively in 
        habeas corpus proceedings instituted in the United States 
        District Court for the District of Columbia, and only if the 
        alien has exhausted all administrative remedies (statutory and 
        regulatory) available to the alien as of right.''.
    (c) Detention of Aliens During Removal Proceedings.--
            (1) In general.--Section 235 of the Immigration and 
        Nationality Act (8 U.S.C. 1225) is amended by adding at the end 
        the following:
    ``(e) Length of Detention.--
            ``(1) In general.--An alien may be detained under this 
        section while proceedings are pending, without limitation, 
        until the alien is subject to an administratively final order 
        of removal.
            ``(2) Effect on detention under section 241.--The length of 
        detention under this section shall not affect the validity of 
        any detention under section 241.
    ``(f) Judicial Review.--Without regard to the place of confinement, 
judicial review of any action or decision made pursuant to subsection 
(e) shall be available exclusively in a habeas corpus proceeding 
instituted in the United States District Court for the District of 
Columbia and only if the alien has exhausted all administrative 
remedies (statutory and nonstatutory) available to the alien as of 
right.''.
            (2) Conforming amendments.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226) is amended--
                    (A) in subsection (e), by inserting ``Without 
                regard to the place of confinement, judicial review of 
                any action or decision made pursuant to section 235(f) 
                shall be available exclusively in a habeas corpus 
                proceeding instituted in the United States District 
                Court for the District of Columbia, and only if the 
                alien has exhausted all administrative remedies 
                (statutory and nonstatutory) available to the alien as 
                of right.'' at the end; and
                    (B) by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--An alien may be detained under this 
        section, without limitation, until the alien is subject to an 
        administratively final order of removal.
            ``(2) Effect on detention under section 241.--The length of 
        detention under this section shall not affect the validity of 
        any detention under section 241.''.
    (d) Attorney General's Discretion in Determining Countries of 
Removal.--Section 241(b) of the Immigration and Nationality Act (8 
U.S.C. 1231(b)) is amended--
            (1) in paragraph (1)(C)(iv), by striking the period at the 
        end and inserting ``, or the Attorney General decides that 
        removing the alien to the country is prejudicial to the 
        interests of the United States.'';
            (2) in paragraph (2)(E)(vii), by inserting ``or the 
        Attorney General decides that removing the alien to one or more 
        of such countries is prejudicial to the interests of the United 
        States,'' after ``this subparagraph,''.
    (e) Effective Dates and Application.--
            (1) Amendments made by subsection (b).--The amendments made 
        by subsection (b) shall take effect on the date of the 
        enactment of this Act, and section 241 of the Immigration and 
        Nationality Act, as amended by subsection (b), shall apply to--
                    (A) all aliens subject to a final administrative 
                removal, deportation, or exclusion order that was 
                issued before, on, or after the date of the enactment 
                of this Act; and
                    (B) acts and conditions occurring or existing 
                before, on, or after the date of the enactment of this 
                Act.
            (2) Amendments made by subsection (c).--The amendments made 
        by subsection (c) shall take effect upon the date of the 
        enactment of this Act, and sections 235 and 236 of the 
        Immigration and Nationality Act, as amended by subsection (c), 
        shall apply to any alien in detention under provisions of such 
        sections on or after the date of the enactment of this Act.

SEC. 505. GAO STUDY ON DEATHS IN CUSTODY.

    The Comptroller General of the United States shall submit to 
Congress within 6 months after the date of the enactment of this Act, a 
report on the deaths in custody of detainees held by the Department of 
Homeland Security. The report shall include the following information 
with respect to any such deaths and in connection therewith:
            (1) Whether any such deaths could have been prevented by 
        the delivery of medical treatment administered while the 
        detainee is in the custody of the Department of Homeland 
        Security.
            (2) Whether Department practice and procedures were 
        properly followed and obeyed.
            (3) Whether such practice and procedures are sufficient to 
        protect the health and safety of such detainees.
            (4) Whether reports of such deaths were made to the Deaths 
        in Custody Reporting Program.

SEC. 506. GAO STUDY ON MIGRANT DEATHS.

    Within 120 days of the date of enactment and by the end of each 
fiscal year thereafter, the Comptroller General of the United States 
shall submit to the Committee on the Judiciary and Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on the Judiciary and Committee on Homeland Security of the 
House, a report on:
            (1) the total number of migrant deaths along the southern 
        border in the last 5 years;
            (2) the total number of unidentified deceased migrants 
        found along the southern border;
            (3) the level of cooperation between U.S. Customs and 
        Border Protection, local and State law enforcement, foreign 
        diplomatic and consular posts, nongovernmental organizations, 
        and family members to accurately identify deceased individuals;
            (4) the use of DNA testing and sharing of such data between 
        U.S. Customs and Border Protection, local and State law 
        enforcement, foreign diplomatic and consular posts, and 
        nongovernmental organizations to accurately identify deceased 
        individuals;
            (5) the comparison of DNA data with information on Federal, 
        state, and local missing person registries; and
            (6) the procedures and processes U.S. Customs and Border 
        Protection has in place for notification of relevant 
        authorities or family members after missing persons are 
        identified through DNA testing.

SEC. 507. STATUTE OF LIMITATIONS FOR VISA, NATURALIZATION, AND OTHER 
              FRAUD OFFENSES INVOLVING WAR CRIMES OR HUMAN RIGHTS 
              VIOLATIONS.

    (a) Statute of Limitations for Visa Fraud and Other Offenses.--
Chapter 213, Title 18, United States Code, is amended by adding new 
section 3302, as follows:

``SEC. 3302. FRAUD IN CONNECTION WITH CERTAIN HUMAN RIGHTS VIOLATIONS 
              OR WAR CRIMES.

    ``(a) No person shall be prosecuted, tried, or punished for 
violation of any provision of sections 1001 and 1015 of chapter 47, 
section 1425 of chapter 63, section 1546 of chapter 75, section 1621 of 
chapter 79, and section 3291 of chapter 212A of title 18 of the United 
States Code, or for attempt or conspiracy to violate any of such 
sections, when the fraudulent conduct, misrepresentation, concealment, 
or fraudulent, fictitious, or false statement concerns the alleged 
offender's participation, at any time, at any place, and irrespective 
of the nationality of the alleged offender or any victim, in a human 
rights violation or war crime, or the alleged offender's membership in, 
service in, or authority over a military, paramilitary, or police 
organization that participated in such conduct during any part of any 
period in which the alleged offender was a member of, served in, or had 
authority over the organization, unless the indictment is found or the 
information is instituted within 20 years after the commission of the 
offense, except that an indictment may be found, or information 
instituted, at any time without limitation if the commission of such 
human rights violation or war crime resulted in the death of any 
person.
    ``(b) For purposes of subsection (a), `human rights violation or 
war crime' means genocide, incitement to genocide, war crimes, torture, 
female genital mutilation, extrajudicial killing under color of foreign 
law, persecution, particularly severe violation of religious freedom by 
a foreign government official, or the use or recruitment of child 
soldiers.
    ``(c) For purposes of subsection (b),
            ``(1) `genocide' means conduct described in section 1091(a) 
        of chapter 50A of this title,
            ``(2) `incitement to genocide' means conduct described in 
        section 1091(c) of chapter 50A of this title,
            ``(3) `war crimes' means conduct described in subsections 
        (c) and (d) of section 2441 of chapter 118 of this title,
            ``(4) `torture' means conduct described in subsections (1) 
        and (2) of section 2340 of chapter 113C of this title,
            ``(5) `female genital mutilation' means conduct described 
        in section 116 of chapter 7 of this title,
            ``(6) `extrajudicial killing under color of foreign law' 
        means conduct specified in section 1182(a)(3)(E)(iii) of 
        chapter 12 of title 8 of the United States Code,
            ``(7) `persecution' means conduct that is a bar to relief 
        under section 1158(b)(2)(A)(i) of chapter 12 of title 8 of the 
        United States Code,
            ``(8) `particularly severe violation of religious freedom' 
        means conduct described in section 6402(13) of chapter 73 of 
        title 22 of the United States Code, and
            ``(9) `use or recruitment of child soldiers' means conduct 
        described in subsections (a) and (d) of section 2442 of chapter 
        118 of this title.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to fraudulent conduct, misrepresentations, concealments, and 
fraudulent, fictitious, or false statements made or committed before, 
on, or after the date of enactment of this Act.

SEC. 508. CRIMINAL DETENTION OF ALIENS TO PROTECT PUBLIC SAFETY.

    (a) In General.--Section 3142(e) of title 18, United States Code, 
is amended to read as follows:
    ``(e) Detention.--
            ``(1) In general.--If, after a hearing pursuant to the 
        provisions of subsection (f), the judicial officer finds that 
        no condition or combination of conditions will reasonably 
        assure the appearance of the person as required and the safety 
        of any other person and the community, such judicial officer 
        shall order the detention of the person before trial.
            ``(2) Presumption arising from offenses described in 
        subsection (f)(1).--In a case described in subsection (f)(1) of 
        this section, a rebuttable presumption arises that no condition 
        or combination of conditions will reasonably assure the safety 
        of any other person and the community if such judicial officer 
        finds that--
                    ``(A) the person has been convicted of a Federal 
                offense that is described in subsection (f)(1), or of a 
                State or local offense that would have been an offense 
                described in subsection (f)(1) of this section if a 
                circumstance giving rise to Federal jurisdiction had 
                existed;
                    ``(B) the offense described in subparagraph (A) was 
                committed while the person was on release pending trial 
                for a Federal, State, or local offense; and
                    ``(C) a period of not more than 5 years has elapsed 
                since the date of conviction or the release of the 
                person from imprisonment, for the offense described in 
                subparagraph (A), whichever is later.
            ``(3) Presumption arising from other offenses involving 
        illegal substances, firearms, violence, or minors.--Subject to 
        rebuttal by the person, it shall be presumed that no condition 
        or combination of conditions will reasonably assure the 
        appearance of the person as required and the safety of the 
        community if the judicial officer finds that there is probable 
        cause to believe that the person committed--
                    ``(A) an offense for which a maximum term of 
                imprisonment of 10 years or more is prescribed in the 
                Controlled Substances Act (21 U.S.C. 801 et seq.), the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                951 et seq.), or chapter 705 of title 46;
                    ``(B) an offense under section 924(c), 956(a), or 
                2332b of this title;
                    ``(C) an offense listed in section 2332b(g)(5)(B) 
                of this title for which a maximum term of imprisonment 
                of 10 years or more is prescribed; or
                    ``(D) an offense involving a minor victim under 
                section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 
                2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 
                2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 
                2422, 2423, or 2425 of this title.
            ``(4) Presumption arising from offenses relating to 
        immigration law.--Subject to rebuttal by the person, it shall 
        be presumed that no condition or combination of conditions will 
        reasonably assure the appearance of the person as required if 
        the judicial officer finds that there is probable cause to 
        believe that the person is an alien and that the person--
                    ``(A) has no lawful immigration status in the 
                United States;
                    ``(B) is the subject of a final order of removal; 
                or
                    ``(C) has committed a felony offense under section 
                842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 
                1426 of this title, or any section of chapters 75 and 
                77 of this title, or section 243, 274, 275, 276, 277, 
                or 278 of the Immigration and Nationality Act (8 U.S.C. 
                1253, 1324, 1325, 1326, 1327, and 1328).''.
    (b) Immigration Status as Factor in Determining Conditions of 
Release.--Section 3142(g)(3) of title 18, United States Code, is 
amended--
            (1) in subparagraph (A), by striking ``and'' at the end; 
        and
            (2) by adding at the end the following:
                    ``(C) whether the person is in a lawful immigration 
                status, has previously entered the United States 
                illegally, has previously been removed from the United 
                States, or has otherwise violated the conditions of his 
                or her lawful immigration status; and''.

SEC. 509. RECRUITMENT OF PERSONS TO PARTICIPATE IN TERRORISM.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by inserting after section 2332b the following:
``Sec. 2332c. Recruitment of persons to participate in terrorism
    ``(a) Offenses.--
            ``(1) In general.--It shall be unlawful for any person to 
        employ, solicit, induce, command, or cause another person to 
        commit an act of domestic terrorism or international terrorism 
        or a Federal crime of terrorism, with the intent that the other 
        person commit such act or crime of terrorism.
            ``(2) Attempt and conspiracy.--It shall be unlawful for any 
        person to attempt or conspire to commit an offense under 
        paragraph (1).
    ``(b) Penalties.--Any person who violates subsection (a)--
            ``(1) in the case of an attempt or conspiracy, shall be 
        fined under this title, imprisoned not more than 10 years, or 
        both;
            ``(2) if death of an individual results, shall be fined 
        under this title, punished by death or imprisoned for any term 
        of years or for life, or both;
            ``(3) if serious bodily injury to any individual results, 
        shall be fined under this title, imprisoned not less than 10 
        years nor more than 25 years, or both; and
            ``(4) in any other case, shall be fined under this title, 
        imprisoned not more than 10 years, or both.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed or applied so as to abridge the exercise of rights guaranteed 
under the First Amendment to the Constitution of the United States.
    ``(d) Lack of Consummated Terrorist Act Not a Defense.--It is not a 
defense under this section that the act of domestic terrorism or 
international terrorism or Federal crime of terrorism that is the 
object of the employment, solicitation, inducement, commanding, or 
causing has not been done.
    ``(e) Definitions.--In this section--
            ``(1) the term `Federal crime of terrorism' has the meaning 
        given that term in section 2332b; and
            ``(2) the term `serious bodily injury' has the meaning 
        given that term in section 1365(h).''.
    (b) Table of Sections Amendment.--The table of sections at the 
beginning of chapter 113B of title 18, United States Code, is amended 
by inserting after the item relating to section 2332b the following:

``2332c. 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.

    (a) Inadmissibility of Persecutors, War Criminals, and Participants 
in Crimes Against Humanity.--Subparagraph (E) of section 212(a)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is 
amended--
            (1) by striking the subparagraph heading and inserting 
        ``Participants in persecution (including nazi persecutions), 
        genocide, war crimes, crimes against humanity, or the 
        commission of any act of torture or extrajudicial killing.--'';
            (2) by adding after subclause (iii) the following:
                            ``(iv) Persecutors, war criminals, and 
                        participants in crimes against humanity.--Any 
                        alien, including those who are superior 
                        commanders, who committed, ordered, incited, 
                        assisted, or otherwise participated in a war 
                        crime as defined in section 2441(c) of title 
                        18, United States Code, a crime against 
                        humanity, or in the persecution of any person 
                        on account of race, religion, nationality, 
                        membership in a particular social group, or 
                        political opinion, is inadmissible.
                            ``(v) Crime against humanity defined.--In 
                        this subparagraph, the term `crime against 
                        humanity' means conduct that is part of a 
                        widespread and systematic attack targeting any 
                        civilian population, and with knowledge that 
                        the conduct was part of the attack or with the 
                        intent that the conduct be part of the attack--
                                    ``(I) that, if such conduct 
                                occurred in the United States or in the 
                                special maritime and territorial 
                                jurisdiction of the United States, 
                                would violate--
                                            ``(aa) section 1111 of 
                                        title 18, United States Code 
                                        (relating to murder);
                                            ``(bb) section 1201(a) of 
                                        title 18, United States Code 
                                        (relating to kidnapping);
                                            ``(cc) section 1203(a) of 
                                        title 18, United States Code 
                                        (relating to hostage taking), 
                                        notwithstanding any exception 
                                        under subsection (b) of such 
                                        section 1203;
                                            ``(dd) section 1581(a) of 
                                        title 18, United States Code 
                                        (relating to peonage);
                                            ``(ee) section 1583(a)(1) 
                                        of title 18, United States Code 
                                        (relating to kidnapping or 
                                        carrying away individuals for 
                                        involuntary servitude or 
                                        slavery);
                                            ``(ff) section 1584(a) of 
                                        title 18, United States Code 
                                        (relating to sale into 
                                        involuntary servitude);
                                            ``(gg) section 1589(a) of 
                                        title 18, United States Code 
                                        (relating to forced labor);
                                            ``(hh) section 1590(a) of 
                                        title 18, United States Code 
                                        (relating to trafficking with 
                                        respect to peonage, slavery, 
                                        involuntary servitude, or 
                                        forced labor);
                                            ``(ii) section 1591(a) of 
                                        title 18, United States Code 
                                        (relating to sex trafficking of 
                                        children or by force, fraud, or 
                                        coercion);
                                            ``(jj) section 2241(a) of 
                                        title 18, United States Code 
                                        (relating to aggravated sexual 
                                        abuse by force or threat); or
                                            ``(kk) section 2242 of 
                                        title 18, United States Code 
                                        (relating to sexual abuse);
                                    ``(II) that would constitute 
                                torture as defined in section 2340(1) 
                                of title 18, United States Code;
                                    ``(III) that would constitute cruel 
                                or inhuman treatment as described in 
                                section 2441(d)(1)(B) of title 18, 
                                United States Code;
                                    ``(IV) that would constitute 
                                performing biological experiments as 
                                described in section 2441(d)(1)(C) of 
                                title 18, United States Code;
                                    ``(V) that would constitute 
                                mutilation or maiming as described in 
                                section 2441(d)(1)(E) of title 18, 
                                United States Code; or
                                    ``(VI) that would constitute 
                                intentionally causing serious bodily 
                                injury as described in section 
                                2441(d)(1)(F) of title 18, United 
                                States Code.''.
                            ``(vi) Systematic.--In this subparagraph, 
                        the term `systematic' means the commission of a 
                        series of acts following a regular pattern and 
                        occurring in an organized, non-random manner.
                            ``(vii) Widespread.--In this subparagraph, 
                        the term `widespread' means either a single, 
                        large scale act or a series of acts directed 
                        against a substantial number of victims.
                            ``(viii) Superior commander.--The term 
                        `superior commander' means--
                                    ``(I) a military commander or a 
                                person with effective control of 
                                military forces or an armed group;
                                    ``(II) who knew or should have 
                                known that a subordinate or someone 
                                under his or her effective control is 
                                committing acts described in subsection 
                                (a), is about to commit such acts, or 
                                had committed such acts; and
                                    ``(III) who fails to take the 
                                necessary and reasonable measures to 
                                prevent such acts or, for acts that 
                                have been committed, to punish the 
                                perpetrators thereof.''.
            (3) by revising in (iii)(II) the following:
                    (A) by deleting `` of any foreign nation'', and
                    (B) by inserting after ``is inadmissible'' the 
                following clause:
                                    ``(III) Color of law. For purposes 
                                of this subsection and subsection 
                                237(a)(4)(D) only, acting under `color 
                                of law' includes acts taken as part of 
                                an armed group exercising de facto 
                                authority.''.
    (b) Barring Waiver of Inadmissibility for Persecutors.--
Subparagraph (A) of section 212(d)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by striking ``and 
clauses (i) and (ii) of paragraph (3)(E)'' both places that term 
appears and inserting ``and (3)(E)''.
    (c) Removal of Persecutors.--Subparagraph (D) of section 237(a)(4) 
of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(D)) is 
amended--
            (1) by striking ``Nazi'' in the subparagraph heading; and
            (2) by striking ``or (iii)'' and inserting ``(iii), or 
        (iv)'';
            (3) by inserting after subsection (G), as redesignated by 
        Title VIII of this Act, the following:
                    ``(H) Participation in female genital mutilation. 
                Any alien who has committed, ordered, incited, 
                assisted, or otherwise participated in female genital 
                mutilation, is deportable.''.
    (d) Severe Violations of Religious Freedom.--Section 212(a)(2)(G) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G) is 
amended--
            (1) in the header, by striking ``Foreign government 
        officials'' and replacing it with ``Any persons''; and
            (2) by striking ``, while serving as a foreign government 
        official,''.
    (e) Barring Persecutors From Establishing Good Moral Character.--
Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) in paragraph (9), by striking ``killings) or 
        212(a)(2)(G) (relating to severe violations of religious 
        freedom).'' and inserting ``killings), 212(a)(2)(G) (relating 
        to severe violations of religious freedom), or 212(a)(3)(G) 
        (relating to recruitment and use of child soldiers);''; and
            (2) by inserting after paragraph (9) the following:
            ``(10) one who at any time committed, ordered, incited, 
        assisted, or otherwise participated in the persecution of any 
        person on account of race, religion, nationality, membership in 
        a particular social group, or political opinion is 
        inadmissible.''.
    (f) Increasing Criminal Penalties for Anyone Who Aids and Abets the 
Entry of a Persecutor.--Section 277 of the Immigration and Nationality 
Act (8 U.S.C. 1327) is amended by striking ``(other than subparagraph 
(E) thereof)''.
    (g) Increasing Criminal Penalties for Female Genital Mutilation.--
Section 116 of Title 18 U.S.C. is amended--
            (1) in subsection (a), by striking `` shall be fined under 
        this title or imprisoned not more than 5 years, or both'' at 
        the end, and inserting the following:
                    
                            
                        ``has engaged in a violent crime against 
                        children under section 3559(f)(3) of this title 
                        and shall be imprisoned for life or for any 
                        term of years not less than 10.''
            (2) in subsection (d), by striking ``shall be fined under 
        this title or imprisoned not more than 5 years, or both.'' at 
        the end, and inserting the following:
                    
                            
                        ``shall be imprisoned for life or for any term 
                        of years not less than 10.''
    (h) Material Support in the Recruitment or Use of Child Soldiers.--
            (1) Section 212(a)(3)(G) of the Immigration and Nationality 
        Act (8 U.S.C. 1182(a)(3)(G)) is amended by inserting after the 
        ``18,'' the following new clause:
                    
                            
                        ``or has provided material support in the 
                        recruitment or use of child soldiers in 
                        violation of section 2339A of title 18,''.
            (2) Section 237(a)(4)(G) of the Immigration and Nationality 
        Act (8 U.S.C. 1227(a)(4)(G)), as amended by Title VIII of this 
        Act, is amended by inserting after the ``18,'' the following 
        new clause:
                    
                            
                        ``or has provided material support in the 
                        recruitment or use of child soldiers in 
                        violation of section 2339A of title 18,''.
    (i) Female Genital Mutilation.--Section 212(a)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by 
inserting new (H) to read as follows:
                    ``(H) Participation in female genital mutilation.--
                Any alien who has ordered, incited, assisted, or 
                otherwise participated in female genital mutilation, is 
                inadmissible.''.
    (j) Technical Amendments.--
            (1) Section 101(a)(42).--Section 101(a)(42) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is 
        amended by inserting ``committed,'' before ``ordered''.
            (2) Section 208(b)(2)(A)(i).--Section 208(b)(2)(A)(i) of 
        the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(i)) 
        is amended by inserting ``committed,'' before ``ordered''.
            (3) Section 241(b)(3)(B)(i).--Section 241(b)(3)(B)(i) of 
        the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)(i)) 
        is amended by inserting ``committed,'' before ``ordered''.
    (k) Effective Date.--The amendments made by this section shall 
apply to any offense committed before, on, or after the date of 
enactment of this Act.

SEC. 511. GANG MEMBERSHIP, REMOVAL, AND INCREASED CRIMINAL PENALTIES 
              RELATED TO GANG VIOLENCE.

    (a) Definition of Criminal Gang.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after 
subparagraph (52) the following:
            ``(53)(A) The term `criminal gang' means an ongoing group, 
        club, organization, or association of 5 or more persons that--
                    ``(i) has as one of its primary purposes the 
                commission of 1 or more of the criminal offenses set 
                out under subparagraph (B) and the members of which 
                engage, or have engaged within the past 5 years, in a 
                continuing series of such offenses; or
                    ``(ii) has been designated as a criminal gang by 
                the Secretary of Homeland Security, in consultation 
                with the Attorney General, as meeting criteria set out 
                in clause (i).
            ``(B) The offenses described under this subparagraph, 
        whether in violation of Federal or State law or the law of a 
        foreign country and regardless of whether the offenses occurred 
        before, on, or after the date of the enactment of the Building 
        America's Trust Act, are the following:
                    ``(i) A felony drug offense (as that term is 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802)).
                    ``(ii) An offense involving illicit trafficking in 
                a controlled substance (as defined in section 102 of 
                the Controlled Substances Act), including a drug 
                trafficking crime (as defined in section 924(c) of 
                title 18, United States Code).
                    ``(iii) An offense under section 274 (relating to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                importation of alien for immoral purpose).
                    ``(iv) Any offense under Federal, State, or Tribal 
                law, that has, as an element, the use or attempted use 
                of physical force or the threatened use of physical 
                force or a deadly weapon.
                    ``(v) Any offense that has as an element the use, 
                attempted use, or threatened use of any physical object 
                to inflict or cause (either directly or indirectly) 
                serious bodily injury, including an injury that may 
                ultimately result in the death of a person.
                    ``(vi) An offense involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(vii) Any conduct punishable under section 1028 
                or 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery and trafficking in persons), section 1952 of 
                such title (relating to interstate and foreign travel 
                or transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property).
                    ``(viii) A conspiracy to commit an offense 
                described in clauses (i) through (v).
            ``(C) Notwithstanding any other provision of law (including 
        any effective date), a group, club, organization, or 
        association shall be considered a criminal gang regardless of 
        whether the conduct occurred before, on, or after the date of 
        the enactment of the Building America's Trust Act.''.
    (b) Inadmissibility.--Paragraph (2) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by 
adding at the end the following:
                    ``(J) Aliens associated with criminal gangs.--Any 
                alien is inadmissible who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe--
                            ``(i) to be or to have been a member of a 
                        criminal gang (as defined in section 
                        101(a)(53)); or
                            ``(ii) to have participated in the 
                        activities of a criminal gang (as defined in 
                        section 101(a)(53)), knowing or having reason 
                        to know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Paragraph (2) of section 237(a) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
adding at the end the following:
                    ``(G) Aliens associated with criminal gangs.--Any 
                alien who the Secretary of Homeland Security or the 
                Attorney General knows or has reason to believe--
                            ``(i) is or has been a member of a criminal 
                        gang (as defined in section 101(a)(53)), or
                            ``(ii) has participated in the activities 
                        of a criminal gang (as defined in section 
                        101(a)(53)) knowing or having reason to know 
                        that such activities will promote, further, 
                        aid, or support the illegal activity of the 
                        criminal gang,
                is deportable.''.
    (d) Designation of Criminal Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

    ``(a) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, and the Secretary of State may 
designate a group or association as a criminal gang if their conduct is 
described in section 101(a)(53) or if the group's or association's 
conduct poses a significant risk that threatens the security and the 
public safety of United States nationals or the national security, 
homeland security, foreign policy, or economy of the United States.
    ``(b) Effective Date.--Designations under subsection (a) shall 
remain in effect until the designation is revoked after consultation 
between the Secretary of Homeland Security, the Attorney General, and 
the Secretary of State or is terminated in accordance with Federal 
law.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 219 the following:

``220. Designation of criminal gangs.''
    (e) Annual Report on Detention of Criminal Gang Members.--Not later 
than March 1 of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary, after consultation with the 
heads of appropriate Federal agencies, shall submit to the Committee on 
Homeland Security and Governmental Affairs and the Committee on the 
Judiciary of the Senate and the Committee on Homeland Security and the 
Committee on the Judiciary of the House of Representatives a report on 
the number of aliens detained who are described by subparagraph (J) of 
section 212(a)(2) and subparagraph (G) of section 237(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(J) and 
1227(a)(2)(G)), as added by subsections (b) and (c).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Subparagraph (B) of section 241(b)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is 
        amended, in the matter preceding clause (i), by inserting ``who 
        is described in section 212(a)(2)(J)(i) or section 
        237(a)(2)(G)(i) or who is'' after ``to an alien''.
            (2) Ineligibility for asylum.--Subparagraph (A) of section 
        208(b)(2) of the Immigration and Nationality Act (8 U.S.C. 
        1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 
                        (relating to participation in criminal gangs); 
                        or''.
    (g) Temporary Protected Status.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary'';
            (2) in subsection (c)(2)(B)--
                    (A) in clause (i), by striking ``States, or'' and 
                inserting ``States;'';
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time after 
                        admission has been, an alien described in 
                        section 212(a)(2)(J)(i) or section 
                        237(a)(2)(G)(i).''.
    (h) Effective Date and Application.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall apply to acts that occur before, on, or after the date of the 
enactment of this Act.

SEC. 512. BARRING ALIENS WITH CONVICTIONS FOR DRIVING UNDER THE 
              INFLUENCE OR WHILE INTOXICATED.

    (a) Aggravated Felony Driving While Intoxicated.--
            (1) Definitions.--Section 101(a)(43) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
                    (A) in subparagraph (T), by striking ``and'';
                    (B) in subparagraph (U), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after subparagraph (U) the 
                following:
                    ``(V) a single conviction for driving while 
                intoxicated (including a conviction for driving while 
                under the influence of or impaired by alcohol or 
                drugs), when such impaired driving was the cause of the 
                serious bodily injury or death of another person or a 
                second or subsequent conviction for driving while 
                intoxicated (including a conviction for driving under 
                the influence of or impaired by alcohol or drugs), 
                without regard to whether the conviction is classified 
                as a misdemeanor or felony under State law. For 
                purposes of this paragraph, the Secretary of Homeland 
                Security or the Attorney General are not required to 
                prove the first conviction for driving while 
                intoxicated (including a conviction for driving while 
                under the influence of or impaired by alcohol or drugs) 
                as a predicate offense and need only make a factual 
                determination that the alien was previously convicted 
                for driving while intoxicated (including a conviction 
                for driving while under the influence of or impaired by 
                alcohol or drugs).''.
            (2) Effective date and application.--The amendments made by 
        this section shall take effect on the date of the enactment of 
        this Act and apply to any conviction entered on or after such 
        date.
    (b) Inadmissibility for Driving While Intoxicated or Under the 
Influence.--
            (1) In general.--Paragraph (2) of section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), as 
        amended by section 507, is further amended by adding at the end 
        the following:
                    ``(K) Driving while intoxicated and unlawfully 
                present in the united states.--An alien who--
                            ``(i) is convicted of driving while 
                        intoxicated, driving under the influence, or 
                        similar violation of State law, and
                            ``(ii) at the time of the commission of 
                        that offense was unlawfully present in the 
                        United States because the alien entered without 
                        inspection or admission, overstayed the period 
                        of stay authorized by the Secretary, or 
                        violated the terms of the alien's nonimmigrant 
                        visa,
                is inadmissible.''.
            (2) Effective date and application.--The amendments made by 
        paragraph (1) shall take effect on the date of the enactment of 
        this Act and apply to any conviction entered on or after such 
        date.
    (c) Deportation for Driving While Intoxicated or Under the 
Influence.--
            (1) In general.--Paragraph (2) of section 237(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
        amended by section 507, is further amended by adding at the end 
        the following:
                    ``(H) Driving while intoxicated and while 
                unlawfully present in the united states.--An alien is 
                deportable who--
                            ``(i) at the time of commission of the 
                        offense is unlawfully present in the United 
                        States because the alien entered without 
                        inspection or admission, overstayed the period 
                        of stay authorized by the Secretary, or 
                        violated the terms of the alien's nonimmigrant 
                        visa; and
                            ``(ii) is convicted of driving while 
                        intoxicated, driving under the influence, or 
                        similar violation of State law.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        take effect on the date of the enactment of this Act and apply 
        to any conviction entered on or after such date.
    (d) Good Moral Character Bar for DUI or DWI Convictions.--
            (1) In general.--Section 101(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)), as amended by section 506, 
        is further amended by inserting after paragraph (1) the 
        following:
            [``(2) inadmissible under section 212(a)(2)(K) or 
        deportable under section 237(a)(2)(H);]
    [``(e) Technical and Conforming Amendments.--Subsection (h) of 
section 212 of the Immigration and Nationality Act (8 U.S.C. 1182(h)) 
is amended--]
            [``(1) by inserting `or the Secretary' after `the Attorney 
        General' each place such term appears; and]
            [``(2) in the matter preceding paragraph (1), by striking 
        `and (E)' and inserting `(E), and (K)'.''.]
            [(2) Application.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        apply to any conviction entered on or after such date.]

SEC. 513. BARRING AGGRAVATED FELONS, BORDER CHECKPOINT RUNNERS, AND SEX 
              OFFENDERS FROM ADMISSION TO THE UNITED STATES.

    (a) Inadmissibility on Criminal and Related Grounds; Waivers.--
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is 
amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (A)(i)--
                            (i) in subclause (I), by striking ``, or'' 
                        and inserting a semicolon;
                            (ii) in subclause (II), by striking the 
                        comma at the end and inserting ``; or''; and
                            (iii) by inserting after subclause (II) the 
                        following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                statute relating to section 208 of the 
                                Social Security Act (42 U.S.C. 408) 
                                (relating to social security account 
                                numbers or social security cards) or 
                                section 1028 of title 18, United States 
                                Code (relating to fraud and related 
                                activity in connection with 
                                identification documents, 
                                authentication features, and 
                                information);''; and
                    (B) by inserting after subparagraph (K), as added 
                by section 508, the following:
                    ``(L) Citizenship fraud.--Any alien convicted of, 
                or who admits having committed, or who admits 
                committing acts which constitute the essential elements 
                of, a violation of, or an attempt or a conspiracy to 
                violate, subsection (a) or (b) of section 1425 of title 
                18, United States Code, (relating to the procurement of 
                citizenship or naturalization unlawfully) is 
                inadmissible.
                    ``(M) Certain firearm offenses.--Any alien who at 
                any time has been convicted under any law of, or who 
                admits having committed or admits committing acts which 
                constitute the essential elements of, any law relating 
                to purchasing, selling, offering for sale, exchanging, 
                using, owning, possessing, or carrying, or of 
                attempting or conspiring to purchase, sell, offer for 
                sale, exchange, use, own, possess, or carry, any 
                weapon, part, or accessory which is a firearm or 
                destructive device (as defined in section 921(a) of 
                title 18, United States Code) in violation of any law 
                is inadmissible.
                    ``(N) Aggravated felons.--Any alien who has been 
                convicted of an aggravated felony as defined in section 
                101(a)(43) at any time is inadmissible.
                    ``(O) High speed flight.--Any alien who has been 
                convicted of a violation of section 758 of title 18, 
                United States Code, (relating to high speed flight from 
                an immigration checkpoint) is inadmissible.
                    ``(P) Failure to register as a sex offender.--Any 
                alien convicted under section 2250 of title 18, United 
                States Code is inadmissible.
                    ``(Q) Crimes of domestic violence, stalking, or 
                violation of protection orders; crimes against 
                children.--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--
                                    ``(I) In general.--Any alien who at 
                                any time is or has been convicted of a 
                                crime involving the use or attempted 
                                use of physical force, or threatened 
                                use of a deadly weapon, a crime of 
                                domestic violence, a crime of stalking, 
                                or a crime of child abuse, child 
                                neglect, or child abandonment is 
                                inadmissible.
                                    ``(II) Crime of domestic violence 
                                defined.--For purposes of this clause, 
                                the term `crime of domestic violence' 
                                means any crime of violence or any 
                                offense under Federal, State, or Tribal 
                                law, that has, as an element, the use 
                                or attempted use of physical force or 
                                the threatened use of physical force or 
                                a deadly weapon against a person 
                                committed by a current or former spouse 
                                of the person, by an individual with 
                                whom the person shares a child in 
                                common, by an individual who is 
                                cohabiting with or has cohabited with 
                                the person as a spouse, by an 
                                individual similarly situated to a 
                                spouse of the person under the domestic 
                                or family violence laws of the 
                                jurisdiction where the offense occurs, 
                                or by any other individual against a 
                                person who is protected from that 
                                individual's acts under the domestic or 
                                family violence laws of the United 
                                States or any State, Indian tribal 
                                government, or unit of local 
                                government.
                            ``(ii) Violators of protection orders.--
                                    ``(I) In general.--Any alien who at 
                                any time is or has been enjoined under 
                                a protection order issued by a court 
                                and whom the court determines has 
                                engaged in conduct that violates the 
                                portion of a protection order that 
                                involves protection against credible 
                                threats of violence, repeated 
                                harassment, or bodily injury to the 
                                person or persons for whom the 
                                protection order was issued is 
                                inadmissible.
                                    ``(II) Protective order defined.--
                                In this clause, the term `protection 
                                order' means any injunction issued for 
                                the purpose of preventing violent or 
                                threatening acts of violence that 
                                involve the use or attempted use of 
                                physical force, or threatened use of a 
                                deadly weapon, committed by a current 
                                or former spouse, parent, or guardian 
                                of the victim, by a person with whom 
                                the victim shares a child in common, by 
                                a person who is cohabiting with or has 
                                cohabited with the victim as a spouse, 
                                parent, or guardian, or by a person 
                                similarly situated to a spouse, parent, 
                                or guardian of the victim, including 
                                temporary or final orders issued by 
                                civil or criminal courts (other than 
                                support or child custody orders or 
                                provisions) whether obtained by filing 
                                an independent action or as an 
                                independent order in another 
                                proceeding.
                            ``(iii) Waiver authorized.--For provision 
                        authorizing waiver of this subparagraph, see 
                        subsection (o).''; and
            (2) in subsection (h)--
                    (A) in the matter preceding paragraph (1), as 
                amended by this Act, by further amended by striking ``, 
                and (K)'', and inserting ``(K), and (M)'';
                    (B) in the matter following paragraph (2)--
                            (i) by striking ``torture.'' and inserting 
                        ``torture, or has been convicted of an 
                        aggravated felony.''; and
                            (ii) by striking ``if either since the date 
                        of such admission the alien has been convicted 
                        of an aggravated felony or the alien'' and 
                        inserting ``if since the date of such admission 
                        the alien''.
            (3) by adding new subsection (o) to read as follows--
    ``(o) Waiver for Victims of Domestic Violence.--
            ``(1) In general.--The Secretary of Homeland Security or 
        Attorney General is not limited by the criminal court record 
        and may waive the application of paragraph (2)(Q)(i) (with 
        respect to crimes of domestic violence and crimes of stalking) 
        and (ii) in the case of an alien who has been battered or 
        subjected to extreme cruelty and who is not and was not the 
        primary perpetrator of violence in the relationship upon a 
        determination that--
                    ``(A) the alien was acting in self-defense;
                    ``(B) the alien was found to have violated a 
                protection order intended to protect the alien; or
                    ``(C) the alien committed, was arrested for, was 
                convicted of, or pled guilty to committing a crime--
                            ``(i) that did not result in serious bodily 
                        injury; and
                            ``(ii) where there was a connection between 
                        the crime and the alien's having been battered 
                        or subjected to extreme cruelty.
            ``(2) Credible evidence considered.--In acting on 
        applications under this paragraph, the Secretary of Homeland 
        Security or Attorney General shall consider any credible 
        evidence relevant to the application. The determination of what 
        evidence is credible and the weight to be given that evidence 
        shall be within the sole discretion of the Secretary of 
        Homeland Security or Attorney General.''.
    (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(B)) is amended--
            (1) in clause (i), by striking the comma at the end and 
        inserting a semicolon;
            (2) in clause (ii), by striking ``, or'' at the end and 
        inserting a semicolon;
            (3) in clause (iii), by striking the comma at the end and 
        inserting ``; or''; and
            (4) by inserting after clause (iii) the following:
                            ``(iv) of a violation of, or an attempt or 
                        a conspiracy to violate, subsection (a) or (b) 
                        of section 1425 of title 18 (relating to the 
                        procurement of citizenship or naturalization 
                        unlawfully),''.
    (c) Deportability; Criminal Offenses.--Paragraph (2) of section 
237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
amended by sections 507 and 508, is further amended by adding at the 
end the following:
                    ``(I) Identification fraud.--Any alien who is 
                convicted of a violation of (or a conspiracy or attempt 
                to violate) an offense relating to section 208 of the 
                Social Security Act (42 U.S.C. 408) (relating to social 
                security account numbers or social security cards) or 
                section 1028 of title 18, United States Code, (relating 
                to fraud and related activity in connection with 
                identification), is deportable.''.
    (d) Applicability.--The amendments made by this section shall apply 
to--
            (1) any act that occurred before, on, or after the date of 
        the enactment of this Act;
            (2) all aliens who are required to establish admissibility 
        on or after such date of enactment; and
            (3) all removal, deportation, or exclusion proceedings that 
        are filed, pending, or reopened, on or after such date of 
        enactment.
    (e) Construction.--The amendments made by this section shall not be 
construed to create eligibility for relief from removal under former 
section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)) if such eligibility did not exist before the date of enactment 
of this Act.

SEC. 514. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

    (a) Immigrants.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
            (1) in subparagraph (A), by amending clause (viii) to read 
        as follows:
                            ``(viii) Clause (i) shall not apply to a 
                        citizen of the United States who has been 
                        convicted of an offense described in 
                        subparagraph (A), (I), or (K) of section 
                        101(a)(43) or a specified offense against a 
                        minor as defined in section 111 of the Adam 
                        Walsh Child Protection and Safety Act of 2006 
                        (42 U.S.C. 16911(7)), unless the Secretary of 
                        Homeland Security, in the Secretary's sole and 
                        unreviewable discretion, determines that the 
                        citizen poses no risk to the alien with respect 
                        to whom a petition described in clause (i) is 
                        filed.''; and
            (2) in subparagraph (B)(i)--
                    (A) by redesignating the second subclause (I) as 
                subclause (II); and
                    (B) by amending such subclause (II) to read as 
                follows:
                                    ``(II) Subclause (I) shall not 
                                apply in the case of an alien lawfully 
                                admitted for permanent residence who 
                                has been convicted of an offense 
                                described in subparagraph (A), (I), or 
                                (K) of section 101(a)(43) or a 
                                specified offense against a minor as 
                                defined in section 111 of the Adam 
                                Walsh Child Protection and Safety Act 
                                of 2006 (42 U.S.C. 16911(7)), unless 
                                the Secretary of Homeland Security, in 
                                the Secretary's sole and unreviewable 
                                discretion, determines that the alien 
                                lawfully admitted for permanent 
                                residence poses no risk to the alien 
                                with respect to whom a petition 
                                described in subclause (I) is filed.''.
    (b) Nonimmigrants.--Section 101(a)(15)(K) of such Act (8 U.S.C. 
1101(a)(15)(K)), is amended by striking ``204(a)(1)(A)(viii)(I))'' each 
place such term appears and inserting ``204(a)(1)(A)(viii))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
petitions filed on or after such date.

SEC. 515. ENHANCED CRIMINAL PENALTIES FOR HIGH SPEED FLIGHT.

    (a) In General.--Section 758 of title 18, United States Code, is 
amended to read as follows:
``Sec. 758. Unlawful flight from immigration or customs controls
    ``(a) Evading a Checkpoint.--Any person who, while operating a 
motor vehicle or vessel, knowingly flees or evades a checkpoint 
operated by the Department of Homeland Security or any other Federal 
law enforcement agency, and then knowingly or recklessly disregards or 
disobeys the lawful command of any law enforcement agent, shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(b) Failure to Stop.--Any person who, while operating a motor 
vehicle, aircraft, or vessel, knowingly or recklessly disregards or 
disobeys the lawful command of an officer of the Department of Homeland 
Security engaged in the enforcement of the immigration, customs, or 
maritime laws, or the lawful command of any law enforcement agent 
assisting such officer, shall be fined under this title, imprisoned not 
more than 2 years, or both.
    ``(c) Alternative Penalties.--Notwithstanding the penalties 
provided in subsection (a) or (b), any person who violates such 
subsection shall--
            ``(1) be fined under this title, imprisoned not more than 
        10 years, or both, if the violation involved the operation of a 
        motor vehicle, aircraft, or vessel--
                    ``(A) in excess of the applicable or posted speed 
                limit,
                    ``(B) in excess of the rated capacity of the motor 
                vehicle, aircraft, or vessel, or
                    ``(C) in an otherwise dangerous or reckless manner;
            ``(2) be fined under this title, imprisoned not more than 
        20 years, or both, if the violation created a substantial and 
        foreseeable risk of serious bodily injury or death to any 
        person;
            ``(3) be fined under this title, imprisoned not more than 
        30 years, or both, if the violation caused serious bodily 
        injury to any person; or
            ``(4) be fined under this title, imprisoned for any term of 
        years or life, or both, if the violation resulted in the death 
        of any person.
    ``(d) Attempt and Conspiracy.--Any person who attempts or conspires 
to commit any offense under this section shall be punished in the same 
manner as a person who completes the offense.
    ``(e) Forfeiture.--Any property, real or personal, constituting or 
traceable to the gross proceeds of the offense and any property, real 
or personal, used or intended to be used to commit or facilitate the 
commission of the offense shall be subject to forfeiture.
    ``(f) Forfeiture Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of this 
title, relating to civil forfeitures, including section 981(d), except 
that such duties as are imposed upon the Secretary of the Treasury 
under the customs laws described in that section shall be performed by 
such officers, agents, and other persons as may be designated for that 
purpose by the Secretary of Homeland Security or the Attorney General. 
Nothing in this section shall limit the authority of the Secretary of 
Homeland Security to seize and forfeit motor vehicles, aircraft, or 
vessels under the Customs laws or any other laws of the United States.
    ``(g) Definitions.--For purposes of this section--
            ``(1) the term `checkpoint' includes, but is not limited 
        to, any customs or immigration inspection at a port of entry or 
        immigration inspection at a U.S. Border Patrol checkpoint;
            ``(2) the term `law enforcement agent' means--
                    ``(A) any Federal, State, local or tribal official 
                authorized to enforce criminal law; and
                    ``(B) when conveying a command described in 
                subsection (b), an air traffic controller;
            ``(3) the term `lawful command' includes a command to stop, 
        decrease speed, alter course, or land, whether communicated 
        orally, visually, by means of lights or sirens, or by radio, 
        telephone, or other communication;
            ``(4) the term `motor vehicle' means any motorized or self-
        propelled means of terrestrial transportation; and
            ``(5) the term `serious bodily injury' has the meaning 
        given in section 2119(2) of this title.''.
    (b) Construction.--The amendments made by subsection (a) shall not 
be construed to create eligibility for relief from removal under former 
section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)) if such eligibility did not exist before the date of enactment 
of this Act.

SEC. 516. PROHIBITION ON ASYLUM AND CANCELLATION OF REMOVAL FOR 
              TERRORISTS.

    (a) Asylum.--Subparagraph (A) of section 208(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)), as amended by 
section 506 and 507, is further amended--
            (1) by inserting ``or the Secretary'' after ``if the 
        Attorney General''; and
            (2) by striking clause (v), and inserting:
                            ``(v) the alien is described in section 
                        212(a)(3)(B)(i) or section 212(a)(3)(F), 
                        unless, in the case of an alien described in 
                        subclause (IX) of section 212(a)(3)(B)(i), the 
                        Secretary or the Attorney General determines, 
                        in his or her sole and unreviewable discretion, 
                        that there are not reasonable grounds for 
                        regarding the alien as a danger to the security 
                        of the United States;''.
    (b) Cancellation of Removal.--Paragraph (4) of section 240A(c) of 
the Immigration and Nationality Act (8 U.S.C. 1229b(c)(4)) is amended--
            (1) by striking ``inadmissible under'' and inserting 
        ``described in''; and
            (2) by striking ``deportable under'' and inserting 
        ``described in''.
    (c) Restriction on Removal.--
            (1) In general.--Subparagraph (A) of section 241(b)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(A)) is 
        amended--
                    (A) by inserting ``or the Secretary'' after 
                ``Attorney General'' both places that term appears;
                    (B) by striking ``Notwithstanding'' and inserting 
                the following:
                            ``(i) In general.--Notwithstanding''; and
                    (C) by adding at the end the following:
                            ``(ii) Burden of proof.--The alien has the 
                        burden of proof to establish that the alien's 
                        life or freedom would be threatened in such 
                        country, and that race, religion, nationality, 
                        membership in a particular social group, or 
                        political opinion would be at least one central 
                        reason for such threat.''.
            (2) Exception.--Subparagraph (B) of section 241(b)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)) is 
        amended--
                    (A) by inserting ``or the Secretary of Homeland 
                Security'' after ``Attorney General'' both places that 
                term appears;
                    (B) in clause (iii), striking ``or'' at the end;
                    (C) in clause (iv), striking the period at the end 
                and inserting ``; or'';
                    (D) inserting after clause (iv) the following:
                            ``(v) the alien is described in section 
                        212(a)(3)(B)(i) or section 212(a)(3)(F), 
                        unless, in the case of an alien described in 
                        subclause (IX) of section 212(a)(3)(B)(i), the 
                        Secretary of Homeland Security or the Attorney 
                        General determines, in his or her sole and 
                        unreviewable discretion, that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United States;
                            ``(vi) the alien is convicted of an 
                        aggravated felony.''; and
                    (E) by striking the undesignated matter at the end 
                of the subparagraph (B).
            (3) Sustaining burden of proof; credibility 
        determinations.--Subparagraph (C) of section 241(b)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(C)) is 
        amended by striking ``In determining whether an alien has 
        demonstrated that the alien's life or freedom would be 
        threatened for a reason described in subparagraph (A),'' and 
        inserting ``For purposes of this paragraph,''.
            (4) Effective date and application.--The amendments made in 
        paragraphs (1) and (2) shall take effect as if enacted on May 
        11, 2005, and shall apply to applications for withholding of 
        removal made on or after such date.
    (d) Effective Dates.--Except as provided in paragraph (c)(4), the 
amendments made by this section shall take effect on the date of the 
enactment of this Act and sections 208(b)(2)(A), 240A(c), and 241(b)(3) 
of the Immigration and Nationality Act, as so amended, shall apply to--
            (1) all aliens in removal, deportation, or exclusion 
        proceedings;
            (2) all applications pending on, or filed after, the date 
        of the enactment of this Act; and
            (3) with respect to aliens and applications described in 
        paragraph (1) or (2) of this subsection, acts and conditions 
        constituting a ground for exclusion, deportation, or removal 
        occurring or existing before, on, or after the date of the 
        enactment of this Act.

SEC. 517. AGGRAVATED FELONIES.

    (a) Definition of Aggravated Felony.--Paragraph (43) of section 
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), 
as amended by section 508, is further amended--
            (1) in subparagraph (A), by striking ``sexual abuse of a 
        minor;'' and inserting ``any conviction for a sex offense, 
        including an offense described in sections 2241 and 2243 of 
        Title 18, United States Code, or an offense where the alien 
        abused or was involved in the abuse of any individual under the 
        age of 18 years, or in which the victim is in fact under the 
        age of 18 years, regardless of the reason and extent of the 
        act, the sentence imposed, or the elements in the offense that 
        are required for conviction;'';
            (2) in subparagraph (F), by striking ``at least one year'' 
        and inserting ``is at least one year, except that if the 
        conviction records do not conclusively establish whether a 
        crime constitutes a crime of violence or an offense under 
        Federal, State, or Tribal law, that has, as an element, the use 
        or attempted use of physical force or the threatened use of 
        physical force or a deadly weapon, the Attorney General or 
        Secretary of Homeland Security may consider other evidence 
        related to the conviction, including but not limited to police 
        reports and witness statements, that clearly establishes that 
        the conduct for which the alien was engaged constitutes a crime 
        of violence or an offense under Federal, State, or Tribal law, 
        that has, as an element, the use or attempted use of physical 
        force or the threatened use of physical force or a deadly 
        weapon;'';
            (3) by striking subparagraph (G) and inserting the 
        following:
                            ``(G) a theft offense under State or 
                        Federal law (including theft by deceit, theft 
                        by fraud, and receipt of stolen property) or 
                        burglary offense under State or Federal law for 
                        which the term of imprisonment is at least one 
                        year, except that if the conviction records do 
                        not conclusively establish whether a crime 
                        constitutes a theft or burglary offense, the 
                        Attorney General or Secretary of Homeland 
                        Security may consider other evidence related to 
                        the conviction, including but not limited to 
                        police reports and witness statements, that 
                        clearly establishes that the conduct for which 
                        the alien was engaged constitutes a theft or 
                        burglary offense;'';
            (4) in subparagraph (I), by striking ``or 2252'' and 
        inserting ``2252, or 2252A'';
            (5) in subparagraph (N), by striking ``paragraph (1)(A) or 
        (2) of'' and inserting a semicolon at the end;
            (6) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph;'' and inserting ``section 275 
        or 276 for which the term of imprisonment is at least 1 
        year;'';
            (7) in subparagraph (P) by striking ``(i) which either is 
        falsely making, forging, counterfeiting, mutilating, or 
        altering a passport or instrument in violation of section 1543 
        of title 18, United States Code, or is described in section 
        1546(a) of such title (relating to document fraud) and (ii)'' 
        and inserting ``which is described in the first paragraph of 
        section 1541, 1542, 1543, 1544, 1546(a), or 1547 of chapter 75 
        of title 18, United States Code, and'';
            (8) in subparagraph (U), by striking ``an attempt or 
        conspiracy to commit an offense described in this paragraph'' 
        and inserting ``an attempt to commit, conspiracy to commit, or 
        facilitation of an offense described in this paragraph, or 
        aiding, abetting, procuring, commanding, inducing, or 
        soliciting the commission of such an offense''; and
            (9) by striking the undesignated material at end of the 
        paragraph and inserting ``The term applies to an offense 
        described in this paragraph, whether in violation of Federal or 
        State law, or a law of a foreign country, for which the term of 
        imprisonment was completed within the previous 20 years, and 
        even if the length of the term of imprisonment for the offense 
        is based on recidivist or other enhancements. Notwithstanding 
        any other provision of law (including any effective date), the 
        term applies regardless of whether the conviction was entered 
        before, on, or after September 30, 1996.''.
    (b) Definition of Conviction.--Section 101(a)(48) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended by 
adding at the end the following:
            ``(C)(i) Any reversal, vacatur, expungement, or 
        modification of a conviction, sentence, or conviction that was 
        granted to ameliorate the consequences of the conviction, 
        sentence, or conviction, or was granted for rehabilitative 
        purposes shall have no effect on the immigration consequences 
        resulting from the original conviction.
            ``(ii) The alien shall have the burden of demonstrating 
        that any reversal, vacatur, expungement, or modification, 
        including modification to any sentence for an offense, was not 
        granted to ameliorate the consequences of the conviction, 
        sentence, or conviction record, or for rehabilitative 
        purposes.''.
    (c) Effective Date and Application.--The amendments made by this 
section shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to any act that occurred before, on, or after 
        such date of enactment.

SEC. 518. CONVICTIONS.

    (a) Section 212(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)), as amended by sections 509 through 511, is further 
amended by adding at the end the following subparagraph:
                    ``(L) Convictions.--
                            ``(i) In general.--For purposes of 
                        determining whether an underlying criminal 
                        offense constitutes a ground of inadmissibility 
                        under this subsection, all statutes or common 
                        law offenses are divisible so long as any of 
                        the conduct encompassed by the statute 
                        constitutes an offense that is a ground of 
                        inadmissibility.
                            ``(ii) Other evidence.--If the conviction 
                        records (i.e., charging documents, plea 
                        agreements, plea colloquies, jury instructions) 
                        do not conclusively establish whether a crime 
                        constitutes a ground of inadmissibility, the 
                        Attorney General or the Secretary of Homeland 
                        Security may consider other evidence related to 
                        the conviction, including but not limited to 
                        police reports and witness statements, that 
                        clearly establishes that the conduct for which 
                        the alien was engaged constitutes a ground of 
                        inadmissibility.''.
    (b) Section 237(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)), as amended by sections __ and __, is further 
amended by adding at the end the following subparagraph:
                    ``(J) Criminal offenses.--
                            ``(i) In general.--For purposes of 
                        determining whether an underlying criminal 
                        offense constitutes a ground of deportability 
                        under this subsection, all statutes or common 
                        law offenses are divisible so long as any of 
                        the conduct encompassed by the statute 
                        constitutes an offense that is a ground of 
                        deportability.
                            ``(ii) Other evidence.--If the conviction 
                        records (i.e., charging documents, plea 
                        agreements, plea colloquies, jury instructions) 
                        do not conclusively establish whether a crime 
                        constitutes a ground of deportability, the 
                        Attorney General or the Secretary of Homeland 
                        Security may consider other evidence related to 
                        the conviction, including but not limited to 
                        police reports and witness statements, that 
                        clearly establishes that the conduct for which 
                        the alien was engaged constitutes a ground of 
                        deportability.''.

SEC. 519. PARDONS.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)), as amended by section --, is further amended by 
adding at the end the following:
            ``(54) The term `pardon' means a full and unconditional 
        pardon granted by the President of the United States, Governor 
        of any of the several States or constitutionally recognized 
        body.''.
    (b) Deportability.--Section 237(a) of such Act (8 U.S.C. 1227(a)), 
as amended by sections -- and --, is further amended--
            (1) in paragraph (2)(A), by striking clause (vi); and
            (2) by adding at the end the following:
            ``(8) Pardons.--In the case of an alien who has been 
        convicted of a crime and is subject to removal due to that 
        conviction, if the alien, subsequent to receiving the criminal 
        conviction, is granted a pardon, the alien shall not be 
        deportable by reason of that criminal conviction.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to a 
pardon granted before, on, or after such date.

SEC. 520. FAILURE TO OBEY REMOVAL ORDERS.

    (a) In General.--Section 243(a) of the Immigration and Nationality 
Act (8 U.S.C. 1253(a)) is amended--
            (1) in the matter preceding subparagraph (A) of paragraph 
        (1), by inserting ``212(a) or'' before ``237(a),''; and
            (2) by striking paragraph (3).
    (b) Effective Date.--The amendments made by subparagraph (A) shall 
take effect on the date of enactment of this Act and shall apply to 
acts that are described in subparagraphs (A) through (D) of section 
243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)) 
that occur on or after the date of enactment of this Act.

SEC. 521. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF 
              THEIR NATIONALS.

    Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) 
is amended by striking subsection (d) and inserting the following:
    ``(d) Listing of Countries Who Delay Repatriation of Removed 
Aliens.--
            ``(1) Listing of countries.--Beginning on the date that is 
        6 months after the date of enactment of the Building America's 
        Trust Act, and every 6 months thereafter, the Secretary shall 
        publish a report in the Federal Register that includes a list 
        of--
                    ``(A) countries that have refused or unreasonably 
                delayed repatriation of an alien who is a national of 
                that country since the date of enactment of this Act 
                and the total number of such aliens, disaggregated by 
                nationality;
                    ``(B) countries that have an excessive repatriation 
                failure rate; and
                    ``(C) each country that was reported as 
                noncompliant in the prior reporting period.
            ``(2) Exemption.--The Secretary of Homeland Security, in 
        the Secretary's sole and unreviewable discretion, and in 
        consultation with the Secretary of State, may exempt a country 
        from inclusion in the list under paragraph (1) if there are 
        significant foreign policy or security concerns that warrant 
        such an exemption.
    ``(e) Discontinuing Granting of Visas to Nationals of Countries 
Denying or Delaying Accepting Alien.--
            ``(1) In general.--Notwithstanding section 221(c), the 
        Secretary of Homeland Security shall take the action described 
        in paragraph (2)(A) and may take an action described in 
        paragraph (2)(B), if the Secretary determines that--
                    ``(A) an alien is inadmissible under section 212 or 
                deportable under section 237, or the alien has been 
                ordered removed from the United States; and
                    ``(B) the government of a foreign country is--
                            ``(i) denying or unreasonably delaying 
                        accepting aliens who are citizens, subjects, 
                        nationals, or residents of that country after 
                        the Secretary of Homeland Security asks whether 
                        the government will accept an alien under this 
                        section; or
                            ``(ii) refusing to issue any required 
                        travel or identity documents to allow the alien 
                        who is citizen, subject, national, or resident 
                        of that country to return to that country.
            ``(2) Actions described.--The actions described in this 
        paragraph are the following:
                    ``(A) An order from the Secretary of State to 
                consular officers in that foreign country to 
                discontinue granting visas under section 
                101(a)(15)(A)(iii) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, 
                servants, personal employees, and members of their 
                immediate families, of the officials and employees of 
                that country who receive nonimmigrant status under 
                clause (i) or (ii) of section 101(a)(15)(A) of such 
                Act.
                    ``(B) Denial of admission to any citizens, 
                subjects, nationals, and residents from that country or 
                the imposition--
                            ``(i) of any limitations, conditions, or 
                        additional fees on the issuance of visas or 
                        travel from that country; or
                            ``(ii) of any other sanctions authorized by 
                        law.
            ``(3) Resumption of visa issuance.--Consular officers in 
        the foreign country that refused or unreasonably delayed 
        repatriation or refused to issue required identity or travel 
        documents may resume visa issuance after the Secretary of 
        Homeland Security notifies the Secretary of State that the 
        country has accepted the aliens.''.

SEC. 522. ENHANCED PENALTIES FOR CONSTRUCTION AND USE OF BORDER 
              TUNNELS.

    Section 555 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``not more than 20 
        years.'' and inserting ``not less than 7 years but not more 
        than 20 years.''; and
            (2) in subsection (b), by striking ``not more than 10 
        years.'' and inserting ``not less than 3 years but not more 
        than 10 years.''.

SEC. 523. ENHANCED PENALTIES FOR FRAUD AND MISUSE OF VISAS, PERMITS, 
              AND OTHER DOCUMENTS.

    Section 1546(a) of title 18, United States Code, is amended--
            (1) by striking ``Commissioner of the Immigration and 
        Naturalization Service'' each place that term appears and 
        inserting ``Secretary of Homeland Security'';
            (2) by striking ``Shall be fined'' and all that follows 
        through the end and inserting ``Shall be fined under this title 
        or imprisoned for not less than 12 years but not more than 25 
        years (if the offense was committed to facilitate an act of 
        international terrorism (as defined in section 2331 of this 
        title)), not less than 10 years but not more than 20 years (if 
        the offense was committed to facilitate a drug trafficking 
        crime (as defined in section 929(a) of this title)), not less 
        than 5 years but not more than 10 years (in the case of the 
        first or second such offense, if the offense was not committed 
        to facilitate such an act of international terrorism or a drug 
        trafficking crime), or not less than 7 years but not more than 
        15 years (in the case of any other offense), or both.''

SEC. 524. EXPANSION OF CRIMINAL ALIEN REPATRIATION PROGRAMS.

    (a) Expansion of Department Criminal Alien Repatriation Flights.--
Not later than 90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall increase the number of criminal 
and illegal alien repatriation flights from the United States conducted 
by U.S. Customs and Border Protection and U.S. Immigration and Customs 
Enforcement Air Operations by not less than 15 percent more than the 
number of such flights operated, and authorized to be operated, under 
existing appropriations and funding on the date of the enactment of 
this Act.
    (b) U.S. Immigration and Customs Enforcement Air Operations.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall issue a directive to expand U.S. 
Immigration and Customs Enforcement Air Operations (ICE Air Ops) so 
that ICE Air Ops provides additional services with respect to aliens 
who are illegally present in the United States. Such expansion shall 
include--
            (1) increasing the daily operations of ICE Air Ops with 
        buses and air hubs in the top 5 geographic regions along the 
        southern border;
            (2) allocating a set number of seats for such aliens for 
        each metropolitan area; and
            (3) allowing a metropolitan area to trade or give some of 
        seats allocated to such area under paragraph (2) for such 
        aliens to other areas in the region of such area based on the 
        transportation needs of each area.
    (c) Authorization of Appropriations.--In addition to the amounts 
otherwise authorized to be appropriated, there is authorized to be 
appropriated $10,000,000 for each of fiscal years 2018 through 2021 to 
carry out this section.

         Subtitle B--Strong Visa Integrity Secures America Act

SEC. 531. SHORT TITLE.

    This subtitle may be cited as the ``Strong Visa Integrity Secures 
America Act''.

SEC. 532. VISA SECURITY.

    (a) Visa Security Units at High Risk Posts.--Paragraph (1) of 
section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)) 
is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
                    ``(A) Authorization.--Subject to the minimum number 
                specified in subparagraph (B), the Secretary''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Risk-based assignments.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the Secretary shall assign, 
                        in a risk-based manner, and considering the 
                        criteria described in clause (ii), employees of 
                        the Department to not fewer than 50 diplomatic 
                        and consular posts at which visas are issued.
                            ``(ii) Criteria described.--The criteria 
                        described in this clause (i) are the following:
                                    ``(I) The number of nationals of a 
                                country in which any of the diplomatic 
                                and consular posts referred to in 
                                clause (i) are located who were 
                                identified in United States Government 
                                databases related to the identities of 
                                known or suspected terrorists during 
                                the previous year.
                                    ``(II) Information on cooperation 
                                of such country with the 
                                counterterrorism efforts of the United 
                                States.
                                    ``(III) Information analyzing the 
                                presence, activity, or movement of 
                                terrorist organizations (as such term 
                                is defined in section 212(a)(3)(B)(vi) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1182(a)(3)(B)(vi)) within or 
                                through such country.
                                    ``(IV) The number of formal 
                                objections based on derogatory 
                                information issued by the Visa Security 
                                Advisory Opinion Unit pursuant to 
                                paragraph (10) regarding nationals of a 
                                country in which any of the diplomatic 
                                and consular posts referred to in 
                                clause (i) are located.
                                    ``(V) The adequacy of the border 
                                and immigration control of such 
                                country.
                                    ``(VI) Any other criteria the 
                                Secretary determines appropriate.
                            ``(iii) Rule of construction.--The 
                        assignment of employees of the Department 
                        pursuant to this subparagraph is solely the 
                        authority of the Secretary and may not be 
                        altered or rejected by the Secretary of 
                        State.''.
    (b) Counterterrorism Vetting and Screening.--Paragraph (2) of 
section 428(e) of the Homeland Security Act of 2002 is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Screen any such applications against the 
                appropriate criminal, national security, and terrorism 
                databases maintained by the Federal Government.''.
    (c) Training and Hiring.--Subparagraph (A) of section 428(e)(6) of 
the Homeland Security Act of 2002 is amended by--
            (1) striking ``The Secretary shall ensure, to the extent 
        possible, that any employees'' and inserting ``The Secretary, 
        acting through the Commissioner of U.S. Customs and Border 
        Protection and the Director of U.S. Immigration and Customs 
        Enforcement, shall provide training to any employees''; and
            (2) striking ``shall be provided the necessary training''.
    (d) Pre-adjudicated Visa Security Assistance and Visa Security 
Advisory Opinion Unit.--Subsection (e) of section 428 of the Homeland 
Security Act of 2002 is amended by adding at the end the following new 
paragraph:
            ``(9) Remote pre-adjudicated visa security assistance.--At 
        the visa-issuing posts at which employees of the Department are 
        not assigned pursuant to paragraph (1), the Secretary shall, in 
        a risk-based manner, assign employees of the Department to 
        remotely perform the functions required under paragraph (2) at 
        not fewer than 50 of such posts.
            ``(10) Visa security advisory opinion unit.--The Secretary 
        shall establish within U.S. Immigration and Customs Enforcement 
        a Visa Security Advisory Opinion Unit to respond to requests 
        from the Secretary of State to conduct a visa security review 
        using information maintained by the Department on visa 
        applicants, including terrorism association, criminal history, 
        counter-proliferation, and other relevant factors, as 
        determined by the Secretary.''.
    (e) Schedule of Implementation.--The requirements established under 
paragraphs (1) and (9) of section 428(e) of the Homeland Security Act 
of 2002 (6 U.S.C. 236(e)), as amended and added by this section, shall 
be implemented not later than three years after the date of the 
enactment of this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 to implement this section and the amendments 
made by this section.

SEC. 533. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), is amended by adding at the end the 
following new sections:

``SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.

    ``(a) In General.--Not later than one year after the date of the 
enactment of the Building America's Trust Act, the Commissioner of U.S. 
Customs and Border Protection shall--
            ``(1) screen electronic passports at airports of entry by 
        reading each such passport's embedded chip; and
            ``(2) to the greatest extent practicable, utilize facial 
        recognition technology or other biometric technology, as 
        determined by the Commissioner, to inspect travelers at United 
        States airports of entry.
    ``(b) Applicability.--
            ``(1) Electronic passport screening.--Paragraph (1) of 
        subsection (a) shall apply to passports belonging to 
        individuals who are United States citizens, individuals who are 
        nationals of a program country pursuant to section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187), and 
        individuals who are nationals of any other foreign country that 
        issues electronic passports.
            ``(2) Facial recognition matching.--Paragraph (2) of 
        subsection (a) shall apply, at a minimum, to individuals who 
        are nationals of a program country pursuant to section 217 of 
        the Immigration and Nationality Act.
    ``(c) Annual Report.--
            ``(1) In general.--The Commissioner of U.S. Customs and 
        Border Protection, in collaboration with the Chief Privacy 
        Officer of the Department, shall issue to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Homeland Security of the House of 
        Representatives an annual report through fiscal year 2021 on 
        the utilization of facial recognition technology and other 
        biometric technology pursuant to subsection (a)(2).
            ``(2) Report contents.--Each such report shall include--
                    ``(A) information on the type of technology used at 
                each airport of entry;
                    ``(B) the number of individuals who were subject to 
                inspection using either of such technologies at each 
                airport of entry;
                    ``(C) within the group of individuals subject to 
                such inspection, the number of those individuals who 
                were United States citizens and lawful permanent 
                residents;
                    ``(D) information on the disposition of data 
                collected during the year covered by such report; and
                    ``(E) information on protocols for the management 
                of collected biometric data, including timeframes and 
                criteria for storing, erasing, destroying, or otherwise 
                removing such data from databases utilized by the 
                Department.

``SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS AND BORDER 
              PROTECTION.

    ``The Commissioner of U.S. Customs and Border Protection shall, in 
a risk-based manner, continuously screen individuals issued any visa, 
and individuals who are nationals of a program country pursuant to 
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), who 
are present, or expected to arrive within 30 days, in the United 
States, against the appropriate criminal, national security, and 
terrorism databases maintained by the Federal Government.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 419 the following new items:

``Sec. 420. Electronic passport screening and biometric matching.''
``Sec. 420A. Continuous screening by U.S. Customs and Border 
                            Protection.''.

SEC. 534. REPORTING VISA OVERSTAYS.

    Section 2 of Public Law 105-173 (8 U.S.C. 1376) is amended--
            (1) in subsection (a)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security''; and
                    (B) by inserting before the period at the end the 
                following: ``, and any additional information that the 
                Secretary determines necessary for purposes of the 
                report under subsection (b).''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Annual Report.--Not later than June 30, 2018, and not later 
than June 30 of each year thereafter, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Security and 
Governmental Affairs and the Committee on the Judiciary of the Senate 
and the Committee on Homeland Security and the Committee on the 
Judiciary of the House of Representatives, a report providing, for the 
preceding fiscal year, numerical estimates (including information on 
the methodology utilized to develop such numerical estimates) of--
            ``(1) for each country, the number of aliens from the 
        country who are described in subsection (a), including--
                    ``(A) the total number of such aliens within all 
                classes of nonimmigrant aliens described in section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)); and
                    ``(B) the number of such aliens within each of the 
                classes of nonimmigrant aliens, as well as the number 
                of such aliens within each of the subclasses of such 
                classes of nonimmigrant aliens, as applicable;
            ``(2) for each country, the percentage of the total number 
        of aliens from the country who were present in the United 
        States and were admitted to the United States as nonimmigrants 
        who are described in subsection (a);
            ``(3) the number of aliens described in subsection (a) who 
        arrived by land at a port of entry into the United States;
            ``(4) the number of aliens described in subsection (a) who 
        entered the United States using a border crossing 
        identification card (as such term is defined in section 
        101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(6)); and
            ``(5) the number of Canadian nationals who entered the 
        United States without a visa and whose authorized period of 
        stay in the United States terminated during the previous fiscal 
        year, but who remained in the United States.''.

SEC. 535. STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM VERIFICATION.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall ensure that the information 
collected under the program established under section 641 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and Border 
Protection conducting primary inspections of aliens seeking admission 
to the United States at each port of entry of the United States.

SEC. 536. SOCIAL MEDIA REVIEW OF VISA APPLICANTS.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et. seq.) is amended by adding at the end the 
following new sections:

``SEC. 434. SOCIAL MEDIA SCREENING.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of the Building America's Trust Act, the Secretary of 
Homeland Security shall, to the greatest extent practicable, and in a 
risk based manner and on an individualized basis, review the social 
media accounts of visa applicants who are citizens of, or who reside 
in, high risk countries, as determined by the Secretary based on the 
criteria described in subsection (b).
    ``(b) High-risk Criteria Described.--In determining whether a 
country is high-risk pursuant to subsection (a), the Secretary shall 
consider the following criteria:
            ``(1) The number of nationals of the country who were 
        identified in United States Government databases related to the 
        identities of known or suspected terrorists during the previous 
        year.
            ``(2) The level of cooperation of the country with the 
        counter-terrorism efforts of the United States.
            ``(3) Any other criteria the Secretary determines 
        appropriate.
    ``(c) Collaboration.--To develop the technology required to carry 
out the requirements of subsection (a), the Secretary shall collaborate 
with--
            ``(1) the head of a national laboratory within the 
        Department's laboratory network with relevant expertise;
            ``(2) the head of a relevant university-based center within 
        the Department's centers of excellence network; and
            ``(3) the heads of other appropriate Federal agencies.

``SEC. 435. OPEN SOURCE SCREENING.

    ``The Secretary shall, to the greatest extent practicable, and in a 
risk based manner, review open source information of visa 
applicants.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by this Act, is further 
amended by inserting after the item relating to section 433 the 
following new items:

``Sec. 434. Social media screening.
``Sec. 435. Open source screening.''.

              Subtitle C--Visa Cancellation and Revocation

SEC. 541. CANCELLATION OF ADDITIONAL VISAS.

    (a) In General.--Subsection (g) of section 222 of the Immigration 
and Nationality Act (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General,'' and inserting 
                ``Secretary of Homeland Security,''; and
                    (B) by inserting ``and any other nonimmigrant visa 
                issued by the United States that is in the possession 
                of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.
    (b) Effective Date and Application.--The amendments made by 
subsection (a) shall take effect on the date of the enactment of this 
Act and shall apply to a visa issued before, on, or after such date.

SEC. 542. VISA INFORMATION SHARING.

    (a) In General.--Section 222(f) of the Immigration and Nationality 
Act (8 U.S.C. 1202(f)) is amended--
            (1) in the introductory text, by striking ``issuance or 
        refusal'' and inserting ``issuance, refusal, or revocation'';
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``and on the basis of reciprocity'';
            (3) in paragraph (2)(A)--
                    (A) by inserting ``--(i)'' after ``for the purpose 
                of''; and
                    (B) by striking ``illicit weapons; or'' and 
                inserting ``illicit weapons, or (ii) determining a 
                person's deportability or eligibility for a visa, 
                admission, or other immigration benefit;'';
            (4) in paragraph (2)(B)--
                    (A) by striking ``for the purposes'' and inserting 
                ``for one of the purposes''; and
                    (B) by striking ``or to deny visas to persons who 
                would be inadmissible to the United States.'' and 
                inserting ``; or''; and
            (5) in paragraph (2), by adding at the end the following:
                    ``(C) with regard to any or all aliens in the 
                database, specified data elements from each record, if 
                the Secretary of State determines that it is [required 
                for national security or public safety and] in the 
                national interest to provide such information to a 
                foreign government.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 60 days after the date of the enactment of the Act.

SEC. 543. VISA INTERVIEWS.

    (a) In General.--Section 222(h) of the Immigration and Nationality 
Act (8 U.S.C. 1202(h)) is amended--
            (1) in paragraph (1), by adding new subparagraph (D) to 
        read as follows:
                    ``(D) by the Secretary of State if the Secretary, 
                in his sole and unreviewable discretion, determines 
                that an interview is unnecessary because the alien is 
                ineligible for a visa.''.
            (2) in paragraph (2), by adding at the end a new 
        subparagraph (G) to read as follows:
                    ``(G) is an individual within a class of aliens 
                that the Secretary of Homeland Security, in his sole 
                and unreviewable discretion, has determined may pose a 
                threat to national security or public safety.''.

SEC. 544. JUDICIAL REVIEW OF VISA REVOCATION.

    Subsection (i) of section 221 of the Immigration and Nationality 
Act (8 U.S.C. 1201(i)) is amended--
            (1) by inserting ``(1)'' after ``(i)''; and
            (2) by adding at the end the following:
    ``(2) A revocation under this subsection of a visa or other 
documentation from an alien shall automatically cancel any other valid 
visa that is in the alien's possession.''.

                      Subtitle D--Secure Visas Act

SEC. 551. SHORT TITLE.

    This subtitle may be cited as the ``Secure Visas Act''.

SEC. 552. AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY AND SECRETARY 
              OF STATE.

    (a) In General.--Section 428 of the Homeland Security Act of 2002 
(6 U.S.C. 236) is amended by striking subsections (b) and (c) and 
inserting the following:
    ``(b) Authority of the Secretary of Homeland Security.--
            ``(1) In general.--Notwithstanding section 104(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other 
        provision of law, and except for the authority of the Secretary 
        of State under subparagraphs (A) and (G) of section 101(a)(15) 
        of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
        the Secretary of Homeland Security--
                    ``(A) shall have exclusive authority to issue 
                regulations, establish policy, and administer and 
                enforce the provisions of the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.) and all other 
                immigration or nationality laws relating to the 
                functions of consular officers of the United States in 
                connection with the granting and refusal of a visa; and
                    ``(B) may refuse or revoke any visa to any alien or 
                class of aliens if the Secretary of Homeland Security, 
                or designee, determines that such refusal or revocation 
                is necessary or advisable in the security interests of 
                the United States.
            ``(2) Effect of revocation.--The revocation of any visa 
        under paragraph (1)(B)--
                    ``(A) shall take effect immediately; and
                    ``(B) shall automatically cancel any other valid 
                visa that is in the alien's possession.
            ``(3) Judicial review.--Notwithstanding any other provision 
        of law, including section 2241 of title 28, United States Code, 
        any other habeas corpus provision, and sections 1361 and 1651 
        of such title, no United States court has jurisdiction to 
        review a decision by the Secretary of Homeland Security to 
        refuse or revoke a visa.
    ``(c) Effect of Visa Approval by the Secretary of State.--
            ``(1) In general.--The Secretary of State may direct a 
        consular officer to refuse or revoke a visa to an alien if the 
        Secretary of Homeland Security determines that such refusal or 
        revocation is necessary or advisable in the foreign policy 
        interests of the United States.
            ``(2) Limitation.--No decision by the Secretary of State to 
        approve a visa may override a decision by the Secretary of 
        Homeland Security under subsection (b).''.
    (b) Visa Revocation.--Section 428 of the Homeland Security Act (6 
U.S.C. 236) is amended by adding at the end the following:
    ``(j) Visa Revocation Information.--If the Secretary of Homeland 
Security or the Secretary of State revokes a visa--
            ``(1) the relevant consular, law enforcement, and terrorist 
        screening databases shall be immediately updated on the date of 
        the revocation; and
            ``(2) look-out notices shall be posted to all Department 
        port inspectors and Department of State consular officers.''.
    (c) Conforming Amendment.--Section 104(a)(1) of the Immigration and 
Nationality Act is amended to read:
            ``(1) the powers, duties and functions of diplomatic and 
        consular officers of the United States, and the power 
        authorized by section 428(c) of the Homeland Security Act of 
        2002 (6 U.S.C. 236), as amended by section 542 of the Building 
        America's Trust Act, except those powers, duties and functions 
        conferred upon the consular officers relating to the granting 
        or refusal of visas.''.

                       Subtitle E--Other Matters

SEC. 561. REQUIREMENT FOR COMPLETION OF BACKGROUND CHECKS.

    (a) In General.--Section 103 of Immigration and Nationality Act (8 
U.S.C. 1103) is amended by adding at the end the following:
    ``(h) Completion of Background and Security Checks.--
            ``(1) Requirement to complete.--Notwithstanding any other 
        provision of law (statutory or nonstatutory), including but not 
        limited to section 309 of the Enhanced Border Security and Visa 
        Entry Reform Act of 2002 (8 U.S.C. 1738), sections 1361 and 
        1651 of title 28, United States Code, and section 706(1) of 
        title 5, United States Code, neither the Secretary of Homeland 
        Security nor the Attorney General may--
                    ``(A) approve or grant to an alien any status, 
                relief, protection from removal, employment 
                authorization, or any other benefit under the 
                immigration laws, including an adjustment of status to 
                lawful permanent residence or a grant of United States 
                citizenship; or
                    ``(B) issue to the alien any documentation 
                evidencing a status or grant of any status, relief, 
                protection from removal, employment authorization, or 
                other benefit under the immigration laws;
        until all background and security checks for the alien have 
        been completed and the Secretary of Homeland or Attorney 
        General has determined that the results do not preclude the 
        approval or grant of any status, relief, protection from 
        removal, employment authorization, or any other benefit under 
        the immigration laws or approval, grant, or the issuance of any 
        documentation evidencing such status, relief, protection, 
        authorization, or benefit.
            ``(2) Prohibition on judicial action.--No court shall have 
        authority to:
                    ``(A) order the approval of;
                    ``(B) grant;
                    ``(C) mandate or require any action in a certain 
                time period; or
                    ``(D) award any relief for the Secretary of 
                Homeland Security's or Attorney General's failure to 
                complete or delay in completing any action to provide
                    ``any status, relief, protection from removal, 
                employment authorization, or any other benefit under 
                the immigration laws, including an adjustment of status 
                to lawful permanent residence, naturalization, or a 
                grant of United States citizenship for an alien until 
                all background and security checks have been completed 
                and the Secretary of Homeland Security or Attorney 
                General has determined that the results of such checks 
                do not preclude the approval or grant of such status, 
                relief, protection, authorization, or benefit, or 
                issuance of any documentation evidencing such status, 
                relief, protection, authorization, or benefit.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any application, petition, or request for any benefit or relief or any 
other case or matter under the immigration laws pending with on or 
filed with the Secretary of Homeland Security or the Attorney General 
on or after such date of enactment.

SEC. 562. WITHHOLDING OF ADJUDICATION.

    (a) In General.--Section 103 of Immigration and Nationality Act (8 
U.S.C. 1103), as amended by section 551, is further amended by adding 
at the end the following:
    ``(i) Withholding of Adjudication.--
            ``(1) In general.--Except as provided in subsection (i)(4), 
        nothing in this Act or any other law, including section 1361 
        and 1651 of title 28, United States Code, shall be construed to 
        require, and no court can order, the Secretary of Homeland 
        Security, the Attorney General, the Secretary of State, the 
        Secretary of Labor, or a consular officer to grant any 
        application, approve any petition, or grant or continue any 
        relief, protection from removal, employment authorization, or 
        any other status or benefit under the immigration laws by, to, 
        or on behalf of any alien with respect to whom a criminal 
        proceeding or investigation is open or pending (including, but 
        not limited to, issuance of an arrest warrant or indictment), 
        where such proceeding or investigation is deemed by such 
        official to be material to the alien's eligibility for the 
        status, relief, protection, or benefit sought.
            ``(2) Withholding of adjudication.--The Secretary of 
        Homeland Security, the Attorney General, the Secretary of 
        State, or the Secretary of Labor may, in his or her discretion, 
        withhold adjudication any application, petition, request for 
        relief, request for protection from removal, employment 
        authorization, status or benefit under the immigration laws 
        pending final resolution of the criminal or other proceeding or 
        investigation.
            ``(3) Jurisdiction.--Notwithstanding any other provision of 
        law (statutory or nonstatutory), including section 309 of the 
        Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 
        1738), sections 1361 and 1651 of title 28, United States Code, 
        and section 706(1) of title 5, United States Code, no court 
        shall have jurisdiction to review a decision to withhold 
        adjudication pursuant to this paragraph.
            ``(4) Withholding of removal and torture convention.--This 
        paragraph does not limit or modify the applicability of section 
        241(b)(3) or the United Nations Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment or Punishment, 
        subject to any reservations, understandings, declarations and 
        provisos contained in the United States Senate resolution of 
        ratification of the Convention, as implemented by section 2242 
        of the Foreign Affairs Reform and Restructuring Act of 1998 
        (Public Law 105-277) with respect to an alien otherwise 
        eligible for protection under such provisions.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act and shall apply to any 
application, petition, or request for any benefit or relief or any 
other case or matter under the immigration laws pending with or filed 
with the Secretary of Homeland Security on or after such date of 
enactment.

SEC. 563. ACCESS TO THE NATIONAL CRIME INFORMATION CENTER INTERSTATE 
              IDENTIFICATION INDEX.

    (a) Criminal Justice Activities.--Section 104 of the Immigration 
and Nationality Act (8 U.S.C. 1104) is amended by adding at the end the 
following:
    ``(f) Criminal Justice Activities.--Notwithstanding any other 
provision of law, any Department of State personnel with authority to 
grant or refuse visas or passports may carry out activities that have a 
criminal justice purpose.''.
    (b) Liaison With Internal Security Officers; Data Exchange.--
Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is 
amended by striking subsections (b) and (c) and inserting the 
following:
    ``(b) Access to NCIC-III.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Attorney General and the Director of the Federal 
        Bureau of Investigation shall provide to the Department of 
        Homeland Security and the Department of State access to the 
        criminal history record information contained in the National 
        Crime Information Center's Interstate Identification Index 
        (NCIC-III) and the Wanted Persons File and to any other files 
        maintained by the National Crime Information Center for the 
        purpose of determining whether an applicant or petitioner for a 
        visa, admission, or any benefit, relief, or status under the 
        immigration laws, or any beneficiary of an application, 
        petition, relief, or status under the immigration laws, has a 
        criminal history record indexed in the file.
            ``(2) Authorized activities.--
                    ``(A) In general.--The Secretary of Homeland 
                Security and the Secretary of State--
                            ``(i) shall have direct access, without any 
                        fee or charge, to the information described in 
                        paragraph (1) to conduct name-based searches, 
                        file number searches, and any other searches 
                        that any criminal justice or other law 
                        enforcement officials are entitled to conduct; 
                        and
                            ``(ii) may contribute to the records 
                        maintained by the National Crime Information 
                        Center.
                    ``(B) Secretary of homeland security.--The 
                Secretary of Homeland Security shall receive, on 
                request by the Secretary of Homeland Security, access 
                to the information described in paragraph (1) by means 
                of extracts of the records for placement in the 
                appropriate database without any fee or charge.
    ``(c) Criminal Justice and Law Enforcement Purposes.--
Notwithstanding any other provision of law, adjudication of eligibility 
for benefits, relief, or status under the immigration laws and other 
purposes relating to citizenship and immigration services, shall be 
considered to be criminal justice or law enforcement purposes with 
respect to access to or use of any information maintained by the 
National Crime Information Center or other criminal history information 
or records.''.

SEC. 564. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

    (a) Limitation on Class Actions.--No court may certify a class 
under rule 23 of the Federal Rules of Civil Procedure in any civil 
action that--
            (1) is filed after the date of enactment of this Act; and
            (2) pertains to the administration or enforcement of the 
        immigration laws.
    (b) Requirements for an Order Granting Prospective Relief Against 
the Government.--
            (1) In general.--If a court determines that prospective 
        relief should be ordered against the Government in any civil 
        action pertaining to the administration or enforcement of the 
        immigration laws, the court shall--
                    (A) limit the relief to the minimum necessary to 
                correct the violation of law;
                    (B) adopt the least intrusive means to correct the 
                violation of law;
                    (C) minimize, to the greatest extent practicable, 
                the adverse impact on national security, border 
                security, immigration administration and enforcement, 
                and public safety; and
                    (D) provide for the expiration of the relief on a 
                specific date, which is not later than the earliest 
                date necessary for the Government to remedy the 
                violation.
            (2) Written explanation.--The requirements described in 
        paragraph (1) shall be discussed and explained in writing in 
        the order granting prospective relief and shall be sufficiently 
        detailed to allow review by another court.
            (3) Expiration of preliminary injunctive relief.--
        Preliminary injunctive relief granted under paragraph (1) shall 
        automatically expire on the date that is 90 days after the date 
        on which such relief is entered, unless the court--
                    (A) finds that such relief meets the requirements 
                described in subparagraphs (A) through (D) of paragraph 
                (1) for the entry of permanent prospective relief; and
                    (B) orders the preliminary relief to become a final 
                order granting prospective relief prior to the 
                expiration of the 90-day period.
    (c) Procedure for Motion Affecting Order Granting Prospective 
Relief Against the Government.--
            (1) In general.--A court shall promptly rule on a motion 
        made by the United States Government to vacate, modify, 
        dissolve, or otherwise terminate an order granting prospective 
        relief in any civil action pertaining to the administration or 
        enforcement of the immigration laws.
            (2) Automatic stays.--
                    (A) In general.--A motion to vacate, modify, 
                dissolve, or otherwise terminate an order granting 
                prospective relief made by the United States Government 
                in any civil action pertaining to the administration or 
                enforcement of the immigration laws shall 
                automatically, and without further order of the court, 
                stay the order granting prospective relief on the date 
                that is 15 days after the date on which such motion is 
                filed unless the court previously has granted or denied 
                the Government's motion.
                    (B) Duration of automatic stay.--An automatic stay 
                under subparagraph (A) shall continue until the court 
                enters an order granting or denying the Government's 
                motion.
                    (C) Postponement.--The court, for good cause, may 
                postpone an automatic stay under subparagraph (A) for 
                not longer than 15 days.
                    (D) Orders blocking automatic stays.--Any order 
                staying, suspending, delaying, or otherwise barring the 
                effective date of the automatic stay described in 
                subparagraph (A), other than an order to postpone the 
                effective date of the automatic stay for not longer 
                than 15 days under subparagraph (C), shall be--
                            (i) treated as an order refusing to vacate, 
                        modify, dissolve, or otherwise terminate an 
                        injunction; and
                            (ii) immediately appealable under section 
                        1292(a)(1) of title 28, United States Code.
    (d) Settlements.--
            (1) Consent decrees.--In any civil action pertaining to the 
        administration or enforcement of the immigration laws, the 
        court may not enter, approve, or continue a consent decree that 
        does not comply with the requirements of subsection (b)(1).
            (2) Private settlement agreements.--Nothing in this 
        subsection shall preclude parties from entering into a private 
        settlement agreement that does not comply with subsection 
        (b)(1).
    (e) Expedited Proceedings.--It shall be the duty of every court to 
advance on the docket and to expedite the disposition of any civil 
action or motion considered under this section.
    (f) Consent Decree Defined.--In this section, the term ``consent 
decree''--
            (1) means any relief entered by the court that is based in 
        whole or in part on the consent or acquiescence of the parties; 
        and
            (2) does not include private settlements.

SEC. 565. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR NATIONAL 
              SECURITY PURPOSES.

    (a) Special Agricultural Workers.--Section 210(b)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1160(b)(6)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary'';
            (2) in subparagraph (A), by striking ``Justice'' and 
        inserting ``Homeland Security'';
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (4) inserting after subparagraph (B) the following:
                    ``(C) Authorized disclosures.--
                            ``(i) Census purpose.--The Secretary of 
                        Homeland Security may provide, in the 
                        Secretary's discretion, for the furnishing of 
                        information furnished under this section in the 
                        same manner and circumstances as census 
                        information may be disclosed under section 8 of 
                        title 13, United States Code.''.
                            ``(ii) National security purpose.--The 
                        Secretary of Homeland Security may provide, in 
                        the Secretary's discretion, for the furnishing, 
                        use, publication, or release of information 
                        furnished under this section in any 
                        investigation, case, or matter, or for any 
                        purpose, relating to terrorism, national 
                        intelligence or the national security.''; and
            (5) in subparagraph (D), as redesignated, striking 
        ``Service'' and inserting ``Department of Homeland Security''.
    (b) Adjustment of Status.--Section 245A of the Immigration and 
Nationality Act (8 U.S.C. 1255a), is amended in subsection (c)(5)--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (A), by striking ``Justice'' and 
        inserting ``Homeland Security''; and
            (3) by amending subparagraph (C) to read as follows:
                    ``(C) Authorized disclosures.--
                            ``(i) Census purpose.--The Secretary of 
                        Homeland Security may provide, in the 
                        Secretary's discretion, for the furnishing of 
                        information furnished under this section in the 
                        same manner and circumstances as census 
                        information may be disclosed under section 8 of 
                        title 13, United States Code.
                            ``(ii) National security purpose.--The 
                        Secretary of Homeland Security may provide, in 
                        the Secretary's discretion, for the furnishing, 
                        use, publication, or release of information 
                        furnished under this section in any 
                        investigation, case, or matter, or for any 
                        purpose, relating to terrorism, national 
                        intelligence or the national security.''.

SEC. 566. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
              NATURALIZATION, AND PEONAGE OFFENSES.

    Section 3291 of title 18, United States Code, is amended by 
striking ``No person'' and all that follows through the period at the 
end and inserting the following:
            ``No person shall be prosecuted, tried, or punished for a 
        violation of any section of chapters 69 (relating to 
        nationality and citizenship offenses) and 75 (relating to 
        passport, visa, and immigration offenses), or for a violation 
        of any criminal provision of sections 243, 274, 275, 276, 277, 
        or 278 of the Immigration and Nationality Act, or for an 
        attempt or conspiracy to violate any such section, unless the 
        indictment is returned or the information is filed within ten 
        years after the commission of the offense.''.

SEC. 567. CONFORMING AMENDMENT TO THE DEFINITION OF RACKETEERING 
              ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``section 1542'' and all that follows through ``section 1546 
(relating to fraud and misuse of visas, permits, and other documents)'' 
and inserting ``sections 1541-1547 (relating to passports and visas)''.

SEC. 568. VALIDITY OF ELECTRONIC SIGNATURES.

    (a) Civil Cases.--
            (1) In general.--Chapter 9 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
        adding at the end the following new section:

``SEC. 295. VALIDITY OF SIGNATURES.

    ``(a) In General.--In any proceeding, adjudication, or any other 
matter arising under the immigration laws, an individual's hand written 
or electronic signature on any petition, application, or any other 
document executed or provided for any purpose under the immigration 
laws establishes a rebuttable presumption that the signature executed 
is that of the individual signing, that the individual is aware of the 
contents of the document, and intends to sign it.''.
    ``(b) Record Integrity.--The Secretary of Homeland Security shall 
establish procedures to ensure that when any electronic signature is 
captured for any petition, application, or other document submitted for 
purposes of obtaining an immigration benefit, the identity of the 
person is verified and authenticated, and the record of such 
identification and verification is preserved for litigation 
purposes.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 294 the following:

``Sec. 295. Validity of signatures.''.
    (b) Criminal Cases.--
            (1) In general.--Chapter 223 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 3513. Signatures relating to immigration matters
    ``In a criminal proceeding in a court of the United States, where 
an individual's hand written or electronic signature appears on a 
petition, application or other document executed or provided for any 
purpose under the immigration laws (as defined in section 101(a)(17) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), the trier 
of fact may infer that the document was signed by that individual, and 
that the individual knew the contents of the document and intended to 
sign the document.''.
            (2) Clerical amendment.--The table of sections for chapter 
        223 of title 18, United States Code, is amended by inserting 
        after the item relating to section 3512 the following:

``3513. Signatures relating to immigration matters.''.

  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.

    Section 101(a)(13)(C) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(13)(C)) is amended--
            (1) in clause (v), by striking the ``or'' at the end;
            (2) in clause (vi), by striking the period and inserting a 
        comma and ``or''; and
            (3) by adding at the end the following:
                    ``(vii) is described in section 212(a)(3) or 
                section 237(a)(4).''.

SEC. 602. DATE OF ADMISSION FOR PURPOSES OF ADJUSTMENT OF STATUS.

    (a) Applicants for Admission.--Section 101(a)(13) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)) is further 
amended by adding at the end the following:
            ``(D) Adjustment of status of the alien to that of an alien 
        lawfully admitted for permanent residence under section 245 or 
        any other provision of law is an admission of the alien, 
        notwithstanding subparagraph (A) of this paragraph''.
    (b) Eligibility to Be Removed for a Crime Involving Moral 
Turpitude.--Subclause (I) of section 237(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1227(a)(2)(A)(i)(I)) is amended by 
striking ``date of admission,'' inserting ``alien's most recent date of 
admission;''.

SEC. 603. PRECLUDING ASYLEE AND REFUGEE ADJUSTMENT OF STATUS FOR 
              CERTAIN GROUNDS OF INADMISSIBILITY AND DEPORTABILITY.

    (a) Grounds for Inadmissibility.--Section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) is amended by striking ``any 
other provision of such section (other than paragraph (2)(C) or 
subparagraph (A), (B), (C), or (E) of paragraph (3))'' and inserting 
``paragraph (1) of such section''.
    (b) Need Header.--Section 209(c) of the Immigration and Nationality 
Act (8 U.S.C. 1159(c)) is amended by striking ``(other than paragraph 
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3))'', and 
inserting ``(other than paragraph 2(C) or (G) or subparagraph (A), (B), 
(C), (E), (F) or (G) of paragraph (3))''.
    (c) Grounds for Deportability.--Section 209 of the Immigration and 
Nationality Act (8 U.S.C. 1159) is amended by adding at the end the 
following:
    ``(d) Grounds for Deportability.--An alien may not adjust status 
under this section if the alien is deportable under any provision of 
section 237 except subsections (a)(5) of such section.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to--
            (1) any act that occurred before, on, or after the date of 
        the enactment of this Act; and
            (2) all aliens who are required to establish admissibility 
        on or after such date, and in all removal, deportation, or 
        exclusion proceedings that are filed, pending, or reopened, on 
        or after such date.

SEC. 604. PRECLUDING REFUGEE ADJUSTMENT OF STATUS FOR PERSECUTORS AND 
              HUMAN RIGHTS VIOLATORS.

    (a) Prohibition of Refugees Seeking Adjustment of Status to Lawful 
Permanent Residency Who Have Engaged in Nazi Persecution, Genocide, 
Severe Violations of Religious Freedom, Torture, Extrajudicial Killing, 
or the Recruitment/use of Child Soldiers.--Section 209(c) of the 
Immigration and Nationality Act (8 U.S.C. 1159(c)) is amended by 
striking ``(other than paragraph (2)(C) or subparagraph (A), (B), (C), 
or (E) of paragraph (3))'', and inserting ``(other than paragraph 2(C) 
or (G) or subparagraph (A), (B), (C), (E), (F) or (G) of paragraph 
(3))''.
    (b) Revocation of Lawful Permanent Resident Status for Human Rights 
Violators.--Section 240(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(5)) is amended by inserting at the end a new 
subparagraph (F) to read as follows--
                    ``(F) Additional application to certain aliens 
                outside the United States who are associated with human 
                rights violations. The preceding provisions of this 
                paragraph shall apply to any alien placed in 
                proceedings under this section who is outside of the 
                United States, has received notice of proceedings under 
                section 240(a) either within or outside of the United 
                States, and is described in section 212(a)(2)(G) 
                (officials who have committed particularly severe 
                violations of religious freedom), 212(a)(3)(E) (Nazi 
                persecution, genocide, extrajudicial killing, or 
                torture), or 212(a)(3)(G) (recruitment or use of child 
                soldiers).''.

SEC. 605. REMOVAL OF CONDITION ON LAWFUL PERMANENT RESIDENT STATUS 
              PRIOR TO NATURALIZATION.

    Sections 216(e) and 216A(e) of the Immigration and Nationality Act 
(8 U.S.C. 1186a(e), 1186b(e)) are amended by striking the period at the 
end and inserting ``, if the alien has had the conditional basis 
removed pursuant to this section.''.

SEC. 606. PROHIBITION ON TERRORISTS AND ALIENS WHO POSE A THREAT TO 
              NATIONAL SECURITY OR PUBLIC SAFETY FROM RECEIVING AN 
              ADJUSTMENT OF STATUS.

    (a) Application for Adjustment of Status in the United States.--
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is 
amended by striking the section heading and subsection (a) and 
inserting the following:

``SEC. 245. ADJUSTMENT OF STATUS TO THAT OF A PERSON ADMITTED FOR 
              PERMANENT RESIDENCE.

    ``(a) In General.--
            ``(1) Eligibility for adjustment.--The status of an alien 
        who was inspected and admitted or paroled into the United 
        States or the status of any other alien having an approved 
        petition for classification as a VAWA self-petitioner may be 
        adjusted by the Secretary of Homeland Security or Attorney 
        General, in the discretion of the Secretary of Homeland 
        Security or Attorney General, and under such regulations as the 
        Secretary of Homeland Security or Attorney General may 
        prescribe, to that of an alien lawfully admitted for permanent 
        residence if--
                    ``(A) the alien makes an application for such 
                adjustment;
                    ``(B) the alien is eligible to receive an immigrant 
                visa, is admissible to the United States for permanent 
                residence, and is not subject to exclusion, 
                deportation, or removal from the United States; and
                    ``(C) an immigrant visa is immediately available to 
                the alien at the time the alien's application is filed.
            ``(2) Immediately available.--For purposes of this section, 
        the term `immediately available' means that on the date of 
        filing of the application for adjustment of status, the visa 
        category under which the alien is seeking permanent residence 
        is current as determined by the Secretary of State and 
        reflected in the Department of State's visa bulletin for the 
        month in which the application for adjustment of status is 
        filed.
            ``(3) Requirement to obtain an immigrant visa outside the 
        united states.--Notwithstanding any provision in this section, 
        the Secretary of Homeland Security, in the Secretary's sole and 
        unreviewable discretion, may--
                    ``(A) prohibit an alien from seeking an adjustment 
                of status under paragraph (1) while the alien is 
                present in the United States; and
                    ``(B) require the alien to seek permanent residence 
                by applying for an immigrant visa at a United States 
                embassy or consulate in the alien's home country or 
                other foreign country, as designated by the Secretary 
                of State,
        if the Secretary of Homeland Security determines that the alien 
        may be a threat to national security or public safety or if the 
        Secretary of Homeland Security determines that a favorable 
        exercise of discretion to allow such adjustment of status in 
        the United States is not warranted.''.
    (b) Prohibition on Terrorists and Aliens Who Pose a Threat to 
National Security or Public Safety on Adjustment to Lawful Permanent 
Resident Status.--Subsection (c) of section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255(c)) is amended to read as follows:
    ``(c) Aliens Not Eligible for Adjustment of Status.--Other than an 
alien having an approved petition for classification as a VAWA self-
petitioner, subsection (a) shall not be applicable to--
            ``(1) an alien crewman;
            ``(2) subject to subsection (k), an alien (other than an 
        immediate relative as defined in section 201(b) or a special 
        immigrant described in subparagraph (H), (I), (J), or (K) of 
        section 101(a)(27)) who hereafter continues in or accepts 
        unauthorized employment prior to filing an application for 
        adjustment of status or who is in unlawful immigration status 
        on the date of filing the application for adjustment of status 
        or who has failed (other than through no fault of his or her 
        own or for technical reasons) to maintain continuously a lawful 
        status since entry into the United States;
            ``(3) any alien admitted in transit without visa under 
        section 212(d)(4)(C);
            ``(4) an alien (other than an immediate relative as defined 
        in section 201(b)) who was admitted as a nonimmigrant visitor 
        without a visa under section 212(l) or section 217;
            ``(5) an alien who was admitted as a nonimmigrant described 
        in section 101(a)(15)(S);
            ``(6) an alien who described in section 237(a)(4)(B), (F), 
        or (G);
            ``(7) any alien who seeks adjustment of status to that of 
        an immigrant under section 203(b) and is not in a lawful 
        nonimmigrant status;
            ``(8) any alien who at any time has committed, ordered, 
        incited, assisted, or otherwise participated in the persecution 
        of any person on account of race, religion, nationality, 
        membership in a particular social group, or political opinion; 
        or
            ``(9) any alien who was employed while the alien was an 
        unauthorized alien, as defined in section 274A(h)(3), or who 
        has otherwise violated the terms of a nonimmigrant visa.''.

SEC. 607. TREATMENT OF APPLICATIONS FOR ADJUSTMENT OF STATUS DURING 
              PENDING DENATURALIZATION PROCEEDINGS.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1451), 
as amended by section 605, is further amended by adding a new 
subsection (n) to read as follows:
    ``(n) Treatment of Applications During Pending Denaturalization 
Proceedings. No application for adjustment of status may be considered 
or approved by the Secretary of Homeland Security or Attorney General, 
and no court shall order the approval of an application for adjustment 
of status if the approved petition for classification under section 204 
that is the underlying basis for the application for adjustment of 
status was filed by an individual who has a judicial proceeding pending 
against him or her that would result in the individual's 
denaturalization under section 340.''.

SEC. 608. EXTENSION OF TIME LIMIT TO PERMIT RESCISSION OF PERMANENT 
              RESIDENT STATUS.

    Section 246 of the Immigration and Nationality Act (8 U.S.C. 
1256(a)) is amended--
            (1) in subsection (a) by--
                    (A) inserting ``(1)'' after ``(a)'';
                    (B) striking ``within five years'' and inserting 
                ``within 10 years'';
                    (C) striking ``Attorney General'' each place that 
                term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (D) adding at the end the following:
                    ``(2) In any removal proceeding involving an alien 
                whose status has been rescinded under this subsection, 
                the determination by the Secretary that the alien was 
                not eligible for adjustment of status is not subject to 
                review or reconsideration during such proceedings.''.
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting new subsection (b) to read as follows:
                    ``(b) Nothing in subsection (a) shall require the 
                Secretary of Homeland Security to rescind the alien's 
                status prior to commencement of proceedings to remove 
                the alien under section 240 of the Act. The Secretary 
                of Homeland Security may commence removal proceedings 
                at any time against any alien who is removable, 
                including those aliens who adjusted status under 
                section 245 or 249 of the Act or any other provision of 
                law to that of an alien lawfully admitted for permanent 
                residence. This section of the Act contains no statute 
                of limitations with respect to commencement of removal 
                proceedings under section 240. An order of removal 
                issued by an immigration judge shall be sufficient to 
                rescind the alien's status.''.

SEC. 609. BARRING PERSECUTORS AND TERRORISTS FROM REGISTRY.

    Section 249 of the Immigration and Nationality Act (8 U.S.C. 1259) 
is amended to read as follows:
    ``(a) In General.--The Secretary of Homeland Security, in the 
discretion of the Secretary and under such regulations as the Secretary 
may prescribe, may enter a record of lawful admission for permanent 
residence in the case of any alien, if no such record is otherwise 
available and the alien--
            ``(1) entered the United States before January 1, 1972;
            ``(2) has continuously resided in the United States since 
        such entry;
            ``(3) has been a person of good moral character since such 
        entry;
            ``(4) is not ineligible for citizenship;
            ``(5) is not described in paragraph (1)(A)(iv), (2), (3), 
        (6)(C), (6)(E), (8), or (9)(C) of section 212(a);
            ``(6) is not described in paragraph (1)(E), (1)(G), (2), 
        (4) of section 237(a); and
            ``(7) did not, at any time, without reasonable cause, fail 
        or refuse to attend or remain in attendance at a proceeding to 
        determine the alien's inadmissibility or deportability.
            ``(b) Recordation Date of Permanent Residence.--The record 
        of an alien's lawful admission for permanence residence shall 
        be the date the Secretary approves the application for such 
        status under this section.''.

Subtitle B--Prohibition on Naturalization and United States Citizenship

SEC. 621. BARRING TERRORISTS FROM BECOMING NATURALIZED UNITED STATES 
              CITIZENS.

    (a) Section 316 of the Immigration and Nationality Act (8 U.S.C. 
1427) is amended by adding at the end the following:
    ``(g) Persons Endangering National Security.--
            ``(1) Prohibition on naturalization.--
                    ``(A) In general.--No person may be naturalized if 
                the Secretary of Homeland Security makes a 
                determination, in the discretion of the Secretary, that 
                the alien is an alien described in section 212(a)(3) or 
                237(a)(4) at any time, including any period prior to, 
                or after the filing of an application for 
                naturalization.
                    ``(B) Exception.--Subparagraph (A), as it relates 
                to an alien described in section 212(a)(3), shall not 
                apply if the alien received an exemption under section 
                212(d)(3)(B)(i) and the only conduct or actions that 
                make the alien come within the ambit of section 
                212(a)(3) and would bar the alien from naturalization 
                are specifically covered by such exemption.
            ``(2) Basis for determination; prohibition on review.--A 
        determination made under paragraph (1) may be based upon any 
        relevant information or evidence, including classified, 
        sensitive, or national security information.''.
    (b) Section 340(d) of the Immigration and Nationality Act (8 U.S.C. 
1451(e)) is amended by revising the first sentence to read as follows--
            
                    
                "Any person who claims United States citizenship 
                through the naturalization of a parent or spouse in 
                whose case there is a revocation and setting aside of 
                the order admitting such parent or spouse to 
                citizenship under the provisions of--
    
            ``(1) subsection (a) of this section on the ground that the 
        order and certificate of naturalization were procured by 
        concealment of a material fact or by willful misrepresentation, 
        or
            ``(2) subsection of (e) of this section pursuant to a 
        conviction under section 1425 of title 18,
        shall be deemed to have lost and to lose his citizenship and 
        any right or privilege of citizenship which he may have, now 
        has, or may hereafter acquire under and by virtue of such 
        naturalization of such parent or spouse, regardless of whether 
        such person is residing within or without the United States at 
        the time of the revocation and setting aside of the order 
        admitting such parent or spouse to citizenship.''.

SEC. 622. TERRORIST BAR TO GOOD MORAL CHARACTER.

    (a) Definition of Good Moral Character.--
            (1) Exclusion of terrorist aliens.--Section 101(f) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(f)), as amended 
        by sections 506 and 508, is further amended--
                    (A) in paragraph (8), by striking ``; or'' and 
                inserting ``, regardless whether the crime was 
                classified as an aggravated felony at the time of 
                conviction, provided that, the Secretary of Homeland 
                Security or Attorney General may, in the unreviewable 
                discretion of the Secretary or the Attorney General, 
                determine that this paragraph shall not apply in the 
                case of a single aggravated felony conviction (other 
                than murder, manslaughter, homicide, rape, or any sex 
                offense when the victim of such sex offense was a 
                minor) for which completion of the term of imprisonment 
                or the sentence (whichever is later) occurred 15 or 
                more years before the date of application;''; and
                    (B) by inserting after paragraph (10), as added by 
                section 506, the following:
            ``(11) one who the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary of Homeland Security or the Attorney General of 
        Homeland Security, to have been at any time an alien described 
        in section 212(a)(3) or 237(a)(4), which determination--
                    ``(A) may be based upon any relevant information or 
                evidence, including classified, sensitive, or national 
                security information; and
                    ``(B) shall be binding upon any court regardless of 
                the applicable standard of review.''; and
            (2) by striking the first sentence of the undesignated 
        paragraph at the end and inserting following:
``[Client - made some change here and I can't figure out what it is.] 
The fact that any person is not within any of the foregoing classes 
shall not preclude a discretionary finding for other reasons that such 
a person is or was not of good character. The Secretary of Homeland 
Security or the Attorney General shall not be limited to the 
applicant's conduct during the period for which good moral character is 
required, but may take into consideration as a basis for determination 
the applicant's conduct and acts at any time.''.
    (b) Aggravated Felons.--Subsection (b) of section 509 of the 
Immigration Act of 1990 (Public Law 101-649; 8 U.S.C. 1101 note) is 
amended by striking ``convictions'' and all that follows through the 
end and inserting ``convictions occurring before, on, or after such 
date.''.
    (c) Effective Date and Application.--
            (1) Subsections (a) and (b).--The amendments made by 
        subsections (a) and (b) shall take effect on the date of the 
        enactment of this Act, shall apply to any act that occurred 
        before, on, or after the date of enactment, and shall apply to 
        any application for naturalization or any other benefit or 
        relief, or any other case or matter under the immigration laws 
        pending on or filed after the date of enactment of this Act.
            (2) Subsection (c).--The amendments made by subsection (c) 
        shall take effect as if included in the enactment of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458).

SEC. 623. PROHIBITION ON JUDICIAL REVIEW OF NATURALIZATION APPLICATIONS 
              FOR ALIENS IN REMOVAL PROCEEDINGS.

    Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) 
is amended in its entirety to read as follows:
    ``(a) In General.--Except as otherwise provided in this subchapter, 
no person shall be naturalized unless he has been lawfully admitted to 
the United States for permanent residence in accordance with all 
applicable provisions of this chapter.
    ``(b) Burden of Proof.--The burden of proof shall be upon such 
person to show that he entered the United States lawfully, and the 
time, place, and manner of such entry into the United States, but in 
presenting such proof he shall be entitled to the production of his 
immigrant visa, if any, or of other entry document, if any, and of any 
other documents and records, not considered by the Attorney General to 
be confidential, pertaining to such entry, in the custody of the 
Service.
    ``(c) Limitations on Review.--Notwithstanding the provisions of 
section 405(b), and except as provided in sections 328 and 329 of this 
title--
            ``(1) No person shall be naturalized against whom there is 
        outstanding a final finding of deportability pursuant to a 
        warrant of arrest issued under the provisions of this chapter 
        or any other Act.
            ``(2)(A) No application for naturalization shall be 
        considered by the Secretary of Homeland Security or any court 
        if there is pending against the applicant any removal 
        proceeding or other proceeding to determine whether the 
        applicant's lawful permanent resident status should be 
        rescinded, regardless of when such proceeding was commenced.
            ``(B) The findings of the Attorney General in terminating 
        removal proceedings or in cancelling the removal of an alien 
        pursuant to the provisions of this Act, shall not be deemed 
        binding in any way upon the Secretary of Homeland Security with 
        respect to the question of whether such person has established 
        his or her eligibility for naturalization as required by this 
        Act.''.

SEC. 624. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY HAS NOT MADE 
              DECISION ON NATURALIZATION APPLICATION AND ON DENIALS.

    (a) Limitation on Review of Pending Naturalization Applications.--
Subsection (b) of section 336 of the Immigration and Nationality Act (8 
U.S.C. 1447(b)) is amended to read as follows:
    ``(b) Request for Hearing Before District Court.--If no final 
administrative determination is made on an application for 
naturalization under section 335 prior to the end of the 180-day period 
beginning on the date on which the Secretary of Homeland Security 
completes all examinations and interviews conducted under such section, 
as such terms are defined by the Secretary pursuant to regulations, the 
applicant may apply to the district court for the district in which the 
applicant resides for a hearing on the matter. Such court shall only 
have jurisdiction to review the basis for delay and remand the matter 
to the Secretary for the Secretary's determination on the 
application.''.
    (b) Limitations on Review of Denial.--Subsection (c) of section 310 
of the Immigration and Nationality Act (8 U.S.C. 1421(c)) is amended to 
read as follows:
    ``(c) Judicial Review.--
            ``(1) Judicial review of denial.--A person whose 
        application for naturalization under this title is denied, 
        after a hearing before an immigration officer under section 
        336(a), may seek, not later than 120 days after the date of the 
        Secretary of Homeland Security's administratively final 
        determination on the application, review of such denial before 
        the United States district court for the district in which such 
        person resides in accordance with chapter 7 of title 5, United 
        States Code.
            ``(2) Burden of proof.--The burden shall be upon the 
        petitioner to show that the denial by the Secretary of Homeland 
        Security of the application for naturalization was not 
        supported by facially legitimate and bona fide reasons.
            ``(3) Limitations on review.--Except in a proceeding under 
        section 340, and notwithstanding any other provision of law, 
        including section 2241 of title 28, United States Code, any 
        other habeas corpus provision, and sections 1361 and 1651 of 
        such title, no court shall have jurisdiction to determine, or 
        to review a determination of the Secretary of Homeland Security 
        made at any time regarding, whether, for purposes of an 
        application for naturalization, an alien--
                    ``(A) is a person of good moral character;
                    ``(B) understands and is attached to the principles 
                of the Constitution of the United States; or
                    ``(C) is well disposed to the good order and 
                happiness of the United States.''.
    (c) Effective Date and Application.--The amendments made by this 
subsection--
            (1) shall take effect on the date of the enactment of this 
        Act;
            (2) shall apply to any act that occurred before, on, or 
        after such date of enactment; and
            (3) shall apply to any application for naturalization or 
        any other case or matter under the immigration laws that is 
        pending on, or filed after, such date of enactment.

SEC. 625. CLARIFICATION OF DENATURALIZATION AUTHORITY.

    Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) 
is amended--
            (1) in subsection (a), by striking ``United States 
        attorneys for the respective districts,'' and inserting 
        ``Attorney General,''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Burden.--The burden of proof shall be on the Government to 
establish, by clear, unequivocal, and convincing evidence, that an 
order granting citizenship to an alien should be revoked and a 
certificate of naturalization cancelled because such order and 
certificate were illegally procured or were procured by concealment of 
a material fact or by willful misrepresentation.''.

SEC. 626. DENATURALIZATION OF TERRORISTS.

    (a) Denaturalization for Terrorists Activities.--Section 340 of the 
Immigration and Nationality Act (8 U.S.C. 1451) is amended by--
            (1) redesignating subsection (d) through (h) as subsections 
        (f) through (j); and
            (2) inserting new subsection (d) to read as follows:
                    ``(d) Commission of Terrorist Acts After 
                Naturalization.--
                            ``(1) In general.--If a person who has been 
                        naturalized shall, within 15 years following 
                        such naturalization, participate in any act 
                        described in subsection (d)(2), such act or 
                        acts shall be considered prima facie evidence 
                        that such person was not attached to the 
                        principles of the Constitution of the United 
                        States and was not well disposed to the good 
                        order and happiness of the United States at the 
                        time of naturalization, and, in the absence of 
                        countervailing evidence, it shall be sufficient 
                        in the proper proceeding to authorize the 
                        revocation and setting aside of the order 
                        admitting such person to citizenship and the 
                        cancellation of the certificate of 
                        naturalization as having been obtained by 
                        concealment of a material fact or by willful 
                        misrepresentation, and such revocation and 
                        setting aside of the order admitting such 
                        person to citizenship and such canceling of 
                        certificate of naturalization shall be 
                        effective as of the original date of the order 
                        and certificate, respectively.
                            ``(2) Acts described.--The acts described 
                        in this paragraph that shall subject an 
                        individual to denaturalization under subsection 
                        (d)(1) are the following:
                                    ``(A) Any activity a purpose of 
                                which is the opposition to, or the 
                                control or overthrow of, the Government 
                                of the United States by force, 
                                violence, or other unlawful means.
                                    ``(B) Engaging in a terrorist 
                                activity (as defined in clauses (iii) 
                                and (iv) of section 212(a)(3)(B)).
                                    ``(C) Incitement of terrorist 
                                activity under circumstances indicating 
                                an intention to cause death or serious 
                                bodily harm.
                                    ``(D) Receiving military-type 
                                training (as defined in section 
                                2339D(c)(1) of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time the 
                                training was received, was a terrorist 
                                organization (as defined in section 
                                212(a)(3)(B)(vi)).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
acts that occur on or after such date.

SEC. 627. TREATMENT OF PENDING APPLICATIONS DURING DENATURALIZATION 
              PROCEEDINGS.

    (a) Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 
1154(b)) is amended by--
            (1) inserting ``(1) In General.--Except as provided in 
        subsection (b)(2),'' before ``After'';
            (2) revising the term ``After'' to read ``after''; and
            (3) inserting new subsection (b)(2) to read as follows:
            ``(2) Treatment of petitions during pending 
        denaturalization proceedings. The Secretary shall not 
        adjudicate or approve any petition filed under this section by 
        an individual who has a judicial proceeding pending against him 
        or her that would result in the individual's denaturalization 
        under section 340 until such proceedings have concluded and, if 
        applicable, the period for appeal has expired or any appeals 
        have been finally decided.''.
    (b) Section 340 of the Immigration and Nationality Act (8 U.S.C. 
1451), as amended by section 626, is further amended by inserting new 
subsection (e) to read as follows:
                    ``(e) Withholding of Immigration Benefits During 
                Denaturalization Proceedings.--The Secretary shall not 
                accept or approve any application, petition, or request 
                for any immigration benefit from an individual against 
                whom there is a judicial proceeding pending that would 
                result in the individual's denaturalization under this 
                section until such proceedings have concluded and, if 
                applicable, the period for appeal has expired or any 
                appeals have been finally decided.''.

SEC. 628. NATURALIZATION DOCUMENT RETENTION.

    (a) In General.--Chapter 2 of title III of the Immigration and 
Nationality Act (8 U.S.C. 1421 et seq.) is amended by inserting after 
section 344 the following:

``SEC. 345. NATURALIZATION DOCUMENT RETENTION.

    ``The Secretary shall retain the original paper naturalization 
application and all supporting paper documents submitted with the 
application at the time of filing for a minimum of 7 years for law 
enforcement and national security investigations and for litigation 
purposes, regardless of whether such documents are scanned into U.S. 
Citizenship and Immigration Services' electronic immigration system or 
stored in any electronic format.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Immigration and Nationality Act is amended by inserting after 
the item relating to section 344 the following:

``Sec. 345. 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.

    Section 981(a)(1) of title 18, United States Code, is amended by 
adding at the end the following:
                    ``(J) Any property, real or personal, that has been 
                used to commit or facilitate the commission of a 
                violation of chapter 75, the gross proceeds of such 
                violation, and any property traceable to any such 
                property or proceeds.''.

SEC. 632. PASSPORT REVOCATION ACT.

    (a) Short Title.--This section may be cited as the ``Passport 
Revocation Act''.
    (b) Revocation or Denial of Passports and Passport Cards to 
Individuals Who Are Affiliated With Foreign Terrorist Organizations.--
The Act entitled ``An Act to regulate the issue and validity of 
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 
211a et seq.), which is commonly known as the ``Passport Act of 1926'', 
is amended by adding at the end the following:

``SEC. 5. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.

    ``(a) Ineligibility.--
            ``(1) Issuance.--Except as provided under subsection (b), 
        the Secretary of State shall refuse to issue a passport or 
        passport card to any individual--
                    ``(A) who has been convicted under chapter 113B of 
                title 18, United States Code; or
                    ``(B)(i) whom the Secretary has determined is a 
                member of or is otherwise affiliated with an 
                organization the Secretary has designated as a foreign 
                terrorist organization pursuant to section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 1189); or
                    ``(ii) has aided, abetted, or provided material 
                support to such an organization.
            ``(2) Revocation.--The Secretary of State shall revoke a 
        passport previously issued to any individual described in 
        paragraph (1).
    ``(b) Exceptions.--
            ``(1) Emergency circumstances, humanitarian reasons, and 
        law enforcement purposes.--Notwithstanding subsection (a), the 
        Secretary of State may issue, or decline to revoke, a passport 
        of an individual described in such subsection in emergency 
        circumstances, for humanitarian reasons, or for law enforcement 
        purposes.
            ``(2) Limitation for return to united states.--
        Notwithstanding subsection (a)(2), the Secretary of State, 
        before revocation, may--
                    ``(A) limit a previously issued passport for use 
                only for return travel to the United States; or
                    ``(B) issue a limited passport that only permits 
                return travel to the United States.
    ``(c) Right of Review.--Any individual who, in accordance with this 
section, is denied issuance of a passport by the Secretary of State, or 
whose passport is revoked or otherwise limited by the Secretary of 
State, may request a hearing before the Secretary of State not later 
than 60 days after receiving notice of such denial, revocation, or 
limitation.
    ``(d) Report.--If the Secretary of State denies, issues, limits, or 
declines to revoke a passport or passport card under subsection (b), 
the Secretary shall, not later than 30 days after such denial, 
issuance, limitation, or revocation, submit to Congress a report on 
such denial, issuance, limitation, or revocation, as the case may 
be.''.

                        TITLE VII--OTHER MATTERS

SEC. 701. OTHER IMMIGRATION AND NATIONALITY ACT AMENDMENTS.

    (a) Notice of Address Change.--Subsection (a) of section 265 of the 
Immigration and Nationality Act (8 U.S.C. 1305(a)) is amended to read 
as follows:
    ``(a) Each alien required to be registered under this Act who is 
within the United States shall notify the Secretary of Homeland 
Security of each change of address and new address within ten days from 
the date of such change and shall furnish such notice in the manner 
prescribed by the Secretary.''.
    (b) Photographs for Naturalization Certificates.--Section 333 of 
the Immigration and Nationality Act (8 U.S.C. 1444) is amended by 
adding at the end the following:
    ``(c) The Secretary may modify the technical requirements of this 
section in the Secretary's discretion and as the Secretary may deem 
necessary to provide for photographs to be furnished and used in a 
manner that is efficient, secure, and consistent with the developments 
in technology.''.

SEC. 702. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT.

    Except where promulgation of regulations is specified in this Act, 
chapter 5 of title 5, United States Code (commonly known as the 
``Administrative Procedures Act''), and any other law relating to 
rulemaking, information collection, or publication in the Federal 
Register, shall not apply to any action to implement this Act, and the 
amendments made by this Act, to the extent the Secretary, the Secretary 
of State, or the Attorney General determines that compliance with any 
such law would impede the expeditious implementation of this Act or the 
amendments made by this Act.

SEC. 703. EXEMPTION FROM THE PAPERWORK REDUCTION ACT.

    Chapter 35 of title 44, United States Code, shall not apply to any 
action to implement this Act or the amendments made by this Act to the 
extent the Secretary of Homeland Security, the Secretary of State, or 
the Attorney General determines that compliance with such law would 
impede the expeditious implementation of this Act or the amendments 
made by this Act.

SEC. 704. ABILITY TO FILL AND RETAIN DHS POSITIONS IN U.S. TERRITORIES.

    Section 530C of Title 28, United States Code, is amended--
            (1) in subsection (a) by inserting ``or Department of 
        Homeland Security'' after ``Department of Justice'' and 
        inserting ``or Secretary of Homeland Security'' after 
        ``Attorney'';
            (2) in subsection (b)--
                    (A) in paragraph (1) introductory text by inserting 
                ``or Secretary of Homeland Security'' after ``Attorney 
                General'';
                    (B) in paragraph (1)(K)(i) by inserting ``or within 
                US territories or commonwealths'' after ``outside 
                United States'' and ``or Secretary of Homeland 
                Security'' after ``Attorney General'';
                    (C) in paragraph (1)(K)(ii) ``or Secretary of 
                Homeland Security'' after ``Attorney General'';
                    (D) in paragraph (2) by--
                            (i) in subparagraph (A) by striking ``for 
                        the Immigration and Naturalization Service'' 
                        and inserting a ``.'' after ``Drug Enforcement 
                        Administration''; and
                            (ii) in subparagraph (A) by adding after 
                        ``.'' ``Further funds available to the 
                        Secretary of Homeland Security;
                            (iii) in subparagraph (B) by striking ``and 
                        for the Immigration and Naturalization 
                        Service'' and replacing with ``and for the 
                        Secretary of Homeland Security''; and
                    (E) in paragraph (5) by striking ``immigration and 
                naturalization service.--Funds available to the 
                Attorney General. . .'' and replacing with ``Department 
                of homeland security.-- Funds available to the 
                Secretary of Homeland Security. . .'';
                    (F) in paragraph (7) by inserting ``or the 
                Secretary of Homeland Security'' after ``Attorney 
                General'' and striking ``the Immigration and 
                Naturalization Service'' and replacing with ``U.S. 
                Immigration and Customs Enforcement'';
            (3) in subsection (d) by inserting ``or Department of 
        Homeland Security'' after ``Department of Justice''.

SEC. 705. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
any application of such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of the 
provisions of this Act and the amendments made by this Act and the 
application of the provision or amendment to any other person or 
circumstance shall not be affected.

SEC. 706. FUNDING.

    (a) Implementation.--The Director of the Office of Management and 
Budget shall determine and identify--
            (1) the appropriation accounts from which the rescission 
        under subsection (a) shall apply; and
            (2) the amount of the rescission that shall be applied to 
        each such account.
    (b) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of the Office of Management and Budget shall 
submit a report to Congress and to the Secretary of the Treasury that 
describes the accounts and amounts determined and identified under 
subsection (b) for rescission under subsection (a).
    (c) Exceptions.--This subsection shall not apply to unobligated 
funds of--
            (1) the Department;
            (2) the Department of Defense; or
            (3) the Department of Veterans Affairs.

                    TITLE VIII--TECHNICAL AMENDMENTS

SEC. 801. REFERENCES TO THE IMMIGRATION AND NATIONALITY ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 802. TITLE I TECHNICAL AMENDMENTS.

    (a) Section 101.--
            (1) Department.--Paragraph (8) of section 101(a) (8 U.S.C. 
        1101(a)(8)) is amended to read as follows:
            ``(8) The term `Department' means the Department of 
        Homeland Security.''.
            (2) Immigrant.--Paragraph (15) of section 101(a) (8 U.S.C. 
        1101(a)(15)) is amended--
                    (A) in subparagraph (F)(i)--
                            (i) by striking the term ``Attorney 
                        General'' each place that term appears and 
                        inserting ``Secretary''; and
                            (ii) by striking ``214(l)'' and inserting 
                        ``214(m)'';
                    (B) in subparagraph (H)(i)--
                            (i) in [subclause (b)], by striking 
                        ``certifies to the Attorney General that the 
                        intending employer has filed with the 
                        Secretary'' and inserting ``certifies to the 
                        Secretary of Homeland Security that the 
                        intending employer has filed with the Secretary 
                        of Labor''; and
                            (ii) in [subclause (c)], by striking 
                        ``certifies to the Attorney General'' and 
                        inserting ``certifies to the Secretary of 
                        Homeland Security''; and
                    (C) in subparagraph (M)(i), by striking the term 
                ``Attorney General'' each place that term appears and 
                inserting ``Secretary''.
            (3) Immigration officer.--Paragraph (18) of section 101(a) 
        (8 U.S.C. 1101(a)(18)) is amended by striking ``Service or of 
        the United States designated by the Attorney General,'' and 
        inserting ``Department or of the United States designated by 
        the Secretary,''.
            (4) Secretary.--Paragraph (34) of section 101(a) (8 U.S.C. 
        1101(a)(34)) is amended to read as follows:
            ``(34) The term `Secretary' means the Secretary of Homeland 
        Security, except as provided in section 219(d)(4).''.
            (5) Special immigrant.--Section 101(a)(27)(L)(iii) (8 
        U.S.C. 1101(a)(27)(L)(iii)) is amended by adding a semicolon 
        and ``or'' at the end.
            (6) Managerial capacity; executive capacity.--Subparagraph 
        (C) of section 101(a)(44) (8 U.S.C. 1101(a)(44)(C)) is amended 
        by striking ``Attorney General'' and inserting ``Secretary''.
            (7) Order of removal.--Subparagraph (A) of section 
        101(a)(47) (8 U.S.C. 1101(a)(47)(A)) is amended to read as 
        follows:
                    ``(A) The term `order of removal' means the order 
                of the immigration judge, or other such administrative 
                officer to whom the Attorney General or the Secretary 
                has delegated the responsibility for determining 
                whether an alien is removable, concluding that the 
                alien is removable or ordering removal.''.
            (8) Title i and ii definitions.--Subsection (b) of section 
        101 is amended--
                    (A) in paragraph (1)(F)(i), by striking ``Attorney 
                General'' and inserting ``Secretary''; and
                    (B) in paragraph (4), by striking ``Immigration and 
                Naturalization Service.'' and inserting 
                ``Department.''.
    (b) Section 103.--
            (1) In general.--Section 103 (8 U.S.C. 1103) is amended by 
        striking the section heading and subsection (a)(1) and 
        inserting the following:

``SEC. 103. POWERS AND DUTIES.

    ``(a)(1) The Secretary shall be charged with the administration and 
enforcement of this Act and all other laws relating to the immigration 
and naturalization of aliens, except insofar as this Act or such laws 
relate to the powers, functions, and duties conferred upon the 
President, Attorney General, the Secretary of Labor, the Secretary of 
Agriculture, the Secretary of Health and Human Services, the 
Commissioner of Social Security, the Secretary of State, the officers 
of the Department of State, or diplomatic or consular officers: 
Provided, however, That a determination and ruling by the Attorney 
General with respect to all questions of law shall be controlling.''.
            (2) Technical and conforming corrections.--Subsection of 
        section 103 (8 U.S.C. 1103), as amended by paragraph (1), is 
        further amended--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking ``He'' 
                        and inserting ``The Secretary'';
                            (ii) in paragraph (3)--
                                    (I) by striking ``He'' and 
                                inserting ``The Secretary'';
                                    (II) by striking ``he'' and 
                                inserting ``the Secretary''; and
                                    (III) by striking ``his authority'' 
                                and inserting ``the authority of the 
                                Secretary'';
                            (iii) in paragraph (4)--
                                    (I) by striking ``He'' and 
                                inserting ``The Secretary''; and
                                    (II) by striking ``Service or the 
                                Department of Justice'' and insert the 
                                ``Department'';
                            (iv) in paragraph (5)--
                                    (I) by striking ``He'' and 
                                inserting ``The Secretary'';
                                    (II) by striking ``his 
                                discretion,'' and inserting ``the 
                                discretion of the Secretary,'' and
                                    (III) by striking ``him'' and 
                                inserting ``the Secretary'';
                            (v) in paragraph (6)--
                                    (I) by striking ``He'' and 
                                inserting ``The Secretary'';
                                    (II) by striking ``Department'' and 
                                inserting ``agency, department,''; and
                                    (III) by striking ``Service.'' and 
                                inserting ``Department or upon consular 
                                officers with respect to the granting 
                                or refusal of visas'';
                            (vi) in paragraph (7)--
                                    (I) by striking ``He'' and 
                                inserting ``The Secretary'';
                                    (II) by striking ``countries;'' and 
                                inserting ``countries'';
                                    (III) by striking ``he'' and 
                                inserting ``the Secretary''; and
                                    (IV) by striking ``his judgment'' 
                                and inserting ``the judgment of the 
                                Secretary'';
                            (vii) in paragraph (8), by striking 
                        ``Attorney General'' and inserting 
                        ``Secretary'';
                            (viii) in paragraph (10), by striking 
                        ``Attorney General'' each place that term 
                        appears and inserting ``Secretary''; and
                            (ix) in paragraph (11), by striking 
                        ``Attorney General,'' and inserting 
                        ``Secretary,'';
                    (B) by amending subsection (c) to read as follows:
    ``(c) Secretary; Appointment.--The Secretary shall be a citizen of 
the United States and shall be appointed by the President, by and with 
the advice and consent of the Senate. The Secretary shall be charged 
with any and all responsibilities and authority in the administration 
of the Department and of this Act. The Secretary may enter into 
cooperative agreements with State and local law enforcement agencies 
for the purpose of assisting in the enforcement of the immigration 
laws.'';
                    (C) in subsection (e)--
                            (i) in paragraph (1), by striking 
                        ``Commissioner'' and inserting ``Secretary''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Service'' and inserting ``U.S. Citizenship 
                        and Immigration Services'';
                    (D) in subsection (f)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary'';
                            (ii) by striking ``Immigration and 
                        Naturalization Service'' and inserting 
                        ``Department''; and
                            (iii) by striking ``Service,'' and 
                        inserting ``Department,''; and
                    (E) in subsection (g)(1), by striking ``Immigration 
                Reform, Accountability and Security Enhancement Act of 
                2002'' and inserting ``Homeland Security Act of 2002 
                (Public Law 107-296; 116 Stat. 2135)''.
            (3) Clerical amendment.--The table of contents in the first 
        section is amended by striking the item relating to section 103 
        and inserting the following:

``Sec. 103. Powers and duties.''.
    (c) Section 105.--Section 105(a) is amended (8 U.S.C. 1105(a)) by 
striking ``Commissioner'' each place that term appears and inserting 
``Secretary''.

SEC. 803. TITLE II TECHNICAL AMENDMENTS.

    (a) Section 202.--Section 202(a)(1)(B) (8 U.S.C. 1152(a)(1)(B)) is 
amended by inserting ``the Secretary or'' after ``the authority of'',
    (b) Section 203.--Section 203 (8 U.S.C. 1153) is amended--
            (1) in subsection (b)(2)(B)(ii)--
                    (A) in subclause (II)--
                            (i) by inserting ``the Secretary or'' 
                        before ``the Attorney General''; and
                            (ii) by moving such subclause 4 ems to the 
                        left; and
                    (B) by moving subclauses (III) and (IV) 4 ems to 
                the left; and
            (2) in subsection (g)--
                    (A) by striking ``Secretary's'' and inserting 
                ``Secretary of State's''; and
                    (B) by inserting ``of State'' after ``but the 
                Secretary''.
    (c) Section 204.--Section 204 (8 U.S.C. 1154) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (B)(i)--
                            (i) by redesignating the second subclause 
                        (I), as added by section 402(a)(3)(B) of the 
                        Adam Walsh Child Protection and Safety Act of 
                        2006 (Public Law 109-248), as subclause (II); 
                        and
                            (ii) indenting the left margin of such 
                        subclause two ems from the left margin; and
                    (B) in subparagraph (G)(ii), by inserting ``of 
                State'' after ``by the Secretary'';
            (2) in subsection (c), by inserting ``the Secretary or'' 
        before ``the Attorney General'' each place that term appears; 
        and
            (3) in subsection (e), by inserting ``to'' after 
        ``admitted''.
    (d) Section 208 of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``the Secretary of Homeland 
                Security or'' before ``Attorney General'' in 
                subparagraph (A);
                    (B) by inserting ``the Secretary of Homeland 
                Security or'' before ``Attorney General'' in 
                subparagraph (D);
            (2) in subsection (b)(2) by inserting ``the Secretary of 
        Homeland Security or'' before ``Attorney General'' wherever the 
        term appears;
            (3) in subsection (c)(1), by striking ``the Attorney 
        General'' and inserting ``the Secretary of Homeland Security'';
            (4) in paragraphs (2) and (3) of subsection (c), by 
        inserting ``the Secretary of Homeland Security or'' before 
        ``Attorney General''; and
            (5) in subsection (d)--
                    (A) in paragraph (1), by inserting ``the Secretary 
                of Homeland Security or'' before ``the Attorney 
                General'',
                    (B) in paragraph (2), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''; and
                    (C) in paragraph (3)--
                            (i) by striking ``Attorney General'' each 
                        place that term appears and inserting 
                        ``Secretary of Homeland Security''; and
                            (ii) by striking ``Attorney General's'' and 
                        inserting ``Secretary's''.
                    (D) in paragraphs (4) through (6), by inserting 
                ``the Secretary of Homeland Security or'' before ``the 
                Attorney General''; and
    (e) Section 209.--Section 209(a)(1)(A) (8 U.S.C. 1159(a)(1)(A)) is 
amended by striking ``Secretary of Homeland Security or the Attorney 
General'' each place that term appears and inserting ``Secretary''.
    (f) Section 212.--Section 212 (8 U.S.C. 1182) is amended--
            (1) in subsection (a)--
                    (A) in paragraphs (2)(C), (2)(H)(ii), (2)(I), 
                (3)(A), and (3)(B)(ii)(II), by inserting ``, the 
                Secretary,'' before ``or the Attorney General'' each 
                place that term appears;
                    (B) in paragraph (3)(D), by inserting ``the 
                Secretary or'' before ``the Attorney General'' each 
                place that term appears;
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), by inserting ``the 
                        Secretary or'' before ``the Attorney General''; 
                        and
                            (ii) in subparagraph (B), by inserting ``, 
                        the Secretary,'' before ``or the Attorney 
                        General'' each place that term appears;
                    (D) in paragraph (5)(C), by striking ``or, in the 
                case of an adjustment of status, the Attorney General, 
                a certificate from the Commission on Graduates of 
                Foreign Nursing Schools, or a certificate from an 
                equivalent independent credentialing organization 
                approved by the Attorney General'' and inserting ``or, 
                in the case of an adjustment of status, the Secretary 
                or the Attorney General, a certificate from the 
                Commission on Graduates of Foreign Nursing Schools, or 
                a certificate from an equivalent independent 
                credentialing organization approved by the Secretary'';
                    (E) in paragraph (9)--
                            (i) in subparagraph (B)(v)--
                                    (I) by inserting ``or the 
                                Secretary'' after ``Attorney General'' 
                                each place that term appears; and
                                    (II) by striking ``has sole 
                                discretion'' and inserting ``have 
                                discretion''; and
                            (ii) in subparagraph (C)(iii), by inserting 
                        ``or the Attorney General'' after ``Secretary 
                        of Homeland Security''; and
                    (F) in paragraph (10)(C), in clauses (ii)(III) and 
                (iii)(II), by striking ``Secretary's'' and inserting 
                ``Secretary of State's'';
            (2) in subsection (d), in paragraphs (11) and (12), by 
        inserting ``or the Secretary'' after ``Attorney General'' each 
        place that term appears;
            (3) in subsection (e), by striking the first proviso and 
        inserting ``Provided, That upon the favorable recommendation of 
        the Director, pursuant to the request of an interested United 
        States Government agency (or, in the case of an alien described 
        in clause (iii), pursuant to the request of a State Department 
        of Public Health, or its equivalent), or of the Secretary after 
        the Secretary has determined that departure from the United 
        States would impose exceptional hardship upon the alien's 
        spouse or child (if such spouse or child is a citizen of the 
        United States or a lawfully resident alien), or that the alien 
        cannot return to the country of his or her nationality or last 
        residence because the alien would be subject to persecution on 
        account of race, religion, or political opinion, the Secretary 
        may waive the requirement of such two-year foreign residence 
        abroad in the case of any alien whose admission to the United 
        States is found by the Secretary to be in the public interest 
        except that in the case of a waiver requested by a State 
        Department of Public Health, or its equivalent, or in the case 
        of a waiver requested by an interested United States Government 
        agency on behalf of an alien described in clause (iii), the 
        waiver shall be subject to the requirements under section 
        214(l):''.
            (4) in subsections (g), (h), (i), and (k), by inserting 
        ``or the Secretary'' after ``Attorney General'' each place that 
        term appears;
            (5) in subsection (m)(2)(E)(iv), by inserting ``of Labor'' 
        after ``Secretary'' the second and third place that term 
        appears;
            (6) in subsection (n), by inserting ``of Labor'' after 
        ``Secretary'' each place that term appears, except that this 
        amendment shall not apply to references to the ``Secretary of 
        Labor''; and
            (7) in subsection (s), by inserting ``, the Secretary,'' 
        before ``or the Attorney General''.
    (g) Section 213A.--Section 213A (8 U.S.C. 1183a) is amended--
            (1) in subsection (a)(1), in the matter preceding paragraph 
        (1), by inserting ``, the Secretary,'' after ``the Attorney 
        General''; and
            (2) in subsection (f)(6)(B), by inserting ``the 
        Secretary,'' after ``The Secretary of State,''.
    (h) Section 214.--Subparagraph (A) of section 214(c)(9) (8 U.S.C. 
1184(c)(9)(A) is amended, in the matter preceding clause (i), by 
striking ``before''.
    (i) Section 217.--Section 217 (8 U.S.C. 1187) is amended--
            (1) in subsection (e)(3)(A), by inserting a comma after 
        ``Regulations'';
            (2) in subsection (f)(2)(A), by striking ``section 
        (c)(2)(C),'' and inserting ``subsection (c)(2)(C),''; and
            (3) in subsection (h)(3)(A), by striking ``the'' before 
        ``alien'' and inserting ``an''.
    (j) Section 218.--Section 218 (8 U.S.C. 1188) is amended--
            (1) by inserting ``of Labor'' after ``Secretary'' each 
        place that term appears, except that this amendment shall not 
        apply to references to the ``Secretary of Labor'' or to the 
        ``Secretary of Agriculture'';
            (2) in subsection (c)(3)(B)(iii), by striking 
        ``Secretary's'' and inserting ``Secretary of Labor's''; and
            (3) in subsection (g)(4), by striking ``Secretary's'' and 
        inserting ``Secretary of Agriculture's''.
    (k) Section 219.--Section 219 (8 U.S.C. 1189) is amended--
            (1) in subsection (a)(1)(B)--
                    (A) by inserting a close parenthetical after 
                ``section 212(a)(3)(B)''; and
                    (B) by deleting ``terrorism);'' and inserting 
                ``terrorism;'';
            (2) in subsection (c)(3)(D), by striking ``(2),'' and 
        inserting ``(2);''; and
            (3) in subsection (d)(4), by inserting ``Secretary of 
        Homeland Security,'' after ``with the''.
    (l) Section 222.--Section 222 (8 U.S.C. 1202)--
            (1) by inserting ``or the Secretary'' after ``Secretary of 
        State'' each place that term appears; and
            (2) in subsection (f)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, the Department,'' after ``Department of 
                State''; and
                    (B) in paragraph (2), by striking ``Secretary's'' 
                and inserting ``their''.
    (m) Section 231.--Section 231 (8 U.S.C. 1221) is amended--
            (1) in subsection (c)(10), by striking ``Attorney 
        General,'' and inserting ``Secretary,'';
            (2) in subsection (f), by striking ``Attorney General'' 
        each place that term appears and inserting ``Secretary'';
            (3) in subsection (g)--
                    (A) by striking ``of the Attorney General'' and 
                inserting ``of the Secretary'';
                    [(B) by striking ``by the Attorney General'' and 
                inserting ``by the Secretary''; and]
                    (C) by striking ``Commissioner'' each place that 
                term appears and inserting ``Secretary''; and
            (4) in subsection (h), by striking ``Attorney General'' 
        each place that term appears and inserting ``Secretary''.
    (n) Section 236.--Section 236 (8 U.S.C. 1226) is amended--
            (1) in subsection (a)(2)(A), by inserting ``the Secretary 
        or'' before ``the Attorney General'' the third place that term 
        appears; and
            (2) in subsection (e)--
                    (A) by striking ``review.'' and inserting ``review, 
                other than administrative review by the Attorney 
                General pursuant to the authority granted by section 
                103(g).''; and
                    (B) by inserting ``the Secretary or'' before 
                ``Attorney General under''.
    (o) Section 236A.--Paragraph (4) of section 236A(a) (8 U.S.C. 
1226a(a)(4)) is amended by striking ``Deputy Attorney General'' both 
places that term appears and inserting ``Deputy Secretary of Homeland 
Security''.
    (p) Section 237.--Section 237(a) (8 U.S.C. 1227(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``following the initiation by the Secretary of removal 
        proceedings'' after ``upon the order of the Attorney General''; 
        and
            (2) in the heading of subparagraph (E) of paragraph (2), by 
        striking ``CHILDREN AND.--'' and inserting ``CHILDREN.--''.
    (q) Section 238.--Section 238 (8 U.S.C. 1228) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``Attorney 
                General'' each place that term appears and inserting 
                ``Secretary''; and
                    (B) in paragraphs (3) and (4)(A), by inserting 
                ``and the Secretary'' after ``Attorney General'' each 
                place that term appears;
            (2) in subsection (b)--
                    (A) in paragraph (3) and (4), by striking 
                ``Attorney General'' each place the term appears and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in paragraph (5) by inserting ``or the 
                Secretary'' after ``Attorney General''; and
            (3) in subsection (d), as so redesignated--
                    (A) by striking ``Commissioner'' and ``Attorney 
                General'' each place those terms appear and inserting 
                ``Secretary''; and
                    (B) in subparagraph (D)(iv), by striking ``Attorney 
                General'' and inserting ``United States Attorney''.
    (r) Section 239.--Section 239(a)(1) (8 U.S.C. 1229(a)(1)) is 
amended by inserting ``and the Secretary'' after ``Attorney General'' 
each place that term appears.
    (s) Section 240.--Section 240 (8 U.S.C. 1229a) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by inserting ``, with the 
                concurrence of the Secretary with respect to employees 
                of the Department'' after ``Attorney General''; and
                    (B) in paragraph (5)(A), by inserting ``the 
                Secretary or'' before ``the Attorney General''; and
            (2) in subsection (c)--
                    (A) in paragraph (2), by inserting ``, the 
                Secretary of State, or the Secretary'' before ``to be 
                confidential''; and
                    [(B) in paragraph (7)(C)(iv)(I)), by striking the 
                extra comma after the second reference to the term 
                ``this title''. Note: please clarify how to execute 
                this amendment.]
    (t) Section 240A.--Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
            (1) in paragraph (3), by striking ``Attorney General 
        shall'' and inserting ``Secretary shall''; and
            (2) in paragraph (4)(A), by striking ``Attorney General'' 
        and inserting ``Secretary''.
    (u) Section 240B.--Section 240B (8 U.S.C. 1229c) is amended--
            (1) in paragraphs (1) and (3) of subsection (a), by 
        inserting ``or the Secretary'' after ``Attorney General''; and
            (2) in subsection (c), by inserting ``and the Secretary'' 
        after ``Attorney General''.
    (v) Section 241.--Section 241 (8 U.S.C. 1231) is amended--
            (1) in subsection (a)(4)(B)(i), by inserting a close 
        parenthetical after ``(L)'';
            (2) in paragraph (2) of subsection (g)--
                    (A) by striking the paragraph heading and inserting 
                ``Detention facilities of the department of homeland 
                security.--'';
                    (B) by striking ``Service,'' and inserting 
                ``Department''; and
                    (C) by striking ``Commissioner'' and inserting 
                ``Secretary''.
    (w) Section 242.--Section 242(g) (8 U.S.C. 1252(g)) is amended by 
inserting ``the Secretary or'' before ``the Attorney General''.
    (x) Section 243.--Section 243 (8 U.S.C. 1253) is amended--
            (1) in subparagraphs (A) and (B) of subsection (c)(1)--
                    (A) by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary''; and
                    (B) by striking ``Commissioner'' each place that 
                term appears and inserting ``Secretary''; and
            (2) in subsection (d), by inserting ``of State'' after 
        ``notifies the Secretary''.
    (y) Section 244.--Section 244 (8 U.S.C. 1254a) is amended--
            (1) in subsection (c)(2), by inserting ``or the Secretary'' 
        after ``Attorney General'' each place the term appears; and
            (2) in subsection (g), by inserting ``or the Secretary'' 
        after ``Attorney General''.
    (z) Section 245.--Section 245 (8 U.S.C. 1255) is amended--
            (1) by inserting ``or the Secretary'' after ``Attorney 
        General'' each place that term appears except in subsections 
        (j) (other than the first reference), (l), and (m);
            (2) in subsection (c), striking the comma after ``section 
        101(a)(15)(S)'' and inserting a semicolon;
            (3) in subsection (k)(1), adding an ``and'' at the end;
            (4) in subsection (l)--
                    (A) in paragraph (1), by inserting a comma after 
                ``appropriate''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Attorney General's'' and 
                        inserting ``Secretary's''; and
                            (ii) in subparagraph (B), by striking 
                        ``(10(E))'' and inserting ``(10)(E))''.
    (aa) Section 245A.--Section 245A (8 U.S.C. 1255a) is amended--
            (1) by striking subparagraph (C) of subsection (c)(7); and
            (2) in subsection (h)(5)--
                    [(A) in subparagraph (A), by striking the second 
                reference to ``The''; and Note: Please clarify how to 
                execute this amendment]
            (3) striking ``(Public Law 96-122),'' and inserting 
        ``(Public Law 96-422),''.
    (bb) Section 246.--Section 246(a) (8 U.S.C. 1256(a)) is amended--
            (1) by inserting ``or the Secretary'' after ``of the 
        Attorney General'';
            (2) by inserting ``or the Secretary'' after ``status, the 
        Attorney General''; and
            (3) by striking ``Attorney General to rescind'' and 
        inserting ``Secretary to rescind''.
    (cc) Section 249.--Section 249 (8 U.S.C. 1259) is amended by 
inserting ``or the Secretary'' after ``Attorney General'' each place 
that term appears.
    (dd) Section 251.--Subsection (d) of section 251 (8 U.S.C. 1281(d)) 
is amended by striking ``Attorney General'' and ``Commissioner'' each 
place those terms appear and inserting ``Secretary''.
    (ee) Section 254.--Subsection (a) of section 254 (8 U.S.C. 1284(a)) 
is amended by striking ``Commissioner'' each place that term appears 
and inserting ``Secretary''.
    (ff) Section 255.--Section 255 (8 U.S.C. 1285) is amended by 
striking ``Commissioner'' each place that term appears and inserting 
``Secretary''.
    (gg) Section 256.--Section 256 (8 U.S.C. 1286) is amended--
            (1) by striking ``Commissioner'' each place that term 
        appears and inserting ``Secretary'';
            (2) in the first and second sentences, by striking 
        ``Attorney General'' each places that term appears and 
        inserting ``Secretary''.
    (hh) Section 258.--Section 258 (8 U.S.C. 1288) is amended--
            (1) by inserting ``of Labor'' after ``Secretary'' each 
        place that term appears, except that this amendment shall not 
        apply to references to the ``Secretary of Labor'', [the 
        Secretary of State,] or to subsection (e)(2);
            (2) in subsection (d)(2)(A), by striking ``at'' after 
        ``while''; and
            (3) in subsection (e)(2), by striking ``the Secretary 
        shall'' and inserting ``the Secretary of State shall''.
    (ii) Section 264.--Section 264(f) (8 U.S.C. 1304) is amended by 
striking ``Attorney General is'' and inserting ``Attorney General and 
Secretary are''.
    (jj) Section 272.--Section 272 (8 U.S.C. 1322) is amended by 
striking ``Commissioner'' each place that term appears and inserting 
``Secretary''.
    (kk) Section 273.--Section 273 (8 U.S.C. 1323) is amended--
            (1) by striking ``Commissioner'' each place that term 
        appears and inserting ``Secretary''; and
            (2) by striking ``Attorney General'' each place that term 
        appears, except in subsection (e) in the matter preceding 
        paragraph (1), and inserting ``Secretary''.
    (ll) Section 274.--Section 274(b)(2) (8 U.S.C. 1324(b)(2)) is 
amended by striking ``Secretary of the Treasury'' and inserting 
``Secretary''.
    (mm) Section 274B.--Paragraph (2) of section 274B(f) (8 U.S.C. 
1324b(f)(2)) is amended by striking ``subsection'' and inserting 
``section''.
    (nn) Section 274C.--Section 274C(d)(2)(A) (8 U.S.C. 1324c(d)(2)(A)) 
is amended by inserting ``or the Secretary'' after ``subsection (a), 
the Attorney General''.
    (oo) Section 274D.--Section 274D (8 U.S.C. 1324d) is amended in 
subsection (a)(2) of section 274D(a) (8 U.S.C. 1324d(a)(2)) is amended 
by striking ``Commissioner'' and inserting ``Secretary''.
    (pp) Section 286.--Section 286 (8 U.S.C. 1356) is amended--
            (1) in subsection (q)(1)(B), by striking ``, in 
        consultation with the Secretary of the Treasury,'';
            (2) in subsection (r)(2), by striking ``section 
        245(i)(3)(b)'' and inserting ``section 245(i)(3)(B)'';
            (3) in subsection (s)(5)--
                    (A) by striking ``5 percent'' and inserting ``Use 
                of fees for duties relating to petitions.--Five 
                percent''; and
            (4) by striking ``paragraph (1) (C) or (D) of section 204'' 
        and inserting ``subparagraph (C) or (D) of section 204(a)(1)''; 
        and
            (5) in subsection (v)(2)(A)(i), by adding ``of'' after 
        ``number''.
    (qq) Section 294.--Section 294 (8 U.S.C. 1363a) is amended--
            (1) in the undesignated matter following paragraph (4) of 
        subsection (a), by striking ``Commissioner, in consultation 
        with the Deputy Attorney General,'' and inserting 
        ``Secretary''; and
            (2) in subsection (d), by striking ``Deputy Attorney 
        General'' and inserting ``Secretary''.

SEC. 804. TITLE III TECHNICAL AMENDMENTS.

    (a) Section 316.--Section 316 (8 U.S.C. 1427) is amended--
            (1) in subsection (d), by inserting ``or by the Secretary'' 
        after ``Attorney General''; and
            (2) in subsection (f)(1), by striking ``Intelligence, the 
        Attorney General and the Commissioner of Immigration'' and 
        inserting ``Intelligence and the Secretary''.
    (b) Section 322.--Paragraph (1) of section 322(a) (8 U.S.C. 
1433(a)) is amended--
            (1) by inserting ``is'' before ``(or,''; and
            (2) by striking ``is'' before ``a citizen''.
    (c) Section 342.--
            (1) Section heading.--
                    (A) In general.--Section 342 (8 U.S.C. 1453) is 
                amended by striking the section heading and inserting 
                ``cancellation of certificates; action not to affect 
                citizenship status''.
                    (B) Clerical amendment.--The table of contents in 
                the first section is amended by striking the item 
                relating to section 342 and inserting the following:

``Sec. 342. Cancellation of certificates; action not to affect 
                            citizenship status.''.
            (2) In general.--Section 342 (8 U.S.C. 1453) is amended--
                    (A) by striking ``heretofore issued or made by the 
                Commissioner or a Deputy Commissioner or hereafter made 
                by the Attorney General''; and
                    (B) by striking ``practiced upon, him or the 
                Commissioner or a Deputy Commissioner;''.

SEC. 805. TITLE IV TECHNICAL AMENDMENTS.

    Clause (i) of section 412(a)(2)(C) (8 U.S.C. 1522(a)(2)(C)(i)) is 
amended by striking ``insure'' and inserting ``ensure''.

SEC. 806. TITLE V TECHNICAL AMENDMENTS.

    (a) Section 504.--Section 504 (8 U.S.C. 1534) is amended--
            (1) in subsection (a)(1)(A), by striking ``a'' before 
        ``removal proceedings'';
            (2) in subsection (i), by striking ``Attorney General'' 
        inserting ``Government''; and
            (3) in subsection (k)(2), by striking ``by''.
    (b) Section 505.--Section 505(e)(2) (8 U.S.C. 1535(e)(2)) is 
amended by inserting ``and the Secretary'' after ``Attorney General''.

SEC. 807. OTHER AMENDMENTS.

    (a) Correction of Commissioner of Immigration and Naturalization.--
            (1) In general.--The Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) as amended by this Act, is further amended 
        by striking ``Commissioner'' and ``Commissioner of Immigration 
        and Naturalization'' each place those terms appear and 
        inserting ``Secretary''.
            (2) Exception for commissioner of social security.--The 
        amendment made by paragraph (1) shall not apply to any 
        reference to the ``Commissioner of Social Security''.
    (b) Correction of Immigration and Naturalization Service.--The 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended by 
this Act, is further amended by striking ``Service'' and ``Immigration 
and Naturalization Service'' each place those terms appear and 
inserting ``Department''.
    (c) Correction of Department of Justice.--
            (1) In general.--The Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.), as amended by this Act, is further 
        amended by striking ``Department of Justice'' each place that 
        term appears and inserting ``Department''.
            (2) Exceptions.--The amendment made by paragraph (1) shall 
        not apply in subsections (d)(3)(A) and (r)(5)(A) of section 214 
        (8 U.S.C. 1184), section 274B(c)(1) (8 U.S.C. 1324b(c)(1)), or 
        title V (8 U.S.C. 1531 et seq.).
    (d) Correction of Attorney General.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) as amended by this Act, is 
further amended by striking ``Attorney General'' each place that term 
appears and inserting ``Secretary'', except for in the following:
            (1) Any joint references to the ``Attorney General and the 
        Secretary of Homeland Security'' or ``the Secretary of Homeland 
        Security and the Attorney General''.
            (2) Section 101(a)(5).
            (3) Subparagraphs (S), (T), and (V) of section 101(a)(15).
            (4) Section 101(a)(47)(A).
            (5) Section 101(b)(4).
            (6) Section 103(a)(1).
            (7) Section 103(g).
            (8) Section 105(b)(1).
            (9) Section 105(c).
            (10) Section 204(c).
            (11) Section 208.
            (12) Section 212(a)(2)(C).
            (13) Section 212(a)(2)(H).
            (14) Section 212(a)(2)(I).
            (15) Section 212(a)(3)(A).
            (16) Section 212(a)(3)(B)(ii)(II).
            (17) Section 212(a)(3)(D).
            (18) Section 212(a)(4).
            (19) Section 212(a)(9)(B)(v).
            (20) Section 212(a)(9)(C)(iii).
            (21) Section 212(d)(11).
            (22) Section 212(d)(12).
            (23) Section 212(g).
            (24) Section 212(h).
            (25) Section 212(i).
            (26) Section 212(k).
            (27) Section 212(s).
            [(28) Section 213A(a)(1).]
            [(29) Section 213A(f)(6)(B).]
            (30) Section 216(d)(2)(c).
            (31) Section 219(d)(4).
            (32) Section 235(b)(1)(B)(iii)(III).
            (33) The second sentence of section 236(e).
            (34) Section 237.
            (35) Section 238(a)(1).
            (36) Section 238(a)(3).
            (37) Section 238(a)(4)(A).
            (38) Section 238(b)(1).
            (39) Section 238(b)(5).
            (40) Section 238(c)(2)(D)(iv).
            (41) Section 239(a).
            (42) Section 239(b).
            (43) Section 240.
            (44) Section 240A.
            (45) Section 240B(a)(1).
            (46) Section 240B(a)(3).
            (47) Section 240B(b).
            (48) Section 240B(c).
            (49) The first reference in section 241(a)(4)(B)(i).
            (50) Section 241(b)(3) (except for the first reference in 
        subparagraph (A), to which the amendment shall apply).
            (51) Section 241(i) (except for paragraph (3)(B)(i), to 
        which the amendment shall apply).
            (52) Section 242(a)(2)(B).
            (53) Section 242(b) (except for paragraph (8), to which the 
        amendment shall apply).
            (54) Section 242(g).
            (55) Section 244(a)(3)(C).
            (56) Section 244(c)(2).
            (57) Section 244(e).
            (58) Section 244(g).
            (59) Section 245 (except for subsection (i)(1)(B)(i), 
        subsection (i)(3)) and the first reference to the Attorney 
        General in subsection 245(j)).
            (60) Section 245A(a)(1)(A).
            (61) Section 246(a).
            (62) Section 249.
            (63) Section 264(f).
            (64) Section 274(e).
            (65) Section 274A.
            (66) Section 274B.
            (67) Section 274C.
            (68) Section 292.
            (69) Section 316(d).
            (70) Section 316(f)(1).
            (71) Section 342.
            (72) Section 412(f)(1)(A).
            (73) Title V (except for subsections 506(a)(1) and 507(b), 
        (c), and (d) (first reference), to which the amendment shall 
        apply).

SEC. 808. REPEALS; CONSTRUCTION.

    (a) Repeals.--
            (1) Immigration and naturalization service.--
                    (A) In general.--Section 4 of the Act of February 
                14, 1903 (32 Stat. 826, chapter 552; 8 U.S.C. 1551) is 
                repealed.
                    (B) 8 u.s.c. 1551.--The language of the compilers 
                set out in section 1551 of title 8 of the United States 
                Code shall be removed from the compilation of such 
                title 8.
            (2) Commissioner of immigration and naturalization; 
        office.--
                    (A) In general.--Section 7 of the Act of March 3, 
                1891 (26 Stat. 1085, chapter 551; 8 U.S.C. 1552) is 
                repealed.
                    (B) 8 u.s.c. 1552.--The language of the compilers 
                set out in section 1552 of title 8 of the United States 
                Code shall be removed from the compilation of such 
                title 8.
            (3) Assistant commissioners and district director; 
        compensation and salary grade.--Title II of the Department of 
        Justice Appropriation Act, 1957 (70 Stat. 307, chapter 414; 8 
        U.S.C. 1553) is amended in the matter under the heading 
        ``Immigration and Naturalization Service'' and under the 
        subheading ``SALARIES AND EXPENSES'' by striking ``That the 
        compensation of the five assistant commissioners and one 
        district director shall be at the rate of grade GS-16: Provided 
        further''.
            (4) Special immigrant inspectors at washington.--The Act of 
        March 2, 1895 (28 Stat. 780, chapter 177; 8 U.S.C. 1554) is 
        amended in the matter following the heading ``Bureau of 
        Immigration:'' by striking ``That hereafter special immigrant 
        inspectors, not to exceed three, may be detailed for duty in 
        the Bureau at Washington: And provided further,''.
    (b) Construction.--Nothing in this title shall be construed to 
repeal or limit the applicability of sections 462 and 1512 of the 
Homeland Security Act of 2002 (6 U.S.C. 279 and 552) with respect to 
any provision of law or matter not specifically addressed by the 
amendments made by this title.

SEC. 809. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Correction to the Intelligence Reform and Terrorism Prevention 
Act of 2004.--Section 5502(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004, Pub. L. 108-458, in amended by striking ``(E) 
Participated in the commission of severe violations of religious 
freedom.'' and inserting ``(F) Participated in the commission of severe 
violations of religious freedom''.
    (b) Conforming Amendment to the Child Soldiers Accountability Act 
of 2008.--Section 2(c) of the Child Soldier's Accountability Act of 
2008, Pub. L. 110-340, in amended by striking ``(F) Recruitment or use 
of child soldiers.'' and inserting ``(G) Recruitment or use of child 
soldiers.''.
    (c) Central Intelligence Agency Act of 1949.--Section 7 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 3508) is amended by 
striking ``Commissioner of Immigration'' and inserting ``Secretary of 
Homeland Security''.
                                                       Calendar No. 208

115th CONGRESS

  1st Session

                                S. 1757

_______________________________________________________________________

                                 A BILL

 To strengthen border security, increase resources for enforcement of 
               immigration laws, and for other purposes.

_______________________________________________________________________

                           September 5, 2017

            Read the second time and placed on the calendar
```