II 

115TH CONGRESS 

2D SESSION S. 2367 

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

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

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

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 5, 2018 

Mr. COONS (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide relief from removal and adjustment of status 

of certain individuals who are long-term United States 

residents and who entered the United States before 

reaching the age of 18, improve border security, foster 

United States engagement in Central America, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Uniting and Securing America Act of 2018’’ or as the 

6 ‘‘USA Act of 2018’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADJUSTMENT OF STATUS FOR CERTAIN INDIVIDUALS 

WHO ENTERED THE UNITED STATES AS CHILDREN 

Sec. 101. Definitions. 

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

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

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

Sec. 105. Documentation requirements. 

Sec. 106. Rulemaking. 

Sec. 107. Confidentiality of information. 

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

higher education benefits. 

TITLE II—SECURE MILES WITH ALL RESOURCES AND 

TECHNOLOGY 

Sec. 201. Definitions. 

Subtitle A—Infrastructure and Equipment 

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

the southern border. 

Sec. 212. Comprehensive southern border strategy. 

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

Sec. 214. Air and Marine Operations flight hours. 

Sec. 215. Ports of entry infrastructure. 

Subtitle B—Grants 

Sec. 221. Operation Stonegarden. 

Sec. 222. Southern border region emergency communications grant. 

TITLE III—REDUCING SIGNIFICANT DELAYS IN IMMIGRATION 

COURT 

Sec. 301. Eliminate immigration court backlogs. 

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

of Immigration Appeals. 

Sec. 303. New technology to improve court efficiency. 

TITLE IV—ADVANCING REFORMS IN CENTRAL AMERICA TO 

ADDRESS THE FACTORS DRIVING MIGRATION 

Sec. 401. Definitions. 

Subtitle A—Effectively Coordinating United States Engagement in Central 

America 

Sec. 411. United States Coordinator for Engagement in Central America. 


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Subtitle B—Targeting Assistance to Appropriate Communities in the 

Northern Triangle 

Sec. 421. Targeting assistance to appropriate communities. 

Subtitle C—Regional Millennium Challenge Corporation Compacts 

Sec. 431. Millennium Challenge Corporation compacts. 

Subtitle D—United States Leadership for Engaging International Donors and 

Partners 

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

and partners. 

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

4 UNITED STATES AS CHIL5 DREN 

6 SEC. 101. DEFINITIONS. 

7 In this title: 

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

10 used in the immigration laws shall have the meaning 

11 given such term in the immigration laws. 

12 (2) DACA.—The term ‘‘DACA’’ means de13 ferred action granted to an alien pursuant to the 

14 Deferred Action for Childhood Arrivals program an15 nounced by the Secretary of Homeland Security 

16 through a memorandum issued on June 15, 2012. 

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

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


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

2 12102(1)). 

3 (4) EARLY CHILDHOOD EDUCATION PRO4 GRAM.—The term ‘‘early childhood education pro5 gram’’ has the meaning given such term in section 

6 103 of the Higher Education Act of 1965 (20 

7 U.S.C. 1003). 

8 (5) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC9 ONDARY SCHOOL.—The terms ‘‘elementary school’’, 

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

11 meanings given such terms in section 8101 of the 

12 Elementary and Secondary Education Act of 1965 

13 (20 U.S.C. 7801). 

14 (6) IMMIGRATION LAWS.—The term ‘‘immigra15 tion laws’’ has the meaning given such term in sec16 tion 101(a)(17) of the Immigration and Nationality 

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

18 (7) INSTITUTION OF HIGHER EDUCATION.—The 

19 term ‘‘institution of higher education’’— 

20 (A) except as provided in subparagraph 

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

22 102 of the Higher Education Act of 1965 (20 

23 U.S.C. 1002); and 

24 (B) does not include an institution of high25 er education outside of the United States. 


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1 (8) PERMANENT RESIDENT STATUS ON A CON2 DITIONAL BASIS.—The term ‘‘permanent resident 

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

4 alien lawfully admitted for permanent residence on 

5 a conditional basis under this title. 

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

7 has the meaning given such term in section 673 of 

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

9 9902). 

10 (10) SECRETARY.—Except as otherwise specifi11 cally provided, the term ‘‘Secretary’’ means the Sec12 retary of Homeland Security. 

13 (11) UNIFORMED SERVICES.—The term ‘‘Uni14 formed Services’’ has the meaning given the term 

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

16 United States Code. 

17 SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI18 TIONAL BASIS FOR CERTAIN LONG-TERM 

19 RESIDENTS WHO ENTERED THE UNITED 

20 STATES AS CHILDREN. 

21 (a) CONDITIONAL BASIS FOR STATUS.—Notwith22 standing any other provision of law, and except as pro23 vided in section 104(c)(2), an alien shall be considered, 

24 at the time of obtaining the status of an alien lawfully 

25 admitted for permanent residence under this section, to 


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1 have obtained such status on a conditional basis subject 

2 to the provisions under this title. 

3 (b) REQUIREMENTS.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, the Secretary shall cancel the re6 moval of, and adjust to the status of an alien law7 fully admitted for permanent residence on a condi8 tional basis, or without such conditional basis as 

9 provided in section 104(c)(2), an alien who is inad10 missible or deportable from the United States or is 

11 in temporary protected status under section 244 of 

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

13 1254a) if— 

14 (A) the alien has been continuously phys15 ically present in the United States since Decem16 ber 31, 2013; 

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

18 age on the date on which the alien initially en19 tered the United States; 

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

21 alien— 

22 (i) is not inadmissible under para23 graph (2), (3), (6)(E), (6)(G), (8), 

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


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1 212(a) of the Immigration and Nationality 

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

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

4 or otherwise participated in the persecution 

5 of any person on account of race, religion, 

6 nationality, membership in a particular so7 cial group, or political opinion; and 

8 (iii) other than an offense under State 

9 or local law for which an essential element 

10 was the alien’s immigration status, a 

11 minor traffic offense, or a violation of this 

12 title, has not been convicted of— 

13 (I) any offense under Federal or 

14 State law punishable by a maximum 

15 term of imprisonment of more than 1 

16 year; 

17 (II) any combination of offenses 

18 under Federal or State law, for which 

19 the alien was sentenced to imprison20 ment for a total of more than 1 year; 

21 or 

22 (III) a crime of domestic violence 

23 (as such term is defined in section 

24 237(a)(2)(E)(i) of the Immigration 


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

2 1227(a)(2)(E)(i))), unless— 

3 (aa) the alien has filed an 

4 application under section 

5 101(a)(15)(T), 101(a)(15)(U), 

6 106, or 240A(b)(2) of the Immi7 gration and Nationality Act (8 

8 U.S.C. 1101(a)(15)(T), 

9 1101(a)(15)(U), 1105a, and 

10 1229b(b)(2)) or section 

11 244(a)(3) of such Act (as in ef12 fect on March 31, 1997); 

13 (bb) the alien is a VAWA 

14 self-petitioner for immigration re15 lief, as defined in section 

16 101(a)(51) of the Immigration 

17 and Nationality Act; 

18 (cc) the alien provides evi19 dence that the alien’s crime of 

20 domestic violence is related to her 

21 or his having been a victim her22 self or himself of domestic vio23 lence, sexual assault, stalking, 

24 child abuse or neglect, elder 

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1 ficking, having been battered or 

2 subjected to extreme cruelty, hav3 ing been a victim of criminal ac4 tivity described in section 

5 101(a)(15)(U)(iii) of the Immi6 gration and Nationality Act (8 

7 U.S.C. 1101(a)(15)(U)(iii)); or 

8 (dd) the alien is a witness 

9 involved in a pending criminal or 

10 government agency investigation 

11 or prosecution related to the 

12 crime of domestic violence; and 

13 (D) the alien— 

14 (i) has been admitted to an institution 

15 of higher education; 

16 (ii) has earned a high school diploma 

17 or a commensurate alternative award from 

18 a public or private high school, or has ob19 tained a general education development 

20 certificate recognized under State law or a 

21 high school equivalency diploma in the 

22 United States; or 

23 (iii) is enrolled in secondary school or 

24 in an education program assisting students 

25 in— 


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1 (I) obtaining a regular high 

2 school diploma or its recognized equiv3 alent under State law; or 

4 (II) in passing a general edu5 cational development exam, a high 

6 school equivalence diploma examina7 tion, or other similar State-authorized 

8 exam. 

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

10 under this title, the Secretary may waive subclauses 

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

12 the grounds of inadmissibility under paragraph (2), 

13 (6)(E), (6)(G), or (10)(D) of section 212(a) of the 

14 Immigration and Nationality Act (8 U.S.C. 1182(a)) 

15 for humanitarian purposes, family unity, or if the 

16 waiver is otherwise in the public interest. 

17 (3) TREATMENT OF EXPUNGED CONVIC18 TIONS.—For purposes of cancellation of removal, ad19 justment to permanent resident status on a condi20 tional basis, or other adjustment of status, the term 

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

22 judgment of guilt that has been dismissed, ex23 punged, deferred, annulled, invalidated, withheld, 

24 sealed, vacated, pardoned, an order of probation 


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1 without entry of judgment, or any similar rehabilita2 tive disposition. 

3 (4) DACA RECIPIENTS.—The Secretary shall 

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

5 alien lawfully admitted for permanent residence on 

6 a conditional basis, an alien who was granted DACA 

7 unless the alien has engaged in conduct since the 

8 alien was granted DACA that would make the alien 

9 ineligible for DACA. 

10 (5) APPLICATION FEE.— 

11 (A) IN GENERAL.—The Secretary shall re12 quire an alien applying for permanent resident 

13 status on a conditional basis under this section 

14 to pay a reasonable fee that is commensurate 

15 with the cost of processing the application. 

16 (B) EXEMPTION.—An applicant may be 

17 exempted from paying the fee required under 

18 subparagraph (A) if the alien— 

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

20 (II) received total income, during the 

21 12-month period immediately preceding the 

22 date on which the alien files an application 

23 under this section, that is less than 150 

24 percent poverty line; and 


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1 (III) is in foster care or otherwise 

2 lacking any parental or other familial sup3 port; 

4 (ii) is younger than 18 years of age 

5 and is homeless; 

6 (iii)(I) cannot care for himself or her7 self because of a serious, chronic disability; 

8 and 

9 (II) received total income, during the 

10 12-month period immediately preceding the 

11 date on which the alien files an application 

12 under this section, that is less than 150 

13 percent of the poverty line; or 

14 (iv)(I) during the 12-month period im15 mediately preceding the date on which the 

16 alien files an application under this sec17 tion, accumulated $10,000 or more in debt 

18 as a result of unreimbursed medical ex19 penses incurred by the alien or an imme20 diate family member of the alien; and 

21 (II) received total income, during the 

22 12-month period immediately preceding the 

23 date on which the alien files an application 

24 under this section, that is less than 150 

25 percent of the poverty line. 


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1 (6) SUBMISSION OF BIOMETRIC AND BIO2 GRAPHIC DATA.—The Secretary may not grant an 

3 alien permanent resident status on a conditional 

4 basis under this section unless the alien submits bio5 metric and biographic data, in accordance with pro6 cedures established by the Secretary. The Secretary 

7 shall provide an alternative procedure for aliens who 

8 are unable to provide such biometric or biographic 

9 data because of a physical impairment. 

10 (7) BACKGROUND CHECKS.— 

11 (A) REQUIREMENT FOR BACKGROUND

12 CHECKS.—The Secretary shall utilize biometric, 

13 biographic, and other data that the Secretary 

14 determines appropriate— 

15 (i) to conduct security and law en16 forcement background checks of an alien 

17 seeking permanent resident status on a 

18 conditional basis under this section; and 

19 (ii) to determine whether there is any 

20 criminal, national security, or other factor 

21 that would render the alien ineligible for 

22 such status. 

23 (B) COMPLETION OF BACKGROUND

24 CHECKS.—The security and law enforcement 

25 background checks of an alien required under 


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1 subparagraph (A) shall be completed, to the 

2 satisfaction of the Secretary, before the date on 

3 which the Secretary grants such alien perma4 nent resident status on a conditional basis 

5 under this section. 

6 (8) MEDICAL EXAMINATION.— 

7 (A) REQUIREMENT.—An alien applying for 

8 permanent resident status on a conditional 

9 basis under this section shall undergo a medical 

10 examination. 

11 (B) POLICIES AND PROCEDURES.—The 

12 Secretary, with the concurrence of the Sec13 retary of Health and Human Services, shall 

14 prescribe policies and procedures for the nature 

15 and timing of the examination required under 

16 subparagraph (A). 

17 (9) MILITARY SELECTIVE SERVICE.—An alien 

18 applying for permanent resident status on a condi19 tional basis under this section shall establish that 

20 the alien has registered under the Military Selective 

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

22 subject to registration under such Act. 

23 (c) DETERMINATION OF CONTINUOUS PRESENCE.— 

24 (1) TERMINATION OF CONTINUOUS PERIOD.— 

25 Any period of continuous physical presence in the 


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1 United States of an alien who applies for permanent 

2 resident status on a conditional basis under this sec3 tion shall not terminate when the alien is served a 

4 notice to appear under section 239(a) of the Immi5 gration and Nationality Act (8 U.S.C. 1229(a)). 

6 (2) TREATMENT OF CERTAIN BREAKS IN PRES7 ENCE.— 

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

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

10 considered to have failed to maintain contin11 uous physical presence in the United States 

12 under subsection (b)(1)(A) if the alien has de13 parted from the United States for any period 

14 exceeding 90 days or for any periods, in the ag15 gregate, exceeding 180 days. 

16 (B) EXTENSIONS FOR EXTENUATING CIR17 CUMSTANCES.—The Secretary may extend the 

18 time periods described in subparagraph (A) for 

19 an alien who demonstrates that the failure to 

20 timely return to the United States was due to 

21 extenuating circumstances beyond the alien’s 

22 control, including the serious illness of the 

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

24 grandparent, sibling, or child of the alien. 


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1 (C) TRAVEL AUTHORIZED BY THE SEC2 RETARY.—Any period of travel outside of the 

3 United States by an alien that was authorized 

4 by the Secretary may not be counted toward 

5 any period of departure from the United States 

6 under subparagraph (A). 

7 (d) LIMITATION ON REMOVAL OF CERTAIN

8 ALIENS.— 

9 (1) IN GENERAL.—The Secretary or the Attor10 ney General may not remove an alien who appears 

11 prima facie eligible for relief under this section. 

12 (2) ALIENS SUBJECT TO REMOVAL.—The Sec13 retary shall provide an alien with a reasonable op14 portunity to apply for relief under this section if the 

15 alien— 

16 (A) requests such an opportunity or ap17 pears prima facie eligible for relief under this 

18 section; and 

19 (B) is in removal proceedings, is the sub20 ject of a final removal order, or is the subject 

21 of a voluntary departure order. 

22 (3) CERTAIN ALIENS ENROLLED IN ELEMEN23 TARY OR SECONDARY SCHOOL.— 


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1 (A) STAY OF REMOVAL.—The Attorney 

2 General shall stay the removal proceedings of 

3 an alien who— 

4 (i) meets all the requirements under 

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

7 and (3) of such subsection; 

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

9 (iii) is enrolled in an elementary 

10 school, a secondary school, or an early 

11 childhood education program. 

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

14 removal proceedings for an alien described in 

15 subparagraph (A). 

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

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

20 upon application to the Secretary, be granted 

21 an employment authorization document. 

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

24 an alien under subparagraph (A) unless the 


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1 alien ceases to meet the requirements under 

2 such subparagraph. 

3 (e) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

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

6 aliens who may be granted permanent resident status, on 

7 a conditional basis or otherwise, under this title. 

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

9 CONDITIONAL BASIS. 

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

11 on a conditional basis is— 

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

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

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

16 alien obtains permanent resident status on a conditional 

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

19 to have the conditional basis of such status removed. 

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

21 terminate the permanent resident status on a conditional 

22 basis of an alien only if the Secretary— 

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

24 requirements under section 102(b)(1)(C), subject to 

25 paragraphs (2) and (3) of section 102(b); and 


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1 (2) before the termination, provides the alien 

2 with— 

3 (A) notice of the proposed termination; 

4 and 

5 (B) the opportunity for a hearing to pro6 vide evidence that the alien meets such require7 ments or otherwise contest the termination. 

8 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), an alien whose permanent resident status 

11 on a conditional basis expires under subsection 

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

13 whose application for such status is denied shall re14 turn to the immigration status that the alien had 

15 immediately before receiving permanent resident sta16 tus on a conditional basis or applying for such sta17 tus, as appropriate. 

18 (2) SPECIAL RULE FOR TEMPORARY PRO19 TECTED STATUS.—An alien whose permanent resi20 dent status on a conditional basis expires under sub21 section (a)(1) or is terminated under subsection (c) 

22 or whose application for such status is denied and 

23 who had temporary protected status under section 

24 244 of the Immigration and Nationality Act (8 

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1 plying for such permanent resident status on a con2 ditional basis, as appropriate, may not return to 

3 such temporary protected status if— 

4 (A) the relevant designation under section 

5 244(b) of the Immigration and Nationality Act 

6 (8 U.S.C. 1254a(b)) has been terminated; or 

7 (B) the Secretary determines that the rea8 son for terminating the permanent resident sta9 tus on a conditional basis renders the alien in10 eligible for such temporary protected status. 

11 SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMA12 NENT RESIDENT STATUS. 

13 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

14 BASIS.— 

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

16 the Secretary shall remove the conditional basis of 

17 an alien’s permanent resident status granted under 

18 this title and grant the alien status as an alien law19 fully admitted for permanent residence if the alien— 

20 (A) is described in section 102(b)(1)(C), 

21 subject to paragraphs (2) and (3) of that sec22 tion 102(b); 

23 (B) has not abandoned the alien’s resi24 dence in the United States; and 


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1 (C)(i) has acquired a degree from an insti2 tution of higher education or has completed at 

3 least 2 years, in good standing, in a postsec4 ondary vocational program or in a program for 

5 a bachelor’s degree or higher degree in the 

6 United States; 

7 (ii) has served in the Uniformed Services 

8 for at least the period for which the alien was 

9 obligated to serve on active duty and, if dis10 charged, received an honorable discharge; or 

11 (iii) has been employed for periods totaling 

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

13 time that the alien has had a valid employment 

14 authorization, except that any period during 

15 which the alien is not employed while having a 

16 valid employment authorization and is enrolled 

17 in an institution of higher education, a sec18 ondary school, or an education program de19 scribed in section 102(b)(1)(D)(iii), shall not 

20 count toward the time requirements under this 

21 clause. 

22 (2) HARDSHIP EXCEPTION.—The Secretary 

23 shall remove the conditional basis of an alien’s per24 manent resident status and grant the alien status as 


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1 an alien lawfully admitted for permanent residence 

2 if the alien— 

3 (A) satisfies the requirements under sub4 paragraphs (A) and (B) of paragraph (1); 

5 (B) demonstrates compelling circumstances 

6 for the inability to satisfy the requirements 

7 under subparagraph (C) of such paragraph; and 

8 (C) demonstrates that— 

9 (i) the alien has a disability; 

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

11 a minor child; or 

12 (iii) the removal of the alien from the 

13 United States would result in extreme 

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

15 parent, or child who is a national of the 

16 United States or is lawfully admitted for 

17 permanent residence. 

18 (3) CITIZENSHIP REQUIREMENT.— 

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

20 subparagraph (B), the conditional basis of an 

21 alien’s permanent resident status granted under 

22 this title may not be removed unless the alien 

23 demonstrates that the alien satisfies the re24 quirements under section 312(a) of the Immi25 gration and Nationality Act (8 U.S.C. 1423(a)). 


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

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

3 requirements under such section 312(a) due to 

4 disability. 

5 (4) APPLICATION FEE.— 

6 (A) IN GENERAL.—The Secretary shall re7 quire aliens applying for lawful permanent resi8 dent status under this section to pay a reason9 able fee that is commensurate with the cost of 

10 processing the application. 

11 (B) EXEMPTION.—An applicant may be 

12 exempted from paying the fee required under 

13 subparagraph (A) if the alien— 

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

15 (II) received total income, during the 

16 12-month period immediately preceding the 

17 date on which the alien files an application 

18 under this section, that is less than 150 

19 percent of the poverty line; and 

20 (III) is in foster care or otherwise 

21 lacking any parental or other familial sup22 port; 

23 (ii) is younger than 18 years of age 

24 and is homeless; 


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1 (iii)(I) cannot care for himself or her2 self because of a serious, chronic disability; 

3 and 

4 (II) received total income, during the 

5 12-month period immediately preceding the 

6 date on which the alien files an application 

7 under this section, that is less than 150 

8 percent of the poverty line; or 

9 (iv)(I) during the 12-month period im10 mediately preceding the date on which the 

11 alien files an application under this sec12 tion, the alien accumulated $10,000 or 

13 more in debt as a result of unreimbursed 

14 medical expenses incurred by the alien or 

15 an immediate family member of the alien; 

16 and 

17 (II) received total income, during the 

18 12-month period immediately preceding the 

19 date on which the alien files an application 

20 under this section, that is less than 150 

21 percent of the poverty line. 

22 (5) SUBMISSION OF BIOMETRIC AND BIO23 GRAPHIC DATA.—The Secretary may not remove the 

24 conditional basis of an alien’s permanent resident 

25 status unless the alien submits biometric and bioVerDate Sep 11 2014 03:51 Feb 06, 2018 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2367.IS S2367

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1 graphic data, in accordance with procedures estab2 lished by the Secretary. The Secretary shall provide 

3 an alternative procedure for applicants who are un4 able to provide such biometric data because of a 

5 physical impairment. 

6 (6) BACKGROUND CHECKS.— 

7 (A) REQUIREMENT FOR BACKGROUND

8 CHECKS.—The Secretary shall utilize biometric, 

9 biographic, and other data that the Secretary 

10 determines appropriate— 

11 (i) to conduct security and law en12 forcement background checks of an alien 

13 applying for removal of the conditional 

14 basis of the alien’s permanent resident sta15 tus; and 

16 (ii) to determine whether there is any 

17 criminal, national security, or other factor 

18 that would render the alien ineligible for 

19 removal of such conditional basis. 

20 (B) COMPLETION OF BACKGROUND

21 CHECKS.—The security and law enforcement 

22 background checks of an alien required under 

23 subparagraph (A) shall be completed, to the 

24 satisfaction of the Secretary, before the date on 


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1 which the Secretary removes the conditional 

2 basis of the alien’s permanent resident status. 

3 (b) TREATMENT FOR PURPOSES OF NATURALIZA4 TION.— 

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

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

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

8 on a conditional basis shall be considered to have 

9 been admitted to the United States, and be present 

10 in the United States, as an alien lawfully admitted 

11 for permanent residence. 

12 (2) LIMITATION ON APPLICATION FOR NATU13 RALIZATION.—An alien may not apply for natu14 ralization while the alien is in permanent resident 

15 status on a conditional basis. 

16 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

17 RESIDENCE STATUS.— 

18 (1) IN GENERAL.—An alien granted lawful per19 manent residence on a conditional basis under this 

20 title may apply to have such conditional basis re21 moved at any time after such alien has met the eligi22 bility requirements set forth in subsection (a). 

23 (2) APPROVAL WITH REGARD TO INITIAL APPLI24 CATIONS.—The Secretary shall provide lawful per25 manent residence status without conditional basis to 


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1 any alien who demonstrates eligibility for lawful per2 manent residence status on a conditional basis under 

3 section 102, if such alien has already fulfilled the re4 quirements of subsection (a) at the time such alien 

5 first submits an application for benefits under this 

6 title. 

7 SEC. 105. DOCUMENTATION REQUIREMENTS. 

8 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

9 alien’s application for permanent resident status on a con10 ditional basis may include, as proof of identity— 

11 (1) a passport or national identity document 

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

13 alien’s name and the alien’s photograph or finger14 print; 

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

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

17 (3) a school identification card that includes the 

18 alien’s name and photograph, and school records 

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

20 was enrolled at the school; 

21 (4) a Uniformed Services identification card 

22 issued by the Department of Defense; 

23 (5) any immigration or other document issued 

24 by the United States Government bearing the alien’s 

25 name and photograph; or 


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1 (6) a State-issued identification card bearing 

2 the alien’s name and photograph. 

3 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS4 ICAL PRESENCE IN THE UNITED STATES.—To establish 

5 that an alien has been continuously physically present in 

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

7 or to establish that an alien has not abandoned residence 

8 in the United States, as required under section 

9 104(a)(1)(B), the alien may submit documents to the Sec10 retary, including— 

11 (1) employment records that include the em12 ployer’s name and contact information; 

13 (2) records from any educational institution the 

14 alien has attended in the United States; 

15 (3) records of service from the Uniformed Serv16 ices; 

17 (4) official records from a religious entity con18 firming the alien’s participation in a religious cere19 mony; 

20 (5) passport entries; 

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

22 in the United States; 

23 (7) automobile license receipts or registration; 

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


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1 (9) tax receipts; 

2 (10) insurance policies; 

3 (11) remittance records; 

4 (12) rent receipts or utility bills bearing the 

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

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

7 (13) copies of money order receipts for money 

8 sent in or out of the United States; 

9 (14) dated bank transactions; or 

10 (15) 2 or more sworn affidavits from individ11 uals who are not related to the alien who have direct 

12 knowledge of the alien’s continuous physical pres13 ence in the United States, that contain— 

14 (A) the name, address, and telephone num15 ber of the affiant; and 

16 (B) the nature and duration of the rela17 tionship between the affiant and the alien. 

18 (c) DOCUMENTS ESTABLISHING INITIAL ENTRY

19 INTO THE UNITED STATES.—To establish under section 

20 102(b)(1)(B) that an alien was younger than 18 years of 

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

22 United States, an alien may submit documents to the Sec23 retary, including— 

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


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1 (2) records from any educational institution the 

2 alien has attended in the United States; 

3 (3) any document from the Department of Jus4 tice or the Department of Homeland Security stat5 ing the alien’s date of entry into the United States; 

6 (4) hospital or medical records showing medical 

7 treatment or hospitalization, the name of the med8 ical facility or physician, and the date of the treat9 ment or hospitalization; 

10 (5) rent receipts or utility bills bearing the 

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

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

13 (6) employment records that include the em14 ployer’s name and contact information; 

15 (7) official records from a religious entity con16 firming the alien’s participation in a religious cere17 mony; 

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

19 in the United States; 

20 (9) automobile license receipts or registration; 

21 (10) deeds, mortgages, or rental agreement con22 tracts; 

23 (11) tax receipts; 

24 (12) travel records; 


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

2 out of the country; 

3 (14) dated bank transactions; 

4 (15) remittance records; or 

5 (16) insurance policies. 

6 (d) DOCUMENTS ESTABLISHING ADMISSION TO AN

7 INSTITUTION OF HIGHER EDUCATION.—To establish that 

8 an alien has been admitted to an institution of higher edu9 cation, the alien shall submit to the Secretary a document 

10 from the institution of higher education certifying that the 

11 alien— 

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

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

14 student. 

15 (e) DOCUMENTS ESTABLISHING RECEIPT OF A DE16 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

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

18 institution of higher education in the United States, the 

19 alien shall submit to the Secretary a diploma or other doc20 ument from the institution stating that the alien has re21 ceived such a degree. 

22 (f) DOCUMENTS ESTABLISHING RECEIPT OF HIGH

23 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP24 MENT CERTIFICATE, OR A RECOGNIZED EQUIVALENT.— 

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1 ploma or a commensurate alternative award from a public 

2 or private high school, or has obtained a general edu3 cational development certificate recognized under State 

4 law or a high school equivalency diploma in the United 

5 States, the alien shall submit to the Secretary— 

6 (1) a high school diploma, certificate of comple7 tion, or other alternate award; 

8 (2) a high school equivalency diploma or certifi9 cate recognized under State law; or 

10 (3) evidence that the alien passed a State-au11 thorized exam, including the general educational de12 velopment exam, in the United States. 

13 (g) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

14 EDUCATIONAL PROGRAM.—To establish that an alien is 

15 enrolled in any school or education program described in 

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

17 104(a)(1)(C), the alien shall submit school records from 

18 the United States school that the alien is currently attend19 ing that include— 

20 (1) the name of the school; and 

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

22 current grade or educational level. 

23 (h) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

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


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1 104(a)(4)(B), the alien shall submit to the Secretary the 

2 following relevant documents: 

3 (1) DOCUMENTS TO ESTABLISH AGE.—To es4 tablish that an alien meets an age requirement, the 

5 alien shall provide proof of identity, as described in 

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

7 younger than 18 years of age. 

8 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

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

10 (A) employment records that have been 

11 maintained by the Social Security Administra12 tion, the Internal Revenue Service, or any other 

13 Federal, State, or local government agency; 

14 (B) bank records; or 

15 (C) at least 2 sworn affidavits from indi16 viduals who are not related to the alien and 

17 who have direct knowledge of the alien’s work 

18 and income that contain— 

19 (i) the name, address, and telephone 

20 number of the affiant; and 

21 (ii) the nature and duration of the re22 lationship between the affiant and the 

23 alien. 

24 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

25 LACK OF FAMILIAL SUPPORT, HOMELESSNESS, OR


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1 SERIOUS, CHRONIC DISABILITY.—To establish that 

2 the alien was in foster care, lacks parental or famil3 ial support, is homeless, or has a serious, chronic 

4 disability, the alien shall provide at least 2 sworn af5 fidavits from individuals who are not related to the 

6 alien and who have direct knowledge of the cir7 cumstances that contain— 

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

9 care, otherwise lacks any parental or other fa10 miliar support, is homeless, or has a serious, 

11 chronic disability, as appropriate; 

12 (B) the name, address, and telephone num13 ber of the affiant; and 

14 (C) the nature and duration of the rela15 tionship between the affiant and the alien. 

16 (4) DOCUMENTS TO ESTABLISH UNPAID MED17 ICAL EXPENSE.—To establish that the alien has debt 

18 as a result of unreimbursed medical expenses, the 

19 alien shall provide receipts or other documentation 

20 from a medical provider that— 

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

22 (B) bear the name of the individual receiv23 ing treatment; and 

24 (C) document that the alien has accumu25 lated $10,000 or more in debt in the past 12 


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1 months as a result of unreimbursed medical ex2 penses incurred by the alien or an immediate 

3 family member of the alien. 

4 (i) DOCUMENTS ESTABLISHING QUALIFICATION FOR

5 HARDSHIP EXEMPTION.—To establish that an alien satis6 fies one of the criteria for the hardship exemption set forth 

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

8 Secretary at least 2 sworn affidavits from individuals who 

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

10 of the circumstances that warrant the exemption, that 

11 contain— 

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

13 the affiant; and 

14 (2) the nature and duration of the relationship 

15 between the affiant and the alien. 

16 (j) DOCUMENTS ESTABLISHING SERVICE IN THE

17 UNIFORMED SERVICES.—To establish that an alien has 

18 served in the Uniformed Services for at least the period 

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

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

21 alien shall submit to the Secretary— 

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

23 (2) a National Guard Report of Separation and 

24 Record of Service form 22; 


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1 (3) personnel records for such service from the 

2 appropriate Uniformed Service; or 

3 (4) health records from the appropriate Uni4 formed Service. 

5 (k) DOCUMENTS ESTABLISHING EMPLOYMENT.— 

6 (1) IN GENERAL.—An alien may satisfy the em7 ployment requirement under section 

8 104(a)(1)(C)(iii) by submitting records that— 

9 (A) establish compliance with such employ10 ment requirement; and 

11 (B) have been maintained by the Social Se12 curity Administration, the Internal Revenue 

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

14 government agency. 

15 (2) OTHER DOCUMENTS.—An alien who is un16 able to submit the records described in paragraph 

17 (1) may satisfy the employment requirement by sub18 mitting at least 2 types of reliable documents that 

19 provide evidence of employment, including— 

20 (A) bank records; 

21 (B) business records; 

22 (C) employer records; 

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

24 center, or organization that assists workers in 

25 employment; 


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1 (E) sworn affidavits from individuals who 

2 are not related to the alien and who have direct 

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

4 (i) the name, address, and telephone 

5 number of the affiant; and 

6 (ii) the nature and duration of the re7 lationship between the affiant and the 

8 alien; and 

9 (F) remittance records. 

10 (l) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC11 UMENTS.—If the Secretary determines, after publication 

12 in the Federal Register and an opportunity for public com13 ment, that any document or class of documents does not 

14 reliably establish identity or that permanent resident sta15 tus on a conditional basis is being obtained fraudulently 

16 to an unacceptable degree, the Secretary may prohibit or 

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

18 SEC. 106. RULEMAKING. 

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

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

21 shall publish regulations implementing this title in the 

22 Federal Register. Such regulations shall allow eligible indi23 viduals to immediately apply affirmatively for the relief 

24 available under section 102 without being placed in re25 moval proceedings. 


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1 (b) INTERIM REGULATIONS.—Notwithstanding sec2 tion 553 of title 5, United States Code, the regulations 

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

4 an interim basis, immediately upon publication in the Fed5 eral Register, but may be subject to change and revision 

6 after public notice and opportunity for a period of public 

7 comment. 

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

9 after the date on which interim regulations are published 

10 under this section, the Secretary shall publish final regula11 tions implementing this title. 

12 (d) PAPERWORK REDUCTION ACT.—The require13 ments under chapter 35 of title 44, United States Code 

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

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

16 SEC. 107. CONFIDENTIALITY OF INFORMATION. 

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

18 or use information provided in applications filed under this 

19 title or in requests for DACA for the purpose of immigra20 tion enforcement. 

21 (b) REFERRALS PROHIBITED.—The Secretary may 

22 not refer any individual who has been granted permanent 

23 resident status on a conditional basis or who was granted 

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


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

2 either such entity. 

3 (c) LIMITED EXCEPTION.—Notwithstanding sub4 sections (a) and (b), information provided in an applica5 tion for permanent resident status on a conditional basis 

6 or a request for DACA may be shared with Federal secu7 rity and law enforcement agencies— 

8 (1) for assistance in the consideration of an ap9 plication for permanent resident status on a condi10 tional basis; 

11 (2) to identify or prevent fraudulent claims; 

12 (3) for national security purposes; or 

13 (4) for the investigation or prosecution of any 

14 felony not related to immigration status. 

15 (d) PENALTY.—Any person who knowingly uses, pub16 lishes, or permits information to be examined in violation 

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

18 SEC. 108. RESTORATION OF STATE OPTION TO DETERMINE 

19 RESIDENCY FOR PURPOSES OF HIGHER EDU20 CATION BENEFITS. 

21 (a) IN GENERAL.—Section 505 of the Illegal Immi22 gration Reform and Immigrant Responsibility Act of 1996 

23 (8 U.S.C. 1623) is repealed. 

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

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1 ment of the Illegal Immigration Reform and Immigrant 

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

3 208; 110 Stat. 3009–546). 

4 TITLE II—SECURE MILES WITH 

5 ALL RESOURCES AND TECH6 NOLOGY 

7 SEC. 201. DEFINITIONS. 

8 In this title: 

9 (1) OPERATIONAL CONTROL.—The term ‘‘oper10 ational control’’ has the meaning given such term in 

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

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

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

14 the Secretary of Homeland Security. 

15 (3) SITUATIONAL AWARENESS.—The term ‘‘sit16 uational awareness’’ has the meaning given the term 

17 in section 1092(a)(7) of the National Defense Au18 thorization Act for Fiscal Year 2017 (Public Law 

19 114–328). 

20 (4) SOUTHERN BORDER.—The term ‘‘southern 

21 border’’ means the international border between the 

22 United States and Mexico. 


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1 Subtitle A—Infrastructure and 

2 Equipment 

3 SEC. 211. STRENGTHENING THE REQUIREMENTS FOR BOR4 DER SECURITY TECHNOLOGY ALONG THE 

5 SOUTHERN BORDER. 

6 Section 102 of the Illegal Immigration Reform and 

7 Immigrant Responsibility Act of 1996 (Division C of Pub8 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

9 (1) in subsection (a)— 

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

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

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

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

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

15 high traffic areas’’; 

16 (2) in subsection (c)(1), by inserting ‘‘and, pur17 suant to subsection (d), the installation, operation, 

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

19 roads’’; and 

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

21 ‘‘(d) INSTALLATION, OPERATION, AND MAINTE22 NANCE OF TECHNOLOGY.—Not later than January 20, 

23 2021, the Secretary of Homeland Security, in carrying out 

24 subsection (a), shall deploy the most practical and effec25 tive technology available along the United States border 


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1 for achieving situational awareness and operational con2 trol of the border. 

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

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

5 traffic areas’ means sectors along the northern, 

6 southern, or coastal border that— 

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

8 Customs and Border Protection; and 

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

10 activity. 

11 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper12 ational control’ has the meaning given such term in 

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

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

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

16 term ‘situational awareness’ has the meaning given 

17 such term in section 1092(a)(7) of the National De18 fense Authorization Act for Fiscal Year 2017 (Pub19 lic Law 114–328). 

20 ‘‘(4) TECHNOLOGY.—The term ‘technology’ in21 cludes border surveillance and detection technology, 

22 including— 

23 ‘‘(A) radar surveillance systems; 

24 ‘‘(B) Vehicle and Dismount Exploitation 

25 Radars (VADER); 


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1 ‘‘(C) 3-dimensional, seismic acoustic detec2 tion and ranging border tunneling detection 

3 technology; 

4 ‘‘(D) sensors; 

5 ‘‘(E) unmanned cameras; 

6 ‘‘(F) man-portable and mobile vehicle7 mounted unmanned aerial vehicles; and 

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

9 found to be more effective or advanced than 

10 those specified in subparagraphs (A) through 

11 (F).’’. 

12 SEC. 212. COMPREHENSIVE SOUTHERN BORDER STRATEGY. 

13 (a) REQUIREMENT.—Not later than 1 year after the 

14 date of the enactment of this Act, the Secretary shall sub15 mit a comprehensive southern border strategy to the Com16 mittee on Homeland Security and Governmental Affairs 

17 of the Senate and the Committee on Homeland Security 

18 of the House of Representatives. 

19 (b) CONTENTS.—The strategy submitted under sub20 section (a) shall include— 

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

22 technologies, tools, and other devices that can be 

23 used to achieve and maintain situational awareness 

24 and operational control along the southern border; 


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

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

3 device included on the list required under paragraph 

4 (1); 

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

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

7 Secretary believes is necessary to achieve and main8 tain situational awareness and operational control 

9 for each linear mile of the southern border; 

10 (4) an explanation for why such physical bar11 rier, levee, technology, tool, or other device was cho12 sen to achieve and maintain situational awareness 

13 and operational control for each linear mile of the 

14 southern border, including— 

15 (A) the methodology used to determine 

16 which type of physical barrier, levee, technology, 

17 tool, or other device was chosen for such linear 

18 mile; 

19 (B) an examination of existing manmade 

20 and natural barriers for each linear mile of the 

21 southern border; 

22 (C) the information collected and evaluated 

23 from— 

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

25 Border Protection Sector Chief; 


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1 (ii) the Joint Task Force Commander; 

2 (iii) the appropriate State Governor; 

3 (iv) tribal government officials; 

4 (v) border county and city elected offi5 cials; 

6 (vi) local law enforcement officials; 

7 (vii) private property owners; 

8 (viii) local community groups, includ9 ing human rights organizations; and 

10 (ix) other affected stakeholders; and 

11 (D) a privacy evaluation conducted by the 

12 Privacy Officer of the Department of Homeland 

13 Security, in accordance with the responsibilities 

14 and authorities under section 222 of the Home15 land Security Act of 2002 (6 U.S.C. 142), for 

16 each such physical barrier, levee, technology, 

17 tool, or other device; 

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

19 mile of the southern border given the type of phys20 ical barrier, levee, technology, tool, or other device 

21 chosen to achieve and maintain situational aware22 ness and operational control for each linear mile; 

23 and 

24 (6) a cost justification for each time a more ex25 pensive physical barrier, levee, technology, tool, or 


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1 other device is chosen over a less expensive option, 

2 as established by the per mile cost estimates re3 quired in paragraph (2). 

4 SEC. 213. CONTROL OR ERADICATION OF CARRIZO CANE 

5 AND SALT CEDAR. 

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

7 coordinating with the heads of relevant Federal, State, 

8 and local agencies, shall begin controlling or eradicating, 

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

10 along the Rio Grande River and the Lower Colorado 

11 River. 

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

13 (a) INCREASED FLIGHT HOURS.—The Secretary 

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

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

16 Customs and Border Protection, with adequate account17 ability and oversight, including strong privacy protections. 

18 (b) UNMANNED AERIAL SYSTEM.—The Secretary 

19 shall ensure that Air and Marine Operations operate un20 manned aerial systems for not less than 24 hours per day 

21 for not fewer than 5 days per week. 

22 (c) STUDY AND REPORT.— 

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

24 date of the enactment of this Act, the Secretary 

25 shall commence a comprehensive study— 


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1 (A) to identify deficiencies and opportuni2 ties for improvement in the capability of Air 

3 and Marine Operations to fulfill air and marine 

4 support requirements for the U.S. Border Pa5 trol and other components of the Department of 

6 Homeland Security, including support in critical 

7 source and transit zones; 

8 (B) to assess whether such requirements 

9 could better be fulfilled through the realignment 

10 of Air and Marine Operations as a directorate 

11 of the U.S. Border Patrol; and 

12 (C) to identify deficiencies and opportuni13 ties for improvement in the capabilities of the 

14 U.S. Border Patrol and other departmental 

15 components to develop rigorous estimates of 

16 such requirements. 

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

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

19 shall submit a report to the Committee on Home20 land Security and Governmental Affairs of the Sen21 ate and the Committee on Homeland Security of the 

22 House of Representatives that contains the results 

23 of the study required under paragraph (1), including 

24 recommendations and timeframes for implementing 

25 the recommendations contained in such study. 


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1 SEC. 215. PORTS OF ENTRY INFRASTRUCTURE. 

2 (a) ADDITIONAL PORTS OF ENTRY.— 

3 (1) AUTHORITY.—The Secretary may construct 

4 new ports of entry along the northern border and 

5 the southern border and determine the location of 

6 any such new ports of entry. 

7 (2) CONSULTATION.— 

8 (A) REQUIREMENT TO CONSULT.—The 

9 Secretary shall consult with the Secretary of 

10 the Interior, the Secretary of Agriculture, the 

11 Administrator of General Services, and appro12 priate representatives of State and local govern13 ments, tribal governments, community groups, 

14 and property owners in the United States prior 

15 to selecting a location for any new port con16 structed pursuant to paragraph (1). 

17 (B) CONSIDERATIONS.—The purpose of 

18 the consultations required by subparagraph (A) 

19 shall be to minimize any negative impacts of 

20 any proposed new port on the environment, cul21 ture, commerce, and quality of life of the com22 munities and residents located near such new 

23 port. 

24 (b) EXPANSION AND MODERNIZATION OF HIGH-VOL25 UME SOUTHERN BORDER PORTS OF ENTRY.—Not later 

26 than September 30, 2018, the Secretary shall submit a 


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1 plan to the Committee on Homeland Security and Govern2 mental Affairs of the Senate, the Committee on Com3 merce, Science, and Transportation of the Senate, the 

4 Committee on Homeland Security of the House of Rep5 resentatives, and the Committee on Transportation and 

6 Infrastructure of the House of Representatives for ex7 panding the primary and secondary inspection lanes for 

8 vehicle, cargo, and pedestrian inbound and outbound in9 spection lanes at the top ten high-volume ports of entry 

10 on the southern border, as determined by the Secretary. 

11 (c) ESTIMATES OF INSPECTION PROCESSING GOALS

12 AND WAIT-TIME STANDARDS.—The plan required under 

13 subsection (b) shall be based on estimates by the Secretary 

14 of the number of such inspection lanes required to meet 

15 inspection processing goals and wait-time standards estab16 lished by the Secretary. 

17 (d) PORT OF ENTRY PRIORITIZATION.—The Sec18 retary shall complete the expansion and modernization of 

19 ports of entry pursuant to subsection (b), to the extent 

20 practicable, before constructing any new ports of entry 

21 pursuant to subsection (a). 


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1 Subtitle B—Grants 

2 SEC. 221. OPERATION STONEGARDEN. 

3 (a) IN GENERAL.—Subtitle A of title XX of the 

4 Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 

5 is amended by adding at the end the following: 

6 ‘‘SEC. 2009. OPERATION STONEGARDEN. 

7 ‘‘(a) ESTABLISHMENT.—There is established in the 

8 Department a program, which shall be known as ‘Oper9 ation Stonegarden’, under which the Secretary, acting 

10 through the Administrator, shall make grants to eligible 

11 law enforcement agencies, through the State administra12 tive agency, to enhance border security in accordance with 

13 this section. 

14 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re15 ceive a grant under this section, a law enforcement agen16 cy— 

17 ‘‘(1) shall be located in— 

18 ‘‘(A) a State bordering Canada or Mexico; 

19 or 

20 ‘‘(B) a State or territory with a maritime 

21 border; and 

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

23 U.S. Customs and Border Protection operation co24 ordinated through a sector or field office. 


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

2 under this section may use such grant for— 

3 ‘‘(1) equipment, including maintenance and 

4 sustainment costs; 

5 ‘‘(2) any cost or activity permitted for Oper6 ation Stonegarden under the Department of Home7 land Security’s Fiscal Year 2017 Homeland Security 

8 Grant Program Notice of Funding Opportunity; and 

9 ‘‘(3) any other appropriate border security ac10 tivity, as determined by the Administrator, in con11 sultation with the Commissioner of U.S. Customs 

12 and Border Protection. 

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

14 shall award grants under this section to grant recipients 

15 for a period of not less than 3 years. 

16 ‘‘(e) REPORT.—The Administrator shall submit an 

17 annual report, for each of the fiscal years 2018 through 

18 2022, to the Committee on Homeland Security and Gov19 ernmental Affairs of the Senate and the Committee on 

20 Homeland Security of the House of Representatives that 

21 contains information on the expenditure of grants made 

22 under this section by each grant recipient. 

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

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


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1 of the fiscal years 2018 through 2022 for grants under 

2 this section.’’. 

3 (b) CONFORMING AMENDMENT.—Section 2002(a) of 

4 the Homeland Security Act of 2002 (6 U.S.C. 603) is 

5 amended to read as follows: 

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

7 the Administrator, may award grants under sections 2003, 

8 2004, and 2009 to State, local, and tribal governments, 

9 as appropriate.’’. 

10 (c) CLERICAL AMENDMENT.—The table of contents 

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

12 amended by inserting after the item relating to section 

13 2008 the following: 

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

14 SEC. 222. SOUTHERN BORDER REGION EMERGENCY COM15 MUNICATIONS GRANT. 

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

17 with the Governors of the States that are adjacent to the 

18 southern border, shall establish a 2-year grant program 

19 to improve emergency communications in the southern 

20 border region. 

21 (b) ELIGIBILITY FOR GRANTS.—An individual is eli22 gible for a grant under this section if the individual— 

23 (1) regularly resides or works in a State that is 

24 adjacent to the southern border; and 


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

2 a lack of cellular and LTE network service at the in3 dividual’s residence or business and the individual’s 

4 proximity to the southern border. 

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

6 section may be used to purchase satellite telephone com7 munications systems and services that— 

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

9 (2) are equipped with receivers for the Global 

10 Positioning System. 

11 TITLE III—REDUCING SIGNIFI12 CANT DELAYS IN IMMIGRA13 TION COURT 

14 SEC. 301. ELIMINATE IMMIGRATION COURT BACKLOGS. 

15 (a) ANNUAL INCREASES IN IMMIGRATION JUDGES.— 

16 The Attorney General of the United States shall increase 

17 the total number of immigration judges to adjudicate 

18 pending cases and efficiently process future cases by not 

19 fewer than— 

20 (1) 55 judges during fiscal year 2018; 

21 (2) an additional 55 judges during fiscal year 

22 2019; and 

23 (3) an additional 55 judges during fiscal year 

24 2020. 


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1 (b) QUALIFICATIONS OF IMMIGRATION JUDGES.— 

2 The Attorney General shall ensure that all newly hired im3 migration judges— 

4 (1) are highly qualified and trained to conduct 

5 fair, impartial hearings consistent with due process; 

6 and 

7 (2) represent a diverse pool of individuals that 

8 includes a balance of individuals with nongovern9 mental, private bar, or academic experience in addi10 tion to government experience. 

11 (c) NECESSARY SUPPORT STAFF FOR IMMIGRATION

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

13 immigration judges, the Attorney General shall ensure 

14 that each immigration judge has sufficient support staff, 

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

17 (d) ANNUAL INCREASES IN BOARD OF IMMIGRATION

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

20 attorneys (including necessary additional support staff) to 

21 efficiently process cases by at least— 

22 (1) 23 attorneys during fiscal year 2018; 

23 (2) an additional 23 attorneys during fiscal 

24 year 2019; and 


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1 (3) an additional 23 attorneys during fiscal 

2 year 2020. 

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

4 United States shall— 

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

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

8 (2) propose solutions to Congress for improving 

9 the efficiency of the hiring process. 

10 SEC. 302. IMPROVED TRAINING FOR IMMIGRATION JUDGES 

11 AND MEMBERS OF THE BOARD OF IMMIGRA12 TION APPEALS. 

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

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

18 (b) MANDATORY TRAINING.—Training facilitated 

19 under subsection (a) shall include— 

20 (1) an expansion of the training program for 

21 new immigration judges and Board members; 

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

24 available training resources and an annual con25 ference; 


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1 (3) methods to ensure that immigration judges 

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

4 on-bench reference materials and decision templates; 

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

7 of domestic violence, sexual assault, or trafficking 

8 and individuals with mental disabilities in partner9 ship with the National Council of Juvenile and Fam10 ily Court Judges; and 

11 (5) specialized training in child interviewing, 

12 child psychology, and child trauma in partnership 

13 with the National Council of Juvenile and Family 

14 Court Judges for Immigration Judges. 

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

17 The Director of the Executive Office for Immigration 

18 Review shall modernize its case management and related 

19 electronic systems, including allowing for electronic filing, 

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


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1 TITLE IV—ADVANCING REFORMS 

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

5 SEC. 401. DEFINITIONS. 

6 In this title: 

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

9 Guatemala, and Honduras. 

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

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

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

15 representing a comprehensive approach to address 

16 the complex situation in the Northern Triangle. 

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

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

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

23 date of the enactment of this Act, the President shall des24 ignate a senior official (referred to in this section as the 

25 ‘‘Coordinator’’)— 


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1 (1) to coordinate the efforts of the Federal Gov2 ernment under this title; and 

3 (2) to coordinate the efforts of international 

4 partners— 

5 (A) to strengthen citizen security, the rule 

6 of law, and economic prosperity in Central 

7 America; and 

8 (B) to protect vulnerable populations in 

9 the region. 

10 (b) SUPERVISION.—The Coordinator shall report di11 rectly to the President. 

12 (c) DUTIES.—The Coordinator shall coordinate the 

13 efforts, activities, and programs related to United States 

14 engagement in Central America under this title, includ15 ing— 

16 (1) coordinating with the Department of State, 

17 the Department of Justice (including the Federal 

18 Bureau of Investigation), the Department of Home19 land Security, the intelligence community, and inter20 national partners regarding United States efforts to 

21 confront armed criminal gangs, illicit trafficking net22 works, and organized crime responsible for high lev23 els of violence, extortion, and corruption in Central 

24 America; 


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1 (2) coordinating with the Department of State, 

2 the United States Agency for International Develop3 ment, and international partners regarding United 

4 States efforts to prevent and mitigate the effects of 

5 violent criminal gangs and transnational criminal or6 ganizations on vulnerable Central American popu7 lations, including women and children; 

8 (3) coordinating with the Department of State, 

9 the Department of Homeland Security, and inter10 national partners regarding United States efforts to 

11 counter human smugglers illegally transporting Cen12 tral American migrants to the United States; 

13 (4) coordinating with the Department of State, 

14 the Department of Homeland Security, the United 

15 States Agency for International Development, and 

16 international partners, including the United Nations 

17 High Commissioner for Refugees, to increase protec18 tions for vulnerable Central American populations, 

19 improve refugee processing, and strengthen asylum 

20 systems throughout the region; 

21 (5) coordinating with the Department of State, 

22 the Department of Defense, the Department of Jus23 tice (including the Drug Enforcement Administra24 tion), the Department of the Treasury, the intel25 ligence community, and international partners reVerDate Sep 11 2014 03:51 Feb 06, 2018 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S2367.IS S2367

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1 garding United States efforts to combat illicit nar2 cotics traffickers, interdict transshipments of illicit 

3 narcotics, and disrupt the financing of the illicit nar4 cotics trade; 

5 (6) coordinating with the Department of State, 

6 the Department of the Treasury, the Department of 

7 Justice, the intelligence community, the United 

8 States Agency for International Development, and 

9 international partners regarding United States ef10 forts to combat corruption, money laundering, and 

11 illicit financial networks; 

12 (7) coordinating with the Department of State, 

13 the Department of Justice, the United States Agen14 cy for International Development, and international 

15 partners regarding United States efforts to strength16 en the rule of law, democratic governance, and 

17 human rights protections; and 

18 (8) coordinating with the Department of State, 

19 the Department of Agriculture, the United States 

20 Agency for International Development, the Overseas 

21 Private Investment Corporation, the United States 

22 Trade and Development Agency, the Department of 

23 Labor, and international partners, including the 

24 Inter-American Development Bank, to strengthen 

25 the foundation for inclusive economic growth and 


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1 improve food security, investment climate, and pro2 tections for labor rights. 

3 (d) CONSULTATION.—The Coordinator shall consult 

4 with Congress, multilateral organizations and institutions, 

5 foreign governments, and domestic and international civil 

6 society organizations in carrying out this section. 

7 Subtitle B—Targeting Assistance to 

8 Appropriate Communities in the 

9 Northern Triangle 

10 SEC. 421. TARGETING ASSISTANCE TO APPROPRIATE COM11 MUNITIES. 

12 Not later than 1 year after the date of the enactment 

13 of this Act and annually thereafter for each of the 5 suc14 ceeding years, the Comptroller General of the United 

15 States shall submit a report to the Committee on Foreign 

16 Relations of the Senate, the Committee on Appropriations 

17 of the Senate, the Committee on Foreign Affairs of the 

18 House of Representatives, and the Committee on Appro19 priations of the House of Representatives that contains— 

20 (1) raw data on the number of children migrat21 ing to the United States from each community or 

22 geographic area in the Northern Triangle; 

23 (2) an assessment of whether United States for24 eign assistance to the Northern Triangle is effecVerDate Sep 11 2014 03:51 Feb 06, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2367.IS S2367

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1 tively reaching the communities and geographic 

2 areas from which children are migrating; and 

3 (3) an assessment of the extent to which the 

4 Department of State and the United States Agency 

5 for International Development are adjusting pro6 gramming in the Northern Triangle as migration 

7 patterns shift. 

8 Subtitle C—Regional Millennium 

9 Challenge Corporation Compacts 

10 SEC. 431. MILLENNIUM CHALLENGE CORPORATION COM11 PACTS. 

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

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

14 amended— 

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

16 following: ‘‘The Board may enter into a Compact 

17 with more than 1 eligible country in a region if the 

18 Board determines that a regional development strat19 egy would further regional development objectives.’’; 

20 (2) in subsection (k)— 

21 (A) by striking the first sentence; and 

22 (B) by striking ‘‘the existing’’ and insert23 ing ‘‘an existing’’; and 

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


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

2 the requirements under this Act, an eligible country and 

3 the United States may enter into and have in effect more 

4 than 1 Compact at any given time, including a concurrent 

5 Compact for purposes of regional economic integration or 

6 cross-border collaborations, only if the Board determines 

7 that such country is making considerable and demon8 strable progress in implementing the terms of the existing 

9 Compact and any supplementary agreements to such Com10 pact.’’. 

11 (b) CONFORMING AMENDMENTS.—The Millennium 

12 Challenge Act of 2003 (22 U.S.C. 7701 et seq.; title VI 

13 of Public Law 108–199) is amended— 

14 (1) in section 609(b) (22 U.S.C. 7708(b))— 

15 (A) in paragraph (1)— 

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘the national devel18 opment strategy of the eligible country’’ 

19 and inserting ‘‘the national or regional de20 velopment strategy of the country or coun21 tries’’; and 

22 (ii) in subparagraphs (A), (B), (E), 

23 and (J), by inserting ‘‘or countries’’ after 

24 ‘‘country’’ each place such term appears; 

25 and 


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1 (B) in paragraph (3)— 

2 (i) by inserting ‘‘or regional develop3 ment strategy’’ after ‘‘national develop4 ment strategy’’; and 

5 (ii) by inserting ‘‘or governments of 

6 the countries in the case of regional invest7 ments’’ after ‘‘government of the country’’; 

8 and 

9 (2) in section 613(b)(2)(A) (22 U.S.C. 

10 7712(b)(2)(A)) by striking ‘‘the Compact’’ and in11 serting ‘‘any Compact’’. 

12 Subtitle D—United States Leader13 ship for Engaging International 

14 Donors and Partners 

15 SEC. 441. REQUIREMENT FOR STRATEGY TO SECURE SUP16 PORT OF INTERNATIONAL DONORS AND 

17 PARTNERS. 

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

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

20 shall submit a 3-year strategy to the appropriate congres21 sional committees that— 

22 (1) describes how the United States will secure 

23 support from international donors and regional part24 ners (including Colombia and Mexico) for the imple25 mentation of the Plan; 


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1 (2) identifies governments that are willing to 

2 provide financial and technical assistance for the im3 plementation of the Plan and a description of such 

4 assistance; and 

5 (3) identifies the financial and technical assist6 ance to be provided by multilateral institutions, in7 cluding the Inter-American Development Bank, the 

8 World Bank, the International Monetary Fund, the 

9 Andean Development Corporation–Development 

10 Bank of Latin America, and the Organization of 

11 American States, and a description of such assist12 ance. 

13 (b) DIPLOMATIC ENGAGEMENT AND COORDINA14 TION.—The Secretary of State, in coordination with the 

15 Secretary of the Treasury, as appropriate, shall— 

16 (1) carry out diplomatic engagement to secure 

17 contributions of financial and technical assistance 

18 from international donors and partners in support of 

19 the Plan; and 

20 (2) take all necessary steps to ensure effective 

21 cooperation among international donors and part22 ners supporting the Plan. 

23 (c) REPORT.—Not later than 1 year after submitting 

24 the strategy required under subsection (a), the Secretary 


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1 of State shall submit a report to the appropriate congres2 sional committees that describes— 

3 (1) the progress made in implementing the 

4 strategy; and 

5 (2) the financial and technical assistance pro6 vided by international donors and partners, includ7 ing the multilateral institutions specified in sub8 section (a)(3). 

9 (d) BRIEFINGS.—Upon a request from any of the ap10 propriate congressional committees, the Secretary of State 

11 shall provide a briefing to such committee that describes 

12 the progress made in implementing the strategy required 

13 under subsection (a). 

14 (e) DEFINED TERM.—In this section, the term ‘‘ap15 propriate congressional committees’’ means— 

16 (1) the Committee on Foreign Relations of the 

17 Senate; 

18 (2) the Committee on Appropriations of the 

19 Senate; 

20 (3) the Committee on Foreign Affairs of the 

21 House of Representatives; and 

22 (4) the Committee on Appropriations of the 

23 House of Representatives. 

Æ 


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