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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2192 Placed on Calendar Senate (PCS)]

<DOC>

                                                       Calendar No. 275
115th CONGRESS
  1st Session
                                S. 2192

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2017

 Mr. Grassley (for himself, Mr. Cornyn, Mr. Tillis, Mr. Lankford, Mr. 
 Cotton, and Mr. Perdue) introduced the following bill; which was read 
                             the first time

                            December 6, 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 ``Security, 
Enforcement, and Compassion United in Reform Efforts Act'' or the 
``SECURE Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title table of contents.
                 TITLE I--BUILDING AMERICA'S TRUST ACT

Sec. 1001. Short title.
                      Subtitle A--Border Security

Sec. 1101. Short title.
Sec. 1102. Definitions.
                Chapter 1--Infrastructure and Equipment

Sec. 1111. Strengthening the requirements for barriers along the 
                            southern border.
Sec. 1112. Land use or acquisition.
Sec. 1113. Air and Marine Operations flight hours.
Sec. 1114. Capability deployment to specific sectors and transit zone.
Sec. 1115. Deployment of assets.
Sec. 1116. U.S. Border Patrol activities.
Sec. 1117. Border security technology program management.
Sec. 1118. National Guard support to secure the southern border and 
                            reimbursement of States for deployment of 
                            the National Guard at the southern border.
Sec. 1119. Operation Phalanx.
Sec. 1120. Merida Initiative.
Sec. 1121. Prohibitions on actions that impede border security on 
                            certain Federal land.
Sec. 1122. Landowner and rancher security enhancement.
Sec. 1123. Limitation on land owner's liability.
Sec. 1124. Eradication of carrizo cane and salt cedar.
Sec. 1125. Prevention, detection, control, and eradication of diseases 
                            and pests.
Sec. 1126. Transnational criminal organization illicit spotter 
                            prevention and detection.
Sec. 1127. Southern border threat analysis.
Sec. 1128. Amendments to U.S. Customs and Border Protection.
Sec. 1129. Agent and officer technology use.
Sec. 1130. Integrated Border Enforcement Teams.
Sec. 1131. Tunnel Task Forces.
                          Chapter 2--Personnel

Sec. 1141. Additional U.S. Customs and Border Protection agents and 
                            officers.
Sec. 1142. U.S. Customs and Border Protection retention incentives.
Sec. 1143. Anti-Border Corruption Reauthorization Act.
Sec. 1144. Training for officers and agents of U.S. Customs and Border 
                            Protection.
Sec. 1145. Additional U.S. Immigration and Customs Enforcement 
                            personnel.
Sec. 1146. Other immigration and law enforcement personnel.
Sec. 1147. Judicial resources for border security.
Sec. 1148. Reimbursement to State and local prosecutors for federally 
                            initiated, immigration-related criminal 
                            cases.
                           Chapter 3--Grants

Sec. 1151. State Criminal Alien Assistance Program.
Sec. 1152. Southern border security assistance grants.
Sec. 1153. Operation Stonegarden.
Sec. 1154. Grants for identification of victims of cross-border human 
                            smuggling.
Sec. 1155. Grant accountability.
               Chapter 4--Authorization of Appropriations

Sec. 1161. Authorization of appropriations.
   Subtitle B--Emergency Port of Entry Personnel and Infrastructure 
                                Funding

Sec. 1201. Definitions.
Sec. 1202. Ports of entry infrastructure.
Sec. 1203. Secure communications.
Sec. 1204. Border security deployment program.
Sec. 1205. Pilot and upgrade of license plate readers at ports of 
                            entry.
Sec. 1206. Biometric technology.
Sec. 1207. Nonintrusive inspection operational demonstration project.
Sec. 1208. Biometric exit data system.
Sec. 1209. Sense of Congress on cooperation between agencies.
Sec. 1210. Authorization of appropriations.
         Subtitle C--Domestic Security and Interior Enforcement

                       Chapter 1--General Matters

Sec. 1301. Ending catch and release for repeat immigration violators 
                            and criminals aliens.
Sec. 1302. Deterring visa overstays.
Sec. 1303. Increase in immigration detention capacity.
Sec. 1304. Collection of DNA from criminal and detained aliens.
Sec. 1305. Collection, use, and storage of biometric data.
Sec. 1306. Pilot program for electronic field processing.
Sec. 1307. Ending abuse of parole authority.
Sec. 1308. Reports to Congress on parole.
Sec. 1309. Stop Dangerous Sanctuary Cities Act.
Sec. 1310. Reinstatement of the Secure Communities Program.
 Chapter 2--Protection and Due Process for Unaccompanied Alien Children

Sec. 1320. Short title.
Sec. 1321. Repatriation of unaccompanied alien children.
Sec. 1322. Expedited due process and screening for unaccompanied alien 
                            children.
Sec. 1323. Child welfare and law enforcement information sharing.
Sec. 1324. Accountability for children and taxpayers.
Sec. 1325. Custody of unaccompanied alien children in formal removal 
                            proceeding.
Sec. 1326. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.
Sec. 1327. Notification of States and foreign governments, reporting, 
                            and monitoring.
Sec. 1328. Emergency immigration judge resources.
Sec. 1329. Reports to Congress.
     Subtitle D--Penalties for Smuggling, Drug Trafficking, Human 
    Trafficking, Terrorism, and Illegal Entry and Reentry; Bars to 
                     Readmission of Removed Aliens

Sec. 1401. Dangerous human smuggling, human trafficking, and human 
                            rights violations.
Sec. 1402. Putting the Brakes on Human Smuggling Act.
Sec. 1403. Drug trafficking and crimes of violence committed by illegal 
                            aliens.
Sec. 1404. Establishing inadmissibility and deportability.
Sec. 1405. Penalties for illegal entry; enhanced penalties for entering 
                            with intent to aid, abet, or commit 
                            terrorism.
Sec. 1406. Penalties for reentry of removed aliens.
Sec. 1407. Laundering of monetary instruments.
Sec. 1408. Freezing bank accounts of international criminal 
                            organizations and money launderers.
Sec. 1409. Criminal proceeds laundered through prepaid access devices, 
                            digital currencies, or other similar 
                            instruments.
Sec. 1410. Closing the loophole on drug cartel associates engaged in 
                            money laundering.
       Subtitle E--Protecting National Security and Public Safety

                       Chapter 1--General Matters

Sec. 1501. Definitions of engage in terrorist activity and terrorist 
                            organization.
Sec. 1502. Terrorist grounds of inadmissibility.
Sec. 1503. Expedited removal for aliens inadmissible on criminal or 
                            security grounds.
Sec. 1504. Detention of removable aliens.
Sec. 1505. GAO study on deaths in custody.
Sec. 1506. GAO study on migrant deaths.
Sec. 1507. Statute of limitations for visa, naturalization, and other 
                            fraud offenses involving war crimes or 
                            human rights violations.
Sec. 1508. Criminal detention of aliens to protect public safety.
Sec. 1509. Recruitment of persons to participate in terrorism.
Sec. 1510. Barring and removing persecutors, war criminals, and 
                            participants in crimes against humanity 
                            from the United States.
Sec. 1511. Gang membership, removal, and increased criminal penalties 
                            related to gang violence.
Sec. 1512. Barring aliens with convictions for driving under the 
                            influence or while intoxicated.
Sec. 1513. Barring aggravated felons, border checkpoint runners, and 
                            sex offenders from admission to the United 
                            States.
Sec. 1514. Protecting immigrants from convicted sex offenders.
Sec. 1515. Enhanced criminal penalties for high speed flight.
Sec. 1516. Prohibition on asylum and cancellation of removal for 
                            terrorists.
Sec. 1517. Aggravated felonies.
Sec. 1518. Convictions.
Sec. 1519. Failure to obey removal orders.
Sec. 1520. Sanctions for countries that delay or prevent repatriation 
                            of their nationals.
Sec. 1521. Enhanced penalties for construction and use of border 
                            tunnels.
Sec. 1522. Enhanced penalties for fraud and misuse of visas, permits, 
                            and other documents.
Sec. 1523. Expansion of criminal alien repatriation programs.
          Chapter 2--Strong Visa Integrity Secures America Act

Sec. 1531. Short title.
Sec. 1532. Visa security.
Sec. 1533. Electronic passport screening and biometric matching.
Sec. 1534. Reporting visa overstays.
Sec. 1535. Student and exchange visitor information system 
                            verification.
Sec. 1536. Social media review of visa applicants.
              Chapter 3--Visa Cancellation and Revocation

Sec. 1541. Cancellation of additional visas.
Sec. 1542. Visa information sharing.
Sec. 1543. Visa interviews.
Sec. 1544. Judicial review of visa revocation.
                      Chapter 4--Secure Visas Act

Sec. 1551. Short title.
Sec. 1552. Authority of the Secretary of Homeland Security and the 
                            Secretary of State.
       Chapter 5--Visa Fraud and Security Improvement Act of 2017

Sec. 1561. Short title.
Sec. 1562. Expanded usage of fraud prevention and detection fees.
Sec. 1563. Visa information sharing.
Sec. 1564. Inadmissibility of spouses and children of traffickers.
Sec. 1565. DNA testing.
Sec. 1566. Access to NCIC criminal history database for diplomatic 
                            visas.
Sec. 1567. Elimination of signed photograph requirement for visa 
                            applications.
                        Chapter 6--Other Matters

Sec. 1571. Requirement for completion of background checks.
Sec. 1572. Withholding of adjudication.
Sec. 1573. Access to the National Crime Information Center Interstate 
                            Identification Index.
Sec. 1574. Appropriate remedies for immigration litigation.
Sec. 1575. Use of 1986 IRCA legalization information for national 
                            security purposes.
Sec. 1576. Uniform statute of limitations for certain immigration, 
                            naturalization, and peonage offenses.
Sec. 1577. Conforming amendment to the definition of racketeering 
                            activity.
Sec. 1578. Validity of electronic signatures.
 Subtitle F--Prohibition on Terrorists Obtaining Lawful Status in the 
                             United States

   Chapter 1--Prohibition on Adjustment to Lawful Permanent Resident 
                                 Status

Sec. 1601. Lawful permanent residents as applicants for admission.
Sec. 1602. Date of admission for purposes of adjustment of status.
Sec. 1603. Precluding asylee and refugee adjustment of status for 
                            certain grounds of inadmissibility and 
                            deportability.
Sec. 1604. Revocation of lawful permanent resident status for human 
                            rights violators.
Sec. 1605. Removal of condition on lawful permanent resident status 
                            prior to naturalization.
Sec. 1606. Prohibition on terrorists and aliens who pose a threat to 
                            national security or public safety from 
                            receiving an adjustment of status.
Sec. 1607. Treatment of applications for adjustment of status during 
                            pending denaturalization proceedings.
Sec. 1608. Extension of time limit to permit rescission of permanent 
                            resident status.
Sec. 1609. Barring persecutors and terrorists from registry.
 Chapter 2--Prohibition on Naturalization and United States Citizenship

Sec. 1621. Barring terrorists from becoming naturalized United States 
                            citizens.
Sec. 1622. Terrorist bar to good moral character.
Sec. 1623. Prohibition on judicial review of naturalization 
                            applications for aliens in removal 
                            proceedings.
Sec. 1624. Limitation on judicial review when agency has not made 
                            decision on naturalization application and 
                            on denials.
Sec. 1625. Clarification of denaturalization authority.
Sec. 1626. Denaturalization of terrorists.
Sec. 1627. Treatment of pending applications during denaturalization 
                            proceedings.
Sec. 1628. Naturalization document retention.
Chapter 3--Forfeiture of Proceeds From Passport and Visa Offenses, and 
                          Passport Revocation.

Sec. 1631. Forfeiture of proceeds from passport and visa offenses.
Sec. 1632. Passport Revocation Act.
       TITLE II--ASYLUM REFORM AND BORDER PROTECTION ACT OF 2017

Sec. 2001. Short title.
Sec. 2002. Clarification of intent regarding taxpayer-provided counsel.
Sec. 2003. Unaccompanied alien child defined.
Sec. 2004. Modifications to preferential availability for asylum for 
                            unaccompanied alien minors.
Sec. 2005. Information sharing between the Department of Health and 
                            Human Services and the Department of 
                            Homeland Security.
Sec. 2006. Reports.
Sec. 2007. Termination of asylum status pursuant to return to home 
                            country.
Sec. 2008. Asylum cases for home schoolers.
Sec. 2009. Notice concerning frivolous asylum applications:.
Sec. 2010. Termination of asylum status.
Sec. 2011. Time limits for applying for asylum.
Sec. 2012. Limits on continuances in removal proceedings.
                          TITLE III--E-VERIFY

Sec. 3001. Permanent reauthorization.
Sec. 3002. Preemption; liability.
Sec. 3003. Information sharing.
Sec. 3004. Small Business Demonstration Program.
Sec. 3005. Fraud prevention.
Sec. 3006. Identity authentication employment eligibility verification 
                            pilot programs.
                          TITLE IV--BRIDGE ACT

Sec. 4001. Short title.
Sec. 4002. Provisional protected presence for young individuals.
    TITLE V--REFORMING AMERICAN IMMIGRATION FOR A STRONG ECONOMY ACT

Sec. 5001. Short title.
Sec. 5002. Family-Sponsored immigration priorities.
                        TITLE VI--OTHER MATTERS

Sec. 6001. Other Immigration and Nationality Act amendments.
Sec. 6002. Exemption from the Administrative Procedure Act.
Sec. 6003. Exemption from the Paperwork Reduction Act.
Sec. 6004. Ability to fill and retain Department of Homeland Security 
                            positions in United States territories.
Sec. 6005. Severability.
Sec. 6006. Funding.
                    TITLE VII--TECHNICAL AMENDMENTS

Sec. 7001. References to the Immigration and Nationality Act.
Sec. 7002. Technical amendments to title I of the Immigration and 
                            Nationality Act.
Sec. 7003. Technical amendments to title II of the Immigration and 
                            Nationality Act.
Sec. 7004. Technical amendments to title III of the Immigration and 
                            Nationality Act.
Sec. 7005. Technical amendment to title IV of the Immigration and 
                            Nationality Act.
Sec. 7006. Technical amendments to title V of the Immigration and 
                            Nationality Act.
Sec. 7007. Other amendments.
Sec. 7008. Repeals; rule of construction.
Sec. 7009. Miscellaneous technical correction.

                 TITLE I--BUILDING AMERICA'S TRUST ACT

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Building America's Trust Act''.

                      Subtitle A--Border Security

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Border Security for America Act 
of 2017''.

SEC. 1102. DEFINITIONS.

    In this subtitle:
            (1) Advanced unattended surveillance sensors.--The term 
        ``advanced unattended surveillance sensors'' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            (2) 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)).
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (4) High traffic areas.--The term ``high traffic areas'' 
        has the meaning given the term in section 102(e)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, as amended by section 1111 of this Act.
            (5) Operational control.--The term ``operational control'' 
        has the meaning given the term in section 2(b) of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) 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; 6 U.S.C. 223(a)(7)).
            (8) Transit zone.--The term ``transit zone'' has the 
        meaning given the term in section 1092(a)(8) of the National 
        Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
        328; 6 U.S.C. 223(a)(7)).

                CHAPTER 1--INFRASTRUCTURE AND EQUIPMENT

SEC. 1111. 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 
detection of illegal entrants) to construct, install, deploy, operate, 
and maintain tactical infrastructure and technology in the vicinity of 
the United States border to achieve situational awareness and 
operational control of the border and 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 
                        along the United States border the most 
                        practical and effective tactical infrastructure 
                        available for achieving situational awareness 
                        and operational control of the border.
                            ``(ii) Exception for certain tactical 
                        infrastructure.--The deployment of tactical 
                        infrastructure under this subparagraph shall 
                        not apply in areas along the border where 
                        natural terrain features, natural barriers, or 
                        the remoteness of such area would make 
                        deployment ineffective, as determined by the 
                        Secretary, for the purposes of gaining 
                        situational awareness or operational control of 
                        such areas.''; and
                            (iii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security, 
                        before deploying tactical infrastructure in a 
                        specific area or region, shall consult with the 
                        Secretary of the Interior, the Secretary of 
                        Agriculture, the Governors of each State on the 
                        southern land border or the 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 on the southern 
                        land border or in the maritime environment 
                        along the southern border, and private property 
                        owners in the United States to minimize the 
                        impact on the environment, culture, commerce, 
                        quality of life for the communities and 
                        residents located near the sites at which 
                        physical barriers, tactical infrastructure, and 
                        technology are to be constructed.'';
                                    (II) by redesignating clause (ii) 
                                as clause (iii); and
                                    (III) by inserting after clause 
                                (i), as amended, the following:
                            ``(ii) Notification.--Not later than 60 
                        days after the completion of the consultation 
                        required under clause (i), the Secretary of 
                        Homeland Security shall notify the Committee on 
                        Homeland Security of the House of 
                        Representatives and the Committee on Homeland 
                        Security and Governmental Affairs of the Senate 
                        of the type of tactical infrastructure and 
                        technology that the Secretary has determined is 
                        most practical and effective to achieve 
                        operational control and situational awareness 
                        in a specific area and the other alternatives 
                        the Secretary considered before making such a 
                        determination.'';
                    (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, when constructing tactical 
        infrastructure, shall incorporate such safety features into the 
        design of such tactical infrastructure that the Secretary 
        determines, in the Secretary's sole discretion, are necessary 
        to maximize the safety and effectiveness of officers or agents 
        of the Department of Homeland Security or of 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 that the Secretary, 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 shall be effective upon 
        publication in the Federal Register.''; and
            (4) by adding after subsection (d) the following:
    ``(e) Construction, Installation, and Maintenance of Technology.--
Not later than January 20, 2021, the Secretary of Homeland Security, in 
carrying out subsection (a), shall deploy along the United States 
border the most practical and effective technology available for 
achieving situational awareness and operational control of the border.
    ``(f) Definitions.--In this section:
            ``(1) High traffic areas.--The term `high traffic areas' 
        means areas in the vicinity of the United States border that--
                    ``(A) are within the responsibility of U.S. Customs 
                and Border Protection; and
                    ``(B) have significant unlawful cross-border 
                activity, as determined by the Secretary of Homeland 
                Security.
            ``(2) Operational control.--The term `operational control' 
        has the meaning given the term in section 2(b) of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            ``(3) Situational awareness defined.--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; 6 U.S.C. 223(a)(7)).
            ``(4) Tactical infrastructure.--The term `tactical 
        infrastructure' means--
                    ``(A) boat ramps, access gates, checkpoints, 
                lighting, and roads; and
                    ``(B) physical barriers (including fencing, border 
                wall system, and levee walls).
            ``(5) Technology.--The term `technology' means border 
        surveillance and detection technology, including--
                    ``(A) tower-based surveillance technology;
                    ``(B) deployable, lighter-than-air ground 
                surveillance equipment;
                    ``(C) Vehicle and Dismount Exploitation Radars 
                (VADER);
                    ``(D) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology;
                    ``(E) advanced unattended surveillance sensors;
                    ``(F) mobile vehicle-mounted and man-portable 
                surveillance capabilities;
                    ``(G) unmanned aerial vehicles; and
                    ``(H) predator-type unmanned aircraft systems.''.

SEC. 1112. LAND USE OR ACQUISITION.

    Section 103(b) of the Immigration and Nationality Act (8 U.S.C. 
1103 note) is amended to read as follows:
    ``(b)(1) The Secretary may lease, contract for, or buy any interest 
in land, including temporary use rights, adjacent to or in the vicinity 
of an international land border when the Secretary determines that such 
land is essential to control and guard the boundaries and borders of 
the United States against any violation of this Act.
    ``(2) The Secretary may lease, contract for, or buy any interest in 
land described in paragraph (1) when--
            ``(A) the lawful owner of that interest fixes a price for 
        leasing, contracting, or buying such interest; and
            ``(B) the Secretary considers the price referred to in 
        subparagraph (A) to be reasonable.
    ``(3) If the Secretary and the lawful owner of an interest in land 
described in paragraph (1) are unable to agree to lease, contract for, 
or buy such interest at a reasonable price for such lease, contract, or 
purchase, the Secretary may commence condemnation proceedings pursuant 
to the Act of August 1, 1888 (Chapter 728; 25 Stat. 357).''.

SEC. 1113. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Increased Flight Hours.--The Secretary 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 shall ensure that Air 
and Marine Operations operate unmanned aerial systems on the southern 
border of the United States for not fewer than 24 hours per day for 5 
days per week.
    (c) Contract Air Support Authorization.--The Commissioner shall 
contract for any additional aviation services needed to fulfill 
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 missions for Air and Marine Operations are 
        to directly support U.S. Border Patrol activities along the 
        southern border of the United States and Joint Interagency Task 
        Force South operations in the transit zone; and
            (2) the Executive Assistant 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 (d), 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) Small Unmanned Aerial Vehicles.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the operational lead for U.S. Customs and Border 
        Protection's use of small, unmanned aerial vehicles for the 
        purpose of meeting the U.S. Border Patrol's unmet flight hour 
        operational requirements and to achieve situational awareness 
        and operational control.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall coordinate with the Executive 
        Assistant Commissioner for Air and Marine Operations of U.S. 
        Customs and Border Protection to ensure the safety of other 
        aircraft flying in the vicinity of small, unmanned aerial 
        vehicles operated by U.S. Border Patrol.
            (3) Defined term.--In this subsection, the term ``small, 
        unmanned aerial vehicle'' means any unmanned aerial vehicle 
        operated by U.S. Customs and Border Protection weighing less 
        than 55 pounds.
            (4) Conforming amendment.--Section 411(e)(3) of the 
        Homeland Security Act of 2002 (6 U.S.C. 211(e)(3)) is amended--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) carry out the small unmanned aerial vehicle 
                requirements under section 1112(f) of the Border 
                Security for America Act of 2017; and''.

SEC. 1114. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.

    (a) In General.--Not later than January 20, 2021, the Secretary, in 
implementing section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 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) Tower-based surveillance technology.
                    (B) Subterranean surveillance and detection 
                technologies.
                    (C) 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) U.S. Customs and Border Protection 
                        maritime patrol aircraft.
                            (iv) Coastal radar surveillance systems.
                            (v) Maritime signals intelligence 
                        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.
                    (I) Improved agent communications 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.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (3) Yuma sector.--For the Yuma sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (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 systems.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (4) Tucson sector.--For the Tucson sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (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) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (5) El paso sector.--For the El Paso sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications 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.
                    (I) Improved agent communications capabilities.
            (7) Del rio sector.--For the Del Rio sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (C) Improved agent communications capabilities.
                    (D) Improved maritime capabilities in the Amistad 
                National Recreation Area.
                    (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.
                    (I) Improved agent communications capabilities.
            (8) Laredo sector.--For the Laredo sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Maritime detection resources for the Falcon 
                Lake region.
                    (C) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (D) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (E) Ultralight aircraft detection capability.
                    (F) Advanced unattended surveillance sensors.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (9) Rio grande valley sector.--For the Rio Grande Valley 
        sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (D) Ultralight aircraft detection capability.
                    (E) Advanced unattended surveillance sensors.
                    (F) Increased monitoring for cross-river dams, 
                culverts, footpaths.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Increased maritime interdiction capabilities.
                    (I) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (J) Man-portable unmanned aerial vehicles.
                    (K) Improved agent communications capabilities.
            (10) Blaine sector.--For the Blaine sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (11) Spokane sector.--For the Spokane sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Increased maritime interdiction capabilities.
                    (C) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Ultralight aircraft detection capabilities.
                    (F) Completion of six miles of the Bog Creek road.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (12) Havre sector.--For the Havre sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (13) Grand forks sector.--For the Grand Forks sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (14) Detroit sector.--For the Detroit sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (15) Buffalo sector.--For the Buffalo sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (16) Swanton sector.--For the Swanton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (17) Houlton sector.--For the Houlton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (18) Transit zone.--For the transit zone, the following:
                    (A) Not later than 2 years after the date of the 
                enactment of this Act, an increase in the number of 
                overall cutter, boat, and aircraft hours spent 
                conducting interdiction operations over the average 
                number of such hours during the preceding 3 fiscal 
                years.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) To increase maritime domain awareness--
                            (i) unmanned aerial vehicles with maritime 
                        surveillance capability; and
                            (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.
                    (E) Coastal radar surveillance systems with long 
                range day and night cameras capable of providing full 
                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.
    (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.--
                    (A) In general.--Beginning on January 20, 2020, or 
                after the Secretary has deployed at least 25 percent of 
                the capabilities required in each sector specified in 
                subsection (a), whichever comes later, the Secretary 
                may deviate from such capability deployments if the 
                Secretary determines that such deviation is required to 
                achieve situational awareness or operational control.
                    (B) Notification.--If the Secretary exercises the 
                authority described in subparagraph (A), the Secretary 
                shall, not later than 90 days after such exercise, 
                notify the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Homeland Security of the House of Representatives 
                regarding the deviation under such subparagraph that is 
                the subject of such exercise. Not later than 90 days 
                after the Secretary makes any changes to such 
                deviation, the Secretary shall notify such committees 
                regarding such change.
            (2) Transit zone.--
                    (A) Notification.--The Secretary 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 for the transit zone specified in 
                subsection (a)(18), 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 the transit zone referred to in 
                        subsection (a)(18).
                    (B) Alteration.--The Secretary may alter the 
                capability deployments referred to in this section if 
                the Secretary--
                            (i) determines, after consultation with the 
                        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 the transit zone 
                                referred to in subsection (a)(18).
    (d) Exigent Circumstances.--
            (1) In general.--Notwithstanding subsection (b), the 
        Secretary may deploy the capabilities referred to in subsection 
        (a) in a manner that is inconsistent with the requirements 
        specified in such subsection if, after the Secretary has 
        deployed at least 25 percent of such capabilities, the 
        Secretary determines that exigent circumstances demand such an 
        inconsistent deployment or that such an inconsistent deployment 
        is vital to the national security interests of the United 
        States.
            (2) Notification.--Not later than 30 days after making a 
        determination under paragraph (1), the Secretary shall notify 
        the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate of such determination and 
        provide a detailed justification for such determination.

SEC. 1115. DEPLOYMENT OF ASSETS.

    (a) Joint Briefing.--Not later than March 1 of each year, the 
Secretary (or the Secretary's designees) shall conduct a joint, 
comprehensive briefing for all Members of the appropriate congressional 
committees on the deployment of Department of Homeland Security 
personnel and assets along the borders of the United States.
    (b) Content.--Each briefing conducted pursuant to shall include--
            (1) the number and types of assets and personnel to be 
        deployed in each sector and district;
            (2) the cause for any change in deployments of assets and 
        personnel in each sector and district; and
            (3) the anticipated impact that such deployments or change 
        in deployments are to have in terms of the capacity of the 
        Department of Homeland Security to conduct its mission in each 
        sector or district.

SEC. 1116. U.S. BORDER PATROL ACTIVITIES.

    The Chief of the U.S. Border Patrol shall prioritize the deployment 
of U.S. Border Patrol agents to as close to the physical land border as 
possible, consistent with border security enforcement priorities and 
accessibility to such areas.

SEC. 1117. 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:

``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, evaluating, and using independent verification and validation 
resources for border security technology. Under the plan, new border 
security technologies shall be evaluated through a series of 
assessments, processes, and audits to ensure--
            ``(1) compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(2) the effective use 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:

``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. 1118. 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 and the 
Secretary of Defense, 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 achieve situational awareness and operational 
control of the 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 physical 
        barriers;
            (2) operate 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;
            (5) construct checkpoints along the Southern border to 
        bridge the gap to long-term permanent checkpoints; and
            (6) provide intelligence support.
    (d) Materiel and Logistical Support.--The Secretary of Defense 
shall deploy such materiel, 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 for any reimbursements paid to States for 
        the costs of such deployments.
            (2) Limitation.--The total amount of reimbursements under 
        this section may not exceed $35,000,000 in any fiscal year.

SEC. 1119. OPERATION PHALANX.

    (a) In General.--The Secretary of Defense, with the concurrence of 
the Secretary, 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 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. 1120. 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) be focused on providing enhanced border security at 
        Mexico's northern and southern borders, judicial reform, and 
        support for Mexico's anti-drug efforts; and
            (2) return to its original focus and prioritize security, 
        training, and acquisition of equipment for Mexican security 
        forces involved in anti-drug efforts as well as be used to 
        train prosecutors in ongoing justice reform efforts.
    (b) Assistance for Mexico.--The Secretary of State, in coordination 
with the Secretary and the Secretary of Defense, shall provide level 
and consistent assistance to Mexico--
            (1) to combat drug production and trafficking and related 
        violence, transnational organized criminal organizations, and 
        corruption;
            (2) to build a secure, modern border security system 
        capable of preventing illegal migration;
            (3) to support border security and cooperation with United 
        States military, intelligence, and law enforcement agencies on 
        border incursions;
            (4) to support judicial reform, institution building, and 
        rule of law activities to build judicial capacity, address 
        corruption and impunity, and support human rights; and
            (5) to provide for training and equipment for Mexican 
        security forces involved in efforts to eradicate and interdict 
        drugs.
    (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 on 
                Mexico's northern and southern borders;
                    (B) taking significant action to address 
                corruption, impunity, and human rights abuses; and
                    (C) 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;
                    (B) any relevant assessments by civil society and 
                non-government organizations in Mexico relating to such 
                matters; and
                    (C) any instances in which the Secretary 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 Foreign Relations of the 
                Senate;
                    (E) the Committee on Appropriations of the House of 
                Representatives;
                    (F) the Committee on Homeland Security of the House 
                of Representatives;
                    (G) the Committee on the Judiciary of the House of 
                Representatives; and
                    (H) the Committee on Foreign Affairs 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 Foreign Relations of the 
                Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
                    (E) the Committee on the Judiciary of the House of 
                Representatives; and
                    (F) the Committee on Foreign Affairs of the House 
                of Representatives.
    (e) Spending Plan.--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 subsection (c)(3) 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--
            (1) combating drug trafficking and related violence and 
        organized crime; and
            (2) anti-corruption and rule of law activities, which shall 
        include concrete goals, actions to be taken, budget proposals, 
        and a description of anticipated results.

SEC. 1121. 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 motorized vehicles, foot patrols, 
                and horseback 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 described in section 102 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996, as amended by section 1111 of this Act.
    (c) Clarification Relating to Waiver Authority.--
            (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 section are all Federal, State, or other 
        laws, regulations, and legal requirements of, deriving from, or 
        related to the subject of, the following laws:
                    (A) The National Environmental Policy Act of 1969 
                (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 Archaeological 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 ``Archeological 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 (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 
                (Public Law 106-145).
                    (Y) Sections 102(29) and 103 of the California 
                Desert Protection Act of 1994 (Public Law 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 (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
                    (BB) Sections 401(7), 403, and 404 of the National 
                Parks and Recreation Act of 1978 (Public Law 95-625).
                    (CC) Sections 301(a) through (f) of the Arizona 
                Desert Wilderness Act (Public Law 101-628).
                    (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 
                403).
                    (EE) The Eagle Protection Act (16 U.S.C. 668 et 
                seq.).
                    (FF) The Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.).
                    (GG) The American Indian Religious Freedom Act (42 
                U.S.C. 1996).
                    (HH) The Religious Freedom Restoration Act (42 
                U.S.C. 2000bb).
                    (II) The National Forest Management Act of 1976 (16 
                U.S.C. 1600 et seq.).
                    (JJ) The Multiple Use and 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 the waiver 
        applied to that provision of law.
            (4) Savings clause.--The waiver authority under this 
        subsection may not be construed as affecting, negating, or 
        diminishing in any manner the applicability of section 552 of 
        title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act''), in any relevant matter.
    (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 backcountry 
        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--
            (1) shall have no force or effect on State lands or private 
        lands; and
            (2) shall 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) Memoranda of Understanding.--The requirements of this section 
shall not apply to the extent that such requirements are incompatible 
with any memorandum of understanding or similar agreement entered into 
between the Commissioner of U.S. Customs and Border Protection and a 
National Park Unit before, on, or after the date of the enactment of 
this Act.
    (h) 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. 1122. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

    (a) Establishment of National Border Security Advisory Committee.--
The Secretary 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 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 1 member from each 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. 1123. 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:
    ``(h) Indemnity for Actions of Law Enforcement Officers.--
            ``(1) 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.
            ``(2) Reimbursement authorized.--Notwithstanding any other 
        provision of law, and subject to the availability of 
        appropriations, any owner of land located in the United States 
        within 150 miles of the southern border of the United States 
        may seek reimbursement from the Department and the Secretary 
        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.
            ``(3) Exceptions.--Nothing in this subsection may be 
        construed to require the Secretary to reimburse, under 
        paragraph (2), 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 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. 1124. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    Not later than January 20, 2021, the Secretary, 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. 1125. PREVENTION, DETECTION, CONTROL, AND ERADICATION OF DISEASES 
              AND PESTS.

    (a) Definitions.--In this section:
            (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 
        such 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) An 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) 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 
                under 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 of Agriculture.
    (c) Cooperation.--
            (1) In general.--In carrying 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 subsequent 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 of Agriculture, that result from cooperation with the 
Secretary of Agriculture in carrying out operations and measures under 
this section.

SEC. 1126. 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. 1127. 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 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 
                achieved by the Department of Homeland Security along 
                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 
        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 
        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) U.S. 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 5 years thereafter, the 
        Secretary, 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 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.

SEC. 1128. AMENDMENTS TO U.S. CUSTOMS AND BORDER PROTECTION.

    (a) Duties.--Section 411(c) of the Homeland Security Act of 2002 (6 
U.S.C. 211(c)) is amended--
            (1) in paragraph (18), by striking ``and'' at the end;
            (2) by redesignating paragraph (19) as paragraph (21); and
            (3) by inserting after paragraph (18) the following:
            ``(19) administer the U.S. Customs and Border Protection 
        public private partnerships under subtitle G;
            ``(20) administer preclearance operations under the 
        Preclearance Authorization Act of 2015 (19 U.S.C. 4431 et 
        seq.); and''.
    (b) Office of Field Operations Staffing.--Section 411(g)(5)(A) of 
the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)) is amended by 
striking the period at the end and inserting the following: ``compared 
to the number indicated by the current fiscal year work flow staffing 
model.''.
    (c) Implementation Plan.--Section 814(e)(1)(B) of the Preclearance 
Authorization Act of 2015 (19 U.S.C. 4433(e)(1)(B)) is amended to read 
as follows:
                    ``(B) a port of entry vacancy rate which compares 
                the number of officers identified in subparagraph (A) 
                with the number of officers at the port at which such 
                officer is currently assigned.''.

SEC. 1129. AGENT AND OFFICER TECHNOLOGY USE.

    In carrying out section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 of 
this Act) and section 1113 of this Act, the Secretary, to the greatest 
extent practicable, shall ensure that technology deployed to gain 
situational awareness and operational control of the border be provided 
to front-line officers and agents of the Department of Homeland 
Security.

SEC. 1130. INTEGRATED BORDER ENFORCEMENT TEAMS.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 1117 of this 
Act, is further amended by adding at the end the following:

``SEC. 435. INTEGRATED BORDER ENFORCEMENT TEAMS.

    ``(a) Establishment.--The Secretary shall establish within the 
Department a program, which shall be known as the Integrated Border 
Enforcement Team program (referred to in this section as the `IBET 
program').
    ``(b) Purpose.--The Secretary shall administer the IBET program in 
a manner that results in a cooperative approach between the United 
States and Canada to--
            ``(1) strengthen security between designated ports of 
        entry;
            ``(2) detect, prevent, investigate, and respond to 
        terrorism and violations of law related to border security;
            ``(3) facilitate collaboration among components and offices 
        within the Department and international partners;
            ``(4) execute coordinated activities in furtherance of 
        border security and homeland security; and
            ``(5) enhance information-sharing, including the 
        dissemination of homeland security information among such 
        components and offices.
    ``(c) Composition and Location of IBETs.--
            ``(1) Composition.--IBETs shall be led by the U.S. Border 
        Patrol and may be comprised of personnel from--
                    ``(A) other subcomponents of U.S. Customs and 
                Border Protection;
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations;
                    ``(C) the Coast Guard, for the purpose of securing 
                the maritime borders of the United States;
                    ``(D) other Department personnel, as appropriate;
                    ``(E) other Federal departments and agencies, as 
                appropriate;
                    ``(F) appropriate State law enforcement agencies;
                    ``(G) foreign law enforcement partners;
                    ``(H) local law enforcement agencies from affected 
                border cities and communities; and
                    ``(I) appropriate tribal law enforcement agencies.
            ``(2) Location.--The Secretary is authorized to establish 
        IBETs in regions in which such teams can contribute to IBET 
        missions, as appropriate. When establishing an IBET, the 
        Secretary shall consider--
                    ``(A) whether the region in which the IBET would be 
                established is significantly impacted by cross-border 
                threats;
                    ``(B) the availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in an IBET; and
                    ``(C) whether other joint cross-border initiatives 
                already take place within the region in which the IBET 
                would be established, including other Department cross-
                border programs such as the Integrated Cross-Border 
                Maritime Law Enforcement Operation Program established 
                under section 711 of the Coast Guard and Maritime 
                Transportation Act of 2012 (46 U.S.C. 70101 note) or 
                the Border Enforcement Security Task Force established 
                under section 432.
            ``(3) Duplication of efforts.--In determining whether to 
        establish a new IBET or to expand an existing IBET in a given 
        region, the Secretary shall ensure that the IBET under 
        consideration does not duplicate the efforts of other existing 
        interagency task forces or centers within such region, 
        including the Integrated Cross-Border Maritime Law Enforcement 
        Operation Program established under section 711 of the Coast 
        Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101 
        note) or the Border Enforcement Security Task Force established 
        under section 432.
    ``(d) Operation.--
            ``(1) In general.--After determining the regions in which 
        to establish IBETs, the Secretary may--
                    ``(A) direct the assignment of Federal personnel to 
                such IBETs; and
                    ``(B) take other actions to assist Federal, State, 
                local, and tribal entities to participate in such 
                IBETs, including providing financial assistance, as 
                appropriate, for operational, administrative, and 
                technological costs associated with such participation.
            ``(2) Limitation.--Coast Guard personnel assigned under 
        paragraph (1) may be assigned only for the purposes of securing 
        the maritime borders of the United States, in accordance with 
        subsection (c)(1)(C).
    ``(e) Coordination.--The Secretary shall coordinate the IBET 
program with other similar border security and antiterrorism programs 
within the Department in accordance with the strategic objectives of 
the Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in subsection (c)(1) necessary to carry out the IBET 
program.
    ``(g) Report.--Not later than 180 days after the date on which an 
IBET is established, and biannually thereafter for the following 6 
years, the Secretary shall submit a report to the appropriate 
congressional committees, including the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives, and in the case of Coast 
Guard personnel used to secure the maritime borders of the United 
States, to the Committee on Transportation and Infrastructure of the 
House of Representatives. The report required under this subsection 
shall--
            ``(1) describe the effectiveness of IBETs in fulfilling the 
        purposes specified in subsection (b);
            ``(2) assess the impact of certain challenges on the 
        sustainment of cross-border IBET operations, including 
        challenges faced by international partners;
            ``(3) address ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(4) assess how IBETs, Border Enforcement Security Task 
        Forces, and the Integrated Cross-Border Maritime Law 
        Enforcement Operation Program can better align operations, 
        including interdiction and investigation activities.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 434, as added by section 1117(b), the following:

``Sec. 435. Integrated Border Enforcement Teams.''.

SEC. 1131. TUNNEL TASK FORCES.

    The Secretary is authorized to establish Tunnel Task Forces for the 
purposes of detecting and remediating tunnels that breach the 
international borders of the United States.

                          CHAPTER 2--PERSONNEL

SEC. 1141. 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 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 and not fewer than 264 Marine and Air 
Interdiction Agents for southern border air and maritime operations.
    (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 fewer 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 fewer than 100 officers and 50 
        horses for security patrol along the Southern border.
            (2) Horse unit support.--The Commissioner of U.S. Customs 
        and Border Protection shall construct new stables, maintain and 
        improve existing stables, and provide 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 fewer 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, 
the Secretary shall hire, train, and assign to duty, in addition to the 
officers and agents authorized under subsections (a) through (g), 631 
U.S. Customs and Border Protection agricultural specialists to ports of 
entry along the southern border and the northern border.
    (i) Office of Professional Responsibility.--Not later than 
September 30, 2021, the Commissioner shall hire, train, and assign 
sufficient Office of Professional Responsibility special agents to 
maintain an active duty presence of not fewer than 550 full-time 
equivalent special agents.
    (j) 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. 1142. U.S. CUSTOMS AND BORDER PROTECTION RETENTION INCENTIVES.

    (a) Definitions.--In this section:
            (1) Covered area.--The term ``covered area'' means a 
        geographic area that the Secretary 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 similar payment 
                under other legal authority, and any locality-based 
                comparability payment under subpart F of part 531 of 
                title 5, Code of Federal Regulations, or 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.--To the extent necessary for U.S. Customs 
        and Border Protection to hire, train, and deploy qualified 
        officers and employees, and to the extent necessary to meet the 
        requirements set forth in section 1141, the Commissioner, with 
        the approval of the Secretary, 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 paragraph (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 2 
        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 executed 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, 2021; or
                    (B) the date on which U.S. Customs and Border 
                Protection has met the requirements under subsections 
                (a) and (b) of section 1141.
    (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 
        1141, the Commissioner, with the approval of the Secretary, may 
        pay a retention incentive to a covered CBP employee who has 
        been employed with U.S. Customs and Border Protection for a 
        period exceeding 2 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 (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 2 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 payable 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 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 under section 1141.
            (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 2 years after the date of the enactment of this Act.
                    (B) Extension.--If the Secretary determines that 
                the pilot program is performing satisfactorily and 
                there are metrics that prove its success in meeting the 
                requirements set forth in section 1141, the Secretary 
                may extend the pilot program until the date that is 4 
                years after the date of the enactment of this Act.
            (4) Report to congress.--Shortly after the termination of 
        the pilot program 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 1 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 agents who are 
        receiving the annual rate of pay payable for a position at GS-
        10 of the General Schedule;
            ``(3) 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 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-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-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 
        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. 1143. ANTI-BORDER CORRUPTION REAUTHORIZATION ACT.

    (a) Short Title.--This section may be cited as the ``Building 
America's Trust Act''.
    (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 3 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, during the past 10 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 3 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 3 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 5 
                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 4 years 
after the date of the enactment of the Building America's Trust Act.''.
    (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) and 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:

``SEC. 5. REPORTING.

    ``(a) Annual Report.--Not later than 1 year after the date of the 
enactment of the Building America's Trust Act, 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 a 
report to Congress that includes, with respect to each such 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:

``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 Federal Investigative Standards prescribed 
        by the Office of Personnel Management and the Office of the 
        Director of National Intelligence in December 2012.
            ``(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 shall increase to not fewer than 150 the number of trained 
full-time equivalent polygraph examiners for administering polygraphs 
under the Anti-Border Corruption Act of 2010, as amended by this 
section.

SEC. 1144. TRAINING FOR OFFICERS AND AGENTS OF U.S. CUSTOMS AND BORDER 
              PROTECTION.

    (a) In General.--Section 411(l) of the Homeland Security Act of 
2002 (6 U.S.C. 211(l)) is amended to read as follows:
    ``(l) Training and Continuing Education.--
            ``(1) Mandatory training and continuing education.--The 
        Commissioner shall ensure that every agent and officer of U.S. 
        Customs and Border Protection receives at least 21 weeks of 
        training that is directly related to the mission of the U.S. 
        Border Patrol, Air and Marine, and the Office of Field 
        Operations before the initial assignment of such agents and 
        officers.
            ``(2) FLETC.--The Commissioner shall work in consultation 
        with the Director of the Federal Law Enforcement Training 
        Centers to establish guidelines and curriculum for the training 
        of agents and officers of U.S. Customs and Border Protection 
        under subsection (a).
            ``(3) Continuing education.--The Commissioner shall require 
        all agents and officers of U.S. Customs and Border Protection 
        who are required to undergo training under subsection (a) to 
        participate in not fewer than 8 hours of continuing education 
        annually to maintain and update understanding of Federal legal 
        rulings, court decisions, and Department policies, procedures, 
        and guidelines related to relevant subject matters.
            ``(4) Leadership training.--Not later than 1 year after the 
        date of the enactment of this subsection, the Commissioner 
        shall develop and require training courses geared towards the 
        development of leadership skills for mid- and senior-level 
        career employees not later than 1 year after such employees 
        assume duties in supervisory roles.''.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner shall submit a report to the 
Committee on Finance of the Senate, the Committee on Homeland Security 
and Governmental Affairs of the Senate, the Committee on Homeland 
Security of the House of Representatives, and the Committee on Ways and 
Means of the House of Representatives that identifies the guidelines 
and curriculum established to carry out section 411(l) of the Homeland 
Security Act of 2002, as amended by subsection (a) of this section.
    (c) Assessment.--Not later than four years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that assesses the training and 
education, including continuing education, required under subsection 
(l) of section 411 of the Homeland Security Act of 2002, as amended by 
subsection (a).

SEC. 1145. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
              PERSONNEL.

    (a) Enforcement and Removal Officers.--By 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.--By 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.--By 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. 1146. OTHER IMMIGRATION AND LAW ENFORCEMENT PERSONNEL.

    (a) Department of Justice.--
            (1) United states attorneys.--By 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.--By 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 subparagraph (A).
            (3) Board of immigration appeals.--
                    (A) Board members.--By 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.--By 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 such 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 subparagraph (A).
            (4) Office of immigration litigation.--By 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 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.--By 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 on such date of enactment, 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.--By 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 on such date of enactment, 
        the Director of U.S. Immigration and Customs Enforcement shall 
        increase--
                    (A) the number of trained, full-time Forensic 
                Document Laboratory Examiners by 15;
                    (B) the number of trained, full-time Fingerprint 
                Specialists by 15;
                    (C) the number of trained, full-time Intelligence 
                Officers by 10; and
                    (D) the number of trained, full-time administrative 
                staff by 3.
            (3) Immigration attorneys.--
                    (A) Office of the principal legal advisor 
                attorneys.--By 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. The majority of such attorneys shall 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.--By 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 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.
            (4) 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.
    (c) Department of State.--
            (1) Visa specialists.--By 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 on such date of enactment, the Assistant 
        Secretary of State for Consular Affairs shall increase the 
        number of trained, full-time analysts within the Bureau of 
        Consular Affairs by not fewer than 50. Such analysts primarily 
        should handle and advise on cases and matters involving the 
        potential for visa denial on the basis of national security and 
        public safety concerns.
            (2) Immigration attorneys.--By 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 on such date of enactment, the Assistant 
        Secretary of State for Consular Affairs shall increase the 
        number of trained, full-time, active attorneys adviser within 
        the Bureau of Consular Affairs by not fewer than 25. Such 
        attorneys primarily should handle and advise on cases and 
        matters involving the potential for visa denial on the basis of 
        national security and public safety concerns.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated, for each of the fiscal years 2018 through 
        2021, $15,000,000 to carry out this section.

SEC. 1147. 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.

SEC. 1148. 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.

                           CHAPTER 3--GRANTS

SEC. 1151. 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; 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;
                            ``(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. 1152. SOUTHERN BORDER SECURITY ASSISTANCE GRANTS.

    (a) Authority.--
            (1) In general.--The Secretary, in consultation with State 
        and local law enforcement agencies, may award border security 
        assistance grants to law enforcement agencies located in the 
        Southwest border region for the purposes described in 
        subsection (b).
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to law enforcement agencies 
        located in a county that is located within 25 miles of the 
        Southern border.
    (b) Purposes.--Each grant awarded under subsection (a) shall be 
used to address drug trafficking, smuggling, and border violence--
            (1) by obtaining law enforcement equipment and tools, 
        including secure 2-way communication devices, portable laptops 
        and office computers, license plate readers, unmanned aerial 
        vehicles, unmanned aircraft systems, manned aircraft, cameras 
        with night viewing capabilities, and any other appropriate law 
        enforcement equipment;
            (2) by hiring additional personnel, including 
        administrative support personnel, dispatchers, and jailers, and 
        to provide overtime pay for such personnel;
            (3) by purchasing law enforcement vehicles;
            (4) by providing high performance aircraft and helicopters 
        for border surveillance and other critical mission applications 
        and paying for the operational and maintenance costs associated 
        with such craft;
            (5) by providing critical power generation systems, 
        infrastructure, and technological upgrades to support State and 
        local data management systems and fusion centers; or
            (6) by providing specialized training and paying for the 
        direct operating expenses associated with detecting and 
        prosecuting drug trafficking, human smuggling, and other 
        illegal activity or violence that occurs at or near the 
        Southern border.
    (c) Application.--
            (1) Requirement.--A law enforcement agency seeking a grant 
        under subsection (a), or a nonprofit organization or coalition 
        acting as an agent for 1 or more such law enforcement entities, 
        shall submit an application to the Secretary that includes the 
        information described in paragraph (2) at such time and in such 
        manner as the Secretary may require.
            (2) Content.--Each application submitted under paragraph 
        (1) shall include--
                    (A) a description of the activities to be carried 
                out with a grant awarded under subsection (a);
                    (B) if equipment will be purchased with the grant, 
                a detailed description of--
                            (i) the type and quantity of such 
                        equipment; and
                            (ii) the personnel who will be using such 
                        equipment;
                    (C) a description of the need of the law 
                enforcement agency or agencies for the grant, including 
                a description of the inability of the agency or 
                agencies to carry out the proposed activities without 
                the grant; and
                    (D) an assurance that the agency or agencies will, 
                to the extent practicable, seek, recruit, and hire 
                women and members of racial and ethnic minority groups 
                in law enforcement positions of the agency or agencies.
    (d) Review and Award.--
            (1) Review.--Not later than 90 days after receiving an 
        application submitted under subsection (c), the Secretary shall 
        review and approve or reject the application.
            (2) Award of funds.--Subject to the availability of 
        appropriations, not later than 45 days after the date an 
        application is approved under paragraph (1), the Secretary 
        shall transmit the grant funds to the applicant.
            (3) Priority.--In distributing grant funds under this 
        subsection, priority shall be given to high-intensity areas for 
        drug trafficking, smuggling, and border violence.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated, for each of the fiscal years 1019 and 2020, $300,000,000 
for grants authorized under this section.

SEC. 1153. 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:

``SEC. 2009. OPERATION STONEGARDEN.

    ``(a) Establishment.--There is established in the Department a 
program to 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 U.S. 
        Border Patrol 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 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 containing 
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(a)) 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:

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

SEC. 1154. 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. 1155. 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 2 
                fiscal years beginning after the end of the 1-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 3 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 2-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.

               CHAPTER 4--AUTHORIZATION OF APPROPRIATIONS

SEC. 1161. 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 3-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 1120; and
            (4) $200,000,000 shall be used by the United States Coast 
        Guard to implement section 1114(a)(18).
    (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.''.

   Subtitle B--Emergency Port of Entry Personnel and Infrastructure 
                                Funding

SEC. 1201. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Finance of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
                    (E) the Committee on Ways and Means of the House of 
                Representatives; and
                    (F) the Committee on the Judiciary of the House of 
                Representatives.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 1202. PORTS OF ENTRY INFRASTRUCTURE.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Secretary 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 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 before selecting a 
                location for any new port constructed pursuant to 
                paragraph (1).
                    (B) Considerations.--The purpose of the 
                consultations required under 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-volume Southern Border 
Ports of Entry.--Not later than September 30, 2021, the Secretary shall 
expand or modernize the primary and secondary inspection lanes for 
vehicle, cargo, and pedestrian inbound and outbound inspection lanes at 
ports of entry on the southern border, as determined by the Secretary, 
for the purposes of reducing wait times and enhancing security, as 
determined by the Secretary.
    (c) Port of Entry Prioritization.--Before 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) Notifications.--
            (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 shall 
        submit a report to the appropriate congressional committees and 
        the Members of Congress who represent the State or 
        congressional district in which such new port of entry will be 
        located that includes--
                    (A) information relating to the location of such 
                new port of entry;
                    (B) a description of the need for such new port of 
                entry and associated anticipated benefits;
                    (C) a description of the consultations undertaken 
                by the Secretary pursuant to subsection (a)(2);
                    (D) any actions that will be taken to minimize 
                negative impacts of such new port of entry; and
                    (E) the anticipated time line for the construction 
                and completion of such new port of entry.
            (2) Expansion and modernization of ports of entry.--Not 
        later than 180 days after the date of the enactment of this 
        Act, the Secretary shall notify the appropriate congressional 
        committees of--
                    (A) the ports of entry on the southern border 
                selected for expansion or modernization pursuant to 
                subsection (b); and
                    (B) the Secretary's plan for expanding or 
                modernizing the primary and secondary inspection lanes 
                at each such port of entry.

SEC. 1203. 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 2-way 
communication device, supported by system interoperability, 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, and at border checkpoints, has a 
multi- or dual-band encrypted portable radio.

SEC. 1204. BORDER SECURITY DEPLOYMENT PROGRAM.

    (a) Expansion.--Not later than September 30, 2021, the Secretary 
shall fully implement U.S. Customs and Border Protection's Border 
Security Deployment Program 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 for such purpose, there is 
authorized to be appropriated $33,000,000, for each of the fiscal year 
2018 through 2021, to carry out subsection (a).

SEC. 1205. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF 
              ENTRY.

    (a) Upgrade.--Not later than 1 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 
or the southern border 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 1-month pilot program on the southern border 
using license plate readers for 1 to 2 cargo lanes at the top 3 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 the 
enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that contains--
            (1) the results of the pilot program under subsection (b); 
        and
            (2) recommendations for using such technology on the 
        southern border.
    (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for such purpose, there is 
authorized to be appropriated $125,000,000 for fiscal year 2018 to 
carry out subsection (a).

SEC. 1206. BIOMETRIC TECHNOLOGY.

    (a) Biometric Storage.--
            (1) Creation or expansion of system.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall create a system (or upgrade and expand the capability and 
        capacity of an existing system, if a Department of Homeland 
        Security system already has capability and capacity for 
        storage) to allow for the storage of fingerprints, photographs, 
        iris scans, voice prints, and any other biometric data of 
        aliens that can be used by the Department of Homeland Security, 
        other Federal agencies, and State and local law enforcement 
        agencies for identity verification, authentication, background 
        checks, and document production.
            (2) Compatibility.--The Secretary shall ensure, to the 
        extent possible, that the system created or expanded under 
        paragraph (1) is compatible with existing State and local law 
        enforcement systems that are used for the collection and 
        storage of biometric data for criminal aliens.
    (b) Pilot Program.--When the system created under subsection (a) is 
operational, U.S. Immigration and Customs Enforcement and U.S. 
Citizenship and Immigration Services shall conduct a 6-month pilot 
program on the collection and use of iris scans and voice prints for 
identity verification, authentication, background checks, and document 
production.
    (c) Report.--Not later than 6 months after the conclusion of the 
pilot program under subsection (b), the Secretary shall report the 
results of the pilot program and make recommendations for using such 
technology to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (2) the Committee on the Judiciary of the Senate;
            (3) the Committee on Homeland Security of the House of 
        Representatives; and
            (4) the 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, for each of the fiscal years 2018 through 2021, 
$10,000,000 carry out this section.

SEC. 1207. NONINTRUSIVE INSPECTION OPERATIONAL DEMONSTRATION PROJECT.

    (a) In General.--
            (1) Establishment.--Not later than 6 months after the date 
        of the enactment of this Act, the Commissioner shall establish 
        a 6-month operational demonstration project to deploy a high-
        throughput nonintrusive passenger vehicle inspection system at 
        not fewer than 3 land ports of entry along the United States-
        Mexico border with significant cross-border traffic.
            (2) Location.--The demonstration project established under 
        paragraph (1)--
                    (A) shall be located within the pre-primary traffic 
                flow; and
                    (B) should be scalable to span up to 26 contiguous 
                in-bound traffic lanes without reconfiguration of 
                existing lanes.
    (b) Report.--Not later than 90 days after the conclusion of the 
operational demonstration project under subsection (a), the 
Commissioner shall submit a report to the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee on 
Finance of the Senate, the Committee on Homeland Security of the House 
of Representatives, and the Committee on Ways and Means of the House of 
Representatives that describes--
            (1) the effects of the demonstration project on legitimate 
        travel and trade;
            (2) the effects of the demonstration project on wait times, 
        including processing times, for non-pedestrian traffic; and
            (3) the effectiveness of the demonstration project in 
        combating terrorism and smuggling.

SEC. 1208. 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 inserting after 
section 418 the following:

``SEC. 419. BIOMETRIC ENTRY-EXIT.

    ``(a) Establishment.--The Secretary--
            ``(1) not later than 180 days after the date of the 
        enactment of this section, shall submit an implementation plan 
        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 for establishing 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 arrival and departure 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;
                    ``(I) a consideration of how other countries have 
                implemented a biometric exit data system; and
                    ``(J) a list of statutory, regulatory, or 
                administrative authorities needed to integrate such a 
                system into the operations of the Transportation 
                Security Administration; and
            ``(2) not later than 2 years after the date of the 
        enactment of this section, shall 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 10 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 6 months after the 
        date of the enactment of this section, the Secretary, in 
        collaboration with industry stakeholders, shall establish a 6-
        month pilot program to test the biometric exit data system 
        referred to in subsection (a)(2) on nonpedestrian outbound 
        traffic at not fewer than 3 land ports of entry with 
        significant cross-border traffic, including at not fewer than 2 
        land ports of entry on the southern land border and at least 1 
        land port of entry on the northern land border. Such pilot 
        program may include a consideration of more than 1 biometric 
        mode, and shall be implemented to determine--
                    ``(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 
                nonpedestrian traffic;
                    ``(E) the effects of such pilot program on 
                combating terrorism; and
                    ``(F) the effects of such pilot program on 
                identifying visa holders who violate the terms of their 
                visas.
            ``(2) Expansion to land ports of entry for nonpedestrian 
        outbound traffic.--
                    ``(A) In general.--Not later than 5 years after the 
                date of the enactment of this section, 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 2-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) Expansion to air and sea ports of entry.--Not later 
        than 5 years after the date of the enactment of this section, 
        the Secretary shall expand the biometric exit data system 
        referred to in subsection (a)(2) to all air and sea ports of 
        entry.
            ``(4) Expansion to land ports of entry for pedestrians.--
        Not later than 5 years after the date of the enactment of this 
        section, 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 
this section, 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 individual who is 
        departing the United States against biometric data previously 
        provided to the United States Government by such individual for 
        the purposes of international travel;
            ``(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--
                    ``(A) store biometrics of known or suspected 
                terrorists; and
                    ``(B) identify visa holders who violate 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 at the time of departure 
        for all categories of individuals who are required by the 
        Secretary to provide biometric entry data.
            ``(2) Exception for certain other individuals.--This 
        section shall not apply in the case of an individual who exits 
        and then enters the United States on a passenger vessel (as 
        such term is defined in section 2101 of title 46, United States 
        Code) the itinerary of which originates and terminates in the 
        United States.
            ``(3) Exception for land ports of entry.--This section 
        shall not apply in the case of a United States or 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, or contribute to the costs of 
collecting or administering the biometric exit data system established 
under this section, except through a mutual 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 facilities at which 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. For non-
federally owned facilities, 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 subsections (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) Fair and Open Competition.--The Secretary shall procure goods 
and services to implement this section via fair and open competition in 
accordance with the Federal Acquisition Regulations.
    ``(l) Other Biometric Initiatives.--The Secretary may pursue 
biometric initiatives at air, land, and sea ports of entry for the 
purposes of border security and trade facilitation distinct from the 
biometric exit data system described in this section.
    ``(m) Congressional Review.--Not later than 90 days after the date 
of the enactment of this section, the Secretary shall submit to reports 
and recommendations 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 regarding 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.
    ``(n) Savings Clause.--Nothing in this section may be construed to 
prohibit the collection of user fees permitted by section 13031 of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c).''.
    (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 417 the following:

``Sec. 419. Biometric entry-exit.''.

SEC. 1209. 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. 1210. AUTHORIZATION OF APPROPRIATIONS.

    In addition to any amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated $1,250,000,000 
for each of the fiscal years 2018 through 2021 to carry out this title, 
of which--
            (1) $2,000,000 shall be used by the Secretary for--
                    (A) hiring additional Uniform Management Center 
                support personnel;
                    (B) purchasing uniforms for U.S. Customs and Border 
                Protection officers and agents;
                    (C) acquiring additional motor vehicles to support 
                vehicle mounted surveillance systems;
                    (D) hiring additional motor vehicle program support 
                personnel; and
                    (E) contract support for customer service, vendor 
                management, and operations management;
            (2) $250,000,000 per year shall be used to implement the 
        biometric exit data system described in section 419 of the 
        Homeland Security Act of 2002, as added by section 1208 of this 
        Act; and
            (3) $65,000,000 shall be used by the Secretary to 
        purchase--
                    (A) new AS350, UH-60L, and UAS-Native M9 aircrafts;
                    (B) required support equipment; and
                    (C) initial spare parts for southern and northern 
                border security and maritime operations.

         Subtitle C--Domestic Security and Interior Enforcement

                       CHAPTER 1--GENERAL MATTERS

SEC. 1301. ENDING CATCH AND RELEASE FOR REPEAT IMMIGRATION VIOLATORS 
              AND CRIMINALS ALIENS.

    (a) In General.--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, if the Secretary 
                        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 at any time after 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, if the alien--
                    ``(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 inadmissible 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).
            ``(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--
                                    ``(I) a witness;
                                    ``(II) a potential witness;
                                    ``(III) a person cooperating with 
                                an investigation into major criminal 
                                activity; or
                                    ``(IV) an immediate family member 
                                or close associate of a witness, 
                                potential witness, or person 
                                cooperating with such an investigation; 
                                and
                            ``(ii) the alien demonstrates to the 
                        satisfaction of the Secretary that the alien--
                                    ``(I) is not a flight risk;
                                    ``(II) poses no danger to the 
                                safety of other persons or of property;
                                    ``(III) is not a threat to national 
                                security or public safety; and
                                    ``(IV) is likely to appear at any 
                                scheduled proceeding.
                    ``(B) Arrested, but not convicted, aliens.--
                            ``(i) Release for proceedings.--The 
                        Secretary 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 pursuant to 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.''.
    (b) 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 236 and inserting the following:

``Sec. 236. Apprehension and detention of aliens.''.

SEC. 1302. 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) In general.--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 may 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, 
                        without good cause is ineligible for all 
                        immigration benefits or relief available under 
                        the immigration laws, including relief under 
                        sections 240B, 245, 248, and 249, other than--
                                    ``(I) asylum;
                                    ``(II) relief as a victim of 
                                trafficking under section 
                                101(a)(15)(T);
                                    ``(III) relief as a victim of 
                                criminal activity under section 
                                101(a)(15)(U);
                                    ``(IV) relief as a VAWA self-
                                petitioner;
                                    ``(V) relief as a battered spouse 
                                or child under section 240A(b)(2);
                                    ``(VI) withholding of removal under 
                                section 241(b)(3); or
                                    ``(VII) protection 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, determine 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, 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.--For purposes 
                        of 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) The Secretary of State shall ensure that every application 
for a nonimmigrant visa includes an acknowledgment, executed by the 
alien under penalty of perjury, confirming that the alien--
            ``(A) has been notified of the terms and conditions of the 
        nonimmigrant visa, including the waiver of rights under 
        subsection (j); and
            ``(B) understands that he or she will be ineligible for all 
        immigration benefits and any form of relief or protection from 
        removal, including relief under sections 240B, 245, 248, and 
        249, other than a request for asylum, relief as a victim of 
        trafficking under section 101(a)(15)(T), relief as a victim of 
        criminal activity under 101(A)(15)(U), relief as a VAWA self-
        petitioner, relief as a battered spouse or child under section 
        240A(b)(2), withholding of removal under section 241(b)(3), or 
        protection 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, and from 
        contesting removal if the alien violates any term or condition 
        of his or her nonimmigrant visa or fails to depart the United 
        States at the end of the alien's authorized period of stay.''.
    (c) Bars to Immigration Relief.--Section 221 of the Immigration and 
Nationality Act, as amended by subsection (b), is further amended by 
adding at the end the following:
    ``(j) Waiver of Rights.--The Secretary of State may not issue a 
nonimmigrant visa under section 214 to an alien (other than an alien 
who qualifies for a visa under subparagraph (A) or (G) of section 
101(a)(15), is a VAWA self-petitioner, or qualifies for a visa under 
the North Atlantic Treaty, signed at Washington April 4, 1949) until 
the alien has waived any right to relief under sections 240B, 245, 248, 
and 249 (other than relief from removal under section 241(b)(3)), any 
form of relief established after the date on which the nonimmigrant 
visa is issued, and from contesting removal if the alien--
            ``(1) violates a term or condition of his or her 
        nonimmigrant status; or
            ``(2) fails to depart the United States at the end of the 
        alien's authorized period of stay.''.
    (d) 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, including 
        sections 240B, 245, 248, and 249 (other than a request for 
        asylum), relief as a victim of trafficking under section 
        101(a)(15)(T), relief as a victim of criminal activity under 
        101(A)(15)(U), relief as a VAWA self-petitioner, relief as a 
        battered spouse or child under section 240A(b)(2), withholding 
        of removal under section 241(b)(3), or protection 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 from 
        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.''.
    (e) Detention and Repatriation of Visa Waiver Violators.--Section 
217(c)(2)(E) of the Immigration and Nationality Act (8 U.S.C. 
1187(c)(2)(E)) is amended by striking the section header and inserting 
the following:
                    ``(E) Detention and repatriation of aliens.--Any 
                alien who fails to depart from the United States at the 
                end of the 90-day period for admission shall be 
                detained pending removal.''.

SEC. 1303. 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 fewer than 48,879 detention beds.

SEC. 1304. COLLECTION OF DNA FROM CRIMINAL AND DETAINED ALIENS.

    Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135a) is amended--
            (1) in subsection (a)(1), 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 such Act (8 
                U.S.C. 1225(b)(1)(B)(iii)(IV), 1226, 1226a, and 1228); 
                or
                    ``(ii) is the subject of a final order of removal 
                under section 240 of such Act (8 U.S.C. 1229a) based on 
                inadmissibility under section 212(a)(2) of such Act (8 
                U.S.C. 1182(a)(2)) or being subject to removal under 
                section 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)).''; 
                and
            (2) in subsection (b), by striking ``or the probation 
        office responsible (as applicable)'' and inserting ``the 
        probation office responsible, or the Secretary of Homeland 
        Security''.

SEC. 1305. 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 an immigration benefit or immigration status 
        with the Department of Homeland Security or seeking an 
        immigration benefit or other authorization, employment 
        authorization, identity, or travel document, or requesting 
        relief or protection under any provision of the immigration 
        laws to submit biometric information (including fingerprints, 
        photograph, signature, voice print, iris scan, 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 an immigration benefit or immigration 
        status, and perform other functions related to administering 
        and enforcing the immigration laws.
    (b) Biometric and Biographic Information Sharing.--
            (1) 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)--
                            (i) 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
                            (ii) if there is a match between such 
                        information, 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 America--
                    (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--
                            (i) identifying individuals who are known 
                        or suspected terrorists or potential threats to 
                        national security; and
                            (ii) verifying the entry and exit of 
                        individuals to and from the United States.
            (4) Rule of construction.--The collection of biometric 
        information under paragraph (1) shall not limit the authority 
        of the Secretary of Homeland Security to collect biometric 
        information from any individual arriving to or departing from 
        the United States.

SEC. 1306. PILOT PROGRAM FOR ELECTRONIC FIELD PROCESSING.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, he 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 U.S. 
        Immigration and Customs Enforcement 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 on which 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) Contract Support.--The Secretary may contract with commercial 
vendors to test prototypes for electronic handheld or vehicle-mounted 
computers capable of meeting the requirements under subsection (a).
    (c) Rule of 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.
    (d) Report.--Not later than 1 year months after the commencement of 
the pilot program described in subsection (a), the Comptroller General 
of the United States 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, the Committee on the Judiciary of the House 
of Representatives that includes--
            (1) the results of the pilot program; and
            (2) recommendations for using the technology described in 
        subsection (a) on a nationwide basis.

SEC. 1307. ENDING ABUSE OF PAROLE AUTHORITY.

    (a) In General.--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 may temporarily parole into 
        the United States any alien applying for admission to the 
        United States, under such conditions as the Secretary may 
        prescribe, including requiring the posting of a bond, and only 
        on a case-by-case basis for an urgent humanitarian reason or a 
        reason deemed strictly in the public interest.
            ``(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. When the purposes of the parole of an alien have been 
        served, as determined by the Secretary, the alien shall 
        immediately return to his or her country of citizenship, 
        nationality, or origin. If the alien was paroled from custody, 
        the alien shall be returned to the custody from which the alien 
        was paroled and the alien shall be considered for admission to 
        the United States on the same basis as other similarly situated 
        applicants for admission.
            ``(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 
                        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) Urgent humanitarian reason defined.--An urgent 
        humanitarian reason referred to in subparagraph (A) means--
                    ``(i) the alien has a medical emergency and the 
                alien cannot obtain necessary treatment in the foreign 
                state in which the alien is residing or the medical 
                emergency is life-threatening and there is insufficient 
                time for the alien to be admitted through the normal 
                visa process;
                    ``(ii) the alien is needed in the United States in 
                order to donate an organ or other tissue for transplant 
                into a close family member;
                    ``(iii) the alien has a close family member in the 
                United States whose death is imminent and the alien 
                could not arrive in the United States in time to see 
                such family member alive if the alien were to be 
                admitted through the normal visa process;
                    ``(iv) the alien is a lawful applicant for 
                adjustment of status under section 245; or
                    ``(v) the alien was lawfully granted status under 
                section 208 or lawfully admitted under section 207.
            ``(E) Public interest defined.--A reason deemed strictly in 
        the public interest occurs if the alien has assisted the United 
        States Government in a matter, such as a criminal 
        investigation, espionage, or other similar law enforcement 
        activity, and either the alien's presence in the United States 
        is required by the Government or the alien's life would be 
        threatened if the alien were not permitted to come to the 
        United States.
            ``(F) Limitation on the use of parole authority.--The 
        Secretary may not use the parole authority under this paragraph 
        to permit to come to the United States aliens who have applied 
        for and have been found to be ineligible for refugee status or 
        any alien to whom the provisions of this paragraph do not 
        apply.
            ``(G) Termination of parole.--The Secretary 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.
            ``(H) 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 of advance parole.--The Secretary 
                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 revoke a grant of advance parole to an 
                alien at any time. Such revocation shall not be subject 
                to administrative appeal or judicial review.
                    ``(iv) Temporary departure.--An alien who leaves 
                the United States temporarily pursuant to a grant of 
                advance parole makes a departure from the United States 
                pursuant to the immigration laws.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 60 
days after the date of the enactment of this Act.

SEC. 1308. REPORTS TO CONGRESS ON PAROLE.

    (a) Report on Number and Category of Aliens Paroled Into the United 
States.--Not later than 90 days after the end of each fiscal year, the 
Secretary of Homeland Security shall submit a report to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives that, with respect to the most recently 
completed fiscal year--
            (1) describes the number and categories of aliens paroled 
        into the United States under section 212(d)(5) of the 
        Immigration and Nationality Act, as amended by section 1307; 
        and
            (2) contains information and data concerning--
                    (A) the number and categories of aliens paroled;
                    (B) the duration of parole granted to aliens 
                referred to in subparagraph (A); and
                    (C) the current immigration status of the aliens 
                referred to in subparagraph (A).
    (b) Report on Parole Procedures.--Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, the 
Attorney General and the Secretary of Homeland Security shall jointly--
            (1) conduct a review regarding the effectiveness of parole 
        and custody determination procedures applicable to aliens who 
        have established a credible fear of persecution and are 
        awaiting a final determination regarding their asylum claim by 
        the immigration courts; and
            (2) submit a report to the Committee on the Judiciary of 
        the Senate and the Committee on the Judiciary of the House of 
        Representatives based on the results of such review, that 
        includes--
                    (A) an analysis of--
                            (i) the rate at which release from 
                        detention (including release on parole) is 
                        granted to aliens who have established a 
                        credible fear of persecution and are awaiting a 
                        final determination regarding their asylum 
                        claim by the immigration courts throughout the 
                        United States; and
                            (ii) any disparity that exists between 
                        locations or geographical areas, including an 
                        explanation of the reasons for this disparity 
                        and what actions are being taken to have 
                        consistent and uniform application of the 
                        standards for granting parole;
                    (B) an analysis of the effect of the procedures and 
                policies applied with respect to parole and custody 
                determinations by the Attorney General and by the 
                Secretary on the alien's pursuit of their asylum claim 
                before an immigration court;
                    (C) an analysis of the effectiveness of the 
                procedures and policies applied with respect to parole 
                and custody determinations by the Attorney General and 
                by the Secretary in securing the alien's presence at 
                the immigration court proceedings;
                    (D) recommendations with respect to whether the 
                existing parole and custody determination procedures 
                applicable to aliens who have established a credible 
                fear of persecution and are awaiting a final 
                determination regarding their asylum claim by the 
                immigration courts--
                            (i) respect the interests of the aliens; 
                        and
                            (ii) ensure the presence of the aliens at 
                        the immigration court proceedings; and
                    (E) an assessment on corresponding failure to 
                appear rates, in absentia orders, and absconders.

SEC. 1309. 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 
        or a political subdivision of a State that has executed an 
        agreement with the Department of Homeland Security under 
        section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
        1357(g)), or an officer, employee, or agent of such State or 
        political subdivision that complies with a detainer issued by 
        the Department under section 236, 241, or 287 of the 
        Immigration and Nationality Act (8 U.S.C. 1226, 1231, and 
        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 or a political subdivision of State that has 
        executed an agreement with the Department of Homeland Security 
        under section 287(g) of the Immigration and Nationality Act (8 
        U.S.C. 1357(g)), or an officer, employee, or agent of such 
        State or political subdivision acting pursuant to such 
        agreement, which challenges the legality of the seizure or 
        detention of an individual pursuant to a detainer issued by the 
        Department under section 236, 241, or 287 of the Immigration 
        and Nationality Act (8 U.S.C. 1226, 1231, and 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 executed an agreement with the Department of 
        Homeland Security under section 287(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1357(g)) and 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 and 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. 1310. REINSTATEMENT OF THE SECURE COMMUNITIES PROGRAM.

    (a) Reinstatement.--The Secretary shall reinstate and operate the 
Secure Communities 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.

 CHAPTER 2--PROTECTION AND DUE PROCESS FOR UNACCOMPANIED ALIEN CHILDREN

SEC. 1320. SHORT TITLE.

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

SEC. 1321. 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 amending the paragraph heading to read as 
                follows: ``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) or subsection (b), as 
                appropriate''; and
                    (C) in subparagraph (C)--
                            (i) by amending the subparagraph heading to 
                        read as follows: ``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, 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. 1225a) if, the 
        Secretary determines or has reason to believe the alien--
                    ``(A) has been convicted of 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, sale, offering for 
                        sale, exchange, use, ownership, 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 such 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 section 101(a)(53) 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 
                inaccurately classified as an unaccompanied alien 
                child; or
                    ``(I) has entered the United States more than once 
                in violation of section 275(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1325(a)), knowing that the 
                entry was unlawful.''; and
            (4) in paragraph (4), as redesignated by paragraph (2) of 
        this subsection--
                    (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''; and
            (5) in paragraph (6)(D), as redesignated by paragraph (2)--
                    (A) by amending the subparagraph heading to read as 
                follows: ``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 under paragraph (2)(A) and 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 amending clause (i) to read as follows:
                            ``(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).'';
                    (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. 1322. 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 
                asylum 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 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 section 235(a)(3) of 
                the William Wilberforce Trafficking Victims Protection 
                Reauthorization Act of 2008 (8 U.S.C. 1232(a)(3)), and 
                if so, order the alien removed under subsection (e)(2).
            ``(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) by video conference; or
                    ``(D) by 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 before 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.--Notwithstanding section 235(b), 
                at the conclusion of a proceeding under this section, 
                the immigration judge shall determine whether an 
                unaccompanied alien child is likely--
                            ``(i) to be admissible to the United 
                        States; or
                            ``(ii) to be 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 order the alien to be placed in further proceedings in 
        accordance with section 240.
            ``(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, a fear of persecution, or a 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 or torture defined.--In 
        this subsection, the term `credible fear of persecution or 
        torture' 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--
                    ``(A) asylum under section 208; or
                    ``(B) protection from removal based on Article 3 of 
                the Convention Against Torture and Other Cruel, 
                Inhuman, or Degrading Treatment or Punishment, done at 
                New York, December 10, 1984.
            ``(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 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)) during further consideration of the 
        application for asylum.
            ``(4) Removal without further review if no credible fear of 
        persecution.--
                    ``(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, the asylum officer 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 shall 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 or torture.
                            ``(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, 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 penal 
        ties 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 such term 
                        appears; and
                            (ii) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                inserting ``or 235b'' after ``section 
                                235(b)(1)''; 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, by inserting ``or 
                235B'' after ``Section 235(b)(1)'';
                    (B) by inserting ``or section 235B'' after 
                ``section 235(b)(1)'' each place such 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. 1323. 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 before 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 the 
                enforcement of the immigration laws.''.

SEC. 1324. 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 1323, is further amended by adding 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 an 
        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. 1325. CUSTODY OF UNACCOMPANIED ALIEN CHILDREN IN FORMAL REMOVAL 
              PROCEEDING.

    (a) In General.--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 the date of the 
                        enactment of the Protecting Children and 
                        America's Homeland Act of 2017 and section 
                        236.3 of title 8, Code of Federal Regulations, 
                        or a 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 unaccompanied 
                                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, a 
                                danger to the community, or at 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 under subclauses 
                        (II), (III), and (IV) of clause (i).
                            ``(iii) Monitoring.--
                                    ``(I) In general.--If an 
                                unaccompanied alien child who is 15, 
                                16, or 17 years of age is placed with a 
                                nongovernmental sponsor or, if an 
                                unaccompanied alien child who is 
                                younger than 15 years of age is placed 
                                with a nongovernmental sponsor, 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 ankle monitor while 
                                        the unaccompanied alien child 
                                        is in removal proceedings.
                                    ``(II) Penalty for monitor 
                                tampering.--If an electronic ankle 
                                monitor required by subclause (I) is 
                                tampered with, the sponsor of the 
                                unaccompanied 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 of the offense, 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 under 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)(3) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is 
amended--
            (1) by 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 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 or is 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 6 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 6 months, for up to 2 years from 
                        the date of placement with a nongovernmental 
                        sponsor, the 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 3 months, 
                        for up to 2 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 morning 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) Detention of Accompanied Minors.--
            (1) In general.--Section 235 of the William Wilberforce 
        Trafficking Victims Protection Reauthorization Act of 2008 (8 
        U.S.C. 1232) is amended--
                    (A) by redesignating subsections (d) and (e) as 
                subsections (e) and (f) respectively; and
                    (B) by inserting after subsection (c) the 
                following:
    ``(d) Detention of Accompanied Minors.--
            ``(1) In general.--Notwithstanding any other provision of 
        law--
                    ``(A) judicial determination, consent decree, or 
                settlement agreement, the detention of any alien minor 
                who is not described in section 462(g)(2) of the 
                Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) 
                shall be governed by sections 217, 235, 236, and 241 of 
                the Immigration and Nationality Act (8 U.S.C. 1187, 
                1225, 1226, and 1231); and
                    ``(B) the decision whether to detain or release the 
                alien minor shall be in the sole and unreviewable 
                discretion of the Secretary of Homeland Security.
            ``(2) Limitations on release.--The release of an alien 
        minor who is not described in section 462(g)(2) of the Homeland 
        Security Act of 2002 (6 U.S.C. 279(g)(2)) may not be presumed 
        and an alien minor not described in such section may not be 
        released by the Secretary to anyone other than a parent or 
        legal guardian.
            ``(3) Conditions of confinement.--The conditions of 
        confinement applicable to alien minors who are not described in 
        section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
        279(g)(2)) shall be determined in the sole and unreviewable 
        discretion of the Secretary of Homeland Security, and specific 
        licensing requirements may not be imposed other than 
        requirements determined appropriate by the Secretary.''.
            (2) Effective date.--The amendments made by subparagraph 
        (1)shall take effect on the date of enactment of this Act and 
        shall apply regardless of the date on which the actions giving 
        rise to removability or detention took place.

SEC. 1326. 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))) by--
            ``(1) making any materially false, fictitious, or 
        fraudulent statement or representation; or
            ``(2) 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) Clerical 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:

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

SEC. 1327. 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) Before 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 before 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 before 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, submit a plan to Congress for 
        implementing the requirements under paragraphs (1) and (2).''.

SEC. 1328. 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 
        1322; 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) and the Secretary shall ensure that sufficient 
immigration attorneys are dedicated to such purpose to comply with the 
requirement under section 235B(b)(1) of the Immigration and Nationality 
Act, as added by section 1322.
    (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. 1329. 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 publicly 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) includes a copy of any repatriation agreement for 
        unaccompanied alien children in effect;
            (2) describes any such repatriation agreement that is being 
        considered or negotiated; and
            (3) 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 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 1322, 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.

     Subtitle D--Penalties for Smuggling, Drug Trafficking, Human 
    Trafficking, Terrorism, and Illegal Entry and Reentry; Bars to 
                     Readmission of Removed Aliens

SEC. 1401. 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)--
                    (A) in subparagraph (A), by amending clause (ii) to 
                read as follows:
                            ``(ii) knowing, or in reckless disregard of 
                        the fact, that an alien has come to, entered 
                        into, or remains in the United States in 
                        violation of law--
                                    ``(I) transports, moves, or 
                                attempts to transport or move such 
                                alien within the United States by means 
                                of transportation or otherwise, in 
                                furtherance of such violation of law; 
                                or
                                    ``(II) transports or moves the 
                                alien with the purpose of facilitating 
                                the illegal entry of the alien into 
                                Canada or Mexico.''; and
                    (B) in subparagraph (B)--
                            (i) by redesignating clauses (iii) and (iv) 
                        as clauses (vi) and (vii), respectively;
                            (ii) in clause (vi), as redesignated, by 
                        inserting ``for not less than 10 years and'' 
                        before ``not more than 20 years,''; and
                            (iii) by inserting after clause (ii) the 
                        following:
                            ``(iii) in the case of a violation of 
                        clause (i), (ii), (iii), (iv), or (v) of 
                        subparagraph (A) 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 clause 
                        (i), (ii), (iii), (iv), or (v) of subparagraph 
                        (A) 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 clause 
                        (i), (ii), (iii), (iv), or (v) of subparagraph 
                        (A) 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 1 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 real or personal property 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.''.

SEC. 1402. 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 more than once 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 permanently 
disqualify an individual from operating a commercial motor if the 
individual 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 permanently, 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. 1403. 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. 1404. 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 may 
                        consider other evidence related to the 
                        conviction, including 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 the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is 
        amended by 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 or the 
                        Attorney General may consider other evidence 
                        related to the conviction, including charging 
                        documents, plea agreements, plea colloquies, 
                        jury instructions, and 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 of the crime, the use or 
                        attempted use of physical force or the 
                        threatened use of physical force or a deadly 
                        weapon, the Secretary or the Attorney General 
                        may consider other evidence related to the 
                        conviction, including charging documents, plea 
                        agreements, plea colloquies, jury instructions, 
                        and 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 of the crime, 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. 1405. 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 
        shall be ineligible for all immigration benefits or relief 
        available under the immigration laws, including relief under 
        section 240B, 245, 248, and 249, other than asylum, relief as a 
        victim of trafficking under section 101(a)(15)(T), relief as a 
        victim of criminal activity under section 101(a)(15)(U), relief 
        as a VAWA self-petitioner, relief as a battered spouse or child 
        under section 240A(b)(2), withholding of removal under section 
        241(b)(3), or protection 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--
                    ``(A) enters, 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.
            ``(2) Criminal offenses.--An alien shall be subject to the 
        penalties under paragraph (3) if the alien--
                    ``(A) enters, 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.--Any person who 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 place 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.--Section 275(a)(4) of the 
        Immigration and Nationality Act, as amended by subsection (a), 
        shall apply only to violations of section 275(a)(2) of such Act 
        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. 1406. 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 has been denied admission, excluded, deported, or removed 
        or has departed the United States while an order of exclusion, 
        deportation, or removal is outstanding shall be ineligible for 
        all immigration benefits or relief available under the 
        immigration laws, including relief under section 240B, 245, 
        248, and 249, other than asylum, relief as a victim of 
        trafficking under section 101(a)(15)(T), relief as a victim of 
        criminal activity under section 101(a)(15)(U), relief as a VAWA 
        self-petitioner, relief as a battered spouse or child under 
        section 240A(b)(2), withholding of removal under section 
        241(b)(3), or protection 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, after such denial, exclusion, deportation, 
        removal, or departure, the alien 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) if the alien is seeking admission more than 
                10 years after the date of the alien's last departure 
                from the United States, the Secretary, before the 
                alien's reembarkation at a place outside of the United 
                States or the alien's application for admission from a 
                foreign contiguous territory, 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 other Act.
            ``(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) if the alien is seeking admission 
                        more than 10 years after the date of the 
                        alien's last departure from the United States, 
                        the Secretary, before the alien's reembarkation 
                        at a place outside the United States or the 
                        alien's application for admission from a 
                        foreign contiguous territory, 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 other Act,
            ``shall be fined under title 18, United States Code, 
        imprisoned not more than 5 years, or both.
    ``(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
            ``(1) Reentry after removal.--Notwithstanding the penalties 
        under subsection (a)(2), and except as provided in subsection 
        (c)--
                    ``(A) an alien described in subsection (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 thereafter, without the permission of the 
                Secretary, enters the United States, or attempts to 
                enter the United States, 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) an alien described in subsection (a) who was 
                removed from the United States pursuant to section 
                237(a)(4)(B) and thereafter, without the permission of 
                the Secretary, enters, attempts to enter, or is at any 
                time found in, the United States (unless the Secretary 
                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) an alien described in subsection (a) 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 penalties under subsection (a)(2), and 
        except as provided in subsection (h)--
                    ``(A) an alien described in subsection (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) an alien described in subsection (a) 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) an alien described in subsection (a) 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 shall be fined under title 18, United States 
                Code, imprisoned not more than 10 years, or both;
                    ``(D) an alien described in subsection (a) 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 shall be fined under such title, imprisoned not 
                more than 15 years, or both;
                    ``(E) an alien described in subsection (a) 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 shall be fined under such title, imprisoned not 
                more than 20 years, or both;
                    ``(F) an alien described in subsection (a) who was 
                convicted of 3 or more felonies of any kind shall be 
                fined under such title, imprisoned not more than 25 
                years, or both; and
                    ``(G) an alien described in subsection (a) 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 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) 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, if the alien--
            ``(1) was convicted, before the alien was subject to 
        removal or departure, of an aggravated felony; or
            ``(2) was convicted at least twice before such removal or 
        departure of illegal reentry under this section.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b)(2) are elements of the crimes described in that 
subsection, 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)(A) proven beyond a reasonable doubt at trial; or
            ``(B) admitted by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) before the alleged violation, the alien sought and 
        received the express consent of the Secretary 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 this Act or any other 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 Before the Completion of the 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--
            ``(1) shall be incarcerated for the remainder of the 
        sentence of imprisonment that was pending at the time of 
        deportation without any reduction for parole or supervised 
        release unless the alien affirmatively demonstrates that the 
        Secretary has expressly consented to the alien's reentry (if a 
        request for consent to reapply is authorized under this 
        section); and
            ``(2) 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.--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 crime that--
                    ``(A) 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) 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) involved the unlawful possession of a firearm 
                (as such term is defined in section 921 of title 18, 
                United States Code);
                    ``(D) is a crime of violence (as defined in section 
                16 of title 18, United States Code); or
                    ``(E) 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 subsection 
(b), shall take effect on the date of the enactment of this Act and 
shall apply to any alien who, on or after such 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) if the alien is seeking admission more than 10 
                years after the date of the alien's last departure from 
                the United States, the Secretary of Homeland Security, 
                before the alien's reembarkation at a place outside the 
                United States or the alien's application for admission 
                from a foreign contiguous territory, 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 the Immigration and Nationality Act (8 U.S.C. 
                1101 et seq.) or any other Act.

SEC. 1407. 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. 1408. 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. 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. 1409. 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 to read as follows:
                    ``(K) an issuer, redeemer, or cashier of travelers' 
                checks, checks, money orders, prepaid access devices, 
                digital currencies, or any digital exchanger or tumbler 
                of digital currency;''.
                    (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) GAO report.--Not later than 18 months after the date of 
        the enactment of this Act, the Comptroller General of the 
        United States shall submit a report to Congress that 
        describes--
                    (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) Customs and Border Protection Strategy for Prepaid Access 
Devices.--Not later than 18 months after the date of the enactment of 
this Act, the Secretary of Homeland Security, in consultation with the 
Commissioner of U.S. Customs and Border Protection, shall submit a 
report to Congress that--
            (1) details a strategy to interdict and detect prepaid 
        access devices, digital currencies, or other similar 
        instruments, at border crossings and other ports of entry for 
        the United States; and
            (2) includes an assessment of the infrastructure needed to 
        carry out the strategy detailed pursuant to paragraph (1).
    (c) 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. 1410. 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 the person knew that 
the activity constituted a felony'' before the semicolon at the end.

       Subtitle E--Protecting National Security and Public Safety

                       CHAPTER 1--GENERAL MATTERS

SEC. 1501. DEFINITIONS OF ENGAGE IN TERRORIST ACTIVITY AND TERRORIST 
              ORGANIZATION.

    (a) Definition of Engage in Terrorist Activity.--Section 
212(a)(3)(B)(iv)(I) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(iv)(I)) is amended 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, to incite another 
                                person to commit a terrorist 
                                activity;''.
    (b) Definition of Terrorist Organization.--Section 
212(a)(3)(B)(vi)(III) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(vi)(III)) is amended to read as follows:
                                    ``(III) that is a group of 2 or 
                                more individuals, whether organized or 
                                not, which engages in, or has a 
                                subgroup that engages in, the 
                                activities described in subclauses (I) 
                                through (VI) of clause (iv), if the 
                                group or subgroup presents a threat to 
                                the national security of the United 
                                States.''.

SEC. 1502. 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 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 within the 
                previous 5 years--
                            ``(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'';
            (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) is the spouse or child of an 
                                alien who is inadmissible under this 
                                subparagraph if--
                                            ``(aa) the activity causing 
                                        the alien to be found 
                                        inadmissible occurred within 
                                        the last 5 years; and
                                            ``(bb)(AA) the spouse or 
                                        child knew, or should 
                                        reasonably have known, of the 
                                        activity causing the alien to 
                                        be found inadmissible under 
                                        this section; and
                                            ``(BB) the consular officer 
                                        or Attorney General does not 
                                        have reasonable grounds to 
                                        believe that the spouse or 
                                        child 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) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), is amended by 
adding at the end the following:
                            ``(vii) 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. 1503. 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) in the section heading, by adding at the end 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, 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 that term appears and 
                inserting ``Secretary'';
                    (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 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, 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.'';
            (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) In general.--The Secretary--
                    ``(A) notwithstanding section 240, shall--
                            ``(i) determine the inadmissibility of 
                        every 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 a consequence of being 
                        described in 1 of such subclauses; and
                            ``(ii) issue an order of removal pursuant 
                        to the procedures set forth in this subsection 
                        to every alien determined to be inadmissible or 
                        deportable on a ground described in clause (i); 
                        and
                    ``(B) may--
                            ``(i) determine the inadmissibility of any 
                        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
                            ``(ii) issue an order of removal pursuant 
                        to the procedures set forth in this subsection 
                        to every alien determined to be inadmissible or 
                        deportable on a ground described in clause (i).
            ``(2) Limitation.--The Secretary may not execute any order 
        described in paragraph (1) until 30 days after the date on 
        which such order was issued, unless waived by the alien, to 
        give the alien an opportunity to petition for judicial review 
        under section 242.
            ``(3) Proceedings.--The Secretary shall prescribe 
        regulations to govern proceedings under this subsection, which 
        shall require that--
                    ``(A) the alien is given reasonable notice of the 
                charges and of the opportunity described in 
                subparagraph (C);
                    ``(B) the alien has 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) Limitation on relief from removal.--No alien 
        described in this subsection shall be eligible for any relief 
        from removal that the Secretary 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 and 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 of 
enactment.

SEC. 1504. 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 
1123, is further amended by inserting after subsection (h) the 
following:
    ``(i) Criminal Alien Enforcement Partnerships.--
            ``(1) In general.--The Secretary may enter into a written 
        agreement with a State, or with any political subdivision of a 
        State, to authorize the temporary placement of 1 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--
                    ``(A) to determine the immigration status of any 
                individual arrested by a State, county, or local 
                police, enforcement, or peace officer for any criminal 
                offense;
                    ``(B) to issue charging documents and notices 
                related to the initiation of removal proceedings or 
                reinstatement of prior removal orders under section 
                241(a)(5);
                    ``(C) to enter information directly into the 
                National Crime Information Center (NCIC) database, 
                Immigration Violator File, including--
                            ``(i) the alien's address;
                            ``(ii) the reason for the 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 the alien has a 
                        driver's license;
                            ``(v) any other identification document 
                        held by the alien and issuing entity for such 
                        identification documents; and
                            ``(vi) any identifying marks, such as 
                        tattoos, birthmarks, and scars;
                    ``(D) to collect the alien's biometrics, including 
                iris, fingerprint, photographs, and signature, of the 
                alien and to enter such information into the Automated 
                Biometric Identification System (IDENT) and any other 
                Department of Homeland Security database authorized for 
                storage of biometric information for aliens; and
                    ``(E) to 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 and the State or political subdivision of the State 
        to ensure continuity of cooperation and coverage.
            ``(3) Technology usage.--The Secretary shall provide U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement 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 the 
        enactment of the Strong Visa Integrity Secures America Act, the 
        Secretary shall submit a report to the Committee on the 
        Judiciary of the Senate, the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on the 
        Judiciary of the House of Representatives, and the Committee on 
        Homeland Security of the House of Representatives that 
        identifies--
                    ``(A) the number of States that have entered into 
                an agreement under this subsection;
                    ``(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.--Section 241(a)(1)(A) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1231(a)(1)(A)) is amended by striking ``Attorney 
                General'' and inserting ``Secretary''.
                    (B) Beginning of period.--Section 241(a)(1)(B) of 
                such 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 on which the stay 
                                of removal ends.
                                    ``(II) If the alien is ordered 
                                removed, the date pursuant to an 
                                administratively final removal order 
                                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 on which 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 on 
                                which the alien is returned to the 
                                custody of the Secretary.''.
                    (C) Suspension of period.--Section 241(a)(1)(C) of 
                such 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 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.--Section 241(a)(2) 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''; 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, in the Secretary's 
                sole and unreviewable exercise of discretion, and 
                notwithstanding any provision of law, including section 
                2241 of title 28, United States Code, may detain the 
                alien during the pendency of such stay of removal.''.
            (3) Suspension after 90-day period.--Section 241(a)(3) 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'';
                    (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.--Section 241(a)(4) 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''; and
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``Attorney General'' and inserting 
                        ``Secretary'';
                                    (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) In general.--Section 241(a)(5) 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 determines 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 
                on which 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 subparagraph (A) shall 
                not require proceedings under section 240 or other 
                proceedings before an immigration judge.''.
                    (B) Judicial review.--Section 242 of such 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 before 
                March 1, 2003), regardless of the date of the original 
                order.
            (6) Inadmissible or criminal aliens.--Section 241(a)(6) of 
        the Immigration and Nationality Act (8 U.S.C. 1231(a)(6)) is 
        amended--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary''; 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.--Section 
        241(a) 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'';
                    (B) by redesignating paragraph (7) as paragraph 
                (14); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) Parole.--Except for aliens subject to detention under 
        paragraph (6) and aliens subject to detention under section 
        236(c), 236A, or 238, if an alien who is detained is an 
        applicant for admission, the Secretary, 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.--If an 
                        alien has made all reasonable efforts to comply 
                        with a removal order and to cooperate fully 
                        with the efforts of the Secretary 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.--The 
        Secretary, 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))--
                    ``(A) 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;
                    ``(B) 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 (including classified, sensitive, 
                        or other 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--
                                    ``(I) 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 
                                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
                                    ``(II) 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 one aggravated felony (as 
                        defined in section 101(a)(43)); and
                    ``(C) 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 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 paragraph (9)(B).
                    ``(B) Delegation.--Notwithstanding section 103, the 
                Secretary may not delegate the authority to make or 
                renew a certification described in clause (ii), (iii), 
                or (iv) of subparagraph (9)(B) to an official below the 
                level of the Director of U.S. Immigration and Customs 
                Enforcement.
            ``(11) Release on conditions.--If the Secretary determines 
        that an alien should be released from detention, the Secretary, 
        in the exercise of discretion, may impose conditions on release 
        as provided in paragraph (3).
            ``(12) Redetention.--The Secretary, 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), or if, 
        upon reconsideration, the Secretary determines that the alien 
        can be detained under subparagraph (9). 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 
        entered the United States, but has not been lawfully admitted 
        nor physically present in the United States continuously for 
        the 2-year period immediately preceding the commencement of 
        removal proceedings under this Act against the alien, the 
        Secretary, 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 adding at the end the 
                following: ``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.''; 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 1 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. 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. 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. 1505. GAO STUDY ON DEATHS IN CUSTODY.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress on the deaths in custody of detainees held by the Department 
of Homeland Security, which shall include, with respect to any such 
deaths--
            (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 practices and procedures were 
        properly followed and obeyed;
            (3) whether such practices and procedures are sufficient to 
        protect the health and safety of such detainees; and
            (4) whether reports of such deaths were made to the Deaths 
        in Custody Reporting Program.

SEC. 1506. GAO STUDY ON MIGRANT DEATHS.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit, to the 
Committee on the Judiciary of the Senate, the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee on the 
Judiciary of the House of Representatives, and the Committee on 
Homeland Security of the House of Representatives, a report that 
describes--
            (1) the total number of migrant deaths along the southern 
        border during the previous 7 years;
            (2) the total number of unidentified deceased migrants 
        found along the southern border in the previous 7 years;
            (3) the level of cooperation between U.S. Customs and 
        Border Protection, State and local law enforcement agencies, 
        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, State and local law 
        enforcement agencies, 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. 1507. 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 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.--No person shall be prosecuted, tried, or 
punished for violation of any provision of section 1001, 1015, 1425, 
1546, 1621, or 3291, or for attempt or conspiracy to violate any 
provision of such sections, if the fraudulent conduct, 
misrepresentation, concealment, or fraudulent, fictitious, or false 
statement 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, unless the indictment is found 
        or the information is instituted within 20 years after the 
        commission of the offense.
    ``(b) Definitions.--In this section--
            ``(1) the term `extrajudicial killing under color of 
        foreign law' means conduct described 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 violation 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 violation of religious 
        freedom' means conduct described in section (22 U.S.C. 
        6402(13));
            ``(7) the term `persecution' means conduct that is a bar to 
        relief under 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 
        paragraphs (1) and (2) of section 2340;
            ``(9) the term `use or recruitment of child soldiers' means 
        conduct described in subsections (a) and (d) of section 2442; 
        and
            ``(10) the term `war crimes' means conduct described in 
        subsections (c) and (d) of section 2441.''.
    (b) Clerical Amendment.--The table of sections for 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.''.
    (c) Effective Date.--The amendments 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. 1508. 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) 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) not more than 5 years has elapsed since the 
                later of the date of conviction or the date of the 
                release of the person from imprisonment, for the 
                offense described in subparagraph (A).
            ``(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;
                    ``(C) an offense listed in section 2332b(g)(5)(B) 
                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.
            ``(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, or chapter 75 or 77, 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. 1509. 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 may be 
construed or applied 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) Clerical Amendment.--The table of sections for 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. 1510. 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.--Section 212(a)(3)(E) 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) in clause (iii)(II)--
                    (A) by striking ``of any foreign nation'' and 
                inserting ``(including acts taken as part of an armed 
                group exercising de facto authority)''; and
            (3) by adding after clause (iii) the following:
                            ``(iv) Persecutors, war criminals, and 
                        participants in crimes against humanity.--Any 
                        alien, including an alien who is a superior 
                        commander, 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, 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 
                                        such title (relating to 
                                        kidnapping);
                                            ``(cc) section 1203(a) of 
                                        such title 18 (relating to 
                                        hostage taking), 
                                        notwithstanding any exception 
                                        under subsection (b) of such 
                                        section 1203;
                                            ``(dd) section 1581(a) of 
                                        such title (relating to 
                                        peonage);
                                            ``(ee) section 1583(a)(1) 
                                        of such title (relating to 
                                        kidnapping or carrying away 
                                        individuals for involuntary 
                                        servitude or slavery);
                                            ``(ff) section 1584(a) of 
                                        such title (relating to sale 
                                        into involuntary servitude);
                                            ``(gg) section 1589(a) of 
                                        such title (relating to forced 
                                        labor);
                                            ``(hh) section 1590(a) of 
                                        such title (relating to 
                                        trafficking with respect to 
                                        peonage, slavery, involuntary 
                                        servitude, or forced labor);
                                            ``(ii) section 1591(a) of 
                                        such title (relating to sex 
                                        trafficking of children or by 
                                        force, fraud, or coercion);
                                            ``(jj) section 2241(a) of 
                                        such title (relating to 
                                        aggravated sexual abuse by 
                                        force or threat); or
                                            ``(kk) section 2242 of such 
                                        title (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 such title;
                                    ``(IV) that would constitute 
                                performing biological experiments, as 
                                described in section 2441(d)(1)(C) of 
                                such title;
                                    ``(V) that would constitute 
                                mutilation or maiming, as described in 
                                section 2441(d)(1)(E) of such title; or
                                    ``(VI) that would constitute 
                                intentionally causing serious bodily 
                                injury, as described in section 
                                2441(d)(1)(F) of such title.
                            ``(vi) Superior commander.--In this 
                        subparagraph--
                                    ``(I) the term `superior commander' 
                                means--
                                            ``(aa) a military commander 
                                        or a person with effective 
                                        control of military forces or 
                                        an armed group;
                                            ``(bb) 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
                                            ``(cc) who fails to take 
                                        the necessary and reasonable 
                                        measures to prevent such acts 
                                        or, for acts that have been 
                                        committed, to punish the 
                                        perpetrators of such acts;
                                    ``(II) the term `systematic' means 
                                the commission of a series of acts 
                                following a regular pattern and 
                                occurring in an organized, non-random 
                                manner; and
                                    ``(III) the term `widespread' means 
                                a single, large scale act or a series 
                                of acts directed against a substantial 
                                number of victims.''.
    (b) Barring Waiver of Inadmissibility for Persecutors.--Section 
212(d)(3)(A) 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.--Section 237(a)(4)(D) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(D)) is amended--
            (1) in the subparagraph heading, by striking ``Nazi'' ; and
            (2) by striking ``or (iii)'' and inserting ``(iii), or 
        (iv)''.
    (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 subparagraph heading, by striking ``Foreign 
        government officials'' and inserting ``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 (8), by striking ``or'' at the end;
            (2) 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
            (3) 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; or''.
    (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, United States Code, is amended--
            (1) in subsection (a), by striking ``shall be fined under 
        this title or imprisoned not more than 5 years, or both'' and 
        inserting ``has engaged in a violent crime against children 
        under section 3559(f)(3), shall be imprisoned for life or for 
        10 years or longer''; and
            (2) in subsection (d), by striking ``shall be fined under 
        this title or imprisoned not more than 5 years, or both.'' and 
        inserting ``shall be imprisoned for life or for 10 years or 
        longer.''.
    (h) Material Support in the Recruitment or Use of Child Soldiers.--
            (1) Inadmissibility.--Section 212(a)(3)(G) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(G)) is 
        amended--
                    (A) by striking ``section 2442'' and inserting 
                ``section 2442(a)''; and
                    (B) by inserting ``or has provided material support 
                in the recruitment or use of child soldiers in 
                violation of section 2339A of such title 18,'' after 
                ``Code,''.
            (2) Deportability.--Section 237(a)(4)(F) of the Immigration 
        and Nationality Act (8 U.S.C. 1227(a)(4)(F)) is amended by 
        inserting ``or has provided material support in the recruitment 
        or use of child soldiers in violation of section 2339A of title 
        18,''after ``Code,''.
    (i) Technical Amendments.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
            (1) in section 101(a)(42) (8 U.S.C. 1101(a)(42)), by 
        inserting ``committed,'' before ``ordered'';
            (2) in section 208(b)(2)(A)(i) (8 U.S.C. 1158(b)(2)(A)(i)), 
        by inserting ``committed,'' before ``ordered''; and
            (3) in section 241(b)(3)(B)(i) (8 U.S.C. 1231(b)(3)(B)(i)), 
        by inserting ``committed,'' before ``ordered''.
    (j) 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. 1511. 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 any ongoing group, club, 
organization, or association, inside or outside the United States, of 2 
or more persons that--
            ``(i) has, as 1 of its primary purposes, the commission of 
        1 or more of the criminal offenses described in 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, in consultation with the Attorney General, as 
        meeting the criteria set forth in clause (i).
    ``(B) The offenses described in 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 Strong Visa Integrity Secures America Act, 
are the following:
            ``(i) Any aggravated felony.
            ``(ii) A felony drug offense (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(iii) Any criminal offense described in section 212 or 
        237.
            ``(iv) 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).
            ``(v) 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).
            ``(vi) Any offense under Federal, State, or Tribal law, 
        that has, as an element of the offense, the use or attempted 
        use of physical force or the threatened use of physical force 
        or a deadly weapon.
            ``(vii) Any offense that has, as an element of the offense, 
        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.
            ``(viii) An offense involving obstruction of justice, 
        tampering with or retaliating against a witness, victim, or 
        informant.
            ``(ix) 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).
            ``(x) 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 Strong Visa 
Integrity Secures America Act.''.
    (b) Inadmissibility.--Section 212(a)(2) 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.--
                            ``(i) In general.--Any alien who a consular 
                        officer, the Secretary, or the Attorney General 
                        knows or has reasonable ground to believe--
                                    ``(I) to be or to have been a 
                                member of a criminal gang; or
                                    ``(II) to have participated in the 
                                activities of a criminal gang, knowing 
                                or having reason to know that such 
                                activities will promote, further, aid, 
                                or support the illegal activity of the 
                                criminal gang,
                        is inadmissible.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to an alien--
                                    ``(I) who did not know, or should 
                                not reasonably have known, of the 
                                activity causing the alien to be found 
                                inadmissible under this section; or
                                    ``(II) whom the consular officer or 
                                the Attorney General has reasonable 
                                grounds to believe has renounced the 
                                activity causing the alien to be found 
                                inadmissible under this section..''.
    (c) Deportability.--Section 237(a)(2) 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.--
                            ``(i) In general.--Any alien who the 
                        Secretary or the Attorney General knows or has 
                        reason to believe--
                                    ``(I) is or has been a member of a 
                                criminal gang; or
                                    ``(II) has participated in the 
                                activities of a criminal gang, knowing 
                                or having reason to know that such 
                                activities will promote, further, aid, 
                                or support the illegal activity of the 
                                criminal gang,
                        is deportable.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to an alien--
                                    ``(I) who did not know, or should 
                                not reasonably have known, of the 
                                activity causing the alien to be found 
                                deportable under this section; or
                                    ``(II) whom the consular or 
                                Attorney General has reasonable grounds 
                                to believe has renounced the activity 
                                causing the alien to be found 
                                deportable under this section..''.
    (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, 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, 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 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 on the number of aliens 
detained who are described in section 212(a)(2)(J) and section 
237(a)(2)(G) 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.--Section 241(b)(3)(B) 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.--Section 208(b)(2)(A) 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);
                    (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''; and
                    (D) by amending clause (vii), as redesignated, to 
                read as follows:
                            ``(vii) the alien was firmly resettled in 
                        another country before arriving in the United 
                        States, which shall be considered evidence that 
                        the alien can live in such country (in any 
                        legal status) without fear of persecution.''.
    (g) Cancellation of Removal.--Section 240A(c) of the Immigration 
and Nationality Act (8 U.S.C. 1229b(c)) is amended by adding at the end 
the following:
            ``(7) An alien who is described in section 212(a)(2)(J)(i) 
        or section 237(a)(2)(G)(i)( relating to participation in 
        criminal gangs).''.
    (h) Voluntary Departure.--Section 240B(c) of the Immigration and 
Nationality Act (8 U.S.C. 1229c(c)) is amended to read as follows:
    ``(c) Limitation on Voluntary Departure.--The Attorney General 
shall not permit an alien to depart voluntarily under this section if 
the alien--
            ``(1) was previously permitted to depart voluntarily after 
        having been found inadmissible under section 212(a)(6)(A); or
            ``(2) is described in section 212(a)(2)(J)(i) or 
        237(a)(2)(G)(i)(relating to participation in criminal 
        gangs).''.
    (i) 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. 1512. 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 
                illicit 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 
                illicit drugs), without regard to whether the 
                conviction is classified as a misdemeanor or felony 
                under State law. For purposes of this paragraph, the 
                Secretary 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 
                illicit 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 illicit 
                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 shall apply to any conviction entered on or after 
        such date.
    (b) Inadmissibility for Driving While Intoxicated or Under the 
Influence.--
            (1) In general.--Section 212(a)(2) of the Immigration and 
        Nationality Act, as amended by section 1511, is further amended 
        by adding at the end the following:
                    ``(K) Driving while intoxicated and unlawfully 
                present in the united states.--An alien who is 
                convicted of driving while intoxicated, driving under 
                the influence, or a similar violation of State law is 
                inadmissible.''.
            (2) Effective date and application.--The amendment made by 
        paragraph (1) shall take effect on the date of the enactment of 
        this Act and shall apply to any conviction entered on or after 
        such date.
    (c) Deportation for Driving While Intoxicated or Under the 
Influence.--
            (1) In general.--Section 237(a)(2) of the Immigration and 
        Nationality Act, as amended by section 1511, is further amended 
        by adding at the end the following:
                    ``(H) Driving while intoxicated and while 
                unlawfully present in the united states.--An alien who 
                is convicted of driving while intoxicated, driving 
                under the influence, or a similar violation of State 
                law is deportable.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        take effect on the date of the enactment of this Act and shall 
        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, as amended by section 1510, 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.--
            (1) In general.--Section 212(h) of the Immigration and 
        Nationality Act (8 U.S.C. 1182(h)) is amended--
                    (A) by inserting ``or the Secretary'' after ``the 
                Attorney General'' each place such term appears; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``and (E)'' and inserting ``(E), and (K)''.
            (2) Effective date; 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.

SEC. 1513. 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 1512, 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, 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 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.--Except as 
                                provided in subsection (v), 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.--Except as 
                                provided in subsection (v), 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.'';
            (2) in subsection (h)--
                    (A) in the matter preceding paragraph (1), as 
                amended by this Act, by striking ``, and (K)'', and 
                inserting ``(K), and (M)'';
                    (B) in the undesignated 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 redesignating subsection (t), as added by section 
        1(b)(2)(B) of Public Law 108-449, as subsection (u); and
            (4) by adding at the end the following:
    ``(v) Waiver for Victims of Domestic Violence.--
            ``(1) In general.--The Secretary or the Attorney General is 
        not limited by the criminal court record and may waive the 
        application of subsection (a)(2)(Q)(i) (with respect to crimes 
        of domestic violence and crimes of stalking) and subsection 
        (a)(2)(Q)(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 for a waiver under this subsection, the Secretary 
        or the 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 or the 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 
                        unlawful procurement of citizenship or 
                        naturalization),''.
    (c) Deportability; Criminal Offenses.--Section 237(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)), as amended by 
sections 1511 and 1512, 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) Rule of Construction.--The amendments made by this section may 
not be construed to create eligibility for relief from removal under 
section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)), as in effect on the day before the date of the enactment of 
this Act, if such eligibility did not exist before such date of 
enactment.

SEC. 1514. 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(7) of the Adam Walsh Child Protection 
and Safety Act of 2006 (42 U.S.C. 16911(7)) unless the Secretary, 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 to 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(7) of the Adam Walsh 
Child Protection and Safety Act of 2006 (42 U.S.C. 16911(7)) unless the 
Secretary, 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 the Immigration and 
Nationality 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; Application.--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. 1515. 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--
            ``(1) shall 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) shall 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) shall 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) shall 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 (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 may be construed to 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 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).''.
    (b) Clerical Amendment.--The table of sections for chapter 35 of 
title 18, United States Code, is amended by striking the item relating 
to section 758 and inserting the following:

``758. Unlawful flight from immigration or customs controls.''.
    (c) Rule of Construction.--The amendments made by subsection (a) 
may not be construed to create eligibility for relief from removal 
under section 212(c) of the Immigration and Nationality Act (8 U.S.C. 
1182(c)), as in effect on the day before the date of the enactment of 
this Act, if such eligibility did not exist before such date of 
enactment.

SEC. 1516. PROHIBITION ON ASYLUM AND CANCELLATION OF REMOVAL FOR 
              TERRORISTS.

    (a) Asylum.--Section 208(b)(2)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)), as amended by section 1511 
and 1512, is further amended--
            (1) by inserting ``or the Secretary'' after ``if the 
        Attorney General''; and
            (2) by amending clause (v) to read as follows:
                            ``(v) the alien is described in 
                        subparagraph (B)(i) or (F) of section 
                        212(a)(3), unless, in the case of an alien 
                        described in section 212(a)(3)(B)(i)(IX), 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; or''.
    (b) Cancellation of Removal.--Section 240A(c)(4) 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.--Section 241(b)(3)(A) 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 1 central 
                        reason for such threat.''.
            (2) Exception.--Section 241(b)(3)(B) of such Act (8 U.S.C. 
        1231(b)(3)(B)) is amended--
                    (A) by inserting ``or the Secretary'' 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 a semicolon;
                    (D) inserting after clause (iv) the following:
                            ``(v) the alien is described in 
                        subparagraph (B)(i) or (F) of section 
                        212(a)(3)(B), unless, in the case of an alien 
                        described in section 212(a)(3)(B)(i)(IX), 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; or
                            ``(vi) the alien is convicted of an 
                        aggravated felony.''; and
                    (E) by striking the undesignated matter at the end.
            (3) Sustaining burden of proof; credibility 
        determinations.--Section 241(b)(3)(C) of such 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; application.--The amendments made by 
        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; Applications.--Except as provided in 
subsection (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 amended by this section, 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), 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. 1517. AGGRAVATED FELONIES.

    (a) Definition of Aggravated Felony.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by 
section 1512, 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 in which the alien 
        abused or was involved in the abuse of any individual younger 
        than 18 years of age, or in which the victim was, at the time 
        the offense was committed, younger than 18 years of age, 
        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 1 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 the 
        Secretary may consider other evidence related to the 
        conviction, including police reports and witness statements, 
        that clearly establishes that the conduct leading to the 
        alien's conviction 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 amending subparagraph (G) to read as follows:
                    ``(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 1 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 may consider other evidence related to the 
                conviction, including 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)--
                    (A) by striking ``paragraph (1)(A) or (2) of''; and
                    (B) by adding a semicolon at the end;
            (6) by amending subparagraph (O) to read as follows:
                    ``(O) an offense described in 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 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 and 
        inserting the following:
``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; Application.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
apply to any act that occurred before, on, or after such date of 
enactment.

SEC. 1518. CONVICTIONS.

    (a) Grounds of Inadmissibility.--Section 212(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), as amended by 
sections 1511 through 1513, is further amended by adding at the end the 
following:
                    ``(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 if any of the 
                        conduct encompassed by the statute constitutes 
                        an offense that is a ground of inadmissibility.
                            ``(ii) Other evidence.--If the conviction 
                        records, such as charging documents, plea 
                        agreements, plea colloquies, and jury 
                        instructions, do not conclusively establish 
                        whether a crime constitutes a ground of 
                        inadmissibility, the Attorney General, the 
                        Secretary of State, or the Secretary may 
                        consider other evidence related to the 
                        conviction, including police reports and 
                        witness statements, that clearly establishes 
                        that the conduct leading to the alien's 
                        conviction constitutes a ground of 
                        inadmissibility.''.
    (b) Grounds of Deportability.--Section 237(a)(2) of the Immigration 
and Nationality Act (8 U.S.C. 1227(a)(2)), as amended by sections 1511 
through 1513, is further amended by adding at the end the following:
                    ``(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 if any of the 
                        conduct encompassed by the statute constitutes 
                        an offense that is a ground of deportability.
                            ``(ii) Other evidence.--If the conviction 
                        records, such as charging documents, plea 
                        agreements, plea colloquies, and jury 
                        instructions, do not conclusively establish 
                        whether a crime constitutes a ground of 
                        deportability, the Attorney General or the 
                        Secretary may consider other evidence related 
                        to the conviction, including police reports and 
                        witness statements, that clearly establishes 
                        that the conduct leading to the alien's 
                        conviction constitutes a ground of 
                        deportability.''.

SEC. 1519. FAILURE TO OBEY REMOVAL ORDERS.

    (a) In General.--Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by inserting ``212(a) or'' before 
                ``237(a),''; and
                    (B) by striking paragraph (3);
            (2) by striking subsection (b); and
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.
    (b) Effective Date.--The amendments made by subsection (a)(1) shall 
take effect on the date of the 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 such date of enactment.

SEC. 1520. 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 (c), as redesignated by section 
1519(a)(3), and inserting the following:
    ``(c) 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 the enactment of the Strong Visa 
        Integrity Secures America 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 most recent reporting period.
            ``(2) Exemption.--The Secretary, in the Secretary's sole 
        and unreviewable discretion, and in consultation with the 
        Secretary of State, may exempt a country from inclusion on the 
        list under paragraph (1) if there are significant foreign 
        policy or security concerns that warrant such an exemption.
    ``(d) Discontinuing Granting of Visas to Nationals of Countries 
Denying or Delaying Accepting Alien.--
            ``(1) In general.--Notwithstanding section 221(c), the 
        Secretary 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 who is a national of a foreign 
                country 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 the foreign country 
                referred to in subparagraph (A) is--
                            ``(i) denying or unreasonably delaying 
                        accepting aliens who are citizens, subjects, 
                        nationals, or residents of that country after 
                        the Secretary 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 the foreign country referred to in 
                paragraph (1) to discontinue granting visas under 
                section 101(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).
                    ``(B) Denial of admission to any citizens, 
                subjects, nationals, and residents from the foreign 
                country referred to in paragraph (1), the imposition of 
                any limitations, conditions, or additional fees on the 
                issuance of visas or travel from that country, or the 
                imposition of any other sanctions against that country 
                that are 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 notifies 
        the Secretary of State that the country has accepted the 
        aliens.''.

SEC. 1521. 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 and not more 
        than 20 years.''; and
            (2) in subsection (b), by striking ``not more than 10 
        years.'' and inserting ``not less than 3 years and not more 
        than 10 years.''.

SEC. 1522. 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 and 
        inserting ``Shall be fined under this title or imprisoned for 
        not less than 12 years and 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 and 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 and not 
        more than 10 years (for 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 and not more than 15 years (for any other 
        offense), or both.''

SEC. 1523. EXPANSION OF CRIMINAL ALIEN REPATRIATION PROGRAMS.

    (a) Expansion of 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 compared to 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 (referred to in this 
subsection as ``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.

          CHAPTER 2--STRONG VISA INTEGRITY SECURES AMERICA ACT

SEC. 1531. SHORT TITLE.

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

SEC. 1532. VISA SECURITY.

    (a) Visa Security Units at High Risk Posts.--Section 428(e)(1) of 
the Homeland Security Act of 2002 (6 U.S.C. 236(e)(1)) 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:
                    ``(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 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 the country referred to in subclause 
                                (I) 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 the country referred to in 
                                subclause (I).
                                    ``(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 the country 
                                referred to in subclause (I).
                                    ``(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.--Section 428(e)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 236(e)(2)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Screen any such applications against the 
                appropriate criminal, national security, and terrorism 
                databases maintained by the Federal Government.''.
    (c) Training and Hiring.--Section 428(e)(6)(A) of the Homeland 
Security Act of 2002 (6 U.S.C. 236(e)(6)(A)) is amended--
            (1) by 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) by striking ``shall be provided the necessary 
        training''.
    (d) Pre-adjudicated Visa Security Assistance and Visa Security 
Advisory Opinion Unit.--Section 428(e) of the Homeland Security Act of 
2002 (6 U.S.C. 236(e)) is amended by adding at the end the following:
            ``(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 (10) of section 428(e) of the Homeland Security Act 
of 2002, as amended and added by this section, shall be implemented not 
later than 3 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. 1533. 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:

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

    ``(a) In General.--Not later than 1 year after the date of the 
enactment of the Strong Visa Integrity Secures America 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.--Subsection (a)(1) 
        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.--Subsection (a)(2) shall 
        apply, at a minimum, to individuals who are nationals of a 
        program country pursuant to section 217 of such 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 submit an annual report, 
        through fiscal year 2021, to the Committee on Homeland Security 
        and Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives that 
        describes the utilization of facial recognition technology and 
        other biometric technology pursuant to subsection (a)(2).
            ``(2) Report contents.--Each report submitted pursuant to 
        paragraph (1) 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 time frames 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:

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

SEC. 1534. 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 annually 
thereafter, the Secretary of Homeland Security 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 provides, 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 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. 1535. 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. 1536. 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.), as amended by section 1117, is 
further amended by adding at the end the following:

``SEC. 435. SOCIAL MEDIA SCREENING.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of the Strong Visa Integrity Secures America Act, the 
Secretary 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 under 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. 436. 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, as amended by this Act, is further 
amended by inserting after the item relating to section 433 the 
following:

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

              CHAPTER 3--VISA CANCELLATION AND REVOCATION

SEC. 1541. CANCELLATION OF ADDITIONAL VISAS.

    (a) In General.--Section 222(g) 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,''; 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. 1542. 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 matter preceding paragraph (1), by striking 
        ``issuance or refusal'' and inserting ``issuance, refusal, or 
        revocation''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``and on the basis of reciprocity'';
                    (B) in subparagraph (A)--
                            (i) by striking ``for the purpose of 
                        preventing'' and inserting the following: ``for 
                        the purpose of--
                            ``(i) preventing''; and
                            (ii) by adding at the end the following:
                            ``(ii) determining a person's deportability 
                        or eligibility for a visa, admission, or other 
                        immigration benefit;'';
                    (C) in subparagraph (B)--
                            (i) by striking ``for the purposes'' and 
                        inserting ``for 1 of the purposes''; and
                            (ii) by striking ``or to deny visas to 
                        persons who would be inadmissible to the United 
                        States.'' and inserting ``; or''; and
                    (D) 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 or in the 
                national interest to provide such information to a 
                foreign government.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 60 days after the date of the enactment 
of the Act.

SEC. 1543. 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)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking ``and'' at the 
                end and inserting ``or''; and
                    (C) by adding at the end the following:
                    ``(D) by the Secretary of State, if the Secretary, 
                in his or her sole and unreviewable discretion, 
                determines that an interview is unnecessary because the 
                alien is ineligible for a visa; and''.
            (2) in paragraph (2)--
                    (A) in subparagraph (E)(iv), by striking ``or'' at 
                the end;
                    (B) in subparagraph (F)(iii), by striking the 
                period at the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(G) is an individual within a class of aliens 
                that the Secretary, in his or her sole and unreviewable 
                discretion, has determined may pose a threat to 
                national security or public safety.''.

SEC. 1544. JUDICIAL REVIEW OF VISA REVOCATION.

    Section 221(i) 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.''.

                      CHAPTER 4--SECURE VISAS ACT

SEC. 1551. SHORT TITLE.

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

SEC. 1552. AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY AND THE 
              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)) and 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--
                    ``(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, or his or her 
                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 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 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 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 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 by inserting ``and the power authorized 
under section 428(c) of the Homeland Security Act of 2002 (6 U.S.C. 
236)'' after ``United States,''.

       CHAPTER 5--VISA FRAUD AND SECURITY IMPROVEMENT ACT OF 2017

SEC. 1561. SHORT TITLE.

    This chapter may be cited as the ``Visa Fraud and Security 
Improvement Act of 2017''.

SEC. 1562. EXPANDED USAGE OF FRAUD PREVENTION AND DETECTION FEES.

    Section 286(v)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1356(v)(2)(A)) is amended--
            (1) in the matter preceding clause (i), by striking ``at 
        United States embassies and consulates abroad'';
            (2) by amending clause (i) to read as follows:
                            ``(i) to increase the number of diplomatic 
                        security personnel assigned exclusively or 
                        primarily to the function of preventing and 
                        detecting visa fraud;''; and
            (3) in clause (ii), by striking ``, including primarily 
        fraud by applicants for visas described in subparagraph (H)(i), 
        (H)(ii), or (L) of section 101(a)(15)''.

SEC. 1563. VISA INFORMATION SHARING.

    Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 
1202(f)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``issuance or refusal'' and inserting ``issuance, refusal, or 
        revocation'';
            (2) in paragraph (1), by striking the period at the end and 
        inserting ``; and''; and
            (3) by amending paragraph (2) to read as follows:
            ``(2) the Secretary of State, in the Secretary's 
        discretion, may provide to a foreign government information in 
        a Department of State computerized visa database and, when 
        necessary and appropriate, other records described in this 
        section related to information in such database--
                    ``(A) on the basis of reciprocity, with regard to 
                individual aliens, at any time on a case-by-case basis 
                for the purpose of--
                            ``(i) preventing, investigating, or 
                        punishing acts that would constitute a crime in 
                        the United States, including, but not limited 
                        to, terrorism or trafficking in controlled 
                        substances, persons, or illicit weapons; or
                            ``(ii) determining a person's removability 
                        or eligibility for a visa, admission, or other 
                        immigration benefit;
                    ``(B) on the basis of reciprocity, with regard to 
                any or all aliens in such database, pursuant to such 
                conditions as the Secretary of State shall establish in 
                an agreement with the foreign government in which that 
                government agrees to use such information and records 
                for 1 of the purposes described in subparagraph (A); or
                    ``(C) with regard to any or all aliens in such 
                database, if the Secretary of State determines that it 
                is in the national interest to provide such information 
                to a foreign government.''.

SEC. 1564. INADMISSIBILITY OF SPOUSES AND CHILDREN OF TRAFFICKERS.

    Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended--
            (1) in subparagraph (C)(ii), by inserting ``, or has 
        been,'' after ``is''; and
            (2) in subparagraph (H)(ii), by inserting ``, or has 
        been,'' after ``is''.

SEC. 1565. DNA TESTING.

    Section 222(b) of the Immigration and Nationality Act (8 U.S.C. 
1202(b)) is amended by inserting after the second sentence the 
following: ``Where considered necessary by the consular officer or 
immigration official, to establish the bona fides of a family 
relationship, the immigrant shall provide DNA evidence of such 
relationship in accordance with procedures established by the 
Secretary, in consultation with the Secretary of State. The Secretary 
and the Secretary of State may issue regulations to require the 
submission of DNA evidence to establish family relationship, from 
applicants for certain visa classifications.''.

SEC. 1566. ACCESS TO NCIC CRIMINAL HISTORY DATABASE FOR DIPLOMATIC 
              VISAS.

    Subsection (a) of article V of section 217 of the National Crime 
Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316(V)(a)) is 
amended by inserting ``, except for diplomatic visa applications for 
which only full biographical information is required'' before the 
period at the end.

SEC. 1567. ELIMINATION OF SIGNED PHOTOGRAPH REQUIREMENT FOR VISA 
              APPLICATIONS.

    Section 221(b) of the Immigration and Nationality Act (8 U.S.C. 
1201(b)) is amended by striking the first sentence and insert the 
following: ``Each alien who applies for a visa shall be registered in 
connection with his or her application and shall furnish copies of his 
or her photograph for such use as may be required by regulation.''.

                        CHAPTER 6--OTHER MATTERS

SEC. 1571. 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 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, the Secretary and the Attorney General may not 
        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 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--
                    ``(A) all background and security checks required 
                by statute or regulation or deemed necessary by the 
                Secretary or the Attorney General, in his or her sole 
                and unreviewable discretion, for the alien have been 
                completed; and
                    ``(B) the Secretary or the Attorney General has 
                determined that the results of such checks 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 order the approval of, grant, mandate or require 
        any action in a certain time period, or award any relief for 
        the Secretary'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--
                    ``(A) all background and security checks for the 
                alien have been completed; and
                    ``(B) the Secretary or the 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, the Attorney General, 
the Secretary of State, the Secretary of Labor, or a consular officer 
on or after such date of enactment.

SEC. 1572. WITHHOLDING OF ADJUDICATION.

    (a) In General.--Section 103 of Immigration and Nationality Act (8 
U.S.C. 1103), as amended by sections 1112 and 1571, 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 in any other law, including section 1361 
        and 1651 of title 28, United States Code, may be construed to 
        require, and no court can order, the Secretary, 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 the issuance of an 
        arrest warrant or indictment), if 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, 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 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, no 
        court shall have jurisdiction to review a decision to withhold 
        adjudication pursuant to this subsection.
            ``(4) Withholding of removal and torture convention.--This 
        subsection 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 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 or filed 
with the Secretary of Homeland Security on or after such date of 
enactment.

SEC. 1573. 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) 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 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 shall receive, upon request, 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. 1574. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

    (a) Limitation on Class Actions.--
            (1) In general.--Except as provided in paragraph (2), no 
        court may certify a class under Rule 23 of the Federal Rules of 
        Civil Procedure in any civil action that--
                    (A) is filed after the date of the enactment of 
                this Act; and
                    (B) pertains to the administration or enforcement 
                of the immigration laws.
            (2) Exception.--A court may certify a class upon a motion 
        by the Government if the Government is requesting such a 
        certification to ensure efficiency in case management or 
        uniformity in application of precedent decisions or 
        interpretations of laws when there is a nationwide class.
    (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 before the expiration 
                of such 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)--
                            (i) shall be treated as an order refusing 
                        to vacate, modify, dissolve, or otherwise 
                        terminate an injunction; and
                            (ii) shall be 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 of the 
        United States, the court may not enter, approve, or continue a 
        consent decree that does not comply with the requirements under 
        subsection (b)(1).
            (2) Private settlement agreements.--Nothing in this 
        subsection may be construed to 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. 1575. 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), in the matter preceding clause 
        (i), 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 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 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.
                            ``(iii) Subsequent applications for 
                        immigration benefits.--The Secretary may use 
                        the information furnished under this section to 
                        adjudicate subsequent applications, petitions, 
                        or requests for immigration benefits filed by 
                        the alien
                            ``(iv) Alien consent.--The Secretary may 
                        use the information furnished under this 
                        section for any purpose when the alien consents 
                        to its disclosure or use by the Secretary.
                            ``(v) Other circumstances.--The Secretary 
                        may use the information furnished under this 
                        section for other purposes and in other 
                        circumstances in which disclosure of the 
                        information is not related to removal of the 
                        alien from the United States.''; and
            (5) in subparagraph (D), as redesignated, striking 
        ``Service'' and inserting ``Department of Homeland Security''.
    (b) Adjustment of Status.--Section 245A(c)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary'';
            (2) in subparagraph (A), in the matter preceding clause 
        (i), 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 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 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. 1576. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
              NATURALIZATION, AND PEONAGE OFFENSES.

    Section 3291 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3291. Nationality, citizenship and passports
    ``No person shall be prosecuted, tried, or punished for a violation 
of any section of chapter 69 (relating to nationality and citizenship 
offenses) or 75 (relating to passport, visa, and immigration offenses), 
for a violation of any criminal provision of sections 243, 274, 275, 
276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 
1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to 
violate any such section, unless the indictment is returned or the 
information is filed within 10 years after the commission of the 
offense.''.

SEC. 1577. 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 through 1547 (relating to passports and 
visas)''.

SEC. 1578. 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.), as amended by 
        section 1126(a), is further amended by adding at the end the 
        following:

``SEC. 296. 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 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 295, as added by 
        section 1126(a)(2), the following:

``Sec. 296. 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, if an 
individual's handwritten 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.''.

 Subtitle F--Prohibition on Terrorists Obtaining Lawful Status in the 
                             United States

   CHAPTER 1--PROHIBITION ON ADJUSTMENT TO LAWFUL PERMANENT RESIDENT 
                                 STATUS

SEC. 1601. 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'' and inserting a 
        semicolon;
            (2) in clause (vi), by striking the period at the end and 
        inserting ``; or'' and
            (3) by adding at the end the following:
            ``(vii) is described in section 212(a)(3) or 237(a)(4).''.

SEC. 1602. DATE OF ADMISSION FOR PURPOSES OF ADJUSTMENT OF STATUS.

    (a) Applicants for Admission.--Section 101(a)(13) of the 
Immigration and Nationality Act, as amended by section 1601, is further 
amended by adding at the end the following:
    ``(D) Notwithstanding subparagraph (A), adjustment of status of an 
alien to that of an alien lawfully admitted for permanent residence 
under section 245 or under any other provision of law is an admission 
of the alien.''.
    (b) Eligibility to Be Removed for a Crime Involving Moral 
Turpitude.--Section 237(a)(2)(A)(i)(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. 1603. PRECLUDING ASYLEE AND REFUGEE ADJUSTMENT OF STATUS FOR 
              CERTAIN GROUNDS OF INADMISSIBILITY AND DEPORTABILITY.

    (a) Grounds of Inadmissibility.--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 subparagraph (C) or (G) 
of paragraph (2) or subparagraph (A), (B), (C), (E), (F), or (G) of 
paragraph (3))''.
    (b) Grounds of Deportability.--Section 209 of the Immigration and 
Nationality Act, as amended by subsection (a), is further amended by 
adding at the end the following:
    ``(d) An alien's status may not be adjusted under this section if 
the alien is deportable under any provision of section 237 (except 
subsections (a)(5) of such section).''.
    (c) 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. 1604. 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 the following:
                    ``(F) Additional application to certain aliens 
                outside the united states who are associated with human 
                rights violations.--Subparagraphs (A) through (E) shall 
                apply to any alien placed in proceedings under this 
                section who--
                            ``(i) is outside of the United States;
                            ``(ii) has received notice of proceedings 
                        under section 240(a) (either within or outside 
                        of the United States); and
                            ``(iii) 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. 1605. REMOVAL OF CONDITION ON LAWFUL PERMANENT RESIDENT STATUS 
              PRIOR TO NATURALIZATION.

    Chapter 2 of title II of the Immigration and Nationality Act (8 
U.S.C. 1181 et seq.) is amended--
            (1) in section 216(e) (8 U.S.C. 1186a(e)), by inserting ``, 
        if the alien has had the conditional basis removed pursuant to 
        this section'' before the period at the end; and
            (2) in section 216A(e) (8 U.S.C. 1186b(e)), by inserting 
        ``, if the alien has had the conditional basis removed pursuant 
        to this section'' before the period at the end.

SEC. 1606. 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.--
            (1) In general.--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 or the Attorney General, in the 
        discretion of the Secretary or the Attorney General, and under 
        such regulations as the Secretary or the 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 other provision in this 
        section, if the Secretary determines that an alien may be a 
        threat to national security or public safety or if the 
        Secretary determines that a favorable exercise of discretion to 
        allow an alien to seek to adjust his or her status in the 
        United States rather than to obtain an immigrant visa outside 
        of the United States is not warranted, the Secretary, in the 
        Secretary's sole and unreviewable discretion, may--
                    ``(A) prohibit the 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.''.
            (2) 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 245 and inserting the 
        following:

``Sec. 245. Adjustment of status to that of a person admitted for 
                            permanent residence.''.
    (b) Prohibition on Terrorists and Aliens Who Pose a Threat to 
National Security or Public Safety on Adjustment to Lawful Permanent 
Resident Status.--Section 245(c) 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.--Except for an 
alien having an approved petition for classification as a VAWA self-
petitioner, subsection (a) shall not apply to--
            ``(1) an alien crewman;
            ``(2) subject to subsection (k), any alien (other than an 
        immediate relative defined in section 201(b) or a special 
        immigrant described in subparagraph (H), (I), (J), or (K) of 
        section 101(a)(27)) who--
                    ``(A) continues in or accepts unauthorized 
                employment before filing an application for adjustment 
                of status;
                    ``(B) is in unlawful immigration status on the date 
                he or she files an application for adjustment of 
                status; or
                    ``(C) 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 under 
        section 101(a)(15)(S);
            ``(6) an alien described in subparagraph (B), (F), or (G) 
        of section 237(a)(4);
            ``(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 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--
                    ``(A) was employed while the alien was an 
                unauthorized alien (as defined in section 274A(h)(3)); 
                or
                    ``(B) has otherwise violated the terms of a 
                nonimmigrant visa.''.

SEC. 1607. 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 1606, is further amended by adding at the end the 
following:
    ``(n) An application for adjustment of status may not be considered 
or approved by the Secretary or the Attorney General, and no court may 
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 revocation of the individual's 
naturalization under section 340.''.

SEC. 1608. 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)--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) by striking ``within five years'' and inserting 
                ``within 10 years'';
                    (C) by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary''; and
                    (D) by 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 after subsection (a) the following:
    ``(b) Nothing in subsection (a) may be construed to require the 
Secretary to rescind the alien's status before the commencement of 
removal proceedings under section 240. The Secretary may commence 
removal proceedings at any time against any alien who is removable, 
including aliens whose status was adjusted to that of an alien lawfully 
admitted for permanent residence under section 245 or 249 or under any 
other provision of law. There is no statute of limitations with respect 
to the 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. 1609. 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:

``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF 
              CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO 
              JANUARY 1, 1972.

    ``(a) In General.--The Secretary, 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 on 
which the Secretary approves the application for such status under this 
section.''.

 CHAPTER 2--PROHIBITION ON NATURALIZATION AND UNITED STATES CITIZENSHIP

SEC. 1621. BARRING TERRORISTS FROM BECOMING NATURALIZED UNITED STATES 
              CITIZENS.

    (a) In General.--Section 316 of the Immigration and Nationality Act 
(8 U.S.C. 1427) is amended by adding at the end the following:
    ``(g)(1)(A) Except as provided in subparagraph (B), no person may 
be naturalized if the Secretary makes a determination, in the 
discretion of the Secretary, that the alien is described in section 
212(a)(3) or 237(a)(4) at any time, including any period before or 
after the filing of an application for naturalization.
    ``(B) Subparagraph (A) shall not apply to an alien described in 
section 212(a)(3) if--
            ``(i) the alien received an exemption under section 
        212(d)(3)(B)(i); and
            ``(ii) the only conduct or actions by the alien that are 
        described in section 212(a)(3) (and would bar the alien from 
        naturalization under this paragraph) are specifically covered 
        by the exemption referred to in clause (i).
    ``(2) A determination under paragraph (1) may be based upon any 
relevant information or evidence, including classified, sensitive, or 
national security information.''.
    (b) Applicability to Citizenship Through Naturalization of Parent 
or Spouse.--Section 340(d) of the Immigration and Nationality Act (8 
U.S.C. 1451(e)) is amended--
            (1) by striking the first sentence and inserting the 
        following:
    ``(1) A person who claims United States citizenship through the 
naturalization of a parent or spouse shall be deemed to have lost his 
or her citizenship, and any right or privilege of citizenship which he 
or she may have acquired, or may hereafter acquire by virtue of the 
naturalization of such parent or spouse, if the order granting 
citizenship to such parent or spouse is revoked and set aside under the 
provisions of--
            ``(A) subsection (a) on the ground that the order and 
        certificate of naturalization were procured by concealment of a 
        material fact or by willful misrepresentation; or
            ``(B) subsection (e) pursuant to a conviction under section 
        1425 of title 18, United States Code.''.
            (2) by striking ``Any person'' and inserting the following:
    ``(2) Any person''.

SEC. 1622. TERRORIST BAR TO GOOD MORAL CHARACTER.

    (a) Definition of Good Moral Character.--Section 101(f) of the 
Immigration and Nationality Act (8 U.S.C. 1101(f)), as amended by 
sections 1510(e) and 1512, is further amended--
            (1) in paragraph (8), by inserting ``, regardless of 
        whether the crime was classified as an aggravated felony at the 
        time of conviction'' before the semicolon at the end;
            (2) by inserting after paragraph (10), as added by section 
        1510(e)(3), the following:
            ``(11) one who the Secretary or the Attorney General 
        determines, in the unreviewable discretion of the Secretary or 
        the Attorney General, to have been 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
            (3) in the undesignated matter at the end, by striking the 
        first sentence and inserting following:
``The fact that a 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 moral character. The Secretary 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. The Secretary or the Attorney General, in the 
unreviewable discretion of the Secretary or the Attorney General, may 
determine that paragraph (8) shall not apply to 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 years or longer before the date on which the 
person filed an application under this Act.''.
    (b) Aggravated Felons.--Section 509(b) 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 and inserting ``convictions 
occurring before, on, or after such date.''.
    (c) Effective Dates; Application.--
            (1) Subsections (a).--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act, 
        shall apply to any act that occurred before, on, or after such 
        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 such date of enactment.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall take effect as if included in the enactment of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458).

SEC. 1623. 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 to read as follows:

``SEC. 318. PREREQUISITE TO NATURALIZATION; BURDEN OF PROOF.

    ``(a) In General.--Except as otherwise provided in this chapter, no 
person may be naturalized unless he or she has been lawfully admitted 
to the United States for permanent residence in accordance with all 
applicable provisions of this chapter.
    ``(b) Burden of Proof.--Such person shall have the burden of proof 
to show that he or she entered the United States lawfully, and the 
time, place, and manner of such entry into the United States, but in 
presenting such proof the person shall be entitled to the production of 
his or her immigrant visa, if any, or of other entry document, if any, 
and of any other documents and records, not considered by the Secretary 
to be confidential, pertaining to such entry, in the custody of the 
Department of Homeland Security.
    ``(c) Limitations on Review.--Notwithstanding section 405(b), and 
except as provided in sections 328 and 329--
            ``(1) no person may be naturalized against whom there is 
        outstanding a final finding of removal, exclusion, or 
        deportation;
            ``(2) no application for naturalization may be considered 
        by the Secretary or by 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; and
            ``(3) the findings of the Attorney General in terminating 
        removal proceedings or in cancelling the removal of an alien 
        pursuant to this Act may not be deemed binding in any way upon 
        the Secretary with respect to the question of whether such 
        person has established his or her eligibility for 
        naturalization under this Act.''.

SEC. 1624. LIMITATION ON JUDICIAL REVIEW WHEN AGENCY HAS NOT MADE 
              DECISION ON NATURALIZATION APPLICATION AND ON DENIALS.

    (a) Limitation on Review of Pending Naturalization Applications.--
Section 336(b) 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 before the end of the 180-day period 
beginning on the date on which the Secretary completes all examinations 
and interviews under such section (as such terms are defined by the 
Secretary, by regulation), 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.--Section 310(c) 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 may, 
        not later than 120 days after the date of the Secretary's 
        administratively final determination on the application and 
        after a hearing before an immigration officer under section 
        336(a), seek 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 petitioner shall have burden of 
        proof to show that the Secretary's denial 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 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; Application.--The amendments made by this 
section--
            (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. 1625. 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 amending subsection (c) to read as follows:
    ``(c) The Government shall have the burden of proof 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. 1626. DENATURALIZATION OF TERRORISTS.

    (a) Denaturalization for Terrorists Activities.--Section 340 of the 
Immigration and Nationality Act, as amended by section 1625, is further 
amended--
            (1) by redesignating subsections (d) through (h) as 
        subsections (f) through (j), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d)(1) If a person who has been naturalized, during the 15-year 
period after such naturalization, participates in any act described in 
paragraph (2)--
            ``(A) such act 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
            ``(B) in the absence of countervailing evidence, such act 
        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
            ``(C) 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) The acts described in this paragraph that shall subject a 
person to a revocation and setting aside of his or her naturalization 
under paragraph (1)(B) are--
            ``(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; 
        and
            ``(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. 1627. TREATMENT OF PENDING APPLICATIONS DURING DENATURALIZATION 
              PROCEEDINGS.

    (a) In General.--Section 204(b) of the Immigration and Nationality 
Act (8 U.S.C. 1154(b)) is amended--
            (1) by striking ``After'' and inserting ``(1) Except as 
        provided in paragraph (2), after''; and
            (2) by adding at the end the following:
    ``(2) The Secretary may 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--
            ``(A) such proceedings have concluded; and
            ``(B) the period for appeal has expired or any appeals have 
        been finally decided, if applicable.''.
    (b) Withholding of Immigration Benefits.--Section 340 of the 
Immigration and Nationality Act (8 U.S.C. 1451), as amended by section 
1626, is further amended by inserting after subsection (d), as added by 
section 1626(a)(2), the following:
    ``(e) The Secretary may not 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--
            ``(1) such proceedings have concluded; and
            ``(2) the period for appeal has expired or any appeals have 
        been finally decided, if applicable.''.

SEC. 1628. 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.

    ``(a) In General.--The Secretary shall retain all documents 
described in subsection (b) 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) Documents to Be Retained.--The documents described in this 
subsection are--
            ``(1) the original paper naturalization application and all 
        supporting paper documents submitted with the application at 
        the time of filing, subsequent to filing, and during the course 
        of the naturalization interview; and
            ``(2) any paper documents submitted in connection with an 
        application for naturalization that is filed electronically.''.
    (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.''.

CHAPTER 3--FORFEITURE OF PROCEEDS FROM PASSPORT AND VISA OFFENSES, AND 
                          PASSPORT REVOCATION.

SEC. 1631. 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. 1632. 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, not later than 30 days after such denial, issuance, 
limitation, or revocation, shall submit a report to Congress that 
describes such denial, issuance, limitation, or revocation, as the case 
may be.''.

       TITLE II--ASYLUM REFORM AND BORDER PROTECTION ACT OF 2017

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Asylum Reform and Border 
Protection Act of 2017''.

SEC. 2002. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended--
            (1) by striking ``(at no expense to the Government)''; and
            (2) by adding at the end the following: ``Notwithstanding 
        any other provision of law, the Government may not bear any 
        expense for counsel for any person in removal proceedings or in 
        any appeal proceedings before the Attorney General from any 
        such removal proceedings.''.

SEC. 2003. UNACCOMPANIED ALIEN CHILD DEFINED.

    (a) In General.--Section 462(g)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 279(g)(2)) is amended to read as follows:
            ``(2) the term `unaccompanied alien child'--
                    ``(A) means an alien who--
                            ``(i) has no lawful immigration status in 
                        the United States;
                            ``(ii) has not attained 18 years of age; 
                        and
                            ``(iii) with respect to whom--
                                    ``(I) there is no parent or legal 
                                guardian in the United States;
                                    ``(II) no parent or legal guardian 
                                in the United States is available to 
                                provide care and physical custody; or
                                    ``(III) no sibling older than 18 
                                years of age and no aunt, uncle, 
                                grandparent, or cousin older than 18 
                                years of age is available to provide 
                                care and physical custody; and
                    ``(B) does not include an alien if, at any time, 
                the alien's parent, legal guardian, sibling older than 
                18 years of age, or aunt, uncle, grandparent, or cousin 
                older than 18 years of age is found in the United 
                States and is available to provide care and physical 
                custody.''.
    (b) Revocation of Designation.--The Secretary of Homeland Security 
and the Secretary of Health and Human Services shall revoke any 
designation of an alien as an unaccompanied alien child under section 
462(g)(2) of the Homeland Security Act of 2002, as amended by 
subsection (a), upon the discovery of a relative of such alien 
described in subparagraph (B) of such section.

SEC. 2004. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR 
              UNACCOMPANIED ALIEN MINORS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) in subsection (a)(2), by striking subparagraph (E); and
            (2) in subsection (b)(3), by striking subparagraph (C).

SEC. 2005. INFORMATION SHARING BETWEEN THE DEPARTMENT OF HEALTH AND 
              HUMAN SERVICES AND THE DEPARTMENT OF HOMELAND SECURITY.

    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.--The Secretary of Health and 
        Human Services shall share with the Secretary of Homeland 
        Security any information requested on a child who has been 
        determined to be an unaccompanied alien child and 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. 2006. REPORTS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, and annually thereafter, the Secretary of State 
and the Secretary of Health and Human Services, with assistance from 
the Secretary of Homeland Security, shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that describes efforts to 
improve repatriation programs for unaccompanied alien children (as 
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2)), including--
            (1) the average time such a child is detained after 
        apprehension until removal;
            (2) the number of such children detained improperly beyond 
        the required periods described in paragraphs (2) and (3) of 
        section 235(b) of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)); and
            (3) a statement of the funds used to effectuate the 
        repatriation of such children, including any funds that were 
        reallocated from foreign assistance accounts as of the date of 
        the enactment of this Act.
    (b) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to any 
unaccompanied alien child (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)) apprehended on or 
after such date.

SEC. 2007. TERMINATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
              COUNTRY.

    (a) Termination of Status.--Except as provided in subsections (b) 
and (c), any alien who is granted asylum or refugee status under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall have his 
or her asylum status terminated if the alien--
            (1) applied for such status because of persecution or a 
        well-founded fear of persecution in that country on account of 
        race, religion, nationality, membership in a particular social 
        group, or political opinion; and
            (2) without a compelling reason, as determined by the 
        Secretary of Homeland Security--
                    (A) subsequently returns to the country of such 
                alien's nationality; or
                    (B) in the case of an alien having no nationality, 
                subsequently returns to any country in which such alien 
                last habitually resided.
    (b) Waiver.--The Secretary may waive the application of subsection 
(a) if the Secretary determines that the alien had a compelling reason 
for a return described in subsection (a). The waiver may be sought 
before the alien's departure from the United States or upon the alien's 
return to the United States.
    (c) Exception for Certain Aliens From Cuba.--Subsection (a) shall 
not apply to an alien who is eligible for adjustment to the status of 
an alien lawfully admitted for permanent residence pursuant to the 
Cuban Adjustment Act of 1966 (Public Law 89-732).

SEC. 2008. ASYLUM CASES FOR HOME SCHOOLERS.

    (a) In General.--Section 101(a)(42) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(42)) is amended by adding at the end 
the following: ``For purposes of determinations under this Act, a 
person who has been persecuted for failure or refusal to comply with 
any law or regulation that prevents the exercise of the individual 
right of that person to direct the upbringing and education of a child 
of that person (including any law or regulation preventing 
homeschooling), or for other resistance to such a law or regulation, 
shall be deemed to have been persecuted on account of membership in a 
particular social group, and a person who has a well founded fear that 
he or she will be subject to persecution for such failure, refusal, or 
resistance shall be deemed to have a well founded fear of persecution 
on account of membership in a particular social group.''.
    (b) Numerical Limitation.--Section 207(a) of the Immigration and 
Nationality Act (8 U.S.C. 1157(a)) is amended by adding at the end the 
following:
    ``(5) For any fiscal year, not more than 500 aliens may be admitted 
under this section, or granted asylum under section 208, pursuant to a 
determination under section 101(a)(42) that the alien is described in 
the last sentence of section 101(a)(42), as added by section 2008 of 
the Asylum Reform and Border Protection Act of 2017.''.
    (c) Effective Dates.--
            (1) In general.--The amendment made by subsection (a) shall 
        take effect on the date of the enactment of this Act and shall 
        apply to failure or refusal to comply with a law or regulation, 
        or other resistance to a law or regulation, occurring before, 
        on, or after such date.
            (2) Numerical limitation.--The amendment made by subsection 
        (b) shall take effect beginning on the first day of the first 
        fiscal year beginning after the date of the enactment of this 
        Act.

SEC. 2009. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS:.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum'';
            (3) in subparagraph (B), by striking the period and 
        inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) ensure that a written warning appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application and 
                serving as notice to the alien of the consequences of 
                filing a frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking 
``paragraph (4)(A)'' and inserting ``paragraph (4)(C)''.

SEC. 2010. TERMINATION OF ASYLUM STATUS.

    Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 
1158(c)) is amended by adding at the end the following:
            ``(4) If an alien's asylum status is subject to termination 
        under paragraph (2), the immigration judge shall--
                    ``(A) determine whether the conditions specified 
                under paragraph (2) have been met; and
                    ``(B) if such conditions have been met, terminate 
                the alien's asylum status before considering whether 
                the alien is eligible for adjustment of status under 
                section 209.''.

SEC. 2011. TIME LIMITS FOR APPLYING FOR ASYLUM.

    Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1158(a)(2)) is amended--
            (1) by amending subparagraph (B) to read as follows:
                    ``(B) Time limit.--Subject to subparagraph (D), 
                paragraph (1) shall not apply to an alien unless the 
                alien demonstrates, by clear and convincing evidence, 
                that the alien filed an application for asylum not 
                later than 6 months after the date of the alien's 
                arrival in the United States.'';
            (2) by amending subparagraph (D) to read as follows:
                    ``(D) Exception.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the Secretary's 
                        discretion, may permit an alien to apply for 
                        asylum outside of the time limit prescribed 
                        under subparagraph (B) if the Secretary 
                        determines that there has been such an 
                        extraordinary and material change in 
                        circumstances that the alien's life or freedom 
                        would be threatened, because of the alien's 
                        race, religion, nationality, or membership in a 
                        particular social group, or political opinion, 
                        if the alien were returned to his or her 
                        country of origin, nationality, or citizenship.
                            ``(ii) Judicial review.--Notwithstanding 
                        any other provision of law (statutory or 
                        nonstatutory), including section 2241 of title 
                        28, United States Code, or any other habeas 
                        corpus provisions, and sections 1361 and 1651 
                        of such title, no court shall have jurisdiction 
                        to review a decision by the Secretary under 
                        clause (i).''; and
            (3) by striking subparagraph (E).

SEC. 2012. LIMITS ON CONTINUANCES IN REMOVAL PROCEEDINGS. SECTION 
              240(C) OF THE IMMIGRATION AND NATIONALITY ACT (8 U.S.C. 
              1229A(C)) IS AMENDED BY ADDING AT THE END THE FOLLOWING:

            ``(8) Motion for continuance.--
                    ``(A) In general.--An immigration judge may grant a 
                motion for continuance in a case if the immigration 
                judge determines that there are emergent or 
                extraordinary circumstances justifying such a 
                continuance.
                    ``(B) Limitations.--Not more than 2 continuances 
                may be granted in a specific alien's case. Each 
                continuance shall be limited to a period of not longer 
                than 180 days.''.

                          TITLE III--E-VERIFY

SEC. 3001. PERMANENT REAUTHORIZATION.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1324a note) is amended by striking ``Unless the Congress otherwise 
provides, the Secretary of Homeland Security shall terminate a pilot 
program on September 30, 2015.''.

SEC. 3002. PREEMPTION; LIABILITY.

    Section 402 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding 
at the end the following:
    ``(g) Limitation on State Authority.--
            ``(1) Preemption.--A State or local government may not 
        prohibit a person or other entity from verifying the employment 
        authorization of new hires or current employees through E-
        Verify.
            ``(2) Liability.--A person or other entity that 
        participates in E-Verify may not be held liable under any 
        Federal, State, or local law for any employment-related action 
        taken with respect to the wrongful termination of an individual 
        in good faith reliance on information provided through E-
        Verify.''.

SEC. 3003. INFORMATION SHARING.

    The Commissioner of Social Security, the Secretary of Homeland 
Security, and the Secretary of the Treasury shall jointly establish a 
program to share information among their respective agencies that could 
lead to the identification of unauthorized aliens (as defined in 
section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)), including no-match letters and any information in the 
earnings suspense file.

SEC. 3004. SMALL BUSINESS DEMONSTRATION PROGRAM.

    Section 403 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Small Business Demonstration Program.--Not later than 9 
months after the date of the enactment of the SECURE Act of 2017, the 
Director of U.S. Citizenship and Immigration Services shall establish a 
demonstration program that assists small businesses in rural areas or 
areas without internet capabilities to verify the employment 
eligibility of newly hired employees solely through the use of publicly 
accessible internet terminals.''.

SEC. 3005. FRAUD PREVENTION.

    (a) Blocking Misused Social Security Account Numbers.--The 
Secretary of Homeland Security, in consultation with the Commissioner 
of Social Security, shall establish a program in which Social Security 
account numbers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification system 
established under section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), or that are otherwise suspected or determined 
to have been compromised by identity fraud or other misuse, shall be 
blocked from use for such system purposes unless the individual using 
such number is able to establish, through secure and fair additional 
security procedures, that the individual is the legitimate holder of 
the number.
    (b) Allowing Suspension of Use of Certain Social Security Account 
Numbers.--The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program that 
provides a reliable, secure method by which victims of identity fraud 
and other individuals may suspend or limit the use of their Social 
Security account number or other identifying information for purposes 
of the employment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)). The Secretary may implement the program on a limited pilot 
program basis before making it fully available to all individuals.
    (c) Allowing Parents to Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program that 
provides a reliable, secure method by which parents or legal guardians 
may suspend or limit the use of the Social Security account number or 
other identifying information of a minor under their care for the 
purposes of the employment eligibility verification system established 
under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)). The Secretary may implement the program on a limited pilot 
program basis before making it fully available to all individuals.

SEC. 3006. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION 
              PILOT PROGRAMS.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Homeland Security, after 
consultation with the Commissioner of Social Security and the Director 
of the National Institute of Standards and Technology, shall establish, 
by regulation, not fewer than 2 Identity Authentication Employment 
Eligibility Verification pilot programs (referred to in this section as 
the ``Authentication Pilots''), each of which shall use a separate and 
distinct technology.
    (b) Purpose.--The purpose of the Authentication Pilots shall be to 
provide for identity authentication and employment eligibility 
verification with respect to enrolled new employees to any employer 
that elects to participate in an Authentication Pilot.
    (c) Cancellation.--Any participating employer may cancel the 
employer's participation in an Authentication Pilot after 1 year after 
electing to participate without prejudice to future participation.
    (d) Report.--Not later than 12 months after commencement of the 
Authentication Pilots, the Secretary shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that includes the Secretary's 
findings on the Authentication Pilots and the authentication 
technologies chosen.

                          TITLE IV--BRIDGE ACT

SEC. 4001. SHORT TITLE.

    This title may be cited as the ``Bar Removal of Individuals who 
Dream and Grow our Economy Act'' or the ``BRIDGE Act''.

SEC. 4002. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS.

    (a) In General.--Chapter 4 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end 
the following:

``SEC. 244A. PROVISIONAL PROTECTED PRESENCE.

    ``(a) Definitions.--In this section:
            ``(1) DACA recipient.--The term `DACA recipient' means an 
        alien who is in deferred action status on the date of the 
        enactment of this section pursuant to the Deferred Action for 
        Childhood Arrivals (`DACA') Program announced on June 15, 2012.
            ``(2) Felony.--The term `felony' means a Federal, State, or 
        local criminal offense (excluding a State or local offense for 
        which an essential element was the alien's immigration status) 
        punishable by imprisonment for a term exceeding 1 year.
            ``(3) Misdemeanor.--The term `misdemeanor' means a Federal, 
        State, or local criminal offense (excluding a State or local 
        offense for which an essential element was the alien's 
        immigration status, a significant misdemeanor, and a minor 
        traffic offense) for which--
                    ``(A) the maximum term of imprisonment is greater 
                than 5 days and not greater than 1 year; and
                    ``(B) the individual was sentenced to time in 
                custody of 90 days or less.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(5) Significant misdemeanor.--The term `significant 
        misdemeanor' means a Federal, State, or local criminal offense 
        (excluding a State or local offense for which an essential 
        element was the alien's immigration status), for which the 
        maximum term of imprisonment is greater than 5 days and not 
        greater than 1 year, that--
                    ``(A) regardless of the sentence imposed, is a 
                crime of domestic violence (as defined in section 
                237(a)(2)(E)(i)) or an offense of sexual abuse or 
                exploitation, burglary, unlawful possession or use of a 
                firearm, drug distribution or trafficking, or driving 
                under the influence if the State law requires, as an 
                element of the offense, the operation of a motor 
                vehicle and a finding of impairment or a blood alcohol 
                content of .08 or higher; or
                    ``(B) resulted in a sentence of time in custody of 
                more than 90 days, excluding an offense for which the 
                sentence was suspended.
            ``(6) Threat to national security.--An alien is a `threat 
        to national security' if the alien is--
                    ``(A) inadmissible under section 212(a)(3); or
                    ``(B) deportable under section 237(a)(4).
            ``(7) Threat to public safety.--An alien is a `threat to 
        public safety' if the alien--
                    ``(A) has been convicted of an offense for which an 
                element was participation in a criminal street gang (as 
                defined in section 521(a) of title 18, United States 
                Code); or
                    ``(B) has engaged in a continuing criminal 
                enterprise (as defined in section 408(c) of the 
                Comprehensive Drug Abuse Prevention and Control Act of 
                1970 (21 U.S.C. 848(c))).
    ``(b) Authorization.--The Secretary--
            ``(1) shall grant provisional protected presence to any 
        alien who files an application demonstrating that he or she 
        meets the eligibility criteria under subsection (c) and pays 
        the appropriate application fee;
            ``(2) may not remove an alien described in paragraph (1) 
        from the United States during the period in which such 
        provisional protected presence is in effect unless such status 
        is rescinded pursuant to subsection (g); and
            ``(3) shall provide an alien granted provisional protected 
        presence with employment authorization.
    ``(c) Eligibility Criteria.--An alien is eligible for provisional 
protected presence under subsection (b)(1) and employment authorization 
under subsection (b)(3) if the alien--
            ``(1) was born after June 15, 1981;
            ``(2) entered the United States before reaching 16 years of 
        age;
            ``(3) continuously resided in the United States between 
        June 15, 2007, and the date on which the alien files an 
        application under this section;
            ``(4) was physically present in the United States on June 
        15, 2012, and on the date on which the alien files an 
        application under this section;
            ``(5) was unlawfully present in the United States on June 
        15, 2012;
            ``(6) on the date on which the alien files an application 
        for provisional protected presence--
                    ``(A) is enrolled in school or in an education 
                program assisting students in obtaining a regular high 
                school diploma or its recognized equivalent under State 
                law, or in passing a general educational development 
                exam or other State-authorized exam;
                    ``(B) has graduated or obtained a certificate of 
                completion from high school;
                    ``(C) has obtained a general educational 
                development certificate; or
                    ``(D) is an honorably discharged veteran of the 
                Coast Guard or Armed Forces of the United States;
            ``(7) has not been convicted of--
                    ``(A) a felony;
                    ``(B) a significant misdemeanor; or
                    ``(C) 3 or more misdemeanors not occurring on the 
                same date and not arising out of the same act, 
                omission, or scheme of misconduct; and
            ``(8) does not otherwise pose a threat to national security 
        or a threat to public safety.
    ``(d) Duration of Provisional Protected Presence and Employment 
Authorization.--Provisional protected presence and the employment 
authorization provided under this section shall be effective until the 
date that is 3 years after the date of the enactment of this section.
    ``(e) Status During Period of Provisional Protected Presence.--
            ``(1) In general.--An alien granted provisional protected 
        presence is not considered to be unlawfully present in the 
        United States during the period beginning on the date such 
        status is granted and ending on the date described in 
        subsection (d).
            ``(2) Status outside period.--The granting of provisional 
        protected presence under this section does not excuse previous 
        or subsequent periods of unlawful presence.
    ``(f) Application.--
            ``(1) Age requirement.--
                    ``(A) In general.--An alien who has never been in 
                removal proceedings, or whose proceedings have been 
                terminated before making a request for provisional 
                protected presence, shall be at least 15 years of age 
                on the date on which the alien submits an application 
                under this section.
                    ``(B) Exception.--The age requirement set forth in 
                subparagraph (A) shall not apply to an alien who, on 
                the date on which the alien applies for provisional 
                protected presence, is in removal proceedings, has a 
                final removal order, or has a voluntary departure 
                order.
            ``(2) Application fee.--
                    ``(A) In general.--The Secretary may require aliens 
                applying for provisional protected presence and 
                employment authorization under this section to pay a 
                reasonable fee that is commensurate with the cost of 
                processing the application.
                    ``(B) Exemption.--An applicant may be exempted from 
                paying the fee required under subparagraph (A) if the 
                alien--
                            ``(i)(I) is younger than 18 years of age;
                            ``(II) received total income during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section that is less than 150 percent of the 
                        United States poverty level; and
                            ``(III) is in foster care or otherwise 
                        lacking any parental or other familial support;
                            ``(ii) is younger than 18 years of age and 
                        is homeless;
                            ``(iii)(I) cannot care for himself or 
                        herself because of a serious, chronic 
                        disability; and
                            ``(II) received total income during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section that is less than 150 percent of the 
                        United States poverty level; or
                            ``(iv)(I) as of the date on which the alien 
                        files an application under this section, has 
                        accumulated $10,000 or more in debt in the past 
                        12 months as a result of unreimbursed medical 
                        expenses incurred by the alien or an immediate 
                        family member of the alien; and
                            ``(II) received total income during the 12-
                        month period immediately preceding the date on 
                        which the alien files an application under this 
                        section that is less than 150 percent of the 
                        United States poverty level.
            ``(3) Removal stayed while application pending.--The 
        Secretary may not remove an alien from the United States who 
        appears prima facie eligible for provisional protected presence 
        while the alien's application for provisional protected 
        presence is pending.
            ``(4) Aliens not in immigration detention.--An alien who is 
        not in immigration detention, but who is in removal 
        proceedings, is the subject of a final removal order, or is the 
        subject of a voluntary departure order, may apply for 
        provisional protected presence under this section if the alien 
        appears prima facie eligible for provisional protected 
        presence.
            ``(5) Aliens in immigration detention.--The Secretary shall 
        provide any alien in immigration detention, including any alien 
        who is in removal proceedings, is the subject of a final 
        removal order, or is the subject of a voluntary departure 
        order, who appears prima facie eligible for provisional 
        protected presence, upon request, with a reasonable opportunity 
        to apply for provisional protected presence under this section.
            ``(6) Confidentiality.--
                    ``(A) In general.--The Secretary shall protect 
                information provided in applications for provisional 
                protected presence under this section and in requests 
                for consideration of DACA from disclosure to U.S. 
                Immigration and Customs Enforcement and U.S. Customs 
                and Border Protection for the purpose of immigration 
                enforcement proceedings.
                    ``(B) Referrals prohibited.--The Secretary may not 
                refer individuals whose cases have been deferred 
                pursuant to DACA or who have been granted provisional 
                protected presence under this section to U.S. 
                Immigration and Customs Enforcement.
                    ``(C) Limited exception.--The information submitted 
                in applications for provisional protected presence 
                under this section and in requests for consideration of 
                DACA may be shared with national security and law 
                enforcement agencies--
                            ``(i) for assistance in the consideration 
                        of the application for provisional protected 
                        presence;
                            ``(ii) to identify or prevent fraudulent 
                        claims;
                            ``(iii) for national security purposes; and
                            ``(iv) for the investigation or prosecution 
                        of any felony not related to immigration 
                        status.
            ``(7) Acceptance of applications.--Not later than 60 days 
        after the date of the enactment of this section, the Secretary 
        shall begin accepting applications for provisional protected 
        presence and employment authorization.
    ``(g) Rescission of Provisional Protected Presence.--The Secretary 
may not rescind an alien's provisional protected presence or employment 
authorization granted under this section unless the Secretary 
determines that the alien--
            ``(1) has been convicted of--
                    ``(A) a felony;
                    ``(B) a significant misdemeanor; or
                    ``(C) 3 or more misdemeanors not occurring on the 
                same date and not arising out of the same act, 
                omission, or scheme of misconduct;
            ``(2) poses a threat to national security or a threat to 
        public safety;
            ``(3) has traveled outside of the United States without 
        authorization from the Secretary; or
            ``(4) has ceased to continuously reside in the United 
        States.
    ``(h) Treatment of Brief, Casual, and Innocent Departures and 
Certain Other Absences.--For purposes of subsections (c)(3) and (g)(4), 
an alien shall not be considered to have failed to continuously reside 
in the United States due to--
            ``(1) brief, casual, and innocent absences from the United 
        States during the period beginning on June 15, 2007, and ending 
        on August 14, 2012; or
            ``(2) travel outside of the United States on or after 
        August 15, 2012, if such travel was authorized by the 
        Secretary.
    ``(i) Treatment of Expunged Convictions.--For purposes of 
subsections (c)(7) and (g)(1), an expunged conviction shall not 
automatically be treated as a disqualifying felony, significant 
misdemeanor, or misdemeanor, but shall be evaluated on a case-by-case 
basis according to the nature and severity of the offense to determine 
whether, under the particular circumstances, the alien should be 
eligible for provisional protected presence under this section.
    ``(j) Effect of Deferred Action Under Deferred Action for Childhood 
Arrivals Program.--
            ``(1) Provisional protected presence.--A DACA recipient is 
        deemed to have provisional protected presence under this 
        section through the expiration date of the alien's deferred 
        action status, as specified by the Secretary in conjunction 
        with the approval of the alien's DACA application.
            ``(2) Employment authorization.--If a DACA recipient has 
        been granted employment authorization by the Secretary in 
        addition to deferred action, the employment authorization shall 
        continue through the expiration date of the alien's deferred 
        action status, as specified by the Secretary in conjunction 
        with the approval of the alien's DACA application.
            ``(3) Effect of application.--If a DACA recipient files an 
        application for provisional protected presence under this 
        section not later than the expiration date of the alien's 
        deferred action status, as specified by the Secretary in 
        conjunction with the approval of the alien's DACA application, 
        the alien's provisional protected presence, and any employment 
        authorization, shall remain in effect pending the adjudication 
        of such application.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after 
the item relating to section 244 the following:

``Sec. 244A. Provisional protected presence.''.

    TITLE V--REFORMING AMERICAN IMMIGRATION FOR A STRONG ECONOMY ACT

SEC. 5001. SHORT TITLE.

    This title may be cited as the ``Reforming American Immigration for 
a Strong Economy Act'' or the ``RAISE Act''.

SEC. 5002. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

    (a) Redefinition of Immediate Relative.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
            (1) in section 101(b)(1), in the matter preceding 
        subparagraph (A), by striking ``under twenty-one years of age 
        who'' and inserting ``who is younger than 18 years of age 
        and''; and
            (2) in section 201 (8 U.S.C. 1151)--
                    (A) in subsection (b)(2)(A)--
                            (i) in clause (i), by striking ``children, 
                        spouses, and parents of a citizen of the United 
                        States, except that, in the case of parents, 
                        such citizens shall be at least 21 years of 
                        age.'' and inserting ``children and spouse of a 
                        citizen of the United States.''; and
                            (ii) in clause (ii), by striking ``such an 
                        immediate relative'' and inserting ``the 
                        immediate relative spouse of a United States 
                        citizen'';
                    (B) by amending subsection (c) to read as follows:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to 39 percent of 226,000 minus the number 
computed under paragraph (2).
    ``(2) The number computed under this paragraph for a fiscal year is 
the number of aliens who were paroled into the United States under 
section 212(d)(5) in the second preceding fiscal year who--
            ``(A) did not depart from the United States (without 
        advance parole) within 1 year; and
            ``(B)(i) did not acquire the status of an alien lawfully 
        admitted to the United States for permanent residence during 
        the 2 preceding fiscal years; or
            ``(ii) acquired such status during such period under a 
        provision of law (other than subsection (b)) that exempts 
        adjustment to such status from the numerical limitation on the 
        worldwide level of immigration under this section.''; and
                    (C) in subsection (f)--
                            (i) in paragraph (2), by striking ``section 
                        203(a)(2)(A)'' and inserting ``section 
                        203(a)'';
                            (ii) by striking paragraph (3);
                            (iii) by redesignating paragraph (4) as 
                        paragraph (3); and
                            (iv) in paragraph (3), as redesignated, by 
                        striking ``(1) through (3)'' and inserting 
                        ``(1) and (2)''.
    (b) Family-Based Visa Preferences.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read 
as follows:
    ``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified 
immigrants who are the spouse or a child of an alien lawfully admitted 
for permanent residence.''.
    (c) Conforming Amendments.--
            (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
        is amended by striking ``section 203(a)(2)(A)'' each place such 
        term appears and inserting ``section 203(a)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of such Act (8 U.S.C. 1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) 75 percent of family-sponsored immigrants not 
                subject to per country limitation.--Of the visa numbers 
                made available under section 203(a) in any fiscal year, 
                75 percent shall be issued without regard to the 
                numerical limitation under paragraph (2).
                    ``(B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                            ``(i) In general.--Of the visa numbers made 
                        available under section 203(a) in any fiscal 
                        year, 25 percent shall be available, in the 
                        case of a foreign state or dependent area that 
                        is subject to subsection (e) only to the extent 
                        that the total number of visas issued in 
                        accordance with subparagraph (A) to natives of 
                        the foreign state or dependent area is less 
                        than the subsection (e) ceiling.
                            ``(ii) Subsection (e) ceiling defined.--In 
                        clause (i), the term `subsection (e) ceiling' 
                        means, for a foreign state or dependent area, 
                        77 percent of the maximum number of visas that 
                        may be made available under section 203(a) to 
                        immigrants who are natives of the state or 
                        area, consistent with subsection (e).''; and
                            (ii) by striking subparagraphs (C) and (D); 
                        and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by adding ``and'' at 
                        the end;
                            (ii) by striking paragraph (2);
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2); and
                            (iv) in the undesignated matter after 
                        paragraph (2), as redesignated, by striking ``, 
                        respectively,'' and all that follows and 
                        inserting a period.
            (3) Rules for determining whether certain aliens are 
        children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is 
        amended by striking ``(a)(2)(A)'' each place such term appears 
        and inserting ``(a)(2)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of such Act (8 U.S.C. 1154) is amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)(i), by striking 
                        ``to classification by reason of a relationship 
                        described in paragraph (1), (3), or (4) of 
                        section 203(a) or'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by redesignating 
                                the second subclause (I) as subclause 
                                (II); and
                                    (II) by striking ``203(a)(2)(A)'' 
                                each place such term appears and 
                                inserting ``203(a)''; and
                            (iii) in subparagraph (D)(i)(I), by 
                        striking ``a petitioner'' and all that follows 
                        through ``(a)(1)(B)(iii).'' and inserting ``an 
                        individual younger than 21 years of age for 
                        purposes of adjudicating such petition and for 
                        purposes of admission as an immediate relative 
                        under section 201(b)(2)(A)(i) or a family-
                        sponsored immigrant under section 203(a), as 
                        appropriate, notwithstanding the actual age of 
                        the individual.'';
                    (B) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3), as appropriate''; and
                    (C) by striking subsection (k).
            (5) Waivers of inadmissibility.--Section 212 of such Act (8 
        U.S.C. 1182) is amended--
                    (A) in subsection (a)(6)(E)(ii), by striking 
                ``section 203(a)(2)'' and inserting ``section 203(a)''; 
                and
                    (B) in subsection (d)(11), by striking ``(other 
                than paragraph (4) thereof)''.
            (6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
        of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking 
        ``section 203(a)(2)(A)'' each place such term appears and 
        inserting ``section 203(a)''.
            (7) Definition of alien spouse.--Section 216(h)(1)(C) of 
        such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
            (8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
        of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
    (d) Creation of Nonimmigrant Classification for Alien Parents of 
Adult United States Citizens.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) in subparagraph (T)(ii)(III), by striking the 
                period at the end and inserting a semicolon;
                    (B) in subparagraph (U)(iii), by striking ``or'' at 
                the end;
                    (C) in subparagraph (V)(ii)(II), by striking the 
                period at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(W) Subject to section 214(s), an alien who is a parent 
        of a citizen of the United States, if the citizen is at least 
        21 years of age.''.
            (2) Conditions on admission.--Section 214 of such Act (8 
        U.S.C. 1184) is amended by adding at the end the following:
    ``(s)(1) The initial period of authorized admission for a 
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but 
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the 
nonimmigrant is still residing in the United States.
    ``(2) A nonimmigrant described in section 101(a)(15)(W)--
            ``(A) is not authorized to be employed in the United 
        States; and
            ``(B) is not eligible for any Federal, State, or local 
        public benefit.
    ``(3) Regardless of the resources of a nonimmigrant described in 
section 101(a)(15)(W), the United States citizen son or daughter who 
sponsored the nonimmigrant parent shall be responsible for the 
nonimmigrant's support while the nonimmigrant resides in the United 
States.
    ``(4) An alien is ineligible to receive a visa or to be admitted 
into the United States as a nonimmigrant described in section 
101(a)(15)(W) unless the alien provides satisfactory proof that the 
United States citizen son or daughter has arranged for health insurance 
coverage for the alien, at no cost to the alien, during the anticipated 
period of the alien's residence in the United States.''.
    (e) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on the first day of the first fiscal year 
        that begins after the date of the enactment of this Act.
            (2) Valid offer of admission.--Notwithstanding the 
        termination by this Act of the family-sponsored and employment-
        based immigrant visa categories, any alien who was granted 
        admission to the United States under subsection (a) or (b) of 
        section 203 of the Immigration and Nationality Act, as in 
        effect on the day before the date of the enactment of this Act, 
        and is scheduled to receive an immigrant visa in the applicable 
        preference category not later than 1 year after the date of the 
        enactment of this Act, shall be entitled to such visa if the 
        alien enters the United States not later than 1 year after such 
        date of enactment.

                        TITLE VI--OTHER MATTERS

SEC. 6001. OTHER IMMIGRATION AND NATIONALITY ACT AMENDMENTS.

    (a) Notice of Address Change.--Section 265(a) 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 
physically present in the United States shall notify the Secretary of 
Homeland Security of each change of address and new address not later 
than 10 days after 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--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (7) as 
                subparagraphs (A) through (G);
                    (B) by inserting ``(1)'' after ``(b)''; and
                    (C) by striking the undesignated matter at the end 
                and inserting the following:
    ``(2) Of the photographs furnished pursuant to paragraph (1)--
            ``(A) 1 shall be affixed to each certificate issued by the 
        Attorney General; and
            ``(B) 1 shall be affixed to the copy of such certificate 
        retained by the Department.''; and
            (2) by adding at the end the following:
    ``(c) The Secretary may modify the technical requirements under 
this section in the Secretary's discretion and as the Secretary may 
consider necessary to provide for photographs to be furnished and used 
in a manner that is efficient, secure, and consistent with the latest 
developments in technology.''.

SEC. 6002. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURE ACT.

    Except for regulations promulgated pursuant to this Act, section 
552 of title 5, United States Code (commonly known as the ``Freedom of 
Information Act'' (5 U.S.C. 522)), and section 552a of such title 
(commonly known as the ``Privacy Act'' (5 U.S.C. 552a)), 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 or 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. 6003. 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. 6004. ABILITY TO FILL AND RETAIN DEPARTMENT OF HOMELAND SECURITY 
              POSITIONS IN UNITED STATES TERRITORIES.

    (a) In General.--Section 530C of title 28, United States Code, is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1)--
                    (A) by inserting ``or the Department of Homeland 
                Security'' after ``Department of Justice''; and
                    (B) by inserting ``or the Secretary of Homeland 
                Security'' after ``Attorney General'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or to the Secretary of 
                        Homeland Security'' after ``Attorney General''; 
                        and
                            (ii) in subparagraph (K)--
                                    (I) in clause (i)--
                                            (aa) by inserting ``or 
                                        within United States 
                                        territories or commonwealths'' 
                                        after ``outside United 
                                        States''; and
                                            (bb) by inserting ``or the 
                                        Secretary of Homeland 
                                        Security'' after ``Attorney 
                                        General'';
                                    (II) in clause (ii), by inserting 
                                ``or the Secretary of Homeland 
                                Security'' after ``Attorney General'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``for 
                        the Drug Enforcement Administration, and for 
                        the Immigration and Naturalization Service'' 
                        and inserting ``and for the Drug Enforcement 
                        Administration''; and
                            (ii) in subparagraph (B), in the matter 
                        preceding clause (i), by striking ``the 
                        Immigration and Naturalization Service'' and 
                        inserting ``the Department of Homeland 
                        Security'';
                    (C) 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''; and
                    (D) in paragraph (7)--
                            (i) by inserting ``or the Secretary of 
                        Homeland Security'' after ``Attorney General''; 
                        and
                            (ii) by striking ``the Immigration and 
                        Naturalization Service'' and inserting ``U.S. 
                        Immigration and Customs Enforcement''; and
            (3) in subsection (d), by inserting ``or the Department of 
        Homeland Security'' after ``Department of Justice''.

SEC. 6005. 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. 6006. FUNDING.

    (a) Implementation.--The Director of the Office of Management and 
Budget shall determine and identify--
            (1) the appropriation accounts which have unobligated funds 
        that could be rescinded and used to fund the provisions of this 
        Act; 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 for 
rescission pursuant to subsection (a).
    (c) Exceptions.--This section shall not apply to unobligated funds 
of--
            (1) the Department of Homeland Security;
            (2) the Department of Defense; or
            (3) the Department of Veterans Affairs.

                    TITLE VII--TECHNICAL AMENDMENTS

SEC. 7001. 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. 7002. TECHNICAL AMENDMENTS TO TITLE I OF THE IMMIGRATION AND 
              NATIONALITY ACT.

    (a) Section 101.--
            (1) Department.--Section 101(a)(8) (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.--Section 101(a)(15) (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.--Section 101(a)(18) (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.--Section 101(a)(34) (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 ``; or'' at 
        the end.
            (6) Managerial capacity; executive capacity.--Section 
        101(a)(44)(C) (8 U.S.C. 1101(a)(44)(C)) is amended by striking 
        ``Attorney General'' and inserting ``Secretary''.
            (7) Order of removal.--Section 101(a)(47)(A) (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.--Section 101(b) (8 U.S.C. 
        1101(b)) 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, the 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. A 
determination and ruling by the Attorney General with respect to all 
questions of law shall be controlling.''.
            (2) Technical and conforming corrections.--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. 7003. TECHNICAL AMENDMENTS TO TITLE II OF THE IMMIGRATION AND 
              NATIONALITY ACT.

    (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.--Section 208 (8 U.S.C. 1158) is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``the Secretary or'' before 
                ``Attorney General'' in subparagraph (A);
                    (B) by inserting ``the Secretary or'' before 
                ``Attorney General'' in subparagraph (D);
            (2) in subsection (b)(2) by inserting ``the Secretary or'' 
        before ``Attorney General'' wherever the term appears;
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``the Attorney 
                General'' and inserting ``the Secretary'';
                    (B) in paragraphs (2) and (3), by inserting ``the 
                Secretary or'' before ``Attorney General'' each place 
                that term appears; and
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``the Secretary 
                or'' before ``the Attorney General'',
                    (B) in paragraph (2), by striking ``Attorney 
                General'' and inserting ``Secretary'';
                    (C) in paragraph (3)--
                            (i) by striking ``Attorney General'' each 
                        place that term appears and inserting 
                        ``Secretary''; and
                            (ii) by striking ``Attorney General's'' and 
                        inserting ``Secretary's''; and
                    (D) in paragraphs (4) through (6), by inserting 
                ``the Secretary 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 paragraph (2), in subparagraphs (C), 
                (H)(ii), and (I), by inserting ``, the Secretary,'' 
                before ``or the Attorney General'' each place that term 
                appears;
                    (B) in paragraph (3)--
                            (i) in subparagraphs (A) and (B)(ii)(II), 
                        by inserting ``, the Secretary,'' before ``or 
                        the Attorney General'' each place that term 
                        appears; and
                            (ii) in subparagraph (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 the following: ``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.--Section 214(c)(9)(A) (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 alien'' and 
        inserting ``an alien''.
    (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 parenthesis after 
                ``section 212(a)(3)(B)''; and
                    (B) by striking the close parenthesis before the 
                semicolon;
            (2) in subsection (c)(3)(D), by striking ``(2),'' and 
        inserting ``(2);''; and
            (3) in subsection (d)(4), by striking ``the Secretary of 
        the Treasury'' and inserting ``the Secretary of Homeland 
        Security, the Secretary of the Treasury,''.
    (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 ``Attorney General'' each places 
                that term appears and inserting ``Secretary'';
                    (B) 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 under section 
                103(g).''; and
                    (B) by inserting ``the Secretary or'' before ``the 
                Attorney General under''.
    (o) Section 236A.--Section 236A(a)(4) (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 paragraph (2)(E), in the subparagraph heading, by 
        striking ``, crimes against children and'' and inserting ``; 
        crimes against 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; and
            (2) in subsection (e), as redesignated by section 
        1503(a)(4)--
                    (A) by striking ``Commissioner'' each place that 
                term appears and inserting ``Secretary'';
                    (B) by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary''; and
                    (C) 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 
                ``240A(b)(2)'' and inserting ``section 240A(b)(2)''.
    (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 subsection (a), in paragraphs (1) and (3), by 
        inserting ``or the Secretary'' after ``Attorney General'' each 
        place that term appears; 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 
        parenthesis after ``(L)'';
            (2) in subsection (g)(2)--
                    (A) by striking the paragraph heading and inserting 
                ``Detention facilities of the department of homeland 
                security.--''; and
                    (B) by striking ``Service, the Commissioner'' and 
                inserting ``Department, the 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 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)(5), by 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) in subsection (c)(7), by striking subparagraph (C); and
            (2) in subsection (h)--
                    (A) in paragraph (4)(C), by striking ``The The'' 
                and inserting ``The''; and
                    (B) in paragraph (5), by striking ``(Public Law 96-
                122),'' and inserting ``(8 U.S.C. 1522 note),''.
    (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.--Section 251(d) (8 U.S.C. 1281(d)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary''; and
            (2) by striking ``Commissioner'' each place that term 
        appears and inserting ``Secretary''.
    (ee) Section 254.--Section 254(a) (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 place 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 for in subsection (e)(2)), 
        except that this amendment shall not apply to references to the 
        ``Secretary of Labor'', ``the Secretary of State'';
            (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(f)) is amended by 
striking ``Attorney General is'' and inserting ``Attorney General and 
the 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.--Section 274B(f)(2) (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(a)(2) (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 subsection (a), in the undesignated matter following 
        paragraph (4), 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. 7004. TECHNICAL AMENDMENTS TO TITLE III OF THE IMMIGRATION AND 
              NATIONALITY ACT.

    (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.--Section 322(a)(1) (8 U.S.C. 1433(a)(1)) 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. 7005. TECHNICAL AMENDMENT TO TITLE IV OF THE IMMIGRATION AND 
              NATIONALITY ACT.

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

SEC. 7006. TECHNICAL AMENDMENTS TO TITLE V OF THE IMMIGRATION AND 
              NATIONALITY ACT.

    (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. 7007. 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--
                    (A) subsections (d)(3)(A) and (r)(5)(A) of section 
                214 (8 U.S.C. 1184);
                    (B) section 274B(c)(1) (8 U.S.C. 1324b(c)(1)); or
                    (C) 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) Subsections (a)(1) and (g) of section 103.
            (7) Subsections (b)(1) and (c) of section 105.
            (8) Section 204(c).
            (9) Section 208.
            (10) Subparagraphs (C), (H), and (I) of section 212(a)(2).
            (11) Subparagraphs (A), (B)(ii)(II), and (D) of section 
        212(a)(3).
            (12) Section 212(a)(9)(C)(iii).
            (13) Paragraphs (11) and (12) of section 212(d).
            (14) Subsections (g), (h), (i), (k), and (s) of section 
        212.
            (15) Subsections (a)(1) and (f)(6)(B) of section 213A.
            (16) Section 216(d)(2)(c).
            (17) Section 219(d)(4).
            (18) Section 235(b)(1)(B)(iii)(III).
            (19) The second sentence of section 236(e).
            (20) Section 237.
            (21) Paragraphs (1), (3), and (4)(A) of section 238(a).
            (22) Paragraphs (1) and (5) of section 238(b).
            (23) Section 238(c)(2)(D)(iv).
            (24) Subsections (a) and (b) of section 239.
            (25) Section 240.
            (26) Section 240A.
            (27) Subsections (a)(1), (a)(3), (b), and (c) of section 
        240B.
            (28) The first reference in section 241(a)(4)(B)(i).
            (29) Section 241(b)(3) (except for the first reference in 
        subparagraph (A), to which the amendment shall apply).
            (30) Section 241(i) (except for paragraph (3)(B)(i), to 
        which the amendment shall apply).
            (31) Section 242(a)(2)(B).
            (32) Section 242(b) (except for paragraph (8), to which the 
        amendment shall apply).
            (33) Section 242(g).
            (34) Subsections (a)(3)(C), (c)(2), (e), and (g) of section 
        244.
            (35) Section 245 (except for subsection (i)(1)(B)(i), 
        subsection (i)(3)) and the first reference to the Attorney 
        General in subsection 245(j)).
            (36) Section 245A(a)(1)(A).
            (37) Section 246(a).
            (38) Section 249.
            (39) Section 264(f).
            (40) Section 274(e).
            (41) Section 274A.
            (42) Section 274B.
            (43) Section 274C.
            (44) Section 292.
            (45) Subsections (d) and (f)(1) of section 316.
            (46) Section 342.
            (47) Section 412(f)(1)(A).
            (48) Title V (except for subsections 506(a)(1) and 507(b), 
        (c), and (d) (first reference), to which the amendment shall 
        apply).

SEC. 7008. REPEALS; RULE OF 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) Rule of Construction.--Nothing in this title may 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. 7009. MISCELLANEOUS TECHNICAL CORRECTION.

    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. 275

115th CONGRESS

  1st Session

                                S. 2192

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            December 6, 2017

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