II 

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. 

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 ‘‘Security, Enforcement, and Compassion United in Re6 form Efforts Act’’ or the ‘‘SECURE Act of 2017’’. 


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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—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. 


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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. 


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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. 


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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. 


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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. 


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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. 

1 TITLE I—BUILDING AMERICA’S 

2 TRUST ACT 

3 SEC. 1001. SHORT TITLE. 

4 This title may be cited as the ‘‘Building America’s 

5 Trust Act’’. 


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1 Subtitle A—Border Security 

2 SEC. 1101. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Border Security 

4 for America Act of 2017’’. 

5 SEC. 1102. DEFINITIONS. 

6 In this subtitle: 

7 (1) ADVANCED UNATTENDED SURVEILLANCE

8 SENSORS.—The term ‘‘advanced unattended surveil9 lance sensors’’ means sensors that utilize an onboard 

10 computer to analyze detections in an effort to dis11 cern between vehicles, humans, and animals, and ul12 timately filter false positives prior to transmission. 

13 (2) APPROPRIATE CONGRESSIONAL COM14 MITTEE.—The term ‘‘appropriate congressional com15 mittee’’ has the meaning given the term in section 

16 2(2) of the Homeland Security Act of 2002 (6 

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

18 (3) COMMISSIONER.—The term ‘‘Commis19 sioner’’ means the Commissioner of U.S. Customs 

20 and Border Protection. 

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

22 traffic areas’’ has the meaning given the term in sec23 tion 102(e)(1) of the Illegal Immigration Reform 

24 and Immigrant Responsibility Act of 1996, as 

25 amended by section 1111 of this Act. 


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1 (5) OPERATIONAL CONTROL.—The term ‘‘oper2 ational control’’ has the meaning given the term in 

3 section 2(b) of the Secure Fence Act of 2006 (Public 

4 Law 109–367; 8 U.S.C. 1701 note). 

5 (6) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (7) SITUATIONAL AWARENESS.—The term ‘‘sit8 uational awareness’’ has the meaning given the term 

9 in section 1092(a)(7) of the National Defense Au10 thorization Act for Fiscal Year 2017 (Public Law 

11 114–328; 6 U.S.C. 223(a)(7)). 

12 (8) TRANSIT ZONE.—The term ‘‘transit zone’’ 

13 has the meaning given the term in section 

14 1092(a)(8) of the National Defense Authorization 

15 Act for Fiscal Year 2017 (Public Law 114–328; 6 

16 U.S.C. 223(a)(7)). 

17 CHAPTER 1—INFRASTRUCTURE AND 

18 EQUIPMENT 

19 SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR20 RIERS ALONG THE SOUTHERN BORDER. 

21 Section 102 of the Illegal Immigration Reform and 

22 Immigrant Responsibility Act of 1996 (Division C of Pub23 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

24 (1) by amending subsection (a) to read as fol25 lows: 


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1 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se2 curity shall take such actions as may be necessary (includ3 ing the removal of obstacles to detection of illegal en4 trants) to construct, install, deploy, operate, and maintain 

5 tactical infrastructure and technology in the vicinity of the 

6 United States border to achieve situational awareness and 

7 operational control of the border and deter, impede, and 

8 detect illegal activity in high traffic areas.’’; 

9 (2) in subsection (b)— 

10 (A) in the subsection heading, by striking 

11 ‘‘FENCING’’ and inserting ‘‘PHYSICAL BAR12 RIERS’’; 

13 (B) in paragraph (1)— 

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

15 ‘‘situational awareness and’’ before ‘‘oper16 ational control’’; and 

17 (ii) by amending subparagraph (B) to 

18 read as follows: 

19 ‘‘(B) TACTICAL INFRASTRUCTURE.— 

20 ‘‘(i) IN GENERAL.—Not later than 

21 January 20, 2021, the Secretary of Home22 land Security, in carrying out subsection 

23 (a), shall deploy along the United States 

24 border the most practical and effective tac25 tical infrastructure available for achieving 


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1 situational awareness and operational con2 trol of the border. 

3 ‘‘(ii) EXCEPTION FOR CERTAIN TAC4 TICAL INFRASTRUCTURE.—The deployment 

5 of tactical infrastructure under this sub6 paragraph shall not apply in areas along 

7 the border where natural terrain features, 

8 natural barriers, or the remoteness of such 

9 area would make deployment ineffective, as 

10 determined by the Secretary, for the pur11 poses of gaining situational awareness or 

12 operational control of such areas.’’; and 

13 (iii) in subparagraph (C)— 

14 (I) by amending clause (i) to 

15 read as follows: 

16 ‘‘(i) IN GENERAL.—In carrying out 

17 this section, the Secretary of Homeland 

18 Security, before deploying tactical infra19 structure in a specific area or region, shall 

20 consult with the Secretary of the Interior, 

21 the Secretary of Agriculture, the Governors 

22 of each State on the southern land border 

23 or the northern land border, other States, 

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1 toms and Border Protection, relevant Fed2 eral, State, local, and tribal agencies that 

3 have jurisdiction on the southern land bor4 der or in the maritime environment along 

5 the southern border, and private property 

6 owners in the United States to minimize 

7 the impact on the environment, culture, 

8 commerce, quality of life for the commu9 nities and residents located near the sites 

10 at which physical barriers, tactical infra11 structure, and technology are to be con12 structed.’’; 

13 (II) by redesignating clause (ii) 

14 as clause (iii); and 

15 (III) by inserting after clause (i), 

16 as amended, the following: 

17 ‘‘(ii) NOTIFICATION.—Not later than 

18 60 days after the completion of the con19 sultation required under clause (i), the 

20 Secretary of Homeland Security shall no21 tify the Committee on Homeland Security 

22 of the House of Representatives and the 

23 Committee on Homeland Security and 

24 Governmental Affairs of the Senate of the 

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1 nology that the Secretary has determined 

2 is most practical and effective to achieve 

3 operational control and situational aware4 ness in a specific area and the other alter5 natives the Secretary considered before 

6 making such a determination.’’; 

7 (C) in paragraph (2)— 

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

9 and inserting ‘‘Secretary of Homeland Se10 curity’’; and 

11 (ii) by striking ‘‘construction of 

12 fences’’ and inserting ‘‘the construction of 

13 physical barriers’’; and 

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

15 follows: 

16 ‘‘(3) AGENT SAFETY.—In carrying out this sec17 tion, the Secretary of Homeland Security, when con18 structing tactical infrastructure, shall incorporate 

19 such safety features into the design of such tactical 

20 infrastructure that the Secretary determines, in the 

21 Secretary’s sole discretion, are necessary to maxi22 mize the safety and effectiveness of officers or 

23 agents of the Department of Homeland Security or 

24 of any other Federal agency.’’; 


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

2 (1) to read as follows: 

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

4 provision of law, the Secretary of Homeland Security 

5 is authorized to waive all legal requirements that the 

6 Secretary, in the Secretary’s sole discretion, deter7 mines necessary to ensure the expeditious construc8 tion, installation, operation, and maintenance of the 

9 tactical infrastructure and technology under this sec10 tion. Any such decision by the Secretary shall be ef11 fective upon publication in the Federal Register.’’; 

12 and 

13 (4) by adding after subsection (d) the following: 

14 ‘‘(e) CONSTRUCTION, INSTALLATION, AND MAINTE15 NANCE OF TECHNOLOGY.—Not later than January 20, 

16 2021, the Secretary of Homeland Security, in carrying out 

17 subsection (a), shall deploy along the United States border 

18 the most practical and effective technology available for 

19 achieving situational awareness and operational control of 

20 the border. 

21 ‘‘(f) DEFINITIONS.—In this section: 

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

23 traffic areas’ means areas in the vicinity of the 

24 United States border that— 


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

2 Customs and Border Protection; and 

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

4 activity, as determined by the Secretary of 

5 Homeland Security. 

6 ‘‘(2) OPERATIONAL CONTROL.—The term ‘oper7 ational control’ has the meaning given the term in 

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

9 Law 109–367; 8 U.S.C. 1701 note). 

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

11 term ‘situational awareness’ has the meaning given 

12 the term in section 1092(a)(7) of the National De13 fense Authorization Act for Fiscal Year 2017 (Pub14 lic Law 114–328; 6 U.S.C. 223(a)(7)). 

15 ‘‘(4) TACTICAL INFRASTRUCTURE.—The term 

16 ‘tactical infrastructure’ means— 

17 ‘‘(A) boat ramps, access gates, check18 points, lighting, and roads; and 

19 ‘‘(B) physical barriers (including fencing, 

20 border wall system, and levee walls). 

21 ‘‘(5) TECHNOLOGY.—The term ‘technology’ 

22 means border surveillance and detection technology, 

23 including— 

24 ‘‘(A) tower-based surveillance technology; 


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1 ‘‘(B) deployable, lighter-than-air ground 

2 surveillance equipment; 

3 ‘‘(C) Vehicle and Dismount Exploitation 

4 Radars (VADER); 

5 ‘‘(D) 3-dimensional, seismic acoustic detec6 tion and ranging border tunneling detection 

7 technology; 

8 ‘‘(E) advanced unattended surveillance 

9 sensors; 

10 ‘‘(F) mobile vehicle-mounted and man11 portable surveillance capabilities; 

12 ‘‘(G) unmanned aerial vehicles; and 

13 ‘‘(H) predator-type unmanned aircraft sys14 tems.’’. 

15 SEC. 1112. LAND USE OR ACQUISITION. 

16 Section 103(b) of the Immigration and Nationality 

17 Act (8 U.S.C. 1103 note) is amended to read as follows: 

18 ‘‘(b)(1) The Secretary may lease, contract for, or buy 

19 any interest in land, including temporary use rights, adja20 cent to or in the vicinity of an international land border 

21 when the Secretary determines that such land is essential 

22 to control and guard the boundaries and borders of the 

23 United States against any violation of this Act. 

24 ‘‘(2) The Secretary may lease, contract for, or buy 

25 any interest in land described in paragraph (1) when— 


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1 ‘‘(A) the lawful owner of that interest fixes a 

2 price for leasing, contracting, or buying such inter3 est; and 

4 ‘‘(B) the Secretary considers the price referred 

5 to in subparagraph (A) to be reasonable. 

6 ‘‘(3) If the Secretary and the lawful owner of an in7 terest in land described in paragraph (1) are unable to 

8 agree to lease, contract for, or buy such interest at a rea9 sonable price for such lease, contract, or purchase, the 

10 Secretary may commence condemnation proceedings pur11 suant to the Act of August 1, 1888 (Chapter 728; 25 Stat. 

12 357).’’. 

13 SEC. 1113. AIR AND MARINE OPERATIONS FLIGHT HOURS. 

14 (a) INCREASED FLIGHT HOURS.—The Secretary 

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

16 hours are carried out by Air and Marine Operations of 

17 U.S. Customs and Border Protection. 

18 (b) UNMANNED AERIAL SYSTEM.—The Secretary 

19 shall ensure that Air and Marine Operations operate un20 manned aerial systems on the southern border of the 

21 United States for not fewer than 24 hours per day for 

22 5 days per week. 

23 (c) CONTRACT AIR SUPPORT AUTHORIZATION.—The 

24 Commissioner shall contract for any additional aviation 

25 services needed to fulfill identified air support mission 


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1 critical hours, as identified by the Chief of the U.S. Border 

2 Patrol. 

3 (d) PRIMARY MISSION.—The Commissioner shall en4 sure that— 

5 (1) the primary missions for Air and Marine 

6 Operations are to directly support U.S. Border Pa7 trol activities along the southern border of the 

8 United States and Joint Interagency Task Force 

9 South operations in the transit zone; and 

10 (2) the Executive Assistant Commissioner of 

11 Air and Marine Operations assigns the greatest pri12 ority to support missions established by the Commis13 sioner to carry out the requirements under this Act. 

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

15 In accordance with subsection (d), the Commissioner shall 

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

17 (1) identify critical flight hour requirements; 

18 and 

19 (2) direct Air and Marine Operations to sup20 port requests from Sector Chiefs as their primary 

21 mission. 

22 (f) SMALL UNMANNED AERIAL VEHICLES.— 

23 (1) IN GENERAL.—The Chief of the U.S. Bor24 der Patrol shall be the operational lead for U.S. 

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1 manned aerial vehicles for the purpose of meeting 

2 the U.S. Border Patrol’s unmet flight hour oper3 ational requirements and to achieve situational 

4 awareness and operational control. 

5 (2) COORDINATION.—In carrying out para6 graph (1), the Chief of the U.S. Border Patrol shall 

7 coordinate with the Executive Assistant Commis8 sioner for Air and Marine Operations of U.S. Cus9 toms and Border Protection to ensure the safety of 

10 other aircraft flying in the vicinity of small, un11 manned aerial vehicles operated by U.S. Border Pa12 trol. 

13 (3) DEFINED TERM.—In this subsection, the 

14 term ‘‘small, unmanned aerial vehicle’’ means any 

15 unmanned aerial vehicle operated by U.S. Customs 

16 and Border Protection weighing less than 55 

17 pounds. 

18 (4) CONFORMING AMENDMENT.—Section 

19 411(e)(3) of the Homeland Security Act of 2002 (6 

20 U.S.C. 211(e)(3)) is amended— 

21 (A) in subparagraph (B), by striking 

22 ‘‘and’’ at the end; 

23 (B) by redesignating subparagraph (C) as 

24 subparagraph (D); and 


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1 (C) by inserting after subparagraph (B) 

2 the following: 

3 ‘‘(C) carry out the small unmanned aerial 

4 vehicle requirements under section 1112(f) of 

5 the Border Security for America Act of 2017; 

6 and’’. 

7 SEC. 1114. CAPABILITY DEPLOYMENT TO SPECIFIC SEC8 TORS AND TRANSIT ZONE. 

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

10 the Secretary, in implementing section 102 of the Illegal 

11 Immigration Reform and Immigrant Responsibility Act of 

12 1996 (as amended by section 1111 of this Act), and acting 

13 through the appropriate component of the Department of 

14 Homeland Security, shall deploy to each sector or region 

15 of the southern border and the northern border, in a 

16 prioritized manner to achieve situational awareness and 

17 operational control of such borders, the following addi18 tional capabilities: 

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

20 sector, the following: 

21 (A) Tower-based surveillance technology. 

22 (B) Subterranean surveillance and detec23 tion technologies. 

24 (C) To increase coastal maritime domain 

25 awareness, the following: 


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

2 surveillance equipment. 

3 (ii) Unmanned aerial vehicles with 

4 maritime surveillance capability. 

5 (iii) U.S. Customs and Border Protec6 tion maritime patrol aircraft. 

7 (iv) Coastal radar surveillance sys8 tems. 

9 (v) Maritime signals intelligence capa10 bilities. 

11 (D) Ultralight aircraft detection capabili12 ties. 

13 (E) Advanced unattended surveillance sen14 sors. 

15 (F) A rapid reaction capability supported 

16 by aviation assets. 

17 (G) Mobile vehicle-mounted and man-port18 able surveillance capabilities. 

19 (H) Man-portable unmanned aerial vehi20 cles. 

21 (I) Improved agent communications capa22 bilities. 

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

24 sector, the following: 

25 (A) Tower-based surveillance technology. 


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

2 surveillance equipment. 

3 (C) Man-portable unmanned aerial vehi4 cles. 

5 (D) Ultralight aircraft detection capabili6 ties. 

7 (E) Advanced unattended surveillance sen8 sors. 

9 (F) A rapid reaction capability supported 

10 by aviation assets. 

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

13 (H) Improved agent communications capa14 bilities. 

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

16 following: 

17 (A) Tower-based surveillance technology. 

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

19 surveillance equipment. 

20 (C) Ultralight aircraft detection capabili21 ties. 

22 (D) Advanced unattended surveillance sen23 sors. 

24 (E) A rapid reaction capability supported 

25 by aviation assets. 


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1 (F) Mobile vehicle-mounted and man-port2 able surveillance systems. 

3 (G) Man-portable unmanned aerial vehi4 cles. 

5 (H) Improved agent communications capa6 bilities. 

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

8 the following: 

9 (A) Tower-based surveillance technology. 

10 (B) Increased flight hours for aerial detec11 tion, interdiction, and monitoring operations ca12 pability. 

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

14 surveillance equipment. 

15 (D) Ultralight aircraft detection capabili16 ties. 

17 (E) Advanced unattended surveillance sen18 sors. 

19 (F) A rapid reaction capability supported 

20 by aviation assets. 

21 (G) Man-portable unmanned aerial vehi22 cles. 

23 (H) Improved agent communications capa24 bilities. 


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

2 the following: 

3 (A) Tower-based surveillance technology. 

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

5 surveillance equipment. 

6 (C) Ultralight aircraft detection capabili7 ties. 

8 (D) Advanced unattended surveillance sen9 sors. 

10 (E) Mobile vehicle-mounted and man-port11 able surveillance systems. 

12 (F) A rapid reaction capability supported 

13 by aviation assets. 

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

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

18 (I) Improved agent communications capa19 bilities. 

20 (6) BIG BEND SECTOR.—For the Big Bend sec21 tor, the following: 

22 (A) Tower-based surveillance technology. 

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

24 surveillance equipment. 


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1 (C) Improved agent communications capa2 bilities. 

3 (D) Ultralight aircraft detection capabili4 ties. 

5 (E) Advanced unattended surveillance sen6 sors. 

7 (F) A rapid reaction capability supported 

8 by aviation assets. 

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

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

13 (I) Improved agent communications capa14 bilities. 

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

16 the following: 

17 (A) Tower-based surveillance technology. 

18 (B) Increased monitoring for cross-river 

19 dams, culverts, and footpaths. 

20 (C) Improved agent communications capa21 bilities. 

22 (D) Improved maritime capabilities in the 

23 Amistad National Recreation Area. 

24 (E) Advanced unattended surveillance sen25 sors. 


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1 (F) A rapid reaction capability supported 

2 by aviation assets. 

3 (G) Mobile vehicle-mounted and man-port4 able surveillance capabilities. 

5 (H) Man-portable unmanned aerial vehi6 cles. 

7 (I) Improved agent communications capa8 bilities. 

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

10 the following: 

11 (A) Tower-based surveillance technology. 

12 (B) Maritime detection resources for the 

13 Falcon Lake region. 

14 (C) Increased flight hours for aerial detec15 tion, interdiction, and monitoring operations ca16 pability. 

17 (D) Increased monitoring for cross-river 

18 dams, culverts, and footpaths. 

19 (E) Ultralight aircraft detection capability. 

20 (F) Advanced unattended surveillance sen21 sors. 

22 (G) A rapid reaction capability supported 

23 by aviation assets. 

24 (H) Man-portable unmanned aerial vehi25 cles. 


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1 (I) Improved agent communications capa2 bilities. 

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

4 Grande Valley sector, the following: 

5 (A) Tower-based surveillance technology. 

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

7 surveillance equipment. 

8 (C) Increased flight hours for aerial detec9 tion, interdiction, and monitoring operations ca10 pability. 

11 (D) Ultralight aircraft detection capability. 

12 (E) Advanced unattended surveillance sen13 sors. 

14 (F) Increased monitoring for cross-river 

15 dams, culverts, footpaths. 

16 (G) A rapid reaction capability supported 

17 by aviation assets. 

18 (H) Increased maritime interdiction capa19 bilities. 

20 (I) Mobile vehicle-mounted and man-port21 able surveillance capabilities. 

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

24 (K) Improved agent communications capa25 bilities. 


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1 (10) BLAINE SECTOR.—For the Blaine sector, 

2 the following: 

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

6 (B) Coastal radar surveillance systems. 

7 (C) Increased maritime interdiction capa8 bilities. 

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

11 (E) Advanced unattended surveillance sen12 sors. 

13 (F) Ultralight aircraft detection capabili14 ties. 

15 (G) Man-portable unmanned aerial vehi16 cles. 

17 (H) Improved agent communications capa18 bilities. 

19 (11) SPOKANE SECTOR.—For the Spokane sec20 tor, the following: 

21 (A) Increased flight hours for aerial detec22 tion, interdiction, and monitoring operations ca23 pability. 

24 (B) Increased maritime interdiction capa25 bilities. 


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1 (C) Mobile vehicle-mounted and man-port2 able surveillance capabilities. 

3 (D) Advanced unattended surveillance sen4 sors. 

5 (E) Ultralight aircraft detection capabili6 ties. 

7 (F) Completion of six miles of the Bog 

8 Creek road. 

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

11 (H) Improved agent communications sys12 tems. 

13 (12) HAVRE SECTOR.—For the Havre sector, 

14 the following: 

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

18 (B) Mobile vehicle-mounted and man-port19 able surveillance capabilities. 

20 (C) Advanced unattended surveillance sen21 sors. 

22 (D) Ultralight aircraft detection capabili23 ties. 

24 (E) Man-portable unmanned aerial vehi25 cles. 


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1 (F) Improved agent communications sys2 tems. 

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

4 Forks sector, the following: 

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

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

10 (C) Advanced unattended surveillance sen11 sors. 

12 (D) Ultralight aircraft detection capabili13 ties. 

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

16 (F) Improved agent communications sys17 tems. 

18 (14) DETROIT SECTOR.—For the Detroit sec19 tor, the following: 

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

23 (B) Coastal radar surveillance systems. 

24 (C) Increased maritime interdiction capa25 bilities. 


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1 (D) Mobile vehicle-mounted and man-port2 able surveillance capabilities. 

3 (E) Advanced unattended surveillance sen4 sors. 

5 (F) Ultralight aircraft detection capabili6 ties. 

7 (G) Man-portable unmanned aerial vehi8 cles. 

9 (H) Improved agent communications sys10 tems. 

11 (15) BUFFALO SECTOR.—For the Buffalo sec12 tor, the following: 

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

16 (B) Coastal radar surveillance systems. 

17 (C) Increased maritime interdiction capa18 bilities. 

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

21 (E) Advanced unattended surveillance sen22 sors. 

23 (F) Ultralight aircraft detection capabili24 ties. 


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

3 (H) Improved agent communications sys4 tems. 

5 (16) SWANTON SECTOR.—For the Swanton sec6 tor, the following: 

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

10 (B) Mobile vehicle-mounted and man-port11 able surveillance capabilities. 

12 (C) Advanced unattended surveillance sen13 sors. 

14 (D) Ultralight aircraft detection capabili15 ties. 

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

18 (F) Improved agent communications sys19 tems. 

20 (17) HOULTON SECTOR.—For the Houlton sec21 tor, the following: 

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


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1 (B) Mobile vehicle-mounted and man-port2 able surveillance capabilities. 

3 (C) Advanced unattended surveillance sen4 sors. 

5 (D) Ultralight aircraft detection capabili6 ties. 

7 (E) Man-portable unmanned aerial vehi8 cles. 

9 (F) Improved agent communications sys10 tems. 

11 (18) TRANSIT ZONE.—For the transit zone, the 

12 following: 

13 (A) Not later than 2 years after the date 

14 of the enactment of this Act, an increase in the 

15 number of overall cutter, boat, and aircraft 

16 hours spent conducting interdiction operations 

17 over the average number of such hours during 

18 the preceding 3 fiscal years. 

19 (B) Increased maritime signals intelligence 

20 capabilities. 

21 (C) To increase maritime domain aware22 ness— 

23 (i) unmanned aerial vehicles with 

24 maritime surveillance capability; and 


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1 (ii) increased maritime aviation patrol 

2 hours. 

3 (D) Increased operational hours for mari4 time security components dedicated to joint 

5 counter-smuggling and interdiction efforts with 

6 other Federal agencies, including the 

7 Deployable Specialized Forces of the Coast 

8 Guard. 

9 (E) Coastal radar surveillance systems 

10 with long range day and night cameras capable 

11 of providing full maritime domain awareness of 

12 the United States territorial waters surrounding 

13 Puerto Rico, Mona Island, Desecheo Island, 

14 Vieques Island, Culebra Island, Saint Thomas, 

15 Saint John, and Saint Croix. 

16 (b) REIMBURSEMENT RELATED TO THE LOWER RIO

17 GRANDE VALLEY FLOOD CONTROL PROJECT.—The 

18 International Boundary and Water Commission is author19 ized to reimburse State and local governments for any ex20 penses incurred before, on, or after the date of the enact21 ment of this Act by such governments in designing, con22 structing, and rehabilitating the Lower Rio Grande Valley 

23 Flood Control Project of the Commission. 

24 (c) TACTICAL FLEXIBILITY.— 


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1 (1) SOUTHERN AND NORTHERN LAND BOR2 DERS.— 

3 (A) IN GENERAL.—Beginning on January 

4 20, 2020, or after the Secretary has deployed at 

5 least 25 percent of the capabilities required in 

6 each sector specified in subsection (a), which7 ever comes later, the Secretary may deviate 

8 from such capability deployments if the Sec9 retary determines that such deviation is re10 quired to achieve situational awareness or oper11 ational control. 

12 (B) NOTIFICATION.—If the Secretary exer13 cises the authority described in subparagraph 

14 (A), the Secretary shall, not later than 90 days 

15 after such exercise, notify the Committee on 

16 Homeland Security and Governmental Affairs 

17 of the Senate and the Committee on Homeland 

18 Security of the House of Representatives re19 garding the deviation under such subparagraph 

20 that is the subject of such exercise. Not later 

21 than 90 days after the Secretary makes any 

22 changes to such deviation, the Secretary shall 

23 notify such committees regarding such change. 

24 (2) TRANSIT ZONE.— 


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1 (A) NOTIFICATION.—The Secretary shall 

2 notify the Committee on Homeland Security 

3 and Governmental Affairs of the Senate, the 

4 Committee on Commerce, Science, and Trans5 portation of the Senate, the Committee on 

6 Homeland Security of the House of Representa7 tives, and the Committee on Transportation 

8 and Infrastructure of the House of Representa9 tives regarding the capability deployments for 

10 the transit zone specified in subsection (a)(18), 

11 including information relating to— 

12 (i) the number and types of assets 

13 and personnel deployed; and 

14 (ii) the impact such deployments have 

15 on the capability of the Coast Guard to 

16 conduct its mission in the transit zone re17 ferred to in subsection (a)(18). 

18 (B) ALTERATION.—The Secretary may 

19 alter the capability deployments referred to in 

20 this section if the Secretary— 

21 (i) determines, after consultation with 

22 the committees referred to in subpara23 graph (A), that such alteration is nec24 essary; and 


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1 (ii) not later than 30 days after mak2 ing a determination under clause (i), noti3 fies the committees referred to in such 

4 subparagraph regarding such alteration, 

5 including information relating to— 

6 (I) the number and types of as7 sets and personnel deployed pursuant 

8 to such alteration; and 

9 (II) the impact such alteration 

10 has on the capability of the Coast 

11 Guard to conduct its mission in the 

12 transit zone referred to in subsection 

13 (a)(18). 

14 (d) EXIGENT CIRCUMSTANCES.— 

15 (1) IN GENERAL.—Notwithstanding subsection 

16 (b), the Secretary may deploy the capabilities re17 ferred to in subsection (a) in a manner that is incon18 sistent with the requirements specified in such sub19 section if, after the Secretary has deployed at least 

20 25 percent of such capabilities, the Secretary deter21 mines that exigent circumstances demand such an 

22 inconsistent deployment or that such an inconsistent 

23 deployment is vital to the national security interests 

24 of the United States. 


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1 (2) NOTIFICATION.—Not later than 30 days 

2 after making a determination under paragraph (1), 

3 the Secretary shall notify the Committee on Home4 land Security of the House of Representatives and 

5 the Committee on Homeland Security and Govern6 mental Affairs of the Senate of such determination 

7 and provide a detailed justification for such deter8 mination. 

9 SEC. 1115. DEPLOYMENT OF ASSETS. 

10 (a) JOINT BRIEFING.—Not later than March 1 of 

11 each year, the Secretary (or the Secretary’s designees) 

12 shall conduct a joint, comprehensive briefing for all Mem13 bers of the appropriate congressional committees on the 

14 deployment of Department of Homeland Security per15 sonnel and assets along the borders of the United States. 

16 (b) CONTENT.—Each briefing conducted pursuant to 

17 shall include— 

18 (1) the number and types of assets and per19 sonnel to be deployed in each sector and district; 

20 (2) the cause for any change in deployments of 

21 assets and personnel in each sector and district; and 

22 (3) the anticipated impact that such deploy23 ments or change in deployments are to have in 

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1 land Security to conduct its mission in each sector 

2 or district. 

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

4 The Chief of the U.S. Border Patrol shall prioritize 

5 the deployment of U.S. Border Patrol agents to as close 

6 to the physical land border as possible, consistent with 

7 border security enforcement priorities and accessibility to 

8 such areas. 

9 SEC. 1117. BORDER SECURITY TECHNOLOGY PROGRAM 

10 MANAGEMENT. 

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

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

13 is amended by adding at the end the following: 

14 ‘‘SEC. 434. BORDER SECURITY TECHNOLOGY PROGRAM 

15 MANAGEMENT. 

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

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

18 an acquisition program of the Department that is esti19 mated by the Secretary to require an eventual total ex20 penditure of at least $300,000,000 (based on fiscal year 

21 2017 constant dollars) over its life cycle cost. 

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

23 security technology acquisition program of the Depart24 ment that is determined to be a major acquisition pro25 gram, the Secretary shall— 


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1 ‘‘(1) ensure that each such program has a writ2 ten acquisition program baseline approved by the 

3 relevant acquisition decision authority; 

4 ‘‘(2) document that each such program is meet5 ing cost, schedule, and performance thresholds as 

6 specified in such baseline, in compliance with rel7 evant departmental acquisition policies and the Fed8 eral Acquisition Regulation; and 

9 ‘‘(3) have a plan for meeting program imple10 mentation objectives by managing contractor per11 formance. 

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

13 acting through the Under Secretary for Management and 

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

15 shall ensure border security technology acquisition pro16 gram managers who are responsible for carrying out this 

17 section adhere to relevant internal control standards iden18 tified by the Comptroller General of the United States. 

19 The Commissioner shall provide information, as needed, 

20 to assist the Under Secretary in monitoring management 

21 of border security technology acquisition programs under 

22 this section. 

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

24 Under Secretary for Management, in coordination with 

25 the Under Secretary for Science and Technology and the 


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

2 shall submit to the appropriate congressional committees 

3 a plan for testing, evaluating, and using independent 

4 verification and validation resources for border security 

5 technology. Under the plan, new border security tech6 nologies shall be evaluated through a series of assess7 ments, processes, and audits to ensure— 

8 ‘‘(1) compliance with relevant departmental ac9 quisition policies and the Federal Acquisition Regu10 lation; and 

11 ‘‘(2) the effective use of taxpayer dollars.’’. 

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

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

14 amended by inserting after the item relating to section 

15 433 the following: 

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

16 (c) PROHIBITION ON ADDITIONAL AUTHORIZATION

17 OF APPROPRIATIONS.—No additional funds are author18 ized to be appropriated to carry out section 434 of the 

19 Homeland Security Act of 2002, as added by subsection 

20 (a). Such section shall be carried out using amounts other21 wise authorized for such purposes. 


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1 SEC. 1118. NATIONAL GUARD SUPPORT TO SECURE THE 

2 SOUTHERN BORDER AND REIMBURSEMENT 

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

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

7 State may order any units or personnel of the National 

8 Guard of such State to perform operations and missions 

9 under section 502(f) of title 32, United States Code, along 

10 the southern border for the purposes of assisting U.S. 

11 Customs and Border Protection to achieve situational 

12 awareness and operational control of the border. 

13 (b) ASSIGNMENT OF OPERATIONS AND MISSIONS.— 

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

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

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

20 Guard personnel performing operations and missions 

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

22 under title 32, United States Code. 

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

25 include the temporary authority to— 


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1 (1) construct reinforced fencing or other phys2 ical barriers; 

3 (2) operate ground-based surveillance systems; 

4 (3) operate unmanned and manned aircraft; 

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

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

9 (5) construct checkpoints along the Southern 

10 border to bridge the gap to long-term permanent 

11 checkpoints; and 

12 (6) provide intelligence support. 

13 (d) MATERIEL AND LOGISTICAL SUPPORT.—The 

14 Secretary of Defense shall deploy such materiel, equip15 ment, and logistical support as may be necessary to ensure 

16 success of the operations and missions conducted by the 

17 National Guard under this section. 

18 (e) EXCLUSION FROM NATIONAL GUARD PER19 SONNEL STRENGTH LIMITATIONS.—National Guard per20 sonnel deployed under subsection (a) shall not be included 

21 in— 

22 (1) the calculation to determine compliance 

23 with limits on end strength for National Guard per24 sonnel; or 


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1 (2) limits on the number of National Guard 

2 personnel that may be placed on active duty for 

3 operational support under section 115 of title 10, 

4 United States Code. 

5 (f) REIMBURSEMENT REQUIRED.— 

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

7 shall reimburse States for the cost of the deployment 

8 of any units or personnel of the National Guard to 

9 perform operations and missions in full-time State 

10 Active Duty in support of a southern border mission. 

11 The Secretary of Defense may not seek reimburse12 ment from the Secretary for any reimbursements 

13 paid to States for the costs of such deployments. 

14 (2) LIMITATION.—The total amount of reim15 bursements under this section may not exceed 

16 $35,000,000 in any fiscal year. 

17 SEC. 1119. OPERATION PHALANX. 

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

19 the concurrence of the Secretary, shall provide assistance 

20 to U.S. Customs and Border Protection for purposes of 

21 increasing ongoing efforts to secure the southern border. 

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

24 (1) deployment of manned aircraft, unmanned 

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1 veillance systems to support continuous surveillance 

2 of the southern border; and 

3 (2) intelligence analysis support. 

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

6 and logistics support as may be necessary to ensure the 

7 effectiveness of the assistance provided under subsection 

8 (a). 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for the Department of 

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

14 this section. 

15 (e) REPORTS.— 

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

17 the date of the enactment of this Act and annually 

18 thereafter, the Secretary of Defense shall submit a 

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

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


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1 (2) ELEMENTS.—Each report under paragraph 

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

4 (A) the assistance provided; 

5 (B) the sources and amounts of funds used 

6 to provide such assistance; and 

7 (C) the amounts obligated to provide such 

8 assistance. 

9 (3) PERIOD SPECIFIED.—The period specified 

10 in this paragraph is— 

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

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

14 and 

15 (B) in the case of any subsequent report 

16 submitted under paragraph (1), the calendar 

17 year for which the report is submitted. 

18 SEC. 1120. MERIDA INITIATIVE. 

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

21 the Department of State and the Department of Defense 

22 and any aid related to the Merida Initiative should— 

23 (1) be focused on providing enhanced border se24 curity at Mexico’s northern and southern borders, 


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1 judicial reform, and support for Mexico’s anti-drug 

2 efforts; and 

3 (2) return to its original focus and prioritize se4 curity, training, and acquisition of equipment for 

5 Mexican security forces involved in anti-drug efforts 

6 as well as be used to train prosecutors in ongoing 

7 justice reform efforts. 

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

9 State, in coordination with the Secretary and the Sec10 retary of Defense, shall provide level and consistent assist11 ance to Mexico— 

12 (1) to combat drug production and trafficking 

13 and related violence, transnational organized crimi14 nal organizations, and corruption; 

15 (2) to build a secure, modern border security 

16 system capable of preventing illegal migration; 

17 (3) to support border security and cooperation 

18 with United States military, intelligence, and law en19 forcement agencies on border incursions; 

20 (4) to support judicial reform, institution build21 ing, and rule of law activities to build judicial capac22 ity, address corruption and impunity, and support 

23 human rights; and 


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1 (5) to provide for training and equipment for 

2 Mexican security forces involved in efforts to eradi3 cate and interdict drugs. 

4 (c) ALLOCATION OF FUNDS; REPORT.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, 50 percent of any assistance appro7 priated in any appropriations Act to implement this 

8 section shall be withheld until after the Secretary of 

9 State submits a written report to the congressional 

10 committees specified in paragraph (3) certifying that 

11 the Government of Mexico is— 

12 (A) significantly reducing illegal migration, 

13 drug trafficking, and cross-border criminal ac14 tivities on Mexico’s northern and southern bor15 ders; 

16 (B) taking significant action to address 

17 corruption, impunity, and human rights abuses; 

18 and 

19 (C) improving the transparency and ac20 countability of Mexican Federal police forces 

21 and working with Mexican State and municipal 

22 authorities to improve the transparency and ac23 countability of Mexican State and municipal po24 lice forces. 


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1 (2) MATTERS TO INCLUDE.—The report re2 quired under paragraph (1) shall include a descrip3 tion of— 

4 (A) actions taken by the Government of 

5 Mexico to address the matters described in such 

6 paragraph; 

7 (B) any relevant assessments by civil soci8 ety and non-government organizations in Mex9 ico relating to such matters; and 

10 (C) any instances in which the Secretary 

11 determines that the actions taken by the Gov12 ernment of Mexico are inadequate to address 

13 such matters. 

14 (3) CONGRESSIONAL COMMITTEES SPECI15 FIED.—The congressional committees specified in 

16 this paragraph are— 

17 (A) the Committee on Appropriations of 

18 the Senate; 

19 (B) the Committee on Homeland Security 

20 and Governmental Affairs of the Senate; 

21 (C) the Committee on the Judiciary of the 

22 Senate; 

23 (D) the Committee on Foreign Relations of 

24 the Senate; 


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1 (E) the Committee on Appropriations of 

2 the House of Representatives; 

3 (F) the Committee on Homeland Security 

4 of the House of Representatives; 

5 (G) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (H) the Committee on Foreign Affairs of 

8 the House of Representatives. 

9 (d) NOTIFICATIONS.—Any assistance made available 

10 by the Secretary of State under this section shall be sub11 ject to— 

12 (1) the notification procedures set forth in sec13 tion 634A of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2394–1); and 

15 (2) the notification requirements of— 

16 (A) the Committee on Homeland Security 

17 and Governmental Affairs of the Senate; 

18 (B) the Committee on the Judiciary of the 

19 Senate; 

20 (C) the Committee on Foreign Relations of 

21 the Senate; 

22 (D) the Committee on Homeland Security 

23 of the House of Representatives; 

24 (E) the Committee on the Judiciary of the 

25 House of Representatives; and 


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1 (F) the Committee on Foreign Affairs of 

2 the House of Representatives. 

3 (e) SPENDING PLAN.—Not later than 45 days after 

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

5 State shall submit to the congressional committees speci6 fied in subsection (c)(3) a detailed spending plan for as7 sistance to Mexico under this section, which shall include 

8 a strategy, developed after consulting with relevant au9 thorities of the Government of Mexico, for— 

10 (1) combating drug trafficking and related vio11 lence and organized crime; and 

12 (2) anti-corruption and rule of law activities, 

13 which shall include concrete goals, actions to be 

14 taken, budget proposals, and a description of antici15 pated results. 

16 SEC. 1121. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR17 DER SECURITY ON CERTAIN FEDERAL LAND. 

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

19 CUSTOMS AND BORDER PROTECTION.— 

20 (1) IN GENERAL.—The Secretary concerned 

21 shall not impede, prohibit, or restrict activities of 

22 U.S. Customs and Border Protection on covered 

23 Federal land to execute search and rescue operations 

24 or to prevent all unlawful entries into the United 

25 States, including entries by terrorists, other unlawful 


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1 aliens, instruments of terrorism, narcotics, and other 

2 contraband through the southern border or the 

3 northern border. 

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

5 Customs and Border Protection to conduct activities 

6 described in paragraph (1) on covered Federal land 

7 applies without regard to whether a state of emer8 gency exists. 

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

10 BORDER PROTECTION.— 

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

12 Protection shall have immediate access to covered 

13 Federal land to conduct the activities described in 

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

15 entries into the United States, including entries by 

16 terrorists, other unlawful aliens, instruments of ter17 rorism, narcotics, and other contraband through the 

18 southern border or the northern border. 

19 (2) ACTIVITIES DESCRIBED.—The activities de20 scribed in this paragraph are— 

21 (A) the use of motorized vehicles, foot pa22 trols, and horseback to patrol the border area, 

23 apprehend illegal entrants, and rescue individ24 uals; and 


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1 (B) the construction, installation, oper2 ation and maintenance of tactical infrastructure 

3 and border technology described in section 102 

4 of the Illegal Immigration Reform and Immi5 grant Responsibility Act of 1996, as amended 

6 by section 1111 of this Act. 

7 (c) CLARIFICATION RELATING TO WAIVER AUTHOR8 ITY.— 

9 (1) IN GENERAL.—The activities of U.S. Cus10 toms and Border Protection described in subsection 

11 (b)(2) may be carried out without regard to the pro12 visions of law specified in paragraph (2). 

13 (2) PROVISIONS OF LAW SPECIFIED.—The pro14 visions of law specified in this section are all Fed15 eral, State, or other laws, regulations, and legal re16 quirements of, deriving from, or related to the sub17 ject of, the following laws: 

18 (A) The National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.). 

20 (B) The Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.). 

22 (C) The Federal Water Pollution Control 

23 Act (33 U.S.C. 1251 et seq.) (commonly re24 ferred to as the ‘‘Clean Water Act’’). 


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

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

3 (formerly known as the ‘‘National Historic 

4 Preservation Act’’). 

5 (E) The Migratory Bird Treaty Act (16 

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

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

8 seq.). 

9 (G) The Archaeological Resources Protec10 tion Act of 1979 (16 U.S.C. 470aa et seq.). 

11 (H) The Safe Drinking Water Act (42 

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

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

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

15 (J) The Solid Waste Disposal Act (42 

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

17 (K) The Comprehensive Environmental 

18 Response, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9601 et seq.). 

20 (L) Chapter 3125 of title 54, United 

21 States Code (formerly known as the ‘‘Archeo22 logical and Historic Preservation Act’’). 

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

24 seq.). 


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1 (N) Chapter 3203 of title 54, United 

2 States Code (formerly known as the ‘‘Historic 

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

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

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

6 (P) The Farmland Protection Policy Act 

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

8 (Q) The Coastal Zone Management Act of 

9 1972 (16 U.S.C. 1451 et seq.). 

10 (R) The Wilderness Act (16 U.S.C. 1131 

11 et seq.). 

12 (S) The Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1701 et seq.). 

14 (T) The National Wildlife Refuge System 

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

16 et seq.). 

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

18 U.S.C. 742a et seq.). 

19 (V) The Fish and Wildlife Coordination 

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

21 (W) Subchapter II of chapter 5, and chap22 ter 7, of title 5, United States Code (commonly 

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

24 (X) The Otay Mountain Wilderness Act of 

25 1999 (Public Law 106–145). 


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1 (Y) Sections 102(29) and 103 of the Cali2 fornia Desert Protection Act of 1994 (Public 

3 Law 103–433). 

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

5 United States Code (formerly known as the 

6 ‘‘National Park Service Organic Act’’. 

7 (AA) The National Park Service General 

8 Authorities Act (Public Law 91–383, 16 U.S.C. 

9 1a–1 et seq.). 

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

11 National Parks and Recreation Act of 1978 

12 (Public Law 95–625). 

13 (CC) Sections 301(a) through (f) of the 

14 Arizona Desert Wilderness Act (Public Law 

15 101–628). 

16 (DD) The Rivers and Harbors Act of 1899 

17 (33 U.S.C. 403). 

18 (EE) The Eagle Protection Act (16 U.S.C. 

19 668 et seq.). 

20 (FF) The Native American Graves Protec21 tion and Repatriation Act (25 U.S.C. 3001 et 

22 seq.). 

23 (GG) The American Indian Religious Free24 dom Act (42 U.S.C. 1996). 


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1 (HH) The Religious Freedom Restoration 

2 Act (42 U.S.C. 2000bb). 

3 (II) The National Forest Management Act 

4 of 1976 (16 U.S.C. 1600 et seq.). 

5 (JJ) The Multiple Use and Sustained 

6 Yield Act of 1960 (16 U.S.C. 528 et seq.). 

7 (3) APPLICABILITY OF WAIVER TO SUCCESSOR

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

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

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

11 the date of the enactment of this Act, the waiver de12 scribed in paragraph (1) shall apply to the provision 

13 of such title that corresponds to the provision of law 

14 specified in paragraph (2) to the same extent the 

15 waiver applied to that provision of law. 

16 (4) SAVINGS CLAUSE.—The waiver authority 

17 under this subsection may not be construed as af18 fecting, negating, or diminishing in any manner the 

19 applicability of section 552 of title 5, United States 

20 Code (commonly referred to as the ‘‘Freedom of In21 formation Act’’), in any relevant matter. 

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

23 not be construed to provide— 

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

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


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1 backcountry airstrips, on land under the jurisdiction 

2 of the Secretary of the Interior or the Secretary of 

3 Agriculture; or 

4 (2) any additional authority to restrict legal ac5 cess to such land. 

6 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

7 section— 

8 (1) shall have no force or effect on State lands 

9 or private lands; and 

10 (2) shall not provide authority on or access to 

11 State lands or private lands. 

12 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

13 may be construed to supersede, replace, negate, or dimin14 ish treaties or other agreements between the United States 

15 and Indian tribes. 

16 (g) MEMORANDA OF UNDERSTANDING.—The re17 quirements of this section shall not apply to the extent 

18 that such requirements are incompatible with any memo19 randum of understanding or similar agreement entered 

20 into between the Commissioner of U.S. Customs and Bor21 der Protection and a National Park Unit before, on, or 

22 after the date of the enactment of this Act. 

23 (h) DEFINITIONS.—In this section: 

24 (1) COVERED FEDERAL LAND.—The term ‘‘cov25 ered Federal land’’ includes all land under the conVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 trol of the Secretary concerned that is located within 

2 100 miles of the southern border or the northern 

3 border. 

4 (2) SECRETARY CONCERNED.—The term ‘‘Sec5 retary concerned’’ means— 

6 (A) with respect to land under the jurisdic7 tion of the Department of Agriculture, the Sec8 retary of Agriculture; and 

9 (B) with respect to land under the jurisdic10 tion of the Department of the Interior, the Sec11 retary of the Interior. 

12 SEC. 1122. LANDOWNER AND RANCHER SECURITY EN13 HANCEMENT. 

14 (a) ESTABLISHMENT OF NATIONAL BORDER SECU15 RITY ADVISORY COMMITTEE.—The Secretary shall estab16 lish a National Border Security Advisory Committee, 

17 which— 

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

19 make recommendations to the Secretary on matters 

20 relating to border security matters, including— 

21 (A) verifying security claims and the bor22 der security metrics established by the Depart23 ment of Homeland Security under section 1092 

24 of the National Defense Authorization Act for 


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1 Fiscal Year 2017 (Public Law 114–328; 6 

2 U.S.C. 223); and 

3 (B) discussing ways to improve the secu4 rity of high traffic areas along the northern 

5 border and the southern border; and 

6 (2) may provide, through the Secretary, rec7 ommendations to Congress. 

8 (b) CONSIDERATION OF VIEWS.—The Secretary shall 

9 consider the information, advice, and recommendations of 

10 the National Border Security Advisory Committee in for11 mulating policy regarding matters affecting border secu12 rity. 

13 (c) MEMBERSHIP.—The National Border Security 

14 Advisory Committee shall consist of at least 1 member 

15 from each State who— 

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

17 border security operations; or 

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

19 80 miles from the southern border or the northern 

20 border. 

21 (d) NONAPPLICABILITY OF FEDERAL ADVISORY

22 COMMITTEE ACT.—The Federal Advisory Committee Act 

23 (5 U.S.C. App.) shall not apply to the National Border 

24 Security Advisory Committee. 


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1 SEC. 1123. LIMITATION ON LAND OWNER’S LIABILITY. 

2 Section 287 of the Immigration and Nationality Act 

3 (8 U.S.C. 1357) is amended by adding at the end the fol4 lowing: 

5 ‘‘(h) INDEMNITY FOR ACTIONS OF LAW ENFORCE6 MENT OFFICERS.— 

7 ‘‘(1) DEFINITIONS.—In this subsection— 

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

9 watercourses, and private ways, and buildings, 

10 structures, machinery, and equipment that is 

11 attached to real property; and 

12 ‘‘(B) the term ‘owner’ includes the pos13 sessor of a fee interest, a tenant, a lessee, an 

14 occupant, the possessor of any other interest in 

15 land, and any person having a right to grant 

16 permission to use the land. 

17 ‘‘(2) REIMBURSEMENT AUTHORIZED.—Notwith18 standing any other provision of law, and subject to 

19 the availability of appropriations, any owner of land 

20 located in the United States within 150 miles of the 

21 southern border of the United States may seek reim22 bursement from the Department and the Secretary 

23 shall pay for any adverse final tort judgment for 

24 negligence (excluding attorneys’ fees and costs) au25 thorized under Federal or State tort law, arising di26 rectly from any border patrol action, such as appreVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 hensions, tracking, and detention of aliens, that is 

2 conducted on privately-owned land if— 

3 ‘‘(A) such land owner has been found neg4 ligent by a Federal or State court in any tort 

5 litigation; 

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

7 reimbursed for the final tort judgment, includ8 ing outstanding attorneys’ fees and costs; 

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

10 not have sufficient property insurance to cover 

11 the judgment and has had an insurance claim 

12 for such coverage denied; and 

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

14 such land owner as a direct result of activity of 

15 law enforcement officers of the Department of 

16 Homeland Security, acting in their official ca17 pacity, on the owner’s land. 

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

19 may be construed to require the Secretary to reim20 burse, under paragraph (2), a land owner for any 

21 adverse final tort judgment for negligence or to limit 

22 land owner liability which would otherwise exist 

23 for— 


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

2 or warn against a known dangerous condition, 

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

4 ‘‘(B) maintaining an attractive nuisance; 

5 ‘‘(C) gross negligence; or 

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

7 of, any agent or officer of the Federal Govern8 ment who is authorized to enforce the immigra9 tion laws during— 

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

11 or 

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

13 detain any alien attempting to enter the 

14 United States illegally or to evade execu15 tion of an arrest warrant for a violation of 

16 any immigration law. 

17 ‘‘(4) SAVINGS PROVISION.—Nothing in this sub18 section may be construed to affect any right or rem19 edy available pursuant to chapter 171 of title 28, 

20 United States Code (commonly known as the ‘Fed21 eral Tort Claims Act’).’’. 

22 SEC. 1124. ERADICATION OF CARRIZO CANE AND SALT 

23 CEDAR. 

24 Not later than January 20, 2021, the Secretary, after 

25 coordinating with the heads of the relevant Federal, State, 


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1 and local agencies, shall begin eradicating the carrizo cane 

2 plant and any salt cedar along the Rio Grande River. 

3 SEC. 1125. PREVENTION, DETECTION, CONTROL, AND 

4 ERADICATION OF DISEASES AND PESTS. 

5 (a) DEFINITIONS.—In this section: 

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

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

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

9 pest or disease or any material or tangible object 

10 that could harbor a pest or disease. 

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

12 meaning given such term by the Secretary of Agri13 culture. 

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

15 all farm-raised animals. 

16 (5) MEANS OF CONVEYANCE.—The term 

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

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

19 any other personal property. 

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

21 following that can directly or indirectly injure, cause 

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

23 plant, or a plant part: 

24 (A) A protozoan. 

25 (B) A plant or plant part. 


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1 (C) An animal. 

2 (D) A bacterium. 

3 (E) A fungus. 

4 (F) A virus or viroid. 

5 (G) An infectious agent or other pathogen. 

6 (H) An arthropod. 

7 (I) A parasite or parasitic plant. 

8 (J) A prion. 

9 (K) A vector. 

10 (L) Any organism similar to or allied with 

11 any of the organisms described in this para12 graph. 

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

14 plant (including any plant part) capable of propaga15 tion, including a tree, a tissue culture, a plantlet cul16 ture, pollen, a shrub, a vine, a cutting, a graft, a 

17 scion, a bud, a bulb, a root, and a seed. 

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

19 the several States, the District of Columbia, the 

20 Commonwealth of Puerto Rico, Guam, the Common21 wealth of the Northern Mariana Islands, the Virgin 

22 Islands of the United States, and any territory or 

23 possession of the United States. 

24 (b) DETECTION, CONTROL, AND ERADICATION OF

25 THE SPREAD OF DISEASES AND PESTS.— 


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

2 may carry out operations and measures to prevent, 

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

4 or disease of livestock or plant that threatens any 

5 segment of agriculture. 

6 (2) COMPENSATION.— 

7 (A) IN GENERAL.—The Secretary of Agri8 culture may pay a claim arising out of— 

9 (i) the destruction of any animal, 

10 plant, plant part, article, or means of con11 veyance consistent with the purposes of 

12 this section; and 

13 (ii) implementing measures to pre14 vent, detect, control, or eradicate the 

15 spread of any pest disease of livestock or 

16 plant that threatens any segment of agri17 culture. 

18 (B) SPECIFIC COOPERATIVE PROGRAMS.— 

19 The Secretary of Agriculture shall compensate 

20 industry participants and State agencies that 

21 cooperate with the Secretary of Agriculture in 

22 carrying out operations and measures under 

23 this subsection for up to 100 percent of eligible 

24 costs relating to— 


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1 (i) cooperative programs involving 

2 Federal, State, or industry participants to 

3 control diseases of low or high pathoge4 nicity and pests in accordance with regula5 tions issued by the Secretary of Agri6 culture; and 

7 (ii) the construction and operation of 

8 research laboratories, quarantine stations, 

9 and other buildings and facilities for spe10 cial purposes. 

11 (C) REVIEWABILITY.—The action of any 

12 officer, employee, or agent of the Secretary of 

13 Agriculture under paragraph (1) shall not be 

14 subject to review by any officer or employee of 

15 the Federal Government other than the Sec16 retary of Agriculture or a designee of the Sec17 retary of Agriculture. 

18 (c) COOPERATION.— 

19 (1) IN GENERAL.—In carrying out this section, 

20 the Secretary of Agriculture may cooperate with 

21 other Federal agencies, States, State agencies, polit22 ical subdivisions of States, national and local govern23 ments of foreign countries, domestic and inter24 national organizations and associations, domestic 


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1 nonprofit corporations, Indian tribes, and other per2 sons. 

3 (2) RESPONSIBILITY.—The person or other en4 tity cooperating with the Secretary of Agriculture 

5 shall be responsible for the authority necessary to 

6 carry out operations or measures— 

7 (A) on all land and property within a for8 eign country or State, or under the jurisdiction 

9 of an Indian tribe, other than on land and 

10 property owned or controlled by the United 

11 States; and 

12 (B) using other facilities and means, as de13 termined by the Secretary of Agriculture. 

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

15 subsequent fiscal year, the Secretary of Agriculture shall 

16 use such funds from the Commodity Credit Cooperation 

17 as may be necessary to carry out operations and measures 

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

19 pest or disease of livestock or plant that threatens any 

20 segment of agriculture. 

21 (e) REIMBURSEMENT.—The Secretary of Agriculture 

22 shall reimburse any Federal agency, State, State agency, 

23 political subdivision of a State, national or local govern24 ment of a foreign country, domestic or international orga25 nization or association, domestic nonprofit corporation, 


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1 Indian tribe, or other person for specified costs, as pre2 scribed by the Secretary of Agriculture, in the discretion 

3 of the Secretary of Agriculture, that result from coopera4 tion with the Secretary of Agriculture in carrying out op5 erations and measures under this section. 

6 SEC. 1126. TRANSNATIONAL CRIMINAL ORGANIZATION IL7 LICIT SPOTTER PREVENTION AND DETEC8 TION. 

9 (a) UNLAWFULLY HINDERING IMMIGRATION, BOR10 DER, AND CUSTOMS CONTROLS.— 

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

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

13 1351 et seq.) is amended by adding at the end the 

14 following: 

15 ‘‘SEC. 295. UNLAWFULLY HINDERING IMMIGRATION, BOR16 DER, AND CUSTOMS CONTROLS. 

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

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

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

20 tribal law enforcement agency with the intent to further 

21 a Federal crime relating to United States immigration, 

22 customs, controlled substances, agriculture, monetary in23 struments, or other border controls shall be fined under 

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


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1 ‘‘(b) DESTRUCTION OF UNITED STATES BORDER

2 CONTROLS.—Any person who knowingly and without law3 ful authorization destroys, alters, or damages any fence, 

4 barrier, sensor, camera, or other physical or electronic de5 vice deployed by the Federal Government to control the 

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

7 excavate, or make any structure intended to defeat, cir8 cumvent, or evade any such fence, barrier, sensor camera, 

9 or other physical or electronic device deployed by the Fed10 eral Government to control the border or a port of entry— 

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

12 not more than 10 years, or both; and 

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

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

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

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

17 or both. 

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

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

20 be punished in the same manner as a person who com21 pletes a violation of such subsection.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents in the first section of the Immigration and Na24 tionality Act is amended by inserting after the item 

25 relating to section 294 the following: 

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


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1 (b) CARRYING OR USING A FIREARM DURING AND

2 IN RELATION TO AN ALIEN SMUGGLING CRIME.—Section 

3 924(c) of title 18, United States Code, is amended— 

4 (1) in paragraph (1)— 

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

6 alien smuggling crime,’’ after ‘‘crime of vio7 lence’’ each place that term appears; and 

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

9 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio10 lence’’; 

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

12 (3) by redesignating paragraph (5) as para13 graph (2); and 

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

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

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

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

18 278 of the Immigration and Nationality Act (8 

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

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

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

22 otherwise make the presence of the firearm known 

23 to another person, in order to intimidate that per24 son, regardless of whether the firearm is directly 

25 visible to that person; 


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

2 offense that— 

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

4 use, or threatened use of physical force against 

5 the person or property of another; or 

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

7 risk that physical force against the person or 

8 property of another may be used in the course 

9 of committing the offense; and 

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

11 any felony punishable under the Controlled Sub12 stances Act (21 U.S.C. 801 et seq.), the Controlled 

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

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

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

16 18, United States Code, is amended by inserting ‘‘, or 

17 295’’ after ‘‘274(a)’’. 

18 SEC. 1127. SOUTHERN BORDER THREAT ANALYSIS. 

19 (a) THREAT ANALYSIS.— 

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

21 after the date of the enactment of this Act, the Sec22 retary shall submit to the Committee on Homeland 

23 Security and Governmental Affairs of the Senate 

24 and the Committee on Homeland Security of the 


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1 House of Representatives a southern border threat 

2 analysis. 

3 (2) CONTENTS.—The analysis submitted under 

4 paragraph (1) shall include an assessment of— 

5 (A) current and potential terrorism and 

6 criminal threats posed by individuals and orga7 nized groups seeking— 

8 (i) to unlawfully enter the United 

9 States through the southern border; or 

10 (ii) to exploit security vulnerabilities 

11 along the southern border; 

12 (B) improvements needed at and between 

13 ports of entry along the southern border to pre14 vent terrorists and instruments of terror from 

15 entering the United States; 

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

17 between State, local, or tribal law enforcement, 

18 international agreements, or tribal agreements 

19 that hinder effective and efficient border secu20 rity, counterterrorism, and anti-human smug21 gling and trafficking efforts; 

22 (D) the current percentage of situational 

23 awareness achieved by the Department of 

24 Homeland Security along the southern border; 


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1 (E) the current percentage of operational 

2 control achieved by the Department of Home3 land Security along the southern border; and 

4 (F) traveler crossing times and any poten5 tial security vulnerability associated with pro6 longed wait times. 

7 (3) ANALYSIS REQUIREMENTS.—In compiling 

8 the southern border threat analysis under this sub9 section, the Secretary shall consider and examine— 

10 (A) the technology needs and challenges, 

11 including such needs and challenges identified 

12 as a result of previous investments that have 

13 not fully realized the security and operational 

14 benefits that were sought; 

15 (B) the personnel needs and challenges, in16 cluding such needs and challenges associated 

17 with recruitment and hiring; 

18 (C) the infrastructure needs and chal19 lenges; 

20 (D) the roles and authorities of State, 

21 local, and tribal law enforcement in general bor22 der security activities; 

23 (E) the status of coordination among Fed24 eral, State, local, tribal, and Mexican law en25 forcement entities relating to border security; 


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1 (F) the terrain, population density, and cli2 mate along the southern border; and 

3 (G) the international agreements between 

4 the United States and Mexico related to border 

5 security. 

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

7 the Secretary shall submit the southern border 

8 threat analysis required under this subsection in un9 classified form, but may submit a portion of the 

10 threat analysis in classified form if the Secretary de11 termines such action is appropriate. 

12 (b) U.S. BORDER PATROL STRATEGIC PLAN.— 

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

14 180 days after the submission of the threat analysis 

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

16 every 5 years thereafter, the Secretary, acting 

17 through the Chief of the U.S. Border Patrol, and in 

18 consultation with the Officer for Civil Rights and 

19 Civil Liberties of the Department of Homeland Se20 curity, shall issue a Border Patrol Strategic Plan. 

21 (2) CONTENTS.—The Border Patrol Strategic 

22 Plan required under this subsection shall include a 

23 consideration of— 

24 (A) the southern border threat analysis re25 quired under subsection (a), with an emphasis 


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1 on efforts to mitigate threats identified in such 

2 threat analysis; 

3 (B) efforts to analyze and disseminate bor4 der security and border threat information be5 tween border security components of the De6 partment of Homeland Security and other ap7 propriate Federal departments and agencies 

8 with missions associated with the southern bor9 der; 

10 (C) efforts to increase situational aware11 ness, including— 

12 (i) surveillance capabilities, including 

13 capabilities developed or utilized by the 

14 Department of Defense, and any appro15 priate technology determined to be excess 

16 by the Department of Defense; and 

17 (ii) the use of manned aircraft and 

18 unmanned aerial systems, including cam19 era and sensor technology deployed on 

20 such assets; 

21 (D) efforts to detect and prevent terrorists 

22 and instruments of terrorism from entering the 

23 United States; 


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

2 aliens and illicit drugs at the earliest possible 

3 point; 

4 (F) efforts to focus intelligence collection 

5 to disrupt transnational criminal organizations 

6 outside of the international and maritime bor7 ders of the United States; 

8 (G) efforts to ensure that any new border 

9 security technology can be operationally inte10 grated with existing technologies in use by the 

11 Department of Homeland Security; 

12 (H) any technology required to maintain, 

13 support, and enhance security and facilitate 

14 trade at ports of entry, including nonintrusive 

15 detection equipment, radiation detection equip16 ment, biometric technology, surveillance sys17 tems, and other sensors and technology that the 

18 Secretary determines to be necessary; 

19 (I) operational coordination unity of effort 

20 initiatives of the border security components of 

21 the Department of Homeland Security, includ22 ing any relevant task forces of the Department 

23 of Homeland Security; 

24 (J) lessons learned from Operation 

25 Jumpstart and Operation Phalanx; 


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1 (K) cooperative agreements and informa2 tion sharing with State, local, tribal, territorial, 

3 and other Federal law enforcement agencies 

4 that have jurisdiction on the northern border or 

5 the southern border; 

6 (L) border security information received 

7 from consultation with State, local, tribal, terri8 torial, and Federal law enforcement agencies 

9 that have jurisdiction on the northern border or 

10 the southern border, or in the maritime envi11 ronment, and from border community stake12 holders (including through public meetings with 

13 such stakeholders), including representatives 

14 from border agricultural and ranching organiza15 tions and representatives from business and 

16 civic organizations along the northern border or 

17 the southern border; 

18 (M) staffing requirements for all depart19 mental border security functions; 

20 (N) a prioritized list of departmental re21 search and development objectives to enhance 

22 the security of the southern border; 

23 (O) an assessment of training programs, 

24 including training programs for— 


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1 (i) identifying and detecting fraudu2 lent documents; 

3 (ii) understanding the scope of en4 forcement authorities and the use of force 

5 policies; and 

6 (iii) screening, identifying, and ad7 dressing vulnerable populations, such as 

8 children and victims of human trafficking; 

9 and 

10 (P) an assessment of how border security 

11 operations affect border crossing times. 

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

13 PROTECTION. 

14 (a) DUTIES.—Section 411(c) of the Homeland Secu15 rity Act of 2002 (6 U.S.C. 211(c)) is amended— 

16 (1) in paragraph (18), by striking ‘‘and’’ at the 

17 end; 

18 (2) by redesignating paragraph (19) as para19 graph (21); and 

20 (3) by inserting after paragraph (18) the fol21 lowing: 

22 ‘‘(19) administer the U.S. Customs and Border 

23 Protection public private partnerships under subtitle 

24 G; 


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1 ‘‘(20) administer preclearance operations under 

2 the Preclearance Authorization Act of 2015 (19 

3 U.S.C. 4431 et seq.); and’’. 

4 (b) OFFICE OF FIELD OPERATIONS STAFFING.—Sec5 tion 411(g)(5)(A) of the Homeland Security Act of 2002 

6 (6 U.S.C. 211(g)(5)(A)) is amended by striking the period 

7 at the end and inserting the following: ‘‘compared to the 

8 number indicated by the current fiscal year work flow 

9 staffing model.’’. 

10 (c) IMPLEMENTATION PLAN.—Section 814(e)(1)(B) 

11 of the Preclearance Authorization Act of 2015 (19 U.S.C. 

12 4433(e)(1)(B)) is amended to read as follows: 

13 ‘‘(B) a port of entry vacancy rate which 

14 compares the number of officers identified in 

15 subparagraph (A) with the number of officers 

16 at the port at which such officer is currently as17 signed.’’. 

18 SEC. 1129. AGENT AND OFFICER TECHNOLOGY USE. 

19 In carrying out section 102 of the Illegal Immigration 

20 Reform and Immigrant Responsibility Act of 1996 (as 

21 amended by section 1111 of this Act) and section 1113 

22 of this Act, the Secretary, to the greatest extent prac23 ticable, shall ensure that technology deployed to gain situ24 ational awareness and operational control of the border 


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1 be provided to front-line officers and agents of the Depart2 ment of Homeland Security. 

3 SEC. 1130. INTEGRATED BORDER ENFORCEMENT TEAMS. 

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

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

6 as amended by section 1117 of this Act, is further amend7 ed by adding at the end the following: 

8 ‘‘SEC. 435. INTEGRATED BORDER ENFORCEMENT TEAMS. 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab10 lish within the Department a program, which shall be 

11 known as the Integrated Border Enforcement Team pro12 gram (referred to in this section as the ‘IBET program’). 

13 ‘‘(b) PURPOSE.—The Secretary shall administer the 

14 IBET program in a manner that results in a cooperative 

15 approach between the United States and Canada to— 

16 ‘‘(1) strengthen security between designated 

17 ports of entry; 

18 ‘‘(2) detect, prevent, investigate, and respond to 

19 terrorism and violations of law related to border se20 curity; 

21 ‘‘(3) facilitate collaboration among components 

22 and offices within the Department and international 

23 partners; 

24 ‘‘(4) execute coordinated activities in further25 ance of border security and homeland security; and 


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1 ‘‘(5) enhance information-sharing, including the 

2 dissemination of homeland security information 

3 among such components and offices. 

4 ‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 

5 ‘‘(1) COMPOSITION.—IBETs shall be led by the 

6 U.S. Border Patrol and may be comprised of per7 sonnel from— 

8 ‘‘(A) other subcomponents of U.S. Cus9 toms and Border Protection; 

10 ‘‘(B) U.S. Immigration and Customs En11 forcement, led by Homeland Security Investiga12 tions; 

13 ‘‘(C) the Coast Guard, for the purpose of 

14 securing the maritime borders of the United 

15 States; 

16 ‘‘(D) other Department personnel, as ap17 propriate; 

18 ‘‘(E) other Federal departments and agen19 cies, as appropriate; 

20 ‘‘(F) appropriate State law enforcement 

21 agencies; 

22 ‘‘(G) foreign law enforcement partners; 

23 ‘‘(H) local law enforcement agencies from 

24 affected border cities and communities; and 


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1 ‘‘(I) appropriate tribal law enforcement 

2 agencies. 

3 ‘‘(2) LOCATION.—The Secretary is authorized 

4 to establish IBETs in regions in which such teams 

5 can contribute to IBET missions, as appropriate. 

6 When establishing an IBET, the Secretary shall con7 sider— 

8 ‘‘(A) whether the region in which the 

9 IBET would be established is significantly im10 pacted by cross-border threats; 

11 ‘‘(B) the availability of Federal, State, 

12 local, tribal, and foreign law enforcement re13 sources to participate in an IBET; and 

14 ‘‘(C) whether other joint cross-border ini15 tiatives already take place within the region in 

16 which the IBET would be established, including 

17 other Department cross-border programs such 

18 as the Integrated Cross-Border Maritime Law 

19 Enforcement Operation Program established 

20 under section 711 of the Coast Guard and Mar21 itime Transportation Act of 2012 (46 U.S.C. 

22 70101 note) or the Border Enforcement Secu23 rity Task Force established under section 432. 

24 ‘‘(3) DUPLICATION OF EFFORTS.—In deter25 mining whether to establish a new IBET or to exVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 pand an existing IBET in a given region, the Sec2 retary shall ensure that the IBET under consider3 ation does not duplicate the efforts of other existing 

4 interagency task forces or centers within such re5 gion, including the Integrated Cross-Border Mari6 time Law Enforcement Operation Program estab7 lished under section 711 of the Coast Guard and 

8 Maritime Transportation Act of 2012 (46 U.S.C. 

9 70101 note) or the Border Enforcement Security 

10 Task Force established under section 432. 

11 ‘‘(d) OPERATION.— 

12 ‘‘(1) IN GENERAL.—After determining the re13 gions in which to establish IBETs, the Secretary 

14 may— 

15 ‘‘(A) direct the assignment of Federal per16 sonnel to such IBETs; and 

17 ‘‘(B) take other actions to assist Federal, 

18 State, local, and tribal entities to participate in 

19 such IBETs, including providing financial as20 sistance, as appropriate, for operational, admin21 istrative, and technological costs associated with 

22 such participation. 

23 ‘‘(2) LIMITATION.—Coast Guard personnel as24 signed under paragraph (1) may be assigned only 

25 for the purposes of securing the maritime borders of 


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1 the United States, in accordance with subsection 

2 (c)(1)(C). 

3 ‘‘(e) COORDINATION.—The Secretary shall coordinate 

4 the IBET program with other similar border security and 

5 antiterrorism programs within the Department in accord6 ance with the strategic objectives of the Cross-Border Law 

7 Enforcement Advisory Committee. 

8 ‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec9 retary may enter into memoranda of understanding with 

10 appropriate representatives of the entities specified in sub11 section (c)(1) necessary to carry out the IBET program. 

12 ‘‘(g) REPORT.—Not later than 180 days after the 

13 date on which an IBET is established, and biannually 

14 thereafter for the following 6 years, the Secretary shall 

15 submit a report to the appropriate congressional commit16 tees, including the Committee on Homeland Security and 

17 Governmental Affairs of the Senate and the Committee 

18 on Homeland Security of the House of Representatives, 

19 and in the case of Coast Guard personnel used to secure 

20 the maritime borders of the United States, to the Com21 mittee on Transportation and Infrastructure of the House 

22 of Representatives. The report required under this sub23 section shall— 

24 ‘‘(1) describe the effectiveness of IBETs in ful25 filling the purposes specified in subsection (b); 


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1 ‘‘(2) assess the impact of certain challenges on 

2 the sustainment of cross-border IBET operations, 

3 including challenges faced by international partners; 

4 ‘‘(3) address ways to support joint training for 

5 IBET stakeholder agencies and radio interoper6 ability to allow for secure cross-border radio commu7 nications; and 

8 ‘‘(4) assess how IBETs, Border Enforcement 

9 Security Task Forces, and the Integrated Cross-Bor10 der Maritime Law Enforcement Operation Program 

11 can better align operations, including interdiction 

12 and investigation activities.’’. 

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

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

15 amended by adding after the item relating to section 434, 

16 as added by section 1117(b), the following: 

‘‘Sec. 435. Integrated Border Enforcement Teams.’’. 

17 SEC. 1131. TUNNEL TASK FORCES. 

18 The Secretary is authorized to establish Tunnel Task 

19 Forces for the purposes of detecting and remediating tun20 nels that breach the international borders of the United 

21 States. 


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1 CHAPTER 2—PERSONNEL 

2 SEC. 1141. ADDITIONAL U.S. CUSTOMS AND BORDER PRO3 TECTION AGENTS AND OFFICERS. 

4 (a) BORDER PATROL AGENTS.—Not later than Sep5 tember 30, 2021, the Commissioner of U.S. Customs and 

6 Border Protection shall hire, train, and assign sufficient 

7 agents to maintain an active duty presence of not fewer 

8 than 26,370 full-time equivalent agents. 

9 (b) CBP OFFICERS.—In addition to positions author10 ized before the date of the enactment of this Act and any 

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

12 Protection as of such date, the Commissioner shall hire, 

13 train, and assign to duty, not later than September 30, 

14 2021— 

15 (1) sufficient U.S. Customs and Border Protec16 tion officers to maintain an active duty presence of 

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

18 and 

19 (2) 350 full-time support staff distributed 

20 among all United States ports of entry. 

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

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

23 and Border Protection shall hire, train, and assign suffi24 cient agents for Air and Marine Operations of U.S. Cus25 toms and Border Protection to maintain not fewer than 


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1 1,675 full-time equivalent agents and not fewer than 264 

2 Marine and Air Interdiction Agents for southern border 

3 air and maritime operations. 

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

5 UNITS AND HANDLERS.— 

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

7 2021, the Commissioner shall deploy not fewer than 

8 300 new K–9 units, with supporting officers of U.S. 

9 Customs and Border Protection and other required 

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

11 southern border and the northern border. 

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

13 prioritize the use of canines at the primary inspec14 tion lanes at land ports of entry and checkpoints. 

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

16 HORSEBACK UNITS.— 

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

18 2021, the Commissioner shall increase the number 

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

20 Customs and Border Protection and other required 

21 staff, by not fewer than 100 officers and 50 horses 

22 for security patrol along the Southern border. 

23 (2) HORSE UNIT SUPPORT.—The Commissioner 

24 of U.S. Customs and Border Protection shall con25 struct new stables, maintain and improve existing 


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1 stables, and provide other resources needed to main2 tain the health and well-being of the horses that 

3 serve in the horseback units. 

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

5 SEARCH TRAUMA AND RESCUE TEAMS.—Not later than 

6 September 30, 2021, the Commissioner shall increase by 

7 not fewer than 50 the number of officers engaged in 

8 search and rescue activities along the southern border. 

9 (g) U.S. CUSTOMS AND BORDER PROTECTION TUN10 NEL DETECTION AND TECHNOLOGY PROGRAM.—Not 

11 later than September 30, 2021, the Commissioner shall 

12 increase by not fewer than 50 the number of officers as13 sisting task forces and activities related to deployment and 

14 operation of border tunnel detection technology and appre15 hensions of individuals using such tunnels for crossing 

16 into the United States, drug trafficking, or human smug17 gling. 

18 (h) AGRICULTURAL SPECIALISTS.—Not later than 

19 September 30, 2021, the Secretary shall hire, train, and 

20 assign to duty, in addition to the officers and agents au21 thorized under subsections (a) through (g), 631 U.S. Cus22 toms and Border Protection agricultural specialists to 

23 ports of entry along the southern border and the northern 

24 border. 


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1 (i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 

2 Not later than September 30, 2021, the Commissioner 

3 shall hire, train, and assign sufficient Office of Profes4 sional Responsibility special agents to maintain an active 

5 duty presence of not fewer than 550 full-time equivalent 

6 special agents. 

7 (j) GAO REPORT.—If the staffing levels required 

8 under this section are not achieved by September 30, 

9 2021, the Comptroller General of the United States shall 

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

11 achieved. 

12 SEC. 1142. U.S. CUSTOMS AND BORDER PROTECTION RE13 TENTION INCENTIVES. 

14 (a) DEFINITIONS.—In this section: 

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

16 means a geographic area that the Secretary deter17 mines is in a remote location or is an area for which 

18 it is difficult to find full-time permanent covered 

19 CBP employees, as compared to other ports of entry 

20 or Border Patrol sectors. 

21 (2) COVERED CBP EMPLOYEE.—The term ‘‘cov22 ered CBP employee’’ means an employee of U.S. 

23 Customs and Border Protection performing activities 

24 that are critical to border security or customs en25 forcement, as determined by the Commissioner. 


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

2 basic pay’’— 

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

4 administrative action for the position to which 

5 an employee is appointed before deductions and 

6 including any special rate under subpart C of 

7 part 530 of title 5, Code of Federal Regula8 tions, or similar payment under other legal au9 thority, and any locality-based comparability 

10 payment under subpart F of part 531 of title 

11 5, Code of Federal Regulations, or similar pay12 ment under other legal authority, but excluding 

13 additional pay of any other kind; and 

14 (B) does not include additional pay, such 

15 as night shift differentials under section 

16 5343(f) of title 5, United States Code, or envi17 ronmental differentials under section 

18 5343(c)(4) of such title. 

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

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

21 that exceeds the otherwise applicable rate of basic 

22 pay for a similar covered CBP employee at a land 

23 port of entry. 

24 (b) HIRING INCENTIVES.— 


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

2 U.S. Customs and Border Protection to hire, train, 

3 and deploy qualified officers and employees, and to 

4 the extent necessary to meet the requirements set 

5 forth in section 1141, the Commissioner, with the 

6 approval of the Secretary, may pay a hiring bonus 

7 of $10,000 to a covered CBP employee, after the 

8 covered CBP completes initial basic training and 

9 executes a written agreement required under para10 graph (2). 

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

12 hiring bonus to a covered CBP employee under 

13 paragraph (1) is contingent upon the covered CBP 

14 employee entering into a written agreement with 

15 U.S. Customs and Border Protection to complete 

16 more than 2 years of employment with U.S. Cus17 toms and Border Protection beginning on the date 

18 on which the agreement is signed. Such agreement 

19 shall include— 

20 (A) the amount of the hiring bonus; 

21 (B) the conditions under which the agree22 ment may be terminated before the required pe23 riod of service is completed and the effect of 

24 such termination; 


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1 (C) the length of the required service pe2 riod; and 

3 (D) any other terms and conditions under 

4 which the hiring bonus is payable, subject to 

5 the requirements under this section. 

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

7 to a covered CBP employee under paragraph (1) 

8 shall be paid in a single payment after the covered 

9 CBP employee completes initial basic training and 

10 enters on duty and executed the agreement under 

11 paragraph (2). 

12 (4) EXCLUSION OF SIGNING BONUS FROM RATE

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

14 employee under paragraph (1) shall not be consid15 ered part of the rate of basic pay of the covered 

16 CBP employee for any purpose. 

17 (5) EFFECTIVE DATE AND SUNSET.—This sub18 section shall take effect on the date of the enactment 

19 of this Act and shall remain in effect until the ear20 lier of— 

21 (A) September 30, 2021; or 

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

23 Border Protection has met the requirements 

24 under subsections (a) and (b) of section 1141. 

25 (c) RETENTION INCENTIVES.— 


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

2 U.S. Customs and Border Protection to retain quali3 fied employees, and to the extent necessary to meet 

4 the requirements set forth in section 1141, the Com5 missioner, with the approval of the Secretary, may 

6 pay a retention incentive to a covered CBP employee 

7 who has been employed with U.S. Customs and Bor8 der Protection for a period exceeding 2 consecutive 

9 years, and the Commissioner determines that, in the 

10 absence of the retention incentive, the covered CBP 

11 employee would likely— 

12 (A) leave the Federal service; or 

13 (B) transfer to, or be hired into, a dif14 ferent position within the Department (other 

15 than another position in CBP). 

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

17 retention incentive to a covered CBP employee under 

18 paragraph (1) is contingent upon the covered CBP 

19 employee entering into a written agreement with 

20 U.S. Customs and Border Protection to complete 

21 more than 2 years of employment with U.S. Cus22 toms and Border Protection beginning on the date 

23 on which the CBP employee enters on duty and the 

24 agreement is signed. Such agreement shall include— 

25 (A) the amount of the retention incentive; 


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

4 such termination; 

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

7 (D) any other terms and conditions under 

8 which the retention incentive is payable, subject 

9 to the requirements under this section. 

10 (3) CRITERIA.—When determining the amount 

11 of a retention incentive payable to a covered CBP 

12 employee under paragraph (1), the Commissioner 

13 shall consider— 

14 (A) the length of the Federal service and 

15 experience of the covered CBP employee; 

16 (B) the salaries for law enforcement offi17 cers in other Federal agencies; and 

18 (C) the costs of replacing the covered CBP 

19 employee, including the costs of training a new 

20 employee. 

21 (4) AMOUNT OF RETENTION INCENTIVE.—A re22 tention incentive paid to a covered CBP employee 

23 under paragraph (1)— 

24 (A) shall be approved by the Secretary and 

25 the Commissioner; 


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

2 employee’s rate of basic pay for the service pe3 riod associated with the incentive; and 

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

5 of the written agreement. 

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

7 paid to a covered CBP employee under paragraph 

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

9 the fiscal year in which the covered CBP employee 

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

11 in equal installments during the life of the service 

12 agreement, as determined by the Commissioner. 

13 (6) EXCLUSION OF RETENTION INCENTIVE

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

15 a covered CBP employee under paragraph (1) shall 

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

17 covered CBP employee for any purpose. 

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

19 COVERED AREAS.— 

20 (1) IN GENERAL.—The Commissioner may es21 tablish a pilot program to assess the feasibility and 

22 advisability of using special rates of pay for covered 

23 CBP employees in covered areas, as designated on 

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

25 the requirements under section 1141. 


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

2 of a covered CBP employee paid a special rate of 

3 pay under the pilot program may not exceed 125 

4 percent of the otherwise applicable rate of basic pay 

5 of the covered CBP employee. 

6 (3) TERMINATION.— 

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

8 subparagraph (B), the pilot program shall ter9 minate on the date that is 2 years after the 

10 date of the enactment of this Act. 

11 (B) EXTENSION.—If the Secretary deter12 mines that the pilot program is performing sat13 isfactorily and there are metrics that prove its 

14 success in meeting the requirements set forth in 

15 section 1141, the Secretary may extend the 

16 pilot program until the date that is 4 years 

17 after the date of the enactment of this Act. 

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

19 termination of the pilot program under paragraph 

20 (3), the Commissioner shall submit a report to the 

21 Committee on Homeland Security and Governmental 

22 Affairs of the Senate, the Committee on the Judici23 ary of the Senate, the Committee on Homeland Se24 curity of the House of Representatives, and the 


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1 Committee on the Judiciary of the House of Rep2 resentatives that details— 

3 (A) the total amount paid to covered CBP 

4 employees under the pilot program; and 

5 (B) the covered areas in which the pilot 

6 program was implemented. 

7 (e) SALARIES.— 

8 (1) IN GENERAL.—Section 101(b) of the En9 hanced Border Security and Visa Entry Reform Act 

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

11 follows: 

12 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS FOR CBP 

13 EMPLOYEES.—There are authorized to be appropriated to 

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

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

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

17 Protection employees who have completed at least 1 year 

18 of service— 

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

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

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

22 States Code, for officers and agents who are receiv23 ing the annual rate of basic pay payable for a posi24 tion at GS–5, GS–6, GS–7, GS–8, or GS–9 of the 

25 General Schedule; 


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

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

3 under such subchapter for supervisory CBP officers 

4 and supervisory agents who are receiving the annual 

5 rate of pay payable for a position at GS–10 of the 

6 General Schedule; 

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

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

9 under such subchapter for supervisory CBP officers 

10 and supervisory agents who are receiving the annual 

11 rate of pay payable for a position at GS–11 of the 

12 General Schedule; 

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

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

15 under such subchapter for supervisory CBP officers 

16 and supervisory Border Patrol agents who are re17 ceiving the annual rate of pay payable for a position 

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

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

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

21 Schedule for assistants who are receiving an annual 

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

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

24 (2) HARDSHIP DUTY PAY.—In addition to com25 pensation to which Border Patrol agents are otherVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 wise entitled, Border Patrol agents who are assigned 

2 to rural areas shall be entitled to receive hardship 

3 duty pay, in lieu of a retention incentive under sub4 section (b), in an amount determined by the Com5 missioner, which may not exceed the rate of special 

6 pay to which members of a uniformed service are en7 titled under section 310 of title 37, United States 

8 Code. 

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

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

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

12 ‘‘$45,000’’. 

13 SEC. 1143. ANTI-BORDER CORRUPTION REAUTHORIZATION 

14 ACT. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Building America’s Trust Act’’. 

17 (b) HIRING FLEXIBILITY.—Section 3 of the Anti18 Border Corruption Act of 2010 (6 U.S.C. 221) is amended 

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

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

21 U.S. Customs and Border Protection may waive the appli22 cation of subsection (a)(1)— 

23 ‘‘(1) to a current, full-time law enforcement of24 ficer employed by a State or local law enforcement 

25 agency who— 


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1 ‘‘(A) has continuously served as a law en2 forcement officer for not fewer than 3 years; 

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

4 supervise the prevention, detection, investiga5 tion, or prosecution of, or the incarceration of 

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

7 statutory powers for arrest or apprehension; 

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

9 has not been found to have engaged in criminal 

10 activity or serious misconduct, has not resigned 

11 from a law enforcement officer position under 

12 investigation or in lieu of termination, and has 

13 not been dismissed from a law enforcement offi14 cer position; and 

15 ‘‘(D) has, during the past 10 years, suc16 cessfully completed a polygraph examination as 

17 a condition of employment with such officer’s 

18 current law enforcement agency; 

19 ‘‘(2) to a current, full-time Federal law enforce20 ment officer who— 

21 ‘‘(A) has continuously served as a law en22 forcement officer for not fewer than 3 years; 

23 ‘‘(B) is authorized to make arrests, con24 duct investigations, conduct searches, make seiVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 zures, carry firearms, and serve orders, war2 rants, and other processes; 

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

4 has not been found to have engaged in criminal 

5 activity or serious misconduct, has not resigned 

6 from a law enforcement officer position under 

7 investigation or in lieu of termination, and has 

8 not been dismissed from a law enforcement offi9 cer position; and 

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

11 investigation or current Tier 5 background in12 vestigation; and 

13 ‘‘(3) to a member of the Armed Forces (or a re14 serve component thereof) or a veteran, if such indi15 vidual— 

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

17 not fewer than 3 years; 

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

19 years, a Secret, Top Secret, or Top Secret/Sen20 sitive Compartmented Information clearance; 

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

22 past 5 years, a current Tier 4 background in23 vestigation or current Tier 5 background inves24 tigation; 


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

2 honorable discharge from service in the Armed 

3 Forces and has not engaged in criminal activity 

4 or committed a serious military or civil offense 

5 under the Uniform Code of Military Justice; 

6 and 

7 ‘‘(E) was not granted any waivers to ob8 tain the clearance referred to subparagraph 

9 (B). 

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

11 authority to issue a waiver under subsection (b) shall ter12 minate on the date that is 4 years after the date of the 

13 enactment of the Building America’s Trust Act.’’. 

14 (c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND

15 DEFINITIONS.— 

16 (1) SUPPLEMENTAL COMMISSIONER AUTHOR17 ITY.—Section 4 of the Anti-Border Corruption Act 

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

19 as follows: 

20 ‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 

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

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

23 requirements relating to suitability for employment and 

24 eligibility to hold a national security designated position, 


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

2 Border Protection. 

3 ‘‘(b) BACKGROUND INVESTIGATIONS.—Any indi4 vidual who receives a waiver under section 3(b) and holds 

5 a current Tier 4 background investigation shall be subject 

6 to a Tier 5 background investigation. 

7 ‘‘(c) ADMINISTRATION OF POLYGRAPH EXAMINA8 TION.—The Commissioner of U.S. Customs and Border 

9 Protection is authorized to administer a polygraph exam10 ination to an applicant or employee who is eligible for, or 

11 receives a waiver under, section 3(b) if information is dis12 covered before the completion of a background investiga13 tion that results in a determination that a polygraph ex14 amination is necessary to make a final determination re15 garding suitability for employment or continued employ16 ment, as the case may be.’’. 

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

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

19 amended by adding at the end the following: 

20 ‘‘SEC. 5. REPORTING. 

21 ‘‘(a) ANNUAL REPORT.—Not later than 1 year after 

22 the date of the enactment of the Building America’s Trust 

23 Act, and annually thereafter while the waiver authority 

24 under section 3(b) is in effect, the Commissioner of U.S. 

25 Customs and Border Protection shall submit a report to 


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1 Congress that includes, with respect to each such report2 ing period— 

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

4 and denied under section 3(b); 

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

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

7 hired after receiving a waiver; 

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

9 was administered to an applicant who initially re10 ceived a waiver and the results of such polygraph; 

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

12 polygraph waiver program on filling law enforcement 

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

14 and 

15 ‘‘(6) additional authorities needed by U.S. Cus16 toms and Border Protection to better utilize the 

17 polygraph waiver program for its intended goals. 

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

19 submitted under subsection (a) shall include— 

20 ‘‘(1) an analysis of other methods of employ21 ment suitability tests that detect deception and could 

22 be used in conjunction with traditional background 

23 investigations to evaluate potential employees for 

24 suitability; and 


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1 ‘‘(2) a recommendation regarding whether a 

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

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

4 polygraph examination requirement is waived pursu5 ant to section 3(b).’’. 

6 (3) DEFINITIONS.—The Anti-Border Corrup7 tion Act of 2010, as amended by paragraphs (1) and 

8 (2), is further amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 6. DEFINITIONS. 

11 ‘‘In this Act: 

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

13 The term ‘Federal law enforcement officer’ has the 

14 meaning given the term ‘law enforcement officer’ in 

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

16 States Code. 

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

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

19 offense for which— 

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

21 be discharged or separated from service in the 

22 Armed Forces; and 

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

24 authorized for the same or a closely related of25 fense under the Manual for Court-Martial, as 


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1 pursuant to Army Regulation 635-200 chapter 

2 14–12. 

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

4 ‘Tier 5’ with respect to background investigations 

5 have the meaning given such terms under the Fed6 eral Investigative Standards prescribed by the Office 

7 of Personnel Management and the Office of the Di8 rector of National Intelligence in December 2012. 

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

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

11 38, United States Code.’’. 

12 (d) POLYGRAPH EXAMINERS.—Not later than Sep13 tember 30, 2021, the Secretary shall increase to not fewer 

14 than 150 the number of trained full-time equivalent poly15 graph examiners for administering polygraphs under the 

16 Anti-Border Corruption Act of 2010, as amended by this 

17 section. 

18 SEC. 1144. TRAINING FOR OFFICERS AND AGENTS OF U.S. 

19 CUSTOMS AND BORDER PROTECTION. 

20 (a) IN GENERAL.—Section 411(l) of the Homeland 

21 Security Act of 2002 (6 U.S.C. 211(l)) is amended to read 

22 as follows: 

23 ‘‘(l) TRAINING AND CONTINUING EDUCATION.— 

24 ‘‘(1) MANDATORY TRAINING AND CONTINUING

25 EDUCATION.—The Commissioner shall ensure that 


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1 every agent and officer of U.S. Customs and Border 

2 Protection receives at least 21 weeks of training that 

3 is directly related to the mission of the U.S. Border 

4 Patrol, Air and Marine, and the Office of Field Op5 erations before the initial assignment of such agents 

6 and officers. 

7 ‘‘(2) FLETC.—The Commissioner shall work 

8 in consultation with the Director of the Federal Law 

9 Enforcement Training Centers to establish guide10 lines and curriculum for the training of agents and 

11 officers of U.S. Customs and Border Protection 

12 under subsection (a). 

13 ‘‘(3) CONTINUING EDUCATION.—The Commis14 sioner shall require all agents and officers of U.S. 

15 Customs and Border Protection who are required to 

16 undergo training under subsection (a) to participate 

17 in not fewer than 8 hours of continuing education 

18 annually to maintain and update understanding of 

19 Federal legal rulings, court decisions, and Depart20 ment policies, procedures, and guidelines related to 

21 relevant subject matters. 

22 ‘‘(4) LEADERSHIP TRAINING.—Not later than 1 

23 year after the date of the enactment of this sub24 section, the Commissioner shall develop and require 

25 training courses geared towards the development of 


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1 leadership skills for mid- and senior-level career em2 ployees not later than 1 year after such employees 

3 assume duties in supervisory roles.’’. 

4 (b) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Commissioner shall sub6 mit a report to the Committee on Finance of the Senate, 

7 the Committee on Homeland Security and Governmental 

8 Affairs of the Senate, the Committee on Homeland Secu9 rity of the House of Representatives, and the Committee 

10 on Ways and Means of the House of Representatives that 

11 identifies the guidelines and curriculum established to 

12 carry out section 411(l) of the Homeland Security Act of 

13 2002, as amended by subsection (a) of this section. 

14 (c) ASSESSMENT.—Not later than four years after 

15 the date of the enactment of this Act, the Comptroller 

16 General of the United States shall submit to the Com17 mittee on Homeland Security of the House of Representa18 tives and the Committee on Homeland Security and Gov19 ernmental Affairs of the Senate a report that assesses the 

20 training and education, including continuing education, 

21 required under subsection (l) of section 411 of the Home22 land Security Act of 2002, as amended by subsection (a). 


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1 SEC. 1145. ADDITIONAL U.S. IMMIGRATION AND CUSTOMS 

2 ENFORCEMENT PERSONNEL. 

3 (a) ENFORCEMENT AND REMOVAL OFFICERS.—By 

4 not later than September 30, 2021, the Director of U.S. 

5 Immigration and Customs Enforcement shall increase the 

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

7 and Customs Enforcement Enforcement and Removal Op8 erations law enforcement officers performing interior im9 migration enforcement functions to not fewer than 8,500. 

10 (b) HOMELAND SECURITY INVESTIGATIONS SPECIAL

11 AGENTS.—By not later than September 30, 2021, the Di12 rector of U.S. Immigration and Customs Enforcement 

13 shall increase the number of trained, full-time, active duty 

14 Homeland Security Investigations special agents by not 

15 fewer than 1,500. 

16 (c) BORDER ENFORCEMENT SECURITY TASK

17 FORCE.—By not later than September 30, 2021, the Di18 rector of U.S. Immigration and Customs Enforcement 

19 shall assign not fewer than 100 Homeland Security Inves20 tigations special agents to the Border Enforcement Secu21 rity Task Force Program established under section 432 

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

23 SEC. 1146. OTHER IMMIGRATION AND LAW ENFORCEMENT 

24 PERSONNEL. 

25 (a) DEPARTMENT OF JUSTICE.— 


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1 (1) UNITED STATES ATTORNEYS.—By not later 

2 than September 30, 2021, in addition to positions 

3 authorized before the date of the enactment of this 

4 Act and any existing attorney vacancies within the 

5 Department of Justice on such date of enactment, 

6 the Attorney General shall— 

7 (A) increase by not fewer than 100 the 

8 number of Assistant United States Attorneys, 

9 and 

10 (B) increase by not fewer than 50 the 

11 number of Special Assistant United States At12 torneys in the United States Attorneys’ office to 

13 litigate denaturalization and other immigration 

14 cases in the Federal courts. 

15 (2) IMMIGRATION JUDGES.— 

16 (A) ADDITIONAL IMMIGRATION JUDGES.— 

17 By not later than September 30, 2021, in addi18 tion to positions authorized before the date of 

19 the enactment of this Act and any existing va20 cancies within the Department of Justice on 

21 such date of enactment, and subject to the 

22 availability of appropriations, the Attorney Gen23 eral shall increase by 200 the number of trained 

24 full-time immigration judges. 


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1 (B) FACILITIES AND SUPPORT PER2 SONNEL.—The Attorney General is authorized 

3 to procure space, temporary facilities, and sup4 port staff, on an expedited basis, to accommo5 date the additional immigration judges author6 ized under subparagraph (A). 

7 (3) BOARD OF IMMIGRATION APPEALS.— 

8 (A) BOARD MEMBERS.—By not later than 

9 September 30, 2021, the Attorney General shall 

10 increase the number of Board Members author11 ized to serve on the Board of Immigration Ap12 peals to 25. 

13 (B) STAFF ATTORNEYS.—By not later 

14 than September 30, 2021, in addition to posi15 tions authorized before the date of the enact16 ment of this Act and any existing staff attorney 

17 vacancies within the Department of Justice on 

18 such date of enactment, and subject to the 

19 availability of appropriations, the Attorney Gen20 eral shall increase the number of staff attorneys 

21 assigned to support the Board of Immigration 

22 Appeals by not fewer than 50. 

23 (C) FACILITIES AND SUPPORT PER24 SONNEL.—The Attorney General is authorized 

25 to procure space, temporary facilities, and reVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 quired administrative support staff, on an expe2 dited basis, to accommodate the additional 

3 Board Members authorized under subparagraph 

4 (A). 

5 (4) OFFICE OF IMMIGRATION LITIGATION.—By 

6 not later than September 30, 2021, in addition to 

7 positions authorized before the date of the enact8 ment of this Act and any existing vacancies within 

9 the Department of Justice on such date of enact10 ment, and subject to the availability of appropria11 tions, the Attorney General shall increase by not 

12 fewer than 100 the number of attorneys for the Of13 fice of Immigration Litigation. 

14 (b) DEPARTMENT OF HOMELAND SECURITY.— 

15 (1) FRAUD DETECTION AND NATIONAL SECU16 RITY OFFICERS.—By not later than September 30, 

17 2021, in addition to positions authorized before the 

18 date of the enactment of this Act and any existing 

19 officer vacancies within the Department of Home20 land Security on such date of enactment, and sub21 ject to the availability of appropriations, the Direc22 tor of U.S. Citizenship and Immigration Services 

23 shall increase by not fewer than 100 the number of 

24 trained full-time active duty Fraud Detection and 

25 National Security (FDNS) officers. 


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1 (2) ICE HOMELAND SECURITY INVESTIGATIONS

2 FORENSIC DOCUMENT LABORATORY PERSONNEL.— 

3 By not later than September 30, 2021, in addition 

4 to positions authorized before the date of the enact5 ment of this Act and any existing officer vacancies 

6 within the Department of Homeland Security on 

7 such date of enactment, the Director of U.S. Immi8 gration and Customs Enforcement shall increase— 

9 (A) the number of trained, full-time Foren10 sic Document Laboratory Examiners by 15; 

11 (B) the number of trained, full-time Fin12 gerprint Specialists by 15; 

13 (C) the number of trained, full-time Intel14 ligence Officers by 10; and 

15 (D) the number of trained, full-time ad16 ministrative staff by 3. 

17 (3) IMMIGRATION ATTORNEYS.— 

18 (A) OFFICE OF THE PRINCIPAL LEGAL AD19 VISOR ATTORNEYS.—By not later than Sep20 tember 30, 2021, in addition to positions au21 thorized before the date of the enactment of 

22 this Act and any existing attorney vacancies 

23 within the Department of Homeland Security 

24 on such date of enactment, the Director of U.S. 

25 Immigration and Customs Enforcement shall 


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1 increase the number of trained, full-time, active 

2 duty Office of Principal Legal Advisor attorneys 

3 by not fewer than 1,200. The majority of such 

4 attorneys shall perform duties related to litiga5 tion of removal proceedings and representing 

6 the Department of Homeland Security in immi7 gration matters before the immigration courts 

8 within the Department of Justice, the Executive 

9 Office for Immigration Review, and enforce10 ment of U.S. customs and trade laws. At least 

11 50 of these additional attorney positions shall 

12 be by the Attorney General to increase the 

13 number of U.S. Immigration and Customs En14 forcement attorneys serving as Special Assist15 ant U.S. Attorneys, on detail to the Depart16 ment of Justice, Offices of the U.S. Attorneys, 

17 to assist with immigration-related litigation. 

18 (B) USCIS IMMIGRATION ATTORNEYS.— 

19 By not later than September 30, 2021, in addi20 tion to positions authorized before the date of 

21 the enactment of this Act and any existing at22 torney vacancies within the Department of 

23 Homeland Security on such date of enactment, 

24 the Director of U.S. Citizenship and Immigra25 tion Services shall increase the number of 


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1 trained, full-time, active duty Office of Chief 

2 Counsel attorneys by not fewer than 250. Such 

3 attorneys shall primarily handle national secu4 rity and public safety cases, denaturalization 

5 cases, and legal sufficiency reviews of immigra6 tion benefit decisions. At least 50 of these addi7 tional attorney positions shall be used by the 

8 Attorney General to increase the number of 

9 U.S. Citizenship and Immigration Service attor10 neys serving as Special Assistant U.S. Attor11 neys, on detail to the Department of Justice, 

12 Offices of the U.S. Attorneys, to assist with im13 migration-related litigation. 

14 (C) FACILITIES AND SUPPORT PER15 SONNEL.—The Attorney General and Secretary 

16 are authorized to procure space, temporary fa17 cilities, and to hire the required administrative 

18 and legal support staff, on an expedited basis, 

19 to accommodate the additional positions author20 ized under this paragraph. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated, for each of 

23 the fiscal years 2018 through 2021, such sums as 

24 may be necessary to carry out this subsection. 

25 (c) DEPARTMENT OF STATE.— 


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1 (1) VISA SPECIALISTS.—By not later than Sep2 tember 30, 2021, in addition to positions authorized 

3 before the date of the enactment of this Act and any 

4 existing attorney vacancies within the Department 

5 on such date of enactment, the Assistant Secretary 

6 of State for Consular Affairs shall increase the num7 ber of trained, full-time analysts within the Bureau 

8 of Consular Affairs by not fewer than 50. Such ana9 lysts primarily should handle and advise on cases 

10 and matters involving the potential for visa denial on 

11 the basis of national security and public safety con12 cerns. 

13 (2) IMMIGRATION ATTORNEYS.—By not later 

14 than September 30, 2021, in addition to positions 

15 authorized before the date of the enactment of this 

16 Act and any existing attorney vacancies within the 

17 Department on such date of enactment, the Assist18 ant Secretary of State for Consular Affairs shall in19 crease the number of trained, full-time, active attor20 neys adviser within the Bureau of Consular Affairs 

21 by not fewer than 25. Such attorneys primarily 

22 should handle and advise on cases and matters in23 volving the potential for visa denial on the basis of 

24 national security and public safety concerns. 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated, for each of 

3 the fiscal years 2018 through 2021, $15,000,000 to 

4 carry out this section. 

5 SEC. 1147. JUDICIAL RESOURCES FOR BORDER SECURITY. 

6 (a) BORDER CROSSING PROSECUTIONS; CRIMINAL

7 CONSEQUENCE INITIATIVE.— 

8 (1) IN GENERAL.—Amounts appropriated pur9 suant to paragraph (3) shall be used— 

10 (A) to increase the number of criminal 

11 prosecutions for unlawful border crossing in 

12 each and every sector of the southern border by 

13 not less than 80 percent per day, as compared 

14 to the average number of such prosecutions per 

15 day during the 12-month period preceding the 

16 date of the enactment of this Act, by increasing 

17 funding for— 

18 (i) attorneys and administrative sup19 port staff in offices of United States attor20 neys; 

21 (ii) support staff and interpreters in 

22 court clerks’ offices; 

23 (iii) pre-trial services; 

24 (iv) activities of the Office of the Fed25 eral Public Defender, including payments 


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1 to retain appointed counsel under section 

2 3006A of title 18, United States Code; and 

3 (v) additional personnel, including 

4 deputy United States marshals in the 

5 United States Marshals Service, to perform 

6 intake, coordination, transportation, and 

7 court security; and 

8 (B) to reimburse Federal, State, local, and 

9 tribal law enforcement agencies for any deten10 tion costs related to the increased border cross11 ing prosecutions carried out pursuant to sub12 paragraph (A). 

13 (2) ADDITIONAL MAGISTRATE JUDGES TO AS14 SIST WITH INCREASED CASELOAD.—The chief judge 

15 of each judicial district located within a sector of the 

16 southern border is authorized to appoint additional 

17 full-time magistrate judges, who, consistent with the 

18 Constitution and laws of the United States, shall 

19 have the authority to hear cases and controversies in 

20 the judicial district in which the magistrate judges 

21 are appointed. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated, for each of 

24 the fiscal years 2018 through 2021, such sums as 

25 may be necessary to carry out this subsection. 


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1 (b) ADDITIONAL PERMANENT DISTRICT COURT

2 JUDGESHIPS IN SOUTHERN BORDER STATES.— 

3 (1) IN GENERAL.—The President shall appoint, 

4 by and with the advice and consent of the Senate— 

5 (A) 4 additional district judges for the Dis6 trict of Arizona; 

7 (B) 2 additional district judges for the 

8 Southern District of California; 

9 (C) 4 additional district judges for the 

10 Western District of Texas; and 

11 (D) 2 additional district judges for the 

12 Southern District of Texas. 

13 (2) CONVERSIONS OF TEMPORARY DISTRICT

14 COURT JUDGESHIPS.—The judgeships for the Dis15 trict of Arizona and the Central District of Cali16 fornia authorized under section 312(c) of the 21st 

17 Century Department of Justice Appropriations Au18 thorization Act (28 U.S.C. 133 note), in existence on 

19 the day before the date of the enactment of this Act, 

20 shall be authorized under section 133 of title 28, 

21 United States Code, and the individuals holding 

22 such judgeships on such day shall hold office under 

23 section 133 of title 28, United States Code, as 

24 amended by paragraph (3). 


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1 (3) TECHNICAL AND CONFORMING AMEND2 MENTS.—The table contained in section 133(a) of 

3 title 28, United States Code, is amended— 

4 (A) by striking the item relating to the dis5 trict of Arizona and inserting the following: 

‘‘Arizona ................................................................. 17’’; 

6 (B) by striking the items relating to Cali7 fornia and inserting the following : 

‘‘California: 

Northern ................................................................. 19 

Eastern ................................................................... 12 

Central .................................................................... 28 

Southern ................................................................. 15’’; and 

8 (C) by striking the items relating to Texas 

9 and inserting the following : 

‘‘Texas: 

Northern ................................................................. 12 

Southern ................................................................. 21 

Eastern ................................................................... 7 

Western .................................................................. 17’’. 

10 (c) INCREASE IN FILING FEES.— 

11 (1) IN GENERAL.—Section 1914(a) of title 28, 

12 United States Code, is amended— 

13 (A) by striking ‘‘$350’’ and inserting 

14 ‘‘$375’’; and 

15 (B) by striking ‘‘$5’’ and inserting ‘‘$7’’. 

16 (2) EXPENDITURE LIMITATION.—Incremental 

17 amounts collected pursuant to the amendments 

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1 ting receipts in the special fund of the Treasury es2 tablished under section 1931 of title 28, United 

3 States Code. Such amounts shall be available solely 

4 for the purpose of facilitating the processing of civil 

5 cases, but only to the extent specifically appro6 priated by an Act of Congress enacted after the date 

7 of the enactment of this Act. 

8 SEC. 1148. REIMBURSEMENT TO STATE AND LOCAL PROS9 ECUTORS FOR FEDERALLY INITIATED, IMMI10 GRATION-RELATED CRIMINAL CASES. 

11 (a) IN GENERAL.—The Attorney General shall reim12 burse State, county, tribal, and municipal governments for 

13 costs associated with the prosecution of federally initiated 

14 criminal cases declined to be prosecuted by local offices 

15 of the United States attorneys, including costs relating to 

16 pre-trial services, detention, clerical support, and public 

17 defenders’ services associated to such prosecution. 

18 (b) EXCEPTION.—Reimbursement under subsection 

19 (a) shall not be available, at the discretion of the Attorney 

20 General, if the Attorney General determines that there is 

21 reason to believe that the jurisdiction seeking reimburse22 ment has engaged in unlawful conduct in connection with 

23 immigration-related apprehensions. 


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1 CHAPTER 3—GRANTS 

2 SEC. 1151. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

3 Section 241(i) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(i)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by inserting ‘‘AUTHORIZATION.—’’ be7 fore ‘‘If the chief’’; and 

8 (B) by inserting ‘‘or an alien with an un9 known status’’ after ‘‘undocumented criminal 

10 alien’’ each place that term appears; 

11 (2) by striking paragraphs (2) and (3) and in12 serting the following: 

13 ‘‘(2) COMPENSATION.— 

14 ‘‘(A) CALCULATION OF COMPENSATION.— 

15 Compensation under paragraph (1)(A) shall be 

16 the average cost of incarceration of a prisoner 

17 in the relevant State, as determined by the At18 torney General. 

19 ‘‘(B) COMPENSATION OF STATE FOR IN20 CARCERATION.—The Attorney General shall 

21 compensate the State or political subdivision of 

22 the State, in accordance with subparagraph 

23 (A), for the incarceration of an alien— 

24 ‘‘(i) whose immigration status cannot 

25 be verified by the Secretary; and 


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1 ‘‘(ii) who would otherwise be an un2 documented criminal alien if the alien is 

3 unlawfully present in the United States. 

4 ‘‘(3) DEFINITIONS.—In this subsection: 

5 ‘‘(A) ALIEN WITH AN UNKNOWN STA6 TUS.—The term ‘alien with an unknown status’ 

7 means an individual— 

8 ‘‘(i) who has been incarcerated by a 

9 Federal, State, or local law enforcement 

10 entity; and 

11 ‘‘(ii) whose immigration status cannot 

12 be definitively identified. 

13 ‘‘(B) UNDOCUMENTED CRIMINAL ALIEN.— 

14 The term ‘undocumented criminal alien’ means 

15 an alien who— 

16 ‘‘(i) has been charged with or con17 victed of a felony or any misdemeanors; 

18 and 

19 ‘‘(ii)(I) entered the United States 

20 without inspection or at any time or place 

21 other than as designated by the Secretary; 

22 ‘‘(II) was the subject of exclusion or 

23 deportation or removal proceedings at the 

24 time he or she was taken into custody by 


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1 the State or a political subdivision of the 

2 State; or 

3 ‘‘(III) was admitted as a non4 immigrant and, at the time he or she was 

5 taken into custody by the State or a polit6 ical subdivision of the State, has failed to 

7 maintain the nonimmigrant status in which 

8 the alien was admitted or to which it was 

9 changed under section 248, or to comply 

10 with the conditions of any such status.’’; 

11 (3) in paragraph (4), by inserting ‘‘and aliens 

12 with an unknown status’’ after ‘‘undocumented 

13 criminal aliens’’ each place that term appears; 

14 (4) in paragraph (5)(C), by striking ‘‘to carry 

15 out this subsection’’ and all that follows and insert16 ing ‘‘$950,000,000, for each of the fiscal years 2018 

17 through 2021, to carry out this subsection.’’; and 

18 (5) by adding at the end the following: 

19 ‘‘(7) DISTRIBUTION OF REIMBURSEMENT.—Any 

20 funds provided to a State or a political subdivision 

21 of a State as compensation under paragraph (1)(A) 

22 for a fiscal year shall be distributed to such State 

23 or political subdivision not later than 120 days after 

24 the last day of the period specified by the Attorney 


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1 General for the submission of requests under that 

2 paragraph for that fiscal year.’’. 

3 SEC. 1152. SOUTHERN BORDER SECURITY ASSISTANCE 

4 GRANTS. 

5 (a) AUTHORITY.— 

6 (1) IN GENERAL.—The Secretary, in consulta7 tion with State and local law enforcement agencies, 

8 may award border security assistance grants to law 

9 enforcement agencies located in the Southwest bor10 der region for the purposes described in subsection 

11 (b). 

12 (2) PRIORITY.—In awarding grants under this 

13 section, the Secretary shall give priority to law en14 forcement agencies located in a county that is lo15 cated within 25 miles of the Southern border. 

16 (b) PURPOSES.—Each grant awarded under sub17 section (a) shall be used to address drug trafficking, 

18 smuggling, and border violence— 

19 (1) by obtaining law enforcement equipment 

20 and tools, including secure 2-way communication de21 vices, portable laptops and office computers, license 

22 plate readers, unmanned aerial vehicles, unmanned 

23 aircraft systems, manned aircraft, cameras with 

24 night viewing capabilities, and any other appropriate 

25 law enforcement equipment; 


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1 (2) by hiring additional personnel, including ad2 ministrative support personnel, dispatchers, and 

3 jailers, and to provide overtime pay for such per4 sonnel; 

5 (3) by purchasing law enforcement vehicles; 

6 (4) by providing high performance aircraft and 

7 helicopters for border surveillance and other critical 

8 mission applications and paying for the operational 

9 and maintenance costs associated with such craft; 

10 (5) by providing critical power generation sys11 tems, infrastructure, and technological upgrades to 

12 support State and local data management systems 

13 and fusion centers; or 

14 (6) by providing specialized training and paying 

15 for the direct operating expenses associated with de16 tecting and prosecuting drug trafficking, human 

17 smuggling, and other illegal activity or violence that 

18 occurs at or near the Southern border. 

19 (c) APPLICATION.— 

20 (1) REQUIREMENT.—A law enforcement agency 

21 seeking a grant under subsection (a), or a nonprofit 

22 organization or coalition acting as an agent for 1 or 

23 more such law enforcement entities, shall submit an 

24 application to the Secretary that includes the inforVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 mation described in paragraph (2) at such time and 

2 in such manner as the Secretary may require. 

3 (2) CONTENT.—Each application submitted 

4 under paragraph (1) shall include— 

5 (A) a description of the activities to be car6 ried out with a grant awarded under subsection 

7 (a); 

8 (B) if equipment will be purchased with 

9 the grant, a detailed description of— 

10 (i) the type and quantity of such 

11 equipment; and 

12 (ii) the personnel who will be using 

13 such equipment; 

14 (C) a description of the need of the law en15 forcement agency or agencies for the grant, in16 cluding a description of the inability of the 

17 agency or agencies to carry out the proposed 

18 activities without the grant; and 

19 (D) an assurance that the agency or agen20 cies will, to the extent practicable, seek, recruit, 

21 and hire women and members of racial and eth22 nic minority groups in law enforcement posi23 tions of the agency or agencies. 

24 (d) REVIEW AND AWARD.— 


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1 (1) REVIEW.—Not later than 90 days after re2 ceiving an application submitted under subsection 

3 (c), the Secretary shall review and approve or reject 

4 the application. 

5 (2) AWARD OF FUNDS.—Subject to the avail6 ability of appropriations, not later than 45 days 

7 after the date an application is approved under 

8 paragraph (1), the Secretary shall transmit the 

9 grant funds to the applicant. 

10 (3) PRIORITY.—In distributing grant funds 

11 under this subsection, priority shall be given to high12 intensity areas for drug trafficking, smuggling, and 

13 border violence. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated, for each of the fiscal years 

16 1019 and 2020, $300,000,000 for grants authorized 

17 under this section. 

18 SEC. 1153. OPERATION STONEGARDEN. 

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

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

21 is amended by adding at the end the following: 

22 ‘‘SEC. 2009. OPERATION STONEGARDEN. 

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

24 Department a program to be known as ‘Operation 

25 Stonegarden’, under which the Secretary, acting through 


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1 the Administrator, shall make grants to eligible law en2 forcement agencies, through the State administrative 

3 agency, to enhance border security in accordance with this 

4 section. 

5 ‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re6 ceive a grant under this section, a law enforcement agen7 cy— 

8 ‘‘(1) shall be located in— 

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

10 or 

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

12 border; and 

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

14 U.S. Customs and Border Protection operation co15 ordinated through a U.S. Border Patrol sector of16 fice. 

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

18 under this section may use such grant for— 

19 ‘‘(1) equipment, including maintenance and 

20 sustainment costs; 

21 ‘‘(2) personnel, including overtime and backfill, 

22 in support of enhanced border law enforcement ac23 tivities; 

24 ‘‘(3) any activity permitted for Operation 

25 Stonegarden under the Department of Homeland 


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1 Security’s Fiscal Year 2017 Homeland Security 

2 Grant Program Notice of Funding Opportunity; and 

3 ‘‘(4) any other appropriate activity, as deter4 mined by the Administrator, in consultation with the 

5 Commissioner of U.S. Customs and Border Protec6 tion. 

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

8 shall award grants under this section to grant recipients 

9 for a period of not less than 36 months. 

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

11 through 2022, the Administrator shall submit a report to 

12 the Committee on Homeland Security and Governmental 

13 Affairs of the Senate and the Committee on Homeland 

14 Security of the House of Representatives containing infor15 mation on the expenditure of grants made under this sec16 tion by each grant recipient. 

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

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

19 of the fiscal years 2018 through 2022, for grants under 

20 this section.’’. 

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

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

23 amended to read as follows: 

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

25 the Administrator, may award grants under sections 2003, 


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1 2004, and 2009 to State, local, and tribal governments, 

2 as appropriate.’’. 

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

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

5 amended by inserting after the item relating to section 

6 2008 the following: 

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

7 SEC. 1154. GRANTS FOR IDENTIFICATION OF VICTIMS OF 

8 CROSS-BORDER HUMAN SMUGGLING. 

9 In addition to any funding for grants made available 

10 to the Attorney General for State and local law enforce11 ment assistance, the Attorney General shall award grants 

12 to county, municipal, or tribal governments in States 

13 along the southern border for costs, or reimbursement of 

14 costs, associated with the transportation and processing 

15 of unidentified alien remains that have been transferred 

16 to an official medical examiner’s office or an institution 

17 of higher education in the area with the capacity to ana18 lyze human remains using forensic best practices, includ19 ing DNA testing, where such expenses may contribute to 

20 the collection and analysis of information pertaining to 

21 missing and unidentified persons. 

22 SEC. 1155. GRANT ACCOUNTABILITY. 

23 (a) DEFINITIONS.—In this section: 

24 (1) AWARDING ENTITY.—The term ‘‘awarding 

25 entity’’ means the Secretary, the Administrator of 


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1 the Federal Emergency Management Agency, the 

2 Director of the National Science Foundation, or the 

3 Chief of the Office of Citizenship and New Ameri4 cans. 

5 (2) NONPROFIT ORGANIZATION.—The term 

6 ‘‘nonprofit organization’’ means an organization that 

7 is described in section 501(c)(3) of the Internal Rev8 enue Code of 1986 and is exempt from taxation 

9 under section 501(a) of such Code. 

10 (3) UNRESOLVED AUDIT FINDING.—The term 

11 ‘‘unresolved audit finding’’ means a finding in a 

12 final audit report conducted by the Inspector Gen13 eral of the Department of Homeland Security, or the 

14 Inspector General for the National Science Founda15 tion for grants awarded by the Director of the Na16 tional Science Foundation, that the audited grantee 

17 has utilized grant funds for an unauthorized expend18 iture or otherwise unallowable cost that is not closed 

19 or resolved within one year after the date when the 

20 final audit report is issued. 

21 (b) ACCOUNTABILITY.—All grants awarded by an 

22 awarding entity pursuant to this subtitle shall be subject 

23 to the following accountability provisions: 

24 (1) AUDIT REQUIREMENT.— 


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1 (A) AUDITS.—Beginning in the first fiscal 

2 year beginning after the date of the enactment 

3 of this Act, and in each fiscal year thereafter, 

4 the Inspector General of the Department of 

5 Homeland Security, or the Inspector General 

6 for the National Science Foundation for grants 

7 awarded by the Director of the National 

8 Science Foundation, shall conduct audits of re9 cipients of grants under this subtitle or any 

10 amendments made by this subtitle to prevent 

11 waste, fraud, and abuse of funds by grantees. 

12 Such Inspectors General shall determine the ap13 propriate number of grantees to be audited 

14 each year. 

15 (B) MANDATORY EXCLUSION.—A recipient 

16 of grant funds under this subtitle that is found 

17 to have an unresolved audit finding shall not be 

18 eligible to receive grant funds under this sub19 title or any amendment made by this subtitle 

20 during the first 2 fiscal years beginning after 

21 the end of the 1-year period described in sub22 section (A). 

23 (C) PRIORITY.—In awarding a grant under 

24 this subtitle or any amendment made by this 

25 subtitle, the awarding entity shall give priority 


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1 to eligible applicants that did not have an unre2 solved audit finding during the 3 fiscal years 

3 immediately preceding the date on which the 

4 entity submitted the application for such grant. 

5 (D) REIMBURSEMENT.—If an entity is 

6 awarded grant funds under this subtitle or any 

7 amendment made by this subtitle during the 2- 

8 year period when the entity is barred from re9 ceiving grants under subparagraph (B), the 

10 awarding entity shall— 

11 (i) deposit an amount equal to the 

12 amount of the grant funds that were im13 properly awarded to such entity into the 

14 general fund of the Treasury; and 

15 (ii) seek to recover the costs of the re16 payment under clause (i) from such entity. 

17 (2) NONPROFIT ORGANIZATION REQUIRE18 MENTS.— 

19 (A) PROHIBITION.—An awarding entity 

20 may not award a grant under this subtitle or 

21 any amendment made by this subtitle to a non22 profit organization that holds money in offshore 

23 accounts for the purpose of avoiding the tax im24 posed under section 511(a) of the Internal Rev25 enue Code of 1986. 


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1 (B) DISCLOSURE.—Each nonprofit organi2 zation that is awarded a grant under this sub3 title or any amendment made by this subtitle 

4 and uses the procedures prescribed by Internal 

5 Revenue regulations to create a rebuttable pre6 sumption of reasonableness for the compensa7 tion of its officers, directors, trustees, and key 

8 employees, shall disclose to the awarding entity, 

9 in the application for the grant, the process for 

10 determining such compensation, including the 

11 independent persons involved in reviewing and 

12 approving such compensation, the comparability 

13 data used, and contemporaneous substantiation 

14 of the deliberation and decision. Upon request, 

15 the awarding entity shall make the information 

16 disclosed under this subparagraph available for 

17 public inspection. 

18 (3) CONFERENCE EXPENDITURES.— 

19 (A) LIMITATION.—Amounts authorized to 

20 be appropriated to the Department of Home21 land Security or the National Science Founda22 tion for grant programs under this subtitle or 

23 any amendment made by this subtitle may not 

24 be used by an awarding entity to host or sup25 port any expenditure for conferences that uses 


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1 more than $20,000 in funds made available by 

2 the Department of Homeland Security or the 

3 National Science Foundation unless the Deputy 

4 Secretary for Homeland Security, or the Dep5 uty Director of the National Science Founda6 tion, or their designee, provides prior written 

7 authorization that the funds may be expended 

8 to host the conference. 

9 (B) WRITTEN APPROVAL.—Written ap10 proval under subparagraph (A) shall include a 

11 written estimate of all costs associated with the 

12 conference, including the cost of all food, bev13 erages, audio-visual equipment, honoraria for 

14 speakers, and entertainment. 

15 (C) REPORT.—The Deputy Secretary of 

16 Homeland Security and the Deputy Director of 

17 the National Science Foundation shall submit 

18 an annual report to Congress that identifies all 

19 conference expenditures approved under this 

20 paragraph. 

21 (4) ANNUAL CERTIFICATION.—Beginning in the 

22 first fiscal year beginning after the date of the en23 actment of this Act, each awarding entity shall sub24 mit a report to Congress that— 

25 (A) indicates whether— 


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1 (i) all audits issued by the Offices of 

2 the Inspector General under paragraph (1) 

3 have been completed and reviewed by the 

4 appropriate individuals; 

5 (ii) all mandatory exclusions required 

6 under paragraph (1)(B) have been issued; 

7 and 

8 (iii) all reimbursements required 

9 under paragraph (1)(D) have been made; 

10 and 

11 (B) includes a list of any grant recipients 

12 excluded under paragraph (1) during the pre13 vious year. 

14 CHAPTER 4—AUTHORIZATION OF 

15 APPROPRIATIONS 

16 SEC. 1161. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—In addition to amounts otherwise 

18 authorized to be appropriated, there are authorized to be 

19 appropriated, for each of the fiscal years 2018 through 

20 2021, $2,500,000,000 to implement this title and the 

21 amendments made by this title, of which— 

22 (1) $10,000,000 shall be used by the Depart23 ment of Homeland Security to implement Vehicle 

24 and Dismount Exploitation Radars (VADER) in 

25 border security operations; 


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1 (2) $3,000,000 shall be used by the Depart2 ment of Homeland Security to implement 3-dimen3 sional, seismic, acoustic detection and ranging bor4 der tunneling detection technology on the southern 

5 border; 

6 (3) $200,000,000 shall be used by the Depart7 ment of State to implement section 1120; and 

8 (4) $200,000,000 shall be used by the United 

9 States Coast Guard to implement section 

10 1114(a)(18). 

11 (b) HIGH INTENSITY DRUG TRAFFICKING AREA

12 PROGRAM.—Section 707(p)(5) of the Office of National 

13 Drug Control Policy Reauthorization Act of 1998 (21 

14 U.S.C. 1706(p)(5)) is amended by striking ‘‘to the Office 

15 of National Drug Control Policy’’ and all that follows and 

16 inserting ‘‘$280,000,000 to the Office of National Drug 

17 Control Policy for each of the fiscal years 2018 through 

18 2021 to carry out this section.’’. 

19 Subtitle B—Emergency Port of 

20 Entry Personnel and Infrastruc21 ture Funding 

22 SEC. 1201. DEFINITIONS. 

23 In this subtitle: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; 

6 (B) the Committee on Finance of the Sen7 ate; 

8 (C) the Committee on the Judiciary of the 

9 Senate; 

10 (D) the Committee on Homeland Security 

11 of the House of Representatives; 

12 (E) the Committee on Ways and Means of 

13 the House of Representatives; and 

14 (F) the Committee on the Judiciary of the 

15 House of Representatives. 

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

17 the Secretary of Homeland Security. 

18 SEC. 1202. PORTS OF ENTRY INFRASTRUCTURE. 

19 (a) ADDITIONAL PORTS OF ENTRY.— 

20 (1) AUTHORITY.—The Secretary may construct 

21 new ports of entry along the northern border and 

22 the southern border and determine the location of 

23 any such new ports of entry. 

24 (2) CONSULTATION.— 


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1 (A) REQUIREMENT TO CONSULT.—The 

2 Secretary shall consult with the Secretary of 

3 State, the Secretary of the Interior, the Sec4 retary of Agriculture, the Secretary of Trans5 portation, the Administrator of General Serv6 ices, and appropriate representatives of State 

7 and local governments, and Indian tribes, and 

8 property owners in the United States before se9 lecting a location for any new port constructed 

10 pursuant to paragraph (1). 

11 (B) CONSIDERATIONS.—The purpose of 

12 the consultations required under subparagraph 

13 (A) shall be to minimize any negative impacts 

14 of such a new port on the environment, culture, 

15 commerce, and quality of life of the commu16 nities and residents located near such new port. 

17 (b) EXPANSION AND MODERNIZATION OF HIGH-VOL18 UME SOUTHERN BORDER PORTS OF ENTRY.—Not later 

19 than September 30, 2021, the Secretary shall expand or 

20 modernize the primary and secondary inspection lanes for 

21 vehicle, cargo, and pedestrian inbound and outbound in22 spection lanes at ports of entry on the southern border, 

23 as determined by the Secretary, for the purposes of reduc24 ing wait times and enhancing security, as determined by 

25 the Secretary. 


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1 (c) PORT OF ENTRY PRIORITIZATION.—Before con2 structing any new ports of entry pursuant to subsection 

3 (a), the Secretary shall complete the expansion and mod4 ernization of ports of entry pursuant to subsection (b) to 

5 the extent practicable. 

6 (d) NOTIFICATIONS.— 

7 (1) NEW PORTS OF ENTRY.—Not later than 15 

8 days after determining the location of any new port 

9 of entry for construction pursuant to subsection (a), 

10 the Secretary shall submit a report to the appro11 priate congressional committees and the Members of 

12 Congress who represent the State or congressional 

13 district in which such new port of entry will be lo14 cated that includes— 

15 (A) information relating to the location of 

16 such new port of entry; 

17 (B) a description of the need for such new 

18 port of entry and associated anticipated bene19 fits; 

20 (C) a description of the consultations un21 dertaken by the Secretary pursuant to sub22 section (a)(2); 

23 (D) any actions that will be taken to mini24 mize negative impacts of such new port of 

25 entry; and 


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1 (E) the anticipated time line for the con2 struction and completion of such new port of 

3 entry. 

4 (2) EXPANSION AND MODERNIZATION OF PORTS

5 OF ENTRY.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary shall no7 tify the appropriate congressional committees of— 

8 (A) the ports of entry on the southern bor9 der selected for expansion or modernization 

10 pursuant to subsection (b); and 

11 (B) the Secretary’s plan for expanding or 

12 modernizing the primary and secondary inspec13 tion lanes at each such port of entry. 

14 SEC. 1203. SECURE COMMUNICATIONS. 

15 (a) IN GENERAL.—The Secretary shall ensure that 

16 each U.S. Customs and Border Protection and U.S. Immi17 gration and Customs Enforcement officer or agent, if ap18 propriate, is equipped with a secure 2-way communication 

19 device, supported by system interoperability, that allows 

20 each such officer to communicate— 

21 (1) between ports of entry and inspection sta22 tions; and 

23 (2) with other Federal, State, tribal, and local 

24 law enforcement entities. 


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1 (b) LAND BORDER AGENTS AND OFFICERS.—The 

2 Secretary shall ensure that each U.S. Customs and Border 

3 Protection agent or officer assigned or required to patrol 

4 on foot, by horseback, or with a canine unit, in remote 

5 mission critical locations, and at border checkpoints, has 

6 a multi- or dual-band encrypted portable radio. 

7 SEC. 1204. BORDER SECURITY DEPLOYMENT PROGRAM. 

8 (a) EXPANSION.—Not later than September 30, 

9 2021, the Secretary shall fully implement U.S. Customs 

10 and Border Protection’s Border Security Deployment Pro11 gram and expand the integrated surveillance and intrusion 

12 detection system at land ports of entry along the southern 

13 border and the northern border. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi15 tion to amounts otherwise authorized to be appropriated 

16 for such purpose, there is authorized to be appropriated 

17 $33,000,000, for each of the fiscal year 2018 through 

18 2021, to carry out subsection (a). 

19 SEC. 1205. PILOT AND UPGRADE OF LICENSE PLATE READ20 ERS AT PORTS OF ENTRY. 

21 (a) UPGRADE.—Not later than 1 year after the date 

22 of the enactment of this Act, the Commissioner of U.S. 

23 Customs and Border Protection shall upgrade all existing 

24 license plate readers on the northern border or the south25 ern border on incoming and outgoing vehicle lanes. 


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1 (b) PILOT PROGRAM.—Not later than 90 days after 

2 the date of the enactment of this Act, the Commissioner 

3 of U.S. Customs and Border Protection shall conduct a 

4 1-month pilot program on the southern border using li5 cense plate readers for 1 to 2 cargo lanes at the top 3 

6 high-volume land ports of entry or checkpoints to deter7 mine their effectiveness in reducing cross-border wait 

8 times for commercial traffic and tractor-trailers. 

9 (c) REPORT.—Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary shall submit 

11 a report to the appropriate congressional committees that 

12 contains— 

13 (1) the results of the pilot program under sub14 section (b); and 

15 (2) recommendations for using such technology 

16 on the southern border. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi18 tion to amounts otherwise authorized to be appropriated 

19 for such purpose, there is authorized to be appropriated 

20 $125,000,000 for fiscal year 2018 to carry out subsection 

21 (a). 

22 SEC. 1206. BIOMETRIC TECHNOLOGY. 

23 (a) BIOMETRIC STORAGE.— 

24 (1) CREATION OR EXPANSION OF SYSTEM.— 

25 Not later than 180 days after the date of the enactVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 ment of this Act, the Secretary shall create a system 

2 (or upgrade and expand the capability and capacity 

3 of an existing system, if a Department of Homeland 

4 Security system already has capability and capacity 

5 for storage) to allow for the storage of fingerprints, 

6 photographs, iris scans, voice prints, and any other 

7 biometric data of aliens that can be used by the De8 partment of Homeland Security, other Federal agen9 cies, and State and local law enforcement agencies 

10 for identity verification, authentication, background 

11 checks, and document production. 

12 (2) COMPATIBILITY.—The Secretary shall en13 sure, to the extent possible, that the system created 

14 or expanded under paragraph (1) is compatible with 

15 existing State and local law enforcement systems 

16 that are used for the collection and storage of bio17 metric data for criminal aliens. 

18 (b) PILOT PROGRAM.—When the system created 

19 under subsection (a) is operational, U.S. Immigration and 

20 Customs Enforcement and U.S. Citizenship and Immigra21 tion Services shall conduct a 6-month pilot program on 

22 the collection and use of iris scans and voice prints for 

23 identity verification, authentication, background checks, 

24 and document production. 


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1 (c) REPORT.—Not later than 6 months after the con2 clusion of the pilot program under subsection (b), the Sec3 retary shall report the results of the pilot program and 

4 make recommendations for using such technology to— 

5 (1) the Committee on Homeland Security and 

6 Governmental Affairs of the Senate; 

7 (2) the Committee on the Judiciary of the Sen8 ate; 

9 (3) the Committee on Homeland Security of the 

10 House of Representatives; and 

11 (4) the Committee on the Judiciary of the 

12 House of Representatives. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to amounts otherwise authorized to be appropriated, 

15 there are authorized to be appropriated, for each of the 

16 fiscal years 2018 through 2021, $10,000,000 carry out 

17 this section. 

18 SEC. 1207. NONINTRUSIVE INSPECTION OPERATIONAL 

19 DEMONSTRATION PROJECT. 

20 (a) IN GENERAL.— 

21 (1) ESTABLISHMENT.—Not later than 6 

22 months after the date of the enactment of this Act, 

23 the Commissioner shall establish a 6-month oper24 ational demonstration project to deploy a high25 throughput nonintrusive passenger vehicle inspection 


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1 system at not fewer than 3 land ports of entry along 

2 the United States-Mexico border with significant 

3 cross-border traffic. 

4 (2) LOCATION.—The demonstration project es5 tablished under paragraph (1)— 

6 (A) shall be located within the pre-primary 

7 traffic flow; and 

8 (B) should be scalable to span up to 26 

9 contiguous in-bound traffic lanes without recon10 figuration of existing lanes. 

11 (b) REPORT.—Not later than 90 days after the con12 clusion of the operational demonstration project under 

13 subsection (a), the Commissioner shall submit a report to 

14 the Committee on Homeland Security and Governmental 

15 Affairs of the Senate, the Committee on Finance of the 

16 Senate, the Committee on Homeland Security of the 

17 House of Representatives, and the Committee on Ways 

18 and Means of the House of Representatives that de19 scribes— 

20 (1) the effects of the demonstration project on 

21 legitimate travel and trade; 

22 (2) the effects of the demonstration project on 

23 wait times, including processing times, for non-pe24 destrian traffic; and 


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1 (3) the effectiveness of the demonstration 

2 project in combating terrorism and smuggling. 

3 SEC. 1208. BIOMETRIC EXIT DATA SYSTEM. 

4 (a) IN GENERAL.—Subtitle B of title IV of the 

5 Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 

6 is amended by inserting after section 418 the following: 

7 ‘‘SEC. 419. BIOMETRIC ENTRY-EXIT. 

8 ‘‘(a) ESTABLISHMENT.—The Secretary— 

9 ‘‘(1) not later than 180 days after the date of 

10 the enactment of this section, shall submit an imple11 mentation plan to the Committee on Homeland Se12 curity and Governmental Affairs of the Senate, the 

13 Committee on the Judiciary of the Senate, the Com14 mittee on Homeland Security of the House of Rep15 resentatives, and the Committee on the Judiciary of 

16 the House of Representatives for establishing a bio17 metric exit data system to complete the integrated 

18 biometric entry and exit data system required under 

19 section 7208 of the Intelligence Reform and Ter20 rorism Prevention Act of 2004 (8 U.S.C. 1365b), in21 cluding— 

22 ‘‘(A) an integrated master schedule and 

23 cost estimate, including requirements and de24 sign, development, operational, and mainte25 nance costs of such a system, that takes into 


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1 account prior reports on such matters issued by 

2 the Government Accountability Office and the 

3 Department; 

4 ‘‘(B) cost-effective staffing and personnel 

5 requirements of such a system that leverages 

6 existing resources of the Department that takes 

7 into account prior reports on such matters 

8 issued by the Government Accountability Office 

9 and the Department; 

10 ‘‘(C) a consideration of training programs 

11 necessary to establish such a system that takes 

12 into account prior reports on such matters 

13 issued by the Government Accountability Office 

14 and the Department; 

15 ‘‘(D) a consideration of how such a system 

16 will affect arrival and departure wait times that 

17 takes into account prior reports on such matter 

18 issued by the Government Accountability Office 

19 and the Department; 

20 ‘‘(E) information received after consulta21 tion with private sector stakeholders, including 

22 the— 

23 ‘‘(i) trucking industry; 

24 ‘‘(ii) airport industry; 

25 ‘‘(iii) airline industry; 


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1 ‘‘(iv) seaport industry; 

2 ‘‘(v) travel industry; and 

3 ‘‘(vi) biometric technology industry; 

4 ‘‘(F) a consideration of how trusted trav5 eler programs in existence as of the date of the 

6 enactment of this Act may be impacted by, or 

7 incorporated into, such a system; 

8 ‘‘(G) defined metrics of success and mile9 stones; 

10 ‘‘(H) identified risks and mitigation strate11 gies to address such risks; 

12 ‘‘(I) a consideration of how other countries 

13 have implemented a biometric exit data system; 

14 and 

15 ‘‘(J) a list of statutory, regulatory, or ad16 ministrative authorities needed to integrate 

17 such a system into the operations of the Trans18 portation Security Administration; and 

19 ‘‘(2) not later than 2 years after the date of the 

20 enactment of this section, shall establish a biometric 

21 exit data system at— 

22 ‘‘(A) the 15 United States airports that 

23 support the highest volume of international air 

24 travel, as determined by available Federal flight 

25 data; 


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1 ‘‘(B) the 10 United States seaports that 

2 support the highest volume of international sea 

3 travel, as determined by available Federal travel 

4 data; and 

5 ‘‘(C) the 15 United States land ports of 

6 entry that support the highest volume of vehi7 cle, pedestrian, and cargo crossings, as deter8 mined by available Federal border crossing 

9 data. 

10 ‘‘(b) IMPLEMENTATION.— 

11 ‘‘(1) PILOT PROGRAM AT LAND PORTS OF

12 ENTRY FOR NON-PEDESTRIAN OUTBOUND TRAF13 FIC.—Not later than 6 months after the date of the 

14 enactment of this section, the Secretary, in collabo15 ration with industry stakeholders, shall establish a 

16 6-month pilot program to test the biometric exit 

17 data system referred to in subsection (a)(2) on non18 pedestrian outbound traffic at not fewer than 3 land 

19 ports of entry with significant cross-border traffic, 

20 including at not fewer than 2 land ports of entry on 

21 the southern land border and at least 1 land port of 

22 entry on the northern land border. Such pilot pro23 gram may include a consideration of more than 1 bi24 ometric mode, and shall be implemented to deter25 mine— 


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1 ‘‘(A) how a nationwide implementation of 

2 such biometric exit data system at land ports of 

3 entry shall be carried out; 

4 ‘‘(B) the infrastructure required to carry 

5 out subparagraph (A); 

6 ‘‘(C) the effects of such pilot program on 

7 legitimate travel and trade; 

8 ‘‘(D) the effects of such pilot program on 

9 wait times, including processing times, for such 

10 nonpedestrian traffic; 

11 ‘‘(E) the effects of such pilot program on 

12 combating terrorism; and 

13 ‘‘(F) the effects of such pilot program on 

14 identifying visa holders who violate the terms of 

15 their visas. 

16 ‘‘(2) EXPANSION TO LAND PORTS OF ENTRY

17 FOR NONPEDESTRIAN OUTBOUND TRAFFIC.— 

18 ‘‘(A) IN GENERAL.—Not later than 5 years 

19 after the date of the enactment of this section, 

20 the Secretary shall expand the biometric exit 

21 data system referred to in subsection (a)(2) to 

22 all land ports of entry, and such system shall 

23 apply only in the case of nonpedestrian out24 bound traffic. 


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1 ‘‘(B) EXTENSION.—The Secretary may ex2 tend for a single 2-year period the date speci3 fied in subparagraph (A) if the Secretary cer4 tifies to the Committee on Homeland Security 

5 and Governmental Affairs of the Senate, the 

6 Committee on the Judiciary of the Senate, the 

7 Committee on Homeland Security of the House 

8 of Representatives, and the Committee on the 

9 Judiciary of the House of Representatives that 

10 the 15 land ports of entry that support the 

11 highest volume of passenger vehicles, as deter12 mined by available Federal data, do not have 

13 the physical infrastructure or characteristics to 

14 install the systems necessary to implement a bi15 ometric exit data system. 

16 ‘‘(3) EXPANSION TO AIR AND SEA PORTS OF

17 ENTRY.—Not later than 5 years after the date of 

18 the enactment of this section, the Secretary shall ex19 pand the biometric exit data system referred to in 

20 subsection (a)(2) to all air and sea ports of entry. 

21 ‘‘(4) EXPANSION TO LAND PORTS OF ENTRY

22 FOR PEDESTRIANS.—Not later than 5 years after 

23 the date of the enactment of this section, the Sec24 retary shall expand the biometric exit data system 

25 referred to in subsection (a)(2) to all land ports of 


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1 entry, and such system shall apply only in the case 

2 of pedestrians. 

3 ‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR4 TATION.—The Secretary, in consultation with appropriate 

5 private sector stakeholders, shall ensure that the collection 

6 of biometric data under this section causes the least pos7 sible disruption to the movement of people or cargo in air, 

8 sea, or land transportation, while fulfilling the goals of im9 proving counterterrorism efforts and identifying visa hold10 ers who violate the terms of their visas. 

11 ‘‘(d) TERMINATION OF PROCEEDING.—Notwith12 standing any other provision of law, the Secretary shall, 

13 on the date of the enactment of this section, terminate 

14 the proceeding entitled ‘Collection of Alien Biometric Data 

15 Upon Exit From the United States at Air and Sea Ports 

16 of Departure; United States Visitor and Immigrant Status 

17 Indicator Technology Program (‘‘US-VISIT’’)’, issued on 

18 April 24, 2008 (73 Fed. Reg. 22065). 

19 ‘‘(e) DATA-MATCHING.—The biometric exit data sys20 tem established under this section shall— 

21 ‘‘(1) match biometric information for an indi22 vidual who is departing the United States against bi23 ometric data previously provided to the United 

24 States Government by such individual for the pur25 poses of international travel; 


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1 ‘‘(2) leverage the infrastructure and databases 

2 of the current biometric entry and exit system estab3 lished pursuant to section 7208 of the Intelligence 

4 Reform and Terrorism Prevention Act of 2004 (8 

5 U.S.C. 1365b) for the purpose described in para6 graph (1); and 

7 ‘‘(3) be interoperable with, and allow matching 

8 against, other Federal databases that— 

9 ‘‘(A) store biometrics of known or sus10 pected terrorists; and 

11 ‘‘(B) identify visa holders who violate the 

12 terms of their visas. 

13 ‘‘(f) SCOPE.— 

14 ‘‘(1) IN GENERAL.—The biometric exit data 

15 system established under this section shall include a 

16 requirement for the collection of biometric exit data 

17 at the time of departure for all categories of individ18 uals who are required by the Secretary to provide bi19 ometric entry data. 

20 ‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID21 UALS.—This section shall not apply in the case of an 

22 individual who exits and then enters the United 

23 States on a passenger vessel (as such term is defined 

24 in section 2101 of title 46, United States Code) the 


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1 itinerary of which originates and terminates in the 

2 United States. 

3 ‘‘(3) EXCEPTION FOR LAND PORTS OF

4 ENTRY.—This section shall not apply in the case of 

5 a United States or Canadian citizen who exits the 

6 United States through a land port of entry. 

7 ‘‘(g) COLLECTION OF DATA.—The Secretary may not 

8 require any non-Federal person to collect biometric data, 

9 or contribute to the costs of collecting or administering 

10 the biometric exit data system established under this sec11 tion, except through a mutual agreement. 

12 ‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 

13 subsections (a)(1) and (b), the Secretary shall make every 

14 effort to collect biometric data using multiple modes of 

15 biometrics. 

16 ‘‘(i) FACILITIES.—All facilities at which the biometric 

17 exit data system established under this section is imple18 mented shall provide and maintain space for Federal use 

19 that is adequate to support biometric data collection and 

20 other inspection-related activity. For non-federally owned 

21 facilities, such space shall be provided and maintained at 

22 no cost to the Government. 

23 ‘‘(j) NORTHERN LAND BORDER.—In the case of the 

24 northern land border, the requirements under subsections 

25 (a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 


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1 the sharing of biometric data provided to U.S. Customs 

2 and Border Protection by the Canadian Border Services 

3 Agency pursuant to the 2011 Beyond the Border agree4 ment. 

5 ‘‘(k) FAIR AND OPEN COMPETITION.—The Secretary 

6 shall procure goods and services to implement this section 

7 via fair and open competition in accordance with the Fed8 eral Acquisition Regulations. 

9 ‘‘(l) OTHER BIOMETRIC INITIATIVES.—The Sec10 retary may pursue biometric initiatives at air, land, and 

11 sea ports of entry for the purposes of border security and 

12 trade facilitation distinct from the biometric exit data sys13 tem described in this section. 

14 ‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 

15 days after the date of the enactment of this section, the 

16 Secretary shall submit to reports and recommendations to 

17 the Committee on Homeland Security and Governmental 

18 Affairs of the Senate, the Committee on the Judiciary of 

19 the Senate, the Committee on Homeland Security of the 

20 House of Representatives, and the Committee on the Judi21 ciary of the House of Representatives regarding the 

22 Science and Technology Directorate’s Air Entry and Exit 

23 Re-Engineering Program of the Department and the U.S. 

24 Customs and Border Protection entry and exit mobility 

25 program demonstrations. 


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1 ‘‘(n) SAVINGS CLAUSE.—Nothing in this section may 

2 be construed to prohibit the collection of user fees per3 mitted by section 13031 of the Consolidated Omnibus 

4 Budget Reconciliation Act of 1985 (19 U.S.C. 58c).’’. 

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

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

7 amended by inserting after the item relating to section 

8 417 the following: 

‘‘Sec. 419. Biometric entry-exit.’’. 

9 SEC. 1209. SENSE OF CONGRESS ON COOPERATION BE10 TWEEN AGENCIES. 

11 (a) FINDING.—Congress finds that personnel con12 straints exist at land ports of entry with regard to sanitary 

13 and phytosanitary inspections for exported goods. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that, in the best interest of cross-border trade and 

16 the agricultural community— 

17 (1) any lack of certified personnel for inspection 

18 purposes at ports of entry should be addressed by 

19 seeking cooperation between agencies and depart20 ments of the United States, whether in the form of 

21 a memorandum of understanding or through a cer22 tification process, whereby additional existing agents 

23 are authorized for additional hours to facilitate the 

24 crossing and trade of perishable goods in a manner 


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1 consistent with rules of the Department of Agri2 culture; and 

3 (2) cross designation should be available for 

4 personnel who will assist more than one agency or 

5 department at land ports of entry to facilitate in6 creased trade and commerce. 

7 SEC. 1210. AUTHORIZATION OF APPROPRIATIONS. 

8 In addition to any amounts otherwise authorized to 

9 be appropriated for such purpose, there is authorized to 

10 be appropriated $1,250,000,000 for each of the fiscal 

11 years 2018 through 2021 to carry out this title, of 

12 which— 

13 (1) $2,000,000 shall be used by the Secretary 

14 for— 

15 (A) hiring additional Uniform Management 

16 Center support personnel; 

17 (B) purchasing uniforms for U.S. Customs 

18 and Border Protection officers and agents; 

19 (C) acquiring additional motor vehicles to 

20 support vehicle mounted surveillance systems; 

21 (D) hiring additional motor vehicle pro22 gram support personnel; and 

23 (E) contract support for customer service, 

24 vendor management, and operations manage25 ment; 


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1 (2) $250,000,000 per year shall be used to im2 plement the biometric exit data system described in 

3 section 419 of the Homeland Security Act of 2002, 

4 as added by section 1208 of this Act; and 

5 (3) $65,000,000 shall be used by the Secretary 

6 to purchase— 

7 (A) new AS350, UH-60L, and UAS-Native 

8 M9 aircrafts; 

9 (B) required support equipment; and 

10 (C) initial spare parts for southern and 

11 northern border security and maritime oper12 ations. 

13 Subtitle C—Domestic Security and 

14 Interior Enforcement 

15 CHAPTER 1—GENERAL MATTERS 

16 SEC. 1301. ENDING CATCH AND RELEASE FOR REPEAT IM17 MIGRATION VIOLATORS AND CRIMINALS 

18 ALIENS. 

19 (a) IN GENERAL.—Section 236 of the Immigration 

20 and Nationality Act (8 U.S.C. 1226) is amended by strik21 ing the section heading and subsections (a) through (c) 

22 and inserting the following: 

23 ‘‘SEC. 236. APPREHENSION AND DETENTION OF ALIENS. 

24 ‘‘(a) ARREST, DETENTION, AND RELEASE.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, on a war2 rant issued by the Secretary, may arrest an alien 

3 and detain the alien pending a decision on whether 

4 the alien is to be removed from the United States 

5 up until the alien has an administratively final order 

6 of removal. Except as provided in subsection (c) and 

7 pending such decision, the Secretary— 

8 ‘‘(A) may— 

9 ‘‘(i) continue to detain the arrested 

10 alien; 

11 ‘‘(ii) release the alien on bond of at 

12 least $5,000, with security approved by, 

13 and containing conditions prescribed by, 

14 the Secretary; or 

15 ‘‘(iii) release the alien on his or her 

16 own recognizance, subject to appropriate 

17 conditions set forth by the Secretary, if the 

18 Secretary determines that the alien will not 

19 pose a danger to the safety of other per20 sons or of property and is likely to appear 

21 for any scheduled proceeding; and 

22 ‘‘(B) may not provide the alien with work 

23 authorization (including an ‘employment au24 thorized’ endorsement or other appropriate 

25 work permit) or advance parole to travel outside 


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1 of the United States, unless the alien is lawfully 

2 admitted for permanent residence or otherwise 

3 would (without regard to removal proceedings) 

4 be provided such authorization. 

5 ‘‘(b) REVOCATION OF BOND OR PAROLE.—The Sec6 retary, at any time, may revoke bond or parole authorized 

7 under subsection (a), rearrest the alien under the original 

8 warrant, and detain the alien. 

9 ‘‘(c) MANDATORY DETENTION OF CRIMINAL

10 ALIENS.— 

11 ‘‘(1) CRIMINAL ALIENS.—The Secretary shall 

12 take into custody and continue to detain any alien 

13 at any time after the alien is released, without re14 gard to whether the alien is released on parole, su15 pervised release, and without regard to whether the 

16 alien may be arrested or imprisoned again for the 

17 same offense, if the alien— 

18 ‘‘(A)(i) has not been admitted or paroled 

19 into the United States; and 

20 ‘‘(ii) was apprehended anywhere within 

21 100 miles of the international border of the 

22 United States; 

23 ‘‘(B) is inadmissible by reason of having 

24 committed any offense covered in section 

25 212(a)(2); 


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1 ‘‘(C) is deportable by reason of having 

2 committed any offense covered in section 

3 237(a)(2); 

4 ‘‘(D) is convicted for an offense under sec5 tion 275(a); 

6 ‘‘(E) is convicted for an offense under sec7 tion 276; 

8 ‘‘(F) is convicted for any criminal offense; 

9 or 

10 ‘‘(G) is inadmissible under section 

11 212(a)(3)(B) or deportable under section 

12 237(a)(4)(B). 

13 ‘‘(2) RELEASE.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the Secretary may release an 

16 alien described in paragraph (1) only if the Sec17 retary decides pursuant to section 3251 of title 

18 18, United States Code, and in accordance with 

19 a procedure that considers the severity of the 

20 offense committed by the alien, that— 

21 ‘‘(i) release of the alien from custody 

22 is necessary to provide protection to— 

23 ‘‘(I) a witness; 

24 ‘‘(II) a potential witness; 


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1 ‘‘(III) a person cooperating with 

2 an investigation into major criminal 

3 activity; or 

4 ‘‘(IV) an immediate family mem5 ber or close associate of a witness, po6 tential witness, or person cooperating 

7 with such an investigation; and 

8 ‘‘(ii) the alien demonstrates to the 

9 satisfaction of the Secretary that the 

10 alien— 

11 ‘‘(I) is not a flight risk; 

12 ‘‘(II) poses no danger to the safe13 ty of other persons or of property; 

14 ‘‘(III) is not a threat to national 

15 security or public safety; and 

16 ‘‘(IV) is likely to appear at any 

17 scheduled proceeding. 

18 ‘‘(B) ARRESTED, BUT NOT CONVICTED, 

19 ALIENS.— 

20 ‘‘(i) RELEASE FOR PROCEEDINGS.— 

21 The Secretary may release any alien held 

22 pursuant to paragraph (1) to the appro23 priate authority for any proceedings subse24 quent to the arrest. 


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1 ‘‘(ii) RESUMPTION OF CUSTODY.—If 

2 an alien is released pursuant to clause (i), 

3 the Secretary shall— 

4 ‘‘(I) resume custody of the alien 

5 during any period pending the final 

6 disposition of any such proceedings 

7 that the alien is not in the custody of 

8 such appropriate authority; and 

9 ‘‘(II) if the alien is not convicted 

10 of the offense for which the alien was 

11 arrested, the Secretary shall continue 

12 to detain the alien until removal pro13 ceedings are completed.’’. 

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

15 in the first section of the Immigration and Nationality Act 

16 is amended by striking the item relating to section 236 

17 and inserting the following: 

‘‘Sec. 236. Apprehension and detention of aliens.’’. 

18 SEC. 1302. DETERRING VISA OVERSTAYS. 

19 (a) ADMISSION OF NONIMMIGRANTS.—Section 214 of 

20 the Immigration and Nationality Act (8 U.S.C. 1184) is 

21 amended by striking the section heading and all that fol22 lows through subsection (a)(1) and inserting the following: 

23 ‘‘SEC. 214. ADMISSION OF NONIMMIGRANTS. 

24 ‘‘(a) IN GENERAL.— 

25 ‘‘(1) TERMS AND CONDITIONS OF ADMISSION.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graphs (B) and (C), the admission to the 

3 United States of any alien as a nonimmigrant 

4 may be for such time and under such conditions 

5 as the Secretary may prescribe, including when 

6 the Secretary deems necessary the giving of a 

7 bond with sufficient surety in such sum and 

8 containing such conditions as the Secretary 

9 shall prescribe, to insure that at the expiration 

10 of such time or upon failure to maintain the 

11 status under which the alien was admitted, or 

12 to maintain any status subsequently acquired 

13 under section 248, such alien will depart from 

14 the United States. 

15 ‘‘(B) GUAM OR CNMI VISA WAIVER NON16 IMMIGRANTS.—No alien admitted to Guam or 

17 the Commonwealth of the Northern Mariana Is18 lands without a visa pursuant to section 212(l) 

19 may be authorized to enter or stay in the 

20 United States other than in Guam or the Com21 monwealth of the Northern Mariana Islands or 

22 to remain in Guam or the Commonwealth of 

23 the Northern Mariana Islands for a period ex24 ceeding 45 days from the date of admission to 


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1 Guam or the Commonwealth of the Northern 

2 Mariana Islands. 

3 ‘‘(C) VISA WAIVER PROGRAM NON4 IMMIGRANTS.—No alien admitted to the United 

5 States without a visa pursuant to section 217 

6 may be authorized to remain in the United 

7 States as a nonimmigrant visitor for a period 

8 exceeding 90 days from the date of admission. 

9 ‘‘(D) BAR TO IMMIGRATION BENEFITS AND

10 TO CONTESTING REMOVAL.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii), except for an alien admitted as a non13 immigrant under subparagraph (A) or (G) 

14 of section 101(a)(15) or a NATO non15 immigrant, any alien who remains in the 

16 United States beyond the period of stay 

17 authorized by the Secretary, without good 

18 cause is ineligible for all immigration bene19 fits or relief available under the immigra20 tion laws, including relief under sections 

21 240B, 245, 248, and 249, other than— 

22 ‘‘(I) asylum; 

23 ‘‘(II) relief as a victim of traf24 ficking under section 101(a)(15)(T); 


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1 ‘‘(III) relief as a victim of crimi2 nal activity under section 

3 101(a)(15)(U); 

4 ‘‘(IV) relief as a VAWA self-peti5 tioner; 

6 ‘‘(V) relief as a battered spouse 

7 or child under section 240A(b)(2); 

8 ‘‘(VI) withholding of removal 

9 under section 241(b)(3); or 

10 ‘‘(VII) protection from removal 

11 based on a claim under the Conven12 tion Against Torture and Other Cruel, 

13 Inhuman or Degrading Treatment or 

14 Punishment, done at New York, De15 cember 10, 1984. 

16 ‘‘(ii) EXCEPTION.—The Secretary 

17 may, in the Secretary’s sole and 

18 unreviewable discretion, determine that a 

19 nonimmigrant is not subject to clause (i) 

20 if— 

21 ‘‘(I) the alien was lawfully admit22 ted to the United States as a non23 immigrant; 

24 ‘‘(II) the alien filed a nonfrivo25 lous application for change of status 


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1 to another nonimmigrant category or 

2 extension of stay before the date of 

3 expiration of the alien’s authorized pe4 riod of stay as a nonimmigrant; 

5 ‘‘(III) the alien has not been em6 ployed without authorization in the 

7 United States, before, or during pend8 ency of the application; 

9 ‘‘(IV) the alien has not otherwise 

10 violated the terms of the alien’s non11 immigrant status; and 

12 ‘‘(V) the Secretary, in the Sec13 retary’s sole and unreviewable discre14 tion, determines that the alien is not 

15 a threat to national security or public 

16 safety. 

17 ‘‘(iii) GOOD CAUSE DEFINED.—For 

18 purposes of clause (i), the term ‘good 

19 cause’ means exigent humanitarian cir20 cumstances, such as medical emergencies 

21 or force majeure.’’. 

22 (b) ISSUANCE OF NONIMMIGRANT VISAS.—Section 

23 221(a) of the Immigration and Nationality Act (8 U.S.C. 

24 1201(a)) is amended by adding at the end the following: 


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1 ‘‘(3) The Secretary of State shall ensure that every 

2 application for a nonimmigrant visa includes an acknowl3 edgment, executed by the alien under penalty of perjury, 

4 confirming that the alien— 

5 ‘‘(A) has been notified of the terms and condi6 tions of the nonimmigrant visa, including the waiver 

7 of rights under subsection (j); and 

8 ‘‘(B) understands that he or she will be ineli9 gible for all immigration benefits and any form of 

10 relief or protection from removal, including relief 

11 under sections 240B, 245, 248, and 249, other than 

12 a request for asylum, relief as a victim of trafficking 

13 under section 101(a)(15)(T), relief as a victim of 

14 criminal activity under 101(A)(15)(U), relief as a 

15 VAWA self-petitioner, relief as a battered spouse or 

16 child under section 240A(b)(2), withholding of re17 moval under section 241(b)(3), or protection from 

18 removal based on a claim under the Convention 

19 Against Torture and Other Cruel, Inhuman or De20 grading Treatment or Punishment, done at New 

21 York, December 10, 1984, and from contesting re22 moval if the alien violates any term or condition of 

23 his or her nonimmigrant visa or fails to depart the 

24 United States at the end of the alien’s authorized 

25 period of stay.’’. 


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1 (c) BARS TO IMMIGRATION RELIEF.—Section 221 of 

2 the Immigration and Nationality Act, as amended by sub3 section (b), is further amended by adding at the end the 

4 following: 

5 ‘‘(j) WAIVER OF RIGHTS.—The Secretary of State 

6 may not issue a nonimmigrant visa under section 214 to 

7 an alien (other than an alien who qualifies for a visa under 

8 subparagraph (A) or (G) of section 101(a)(15), is a 

9 VAWA self-petitioner, or qualifies for a visa under the 

10 North Atlantic Treaty, signed at Washington April 4, 

11 1949) until the alien has waived any right to relief under 

12 sections 240B, 245, 248, and 249 (other than relief from 

13 removal under section 241(b)(3)), any form of relief estab14 lished after the date on which the nonimmigrant visa is 

15 issued, and from contesting removal if the alien— 

16 ‘‘(1) violates a term or condition of his or her 

17 nonimmigrant status; or 

18 ‘‘(2) fails to depart the United States at the 

19 end of the alien’s authorized period of stay.’’. 

20 (d) VISA WAIVER PROGRAM WAIVER OF RIGHTS.— 

21 Section 217(b) of the Immigration and Nationality Act (8 

22 U.S.C. 1187(b)) is amended to read as follows: 

23 ‘‘(b) WAIVER OF RIGHTS.—An alien may not be pro24 vided a waiver under the program unless the alien has— 


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1 ‘‘(1) signed, under penalty of perjury, an ac2 knowledgement confirming that the alien was noti3 fied and understands that he or she will be ineligible 

4 for any form of relief or immigration benefit under 

5 the Act or any other immigration laws, including 

6 sections 240B, 245, 248, and 249 (other than a re7 quest for asylum), relief as a victim of trafficking 

8 under section 101(a)(15)(T), relief as a victim of 

9 criminal activity under 101(A)(15)(U), relief as a 

10 VAWA self-petitioner, relief as a battered spouse or 

11 child under section 240A(b)(2), withholding of re12 moval under section 241(b)(3), or protection from 

13 removal based on a claim under the Convention 

14 Against Torture and Other Cruel, Inhuman or De15 grading Treatment or Punishment, done at New 

16 York, December 10, 1984, if the alien fails to depart 

17 from the United States at the end of the 90-day pe18 riod for admission; 

19 ‘‘(2) waived any right to review or appeal under 

20 this Act of an immigration officer’s determination as 

21 to the a admissibility of the alien at the port of 

22 entry into the United States; and 

23 ‘‘(3) waived any right to contest, other than on 

24 the basis of an application for asylum, any action for 

25 removal of the alien.’’. 


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1 (e) DETENTION AND REPATRIATION OF VISA WAIV2 ER VIOLATORS.—Section 217(c)(2)(E) of the Immigration 

3 and Nationality Act (8 U.S.C. 1187(c)(2)(E)) is amended 

4 by striking the section header and inserting the following: 

5 ‘‘(E) DETENTION AND REPATRIATION OF

6 ALIENS.—Any alien who fails to depart from 

7 the United States at the end of the 90-day pe8 riod for admission shall be detained pending re9 moval.’’. 

10 SEC. 1303. INCREASE IN IMMIGRATION DETENTION CAPAC11 ITY. 

12 Not later than September 30, 2018, and subject to 

13 the availability of appropriations, the Secretary of Home14 land Security shall increase the immigration detention ca15 pacity to a daily immigration detention capacity of not 

16 fewer than 48,879 detention beds. 

17 SEC. 1304. COLLECTION OF DNA FROM CRIMINAL AND DE18 TAINED ALIENS. 

19 Section 3 of the DNA Analysis Backlog Elimination 

20 Act of 2000 (42 U.S.C. 14135a) is amended— 

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

22 the following: 

23 ‘‘(C) The Secretary of Homeland Security shall 

24 collect DNA samples from any alien (as defined 


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1 under section 101(a)(3) of the Immigration and Na2 tionality Act (8 U.S.C. 1101(a)(3))) who— 

3 ‘‘(i) has been detained pursuant to section 

4 235(b)(1)(B)(iii)(IV), 236, 236A, or 238 of 

5 such Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV), 

6 1226, 1226a, and 1228); or 

7 ‘‘(ii) is the subject of a final order of re8 moval under section 240 of such Act (8 U.S.C. 

9 1229a) based on inadmissibility under section 

10 212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) or 

11 being subject to removal under section 

12 237(a)(2) of such Act (8 U.S.C. 1227(a)(2)).’’; 

13 and 

14 (2) in subsection (b), by striking ‘‘or the proba15 tion office responsible (as applicable)’’ and inserting 

16 ‘‘the probation office responsible, or the Secretary of 

17 Homeland Security’’. 

18 SEC. 1305. COLLECTION, USE, AND STORAGE OF BIOMETRIC 

19 DATA. 

20 (a) COLLECTION AND USE OF BIOMETRIC INFORMA21 TION FOR IMMIGRATION PURPOSES.— 

22 (1) COLLECTION.—The Secretary of Homeland 

23 Security may require any individual filing an appli24 cation, petition, or other request for an immigration 

25 benefit or immigration status with the Department 


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1 of Homeland Security or seeking an immigration 

2 benefit or other authorization, employment author3 ization, identity, or travel document, or requesting 

4 relief or protection under any provision of the immi5 gration laws to submit biometric information (in6 cluding fingerprints, photograph, signature, voice 

7 print, iris scan, or DNA) to the Secretary. 

8 (2) USE.—The Secretary may use any biomet9 ric information submitted under paragraph (1) to 

10 conduct background and security checks, verify an 

11 individual’s identity, adjudicate, revoke, or terminate 

12 an immigration benefit or immigration status, and 

13 perform other functions related to administering and 

14 enforcing the immigration laws. 

15 (b) BIOMETRIC AND BIOGRAPHIC INFORMATION

16 SHARING.— 

17 (1) SHARING WITH DEPARTMENT OF DEFENSE

18 AND FEDERAL BUREAU OF INVESTIGATION.—The 

19 Secretary of Homeland Security, the Secretary of 

20 Defense, and the Director of the Federal Bureau of 

21 Investigation— 

22 (A) shall exchange appropriate biometric 

23 and biographic information to determine or con24 firm the identity of an individual and to assess 


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1 whether the individual is a threat to national 

2 security or public safety; and 

3 (B) may use information exchanged pursu4 ant to subparagraph (A)— 

5 (i) to compare biometric and bio6 graphic information contained in applicable 

7 systems of the Department of Homeland 

8 Security, the Department of Defense, or 

9 the Federal Bureau of Investigation to de10 termine if there is a match between such 

11 information; and 

12 (ii) if there is a match between such 

13 information, to relay such information to 

14 the requesting agency. 

15 (2) USE OF BIOMETRIC DATA BY THE DEPART16 MENT OF STATE.—The Secretary of State shall use 

17 biometric information from applicable systems of the 

18 Department of Homeland Security, of the Depart19 ment of Defense, and of the Federal Bureau of In20 vestigation to track individuals who are— 

21 (A)(i) known or suspected terrorists; or 

22 (ii) identified as a potential threat to na23 tional security; and 

24 (B) using an alias while traveling. 


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1 (3) REPORT ON BIOMETRIC INFORMATION

2 SHARING WITH MEXICO AND OTHER COUNTRIES FOR

3 IDENTITY VERIFICATION.—Not later than 180 days 

4 after the date of the enactment of this Act, the Sec5 retary of Homeland Security and the Secretary of 

6 State shall submit a joint report on the status of ef7 forts to engage with the Government of Mexico and 

8 the governments of other appropriate foreign coun9 tries located in Central America or South America— 

10 (A) to discuss coordination on biometric 

11 information sharing between the United States 

12 and such countries; and 

13 (B) to enter into bilateral agreements that 

14 provide for the sharing of such biometric infor15 mation with the Department of State, the De16 partment of Defense, the Department of Jus17 tice, the Federal Bureau of Investigation, and 

18 the Department of Homeland Security to use 

19 in— 

20 (i) identifying individuals who are 

21 known or suspected terrorists or potential 

22 threats to national security; and 

23 (ii) verifying the entry and exit of in24 dividuals to and from the United States. 


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1 (4) RULE OF CONSTRUCTION.—The collection 

2 of biometric information under paragraph (1) shall 

3 not limit the authority of the Secretary of Homeland 

4 Security to collect biometric information from any 

5 individual arriving to or departing from the United 

6 States. 

7 SEC. 1306. PILOT PROGRAM FOR ELECTRONIC FIELD PROC8 ESSING. 

9 (a) IN GENERAL.—Not later than 6 months after the 

10 date of the enactment of this Act, he Secretary of Home11 land Security shall establish a pilot program in at least 

12 5 of the 10 U.S. Immigration and Customs Enforcement 

13 field offices or regions with the largest removal caseloads 

14 to allow U.S. Immigration and Customs Enforcement offi15 cers to use handheld or vehicle-mounted computers to elec16 tronically— 

17 (1) process and serve charging documents, in18 cluding notices to appear, while in the field; 

19 (2) process and place detainers while in the 

20 field; 

21 (3) collect biometric data for the purpose of 

22 identifying an alien and establishing both immigra23 tion status and criminal history while in the field; 


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1 (4) enter any required data, including personal 

2 information about the alien subject and the reason 

3 for issuing the document; 

4 (5) apply the electronic signature of the issuing 

5 U.S. Immigration and Customs Enforcement officer 

6 or agent; 

7 (6) apply or capture the electronic signature of 

8 the alien on any charging document or notice, in9 cluding any electronic signature captured to ac10 knowledge service of such documents or notices; 

11 (7) set the date on which the alien is required 

12 to appear before an immigration judge, in the case 

13 of notices to appear; 

14 (8) print any documents the alien subject may 

15 be required to sign, along with additional copies of 

16 documents to be served on the alien; and 

17 (9) interface with the ENFORCE database so 

18 that all data is collected, stored, and retrievable in 

19 real-time. 

20 (b) CONTRACT SUPPORT.—The Secretary may con21 tract with commercial vendors to test prototypes for elec22 tronic handheld or vehicle-mounted computers capable of 

23 meeting the requirements under subsection (a). 

24 (c) RULE OF CONSTRUCTION.—The pilot program 

25 described in subsection (a) shall be designed to replace, 


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1 to the extent possible, the current paperwork and data 

2 entry process used for issuing such charging documents 

3 and detainers. 

4 (d) REPORT.—Not later than 1 year months after the 

5 commencement of the pilot program described in sub6 section (a), the Comptroller General of the United States 

7 shall submit a report to the Committee on Homeland Se8 curity and Governmental Affairs of the Senate, the Com9 mittee on the Judiciary of the Senate, the Committee on 

10 Homeland Security of the House of Representatives, the 

11 Committee on the Judiciary of the House of Representa12 tives that includes— 

13 (1) the results of the pilot program; and 

14 (2) recommendations for using the technology 

15 described in subsection (a) on a nationwide basis. 

16 SEC. 1307. ENDING ABUSE OF PAROLE AUTHORITY. 

17 (a) IN GENERAL.—Section 212(d)(5) of the Immi18 gration and Nationality Act (8 U.S.C. 1182(d)(5)) is 

19 amended to read as follows: 

20 ‘‘(5) PAROLE AUTHORITY.— 

21 ‘‘(A) IN GENERAL.—Except as provided in sub22 paragraph (C) or section 214(f), the Secretary may 

23 temporarily parole into the United States any alien 

24 applying for admission to the United States, under 

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1 cluding requiring the posting of a bond, and only on 

2 a case-by-case basis for an urgent humanitarian rea3 son or a reason deemed strictly in the public inter4 est. 

5 ‘‘(B) PAROLE NOT AN ADMISSION.—In accord6 ance with section 101(a)(13)(B), parole of an alien 

7 under subparagraph (A) shall not be regarded as an 

8 admission of the alien to the United States. When 

9 the purposes of the parole of an alien have been 

10 served, as determined by the Secretary, the alien 

11 shall immediately return to his or her country of 

12 citizenship, nationality, or origin. If the alien was 

13 paroled from custody, the alien shall be returned to 

14 the custody from which the alien was paroled and 

15 the alien shall be considered for admission to the 

16 United States on the same basis as other similarly 

17 situated applicants for admission. 

18 ‘‘(C) PROHIBITED USES OF PAROLE AUTHOR19 ITY.— 

20 ‘‘(i) IN GENERAL.—The Secretary may not 

21 use the authority under subparagraph (A) to 

22 parole in generalized categories of aliens or 

23 classes of aliens based solely on nationality, 

24 presence, or residence in the United States, 

25 family relationships, or any other criteria that 


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1 would cover a broad group of foreign nationals 

2 either inside or outside of the United States. 

3 ‘‘(ii) ALIENS WHO ARE NATIONAL SECU4 RITY OR PUBLIC SAFETY THREATS.— 

5 ‘‘(I) PROHIBITION ON PAROLE.—The 

6 Secretary shall not parole in any alien who 

7 the Secretary, in the Secretary’s sole and 

8 unreviewable discretion, determines is a 

9 threat to national security or public safety, 

10 except in extreme exigent circumstances. 

11 ‘‘(II) EXTREME EXIGENT CIR12 CUMSTANCES DEFINED.—In subclause (I), 

13 the term ‘extreme exigent circumstances’ 

14 means circumstances under which— 

15 ‘‘(aa) the failure to parole the 

16 alien would result in the immediate 

17 significant risk of loss of life or bodily 

18 function due to a medical emergency; 

19 ‘‘(bb) the failure to parole the 

20 alien would conflict with medical ad21 vice as to the health or safety of the 

22 individual, detention facility staff, or 

23 other detainees; or 

24 ‘‘(cc) there is an urgent need for 

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1 ment purpose, including for a prosecu2 tion or securing the alien’s presence 

3 to appear as a material witness, or a 

4 national security purpose. 

5 ‘‘(D) URGENT HUMANITARIAN REASON DE6 FINED.—An urgent humanitarian reason referred to 

7 in subparagraph (A) means— 

8 ‘‘(i) the alien has a medical emergency and 

9 the alien cannot obtain necessary treatment in 

10 the foreign state in which the alien is residing 

11 or the medical emergency is life-threatening and 

12 there is insufficient time for the alien to be ad13 mitted through the normal visa process; 

14 ‘‘(ii) the alien is needed in the United 

15 States in order to donate an organ or other tis16 sue for transplant into a close family member; 

17 ‘‘(iii) the alien has a close family member 

18 in the United States whose death is imminent 

19 and the alien could not arrive in the United 

20 States in time to see such family member alive 

21 if the alien were to be admitted through the 

22 normal visa process; 

23 ‘‘(iv) the alien is a lawful applicant for ad24 justment of status under section 245; or 


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1 ‘‘(v) the alien was lawfully granted status 

2 under section 208 or lawfully admitted under 

3 section 207. 

4 ‘‘(E) PUBLIC INTEREST DEFINED.—A reason 

5 deemed strictly in the public interest occurs if the 

6 alien has assisted the United States Government in 

7 a matter, such as a criminal investigation, espio8 nage, or other similar law enforcement activity, and 

9 either the alien’s presence in the United States is re10 quired by the Government or the alien’s life would 

11 be threatened if the alien were not permitted to 

12 come to the United States. 

13 ‘‘(F) LIMITATION ON THE USE OF PAROLE AU14 THORITY.—The Secretary may not use the parole 

15 authority under this paragraph to permit to come to 

16 the United States aliens who have applied for and 

17 have been found to be ineligible for refugee status or 

18 any alien to whom the provisions of this paragraph 

19 do not apply. 

20 ‘‘(G) TERMINATION OF PAROLE.—The Sec21 retary shall determine when the purpose of parole of 

22 an alien has been served and, upon such determina23 tion— 

24 ‘‘(i) the alien’s case shall continue to be 

25 dealt with in the same manner as that of any 


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1 other applicant for admission to the United 

2 States; and 

3 ‘‘(ii) if the alien was previously detained, 

4 the alien shall be returned to the custody from 

5 which the alien was paroled. 

6 ‘‘(H) LIMITATIONS ON USE OF ADVANCE PA7 ROLE.— 

8 ‘‘(i) ADVANCE PAROLE DEFINED.—In this 

9 subparagraph, the term ‘advance parole’ means 

10 advance approval for an alien applying for ad11 mission to the United States to request at a 

12 port of entry in the United States, a pre-inspec13 tion station, or a designated field office of the 

14 Department of Homeland Security, to be pa15 roled into the United States under subpara16 graph (A). 

17 ‘‘(ii) APPROVAL OF ADVANCE PAROLE.— 

18 The Secretary may, in the Secretary’s discre19 tion, grant an application for advance parole. 

20 Approval of an application for advance parole 

21 shall not constitute a grant of parole under sub22 paragraph (A). A grant of parole into the 

23 United States based on an approved application 

24 for advance parole shall not be considered a pa25 role for purposes of qualifying for adjustment 


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1 of status to lawful permanent resident status in 

2 the United States under section 245 or 245A. 

3 ‘‘(iii) REVOCATION OF ADVANCE PA4 ROLE.—The Secretary may revoke a grant of 

5 advance parole to an alien at any time. Such 

6 revocation shall not be subject to administrative 

7 appeal or judicial review. 

8 ‘‘(iv) TEMPORARY DEPARTURE.—An alien 

9 who leaves the United States temporarily pur10 suant to a grant of advance parole makes a de11 parture from the United States pursuant to the 

12 immigration laws.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the first day of the first 

15 month beginning more than 60 days after the date of the 

16 enactment of this Act. 

17 SEC. 1308. REPORTS TO CONGRESS ON PAROLE. 

18 (a) REPORT ON NUMBER AND CATEGORY OF ALIENS

19 PAROLED INTO THE UNITED STATES.—Not later than 90 

20 days after the end of each fiscal year, the Secretary of 

21 Homeland Security shall submit a report to the Committee 

22 on the Judiciary of the Senate and the Committee on the 

23 Judiciary of the House of Representatives that, with re24 spect to the most recently completed fiscal year— 


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1 (1) describes the number and categories of 

2 aliens paroled into the United States under section 

3 212(d)(5) of the Immigration and Nationality Act, 

4 as amended by section 1307; and 

5 (2) contains information and data concerning— 

6 (A) the number and categories of aliens 

7 paroled; 

8 (B) the duration of parole granted to 

9 aliens referred to in subparagraph (A); and 

10 (C) the current immigration status of the 

11 aliens referred to in subparagraph (A). 

12 (b) REPORT ON PAROLE PROCEDURES.—Not later 

13 than 180 days after the date of the enactment of this Act, 

14 and annually thereafter, the Attorney General and the 

15 Secretary of Homeland Security shall jointly— 

16 (1) conduct a review regarding the effectiveness 

17 of parole and custody determination procedures ap18 plicable to aliens who have established a credible 

19 fear of persecution and are awaiting a final deter20 mination regarding their asylum claim by the immi21 gration courts; and 

22 (2) submit a report to the Committee on the 

23 Judiciary of the Senate and the Committee on the 

24 Judiciary of the House of Representatives based on 

25 the results of such review, that includes— 


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1 (A) an analysis of— 

2 (i) the rate at which release from de3 tention (including release on parole) is 

4 granted to aliens who have established a 

5 credible fear of persecution and are await6 ing a final determination regarding their 

7 asylum claim by the immigration courts 

8 throughout the United States; and 

9 (ii) any disparity that exists between 

10 locations or geographical areas, including 

11 an explanation of the reasons for this dis12 parity and what actions are being taken to 

13 have consistent and uniform application of 

14 the standards for granting parole; 

15 (B) an analysis of the effect of the proce16 dures and policies applied with respect to parole 

17 and custody determinations by the Attorney 

18 General and by the Secretary on the alien’s 

19 pursuit of their asylum claim before an immi20 gration court; 

21 (C) an analysis of the effectiveness of the 

22 procedures and policies applied with respect to 

23 parole and custody determinations by the Attor24 ney General and by the Secretary in securing 


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1 the alien’s presence at the immigration court 

2 proceedings; 

3 (D) recommendations with respect to 

4 whether the existing parole and custody deter5 mination procedures applicable to aliens who 

6 have established a credible fear of persecution 

7 and are awaiting a final determination regard8 ing their asylum claim by the immigration 

9 courts— 

10 (i) respect the interests of the aliens; 

11 and 

12 (ii) ensure the presence of the aliens 

13 at the immigration court proceedings; and 

14 (E) an assessment on corresponding failure 

15 to appear rates, in absentia orders, and ab16 sconders. 

17 SEC. 1309. STOP DANGEROUS SANCTUARY CITIES ACT. 

18 (a) SHORT TITLE.—This section may be cited as the 

19 ‘‘Stop Dangerous Sanctuary Cities Act’’. 

20 (b) ENSURING THAT LOCAL AND FEDERAL LAW EN21 FORCEMENT OFFICERS MAY COOPERATE TO SAFEGUARD

22 OUR COMMUNITIES.— 

23 (1) AUTHORITY TO COOPERATE WITH FEDERAL

24 OFFICIALS.—A State or a political subdivision of a 

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1 partment of Homeland Security under section 

2 287(g) of the Immigration and Nationality Act (8 

3 U.S.C. 1357(g)), or an officer, employee, or agent of 

4 such State or political subdivision that complies with 

5 a detainer issued by the Department under section 

6 236, 241, or 287 of the Immigration and Nationality 

7 Act (8 U.S.C. 1226, 1231, and 1357)— 

8 (A) shall be deemed to be acting as an 

9 agent of the Department; and 

10 (B) with regard to actions taken to comply 

11 with the detainer, shall have all authority avail12 able to officers and employees of the Depart13 ment. 

14 (2) LEGAL PROCEEDINGS.—In any legal pro15 ceeding brought against a State or a political sub16 division of State that has executed an agreement 

17 with the Department of Homeland Security under 

18 section 287(g) of the Immigration and Nationality 

19 Act (8 U.S.C. 1357(g)), or an officer, employee, or 

20 agent of such State or political subdivision acting 

21 pursuant to such agreement, which challenges the le22 gality of the seizure or detention of an individual 

23 pursuant to a detainer issued by the Department 

24 under section 236, 241, or 287 of the Immigration 


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1 and Nationality Act (8 U.S.C. 1226, 1231, and 

2 1357)— 

3 (A) no liability for false arrest or imprison4 ment shall lie against the State or political sub5 division of a State for actions taken in compli6 ance with the detainer, which includes main7 taining custody of the alien in accordance with 

8 the instructions on the detainer form and noti9 fying the Department prior to the alien’s re10 lease from custody; and 

11 (B) if the actions of the officer, employee, 

12 or agent of the State or political subdivision 

13 were taken in compliance with the detainer— 

14 (i) the officer, employee, or agent 

15 shall be deemed— 

16 (I) to be an employee of the Fed17 eral Government and an investigative 

18 or law enforcement officer; and 

19 (II) to have been acting within 

20 the scope of his or her employment 

21 under section 1346(b) and chapter 

22 171 of title 28, United States Code; 

23 (ii) section 1346(b) of title 28, United 

24 States Code, shall provide the exclusive 

25 remedy for the plaintiff; and 


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1 (iii) the United States shall be sub2 stituted as defendant in the proceeding. 

3 (c) SANCTUARY JURISDICTION DEFINED.— 

4 (1) IN GENERAL.—Except as provided under 

5 subsection (2), for purposes of this section, the term 

6 ‘‘sanctuary jurisdiction’’ means any State or political 

7 subdivision of a State that has executed an agree8 ment with the Department of Homeland Security 

9 under section 287(g) of the Immigration and Na10 tionality Act (8 U.S.C. 1357(g)) and has in effect a 

11 statute, ordinance, policy, or practice that prohibits 

12 or restricts any government entity or official from— 

13 (A) sending, receiving, maintaining, or ex14 changing with any Federal, State, or local gov15 ernment entity information regarding the citi16 zenship or immigration status (lawful or unlaw17 ful) of any individual; or 

18 (B) complying with a request lawfully 

19 made by the Department under section 236 or 

20 287 of the Immigration and Nationality Act (8 

21 U.S.C. 1226, 1357) to comply with a detainer 

22 for, or notify about the release of, an individual. 

23 (2) EXCEPTION.—A State or political subdivi24 sion of a State shall not be deemed a sanctuary ju25 risdiction based solely on its having a policy whereby 


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1 its officials will not share information regarding, or 

2 comply with a request made by the Department 

3 under section 236 or 287 of the Immigration and 

4 Nationality Act (8 U.S.C. 1226 and 1357) to comply 

5 with a detainer regarding, an individual who comes 

6 forward as a victim or a witness to a criminal of7 fense. 

8 (d) SANCTUARY JURISDICTIONS INELIGIBLE FOR

9 CERTAIN FEDERAL FUNDS.— 

10 (1) ECONOMIC DEVELOPMENT ADMINISTRATION

11 GRANTS.— 

12 (A) GRANTS FOR PUBLIC WORKS AND ECO13 NOMIC DEVELOPMENT.—Section 201(b) of the 

14 Public Works and Economic Development Act 

15 of 1965 (42 U.S.C. 3141(b)) is amended— 

16 (i) in paragraph (2), by striking 

17 ‘‘and’’ at the end; 

18 (ii) in paragraph (3), by striking the 

19 period at the end and inserting ‘‘; and’’; 

20 and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(4) the area in which the project is to be car24 ried out is not a sanctuary jurisdiction (as defined 


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1 in subsection (c) of the Stop Dangerous Sanctuary 

2 Cities Act).’’. 

3 (B) GRANTS FOR PLANNING AND ADMINIS4 TRATIVE EXPENSES.—Section 203(a) of the 

5 Public Works and Economic Development Act 

6 of 1965 (42 U.S.C. 3143(a)) is amended by 

7 adding at the end the following: ‘‘A sanctuary 

8 jurisdiction (as defined in subsection (c) of the 

9 Stop Dangerous Sanctuary Cities Act) may not 

10 be deemed an eligible recipient under this sub11 section.’’. 

12 (C) SUPPLEMENTARY GRANTS.—Section 

13 205(a) of the Public Works and Economic De14 velopment Act of 1965 (42 U.S.C. 3145(a)) is 

15 amended— 

16 (i) in paragraph (2), by striking 

17 ‘‘and’’ at the end; 

18 (ii) in paragraph (3)(B), by striking 

19 the period at the end and inserting ‘‘; 

20 and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(4) will be carried out in an area that does not 

24 contain a sanctuary jurisdiction (as defined in subVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 section (c) of the Stop Dangerous Sanctuary Cities 

2 Act).’’. 

3 (D) GRANTS FOR TRAINING, RESEARCH, 

4 AND TECHNICAL ASSISTANCE.—Section 207 of 

5 the Public Works and Economic Development 

6 Act of 1965 (42 U.S.C. 3147) is amended by 

7 adding at the end the following: 

8 ‘‘(c) INELIGIBILITY OF SANCTUARY JURISDIC9 TIONS.—Grant funds under this section may not be used 

10 to provide assistance to a sanctuary jurisdiction (as de11 fined in subsection (c) of the Stop Dangerous Sanctuary 

12 Cities Act).’’. 

13 (2) COMMUNITY DEVELOPMENT BLOCK

14 GRANTS.— 

15 (A) DEFINITIONS.—Section 102(a) of the 

16 Housing and Community Development Act of 

17 1974 (42 U.S.C. 5302(a)) is amended by add18 ing at the end the following: 

19 ‘‘(25) The term ‘sanctuary jurisdiction’ has the 

20 meaning given that term in subsection (c) of the 

21 Stop Dangerous Sanctuary Cities Act.’’. 

22 (B) ELIGIBLE GRANTEES.— 

23 (i) IN GENERAL.—Section 104(b) of 

24 the Housing and Community Development 


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1 Act of 1974 (42 U.S.C. 5304(b)) is 

2 amended— 

3 (I) in paragraph (5), by striking 

4 ‘‘and’’ at the end; 

5 (II) by redesignating paragraph 

6 (6) as paragraph (7); and 

7 (III) by inserting after paragraph 

8 (5) the following: 

9 ‘‘(6) the grantee is not a sanctuary jurisdiction 

10 and will not become a sanctuary jurisdiction during 

11 the period for which the grantee receives a grant 

12 under this title; and’’. 

13 (ii) PROTECTION OF INDIVIDUALS

14 AGAINST CRIME.—Section 104 of the 

15 Housing and Community Development Act 

16 of 1974 (42 U.S.C. 5304) is amended by 

17 adding at the end the following: 

18 ‘‘(n) PROTECTION OF INDIVIDUALS AGAINST

19 CRIME.— 

20 ‘‘(1) IN GENERAL.—No funds authorized to be 

21 appropriated to carry out this title may be obligated 

22 or expended for any State or unit of general local 

23 government that is a sanctuary jurisdiction. 

24 ‘‘(2) RETURNED AMOUNTS.— 


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1 ‘‘(A) STATE.—If a State is a sanctuary ju2 risdiction during the period for which it receives 

3 amounts under this title, the Secretary— 

4 ‘‘(i) shall direct the State to imme5 diately return to the Secretary any such 

6 amounts that the State received for that 

7 period; and 

8 ‘‘(ii) shall reallocate amounts returned 

9 under clause (i) for grants under this title 

10 to other States that are not sanctuary ju11 risdictions. 

12 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN13 MENT.—If a unit of general local government is 

14 a sanctuary jurisdiction during the period for 

15 which it receives amounts under this title, any 

16 such amounts that the unit of general local gov17 ernment received for that period— 

18 ‘‘(i) in the case of a unit of general 

19 local government that is not in a non20 entitlement area, shall be returned to the 

21 Secretary for grants under this title to 

22 States and other units of general local gov23 ernment that are not sanctuary jurisdic24 tions; and 


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1 ‘‘(ii) in the case of a unit of general 

2 local government that is in a nonentitle3 ment area, shall be returned to the Gov4 ernor of the State for grants under this 

5 title to other units of general local govern6 ment in the State that are not sanctuary 

7 jurisdictions. 

8 ‘‘(C) REALLOCATION RULES.—In reallo9 cating amounts under subparagraphs (A) and 

10 (B), the Secretary— 

11 ‘‘(i) shall apply the relevant allocation 

12 formula under subsection (b), with all 

13 sanctuary jurisdictions excluded; and 

14 ‘‘(ii) shall not be subject to the rules 

15 for reallocation under subsection (c).’’. 

16 SEC. 1310. REINSTATEMENT OF THE SECURE COMMUNITIES 

17 PROGRAM. 

18 (a) REINSTATEMENT.—The Secretary shall reinstate 

19 and operate the Secure Communities immigration enforce20 ment program administered by U.S. Immigration and 

21 Customs Enforcement between 2008 and 2014. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $150,000,000 to carry out 

24 this section. 


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1 CHAPTER 2—PROTECTION AND DUE 

2 PROCESS FOR UNACCOMPANIED 

3 ALIEN CHILDREN 

4 SEC. 1320. SHORT TITLE. 

5 This chapter may be cited as the ‘‘Protecting Chil6 dren and America’s Homeland Act of 2017’’. 

7 SEC. 1321. REPATRIATION OF UNACCOMPANIED ALIEN 

8 CHILDREN. 

9 Section 235(a) of the William Wilberforce Trafficking 

10 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

11 1232(a)) is amended— 

12 (1) in paragraph (2)— 

13 (A) by amending the paragraph heading to 

14 read as follows: ‘‘RULES FOR UNACCOMPANIED

15 ALIEN CHILDREN.—’’; 

16 (B) in subparagraph (A), in the matter 

17 preceding clause (i), by striking ‘‘who is a na18 tional or habitual resident of a country that is 

19 contiguous with the United States shall be 

20 treated in accordance with subparagraph (B)’’ 

21 and inserting ‘‘shall be treated in accordance 

22 with subparagraph (B) or subsection (b), as ap23 propriate’’; and 

24 (C) in subparagraph (C)— 


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1 (i) by amending the subparagraph 

2 heading to read as follows: ‘‘AGREEMENTS

3 WITH FOREIGN COUNTRIES.—’’; and 

4 (ii) in the matter preceding clause (i), 

5 by striking ‘‘countries contiguous to the 

6 United States’’ and inserting ‘‘Canada, El 

7 Salvador, Guatemala, Honduras, Mexico, 

8 and any other foreign country that the 

9 Secretary determines appropriate’’; 

10 (2) by redesignating paragraphs (3), (4), and 

11 (5) as paragraphs (4), (5), and (6), respectively; 

12 (3) inserting after paragraph (2) the following: 

13 ‘‘(3) MANDATORY EXPEDITED REMOVAL OF

14 CRIMINALS AND GANG MEMBERS.—Notwithstanding 

15 any other provision of law, the Secretary of Home16 land Security shall place an unaccompanied alien 

17 child in a proceeding in accordance with section 235 

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

19 1225a) if, the Secretary determines or has reason to 

20 believe the alien— 

21 ‘‘(A) has been convicted of any offense car22 rying a maximum term of imprisonment of 

23 more than 180 days; 


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1 ‘‘(B) has been convicted of, or found to be 

2 a juvenile offender based on, an offense which 

3 involved— 

4 ‘‘(i) the use or attempted use of phys5 ical force, or threatened use of a deadly 

6 weapon; 

7 ‘‘(ii) the purchase, sale, offering for 

8 sale, exchange, use, ownership, possession, 

9 or carrying, or of attempting or conspiring 

10 to purchase, sell, offer for sale, exchange, 

11 use, own, possess, or carry, any weapon, 

12 part, or accessory which is a firearm or de13 structive device (as defined in section 

14 921(a) of title 18, United States Code) in 

15 violation of any law; 

16 ‘‘(iii) child abuse and neglect (as de17 fined in section 40002(a)(3) of the Vio18 lence Against Women Act of 1994 (42 

19 U.S.C. 13925(a)(3))); 

20 ‘‘(iv) assault resulting in bodily injury 

21 (as defined in section 2266 of title 18, 

22 United States Code); 

23 ‘‘(v) the violation of a protection order 

24 (as defined in section 2266 of title 18, 

25 United States Code); 


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1 ‘‘(vi) driving while intoxicated or driv2 ing under the influence (as such terms are 

3 defined in section 164 of title 23, United 

4 States Code); or 

5 ‘‘(vii) any offense under foreign law, 

6 except for a purely political offense, which, 

7 if the offense had been committed in the 

8 United States, would render the alien inad9 missible under section 212(a) of the Immi10 gration and Nationality Act (8 U.S.C. 

11 1182(a)); 

12 ‘‘(C) has been convicted of, or found to be 

13 a juvenile offender based on, more than 1 crimi14 nal offense (other than minor traffic offenses); 

15 ‘‘(D) has been convicted of, or found to be 

16 a juvenile offender based on a crime of violence 

17 or an offense under Federal, State, or Tribal 

18 law, that has, as an element, the use or at19 tempted use of physical force or the threatened 

20 use of physical force or a deadly weapon; 

21 ‘‘(E) has engaged in, is engaged in, or is 

22 likely to engage after entry in any terrorist ac23 tivity (as defined in section 212(a)(3)(B)(iii) of 

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

25 1182(a)(3)(B)(iii))), or intends to participate or 


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1 has participated in the activities of a foreign 

2 terrorist organization (as designated under sec3 tion 219 of the Immigration and Nationality 

4 Act (8 U.S.C. 1189)); 

5 ‘‘(F) has engaged in, is engaged in, or any 

6 time after a prior admission engages in activity 

7 described in section 237(a)(4) of the Immigra8 tion and Nationality Act (8 U.S.C. 1227(a)(4)); 

9 ‘‘(G) is or was a member of a criminal 

10 gang (as defined in section 101(a)(53) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1101(a)(53))); 

13 ‘‘(H) provided materially false, fictitious, 

14 or fraudulent information regarding age or 

15 identity to the United States Government with 

16 the intent to inaccurately classified as an unac17 companied alien child; or 

18 ‘‘(I) has entered the United States more 

19 than once in violation of section 275(a) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1325(a)), knowing that the entry was unlaw22 ful.’’; and 

23 (4) in paragraph (4), as redesignated by para24 graph (2) of this subsection— 


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1 (A) by striking ‘‘not described in para2 graph (2)(A)’’; and 

3 (B) by inserting ‘‘who choose not to with4 draw their application for admission and return 

5 to their country of nationality or country of last 

6 habitual residence’’ after ‘‘port of entry’’; and 

7 (5) in paragraph (6)(D), as redesignated by 

8 paragraph (2)— 

9 (A) by amending the subparagraph head10 ing to read as follows: ‘‘EXPEDITED DUE PROC11 ESS AND SCREENING FOR UNACCOMPANIED

12 ALIEN CHILDREN.—’’; 

13 (B) in the matter preceding clause (i), by 

14 striking ‘‘, except for an unaccompanied alien 

15 child from a contiguous country subject to the 

16 exceptions under subsection (a)(2), shall be—’’ 

17 and inserting ‘‘who meets the criteria under 

18 paragraph (2)(A) and chooses not to withdraw 

19 his or her application for admission and return 

20 to the unaccompanied alien child’s country of 

21 nationality or country of last habitual residence, 

22 as permitted under section 235B(c)(5) of the 

23 Immigration and Nationality Act (8 U.S.C. 

24 1225b(c)(5))—’’; 


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1 (C) by amending clause (i) to read as fol2 lows: 

3 ‘‘(i) shall be placed in a proceeding in 

4 accordance with section 235B of the Immi5 gration and Nationality Act (8 U.S.C. 

6 1225b), which shall commence not later 

7 than 7 days after the screening of an unac8 companied alien child described in para9 graph (5);’’; 

10 (D) by redesignating clauses (ii) and (iii) 

11 as clauses (iii) and (iv), respectively; 

12 (E) by inserting after clause (i) the fol13 lowing: 

14 ‘‘(ii) may not be placed in the custody 

15 of a nongovernmental sponsor or otherwise 

16 released from the immediate custody of the 

17 United States Government until the child 

18 is repatriated unless the child— 

19 ‘‘(I) is the subject of an order 

20 under section 235B(e)(1) of the Im21 migration and Nationality Act (8 

22 U.S.C. 1225b(e)(1)); and 

23 ‘‘(II) is placed or released in ac24 cordance with subsection (c)(2)(C).’’; 


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1 (F) in clause (iii), as redesignated, by in2 serting ‘‘is’’ before ‘‘eligible’’; and 

3 (G) in clause (iv), as redesignated, by in4 serting ‘‘shall be’’ before ‘‘provided’’. 

5 SEC. 1322. EXPEDITED DUE PROCESS AND SCREENING FOR 

6 UNACCOMPANIED ALIEN CHILDREN. 

7 (a) HUMANE AND EXPEDITED INSPECTION AND

8 SCREENING FOR UNACCOMPANIED ALIEN CHILDREN.— 

9 (1) IN GENERAL.—Chapter 4 of title II of the 

10 Immigration and Nationality Act (8 U.S.C. 1221 et 

11 seq.) is amended by inserting after section 235A the 

12 following: 

13 ‘‘SEC. 235B. HUMANE AND EXPEDITED INSPECTION AND 

14 SCREENING FOR UNACCOMPANIED ALIEN 

15 CHILDREN. 

16 ‘‘(a) ASYLUM OFFICER DEFINED.—In this section, 

17 the term ‘asylum officer’ means an immigration officer 

18 who— 

19 ‘‘(1) has had professional training in country 

20 conditions, asylum law, and interview techniques 

21 comparable to that provided to full-time adjudicators 

22 of applications under section 208; and 

23 ‘‘(2) is supervised by an officer who— 

24 ‘‘(A) meets the condition described in 

25 paragraph (1); and 


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1 ‘‘(B) has had substantial experience adju2 dicating asylum applications under section 208. 

3 ‘‘(b) PROCEEDING.— 

4 ‘‘(1) IN GENERAL.—Not later than 7 days after 

5 the screening of an unaccompanied alien child under 

6 section 235(a)(5) of the William Wilberforce Traf7 ficking Victims Protection Reauthorization Act of 

8 2008 (8 U.S.C. 1232(a)(5)), an immigration judge 

9 shall— 

10 ‘‘(A) conduct and conclude a proceeding to 

11 inspect, screen, and determine the status of the 

12 unaccompanied alien child who is an applicant 

13 for admission to the United States; and 

14 ‘‘(B) in the case of an unaccompanied 

15 alien child seeking asylum, conduct fact finding 

16 to determine whether the unaccompanied alien 

17 child meets the definition of unaccompanied 

18 alien child under section 235(g) of the William 

19 Wilberforce Trafficking Victims Protection Re20 authorization Act of 2008 (8 U.S.C. 1232(g)). 

21 ‘‘(2) TIME LIMIT.—Not later than 72 hours 

22 after the conclusion of a proceeding with respect to 

23 an unaccompanied alien child under this section, the 

24 immigration judge who conducted such proceeding 

25 shall issue an order pursuant to subsection (e). 


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1 ‘‘(c) CONDUCT OF PROCEEDING.— 

2 ‘‘(1) AUTHORITY OF IMMIGRATION JUDGE.— 

3 The immigration judge conducting a proceeding 

4 under this section— 

5 ‘‘(A) shall administer oaths, receive evi6 dence, and interrogate, examine, and cross-ex7 amine the unaccompanied alien child and any 

8 witnesses; 

9 ‘‘(B) is authorized to sanction by civil 

10 money penalty any action (or inaction) in con11 tempt of the judge’s proper exercise of author12 ity under this Act; and 

13 ‘‘(C) shall determine whether the unaccom14 panied alien child meets any of the criteria set 

15 out in subparagraphs (A) through (I) of section 

16 235(a)(3) of the William Wilberforce Traf17 ficking Victims Protection Reauthorization Act 

18 of 2008 (8 U.S.C. 1232(a)(3)), and if so, order 

19 the alien removed under subsection (e)(2). 

20 ‘‘(2) FORM OF PROCEEDING.—A proceeding 

21 under this section may take place— 

22 ‘‘(A) in person; 

23 ‘‘(B) at a location agreed to by the parties, 

24 in the absence of the unaccompanied alien child; 

25 ‘‘(C) by video conference; or 


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1 ‘‘(D) by telephone conference. 

2 ‘‘(3) PRESENCE OF ALIEN.—If it is impracti3 cable by reason of the mental incompetency of the 

4 unaccompanied alien child for the alien to be present 

5 at the proceeding, the Attorney General shall pre6 scribe safeguards to protect the rights and privileges 

7 of the alien. 

8 ‘‘(4) RIGHTS OF THE ALIEN.—In a proceeding 

9 under this section— 

10 ‘‘(A) the unaccompanied alien child shall 

11 be provided access to counsel in accordance 

12 with section 235(c)(5) of the William Wilber13 force Trafficking Victims Protection Reauthor14 ization Act of 2008 (8 U.S.C. 1232(c)(5)); 

15 ‘‘(B) the alien shall be given a reasonable 

16 opportunity— 

17 ‘‘(i) to examine the evidence against 

18 the alien; 

19 ‘‘(ii) to present evidence on the alien’s 

20 own behalf; and 

21 ‘‘(iii) to cross-examine witnesses pre22 sented by the Government; 

23 ‘‘(C) the rights set forth in subparagraph 

24 (B) shall not entitle the alien— 


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1 ‘‘(i) to examine such national security 

2 information as the Government may prof3 fer in opposition to the alien’s admission to 

4 the United States; or 

5 ‘‘(ii) to an application by the alien for 

6 discretionary relief under this Act; and 

7 ‘‘(D) a complete record shall be kept of all 

8 testimony and evidence produced at the pro9 ceeding. 

10 ‘‘(5) WITHDRAWAL OF APPLICATION FOR AD11 MISSION.—An unaccompanied alien child applying 

12 for admission to the United States may, and at any 

13 time before the issuance of a final order of removal, 

14 be permitted to withdraw the application and imme15 diately be returned to the alien’s country of nation16 ality or country of last habitual residence. 

17 ‘‘(6) CONSEQUENCES OF FAILURE TO AP18 PEAR.—An unaccompanied alien child who does not 

19 attend a proceeding under this section, shall be or20 dered removed, except under exceptional cir21 cumstances where the alien’s absence is the fault of 

22 the Government, a medical emergency, or an act of 

23 nature. 

24 ‘‘(d) DECISION AND BURDEN OF PROOF.— 

25 ‘‘(1) DECISION.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tion 235(b), at the conclusion of a proceeding 

3 under this section, the immigration judge shall 

4 determine whether an unaccompanied alien 

5 child is likely— 

6 ‘‘(i) to be admissible to the United 

7 States; or 

8 ‘‘(ii) to be eligible for any form of re9 lief from removal under this Act. 

10 ‘‘(B) EVIDENCE.—The determination of 

11 the immigration judge under subparagraph (A) 

12 shall be based only on the evidence produced at 

13 the hearing. 

14 ‘‘(2) BURDEN OF PROOF.— 

15 ‘‘(A) IN GENERAL.—In a proceeding under 

16 this section, an unaccompanied alien child who 

17 is an applicant for admission has the burden of 

18 establishing, by clear and convincing evidence, 

19 that the alien— 

20 ‘‘(i) is likely to be entitled to be law21 fully admitted to the United States or eli22 gible for any form of relief from removal 

23 under this Act; or 

24 ‘‘(ii) is lawfully present in the United 

25 States pursuant to a prior admission. 


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1 ‘‘(B) ACCESS TO DOCUMENTS.—In meeting 

2 the burden of proof under subparagraph (A)(ii), 

3 the alien shall be given access to— 

4 ‘‘(i) the alien’s visa or other entry 

5 document, if any; and 

6 ‘‘(ii) any other records and docu7 ments, not considered by the Attorney 

8 General to be confidential, pertaining to 

9 the alien’s admission or presence in the 

10 United States. 

11 ‘‘(e) ORDERS.— 

12 ‘‘(1) PLACEMENT IN FURTHER PRO13 CEEDINGS.—If an immigration judge determines 

14 that the unaccompanied alien child has met the bur15 den of proof under subsection (d)(2), the immigra16 tion judge shall order the alien to be placed in fur17 ther proceedings in accordance with section 240. 

18 ‘‘(2) ORDERS OF REMOVAL.—If an immigration 

19 judge determines that the unaccompanied alien child 

20 has not met the burden of proof required under sub21 section (d)(2), the judge shall order the alien re22 moved from the United States without further hear23 ing or review unless the alien claims— 

24 ‘‘(A) an intention to apply for asylum 

25 under section 208; 


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1 ‘‘(B) a fear of persecution; or 

2 ‘‘(C) a fear of torture. 

3 ‘‘(3) CLAIMS FOR ASYLUM.—If an unaccom4 panied alien child described in paragraph (2) claims 

5 an intention to apply for asylum under section 208, 

6 a fear of persecution, or a fear of torture, the immi7 gration judge shall order the alien referred for an 

8 interview by an asylum officer under subsection (f). 

9 ‘‘(f) ASYLUM INTERVIEWS.— 

10 ‘‘(1) CREDIBLE FEAR OF PERSECUTION OR

11 TORTURE DEFINED.—In this subsection, the term 

12 ‘credible fear of persecution or torture’ means, after 

13 taking into account the credibility of the statements 

14 made by an unaccompanied alien child in support of 

15 the alien’s claim and such other facts as are known 

16 to the asylum officer, there is a significant possi17 bility that the alien could establish eligibility for— 

18 ‘‘(A) asylum under section 208; or 

19 ‘‘(B) protection from removal based on Ar20 ticle 3 of the Convention Against Torture and 

21 Other Cruel, Inhuman, or Degrading Treatment 

22 or Punishment, done at New York, December 

23 10, 1984. 

24 ‘‘(2) CONDUCT BY ASYLUM OFFICER.—An asy25 lum officer shall conduct the interviews of an unacVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 companied alien child referred under subsection 

2 (e)(3). 

3 ‘‘(3) REFERRAL OF CERTAIN ALIENS.—If the 

4 asylum officer determines at the time of the inter5 view that an unaccompanied alien child has a cred6 ible fear of persecution or torture, the alien shall be 

7 held in the custody of the Secretary of Health and 

8 Human Services pursuant to section 235(b) of the 

9 William Wilberforce Trafficking Victims Protection 

10 Reauthorization Act of 2008 (8 U.S.C. 1232(b)) 

11 during further consideration of the application for 

12 asylum. 

13 ‘‘(4) REMOVAL WITHOUT FURTHER REVIEW IF

14 NO CREDIBLE FEAR OF PERSECUTION.— 

15 ‘‘(A) IN GENERAL.—Subject to subpara16 graph (C), if the asylum officer determines that 

17 an unaccompanied alien child does not have a 

18 credible fear of persecution, the asylum officer 

19 shall order the alien removed from the United 

20 States without further hearing or review. 

21 ‘‘(B) RECORD OF DETERMINATION.—The 

22 asylum officer shall prepare a written record of 

23 a determination under subparagraph (A), which 

24 shall include— 


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1 ‘‘(i) a summary of the material facts 

2 as stated by the alien; 

3 ‘‘(ii) such additional facts (if any) re4 lied upon by the asylum officer; 

5 ‘‘(iii) the asylum officer’s analysis of 

6 why, in light of such facts, the alien has 

7 not established a credible fear of persecu8 tion; and 

9 ‘‘(iv) a copy of the asylum officer’s 

10 interview notes. 

11 ‘‘(C) REVIEW OF DETERMINATION.— 

12 ‘‘(i) RULEMAKING.—The Attorney 

13 General shall establish, by regulation, a 

14 process by which an immigration judge 

15 shall conduct a prompt review, upon the 

16 alien’s request, of a determination under 

17 subparagraph (A) that the alien does not 

18 have a credible fear of persecution or tor19 ture. 

20 ‘‘(ii) MANDATORY COMPONENTS.— 

21 The review described in clause (i)— 

22 ‘‘(I) shall include an opportunity 

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1 ther in person or by telephonic or 

2 video connection; and 

3 ‘‘(II) shall be concluded as expe4 ditiously as possible, to the maximum 

5 extent practicable within 24 hours, 

6 but in no case later than 7 days after 

7 the date of the determination under 

8 subparagraph (A). 

9 ‘‘(D) MANDATORY PROTECTIVE CUS10 TODY.—Any alien subject to the procedures 

11 under this paragraph shall be held in the cus12 tody of the Secretary of Health and Human 

13 Services pursuant to section 235(b) of the Wil14 liam Wilberforce Trafficking Victims Protection 

15 Reauthorization Act of 2008 (8 U.S.C. 

16 1232(b))— 

17 ‘‘(i) pending a final determination of 

18 an application for asylum under this sub19 section; and 

20 ‘‘(ii) after a determination under this 

21 subsection that the alien does not have a 

22 credible fear of persecution, until the alien 

23 is removed. 

24 ‘‘(g) LIMITATION ON ADMINISTRATIVE REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (f)(4)(C) and paragraph (2), a removal order 

3 entered in accordance with subsection (e)(2) or 

4 (f)(4)(A) is not subject to administrative appeal. 

5 ‘‘(2) RULEMAKING.—The Attorney General 

6 shall establish, by regulation, a process for the 

7 prompt review of an order under subsection (e)(2) 

8 against an alien who claims under oath, or as per9 mitted under penalty of perjury under section 1746 

10 of title 28, United States Code, after having been 

11 warned of the penal ties for falsely making such 

12 claim under such conditions to have been— 

13 ‘‘(A) lawfully admitted for permanent resi14 dence; 

15 ‘‘(B) admitted as a refugee under section 

16 207; or 

17 ‘‘(C) granted asylum under section 208.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents in the first section of the Immigration and Na20 tionality Act is amended by inserting after the item 

21 relating to section 235A the following: 

‘‘Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children.’’. 

22 (b) JUDICIAL REVIEW OF ORDERS OF REMOVAL.— 

23 Section 242 of the Immigration and Nationality Act (8 

24 U.S.C. 1252) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘section 

3 235(b)(1))’’ and inserting ‘‘section 235(b)(1) or 

4 an order of removal issued to an unaccom5 panied alien child after proceedings under sec6 tion 235B’’; and 

7 (B) in paragraph (2)— 

8 (i) by inserting ‘‘or section 235B’’ 

9 after ‘‘section 235(b)(1)’’ each place such 

10 term appears; and 

11 (ii) in subparagraph (A)— 

12 (I) in the subparagraph heading, 

13 by inserting ‘‘OR 235B’’ after ‘‘SEC14 TION 235(b)(1)’’; and 

15 (II) in clause (iii), by striking 

16 ‘‘section 235(b)(1)(B),’’ and inserting 

17 ‘‘section 235(b)(1)(B) or 235B(f);’’; 

18 and 

19 (2) in subsection (e)— 

20 (A) in the subsection heading, by inserting 

21 ‘‘OR 235B’’ after ‘‘SECTION 235(b)(1)’’; 

22 (B) by inserting ‘‘or section 235B’’ after 

23 ‘‘section 235(b)(1)’’ each place such term ap24 pears; 


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1 (C) in subparagraph (2)(C), by inserting 

2 ‘‘or section 235B(g)’’ after ‘‘section 

3 235(b)(1)(C)’’; and 

4 (D) in subparagraph (3)(A), by inserting 

5 ‘‘or section 235B’’ after ‘‘section 235(b)’’. 

6 SEC. 1323. CHILD WELFARE AND LAW ENFORCEMENT IN7 FORMATION SHARING. 

8 Section 235(b) of the William Wilberforce Trafficking 

9 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

10 1232(b)) is amended by adding at the end the following: 

11 ‘‘(5) INFORMATION SHARING.— 

12 ‘‘(A) IMMIGRATION STATUS.—If the Sec13 retary of Health and Human Services considers 

14 placement of an unaccompanied alien child with 

15 a potential sponsor, the Secretary of Homeland 

16 Security shall provide to the Secretary of 

17 Health and Human Services the immigration 

18 status of such potential sponsor before the 

19 placement of the unaccompanied alien child. 

20 ‘‘(B) OTHER INFORMATION.—The Sec21 retary of Health and Human Services shall pro22 vide to the Secretary of Homeland Security and 

23 the Attorney General, upon request, any rel24 evant information related to an unaccompanied 

25 alien child who is or has been in the custody of 


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1 the Secretary of Health and Human Services, 

2 including the location of the child and any per3 son to whom custody of the child has been 

4 transferred, for any legitimate law enforcement 

5 objective, including the enforcement of the im6 migration laws.’’. 

7 SEC. 1324. ACCOUNTABILITY FOR CHILDREN AND TAX8 PAYERS. 

9 Section 235(b) of the William Wilberforce Trafficking 

10 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

11 1232(b)), as amended by section 1323, is further amended 

12 by adding at the end the following: 

13 ‘‘(6) INSPECTION OF FACILITIES.—The Inspec14 tor General of the Department of Health and 

15 Human Services shall conduct regular inspections of 

16 facilities utilized by the Secretary of Health and 

17 Human Services to provide care and custody of an 

18 unaccompanied alien children who are in the imme19 diate custody of the Secretary to ensure that such 

20 facilities are operated in the most efficient manner 

21 practicable. 

22 ‘‘(7) FACILITY OPERATIONS COSTS.—The Sec23 retary of Health and Human Services shall ensure 

24 that facilities utilized to provide care and custody of 

25 unaccompanied alien children are operated efficiently 


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1 and at a rate of cost that is not greater than $500 

2 per day for each child housed or detained at such fa3 cility, unless the Secretary certifies that compliance 

4 with this requirement is temporarily impossible due 

5 to emergency circumstances.’’. 

6 SEC. 1325. CUSTODY OF UNACCOMPANIED ALIEN CHIL7 DREN IN FORMAL REMOVAL PROCEEDING. 

8 (a) IN GENERAL.—Section 235(c) of the William Wil9 berforce Trafficking Victims Protection Reauthorization 

10 Act of 2008 (8 U.S.C. 1232(c)) is amended— 

11 (1) in paragraph (2) by adding at the end the 

12 following: 

13 ‘‘(C) CHILDREN IN FORMAL REMOVAL

14 PROCEEDINGS.— 

15 ‘‘(i) LIMITATION ON PLACEMENT.— 

16 Notwithstanding any settlement or consent 

17 decree previously issued before the date of 

18 the enactment of the Protecting Children 

19 and America’s Homeland Act of 2017 and 

20 section 236.3 of title 8, Code of Federal 

21 Regulations, or a similar successor regula22 tion, an unaccompanied alien child who has 

23 been placed in a proceeding under section 

24 240 of the Immigration and Nationality 

25 Act (8 U.S.C. 1229a) may not be placed in 


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1 the custody of a nongovernmental sponsor 

2 or otherwise released from the immediate 

3 custody of the United States Government 

4 unless— 

5 ‘‘(I) the nongovernmental spon6 sor is a biological or adoptive parent 

7 or legal guardian of the unaccom8 panied alien child; 

9 ‘‘(II) the parent or legal guardian 

10 is legally present in the United States 

11 at the time of the placement; 

12 ‘‘(III) the parent or legal guard13 ian has undergone a mandatory bio14 metric criminal history check; 

15 ‘‘(IV) if the nongovernmental 

16 sponsor is the biological parent, the 

17 parent’s relationship to the alien child 

18 has been verified through DNA test19 ing conducted by the Secretary of 

20 Health and Human Services; 

21 ‘‘(V) if the nongovernmental 

22 sponsor is the adoptive parent, the 

23 parent’s relationship to the alien child 

24 has been verified with the judicial 

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1 tion decree by the Secretary of Health 

2 and Human Services; and 

3 ‘‘(VI) the Secretary of Health 

4 and Human Services has determined 

5 that the alien child is not a danger to 

6 self, a danger to the community, or at 

7 risk of flight. 

8 ‘‘(ii) EXCEPTIONS.—If the Secretary 

9 of Health and Human Services determines 

10 that an unaccompanied alien child is a vic11 tim of severe forms of trafficking in per12 sons (as defined in section 103 of the 

13 Trafficking Victims Protection Act of 2000 

14 (22 U.S.C. 7102)), a special needs child 

15 with a disability (as defined in section 3 of 

16 the Americans with Disabilities Act of 

17 1990 (42 U.S.C. 12102)), a child who has 

18 been a victim of physical or sexual abuse 

19 under circumstances that indicate that the 

20 child’s health or welfare has been signifi21 cantly harmed or threatened, or a child 

22 with mental health needs that require on23 going assistance from a social welfare 

24 agency, the alien child may be placed with 

25 a grandparent or adult sibling if the 


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1 grandparent or adult sibling meets the re2 quirements under subclauses (II), (III), 

3 and (IV) of clause (i). 

4 ‘‘(iii) MONITORING.— 

5 ‘‘(I) IN GENERAL.—If an unac6 companied alien child who is 15, 16, 

7 or 17 years of age is placed with a 

8 nongovernmental sponsor or, if an un9 accompanied alien child who is young10 er than 15 years of age is placed with 

11 a nongovernmental sponsor, such non12 governmental sponsor shall— 

13 ‘‘(aa) enroll in the alter14 native to detention program of 

15 U.S. Immigration and Customs 

16 Enforcement; and 

17 ‘‘(bb) continuously wear an 

18 electronic ankle monitor while the 

19 unaccompanied alien child is in 

20 removal proceedings. 

21 ‘‘(II) PENALTY FOR MONITOR

22 TAMPERING.—If an electronic ankle 

23 monitor required by subclause (I) is 

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1 ject to a civil penalty of $150 for each 

2 day the monitor is not functioning due 

3 to the tampering, up to a maximum of 

4 $3,000. 

5 ‘‘(iv) EFFECT OF VIOLATION OF CON6 DITIONS.—The Secretary of Health and 

7 Human Services shall remove an unaccom8 panied alien child from a sponsor if the 

9 sponsor violates the terms of the agree10 ment specifying the conditions under which 

11 the alien was placed with the sponsor. 

12 ‘‘(v) FAILURE TO APPEAR.— 

13 ‘‘(I) CIVIL PENALTY.—If an un14 accompanied alien child is placed with 

15 a sponsor and fails to appear in a 

16 mandatory court appearance, the 

17 sponsor shall be subject to a civil pen18 alty of $250 for each day until the 

19 alien appears in court, up to a max20 imum of $5,000. 

21 ‘‘(II) BURDEN OF PROOF.—The 

22 sponsor is not subject to the penalty 

23 imposed under subclause (I) if the 

24 sponsor— 


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1 ‘‘(aa) appears in person and 

2 proves to the immigration court 

3 that the failure to appear by the 

4 unaccompanied alien child was 

5 not the fault of the sponsor; and 

6 ‘‘(bb) supplies the immigra7 tion court with documentary evi8 dence that supports the assertion 

9 described in item (aa). 

10 ‘‘(vi) PROHIBITION ON PLACEMENT

11 WITH SEX OFFENDERS AND HUMAN TRAF12 FICKERS.—The Secretary of Health and 

13 Human Services may not place an unac14 companied alien child under this subpara15 graph in the custody of an individual who 

16 has been convicted of, or the Secretary has 

17 reason to believe was otherwise involved in 

18 the commission of— 

19 ‘‘(I) a sex offense (as defined in 

20 section 111 of the Sex Offender Reg21 istration and Notification Act (42 

22 U.S.C. 16911)); 

23 ‘‘(II) a crime involving severe 

24 forms of trafficking in persons (as de25 fined in section 103 of the Trafficking 


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1 Victims Protection Act of 2000 (22 

2 U.S.C. 7102)); or 

3 ‘‘(III) an offense under Federal, 

4 State, or Tribal law that has, as an 

5 element of the offense, the use or at6 tempted use of physical force or the 

7 threatened use of physical force or a 

8 deadly weapon. 

9 ‘‘(vii) REQUIREMENTS OF CRIMINAL

10 BACKGROUND CHECK.—A biometric crimi11 nal history check required under clause 

12 (i)(III) shall be conducted using a set of 

13 fingerprints or other biometric identifier 

14 through— 

15 ‘‘(I) the Federal Bureau of Inves16 tigation; 

17 ‘‘(II) criminal history repositories 

18 of all States that the individual lists 

19 as current or former residences; and 

20 ‘‘(III) any other State or Federal 

21 database or repository that the Sec22 retary of Health and Human Services 

23 determines is appropriate.’’. 

24 (b) HOME STUDIES AND FOLLOW-UP SERVICES FOR

25 UNACCOMPANIED ALIEN CHILDREN.—Section 235(c)(3) 


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1 of the William Wilberforce Trafficking Victims Protection 

2 Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amend3 ed— 

4 (1) by redesignating subparagraph (C) as (D); 

5 and 

6 (2) by amending subparagraph (B) to read as 

7 follows: 

8 ‘‘(B) HOME STUDIES.— 

9 ‘‘(i) IN GENERAL.—Before placing the 

10 child with an individual, the Secretary of 

11 Health and Human Services shall deter12 mine whether a home study is necessary. 

13 ‘‘(ii) REQUIRED HOME STUDIES.—A 

14 home study shall be conducted for a 

15 child— 

16 ‘‘(I) who is a victim of a severe 

17 form of trafficking in persons or is a 

18 special needs child with a disability 

19 (as defined in section 12102 of title 

20 42); 

21 ‘‘(II) who has been a victim of 

22 physical or sexual abuse under cir23 cumstances that indicate that the 

24 child’s health or welfare has been sig25 nificantly harmed or threatened; or 


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1 ‘‘(III) whose proposed sponsor 

2 clearly presents a risk of abuse, mal3 treatment, exploitation, or trafficking 

4 to the child based on all available ob5 jective evidence. 

6 ‘‘(C) FOLLOW-UP SERVICES AND ADDI7 TIONAL HOME STUDIES.— 

8 ‘‘(i) PENDENCY OF REMOVAL PRO9 CEEDINGS.—Every 6 months, the Sec10 retary of Health and Human Services shall 

11 conduct follow-up services for children for 

12 whom a home study was conducted and 

13 who were placed with a nongovernmental 

14 sponsor until initial removal proceedings 

15 have been completed and the immigration 

16 judge has issued an order of removal, 

17 granted voluntary departure under section 

18 240B, or granted the alien relief from re19 moval. 

20 ‘‘(ii) CHILDREN WITH MENTAL

21 HEALTH OR OTHER NEEDS.—Every 6 

22 months, for up to 2 years from the date of 

23 placement with a nongovernmental spon24 sor, the Secretary of Health and Human 

25 Services shall conduct follow-up services 


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1 for children with mental health needs or 

2 other needs that could benefit from ongo3 ing assistance from a social welfare agen4 cy. 

5 ‘‘(iii) CHILDREN AT RISK.—Every 3 

6 months, for up to 2 years from the date of 

7 placement with a nongovernmental spon8 sor, the Secretary of Health and Human 

9 Services shall conduct home studies and 

10 follow-up services, including partnering 

11 with local community programs that focus 

12 on early morning and after-school pro13 grams for at risk children who need a se14 cure environment to engage in studying, 

15 training, and skills-building programs and 

16 who are at risk for recruitment by criminal 

17 gangs or other transnational criminal orga18 nizations in the United States.’’. 

19 (c) DETENTION OF ACCOMPANIED MINORS.— 

20 (1) IN GENERAL.—Section 235 of the William 

21 Wilberforce Trafficking Victims Protection Reau22 thorization Act of 2008 (8 U.S.C. 1232) is amend23 ed— 

24 (A) by redesignating subsections (d) and 

25 (e) as subsections (e) and (f) respectively; and 


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1 (B) by inserting after subsection (c) the 

2 following: 

3 ‘‘(d) DETENTION OF ACCOMPANIED MINORS.— 

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

5 provision of law— 

6 ‘‘(A) judicial determination, consent de7 cree, or settlement agreement, the detention of 

8 any alien minor who is not described in section 

9 462(g)(2) of the Homeland Security Act of 

10 2002 (6 U.S.C. 279(g)(2)) shall be governed by 

11 sections 217, 235, 236, and 241 of the Immi12 gration and Nationality Act (8 U.S.C. 1187, 

13 1225, 1226, and 1231); and 

14 ‘‘(B) the decision whether to detain or re15 lease the alien minor shall be in the sole and 

16 unreviewable discretion of the Secretary of 

17 Homeland Security. 

18 ‘‘(2) LIMITATIONS ON RELEASE.—The release 

19 of an alien minor who is not described in section 

20 462(g)(2) of the Homeland Security Act of 2002 (6 

21 U.S.C. 279(g)(2)) may not be presumed and an 

22 alien minor not described in such section may not be 

23 released by the Secretary to anyone other than a 

24 parent or legal guardian. 


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1 ‘‘(3) CONDITIONS OF CONFINEMENT.—The con2 ditions of confinement applicable to alien minors 

3 who are not described in section 462(g) of the 

4 Homeland Security Act of 2002 (6 U.S.C. 

5 279(g)(2)) shall be determined in the sole and 

6 unreviewable discretion of the Secretary of Home7 land Security, and specific licensing requirements 

8 may not be imposed other than requirements deter9 mined appropriate by the Secretary.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by subparagraph (1)shall take effect on the date of 

12 enactment of this Act and shall apply regardless of 

13 the date on which the actions giving rise to remov14 ability or detention took place. 

15 SEC. 1326. FRAUD IN CONNECTION WITH THE TRANSFER OF 

16 CUSTODY OF UNACCOMPANIED ALIEN CHIL17 DREN. 

18 (a) IN GENERAL.—Chapter 47 of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 1041. Fraud in connection with the transfer of cus22 tody of unaccompanied alien children 

23 ‘‘(a) IN GENERAL.—It shall be unlawful for a person 

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1 fined in section 462(g) of the Homeland Security Act of 

2 2002 (6 U.S.C. 279(g))) by— 

3 ‘‘(1) making any materially false, fictitious, or 

4 fraudulent statement or representation; or 

5 ‘‘(2) making or using any false writing or docu6 ment knowing the same to contain any materially 

7 false, fictitious, or fraudulent statement or entry. 

8 ‘‘(b) PENALTIES.— 

9 ‘‘(1) IN GENERAL.—Any person who violates, or 

10 attempts or conspires to violate, this section shall be 

11 fined under this title and imprisoned for not less 

12 than 1 year. 

13 ‘‘(2) ENHANCED PENALTY FOR TRAF14 FICKING.—If the primary purpose of the violation, 

15 attempted violation, or conspiracy to violate this sec16 tion was to subject the child to sexually explicit ac17 tivity or any other form of exploitation, the offender 

18 shall be fined under this title and imprisoned for not 

19 less than 15 years.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 for chapter 47 of title 18, United States Code, is amended 

22 by inserting after the item relating to section 1040 the 

23 following: 

‘‘1041. Fraud in connection with the transfer of custody of unaccompanied alien 

children.’’. 


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1 SEC. 1327. NOTIFICATION OF STATES AND FOREIGN GOV2 ERNMENTS, REPORTING, AND MONITORING. 

3 (a) NOTIFICATION.—Section 235 of the William Wil4 berforce Trafficking Victims Protection Reauthorization 

5 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

6 the end the following: 

7 ‘‘(j) NOTIFICATION TO STATES.— 

8 ‘‘(1) BEFORE PLACEMENT.—The Secretary of 

9 Homeland Security or the Secretary of Health and 

10 Human Services shall notify the Governor of a State 

11 not later than 48 hours before the placement of an 

12 unaccompanied alien child from in custody of such 

13 Secretary in the care of a facility or sponsor in such 

14 State. 

15 ‘‘(2) INITIAL REPORTS.—Not later than 60 

16 days after the date of the enactment of the Pro17 tecting Children and America’s Homeland Act of 

18 2017, the Secretary of Health and Human Services 

19 shall submit a report to the Governor of each State 

20 in which an unaccompanied alien child was dis21 charged to a sponsor or placed in a facility while re22 maining in the legal custody of the Secretary during 

23 the period beginning October 1, 2013 and ending on 

24 the date of the enactment of the Protecting Children 

25 and America’s Homeland Act of 2017. 


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1 ‘‘(3) MONTHLY REPORTS.—The Secretary of 

2 Health and Human Services shall submit a monthly 

3 report to the Governor of each State in which, dur4 ing the reporting period, unaccompanied alien chil5 dren were discharged to a sponsor or placed in a fa6 cility while remaining in the legal custody of the 

7 Secretary of Health and Human Services. 

8 ‘‘(4) CONTENTS.—Each report required to be 

9 submitted to the Governor of a State under para10 graph (2) or (3) shall identify the number of unac11 companied alien children placed in the State during 

12 the reporting period, disaggregated by— 

13 ‘‘(A) the locality in which the aliens were 

14 placed; and 

15 ‘‘(B) the age of such aliens. 

16 ‘‘(k) NOTIFICATION OF FOREIGN COUNTRY.—The 

17 Secretary of Homeland Security shall provide information 

18 regarding each unaccompanied alien child to the govern19 ment of the country of which the child is a national to 

20 assist such government with the identification and reunifi21 cation of such child with their parent or other qualifying 

22 relative. 

23 ‘‘(l) MONITORING REQUIREMENT.—The Secretary of 

24 Health and Human Services shall— 

25 ‘‘(1) require all sponsors to agree— 


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1 ‘‘(A) to receive approval from the Sec2 retary of Health and Human Services before 

3 changing the location in which the sponsor is 

4 housing an unaccompanied alien child placed in 

5 the sponsor’s custody; and 

6 ‘‘(B) to provide a current address for the 

7 child and the reason for the change of address; 

8 ‘‘(2) provide regular and frequent monitoring of 

9 the physical and emotional well-being of each unac10 companied alien child who has been discharged to a 

11 sponsor or remained in the legal custody of the Sec12 retary until the child’s immigration case is resolved; 

13 and 

14 ‘‘(3) not later than 60 days after the date of 

15 the enactment of this Act, submit a plan to Con16 gress for implementing the requirements under para17 graphs (1) and (2).’’. 

18 SEC. 1328. EMERGENCY IMMIGRATION JUDGE RESOURCES. 

19 (a) DESIGNATION.—Not later than 14 days after the 

20 date of the enactment of this Act, the Attorney General 

21 shall designate up to 100 immigration judges, including 

22 through the hiring of retired immigration judges, mag23 istrate judges, or administrative law judges, or the reas24 signment of current immigration judges, that are dedi25 cated— 


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1 (1) to conducting humane and expedited inspec2 tion and screening for unaccompanied alien children 

3 under section 235B of the Immigration and Nation4 ality Act, as added by section 1322; or 

5 (2) to reducing existing backlogs in immigration 

6 court proceedings initiated under section 239 of the 

7 Immigration and Nationality Act (8 U.S.C. 1229). 

8 (b) REQUIREMENT.—The Attorney General shall en9 sure that sufficient immigration judge resources are dedi10 cated to the purpose described in subsection (a)(1) and 

11 the Secretary shall ensure that sufficient immigration at12 torneys are dedicated to such purpose to comply with the 

13 requirement under section 235B(b)(1) of the Immigration 

14 and Nationality Act, as added by section 1322. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $10,000,000, for each of the 

17 fiscal years 2018 through 2022, to implement this section. 

18 SEC. 1329. REPORTS TO CONGRESS. 

19 (a) REPORTS ON CARE OF UNACCOMPANIED ALIEN

20 CHILDREN.—Not later than September 30, 2019, the Sec21 retary of Health and Human Services shall submit to Con22 gress and make publicly available a report that includes— 

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1 dren, including the names and locations of contrac2 tors and the facilities being used; 

3 (2) the cost per day to care for and house an 

4 unaccompanied alien child, including an explanation 

5 of such cost; 

6 (3) the number of unaccompanied alien children 

7 who have been released to a sponsor, if any; 

8 (4) a list of the States to which unaccompanied 

9 alien children have been released from the custody of 

10 the Secretary of Health and Human Services to the 

11 care of a sponsor or placement in a facility; 

12 (5) the number of unaccompanied alien children 

13 who have been released to a sponsor who is not law14 fully present in the United States, including the 

15 country of nationality or last habitual residence and 

16 age of such children; 

17 (6) a determination of whether more than 1 un18 accompanied alien child has been released to the 

19 same sponsor, including the number of children who 

20 were released to such sponsor; 

21 (7) an assessment of the extent to which the 

22 Secretary of Health and Human Services is moni23 toring the release of unaccompanied alien children, 

24 including home studies done and electronic moni25 toring devices used; 


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1 (8) an assessment of the extent to which the 

2 Secretary of Health and Human Services is making 

3 efforts— 

4 (A) to educate unaccompanied alien chil5 dren about their legal rights; and 

6 (B) to provide unaccompanied alien chil7 dren with access to pro bono counsel; and 

8 (9) the extent of the public health issues of un9 accompanied alien children, including contagious dis10 eases, the benefits or medical services provided, and 

11 the outreach to States and localities about public 

12 health issues, that could affect the public. 

13 (b) REPORTS ON REPATRIATION AGREEMENTS.— 

14 Not later than September 30, 2018, the Secretary of State 

15 shall submit to Congress and make publically available a 

16 report that— 

17 (1) includes a copy of any repatriation agree18 ment for unaccompanied alien children in effect; 

19 (2) describes any such repatriation agreement 

20 that is being considered or negotiated; and 

21 (3) describes the funding provided to the 20 

22 countries that have the highest number of nationals 

23 entering the United States as unaccompanied alien 

24 children, including amounts provided— 


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1 (A) to deter the nationals of each country 

2 from illegally entering the United States; and 

3 (B) to care for or reintegrate repatriated 

4 unaccompanied alien children in the country of 

5 nationality or last habitual residence. 

6 (c) REPORTS ON RETURNS TO COUNTRY OF NATION7 ALITY.—Not later than September 30, 2019, the Sec8 retary of Homeland Security shall submit to Congress and 

9 make publicly available a report that describes— 

10 (1) the number of unaccompanied alien children 

11 who have voluntarily returned to their country of na12 tionality or habitual residence, disaggregated by— 

13 (A) country of nationality or habitual resi14 dence; and 

15 (B) age of the unaccompanied alien chil16 dren; 

17 (2) the number of unaccompanied alien children 

18 who have been returned to their country of nation19 ality or habitual residence, including the length of 

20 time such children were present in the United 

21 States; 

22 (3) the number of unaccompanied alien children 

23 who have not been returned to their country of na24 tionality or habitual residence pending travel docu25 ments or other requirements from such country, inVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 cluding how long they have been waiting to return; 

2 and 

3 (4) the number of unaccompanied alien children 

4 who were granted relief in the United States, wheth5 er through asylum, any other immigration benefit or 

6 status, or deferred action. 

7 (d) REPORTS ON IMMIGRATION PROCEEDINGS.—Not 

8 later than September 30, 2019, and once every 3 months 

9 thereafter, the Secretary of Homeland Security, in coordi10 nation with the Director of the Executive Office for Immi11 gration Review, shall submit to Congress and make pub12 lically available a report that describes— 

13 (1) the number of unaccompanied alien children 

14 who, after proceedings under section 235(b) of the 

15 Immigration and Nationality Act, as added by sec16 tion 1322, were returned to their country of nation17 ality or habitual residence, disaggregated by— 

18 (A) country of nationality or residence; and 

19 (B) age and gender of such aliens; 

20 (2) the number of unaccompanied alien children 

21 who, after proceedings under such section 235B, 

22 prove a claim of admissibility and are placed in pro23 ceedings under section 240 of the Immigration and 

24 Nationality Act (8 U.S.C. 1229a); 


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1 (3) the number of unaccompanied alien children 

2 who fail to appear at a removal hearing that such 

3 alien was required to attend; 

4 (4) the number of sponsors who were levied a 

5 penalty, including the amount and whether the pen6 alty was collected, for the failure of an unaccom7 panied alien child to appear at a removal hearing; 

8 and 

9 (5) the number of aliens that are classified as 

10 unaccompanied alien children, the ages and coun11 tries of nationality of such children, and the orders 

12 issued by the immigration judge at the conclusion of 

13 proceedings under such section 235B for such chil14 dren. 

15 Subtitle D—Penalties for Smug16 gling, Drug Trafficking, Human 

17 Trafficking, Terrorism, and Ille18 gal Entry and Reentry; Bars to 

19 Readmission of Removed Aliens 

20 SEC. 1401. DANGEROUS HUMAN SMUGGLING, HUMAN TRAF21 FICKING, AND HUMAN RIGHTS VIOLATIONS. 

22 (a) CRIMINAL PENALTIES FOR HUMAN SMUGGLING

23 AND TRAFFICKING.—Section 274(a) of the Immigration 

24 and Nationality Act (8 U.S.C. 1324(a)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by amending 

2 clause (ii) to read as follows: 

3 ‘‘(ii) knowing, or in reckless disregard 

4 of the fact, that an alien has come to, en5 tered into, or remains in the United States 

6 in violation of law— 

7 ‘‘(I) transports, moves, or at8 tempts to transport or move such 

9 alien within the United States by 

10 means of transportation or otherwise, 

11 in furtherance of such violation of 

12 law; or 

13 ‘‘(II) transports or moves the 

14 alien with the purpose of facilitating 

15 the illegal entry of the alien into Can16 ada or Mexico.’’; and 

17 (B) in subparagraph (B)— 

18 (i) by redesignating clauses (iii) and 

19 (iv) as clauses (vi) and (vii), respectively; 

20 (ii) in clause (vi), as redesignated, by 

21 inserting ‘‘for not less than 10 years and’’ 

22 before ‘‘not more than 20 years,’’; and 

23 (iii) by inserting after clause (ii) the 

24 following: 


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1 ‘‘(iii) in the case of a violation of 

2 clause (i), (ii), (iii), (iv), or (v) of subpara3 graph (A) that is the third or subsequent 

4 violation committed by such person under 

5 this section, shall be fined under title 18, 

6 imprisoned for not less than 5 years and 

7 not more than 25 years, or both; 

8 ‘‘(iv) in the case of a violation of 

9 clause (i), (ii), (iii), (iv), or (v) of subpara10 graph (A) that recklessly, knowingly, or in11 tentionally results in a victim being invol12 untarily forced into labor or prostitution, 

13 shall be fined under title 18, imprisoned 

14 for not less than 5 years and not more 

15 than 25 years, or both; 

16 ‘‘(v) in the case of a violation of 

17 clause (i), (ii), (iii), (iv), or (v) of subpara18 graph (A) during and in relation to which 

19 any person is subjected to an involuntary 

20 sexual act (as defined in section 2246(2) of 

21 title 18), be fined under title 18, impris22 oned for not less than 5 years and not 

23 more than 25 years, or both;’’; and 

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


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1 ‘‘(5) Any person who, knowing that a person is an 

2 alien in unlawful transit from 1 country to another or on 

3 the high seas, transports, moves, harbors, conceals, or 

4 shields from detection such alien outside of the United 

5 States when the alien is seeking to enter the United States 

6 without official permission or legal authority, shall for, 

7 each alien in respect to whom a violation of this paragraph 

8 occurs, be fined under title 18, United States Code, im9 prisoned not more than 10 years, or both.’’. 

10 (b) SEIZURE AND FORFEITURE.—Section 274(b)(1) 

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

12 1324(b)(1)) is amended to read as follows: 

13 ‘‘(1) IN GENERAL.—Any real or personal prop14 erty involved in or used to facilitate the commission 

15 of a violation or attempted violation of subsection 

16 (a), the gross proceeds of such violation or at17 tempted violation, and any property traceable to 

18 such property or proceeds, shall be seized and sub19 ject to forfeiture.’’. 

20 SEC. 1402. PUTTING THE BRAKES ON HUMAN SMUGGLING 

21 ACT. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Putting the Brakes on Human Smuggling Act’’. 

24 (b) FIRST VIOLATION.—Section 31310(b)(1) of title 

25 49, United States Code, is amended— 


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1 (1) in subparagraph (D), by striking the ‘‘or’’ 

2 at the end; 

3 (2) in subparagraph (E), by striking the period 

4 at the end and inserting a semicolon; and 

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

6 ‘‘(F) using a commercial motor vehicle in will7 fully aiding or abetting an alien’s illegal entry into 

8 the United States by transporting, guiding, direct9 ing, or attempting to assist the alien with the alien’s 

10 entry in violation of section 275 of the Immigration 

11 and Nationality Act (8 U.S.C. 1325), regardless of 

12 whether the alien is ultimately fined or imprisoned 

13 for an act in violation of such section; or 

14 ‘‘(G) using a commercial motor vehicle in will15 fully aiding or abetting the transport of controlled 

16 substances, monetary instruments, bulk cash, or 

17 weapons by any individual departing the United 

18 States.’’. 

19 (c) SECOND OR MULTIPLE VIOLATIONS.—Section 

20 31310(c)(1) of title 49, United States Code, is amended— 

21 (1) in subparagraph (E), by striking the ‘‘or’’ 

22 at the end; 

23 (2) by redesignating subparagraph (F) as sub24 paragraph (H); 


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1 (3) in subparagraph (H), as redesignated, by 

2 striking ‘‘(E)’’ and inserting ‘‘(F)’’; and 

3 (4) by inserting after subparagraph (E) the fol4 lowing: 

5 ‘‘(F) using a commercial motor vehicle more 

6 than once in willfully aiding or abetting an alien’s il7 legal entry into the United States by transporting, 

8 guiding, directing and attempting to assist the alien 

9 with the alien’s entry in violation of section 275 of 

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

11 1325), regardless of whether the alien is ultimately 

12 fined or imprisoned for an act in violation of such 

13 section; 

14 ‘‘(G) using a commercial motor vehicle in will15 fully aiding or abetting the transport of controlled 

16 substances, monetary instruments, bulk cash, or 

17 weapons by any individual departing the United 

18 States; or’’. 

19 (d) LIFETIME DISQUALIFICATION.—Section 

20 31310(d) of title 49, United States Code, is amended to 

21 read as follows: 

22 ‘‘(d) LIFETIME DISQUALIFICATION.—The Secretary 

23 shall permanently disqualify an individual from operating 

24 a commercial motor if the individual uses a commercial 

25 motor vehicle— 


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1 ‘‘(1) in committing a felony involving manufac2 turing, distributing, or dispensing a controlled sub3 stance, or possession with intent to manufacture, 

4 distribute, or dispense a controlled substance; 

5 ‘‘(2) in committing an act for which the indi6 vidual is convicted under— 

7 ‘‘(A) section 274 of the Immigration and 

8 Nationality Act (8 U.S.C. 1324); or 

9 ‘‘(B) section 277 of such Act (8 U.S.C. 

10 1327); or 

11 ‘‘(3) in willfully aiding or abetting the transport 

12 of controlled substances, monetary instruments, bulk 

13 cash, and weapons by any individual departing the 

14 United States.’’. 

15 (e) REPORTING REQUIREMENTS.— 

16 (1) COMMERCIAL DRIVER’S LICENSE INFORMA17 TION SYSTEM.—Section 31309(b)(1) of title 49, 

18 United States Code, is amended— 

19 (A) in subparagraph (E), by striking 

20 ‘‘and’’ at the end; 

21 (B) in subparagraph (F), by striking the 

22 period at the end and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(G) whether the operator was disquali25 fied, either temporarily or permanently, from 


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1 operating a commercial motor vehicle under sec2 tion 31310, including under subsection 

3 (b)(1)(F), (c)(1)(F), or (d) of such section.’’. 

4 (2) NOTIFICATION BY THE STATE.—Section 

5 31311(a)(8) of title 49, United States Code, is 

6 amended by inserting ‘‘including such a disqualifica7 tion, revocation, suspension, or cancellation made 

8 pursuant to a disqualification under subsection 

9 (b)(1)(F), (c)(1)(F), or (d) of section 31310,’’ after 

10 ‘‘60 days,’’. 

11 SEC. 1403. DRUG TRAFFICKING AND CRIMES OF VIOLENCE 

12 COMMITTED BY ILLEGAL ALIENS. 

13 (a) IN GENERAL.—Title 18, United States Code, is 

14 amended by inserting after chapter 27 the following: 

15 ‘‘CHAPTER 28—DRUG TRAFFICKING AND 

16 CRIMES OF VIOLENCE COMMITTED BY 

17 ILLEGAL ALIENS 

‘‘581. Enhanced penalties for drug trafficking and crimes committed by illegal 

aliens. 

18 ‘‘§ 581. Enhanced penalties for drug trafficking and 

19 crimes committed by illegal aliens 

20 ‘‘(a) OFFENSE.—Any alien unlawfully present in the 

21 United States, who commits, conspires to commit, or at22 tempts to commit a an offense under Federal, State, or 

23 Tribal law, that has, as an element, the use or attempted 

24 use of physical force or the threatened use of physical 


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1 force or a deadly weapon or a drug trafficking crime (as 

2 defined in section 924) shall be fined under this title im3 prisoned for not less than 5 years, or both. 

4 ‘‘(b) ENHANCED PENALTIES FOR ALIENS ORDERED

5 REMOVED.—Any alien unlawfully present in the United 

6 States who violates subsection (a) and was ordered re7 moved under the Immigration and Nationality Act (8 

8 U.S.C. 1101 et seq.) on the grounds of having committed 

9 a crime before the violation of subsection (a), shall be 

10 fined under this title, imprisoned for not less than 15 

11 years, or both. 

12 ‘‘(c) REQUIREMENT FOR CONSECUTIVE SEN13 TENCES.—Any term of imprisonment imposed under this 

14 section shall be consecutive to any term imposed for any 

15 other offense.’’. 

16 (b) CLERICAL AMENDMENT.—The table of chapters 

17 at the beginning of part I of title 18, United States Code, 

18 is amended by inserting after the item relating to chapter 

19 27 the following: 

‘‘28 . Drug trafficking and crimes of violence committed by illegal 

aliens ............................................................................. 581’’. 

20 SEC. 1404. ESTABLISHING INADMISSIBILITY AND DEPORT21 ABILITY. 

22 (a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 

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


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1 1182(a)(2)(A)) is amended by adding at the end the fol2 lowing: 

3 ‘‘(iii) CONSIDERATION OF OTHER EVI4 DENCE.—If the conviction records do not 

5 conclusively establish whether a crime con6 stitutes a crime involving moral turpitude, 

7 the Secretary may consider other evidence 

8 related to the conviction, including charg9 ing documents, plea agreements, plea col10 loquies, jury instructions, police reports, 

11 that clearly establishes that the conduct 

12 for which the alien was engaged constitutes 

13 a crime involving moral turpitude.’’. 

14 (b) DEPORTABLE ALIENS.— 

15 (1) GENERAL CRIMES.—Section 237(a)(2)(A) 

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

17 1227(a)(2)(A)) is amended by inserting after clause 

18 (iv) the following: 

19 ‘‘(v) CRIMES INVOLVING MORAL TUR20 PITUDE.—If the conviction records do not 

21 conclusively establish whether a crime con22 stitutes a crime involving moral turpitude, 

23 the Secretary or the Attorney General may 

24 consider other evidence related to the con25 viction, including charging documents, plea 


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1 agreements, plea colloquies, jury instruc2 tions, and police reports, that clearly estab3 lishes that the conduct for which the alien 

4 was engaged constitutes a crime involving 

5 moral turpitude.’’. 

6 (2) DOMESTIC VIOLENCE.—Section 

7 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) 

8 is amended by adding at the end the following: 

9 ‘‘(iii) CRIME OF VIOLENCE.—If the 

10 conviction records do not conclusively es11 tablish whether a crime of domestic vio12 lence constitutes a crime of violence or an 

13 offense under Federal, State, or Tribal law 

14 that has, as an element of the crime, the 

15 use or attempted use of physical force or 

16 the threatened use of physical force or a 

17 deadly weapon, the Secretary or the Attor18 ney General may consider other evidence 

19 related to the conviction, including charg20 ing documents, plea agreements, plea col21 loquies, jury instructions, and police re22 ports, that clearly establishes that the con23 duct for which the alien was engaged con24 stitutes a crime of violence or an offense 

25 under Federal, State, or Tribal law that 


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1 has, as an element of the crime, the use or 

2 attempted use of physical force or the 

3 threatened use of physical force or a dead4 ly weapon.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of the enactment 

7 of this Act and shall apply to acts that occur before, on, 

8 or after the date of the enactment of this Act. 

9 SEC. 1405. PENALTIES FOR ILLEGAL ENTRY; ENHANCED 

10 PENALTIES FOR ENTERING WITH INTENT TO 

11 AID, ABET, OR COMMIT TERRORISM. 

12 (a) IN GENERAL.—Section 275 of the Immigration 

13 and Nationality Act (8 U.S.C. 1325) is amended by strik14 ing the section heading and subsections (a) and (b) and 

15 inserting the following: 

16 ‘‘SEC. 275. ILLEGAL ENTRY. 

17 ‘‘(a) IN GENERAL.— 

18 ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE19 FITS.—Any alien shall be ineligible for all immigra20 tion benefits or relief available under the immigra21 tion laws, including relief under section 240B, 245, 

22 248, and 249, other than asylum, relief as a victim 

23 of trafficking under section 101(a)(15)(T), relief as 

24 a victim of criminal activity under section 

25 101(a)(15)(U), relief as a VAWA self-petitioner, reVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 lief as a battered spouse or child under section 

2 240A(b)(2), withholding of removal under section 

3 241(b)(3), or protection from removal based on a 

4 claim under the Convention Against Torture and 

5 Other Cruel, Inhuman or Degrading Treatment or 

6 Punishment, done at New York, December 10, 

7 1984, if the alien— 

8 ‘‘(A) enters, crosses, or attempts to enter 

9 or cross the border into the United States at 

10 any time or place other than as designated by 

11 immigration officers; 

12 ‘‘(B) eludes, at any time or place, examina13 tion or inspection by an authorized immigra14 tion, customs, or agriculture officer (including 

15 failing to stop at the command of such officer); 

16 or 

17 ‘‘(C) enters or crosses the border to the 

18 United States and, upon examination or inspec19 tion, makes a false or misleading representation 

20 or conceals a material fact, including such rep21 resentation or willful concealment in the context 

22 of arrival, reporting, entry, or clearance, re23 quirements of the customs laws, immigration 

24 laws, agriculture laws, or shipping laws. 


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1 ‘‘(2) CRIMINAL OFFENSES.—An alien shall be 

2 subject to the penalties under paragraph (3) if the 

3 alien— 

4 ‘‘(A) enters, crosses, or attempts to enter 

5 or cross the border into the United States at 

6 any time or place other than as designated by 

7 immigration officers; 

8 ‘‘(B) eludes, at any time or place, examina9 tion or inspection by an authorized immigra10 tion, customs, or agriculture officer (including 

11 failing to stop at the command of such officer); 

12 or 

13 ‘‘(C) enters or crosses the border to the 

14 United States and, upon examination or inspec15 tion, makes a false or misleading representation 

16 or conceals a material fact, including such rep17 resentation or concealment in the context of ar18 rival, reporting, entry, or clearance, require19 ments of the customs laws, immigration laws, 

20 agriculture laws, or shipping laws. 

21 ‘‘(3) CRIMINAL PENALTIES.—Any alien who 

22 violates any provision under paragraph (1)— 

23 ‘‘(A) shall, for the first violation, be fined 

24 under title 18, United States Code, imprisoned 

25 not more than 6 months, or both; 


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1 ‘‘(B) shall, for a second or subsequent vio2 lation, or following an order of voluntary depar3 ture, be fined under such title, imprisoned not 

4 more than 2 years, or both; 

5 ‘‘(C) if the violation occurred after the 

6 alien had been convicted of 3 or more mis7 demeanors (at least 1 of which involves con8 trolled substances, abuse of a minor, trafficking 

9 or smuggling, or any offense that could result 

10 in serious bodily harm or injury to another per11 son), a significant misdemeanor, or a felony, 

12 shall be fined under such title, imprisoned not 

13 more than 10 years, or both; 

14 ‘‘(D) if the violation occurred after the 

15 alien had been convicted of a felony for which 

16 the alien received a term of imprisonment of 

17 not less than 30 months, shall be fined under 

18 such title, imprisoned not more than 15 years, 

19 or both; and 

20 ‘‘(E) if the violation occurred after the 

21 alien had been convicted of a felony for which 

22 the alien received a term of imprisonment of 

23 not less than 60 months, such alien shall be 

24 fined under such title, imprisoned not more 

25 than 20 years, or both. 


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1 ‘‘(4) PRIOR CONVICTIONS.—The prior convic2 tions described in subparagraphs (C) through (E) of 

3 paragraph (3) are elements of the offenses described 

4 in that paragraph and the penalties in such subpara5 graphs shall apply only in cases in which the convic6 tion or convictions that form the basis for the addi7 tional penalty are— 

8 ‘‘(A) alleged in the indictment or informa9 tion; and 

10 ‘‘(B) proven beyond a reasonable doubt at 

11 trial; or 

12 ‘‘(C) admitted by the defendant. 

13 ‘‘(5) DURATION OF OFFENSES.—An offense 

14 under this subsection continues until the alien is dis15 covered within the United States by an immigration, 

16 customs, or agriculture officer. 

17 ‘‘(6) ATTEMPT.—Any person who attempts to 

18 commit any offense under this section shall be pun19 ished in the same manner as for a completion of 

20 such offense. 

21 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN22 ALTIES.— 

23 ‘‘(1) IN GENERAL.—Any alien who is appre24 hended while entering, attempting to enter, or cross25 ing or attempting to cross the border to the United 


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1 States at a time or place other than as designated 

2 by immigration officers shall be subject to a civil 

3 penalty, in addition to any criminal or other civil 

4 penalties that may be imposed under any other pro5 vision of law, in an amount equal to— 

6 ‘‘(A) not less than $50 or more than $250 

7 for each such entry, crossing, attempted entry, 

8 or attempted crossing; or 

9 ‘‘(B) twice the amount specified in para10 graph (1) if the alien had previously been sub11 ject to a civil penalty under this subsection. 

12 ‘‘(2) CIVIL PENALTIES.—Civil penalties under 

13 paragraph (1) are in addition to, and not in place 

14 of, any criminal or other civil penalties that may be 

15 imposed.’’. 

16 (b) ENHANCED PENALTIES.—Section 275 of the Im17 migration and Nationality Act, as amended by subsection 

18 (a), is further amended by adding at the end the following: 

19 ‘‘(e) ENHANCED PENALTY FOR TERRORIST

20 ALIENS.—Any alien who commits an offense described in 

21 subsection (a) for the purpose of engaging in, or with the 

22 intent to engage in, any Federal crime of terrorism (as 

23 defined in section 2332b(g) of title 18, United States 

24 Code) shall be imprisoned for not less than 10 years and 

25 not more than 30 years.’’. 


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

2 in the first section of the Immigration and Nationality Act 

3 is amended by striking the item relating to section 275 

4 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

5 (d) APPLICATION.— 

6 (1) PRIOR CONVICTIONS.—Section 275(a)(4) of 

7 the Immigration and Nationality Act, as amended by 

8 subsection (a), shall apply only to violations of sec9 tion 275(a)(2) of such Act committed on or after the 

10 date of enactment of this Act. 

11 (2) BARS TO IMMIGRATION RELIEF AND BENE12 FITS.—Section 275(a)(1) of such Act, as amended 

13 by subsection (a), shall take effect on the date of en14 actment and apply to any alien who, on or after the 

15 date of enactment— 

16 (A) enters or crosses, or attempts to enter 

17 or cross, the border into the United States at 

18 any time or place other than as designated by 

19 immigration officers; 

20 (B) eludes, at any time or place, examina21 tion or inspection by an authorized immigra22 tion, customs, or agriculture officer (including 

23 failing to stop at the command of such officer); 

24 or 


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1 (C) enters or crosses the border to the 

2 United States and, upon examination or inspec3 tion, makes a false or misleading representation 

4 or conceals a material fact, including such rep5 resentation or concealment in the context of ar6 rival, reporting, entry, or clearance, require7 ments of the customs laws, immigration laws, 

8 agriculture laws, or shipping laws. 

9 SEC. 1406. PENALTIES FOR REENTRY OF REMOVED ALIENS. 

10 (a) SHORT TITLES.—This section may be cited as the 

11 ‘‘Stop Illegal Reentry Act’’ or ‘‘Kate’s Law’’. 

12 (b) INCREASED PENALTIES FOR REENTRY OF RE13 MOVED ALIEN.— 

14 (1) IN GENERAL.—Section 276 of the Immigra15 tion and Nationality Act (8 U.S.C. 1326) is amend16 ed to read as follows: 

17 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) BARS TO IMMIGRATION RELIEF AND BENE20 FITS.—Any alien who has been denied admission, ex21 cluded, deported, or removed or has departed the 

22 United States while an order of exclusion, deporta23 tion, or removal is outstanding shall be ineligible for 

24 all immigration benefits or relief available under the 

25 immigration laws, including relief under section 


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1 240B, 245, 248, and 249, other than asylum, relief 

2 as a victim of trafficking under section 

3 101(a)(15)(T), relief as a victim of criminal activity 

4 under section 101(a)(15)(U), relief as a VAWA self5 petitioner, relief as a battered spouse or child under 

6 section 240A(b)(2), withholding of removal under 

7 section 241(b)(3), or protection from removal based 

8 on a claim under the Convention Against Torture 

9 and Other Cruel, Inhuman or Degrading Treatment 

10 or Punishment, done at New York, December 10, 

11 1984, if, after such denial, exclusion, deportation, 

12 removal, or departure, the alien enters, attempts to 

13 enter, crosses the border to, attempts to cross the 

14 border to, or is at any time found in, the United 

15 States, unless— 

16 ‘‘(A) if the alien is seeking admission more 

17 than 10 years after the date of the alien’s last 

18 departure from the United States, the Sec19 retary, before the alien’s reembarkation at a 

20 place outside of the United States or the alien’s 

21 application for admission from a foreign contig22 uous territory, has expressly consented to such 

23 alien’s reapplying for admission; or 

24 ‘‘(B) with respect to an alien previously de25 nied admission and removed, such alien estabVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 lishes that the alien was not required to obtain 

2 such advance consent under this Act or any 

3 other Act. 

4 ‘‘(2) CRIMINAL OFFENSES.—Any alien who— 

5 ‘‘(A) has been denied admission, deported, 

6 or removed or has departed the United States 

7 while an order of deportation, or removal is out8 standing; and 

9 ‘‘(B) after such denial, removal or depar10 ture, enters, attempts to enter, crosses the bor11 der to, attempts to cross the border to, or is at 

12 any time found in, the United States, unless— 

13 ‘‘(i) if the alien is seeking admission 

14 more than 10 years after the date of the 

15 alien’s last departure from the United 

16 States, the Secretary, before the alien’s re17 embarkation at a place outside the United 

18 States or the alien’s application for admis19 sion from a foreign contiguous territory, 

20 has expressly consented to such alien’s re21 applying for admission; or 

22 ‘‘(ii) with respect to an alien pre23 viously denied admission and removed, 

24 such alien establishes that the alien was 


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1 not required to obtain such advance con2 sent under this Act or any other Act, 

3 ‘‘shall be fined under title 18, United States 

4 Code, imprisoned not more than 5 years, or both. 

5 ‘‘(b) CRIMINAL PENALTIES FOR REENTRY OF CER6 TAIN REMOVED ALIENS.— 

7 ‘‘(1) REENTRY AFTER REMOVAL.—Notwith8 standing the penalties under subsection (a)(2), and 

9 except as provided in subsection (c)— 

10 ‘‘(A) an alien described in subsection (a) 

11 who has been excluded from the United States 

12 pursuant to section 235(c) because the alien 

13 was excludable under section 212(a)(3)(B) or 

14 who has been removed from the United States 

15 pursuant to the provisions of title V, and there16 after, without the permission of the Secretary, 

17 enters the United States, or attempts to enter 

18 the United States, shall be fined under title 18, 

19 United States Code, and imprisoned for a pe20 riod of 15 years, which sentence shall not run 

21 concurrently with any other sentence; 

22 ‘‘(B) an alien described in subsection (a) 

23 who was removed from the United States pur24 suant to section 237(a)(4)(B) and thereafter, 

25 without the permission of the Secretary, enters, 


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1 attempts to enter, or is at any time found in, 

2 the United States (unless the Secretary has ex3 pressly consented to such alien’s reentry) shall 

4 be fined under title 18, United States Code, im5 prisoned for not more than 15 years, or both; 

6 and 

7 ‘‘(C) an alien described in subsection (a) 

8 who has been denied admission, excluded, de9 ported, or removed 2 or more times for any rea10 son and thereafter enters, attempts to enter, 

11 crosses the border, attempts to cross the bor12 der, or is at any time found in the United 

13 States, shall be fined under title 18, United 

14 States Code, imprisoned not more than 15 

15 years, or both. 

16 ‘‘(2) REENTRY OF CRIMINAL ALIENS AFTER RE17 MOVAL.—Notwithstanding the penalties under sub18 section (a)(2), and except as provided in subsection 

19 (h)— 

20 ‘‘(A) an alien described in subsection (a) 

21 who was convicted, before the alien was subject 

22 to removal or departure, of a significant mis23 demeanor shall be fined under title 18, United 

24 States Code, imprisoned not more than 10 

25 years, or both; 


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1 ‘‘(B) an alien described in subsection (a) 

2 who was convicted, before the alien was subject 

3 to removal or departure, of 2 or more mis4 demeanors involving drugs, crimes against the 

5 person, or both shall be fined under title 18, 

6 United States Code, imprisoned not more than 

7 10 years, or both; 

8 ‘‘(C) an alien described in subsection (a) 

9 who was convicted, before the alien was subject 

10 to removal or departure, of 3 or more mis11 demeanors for which the alien was sentenced to 

12 a term of imprisonment of not less than 90 

13 days for each offense, or 12 months in the ag14 gregate shall be fined under title 18, United 

15 States Code, imprisoned not more than 10 

16 years, or both; 

17 ‘‘(D) an alien described in subsection (a) 

18 who was convicted, before the alien was subject 

19 to removal or departure, of a felony for which 

20 the alien was sentenced to a term of imprison21 ment of not less than 30 months shall be fined 

22 under such title, imprisoned not more than 15 

23 years, or both; 

24 ‘‘(E) an alien described in subsection (a) 

25 who was convicted, before the alien was subject 


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1 to removal or departure, of a felony for which 

2 the alien was sentenced to a term of imprison3 ment of not less than 60 months shall be fined 

4 under such title, imprisoned not more than 20 

5 years, or both; 

6 ‘‘(F) an alien described in subsection (a) 

7 who was convicted of 3 or more felonies of any 

8 kind shall be fined under such title, imprisoned 

9 not more than 25 years, or both; and 

10 ‘‘(G) an alien described in subsection (a) 

11 who was convicted, before the alien was subject 

12 to removal or departure or after such removal 

13 or departure, for murder, rape, kidnapping, or 

14 a felony offense described in chapter 77 (relat15 ing to peonage and slavery) or 113B (relating 

16 to terrorism) of such title shall be fined under 

17 such title, imprisoned not more than 25 years, 

18 or both; 

19 ‘‘(c) MANDATORY MINIMUM CRIMINAL PENALTY FOR

20 REENTRY OF CERTAIN REMOVED ALIENS.—Notwith21 standing the penalties under subsections (a) and (b), an 

22 alien described in subsection (a) shall be imprisoned not 

23 less than 5 years and not more than 20 years, and may, 

24 in addition, be fined under title 18, United States Code, 

25 if the alien— 


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1 ‘‘(1) was convicted, before the alien was subject 

2 to removal or departure, of an aggravated felony; or 

3 ‘‘(2) was convicted at least twice before such re4 moval or departure of illegal reentry under this sec5 tion. 

6 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

7 convictions described in subsection (b)(2) are elements of 

8 the crimes described in that subsection, and the penalties 

9 in that subsection shall apply only in cases in which the 

10 conviction or convictions that form the basis for the addi11 tional penalty are— 

12 ‘‘(1) alleged in the indictment or information; 

13 and 

14 ‘‘(2)(A) proven beyond a reasonable doubt at 

15 trial; or 

16 ‘‘(B) admitted by the defendant. 

17 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af18 firmative defense to a violation of this section that— 

19 ‘‘(1) before the alleged violation, the alien 

20 sought and received the express consent of the Sec21 retary to reapply for admission into the United 

22 States; or 

23 ‘‘(2) with respect to an alien previously denied 

24 admission and removed, the alien— 


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1 ‘‘(A) was not required to obtain such ad2 vance consent under this Act or any other Act; 

3 and 

4 ‘‘(B) had complied with all other laws and 

5 regulations governing the alien’s admission into 

6 the United States. 

7 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN8 DERLYING REMOVAL ORDER.—In a criminal proceeding 

9 under this section, an alien may not challenge the validity 

10 of a removal order described in subsection (a), (b), or (c) 

11 concerning the alien unless the alien demonstrates that— 

12 ‘‘(1) the alien exhausted any administrative 

13 remedies that may have been available to seek relief 

14 against the order; 

15 ‘‘(2) the deportation proceedings at which the 

16 order was issued improperly deprived the alien of the 

17 opportunity for judicial review; and 

18 ‘‘(3) the entry of the order was fundamentally 

19 unfair. 

20 ‘‘(g) REENTRY OF ALIEN REMOVED BEFORE THE

21 COMPLETION OF THE TERM OF IMPRISONMENT.—Any 

22 alien removed pursuant to section 241(a)(4) who enters, 

23 attempts to enter, crosses the border to, attempts to cross 

24 the border to, or is at any time found in, the United 

25 States— 


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1 ‘‘(1) shall be incarcerated for the remainder of 

2 the sentence of imprisonment that was pending at 

3 the time of deportation without any reduction for 

4 parole or supervised release unless the alien affirma5 tively demonstrates that the Secretary has expressly 

6 consented to the alien’s reentry (if a request for con7 sent to reapply is authorized under this section); and 

8 ‘‘(2) shall be subject to such other penalties re9 lating to the reentry of removed aliens as may be 

10 available under this section or any other provision of 

11 law. 

12 ‘‘(h) DEFINITIONS.—In this section: 

13 ‘‘(1) CROSSES THE BORDER.—The term 

14 ‘crosses the border’ refers to the physical act of 

15 crossing the border, regardless of whether the alien 

16 is free from official restraint. 

17 ‘‘(2) FELONY.—The term ‘felony’ means any 

18 criminal offense punishable by a term of imprison19 ment of more than 1 year under the laws of the 

20 United States, any State, or a foreign government. 

21 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

22 means any criminal offense punishable by a term of 

23 imprisonment of not more than 1 year under the ap24 plicable laws of the United States, any State, or a 

25 foreign government. 


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1 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

2 any denial of admission, deportation, or removal, or 

3 any agreement by which an alien stipulates or agrees 

4 to deportation, or removal. 

5 ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term 

6 ‘significant misdemeanor’ means a misdemeanor 

7 crime that— 

8 ‘‘(A) involves the use or attempted use of 

9 physical force, or threatened use of a deadly 

10 weapon, committed by a current or former 

11 spouse, parent, or guardian of the victim, by a 

12 person with whom the victim shares a child in 

13 common, by a person who is cohabiting with or 

14 has cohabited with the victim as a spouse, par15 ent, or guardian, or by a person similarly situ16 ated to a spouse, parent, or guardian of the vic17 tim; 

18 ‘‘(B) is a sexual assault (as such term is 

19 defined in section 40002(a)(29) of the Violent 

20 Crime Control and Law Enforcement Act of 

21 1994 (42 U.S.C. 13925(a)(29)); 

22 ‘‘(C) involved the unlawful possession of a 

23 firearm (as such term is defined in section 921 

24 of title 18, United States Code); 


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1 ‘‘(D) is a crime of violence (as defined in 

2 section 16 of title 18, United States Code); or 

3 ‘‘(E) is an offense under Federal, State, or 

4 Tribal law, that has, as an element, the use or 

5 attempted use of physical force or the threat6 ened use of physical force or a deadly weapon. 

7 ‘‘(6) STATE.—The term ‘State’ means a State 

8 of the United States, the District of Columbia, and 

9 any commonwealth, territory, or possession of the 

10 United States.’’. 

11 (c) EFFECTIVE DATE.—Section 276(a)(1), as 

12 amended by subsection (b), shall take effect on the date 

13 of the enactment of this Act and shall apply to any alien 

14 who, on or after such date of enactment— 

15 (1) has been denied admission, excluded, de16 ported, or removed or has departed the United 

17 States while an order of exclusion, deportation, or 

18 removal is outstanding; and 

19 (2) after such denial, exclusion, deportation or 

20 removal, enters, attempts to enter, crosses the bor21 der to, attempts to cross the border to, or is at any 

22 time found in, the United States, unless— 

23 (A) if the alien is seeking admission more 

24 than 10 years after the date of the alien’s last 

25 departure from the United States, the Secretary 


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1 of Homeland Security, before the alien’s re2 embarkation at a place outside the United 

3 States or the alien’s application for admission 

4 from a foreign contiguous territory, has ex5 pressly consented to such alien’s reapplying for 

6 admission; or 

7 (B) with respect to an alien previously de8 nied admission and removed, such alien estab9 lishes that the alien was not required to obtain 

10 such advance consent under the Immigration 

11 and Nationality Act (8 U.S.C. 1101 et seq.) or 

12 any other Act. 

13 SEC. 1407. LAUNDERING OF MONETARY INSTRUMENTS. 

14 Section 1956(c)(7)(D) of title 18, United States 

15 Code, is amended by inserting ‘‘section 1590 (relating to 

16 trafficking with respect to peonage, slavery, involuntary 

17 servitude, or forced labor),’’ after ‘‘section 1363 (relating 

18 to destruction of property within the special maritime and 

19 territorial jurisdiction),’’. 

20 SEC. 1408. FREEZING BANK ACCOUNTS OF INTERNATIONAL 

21 CRIMINAL ORGANIZATIONS AND MONEY 

22 LAUNDERERS. 

23 Section 981(b) of title 18, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(5)(A) If a person is arrested or charged in connec2 tion with an offense described in subparagraph (C) involv3 ing the movement of funds into or out of the United 

4 States, the Attorney General may apply to any Federal 

5 judge or magistrate judge in the district in which the ar6 rest is made or where the charges are filed for an ex parte 

7 order restraining any account held by the person arrested 

8 or charged for not more than 30 days. Such 30-day time 

9 period may be extended for good cause shown at a hearing 

10 conducted in the manner provided in rule 43(e) of the 

11 Federal Rules of Civil Procedure. The court may receive 

12 and consider evidence and information submitted by the 

13 Government that would be inadmissible under the Federal 

14 Rules of Evidence. 

15 ‘‘(B) The application for a restraining order under 

16 subparagraph (A) shall— 

17 ‘‘(i) identify the offense for which the person 

18 has been arrested or charged; 

19 ‘‘(ii) identify the location and description of the 

20 accounts to be restrained; and 

21 ‘‘(iii) state that the restraining order is needed 

22 to prevent the removal of the funds in the account 

23 by the person arrested or charged, or by others asso24 ciated with such person, during the time needed by 

25 the Government to conduct such investigation as 


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1 may be necessary to establish whether there is prob2 able cause to believe that the funds in the accounts 

3 are subject to forfeiture in connection with the com4 mission of any criminal offense. 

5 ‘‘(C) An offense described in this subparagraph is any 

6 offense for which forfeiture is authorized under this title, 

7 title 31, or the Controlled Substances Act (21 U.S.C. 801 

8 et seq.). 

9 ‘‘(D) For purposes of this section— 

10 ‘‘(i) the term ‘account’ includes any safe deposit 

11 box and any account (as defined in paragraphs (1) 

12 and (2) of section 5318A(e) of title 31, United 

13 States Code) at any financial institution; and 

14 ‘‘(ii) the term ‘account held by the person ar15 rested or charged’ includes an account held in the 

16 name of such person, and any account over which 

17 such person has effective control as a signatory or 

18 otherwise. 

19 ‘‘(E) A restraining order issued under this paragraph 

20 shall not be considered a ‘seizure’ for purposes of section 

21 983(a). 

22 ‘‘(F) A restraining order issued under this paragraph 

23 may be executed in any district in which the subject ac24 count is found, or transmitted to the central authority of 


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1 any foreign State for service in accordance with any treaty 

2 or other international agreement.’’. 

3 SEC. 1409. CRIMINAL PROCEEDS LAUNDERED THROUGH 

4 PREPAID ACCESS DEVICES, DIGITAL CUR5 RENCIES, OR OTHER SIMILAR INSTRUMENTS. 

6 (a) IN GENERAL.— 

7 (1) DEFINITIONS.— 

8 (A) ADDITION OF ISSUERS, REDEEMERS, 

9 AND CASHIERS OF PREPAID ACCESS DEVICES

10 AND DIGITAL CURRENCIES TO THE DEFINITION

11 OF FINANCIAL INSTITUTIONS.—Section 

12 5312(a)(2)(K) of title 31, United States Code, 

13 is amended to read as follows: 

14 ‘‘(K) an issuer, redeemer, or cashier of 

15 travelers’ checks, checks, money orders, prepaid 

16 access devices, digital currencies, or any digital 

17 exchanger or tumbler of digital currency;’’. 

18 (B) ADDITION OF PREPAID ACCESS DE19 VICES TO THE DEFINITION OF MONETARY IN20 STRUMENTS.—Section 5312(a)(3)(B) of such 

21 title is amended by inserting ‘‘prepaid access 

22 devices,’’ after ‘‘delivery,’’. 

23 (C) DEFINITION OF PREPAID ACCESS DE24 VICE.—Section 5312 of such title is amended— 


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1 (i) by redesignating paragraph (6) as 

2 paragraph (7); and 

3 (ii) by inserting after paragraph (5) 

4 the following: 

5 ‘‘(6) ‘prepaid access device’ means an electronic 

6 device or vehicle, such as a card, plate, code, num7 ber, electronic serial number, mobile identification 

8 number, personal identification number, or other in9 strument that provides a portal to funds or the value 

10 of funds that have been paid in advance and can be 

11 retrievable and transferable at some point in the fu12 ture.’’. 

13 (2) GAO REPORT.—Not later than 18 months 

14 after the date of the enactment of this Act, the 

15 Comptroller General of the United States shall sub16 mit a report to Congress that describes— 

17 (A) the impact of amendments made by 

18 paragraph (1) on law enforcement, the prepaid 

19 access device industry, and consumers; and 

20 (B) the implementation and enforcement 

21 by the Department of the Treasury of the final 

22 rule relating to ‘‘Bank Secrecy Act Regula23 tions—Definitions and Other Regulations Re24 lating to Prepaid Access’’ (76 Fed. Reg. 45403 

25 (July 29, 2011)). 


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1 (b) CUSTOMS AND BORDER PROTECTION STRATEGY

2 FOR PREPAID ACCESS DEVICES.—Not later than 18 

3 months after the date of the enactment of this Act, the 

4 Secretary of Homeland Security, in consultation with the 

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

6 shall submit a report to Congress that— 

7 (1) details a strategy to interdict and detect 

8 prepaid access devices, digital currencies, or other 

9 similar instruments, at border crossings and other 

10 ports of entry for the United States; and 

11 (2) includes an assessment of the infrastructure 

12 needed to carry out the strategy detailed pursuant 

13 to paragraph (1). 

14 (c) MONEY SMUGGLING THROUGH BLANK CHECKS

15 IN BEARER FORM.—Section 5316 of title 31, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT LEFT

19 BLANK.—For purposes of this section, a monetary instru20 ment in bearer form that has the amount left blank, such 

21 that the amount could be filled in by the bearer, shall be 

22 considered to have a value of more than $10,000 if the 

23 monetary instrument was drawn on an account that con24 tained or was intended to contain more than $10,000 at 

25 the time the monetary instrument was— 


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1 ‘‘(1) transported; or 

2 ‘‘(2) negotiated.’’. 

3 SEC. 1410. CLOSING THE LOOPHOLE ON DRUG CARTEL AS4 SOCIATES ENGAGED IN MONEY LAUNDERING. 

5 (a) INTENT TO CONCEAL OR DISGUISE.—Section 

6 1956(a) of title 18, United States Code, is amended— 

7 (1) in paragraph (1)(B), by striking ‘‘(B) know8 ing that’’ and all that follows through ‘‘Federal 

9 law,’’ and inserting the following: 

10 ‘‘(B) knowing that the transaction— 

11 ‘‘(i) conceals or disguises, or is intended to 

12 conceal or disguise, the nature, source, location, 

13 ownership, or control of the proceeds of some 

14 form of unlawful activity; or 

15 ‘‘(ii) avoids, or is intended to avoid, a 

16 transaction reporting requirement under State 

17 or Federal law,’’; and 

18 (2) in paragraph (2)(B), by striking ‘‘(B) know19 ing that’’ and all that follows through ‘‘Federal 

20 law,’’ and inserting the following: 

21 ‘‘(B) knowing that the monetary instrument or 

22 funds involved in the transportation, transmission, 

23 or transfer represent the proceeds of some form of 

24 unlawful activity, and knowing that such transpor25 tation, transmission, or transfer— 


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1 ‘‘(i) conceals or disguises, or is intended to 

2 conceal or disguise, the nature, source, location, 

3 ownership, or control of the proceeds of some 

4 form of unlawful activity; or 

5 ‘‘(ii) avoids, or is intended to avoid, a 

6 transaction reporting requirement under State 

7 or Federal law,’’. 

8 (b) PROCEEDS OF A FELONY.—Section 1956(c)(1) of 

9 such title is amended by inserting ‘‘, and regardless of 

10 whether the person knew that the activity constituted a 

11 felony’’ before the semicolon at the end. 

12 Subtitle E—Protecting National 

13 Security and Public Safety 

14 CHAPTER 1—GENERAL MATTERS 

15 SEC. 1501. DEFINITIONS OF ENGAGE IN TERRORIST ACTIV16 ITY AND TERRORIST ORGANIZATION. 

17 (a) DEFINITION OF ENGAGE IN TERRORIST ACTIV18 ITY.—Section 212(a)(3)(B)(iv)(I) of the Immigration and 

19 Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)(I)) is amend20 ed to read as follows: 

21 ‘‘(I) to commit a terrorist activity 

22 or, under circumstances indicating an 

23 intention to cause death, serious bod24 ily harm, or substantial damage to 


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1 property, to incite another person to 

2 commit a terrorist activity;’’. 

3 (b) DEFINITION OF TERRORIST ORGANIZATION.— 

4 Section 212(a)(3)(B)(vi)(III) of the Immigration and Na5 tionality Act (8 U.S.C. 1182(a)(3)(B)(vi)(III)) is amended 

6 to read as follows: 

7 ‘‘(III) that is a group of 2 or 

8 more individuals, whether organized 

9 or not, which engages in, or has a 

10 subgroup that engages in, the activi11 ties described in subclauses (I) 

12 through (VI) of clause (iv), if the 

13 group or subgroup presents a threat 

14 to the national security of the United 

15 States.’’. 

16 SEC. 1502. TERRORIST GROUNDS OF INADMISSIBILITY. 

17 (a) SECURITY AND RELATED GROUNDS.—Section 

18 212(a)(3)(A) of the Immigration and Nationality Act (8 

19 U.S.C. 1182(a)(3)(A)) is amended to read as follows: 

20 ‘‘(A) IN GENERAL.—Any alien who a con21 sular officer, the Attorney General, or the Sec22 retary knows, or has reasonable ground to be23 lieve, seeks to enter the United States to en24 gage solely, principally, or incidentally, in, or 

25 who is engaged in, or with respect to clauses (i) 


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1 and (iii) has engaged in within the previous 5 

2 years— 

3 ‘‘(i) any activity— 

4 ‘‘(I) to violate any law of the 

5 United States relating to espionage or 

6 sabotage; or 

7 ‘‘(II) to violate or evade any law 

8 prohibiting the export from the 

9 United States of goods, technology, or 

10 sensitive information; 

11 ‘‘(ii) any other activity which would be 

12 unlawful if committed in the United 

13 States; or 

14 ‘‘(iii) any activity a purpose of which 

15 is the opposition to, or the control or over16 throw of, the Government of the United 

17 States by force, violence, or other unlawful 

18 means, 

19 is inadmissible.’’. 

20 (b) TERRORIST ACTIVITIES.—Section 

21 212(a)(3)(B)(i) of the Immigration and Nationality Act 

22 (8 U.S.C. 1182(a)(3)(B)(i)) is amended— 

23 (1) in subclause (IV), by inserting ‘‘or has 

24 been’’ before ‘‘a representative’’; 


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1 (2) in subclause (V), by inserting ‘‘or has been’’ 

2 before ‘‘a member’’; 

3 (3) in subclause (VI), by inserting ‘‘or has 

4 been’’ before ‘‘a member’’; 

5 (4) by amending subclause (VII) to read as fol6 lows: 

7 ‘‘(VII) endorses or espouses, or 

8 has endorsed or espoused, terrorist 

9 activity or persuades or has persuaded 

10 others to endorse or espouse terrorist 

11 activity or support a terrorist organi12 zation;’’; 

13 (5) by amending subclause (IX) to read as fol14 lows: 

15 ‘‘(IX) is the spouse or child of an 

16 alien who is inadmissible under this 

17 subparagraph if— 

18 ‘‘(aa) the activity causing 

19 the alien to be found inadmissible 

20 occurred within the last 5 years; 

21 and 

22 ‘‘(bb)(AA) the spouse or 

23 child knew, or should reasonably 

24 have known, of the activity causVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 ing the alien to be found inad2 missible under this section; and 

3 ‘‘(BB) the consular officer 

4 or Attorney General does not 

5 have reasonable grounds to be6 lieve that the spouse or child has 

7 renounced the activity causing 

8 the alien to be found inadmissible 

9 under this section.’’; and 

10 (6) by striking the undesignated matter fol11 lowing subclause (IX). 

12 (c) PALESTINE LIBERATION ORGANIZATION.—Sec13 tion 212(a)(3)(B) of the Immigration and Nationality Act 

14 (8 U.S.C. 1182(a)(3)(B)), is amended by adding at the 

15 end the following: 

16 ‘‘(vii) PALESTINE LIBERATION ORGA17 NIZATION.—An alien who is an officer, of18 ficial, representative, or spokesman of the 

19 Palestine Liberation Organization is con20 sidered, for purposes of this Act, to be en21 gaged in terrorist activity.’’. 

22 SEC. 1503. EXPEDITED REMOVAL FOR ALIENS INADMIS23 SIBLE ON CRIMINAL OR SECURITY GROUNDS. 

24 (a) IN GENERAL.—Section 238 of the Immigration 

25 and Nationality Act (8 U.S.C. 1228) is amended— 


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1 (1) in the section heading, by adding at the end 

2 the following: ‘‘OR WHO ARE SUBJECT TO TER3 RORISM-RELATED GROUNDS FOR REMOVAL’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

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

7 and inserting ‘‘Secretary, in the exercise of 

8 discretion,’’; and 

9 (ii) by striking ‘‘set forth in this sub10 section or’’ and inserting ‘‘set forth in this 

11 subsection, in lieu of removal proceedings 

12 under’’; 

13 (B) in paragraphs (3) and (4), by striking 

14 ‘‘Attorney General’’ each place that term ap15 pears and inserting ‘‘Secretary’’; 

16 (C) in paragraph (5)— 

17 (i) by striking ‘‘described in this sec18 tion’’ and inserting ‘‘described in para19 graph (1) or (2)’’; and 

20 (ii) by striking ‘‘the Attorney General 

21 may grant in the Attorney General’s dis22 cretion.’’ and inserting ‘‘the Secretary or 

23 the Attorney General may grant, in the 

24 discretion of the Secretary or the Attorney 

25 General, in any proceeding.’’; 


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1 (D) by redesignating paragraphs (3), (4), 

2 and (5) as paragraphs (4), (5), and (6) respec3 tively; and 

4 (E) by inserting after paragraph (2) the 

5 following: 

6 ‘‘(3) The Secretary, in the exercise of discre7 tion, may determine inadmissibility under section 

8 212(a)(2) and issue an order of removal pursuant to 

9 the procedures set forth in this subsection, in lieu of 

10 removal proceedings under section 240, with respect 

11 to an alien who— 

12 ‘‘(A) has not been admitted or paroled; 

13 ‘‘(B) has not been found to have a credible 

14 fear of persecution pursuant to the procedures 

15 set forth in 235(b)(1)(B); and 

16 ‘‘(C) is not eligible for a waiver of inadmis17 sibility or relief from removal.’’; 

18 (3) by redesignating the first subsection (c) as 

19 subsection (d); 

20 (4) by redesignating the second subsection (c), 

21 as so designated by section 617(b)(13) of the Illegal 

22 Immigration Reform and Immigrant Responsibility 

23 Act of 1996 (division C of Public Law 104–208; 110 

24 Stat. 3009–720)), as subsection (e); and 


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1 (5) by inserting after subsection (b) the fol2 lowing: 

3 ‘‘(c) REMOVAL OF ALIENS WHO ARE SUBJECT TO

4 TERRORISM-RELATED GROUNDS FOR REMOVAL.— 

5 ‘‘(1) IN GENERAL.—The Secretary— 

6 ‘‘(A) notwithstanding section 240, shall— 

7 ‘‘(i) determine the inadmissibility of 

8 every alien under subclause (I), (II), or 

9 (III) of section 212(a)(3)(B)(i), or the de10 portability of the alien under section 

11 237(a)(4)(B) as a consequence of being de12 scribed in 1 of such subclauses; and 

13 ‘‘(ii) issue an order of removal pursu14 ant to the procedures set forth in this sub15 section to every alien determined to be in16 admissible or deportable on a ground de17 scribed in clause (i); and 

18 ‘‘(B) may— 

19 ‘‘(i) determine the inadmissibility of 

20 any alien under subparagraph (A) or (B) 

21 of section 212(a)(3) (other than subclauses 

22 (I), (II), and (III) of section 

23 212(a)(3)(B)), or the deportability of the 

24 alien under subparagraph (A) or (B) of 

25 section 237(a)(4) (as a consequence of 


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1 being described in subclause (I), (II), or 

2 (III) of section 212(a)(3)(B)); and 

3 ‘‘(ii) issue an order of removal pursu4 ant to the procedures set forth in this sub5 section to every alien determined to be in6 admissible or deportable on a ground de7 scribed in clause (i). 

8 ‘‘(2) LIMITATION.—The Secretary may not exe9 cute any order described in paragraph (1) until 30 

10 days after the date on which such order was issued, 

11 unless waived by the alien, to give the alien an op12 portunity to petition for judicial review under section 

13 242. 

14 ‘‘(3) PROCEEDINGS.—The Secretary shall pre15 scribe regulations to govern proceedings under this 

16 subsection, which shall require that— 

17 ‘‘(A) the alien is given reasonable notice of 

18 the charges and of the opportunity described in 

19 subparagraph (C); 

20 ‘‘(B) the alien has the privilege of being 

21 represented (at no expense to the Government) 

22 by such counsel, authorized to practice in such 

23 proceedings, as the alien shall choose; 


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1 ‘‘(C) the alien has a reasonable oppor2 tunity to inspect the evidence and rebut the 

3 charges; 

4 ‘‘(D) a determination is made on the 

5 record that the individual upon whom the notice 

6 for the proceeding under this section is served 

7 (either in person or by mail) is, in fact, the 

8 alien named in such notice; 

9 ‘‘(E) a record is maintained for judicial re10 view; and 

11 ‘‘(F) the final order of removal is not adju12 dicated by the same person who issues the 

13 charges. 

14 ‘‘(4) LIMITATION ON RELIEF FROM RE15 MOVAL.—No alien described in this subsection shall 

16 be eligible for any relief from removal that the Sec17 retary may grant in the Secretary’s discretion.’’. 

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

19 of the Immigration and Nationality Act (8 U.S.C. 1101 

20 et seq.) is amended by striking the item relating to section 

21 238 and inserting the following: 

‘‘Sec. 238. Expedited removal of aliens convicted of aggravated felonies or who 

are subject to terrorism-related grounds for removal.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on the date of the enactment 

24 of this Act and shall not apply to aliens who are in removal 


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1 proceedings under section 240 of the Immigration and Na2 tionality Act (8 U.S.C. 1229a) on such date of enactment. 

3 SEC. 1504. DETENTION OF REMOVABLE ALIENS. 

4 (a) CRIMINAL ALIEN ENFORCEMENT PARTNER5 SHIPS.—Section 287 of the Immigration and Nationality 

6 Act (8 U.S.C. 1357), as amended by section 1123, is fur7 ther amended by inserting after subsection (h) the fol8 lowing: 

9 ‘‘(i) CRIMINAL ALIEN ENFORCEMENT PARTNER10 SHIPS.— 

11 ‘‘(1) IN GENERAL.—The Secretary may enter 

12 into a written agreement with a State, or with any 

13 political subdivision of a State, to authorize the tem14 porary placement of 1 or more U.S. Customs and 

15 Border Protection agents or officers or U.S. Immi16 gration and Customs Enforcement agents or inves17 tigators at a local police department or precinct— 

18 ‘‘(A) to determine the immigration status 

19 of any individual arrested by a State, county, or 

20 local police, enforcement, or peace officer for 

21 any criminal offense; 

22 ‘‘(B) to issue charging documents and no23 tices related to the initiation of removal pro24 ceedings or reinstatement of prior removal or25 ders under section 241(a)(5); 


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1 ‘‘(C) to enter information directly into the 

2 National Crime Information Center (NCIC) 

3 database, Immigration Violator File, includ4 ing— 

5 ‘‘(i) the alien’s address; 

6 ‘‘(ii) the reason for the arrest; 

7 ‘‘(iii) the legal cite of the State law 

8 violated or for which the alien is charged; 

9 ‘‘(iv) the alien’s driver’s license num10 ber and State of issuance, if the alien has 

11 a driver’s license; 

12 ‘‘(v) any other identification document 

13 held by the alien and issuing entity for 

14 such identification documents; and 

15 ‘‘(vi) any identifying marks, such as 

16 tattoos, birthmarks, and scars; 

17 ‘‘(D) to collect the alien’s biometrics, in18 cluding iris, fingerprint, photographs, and sig19 nature, of the alien and to enter such informa20 tion into the Automated Biometric Identifica21 tion System (IDENT) and any other Depart22 ment of Homeland Security database author23 ized for storage of biometric information for 

24 aliens; and 


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1 ‘‘(E) to make advance arrangements for 

2 the immediate transfer from State to Federal 

3 custody of any criminal when the alien is re4 leased, without regard to whether the alien is 

5 released on parole, supervised release, or proba6 tion, and without regard to whether alien may 

7 be arrested imprisoned again for the same of8 fense. 

9 ‘‘(2) LENGTH OF TEMPORARY DUTY ASSIGN10 MENTS.—The initial period for a temporary duty as11 signment authorized under this paragraph shall be 1 

12 year. The temporary duty assignment may be ex13 tended for additional periods of time as agreed to by 

14 the Secretary and the State or political subdivision 

15 of the State to ensure continuity of cooperation and 

16 coverage. 

17 ‘‘(3) TECHNOLOGY USAGE.—The Secretary 

18 shall provide U.S. Customs and Border Protection 

19 and U.S. Immigration and Customs Enforcement 

20 agents, officers, and investigators on a temporary 

21 duty assignment under this paragraph mobile access 

22 to Federal databases containing alien information, 

23 live scan technology for collection of biometrics, and 

24 video-conferencing capability for use at local police 

25 departments or precincts in remote locations. 


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1 ‘‘(4) REPORT.—Not later than 1 year after the 

2 date of the enactment of the Strong Visa Integrity 

3 Secures America Act, the Secretary shall submit a 

4 report to the Committee on the Judiciary of the 

5 Senate, the Committee on Homeland Security and 

6 Governmental Affairs of the Senate, the Committee 

7 on the Judiciary of the House of Representatives, 

8 and the Committee on Homeland Security of the 

9 House of Representatives that identifies— 

10 ‘‘(A) the number of States that have en11 tered into an agreement under this subsection; 

12 ‘‘(B) the number of criminal aliens proc13 essed by the U.S. Customs and Border Protec14 tion agent or officer or U.S. Immigration and 

15 Customs Enforcement agent or investigator 

16 during the temporary duty assignment; and 

17 ‘‘(C) the number of criminal aliens trans18 ferred from State to Federal custody during the 

19 agreement period.’’. 

20 (b) DETENTION, RELEASE, AND REMOVAL OF

21 ALIENS ORDERED REMOVED.— 

22 (1) REMOVAL PERIOD.— 

23 (A) IN GENERAL.—Section 241(a)(1)(A) of 

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


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1 1231(a)(1)(A)) is amended by striking ‘‘Attor2 ney General’’ and inserting ‘‘Secretary’’. 

3 (B) BEGINNING OF PERIOD.—Section 

4 241(a)(1)(B) of such Act (8 U.S.C. 

5 1231(a)(1)(B)) is amended to read as follows: 

6 ‘‘(B) BEGINNING OF PERIOD.— 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii), the removal period begins on the date 

9 that is the latest of the following: 

10 ‘‘(I) If a court, the Board of Im11 migration Appeals, or an immigration 

12 judge orders a stay of the removal of 

13 the alien, the date on which the stay 

14 of removal ends. 

15 ‘‘(II) If the alien is ordered re16 moved, the date pursuant to an ad17 ministratively final removal order and 

18 the Secretary takes the alien into cus19 tody for removal. 

20 ‘‘(III) If the alien is detained or 

21 confined (except under an immigra22 tion process), the date on which the 

23 alien is released from detention or 

24 confinement. 


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1 ‘‘(ii) BEGINNING OF REMOVAL PERIOD

2 FOLLOWING A TRANSFER OF CUSTODY.—If 

3 the Secretary transfers custody of the alien 

4 pursuant to law to another Federal agency 

5 or to an agency of a State or local govern6 ment in connection with the official duties 

7 of such agency, the removal period for the 

8 alien— 

9 ‘‘(I) shall be tolled; and 

10 ‘‘(II) shall resume on the date on 

11 which the alien is returned to the cus12 tody of the Secretary.’’. 

13 (C) SUSPENSION OF PERIOD.—Section 

14 241(a)(1)(C) of such Act (8 U.S.C. 

15 1231(a)(1)(C)) is amended to read as follows: 

16 ‘‘(C) SUSPENSION OF PERIOD.—The re17 moval period shall be extended beyond a period 

18 of 90 days and the alien may remain in deten19 tion during such extended period if the alien— 

20 ‘‘(i) fails or refuses to make all rea21 sonable efforts to comply with the order of 

22 removal or to fully cooperate with the ef23 forts of the Secretary to establish the 

24 alien’s identity and carry out the order of 

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1 tion in good faith for travel or other docu2 ments necessary to the alien’s departure; 

3 or 

4 ‘‘(ii) conspires or acts to prevent the 

5 alien’s removal subject to an order of re6 moval.’’. 

7 (2) DETENTION.—Section 241(a)(2) of the Im8 migration and Nationality Act (8 U.S.C. 1231(a)(2)) 

9 is amended— 

10 (A) by inserting ‘‘(A)’’ before ‘‘During’’; 

11 (B) by striking ‘‘Attorney General’’ and in12 serting ‘‘Secretary’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(B) DURING A PENDENCY OF A STAY.— 

15 If a court, the Board of Immigration Appeals, 

16 or an immigration judge orders a stay of re17 moval of an alien who is subject to an order of 

18 removal, the Secretary, in the Secretary’s sole 

19 and unreviewable exercise of discretion, and 

20 notwithstanding any provision of law, including 

21 section 2241 of title 28, United States Code, 

22 may detain the alien during the pendency of 

23 such stay of removal.’’. 


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1 (3) SUSPENSION AFTER 90-DAY PERIOD.—Sec2 tion 241(a)(3) of the Immigration and Nationality 

3 Act (8 U.S.C. 1231(a)(3)) is amended— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘Attorney General’’ and insert6 ing ‘‘Secretary’’; 

7 (B) in subparagraph (C), by striking ‘‘At8 torney General’’ and inserting ‘‘Secretary’’; and 

9 (C) by amending subparagraph (D) to read 

10 as follows: 

11 ‘‘(D) to obey reasonable restrictions on the 

12 alien’s conduct or activities, or to perform af13 firmative acts, that the Secretary prescribes for 

14 the alien, in order to prevent the alien from ab15 sconding, for the protection of the community, 

16 or for other purposes related to the enforcement 

17 of the immigration laws.’’. 

18 (4) ALIENS IMPRISONED, ARRESTED, OR ON PA19 ROLE, SUPERVISED RELEASE, OR PROBATION.—Sec20 tion 241(a)(4) of the Immigration and Nationality 

21 Act (8 U.S.C. 1231(a)(4)) is amended— 

22 (A) in subparagraph (A), by striking ‘‘At23 torney General’’ and inserting ‘‘Secretary’’; and 

24 (B) in subparagraph (B)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘Attorney General’’ and insert3 ing ‘‘Secretary’’; 

4 (I) in clause (i), by striking ‘‘if 

5 the Attorney General’’ and inserting 

6 ‘‘if the Secretary’’; and 

7 (II) in clause (ii)(III), by striking 

8 ‘‘Attorney General’’ and inserting 

9 ‘‘Secretary’’. 

10 (5) REINSTATEMENT OF REMOVAL ORDERS

11 AGAINST ALIENS ILLEGALLY REENTERING.— 

12 (A) IN GENERAL.—Section 241(a)(5) of 

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

14 1231(a)(5)) is amended to read as follows: 

15 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

16 AGAINST ALIENS ILLEGALLY REENTERING.—If the 

17 Secretary determines that an alien has entered the 

18 United States illegally after having been removed, 

19 deported, or excluded or having departed voluntarily, 

20 under an order of removal, deportation, or exclusion, 

21 regardless of the date of the original order or the 

22 date of the illegal entry— 

23 ‘‘(A) the order of removal, deportation, or 

24 exclusion is reinstated from its original date 


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1 and is not subject to being reopened or reviewed 

2 notwithstanding section 242(a)(2)(D); 

3 ‘‘(B) the alien is not eligible and may not 

4 apply for any relief under this Act, regardless 

5 of the date on which an application or request 

6 for such relief may have been filed or made; 

7 ‘‘(C) the alien shall be removed under the 

8 order of removal, deportation, or exclusion at 

9 any time after the illegal entry; and 

10 ‘‘(D) reinstatement under subparagraph 

11 (A) shall not require proceedings under section 

12 240 or other proceedings before an immigration 

13 judge.’’. 

14 (B) JUDICIAL REVIEW.—Section 242 of 

15 such Act (8 U.S.C. 1252) is amended by adding 

16 at the end the following: 

17 ‘‘(h) JUDICIAL REVIEW OF DECISION TO

18 REINSTATE REMOVAL ORDER UNDER SECTION

19 241(A)(5).— 

20 ‘‘(1) REVIEW OF DECISION TO REIN21 STATE REMOVAL ORDER.—Judicial review 

22 of determinations under section 241(a)(5) 

23 is available in an action under subsection 

24 (a). 


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1 ‘‘(2) NO REVIEW OF ORIGINAL

2 ORDER.—Notwithstanding any other provi3 sion of law (statutory or nonstatutory), in4 cluding section 2241 of title 28, United 

5 States Code, any other habeas corpus pro6 vision, or sections 1361 and 1651 of such 

7 title, no court shall have jurisdiction to re8 view any cause or claim, arising from, or 

9 relating to, any challenge to the original 

10 order.’’. 

11 (C) EFFECTIVE DATE.—The amendments 

12 made by subparagraphs (A) and (B) shall take 

13 effect as if enacted on April 1, 1997 and shall 

14 apply to all orders reinstated or after that date 

15 by the Secretary of Homeland Security (or by 

16 the Attorney General before March 1, 2003), 

17 regardless of the date of the original order. 

18 (6) INADMISSIBLE OR CRIMINAL ALIENS.—Sec19 tion 241(a)(6) of the Immigration and Nationality 

20 Act (8 U.S.C. 1231(a)(6)) is amended— 

21 (A) by striking ‘‘Attorney General’’ and in22 serting ‘‘Secretary’’; and 

23 (B) by striking ‘‘removal period and, if re24 leased,’’ and inserting ‘‘removal period, in the 

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1 tions other than those specified in this section, 

2 until the alien is removed.’’. 

3 (7) PAROLE; ADDITIONAL RULES; JUDICIAL RE4 VIEW.—Section 241(a) of the Immigration and Na5 tionality Act (8 U.S.C. 1231(a)) is amended— 

6 (A) in paragraph (7), by striking ‘‘Attor7 ney General’’ and inserting ‘‘Secretary’’; 

8 (B) by redesignating paragraph (7) as 

9 paragraph (14); and 

10 (C) by inserting after paragraph (6) the 

11 following: 

12 ‘‘(7) PAROLE.—Except for aliens subject to de13 tention under paragraph (6) and aliens subject to 

14 detention under section 236(c), 236A, or 238, if an 

15 alien who is detained is an applicant for admission, 

16 the Secretary, in the Secretary’s discretion, may pa17 role the alien under section 212(d)(5) and may pro18 vide, notwithstanding section 212(d)(5), that the 

19 alien shall not be returned to custody unless either 

20 the alien violates the conditions of such parole or the 

21 alien’s removal becomes reasonably foreseeable, pro22 vided that in no circumstance shall such alien be 

23 considered admitted. 


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1 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

2 RELEASE OF CERTAIN ALIENS WHO WERE PRE3 VIOUSLY ADMITTED TO THE UNITED STATES.— 

4 ‘‘(A) APPLICATION.—The procedures set 

5 out under this paragraph— 

6 ‘‘(i) apply only to an alien who were 

7 previously admitted to the United States; 

8 and 

9 ‘‘(ii) do not apply to any other alien, 

10 including an alien detained pursuant to 

11 paragraph (6). 

12 ‘‘(B) ESTABLISHMENT OF A DETENTION

13 REVIEW PROCESS FOR ALIENS WHO FULLY CO14 OPERATE WITH REMOVAL.— 

15 ‘‘(i) REQUIREMENT TO ESTABLISH.— 

16 If an alien has made all reasonable efforts 

17 to comply with a removal order and to co18 operate fully with the efforts of the Sec19 retary to establish the alien’s identity and 

20 carry out the removal order, including 

21 making timely application in good faith for 

22 travel or other documents necessary to the 

23 alien’s departure, and has not conspired or 

24 acted to prevent removal, the Secretary 

25 shall establish an administrative review 


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1 process to determine whether the alien 

2 should be detained or released on condi3 tions. 

4 ‘‘(ii) DETERMINATIONS.—The Sec5 retary shall— 

6 ‘‘(I) make a determination 

7 whether to release an alien described 

8 in clause (i) after the end of the 

9 alien’s removal period; and 

10 ‘‘(II) in making a determination 

11 under subclause (I), consider any evi12 dence submitted by the alien, and may 

13 consider any other evidence, including 

14 any information or assistance pro15 vided by the Department of State or 

16 other Federal agency and any other 

17 information available to the Secretary 

18 pertaining to the ability to remove the 

19 alien. 

20 ‘‘(9) AUTHORITY TO DETAIN BEYOND THE RE21 MOVAL PERIOD.—The Secretary, in the exercise of 

22 discretion, without any limitations other than those 

23 specified in this section, may continue to detain an 

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1 ing any extension of the removal period as provided 

2 in subsection (a)(1)(C))— 

3 ‘‘(A) until the alien is removed, if the Sec4 retary determines that— 

5 ‘‘(i) there is a significant likelihood 

6 that the alien will be removed in the rea7 sonably foreseeable future; 

8 ‘‘(ii) the alien would be removed in 

9 the reasonably foreseeable future, or would 

10 have been removed, but for the alien’s fail11 ure or refusal to make all reasonable ef12 forts to comply with the removal order, or 

13 to cooperate fully with the Secretary’s ef14 forts to establish the alien’s identity and 

15 carry out the removal order, including 

16 making timely application in good faith for 

17 travel or other documents necessary to the 

18 alien’s departure, or conspiracies or acts to 

19 prevent removal; 

20 ‘‘(iii) the government of the foreign 

21 country of which the alien is a citizen, sub22 ject, national, or resident is denying or un23 reasonably delaying accepting the return of 

24 such alien after the Secretary asks whether 


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1 the government will accept an alien under 

2 section 243(d); or 

3 ‘‘(iv) the government of the foreign 

4 country of which the alien is a citizen, sub5 ject, national, or resident is refusing to 

6 issue any required travel or identity docu7 ments to allow such alien to return to that 

8 country; 

9 ‘‘(B) until the alien is removed, if the Sec10 retary certifies in writing— 

11 ‘‘(i) in consultation with the Secretary 

12 of Health and Human Services, that the 

13 alien has a highly contagious disease that 

14 poses a threat to public safety; 

15 ‘‘(ii) after receipt of a written rec16 ommendation from the Secretary of State, 

17 that release of the alien is likely to have 

18 serious adverse foreign policy consequences 

19 for the United States; 

20 ‘‘(iii) based on information available 

21 to the Secretary (including classified, sen22 sitive, or other information, and without 

23 regard to the grounds upon which the alien 

24 was ordered removed), that there is reason 

25 to believe that the release of the alien 


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1 would threaten the national security of the 

2 United States; or 

3 ‘‘(iv) that the release of the alien will 

4 threaten the safety of the community or 

5 any person, conditions of release cannot 

6 reasonably be expected to ensure the safety 

7 of the community or any person, and ei8 ther— 

9 ‘‘(I) the alien has been convicted 

10 of 1 or more aggravated felonies (as 

11 defined in section 101(a)(43)), 1 or 

12 more crimes identified by the Sec13 retary by regulation, or 1 or more at14 tempts or conspiracies to commit any 

15 such aggravated felonies or such iden16 tified crimes, provided that the aggre17 gate term of imprisonment for such 

18 attempts or conspiracies is at least 5 

19 years; or 

20 ‘‘(II) the alien has committed 1 

21 or more violent offenses (but not in22 cluding a purely political offense) and, 

23 because of a mental condition or per24 sonality disorder and behavior associ25 ated with that condition or disorder, 


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1 the alien is likely to engage in acts of 

2 violence in the future; or 

3 ‘‘(v) that the release of the alien will 

4 threaten the safety of the community or 

5 any person, conditions of release cannot 

6 reasonably be expected to ensure the safety 

7 of the community or any person, and the 

8 alien has been convicted of at least one ag9 gravated felony (as defined in section 

10 101(a)(43)); and 

11 ‘‘(C) pending a determination under sub12 paragraph (B), if the Secretary has initiated 

13 the administrative review process not later than 

14 30 days after the expiration of the removal pe15 riod (including any extension of the removal pe16 riod as provided in subsection (a)(1)(C)). 

17 ‘‘(10) RENEWAL AND DELEGATION OF CERTIFI18 CATION.— 

19 ‘‘(A) RENEWAL.—The Secretary may 

20 renew a certification under subparagraph 

21 (B)(ii) every 6 months without limitation, after 

22 providing an opportunity for the alien to re23 quest reconsideration of the certification and to 

24 submit documents or other evidence in support 

25 of that request. If the Secretary does not renew 


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1 a certification, the Secretary may not continue 

2 to detain the alien under paragraph (9)(B). 

3 ‘‘(B) DELEGATION.—Notwithstanding sec4 tion 103, the Secretary may not delegate the 

5 authority to make or renew a certification de6 scribed in clause (ii), (iii), or (iv) of subpara7 graph (9)(B) to an official below the level of the 

8 Director of U.S. Immigration and Customs En9 forcement. 

10 ‘‘(11) RELEASE ON CONDITIONS.—If the Sec11 retary determines that an alien should be released 

12 from detention, the Secretary, in the exercise of dis13 cretion, may impose conditions on release as pro14 vided in paragraph (3). 

15 ‘‘(12) REDETENTION.—The Secretary, in the 

16 exercise of discretion, without any limitations other 

17 than those specified in this section, may again de18 tain any alien subject to a final removal order who 

19 is released from custody if the alien fails to comply 

20 with the conditions of release or to continue to sat21 isfy the conditions described in subparagraph (8), or 

22 if, upon reconsideration, the Secretary determines 

23 that the alien can be detained under subparagraph 

24 (9). Paragraphs (6) through (14) shall apply to any 

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1 graph, as if the removal period terminated on the 

2 day of the redetention. 

3 ‘‘(13) CERTAIN ALIENS WHO EFFECTED

4 ENTRY.—If an alien has entered the United States, 

5 but has not been lawfully admitted nor physically 

6 present in the United States continuously for the 2- 

7 year period immediately preceding the commence8 ment of removal proceedings under this Act against 

9 the alien, the Secretary, in the exercise of discretion, 

10 may decide not to apply paragraph (8) and detain 

11 the alien without any limitations except those which 

12 the Secretary shall adopt by regulation. 

13 ‘‘(14) JUDICIAL REVIEW.—Without regard to 

14 the place of confinement, judicial review of any ac15 tion or decision pursuant to paragraph (6) through 

16 (14) shall be available exclusively in habeas corpus 

17 proceedings instituted in the United States District 

18 Court for the District of Columbia, and only if the 

19 alien has exhausted all administrative remedies 

20 (statutory and regulatory) available to the alien as 

21 of right.’’. 

22 (c) DETENTION OF ALIENS DURING REMOVAL PRO23 CEEDINGS.— 


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1 (1) IN GENERAL.—Section 235 of the Immigra2 tion and Nationality Act (8 U.S.C. 1225) is amend3 ed by adding at the end the following: 

4 ‘‘(e) LENGTH OF DETENTION.— 

5 ‘‘(1) IN GENERAL.—An alien may be detained 

6 under this section while proceedings are pending, 

7 without limitation, until the alien is subject to an 

8 administratively final order of removal. 

9 ‘‘(2) EFFECT ON DETENTION UNDER SECTION

10 241.—The length of detention under this section 

11 shall not affect the validity of any detention under 

12 section 241. 

13 ‘‘(f) JUDICIAL REVIEW.—Without regard to the place 

14 of confinement, judicial review of any action or decision 

15 made pursuant to subsection (e) shall be available exclu16 sively in a habeas corpus proceeding instituted in the 

17 United States District Court for the District of Columbia 

18 and only if the alien has exhausted all administrative rem19 edies (statutory and nonstatutory) available to the alien 

20 as of right.’’. 

21 (2) CONFORMING AMENDMENTS.—Section 236 

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

23 1226) is amended— 

24 (A) in subsection (e), by adding at the end 

25 the following: ‘‘Without regard to the place of 


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1 confinement, judicial review of any action or de2 cision made pursuant to section 235(f) shall be 

3 available exclusively in a habeas corpus pro4 ceeding instituted in the United States District 

5 Court for the District of Columbia, and only if 

6 the alien has exhausted all administrative rem7 edies (statutory and nonstatutory) available to 

8 the alien as of right.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(f) LENGTH OF DETENTION.— 

11 ‘‘(1) IN GENERAL.—An alien may be detained 

12 under this section, without limitation, until the alien 

13 is subject to an administratively final order of re14 moval. 

15 ‘‘(2) EFFECT ON DETENTION UNDER SECTION

16 241.—The length of detention under this section 

17 shall not affect the validity of any detention under 

18 section 241.’’. 

19 (d) ATTORNEY GENERAL’S DISCRETION IN DETER20 MINING COUNTRIES OF REMOVAL.—Section 241(b) of the 

21 Immigration and Nationality Act (8 U.S.C. 1231(b)) is 

22 amended— 

23 (1) in paragraph (1)(C)(iv), by striking the pe24 riod at the end and inserting ‘‘, or the Attorney 

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1 try is prejudicial to the interests of the United 

2 States.’’; 

3 (2) in paragraph (2)(E)(vii), by inserting ‘‘or 

4 the Attorney General decides that removing the alien 

5 to 1 or more of such countries is prejudicial to the 

6 interests of the United States,’’ after ‘‘this subpara7 graph,’’. 

8 (e) EFFECTIVE DATES AND APPLICATION.— 

9 (1) AMENDMENTS MADE BY SUBSECTION (B).— 

10 The amendments made by subsection (b) shall take 

11 effect on the date of the enactment of this Act. Sec12 tion 241 of the Immigration and Nationality Act, as 

13 amended by subsection (b), shall apply to— 

14 (A) all aliens subject to a final administra15 tive removal, deportation, or exclusion order 

16 that was issued before, on, or after the date of 

17 the enactment of this Act; and 

18 (B) acts and conditions occurring or exist19 ing before, on, or after the date of the enact20 ment of this Act. 

21 (2) AMENDMENTS MADE BY SUBSECTION (C).— 

22 The amendments made by subsection (c) shall take 

23 effect upon the date of the enactment of this Act. 

24 Sections 235 and 236 of the Immigration and Na25 tionality Act, as amended by subsection (c), shall 


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1 apply to any alien in detention under provisions of 

2 such sections on or after the date of the enactment 

3 of this Act. 

4 SEC. 1505. GAO STUDY ON DEATHS IN CUSTODY. 

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

6 of this Act, the Comptroller General of the United States 

7 shall submit a report to Congress on the deaths in custody 

8 of detainees held by the Department of Homeland Secu9 rity, which shall include, with respect to any such 

10 deaths— 

11 (1) whether any such deaths could have been 

12 prevented by the delivery of medical treatment ad13 ministered while the detainee is in the custody of the 

14 Department of Homeland Security; 

15 (2) whether Department practices and proce16 dures were properly followed and obeyed; 

17 (3) whether such practices and procedures are 

18 sufficient to protect the health and safety of such 

19 detainees; and 

20 (4) whether reports of such deaths were made 

21 to the Deaths in Custody Reporting Program. 

22 SEC. 1506. GAO STUDY ON MIGRANT DEATHS. 

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

24 of this Act, the Comptroller General of the United States 

25 shall submit, to the Committee on the Judiciary of the 


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1 Senate, the Committee on Homeland Security and Govern2 mental Affairs of the Senate, the Committee on the Judici3 ary of the House of Representatives, and the Committee 

4 on Homeland Security of the House of Representatives, 

5 a report that describes— 

6 (1) the total number of migrant deaths along 

7 the southern border during the previous 7 years; 

8 (2) the total number of unidentified deceased 

9 migrants found along the southern border in the 

10 previous 7 years; 

11 (3) the level of cooperation between U.S. Cus12 toms and Border Protection, State and local law en13 forcement agencies, foreign diplomatic and consular 

14 posts, nongovernmental organizations, and family 

15 members to accurately identify deceased individuals; 

16 (4) the use of DNA testing and sharing of such 

17 data between U.S. Customs and Border Protection, 

18 State and local law enforcement agencies, foreign 

19 diplomatic and consular posts, and nongovernmental 

20 organizations to accurately identify deceased individ21 uals; 

22 (5) the comparison of DNA data with informa23 tion on Federal, State, and local missing person reg24 istries; and 


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1 (6) the procedures and processes U.S. Customs 

2 and Border Protection has in place for notification 

3 of relevant authorities or family members after miss4 ing persons are identified through DNA testing. 

5 SEC. 1507. STATUTE OF LIMITATIONS FOR VISA, NATU6 RALIZATION, AND OTHER FRAUD OFFENSES 

7 INVOLVING WAR CRIMES OR HUMAN RIGHTS 

8 VIOLATIONS. 

9 (a) STATUTE OF LIMITATIONS FOR VISA FRAUD AND

10 OTHER OFFENSES.—Chapter 213 of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 3302. Fraud in connection with certain human 

14 rights violations or war crimes 

15 ‘‘(a) IN GENERAL.—No person shall be prosecuted, 

16 tried, or punished for violation of any provision of section 

17 1001, 1015, 1425, 1546, 1621, or 3291, or for attempt 

18 or conspiracy to violate any provision of such sections, if 

19 the fraudulent conduct, misrepresentation, concealment, 

20 or fraudulent, fictitious, or false statement concerns the 

21 alleged offender’s— 

22 ‘‘(1) participation, at any time, at any place, 

23 and irrespective of the nationality of the alleged of24 fender or any victim, in a human rights violation or 

25 war crime; or 


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1 ‘‘(2) membership in, service in, or authority 

2 over a military, paramilitary, or police organization 

3 that participated in such conduct during any part of 

4 any period in which the alleged offender was a mem5 ber of, served in, or had authority over the organiza6 tion, unless the indictment is found or the informa7 tion is instituted within 20 years after the commis8 sion of the offense. 

9 ‘‘(b) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘extrajudicial killing under color 

11 of foreign law’ means conduct described in section 

12 212(a)(3)(E)(iii) of the Immigration and Nationality 

13 Act (8 U.S.C. 1182(a)(3)(E)(iii)); 

14 ‘‘(2) the term ‘female genital mutilation’ means 

15 conduct described in section 116; 

16 ‘‘(3) the term ‘genocide’ means conduct de17 scribed in section 1091(a); 

18 ‘‘(4) the term ‘human rights violation or war 

19 crime’ means genocide, incitement to genocide, war 

20 crimes, torture, female genital mutilation, 

21 extrajudicial killing under color of foreign law, perse22 cution, particularly severe violation of religious free23 dom by a foreign government official, or the use or 

24 recruitment of child soldiers; 


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1 ‘‘(5) the term ‘incitement to genocide’ means 

2 conduct described in section 1091(c); 

3 ‘‘(6) the term ‘particularly severe violation of 

4 religious freedom’ means conduct described in sec5 tion (22 U.S.C. 6402(13)); 

6 ‘‘(7) the term ‘persecution’ means conduct that 

7 is a bar to relief under section 208(b)(2)(A)(i) of the 

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

9 1158(b)(2)(A)(i)); 

10 ‘‘(8) the term ‘torture’ means conduct described 

11 in paragraphs (1) and (2) of section 2340; 

12 ‘‘(9) the term ‘use or recruitment of child sol13 diers’ means conduct described in subsections (a) 

14 and (d) of section 2442; and 

15 ‘‘(10) the term ‘war crimes’ means conduct de16 scribed in subsections (c) and (d) of section 2441.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 for chapter 213 of title 18, United States Code, is amend19 ed by adding at the end the following: 

‘‘3302. Fraud in connection with certain human rights violations or war 

crimes.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to fraudulent conduct, misrepre22 sentations, concealments, and fraudulent, fictitious, or 

23 false statements made or committed before, on, or after 

24 the date of enactment of this Act. 


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1 SEC. 1508. CRIMINAL DETENTION OF ALIENS TO PROTECT 

2 PUBLIC SAFETY. 

3 (a) IN GENERAL.—Section 3142(e) of title 18, 

4 United States Code, is amended to read as follows: 

5 ‘‘(e) DETENTION.— 

6 ‘‘(1) IN GENERAL.—If, after a hearing pursu7 ant to the provisions of subsection (f), the judicial 

8 officer finds that no condition or combination of con9 ditions will reasonably assure the appearance of the 

10 person as required and the safety of any other per11 son and the community, such judicial officer shall 

12 order the detention of the person before trial. 

13 ‘‘(2) PRESUMPTION ARISING FROM OFFENSES

14 DESCRIBED IN SUBSECTION (F)(1).—In a case de15 scribed in subsection (f)(1) of this section, a rebutta16 ble presumption arises that no condition or combina17 tion of conditions will reasonably assure the safety 

18 of any other person and the community if such judi19 cial officer finds that— 

20 ‘‘(A) the person has been convicted of a 

21 Federal offense that is described in subsection 

22 (f)(1), or of a State or local offense that would 

23 have been an offense described in subsection 

24 (f)(1) if a circumstance giving rise to Federal 

25 jurisdiction had existed; 


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1 ‘‘(B) the offense described in subparagraph 

2 (A) was committed while the person was on re3 lease pending trial for a Federal, State, or local 

4 offense; and 

5 ‘‘(C) not more than 5 years has elapsed 

6 since the later of the date of conviction or the 

7 date of the release of the person from imprison8 ment, for the offense described in subparagraph 

9 (A). 

10 ‘‘(3) PRESUMPTION ARISING FROM OTHER OF11 FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE12 ARMS, VIOLENCE, OR MINORS.—Subject to rebuttal 

13 by the person, it shall be presumed that no condition 

14 or combination of conditions will reasonably assure 

15 the appearance of the person as required and the 

16 safety of the community if the judicial officer finds 

17 that there is probable cause to believe that the per18 son committed— 

19 ‘‘(A) an offense for which a maximum 

20 term of imprisonment of 10 years or more is 

21 prescribed in the Controlled Substances Act (21 

22 U.S.C. 801 et seq.), the Controlled Substances 

23 Import and Export Act (21 U.S.C. 951 et seq.), 

24 or chapter 705 of title 46; 


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1 ‘‘(B) an offense under section 924(c), 

2 956(a), or 2332b; 

3 ‘‘(C) an offense listed in section 

4 2332b(g)(5)(B) for which a maximum term of 

5 imprisonment of 10 years or more is prescribed; 

6 or 

7 ‘‘(D) an offense involving a minor victim 

8 under section 1201, 1591, 2241, 2242, 

9 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 

10 2252(a)(2), 2252(a)(3), 2252A(a)(1), 

11 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 

12 2421, 2422, 2423, or 2425. 

13 ‘‘(4) PRESUMPTION ARISING FROM OFFENSES

14 RELATING TO IMMIGRATION LAW.—Subject to rebut15 tal by the person, it shall be presumed that no con16 dition or combination of conditions will reasonably 

17 assure the appearance of the person as required if 

18 the judicial officer finds that there is probable cause 

19 to believe that the person is an alien and that the 

20 person— 

21 ‘‘(A) has no lawful immigration status in 

22 the United States; 

23 ‘‘(B) is the subject of a final order of re24 moval; or 


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1 ‘‘(C) has committed a felony offense under 

2 section 842(i)(5), 911, 922(g)(5), 1015, 1028, 

3 1028A, 1425, or 1426, or chapter 75 or 77, or 

4 section 243, 274, 275, 276, 277, or 278 of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1253, 1324, 1325, 1326, 1327, and 1328).’’. 

7 (b) IMMIGRATION STATUS AS FACTOR IN DETER8 MINING CONDITIONS OF RELEASE.—Section 3142(g)(3) 

9 of title 18, United States Code, is amended— 

10 (1) in subparagraph (A), by striking ‘‘and’’ at 

11 the end; and 

12 (2) by adding at the end the following: 

13 ‘‘(C) whether the person is in a lawful im14 migration status, has previously entered the 

15 United States illegally, has previously been re16 moved from the United States, or has otherwise 

17 violated the conditions of his or her lawful im18 migration status; and’’. 

19 SEC. 1509. RECRUITMENT OF PERSONS TO PARTICIPATE IN 

20 TERRORISM. 

21 (a) IN GENERAL.—Chapter 113B of title 18, United 

22 States Code, is amended by inserting after section 2332b 

23 the following: 


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1 ‘‘§ 2332c. Recruitment of persons to participate in ter2 rorism 

3 ‘‘(a) OFFENSES.— 

4 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

5 person to employ, solicit, induce, command, or cause 

6 another person to commit an act of domestic ter7 rorism or international terrorism or a Federal crime 

8 of terrorism, with the intent that the other person 

9 commit such act or crime of terrorism. 

10 ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be 

11 unlawful for any person to attempt or conspire to 

12 commit an offense under paragraph (1). 

13 ‘‘(b) PENALTIES.—Any person who violates sub14 section (a)— 

15 ‘‘(1) in the case of an attempt or conspiracy, 

16 shall be fined under this title, imprisoned not more 

17 than 10 years, or both; 

18 ‘‘(2) if death of an individual results, shall be 

19 fined under this title, punished by death or impris20 oned for any term of years or for life, or both; 

21 ‘‘(3) if serious bodily injury to any individual 

22 results, shall be fined under this title, imprisoned 

23 not less than 10 years nor more than 25 years, or 

24 both; and 

25 ‘‘(4) in any other case, shall be fined under this 

26 title, imprisoned not more than 10 years, or both. 


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1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed or applied to abridge the exercise 

3 of rights guaranteed under the First Amendment to the 

4 Constitution of the United States. 

5 ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT NOT

6 A DEFENSE.—It is not a defense under this section that 

7 the act of domestic terrorism or international terrorism 

8 or Federal crime of terrorism that is the object of the em9 ployment, solicitation, inducement, commanding, or caus10 ing has not been done. 

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

12 ‘‘(1) the term ‘Federal crime of terrorism’ has 

13 the meaning given that term in section 2332b; and 

14 ‘‘(2) the term ‘serious bodily injury’ has the 

15 meaning given that term in section 1365(h).’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 113B of title 18, United States Code, is 

18 amended by inserting after the item relating to section 

19 2332b the following: 

‘‘2332c. Recruitment of persons to participate in terrorism.’’. 

20 SEC. 1510. BARRING AND REMOVING PERSECUTORS, WAR 

21 CRIMINALS, AND PARTICIPANTS IN CRIMES 

22 AGAINST HUMANITY FROM THE UNITED 

23 STATES. 

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1 ITY.—Section 212(a)(3)(E) of the Immigration and Na2 tionality Act (8 U.S.C. 1182(a)(3)(E)) is amended— 

3 (1) by striking the subparagraph heading and 

4 inserting ‘‘PARTICIPANTS IN PERSECUTION (INCLUD5 ING NAZI PERSECUTIONS), GENOCIDE, WAR CRIMES, 

6 CRIMES AGAINST HUMANITY, OR THE COMMISSION

7 OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILL8 ING.—’’; 

9 (2) in clause (iii)(II)— 

10 (A) by striking ‘‘of any foreign nation’’ 

11 and inserting ‘‘(including acts taken as part of 

12 an armed group exercising de facto authority)’’; 

13 and 

14 (3) by adding after clause (iii) the following: 

15 ‘‘(iv) PERSECUTORS, WAR CRIMINALS, 

16 AND PARTICIPANTS IN CRIMES AGAINST

17 HUMANITY.—Any alien, including an alien 

18 who is a superior commander, who com19 mitted, ordered, incited, assisted, or other20 wise participated in a war crime (as de21 fined in section 2441(c) of title 18, United 

22 States Code) a crime against humanity, or 

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1 bership in a particular social group, or po2 litical opinion, is inadmissible. 

3 ‘‘(v) CRIME AGAINST HUMANITY DE4 FINED.—In this subparagraph, the term 

5 ‘crime against humanity’ means conduct 

6 that is part of a widespread and systematic 

7 attack targeting any civilian population, 

8 with knowledge that the conduct was part 

9 of the attack or with the intent that the 

10 conduct be part of the attack— 

11 ‘‘(I) that, if such conduct oc12 curred in the United States or in the 

13 special maritime and territorial juris14 diction of the United States, would 

15 violate— 

16 ‘‘(aa) section 1111 of title 

17 18, United States Code (relating 

18 to murder); 

19 ‘‘(bb) section 1201(a) of 

20 such title (relating to kidnap21 ping); 

22 ‘‘(cc) section 1203(a) of 

23 such title 18 (relating to hostage 

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1 ception under subsection (b) of 

2 such section 1203; 

3 ‘‘(dd) section 1581(a) of 

4 such title (relating to peonage); 

5 ‘‘(ee) section 1583(a)(1) of 

6 such title (relating to kidnapping 

7 or carrying away individuals for 

8 involuntary servitude or slavery); 

9 ‘‘(ff) section 1584(a) of such 

10 title (relating to sale into invol11 untary servitude); 

12 ‘‘(gg) section 1589(a) of 

13 such title (relating to forced 

14 labor); 

15 ‘‘(hh) section 1590(a) of 

16 such title (relating to trafficking 

17 with respect to peonage, slavery, 

18 involuntary servitude, or forced 

19 labor); 

20 ‘‘(ii) section 1591(a) of such 

21 title (relating to sex trafficking of 

22 children or by force, fraud, or co23 ercion); 


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1 ‘‘(jj) section 2241(a) of such 

2 title (relating to aggravated sex3 ual abuse by force or threat); or 

4 ‘‘(kk) section 2242 of such 

5 title (relating to sexual abuse); 

6 ‘‘(II) that would constitute tor7 ture (as defined in section 2340(1) of 

8 title 18, United States Code); 

9 ‘‘(III) that would constitute cruel 

10 or inhuman treatment, as described in 

11 section 2441(d)(1)(B) of such title; 

12 ‘‘(IV) that would constitute per13 forming biological experiments, as de14 scribed in section 2441(d)(1)(C) of 

15 such title; 

16 ‘‘(V) that would constitute muti17 lation or maiming, as described in sec18 tion 2441(d)(1)(E) of such title; or 

19 ‘‘(VI) that would constitute in20 tentionally causing serious bodily in21 jury, as described in section 

22 2441(d)(1)(F) of such title. 

23 ‘‘(vi) SUPERIOR COMMANDER.—In 

24 this subparagraph— 


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1 ‘‘(I) the term ‘superior com2 mander’ means— 

3 ‘‘(aa) a military commander 

4 or a person with effective control 

5 of military forces or an armed 

6 group; 

7 ‘‘(bb) who knew or should 

8 have known that a subordinate or 

9 someone under his or her effec10 tive control is committing acts 

11 described in subsection (a), is 

12 about to commit such acts, or 

13 had committed such acts; and 

14 ‘‘(cc) who fails to take the 

15 necessary and reasonable meas16 ures to prevent such acts or, for 

17 acts that have been committed, 

18 to punish the perpetrators of 

19 such acts; 

20 ‘‘(II) the term ‘systematic’ means 

21 the commission of a series of acts fol22 lowing a regular pattern and occur23 ring in an organized, non-random 

24 manner; and 


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1 ‘‘(III) the term ‘widespread’ 

2 means a single, large scale act or a se3 ries of acts directed against a sub4 stantial number of victims.’’. 

5 (b) BARRING WAIVER OF INADMISSIBILITY FOR PER6 SECUTORS.—Section 212(d)(3)(A) of the Immigration and 

7 Nationality Act (8 U.S.C. 1182(d)(3)(A)) is amended by 

8 striking ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’ 

9 both places that term appears and inserting ‘‘and (3)(E)’’. 

10 (c) REMOVAL OF PERSECUTORS.—Section 

11 237(a)(4)(D) of the Immigration and Nationality Act (8 

12 U.S.C. 1227(a)(4)(D)) is amended— 

13 (1) in the subparagraph heading, by striking 

14 ‘‘NAZI’’ ; and 

15 (2) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or 

16 (iv)’’. 

17 (d) SEVERE VIOLATIONS OF RELIGIOUS FREE18 DOM.—Section 212(a)(2)(G) of the Immigration and Na19 tionality Act (8 U.S.C. 1182(a)(2)(G) is amended— 

20 (1) in the subparagraph heading, by striking 

21 ‘‘FOREIGN GOVERNMENT OFFICIALS’’ and inserting 

22 ‘‘ANY PERSONS’’; and 

23 (2) by striking ‘‘, while serving as a foreign 

24 government official,’’. 


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1 (e) BARRING PERSECUTORS FROM ESTABLISHING

2 GOOD MORAL CHARACTER.—Section 101(f) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(f)) is amend4 ed— 

5 (1) in paragraph (8), by striking ‘‘or’’ at the 

6 end; 

7 (2) in paragraph (9), by striking ‘‘killings) or 

8 212(a)(2)(G) (relating to severe violations of reli9 gious freedom).’’ and inserting ‘‘killings), 

10 212(a)(2)(G) (relating to severe violations of reli11 gious freedom), or 212(a)(3)(G) (relating to recruit12 ment and use of child soldiers);’’; and 

13 (3) by inserting after paragraph (9) the fol14 lowing: 

15 ‘‘(10) one who at any time committed, ordered, 

16 incited, assisted, or otherwise participated in the 

17 persecution of any person on account of race, reli18 gion, nationality, membership in a particular social 

19 group, or political opinion; or’’. 

20 (f) INCREASING CRIMINAL PENALTIES FOR ANYONE

21 WHO AIDS AND ABETS THE ENTRY OF A PERSECUTOR.— 

22 Section 277 of the Immigration and Nationality Act (8 

23 U.S.C. 1327) is amended by striking ‘‘(other than sub24 paragraph (E) thereof)’’. 


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1 (g) INCREASING CRIMINAL PENALTIES FOR FEMALE

2 GENITAL MUTILATION.—Section 116 of title 18, United 

3 States Code, is amended— 

4 (1) in subsection (a), by striking ‘‘shall be fined 

5 under this title or imprisoned not more than 5 years, 

6 or both’’ and inserting ‘‘has engaged in a violent 

7 crime against children under section 3559(f)(3), 

8 shall be imprisoned for life or for 10 years or 

9 longer’’; and 

10 (2) in subsection (d), by striking ‘‘shall be fined 

11 under this title or imprisoned not more than 5 years, 

12 or both.’’ and inserting ‘‘shall be imprisoned for life 

13 or for 10 years or longer.’’. 

14 (h) MATERIAL SUPPORT IN THE RECRUITMENT OR

15 USE OF CHILD SOLDIERS.— 

16 (1) INADMISSIBILITY.—Section 212(a)(3)(G) of 

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

18 1182(a)(3)(G)) is amended— 

19 (A) by striking ‘‘section 2442’’ and insert20 ing ‘‘section 2442(a)’’; and 

21 (B) by inserting ‘‘or has provided material 

22 support in the recruitment or use of child sol23 diers in violation of section 2339A of such title 

24 18,’’ after ‘‘Code,’’. 


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1 (2) DEPORTABILITY.—Section 237(a)(4)(F) of 

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

3 1227(a)(4)(F)) is amended by inserting ‘‘or has pro4 vided material support in the recruitment or use of 

5 child soldiers in violation of section 2339A of title 

6 18,’’after ‘‘Code,’’. 

7 (i) TECHNICAL AMENDMENTS.—The Immigration 

8 and Nationality Act (8 U.S.C. 1101 et seq.) is amended— 

9 (1) in section 101(a)(42) (8 U.S.C. 

10 1101(a)(42)), by inserting ‘‘committed,’’ before ‘‘or11 dered’’; 

12 (2) in section 208(b)(2)(A)(i) (8 U.S.C. 

13 1158(b)(2)(A)(i)), by inserting ‘‘committed,’’ before 

14 ‘‘ordered’’; and 

15 (3) in section 241(b)(3)(B)(i) (8 U.S.C. 

16 1231(b)(3)(B)(i)), by inserting ‘‘committed,’’ before 

17 ‘‘ordered’’. 

18 (j) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to any offense committed before, 

20 on, or after the date of enactment of this Act. 

21 SEC. 1511. GANG MEMBERSHIP, REMOVAL, AND INCREASED 

22 CRIMINAL PENALTIES RELATED TO GANG VI23 OLENCE. 

24 (a) DEFINITION OF CRIMINAL GANG.—Section 

25 101(a) of the Immigration and Nationality Act (8 U.S.C. 


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1 1101(a)) is amended by inserting after subparagraph (52) 

2 the following: 

3 ‘‘(53)(A) The term ‘criminal gang’ means any ongo4 ing group, club, organization, or association, inside or out5 side the United States, of 2 or more persons that— 

6 ‘‘(i) has, as 1 of its primary purposes, the com7 mission of 1 or more of the criminal offenses de8 scribed in subparagraph (B) and the members of 

9 which engage, or have engaged within the past 5 

10 years, in a continuing series of such offenses; or 

11 ‘‘(ii) has been designated as a criminal gang by 

12 the Secretary, in consultation with the Attorney 

13 General, as meeting the criteria set forth in clause 

14 (i). 

15 ‘‘(B) The offenses described in this subparagraph, 

16 whether in violation of Federal or State law or the law 

17 of a foreign country and regardless of whether the offenses 

18 occurred before, on, or after the date of the enactment 

19 of the Strong Visa Integrity Secures America Act, are the 

20 following: 

21 ‘‘(i) Any aggravated felony. 

22 ‘‘(ii) A felony drug offense (as defined in sec23 tion 102 of the Controlled Substances Act (21 

24 U.S.C. 802)). 


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1 ‘‘(iii) Any criminal offense described in section 

2 212 or 237. 

3 ‘‘(iv) An offense involving illicit trafficking in a 

4 controlled substance (as defined in section 102 of 

5 the Controlled Substances Act), including a drug 

6 trafficking crime (as defined in section 924(c) of 

7 title 18, United States Code). 

8 ‘‘(v) An offense under section 274 (relating to 

9 bringing in and harboring certain aliens), section 

10 277 (relating to aiding or assisting certain aliens to 

11 enter the United States), or section 278 (relating to 

12 importation of alien for immoral purpose). 

13 ‘‘(vi) Any offense under Federal, State, or Trib14 al law, that has, as an element of the offense, the 

15 use or attempted use of physical force or the threat16 ened use of physical force or a deadly weapon. 

17 ‘‘(vii) Any offense that has, as an element of 

18 the offense, the use, attempted use, or threatened 

19 use of any physical object to inflict or cause (either 

20 directly or indirectly) serious bodily injury, including 

21 an injury that may ultimately result in the death of 

22 a person. 

23 ‘‘(viii) An offense involving obstruction of jus24 tice, tampering with or retaliating against a witness, 

25 victim, or informant. 


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1 ‘‘(ix) Any conduct punishable under section 

2 1028 or 1029 of title 18, United States Code (relat3 ing to fraud and related activity in connection with 

4 identification documents or access devices), sections 

5 1581 through 1594 of such title (relating to peon6 age, slavery and trafficking in persons), section 

7 1952 of such title (relating to interstate and foreign 

8 travel or transportation in aid of racketeering enter9 prises), section 1956 of such title (relating to the 

10 laundering of monetary instruments), section 1957 

11 of such title (relating to engaging in monetary trans12 actions in property derived from specified unlawful 

13 activity), or sections 2312 through 2315 of such title 

14 (relating to interstate transportation of stolen motor 

15 vehicles or stolen property). 

16 ‘‘(x) A conspiracy to commit an offense de17 scribed in clauses (i) through (v). 

18 ‘‘(C) Notwithstanding any other provision of law (in19 cluding any effective date), a group, club, organization, 

20 or association shall be considered a criminal gang regard21 less of whether the conduct occurred before, on, or after 

22 the date of the enactment of the Strong Visa Integrity 

23 Secures America Act.’’. 


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1 (b) INADMISSIBILITY.—Section 212(a)(2) of the Im2 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

3 amended by adding at the end the following: 

4 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

5 GANGS.— 

6 ‘‘(i) IN GENERAL.—Any alien who a 

7 consular officer, the Secretary, or the At8 torney General knows or has reasonable 

9 ground to believe— 

10 ‘‘(I) to be or to have been a 

11 member of a criminal gang; or 

12 ‘‘(II) to have participated in the 

13 activities of a criminal gang, knowing 

14 or having reason to know that such 

15 activities will promote, further, aid, or 

16 support the illegal activity of the 

17 criminal gang, 

18 is inadmissible. 

19 ‘‘(ii) EXCEPTION.—Clause (i) shall 

20 not apply to an alien— 

21 ‘‘(I) who did not know, or should 

22 not reasonably have known, of the ac23 tivity causing the alien to be found in24 admissible under this section; or 


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1 ‘‘(II) whom the consular officer 

2 or the Attorney General has reason3 able grounds to believe has renounced 

4 the activity causing the alien to be 

5 found inadmissible under this sec6 tion..’’. 

7 (c) DEPORTABILITY.—Section 237(a)(2) of the Im8 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

9 amended by adding at the end the following: 

10 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

11 GANGS.— 

12 ‘‘(i) IN GENERAL.—Any alien who the 

13 Secretary or the Attorney General knows 

14 or has reason to believe— 

15 ‘‘(I) is or has been a member of 

16 a criminal gang; or 

17 ‘‘(II) has participated in the ac18 tivities of a criminal gang, knowing or 

19 having reason to know that such ac20 tivities will promote, further, aid, or 

21 support the illegal activity of the 

22 criminal gang, 

23 is deportable. 

24 ‘‘(ii) EXCEPTION.—Clause (i) shall 

25 not apply to an alien— 


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1 ‘‘(I) who did not know, or should 

2 not reasonably have known, of the ac3 tivity causing the alien to be found 

4 deportable under this section; or 

5 ‘‘(II) whom the consular or At6 torney General has reasonable 

7 grounds to believe has renounced the 

8 activity causing the alien to be found 

9 deportable under this section..’’. 

10 (d) DESIGNATION OF CRIMINAL GANGS.— 

11 (1) IN GENERAL.—Chapter 2 of title II of the 

12 Immigration and Nationality Act (8 U.S.C. 1181 et 

13 seq.) is amended by adding at the end the following: 

14 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. 

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

16 with the Attorney General, and the Secretary of State, 

17 may designate a group or association as a criminal gang 

18 if their conduct is described in section 101(a)(53) or if 

19 the group’s or association’s conduct poses a significant 

20 risk that threatens the security and the public safety of 

21 United States nationals or the national security, homeland 

22 security, foreign policy, or economy of the United States. 

23 ‘‘(b) EFFECTIVE DATE.—Designations under sub24 section (a) shall remain in effect until the designation is 

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1 torney General, and the Secretary of State, or is termi2 nated in accordance with Federal law.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents in the first section of the Immigration and Na5 tionality Act is amended by inserting after the item 

6 relating to section 219 the following: 

‘‘220. Designation of criminal gangs.’’ 

7 (e) ANNUAL REPORT ON DETENTION OF CRIMINAL

8 GANG MEMBERS.—Not later than March 1 of each year 

9 (beginning 1 year after the date of the enactment of this 

10 Act), the Secretary, after consultation with the heads of 

11 appropriate Federal agencies, shall submit a report to the 

12 Committee on Homeland Security and Governmental Af13 fairs of the Senate, the Committee on the Judiciary of the 

14 Senate, the Committee on Homeland Security of the 

15 House of Representatives, and the Committee on the Judi16 ciary of the House of Representatives on the number of 

17 aliens detained who are described in section 212(a)(2)(J) 

18 and section 237(a)(2)(G) of the Immigration and Nation19 ality Act (8 U.S.C. 1182(a)(2)(J) and 1227(a)(2)(G)), as 

20 added by subsections (b) and (c). 

21 (f) ASYLUM CLAIMS BASED ON GANG AFFILI22 ATION.— 

23 (1) INAPPLICABILITY OF RESTRICTION ON RE24 MOVAL TO CERTAIN COUNTRIES.—Section 

25 241(b)(3)(B) of the Immigration and Nationality 


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1 Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 

2 matter preceding clause (i), by inserting ‘‘who is de3 scribed in section 212(a)(2)(J)(i) or section 

4 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

5 (2) INELIGIBILITY FOR ASYLUM.—Section 

6 208(b)(2)(A) of the Immigration and Nationality 

7 Act (8 U.S.C. 1158(b)(2)(A)) is amended— 

8 (A) in clause (v), by striking ‘‘or’’ at the 

9 end; 

10 (B) by redesignating clause (vi) as clause 

11 (vii); 

12 (C) by inserting after clause (v) the fol13 lowing: 

14 ‘‘(vi) the alien is described in section 

15 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 

16 (relating to participation in criminal 

17 gangs); or’’; and 

18 (D) by amending clause (vii), as redesig19 nated, to read as follows: 

20 ‘‘(vii) the alien was firmly resettled in 

21 another country before arriving in the 

22 United States, which shall be considered 

23 evidence that the alien can live in such 

24 country (in any legal status) without fear 

25 of persecution.’’. 


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1 (g) CANCELLATION OF REMOVAL.—Section 240A(c) 

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

3 1229b(c)) is amended by adding at the end the following: 

4 ‘‘(7) An alien who is described in section 

5 212(a)(2)(J)(i) or section 237(a)(2)(G)(i)( relating 

6 to participation in criminal gangs).’’. 

7 (h) VOLUNTARY DEPARTURE.—Section 240B(c) of 

8 the Immigration and Nationality Act (8 U.S.C. 1229c(c)) 

9 is amended to read as follows: 

10 ‘‘(c) LIMITATION ON VOLUNTARY DEPARTURE.—The 

11 Attorney General shall not permit an alien to depart vol12 untarily under this section if the alien— 

13 ‘‘(1) was previously permitted to depart volun14 tarily after having been found inadmissible under 

15 section 212(a)(6)(A); or 

16 ‘‘(2) is described in section 212(a)(2)(J)(i) or 

17 237(a)(2)(G)(i)(relating to participation in criminal 

18 gangs).’’. 

19 (i) EFFECTIVE DATE AND APPLICATION.—The 

20 amendments made by this section shall take effect on the 

21 date of the enactment of this Act and shall apply to acts 

22 that occur before, on, or after the date of the enactment 

23 of this Act. 


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1 SEC. 1512. BARRING ALIENS WITH CONVICTIONS FOR DRIV2 ING UNDER THE INFLUENCE OR WHILE IN3 TOXICATED. 

4 (a) AGGRAVATED FELONY DRIVING WHILE INTOXI5 CATED.— 

6 (1) DEFINITIONS.—Section 101(a)(43) of the 

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

8 1101(a)(43)) is amended— 

9 (A) in subparagraph (T), by striking 

10 ‘‘and’’; 

11 (B) in subparagraph (U), by striking the 

12 period at the end and inserting ‘‘; and’’; and 

13 (C) by inserting after subparagraph (U) 

14 the following: 

15 ‘‘(V) a single conviction for driving while 

16 intoxicated (including a conviction for driving 

17 while under the influence of or impaired by al18 cohol or illicit drugs), when such impaired driv19 ing was the cause of the serious bodily injury 

20 or death of another person or a second or sub21 sequent conviction for driving while intoxicated 

22 (including a conviction for driving under the in23 fluence of or impaired by alcohol or illicit 

24 drugs), without regard to whether the convic25 tion is classified as a misdemeanor or felony 

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1 graph, the Secretary or the Attorney General 

2 are not required to prove the first conviction for 

3 driving while intoxicated (including a conviction 

4 for driving while under the influence of or im5 paired by alcohol or illicit drugs) as a predicate 

6 offense and need only make a factual deter7 mination that the alien was previously convicted 

8 for driving while intoxicated (including a convic9 tion for driving while under the influence of or 

10 impaired by alcohol or illicit drugs).’’. 

11 (2) EFFECTIVE DATE AND APPLICATION.—The 

12 amendments made by this section shall take effect 

13 on the date of the enactment of this Act and shall 

14 apply to any conviction entered on or after such 

15 date. 

16 (b) INADMISSIBILITY FOR DRIVING WHILE INTOXI17 CATED OR UNDER THE INFLUENCE.— 

18 (1) IN GENERAL.—Section 212(a)(2) of the Im19 migration and Nationality Act, as amended by sec20 tion 1511, is further amended by adding at the end 

21 the following: 

22 ‘‘(K) DRIVING WHILE INTOXICATED AND

23 UNLAWFULLY PRESENT IN THE UNITED

24 STATES.—An alien who is convicted of driving 

25 while intoxicated, driving under the influence, 


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1 or a similar violation of State law is inadmis2 sible.’’. 

3 (2) EFFECTIVE DATE AND APPLICATION.—The 

4 amendment made by paragraph (1) shall take effect 

5 on the date of the enactment of this Act and shall 

6 apply to any conviction entered on or after such 

7 date. 

8 (c) DEPORTATION FOR DRIVING WHILE INTOXI9 CATED OR UNDER THE INFLUENCE.— 

10 (1) IN GENERAL.—Section 237(a)(2) of the Im11 migration and Nationality Act, as amended by sec12 tion 1511, is further amended by adding at the end 

13 the following: 

14 ‘‘(H) DRIVING WHILE INTOXICATED AND

15 WHILE UNLAWFULLY PRESENT IN THE UNITED

16 STATES.—An alien who is convicted of driving 

17 while intoxicated, driving under the influence, 

18 or a similar violation of State law is deport19 able.’’. 

20 (2) APPLICATION.—The amendment made by 

21 paragraph (1) shall take effect on the date of the en22 actment of this Act and shall apply to any conviction 

23 entered on or after such date. 

24 (d) GOOD MORAL CHARACTER BAR FOR DUI OR

25 DWI CONVICTIONS.— 


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1 (1) IN GENERAL.—Section 101(f) of the Immi2 gration and Nationality Act, as amended by section 

3 1510, is further amended by inserting after para4 graph (1) the following: 

5 ‘‘(2) inadmissible under section 212(a)(2)(K) or 

6 deportable under section 237(a)(2)(H);’’. 

7 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) IN GENERAL.—Section 212(h) of the Immi9 gration and Nationality Act (8 U.S.C. 1182(h)) is 

10 amended— 

11 (A) by inserting ‘‘or the Secretary’’ after 

12 ‘‘the Attorney General’’ each place such term 

13 appears; and 

14 (B) in the matter preceding paragraph (1), 

15 by striking ‘‘and (E)’’ and inserting ‘‘(E), and 

16 (K)’’. 

17 (2) EFFECTIVE DATE; APPLICATION.—The 

18 amendments made by paragraph (1) shall take effect 

19 on the date of the enactment of this Act and apply 

20 to any conviction entered on or after such date. 


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1 SEC. 1513. BARRING AGGRAVATED FELONS, BORDER 

2 CHECKPOINT RUNNERS, AND SEX OFFEND3 ERS FROM ADMISSION TO THE UNITED 

4 STATES. 

5 (a) INADMISSIBILITY ON CRIMINAL AND RELATED

6 GROUNDS; WAIVERS.—Section 212 of the Immigration 

7 and Nationality Act (8 U.S.C. 1182) is amended— 

8 (1) in subsection (a)(2)— 

9 (A) in subparagraph (A)(i)— 

10 (i) in subclause (I), by striking ‘‘, or’’ 

11 and inserting a semicolon; 

12 (ii) in subclause (II), by striking the 

13 comma at the end and inserting ‘‘; or’’; 

14 and 

15 (iii) by inserting after subclause (II) 

16 the following: 

17 ‘‘(III) a violation of (or a con18 spiracy or attempt to violate) any 

19 statute relating to section 208 of the 

20 Social Security Act (42 U.S.C. 408) 

21 (relating to social security account 

22 numbers or social security cards) or 

23 section 1028 of title 18, United States 

24 Code (relating to fraud and related 

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1 tion documents, authentication fea2 tures, and information),’’; and 

3 (B) by inserting after subparagraph (K), 

4 as added by section 1512, the following: 

5 ‘‘(L) CITIZENSHIP FRAUD.—Any alien con6 victed of, or who admits having committed, or 

7 who admits committing acts which constitute 

8 the essential elements of, a violation of, or an 

9 attempt or a conspiracy to violate, subsection 

10 (a) or (b) of section 1425 of title 18, United 

11 States Code (relating to the procurement of 

12 citizenship or naturalization unlawfully), is in13 admissible. 

14 ‘‘(M) CERTAIN FIREARM OFFENSES.—Any 

15 alien who at any time has been convicted under 

16 any law of, admits having committed, or admits 

17 committing acts which constitute the essential 

18 elements of, any law relating to, purchasing, 

19 selling, offering for sale, exchanging, using, 

20 owning, possessing, or carrying, or of attempt21 ing or conspiring to purchase, sell, offer for 

22 sale, exchange, use, own, possess, or carry, any 

23 weapon, part, or accessory which is a firearm or 

24 destructive device (as defined in section 921(a) 


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1 of title 18, United States Code) in violation of 

2 any law, is inadmissible. 

3 ‘‘(N) AGGRAVATED FELONS.—Any alien 

4 who has been convicted of an aggravated felony 

5 at any time is inadmissible. 

6 ‘‘(O) HIGH SPEED FLIGHT.—Any alien 

7 who has been convicted of a violation of section 

8 758 of title 18, United States Code (relating to 

9 high speed flight from an immigration check10 point), is inadmissible. 

11 ‘‘(P) FAILURE TO REGISTER AS A SEX OF12 FENDER.—Any alien convicted under section 

13 2250 of title 18, United States Code, is inad14 missible. 

15 ‘‘(Q) CRIMES OF DOMESTIC VIOLENCE, 

16 STALKING, OR VIOLATION OF PROTECTION OR17 DERS; CRIMES AGAINST CHILDREN.— 

18 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

19 AND CHILD ABUSE.— 

20 ‘‘(I) IN GENERAL.—Except as 

21 provided in subsection (v), any alien 

22 who at any time is or has been con23 victed of a crime involving the use or 

24 attempted use of physical force, or 

25 threatened use of a deadly weapon, a 


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1 crime of domestic violence, a crime of 

2 stalking, or a crime of child abuse, 

3 child neglect, or child abandonment is 

4 inadmissible. 

5 ‘‘(II) CRIME OF DOMESTIC VIO6 LENCE DEFINED.—For purposes of 

7 this clause, the term ‘crime of domes8 tic violence’ means any crime of vio9 lence or any offense under Federal, 

10 State, or Tribal law, that has, as an 

11 element, the use or attempted use of 

12 physical force or the threatened use of 

13 physical force or a deadly weapon 

14 against a person committed by a cur15 rent or former spouse of the person, 

16 by an individual with whom the per17 son shares a child in common, by an 

18 individual who is cohabiting with or 

19 has cohabited with the person as a 

20 spouse, by an individual similarly situ21 ated to a spouse of the person under 

22 the domestic or family violence laws of 

23 the jurisdiction where the offense oc24 curs, or by any other individual 

25 against a person who is protected 


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1 from that individual’s acts under the 

2 domestic or family violence laws of the 

3 United States or any State, Indian 

4 tribal government, or unit of local 

5 government. 

6 ‘‘(ii) VIOLATORS OF PROTECTION OR7 DERS.— 

8 ‘‘(I) IN GENERAL.—Except as 

9 provided in subsection (v), any alien 

10 who at any time is or has been en11 joined under a protection order issued 

12 by a court and whom the court deter13 mines has engaged in conduct that 

14 violates the portion of a protection 

15 order that involves protection against 

16 credible threats of violence, repeated 

17 harassment, or bodily injury to the 

18 person or persons for whom the pro19 tection order was issued is inadmis20 sible. 

21 ‘‘(II) PROTECTIVE ORDER DE22 FINED.—In this clause, the term ‘pro23 tection order’ means any injunction 

24 issued for the purpose of preventing 

25 violent or threatening acts of violence 


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1 that involve the use or attempted use 

2 of physical force, or threatened use of 

3 a deadly weapon, committed by a cur4 rent or former spouse, parent, or 

5 guardian of the victim, by a person 

6 with whom the victim shares a child 

7 in common, by a person who is cohab8 iting with or has cohabited with the 

9 victim as a spouse, parent, or guard10 ian, or by a person similarly situated 

11 to a spouse, parent, or guardian of 

12 the victim, including temporary or 

13 final orders issued by civil or criminal 

14 courts (other than support or child 

15 custody orders or provisions) whether 

16 obtained by filing an independent ac17 tion or as an independent order in an18 other proceeding.’’; 

19 (2) in subsection (h)— 

20 (A) in the matter preceding paragraph (1), 

21 as amended by this Act, by striking ‘‘, and 

22 (K)’’, and inserting ‘‘(K), and (M)’’; 

23 (B) in the undesignated matter following 

24 paragraph (2)— 


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1 (i) by striking ‘‘torture.’’ and insert2 ing ‘‘torture, or has been convicted of an 

3 aggravated felony.’’; and 

4 (ii) by striking ‘‘if either since the 

5 date of such admission the alien has been 

6 convicted of an aggravated felony or the 

7 alien’’ and inserting ‘‘if since the date of 

8 such admission the alien’’; 

9 (3) by redesignating subsection (t), as added by 

10 section 1(b)(2)(B) of Public Law 108–449, as sub11 section (u); and 

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

13 ‘‘(v) WAIVER FOR VICTIMS OF DOMESTIC VIO14 LENCE.— 

15 ‘‘(1) IN GENERAL.—The Secretary or the Attor16 ney General is not limited by the criminal court 

17 record and may waive the application of subsection 

18 (a)(2)(Q)(i) (with respect to crimes of domestic vio19 lence and crimes of stalking) and subsection 

20 (a)(2)(Q)(ii), in the case of an alien who has been 

21 battered or subjected to extreme cruelty and who is 

22 not and was not the primary perpetrator of violence 

23 in the relationship, upon a determination that— 

24 ‘‘(A) the alien was acting in self-defense; 


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1 ‘‘(B) the alien was found to have violated 

2 a protection order intended to protect the alien; 

3 or 

4 ‘‘(C) the alien committed, was arrested for, 

5 was convicted of, or pled guilty to committing 

6 a crime— 

7 ‘‘(i) that did not result in serious bod8 ily injury; and 

9 ‘‘(ii) where there was a connection be10 tween the crime and the alien’s having 

11 been battered or subjected to extreme cru12 elty. 

13 ‘‘(2) CREDIBLE EVIDENCE CONSIDERED.—In 

14 acting on applications for a waiver under this sub15 section, the Secretary or the Attorney General shall 

16 consider any credible evidence relevant to the appli17 cation. The determination of what evidence is cred18 ible and the weight to be given that evidence shall 

19 be within the sole discretion of the Secretary or the 

20 Attorney General.’’. 

21 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

22 237(a)(3)(B) of the Immigration and Nationality Act (8 

23 U.S.C. 1227(a)(3)(B)) is amended— 

24 (1) in clause (i), by striking the comma at the 

25 end and inserting a semicolon; 


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1 (2) in clause (ii), by striking ‘‘, or’’ at the end 

2 and inserting a semicolon; 

3 (3) in clause (iii), by striking the comma at the 

4 end and inserting ‘‘; or’’; and 

5 (4) by inserting after clause (iii) the following: 

6 ‘‘(iv) of a violation of, or an attempt 

7 or a conspiracy to violate, subsection (a) or 

8 (b) of section 1425 of title 18 (relating to 

9 the unlawful procurement of citizenship or 

10 naturalization),’’. 

11 (c) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

12 237(a)(2) of the Immigration and Nationality Act (8 

13 U.S.C. 1227(a)(2)), as amended by sections 1511 and 

14 1512, is further amended by adding at the end the fol15 lowing: 

16 ‘‘(I) IDENTIFICATION FRAUD.—Any alien 

17 who is convicted of a violation of (or a con18 spiracy or attempt to violate) an offense relat19 ing to section 208 of the Social Security Act 

20 (42 U.S.C. 408) (relating to social security ac21 count numbers or social security cards) or sec22 tion 1028 of title 18, United States Code (relat23 ing to fraud and related activity in connection 

24 with identification), is deportable.’’. 


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1 (d) APPLICABILITY.—The amendments made by this 

2 section shall apply to— 

3 (1) any act that occurred before, on, or after 

4 the date of the enactment of this Act; 

5 (2) all aliens who are required to establish ad6 missibility on or after such date of enactment; and 

7 (3) all removal, deportation, or exclusion pro8 ceedings that are filed, pending, or reopened, on or 

9 after such date of enactment. 

10 (e) RULE OF CONSTRUCTION.—The amendments 

11 made by this section may not be construed to create eligi12 bility for relief from removal under section 212(c) of the 

13 Immigration and Nationality Act (8 U.S.C. 1182(c)), as 

14 in effect on the day before the date of the enactment of 

15 this Act, if such eligibility did not exist before such date 

16 of enactment. 

17 SEC. 1514. PROTECTING IMMIGRANTS FROM CONVICTED 

18 SEX OFFENDERS. 

19 (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra20 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend21 ed— 

22 (1) in subparagraph (A), by amending clause 

23 (viii) to read as follows: 

24 ‘‘(viii) Clause (i) shall not apply to a citizen of the 

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1 scribed in subparagraph (A), (I), or (K) of section 

2 101(a)(43) or a specified offense against a minor as de3 fined in section 111(7) of the Adam Walsh Child Protec4 tion and Safety Act of 2006 (42 U.S.C. 16911(7)) unless 

5 the Secretary, in the Secretary’s sole and unreviewable 

6 discretion, determines that the citizen poses no risk to the 

7 alien with respect to whom a petition described in clause 

8 (i) is filed.’’; and 

9 (2) in subparagraph (B)(i)— 

10 (A) by redesignating the second subclause 

11 (I) as subclause (II); and 

12 (B) by amending such subclause (II) to 

13 read as follows: 

14 ‘‘(II) Subclause (I) shall not apply to an alien law15 fully admitted for permanent residence who has been con16 victed of an offense described in subparagraph (A), (I), 

17 or (K) of section 101(a)(43) or a specified offense against 

18 a minor as defined in section 111(7) of the Adam Walsh 

19 Child Protection and Safety Act of 2006 (42 U.S.C. 

20 16911(7)) unless the Secretary, in the Secretary’s sole and 

21 unreviewable discretion, determines that the alien lawfully 

22 admitted for permanent residence poses no risk to the 

23 alien with respect to whom a petition described in sub24 clause (I) is filed.’’. 


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1 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)(K)) is amended by striking 

4 ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears and 

5 inserting ‘‘204(a)(1)(A)(viii))’’. 

6 (c) EFFECTIVE DATE; APPLICATION.—The amend7 ments made by this section shall take effect on the date 

8 of the enactment of this Act and shall apply to petitions 

9 filed on or after such date. 

10 SEC. 1515. ENHANCED CRIMINAL PENALTIES FOR HIGH 

11 SPEED FLIGHT. 

12 (a) IN GENERAL.—Section 758 of title 18, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 758. Unlawful flight from immigration or customs 

15 controls 

16 ‘‘(a) EVADING A CHECKPOINT.—Any person who, 

17 while operating a motor vehicle or vessel, knowingly flees 

18 or evades a checkpoint operated by the Department of 

19 Homeland Security or any other Federal law enforcement 

20 agency, and then knowingly or recklessly disregards or dis21 obeys the lawful command of any law enforcement agent, 

22 shall be fined under this title, imprisoned not more than 

23 5 years, or both. 

24 ‘‘(b) FAILURE TO STOP.—Any person who, while op25 erating a motor vehicle, aircraft, or vessel, knowingly or 


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1 recklessly disregards or disobeys the lawful command of 

2 an officer of the Department of Homeland Security en3 gaged in the enforcement of the immigration, customs, or 

4 maritime laws, or the lawful command of any law enforce5 ment agent assisting such officer, shall be fined under this 

6 title, imprisoned not more than 2 years, or both. 

7 ‘‘(c) ALTERNATIVE PENALTIES.—Notwithstanding 

8 the penalties provided in subsection (a) or (b), any person 

9 who violates such subsection— 

10 ‘‘(1) shall be fined under this title, imprisoned 

11 not more than 10 years, or both, if the violation in12 volved the operation of a motor vehicle, aircraft, or 

13 vessel— 

14 ‘‘(A) in excess of the applicable or posted 

15 speed limit; 

16 ‘‘(B) in excess of the rated capacity of the 

17 motor vehicle, aircraft, or vessel; or 

18 ‘‘(C) in an otherwise dangerous or reckless 

19 manner; 

20 ‘‘(2) shall be fined under this title, imprisoned 

21 not more than 20 years, or both, if the violation cre22 ated a substantial and foreseeable risk of serious 

23 bodily injury or death to any person; 


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1 ‘‘(3) shall be fined under this title, imprisoned 

2 not more than 30 years, or both, if the violation 

3 caused serious bodily injury to any person; or 

4 ‘‘(4) shall be fined under this title, imprisoned 

5 for any term of years or life, or both, if the violation 

6 resulted in the death of any person. 

7 ‘‘(d) ATTEMPT AND CONSPIRACY.—Any person who 

8 attempts or conspires to commit any offense under this 

9 section shall be punished in the same manner as a person 

10 who completes the offense. 

11 ‘‘(e) FORFEITURE.—Any property, real or personal, 

12 constituting or traceable to the gross proceeds of the of13 fense and any property, real or personal, used or intended 

14 to be used to commit or facilitate the commission of the 

15 offense shall be subject to forfeiture. 

16 ‘‘(f) FORFEITURE PROCEDURES.—Seizures and for17 feitures under this section shall be governed by the provi18 sions of chapter 46 (relating to civil forfeitures), including 

19 section 981(d), except that such duties as are imposed 

20 upon the Secretary of the Treasury under the customs 

21 laws described in that section shall be performed by such 

22 officers, agents, and other persons as may be designated 

23 for that purpose by the Secretary of Homeland Security 

24 or the Attorney General. Nothing in this section may be 

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1 land Security to seize and forfeit motor vehicles, aircraft, 

2 or vessels under the Customs laws or any other laws of 

3 the United States. 

4 ‘‘(g) DEFINITIONS.—For purposes of this section— 

5 ‘‘(1) the term ‘checkpoint’ includes any customs 

6 or immigration inspection at a port of entry or im7 migration inspection at a U.S. Border Patrol check8 point; 

9 ‘‘(2) the term ‘law enforcement agent’ means— 

10 ‘‘(A) any Federal, State, local or tribal of11 ficial authorized to enforce criminal law; and 

12 ‘‘(B) when conveying a command described 

13 in subsection (b), an air traffic controller; 

14 ‘‘(3) the term ‘lawful command’ includes a com15 mand to stop, decrease speed, alter course, or land, 

16 whether communicated orally, visually, by means of 

17 lights or sirens, or by radio, telephone, or other com18 munication; 

19 ‘‘(4) the term ‘motor vehicle’ means any motor20 ized or self-propelled means of terrestrial transpor21 tation; and 

22 ‘‘(5) the term ‘serious bodily injury’ has the 

23 meaning given in section 2119(2).’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for chapter 35 of title 18, United States Code, is amended 


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1 by striking the item relating to section 758 and inserting 

2 the following: 

‘‘758. Unlawful flight from immigration or customs controls.’’. 

3 (c) RULE OF CONSTRUCTION.—The amendments 

4 made by subsection (a) may not be construed to create 

5 eligibility for relief from removal under section 212(c) of 

6 the Immigration and Nationality Act (8 U.S.C. 1182(c)), 

7 as in effect on the day before the date of the enactment 

8 of this Act, if such eligibility did not exist before such date 

9 of enactment. 

10 SEC. 1516. PROHIBITION ON ASYLUM AND CANCELLATION 

11 OF REMOVAL FOR TERRORISTS. 

12 (a) ASYLUM.—Section 208(b)(2)(A) of the Immigra13 tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)), as 

14 amended by section 1511 and 1512, is further amended— 

15 (1) by inserting ‘‘or the Secretary’’ after ‘‘if the 

16 Attorney General’’; and 

17 (2) by amending clause (v) to read as follows: 

18 ‘‘(v) the alien is described in subpara19 graph (B)(i) or (F) of section 212(a)(3), 

20 unless, in the case of an alien described in 

21 section 212(a)(3)(B)(i)(IX), the Secretary 

22 or the Attorney General determines, in his 

23 or her sole and unreviewable discretion, 

24 that there are not reasonable grounds for 


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1 regarding the alien as a danger to the se2 curity of the United States; or’’. 

3 (b) CANCELLATION OF REMOVAL.—Section 

4 240A(c)(4) of the Immigration and Nationality Act (8 

5 U.S.C. 1229b(c)(4)) is amended— 

6 (1) by striking ‘‘inadmissible under’’ and insert7 ing ‘‘described in’’; and 

8 (2) by striking ‘‘deportable under’’ and insert9 ing ‘‘described in’’. 

10 (c) RESTRICTION ON REMOVAL.— 

11 (1) IN GENERAL.—Section 241(b)(3)(A) of the 

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

13 1231(b)(3)(A)) is amended— 

14 (A) by inserting ‘‘or the Secretary’’ after 

15 ‘‘Attorney General’’ both places that term ap16 pears; 

17 (B) by striking ‘‘Notwithstanding’’ and in18 serting the following: 

19 ‘‘(i) IN GENERAL.—Notwithstanding’’; 

20 and 

21 (C) by adding at the end the following: 

22 ‘‘(ii) BURDEN OF PROOF.—The alien 

23 has the burden of proof to establish that 

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1 gion, nationality, membership in a par2 ticular social group, or political opinion 

3 would be at least 1 central reason for such 

4 threat.’’. 

5 (2) EXCEPTION.—Section 241(b)(3)(B) of such 

6 Act (8 U.S.C. 1231(b)(3)(B)) is amended— 

7 (A) by inserting ‘‘or the Secretary’’ after 

8 ‘‘Attorney General’’ both places that term ap9 pears; 

10 (B) in clause (iii), striking ‘‘or’’ at the end; 

11 (C) in clause (iv), striking the period at 

12 the end and inserting a semicolon; 

13 (D) inserting after clause (iv) the fol14 lowing: 

15 ‘‘(v) the alien is described in subpara16 graph (B)(i) or (F) of section 

17 212(a)(3)(B), unless, in the case of an 

18 alien described in section 

19 212(a)(3)(B)(i)(IX), the Secretary or the 

20 Attorney General determines, in his or her 

21 sole and unreviewable discretion, that there 

22 are not reasonable grounds for regarding 

23 the alien as a danger to the security of the 

24 United States; or 


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1 ‘‘(vi) the alien is convicted of an ag2 gravated felony.’’; and 

3 (E) by striking the undesignated matter at 

4 the end. 

5 (3) SUSTAINING BURDEN OF PROOF; CREDI6 BILITY DETERMINATIONS.—Section 241(b)(3)(C) of 

7 such Act (8 U.S.C. 1231(b)(3)(C)) is amended by 

8 striking ‘‘In determining whether an alien has dem9 onstrated that the alien’s life or freedom would be 

10 threatened for a reason described in subparagraph 

11 (A),’’ and inserting ‘‘For purposes of this para12 graph,’’. 

13 (4) EFFECTIVE DATE; APPLICATION.—The 

14 amendments made by paragraphs (1) and (2) shall 

15 take effect as if enacted on May 11, 2005, and shall 

16 apply to applications for withholding of removal 

17 made on or after such date. 

18 (d) EFFECTIVE DATES; APPLICATIONS.—Except as 

19 provided in subsection (c)(4), the amendments made by 

20 this section shall take effect on the date of the enactment 

21 of this Act and sections 208(b)(2)(A), 240A(c), and 

22 241(b)(3) of the Immigration and Nationality Act, as 

23 amended by this section, shall apply to— 

24 (1) all aliens in removal, deportation, or exclu25 sion proceedings; 


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1 (2) all applications pending on, or filed after, 

2 the date of the enactment of this Act; and 

3 (3) with respect to aliens and applications de4 scribed in paragraph (1) or (2), acts and conditions 

5 constituting a ground for exclusion, deportation, or 

6 removal occurring or existing before, on, or after the 

7 date of the enactment of this Act. 

8 SEC. 1517. AGGRAVATED FELONIES. 

9 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

10 101(a)(43) of the Immigration and Nationality Act (8 

11 U.S.C. 1101(a)(43)), as amended by section 1512, is fur12 ther amended— 

13 (1) in subparagraph (A), by striking ‘‘sexual 

14 abuse of a minor;’’ and inserting ‘‘any conviction for 

15 a sex offense, including an offense described in sec16 tions 2241 and 2243 of title 18, United States Code, 

17 or an offense in which the alien abused or was in18 volved in the abuse of any individual younger than 

19 18 years of age, or in which the victim was, at the 

20 time the offense was committed, younger than 18 

21 years of age, regardless of the reason and extent of 

22 the act, the sentence imposed, or the elements in the 

23 offense that are required for conviction;’’; 

24 (2) in subparagraph (F), by striking ‘‘at least 

25 one year’’ and inserting ‘‘is at least 1 year, except 


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1 that if the conviction records do not conclusively es2 tablish whether a crime constitutes a crime of vio3 lence or an offense under Federal, State, or Tribal 

4 law, that has, as an element, the use or attempted 

5 use of physical force or the threatened use of phys6 ical force or a deadly weapon, the Attorney General 

7 or the Secretary may consider other evidence related 

8 to the conviction, including police reports and wit9 ness statements, that clearly establishes that the 

10 conduct leading to the alien’s conviction constitutes 

11 a crime of violence or an offense under Federal, 

12 State, or Tribal law, that has, as an element, the use 

13 or attempted use of physical force or the threatened 

14 use of physical force or a deadly weapon;’’; 

15 (3) by amending subparagraph (G) to read as 

16 follows: 

17 ‘‘(G) a theft offense under State or Fed18 eral law (including theft by deceit, theft by 

19 fraud, and receipt of stolen property) or bur20 glary offense under State or Federal law for 

21 which the term of imprisonment is at least 1 

22 year, except that if the conviction records do 

23 not conclusively establish whether a crime con24 stitutes a theft or burglary offense, the Attor25 ney General or Secretary may consider other 


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1 evidence related to the conviction, including po2 lice reports and witness statements, that clearly 

3 establishes that the conduct for which the alien 

4 was engaged constitutes a theft or burglary of5 fense;’’; 

6 (4) in subparagraph (I), by striking ‘‘or 2252’’ 

7 and inserting ‘‘2252, or 2252A’’; 

8 (5) in subparagraph (N)— 

9 (A) by striking ‘‘paragraph (1)(A) or (2) 

10 of’’; and 

11 (B) by adding a semicolon at the end; 

12 (6) by amending subparagraph (O) to read as 

13 follows: 

14 ‘‘(O) an offense described in section 275 or 

15 276 for which the term of imprisonment is at 

16 least 1 year;’’; 

17 (7) in subparagraph (P) by striking ‘‘(i) which 

18 either is falsely making, forging, counterfeiting, mu19 tilating, or altering a passport or instrument in vio20 lation of section 1543 of title 18, United States 

21 Code, or is described in section 1546(a) of such title 

22 (relating to document fraud) and (ii)’’ and inserting 

23 ‘‘which is described in the first paragraph of section 

24 1541, 1542, 1543, 1544, 1546(a), or 1547 of title 

25 18, United States Code, and’’; 


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1 (8) in subparagraph (U), by striking ‘‘an at2 tempt or conspiracy to commit an offense described 

3 in this paragraph’’ and inserting ‘‘an attempt to 

4 commit, conspiracy to commit, or facilitation of an 

5 offense described in this paragraph, or aiding, abet6 ting, procuring, commanding, inducing, or soliciting 

7 the commission of such an offense’’; and 

8 (9) by striking the undesignated material at 

9 end and inserting the following: 

10 ‘‘The term applies to an offense described in this para11 graph, whether in violation of Federal or State law, or 

12 a law of a foreign country, for which the term of imprison13 ment was completed within the previous 20 years, and 

14 even if the length of the term of imprisonment for the 

15 offense is based on recidivist or other enhancements. Not16 withstanding any other provision of law (including any ef17 fective date), the term applies regardless of whether the 

18 conviction was entered before, on, or after September 30, 

19 1996.’’. 

20 (b) DEFINITION OF CONVICTION.—Section 

21 101(a)(48) of the Immigration and Nationality Act (8 

22 U.S.C. 1101(a)(48)) is amended by adding at the end the 

23 following: 

24 ‘‘(C)(i) Any reversal, vacatur, expungement, or modi25 fication of a conviction, sentence, or conviction that was 


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1 granted to ameliorate the consequences of the conviction, 

2 sentence, or conviction, or was granted for rehabilitative 

3 purposes shall have no effect on the immigration con4 sequences resulting from the original conviction. 

5 ‘‘(ii) The alien shall have the burden of dem6 onstrating that any reversal, vacatur, expungement, or 

7 modification, including modification to any sentence for an 

8 offense, was not granted to ameliorate the consequences 

9 of the conviction, sentence, or conviction record, or for re10 habilitative purposes.’’. 

11 (c) EFFECTIVE DATE; APPLICATION.—The amend12 ments made by this section shall take effect on the date 

13 of the enactment of this Act and apply to any act that 

14 occurred before, on, or after such date of enactment. 

15 SEC. 1518. CONVICTIONS. 

16 (a) GROUNDS OF INADMISSIBILITY.—Section 

17 212(a)(2) of the Immigration and Nationality Act (8 

18 U.S.C. 1182(a)(2)), as amended by sections 1511 through 

19 1513, is further amended by adding at the end the fol20 lowing: 

21 ‘‘(L) CONVICTIONS.— 

22 ‘‘(i) IN GENERAL.—For purposes of 

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1 utes or common law offenses are divisible 

2 if any of the conduct encompassed by the 

3 statute constitutes an offense that is a 

4 ground of inadmissibility. 

5 ‘‘(ii) OTHER EVIDENCE.—If the con6 viction records, such as charging docu7 ments, plea agreements, plea colloquies, 

8 and jury instructions, do not conclusively 

9 establish whether a crime constitutes a 

10 ground of inadmissibility, the Attorney 

11 General, the Secretary of State, or the Sec12 retary may consider other evidence related 

13 to the conviction, including police reports 

14 and witness statements, that clearly estab15 lishes that the conduct leading to the 

16 alien’s conviction constitutes a ground of 

17 inadmissibility.’’. 

18 (b) GROUNDS OF DEPORTABILITY.—Section 

19 237(a)(2) of the Immigration and Nationality Act (8 

20 U.S.C. 1227(a)(2)), as amended by sections 1511 through 

21 1513, is further amended by adding at the end the fol22 lowing: 

23 ‘‘(J) CRIMINAL OFFENSES.— 

24 ‘‘(i) IN GENERAL.—For purposes of 

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1 nal offense constitutes a ground of deport2 ability under this subsection, all statutes or 

3 common law offenses are divisible if any of 

4 the conduct encompassed by the statute 

5 constitutes an offense that is a ground of 

6 deportability. 

7 ‘‘(ii) OTHER EVIDENCE.—If the con8 viction records, such as charging docu9 ments, plea agreements, plea colloquies, 

10 and jury instructions, do not conclusively 

11 establish whether a crime constitutes a 

12 ground of deportability, the Attorney Gen13 eral or the Secretary may consider other 

14 evidence related to the conviction, includ15 ing police reports and witness statements, 

16 that clearly establishes that the conduct 

17 leading to the alien’s conviction constitutes 

18 a ground of deportability.’’. 

19 SEC. 1519. FAILURE TO OBEY REMOVAL ORDERS. 

20 (a) IN GENERAL.—Section 243 of the Immigration 

21 and Nationality Act (8 U.S.C. 1253) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1), in the matter pre24 ceding subparagraph (A), by inserting ‘‘212(a) 

25 or’’ before ‘‘237(a),’’; and 


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1 (B) by striking paragraph (3); 

2 (2) by striking subsection (b); and 

3 (3) by redesignating subsections (c) and (d) as 

4 subsections (b) and (c), respectively. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a)(1) shall take effect on the date of the enact7 ment of this Act and shall apply to acts that are described 

8 in subparagraphs (A) through (D) of section 243(a)(1) of 

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

10 1253(a)(1)) that occur on or after such date of enactment. 

11 SEC. 1520. SANCTIONS FOR COUNTRIES THAT DELAY OR 

12 PREVENT REPATRIATION OF THEIR NATION13 ALS. 

14 Section 243 of the Immigration and Nationality Act 

15 (8 U.S.C. 1253) is amended by striking subsection (c), 

16 as redesignated by section 1519(a)(3), and inserting the 

17 following: 

18 ‘‘(c) LISTING OF COUNTRIES WHO DELAY REPATRI19 ATION OF REMOVED ALIENS.— 

20 ‘‘(1) LISTING OF COUNTRIES.—Beginning on 

21 the date that is 6 months after the date of the en22 actment of the Strong Visa Integrity Secures Amer23 ica Act, and every 6 months thereafter, the Sec24 retary shall publish a report in the Federal Register 

25 that includes a list of— 


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1 ‘‘(A) countries that have refused or unrea2 sonably delayed repatriation of an alien who is 

3 a national of that country since the date of en4 actment of this Act and the total number of 

5 such aliens, disaggregated by nationality; 

6 ‘‘(B) countries that have an excessive repa7 triation failure rate; and 

8 ‘‘(C) each country that was reported as 

9 noncompliant in the most recent reporting pe10 riod. 

11 ‘‘(2) EXEMPTION.—The Secretary, in the Sec12 retary’s sole and unreviewable discretion, and in con13 sultation with the Secretary of State, may exempt a 

14 country from inclusion on the list under paragraph 

15 (1) if there are significant foreign policy or security 

16 concerns that warrant such an exemption. 

17 ‘‘(d) DISCONTINUING GRANTING OF VISAS TO NA18 TIONALS OF COUNTRIES DENYING OR DELAYING ACCEPT19 ING ALIEN.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding section 

21 221(c), the Secretary shall take the action described 

22 in paragraph (2)(A) and may take an action de23 scribed in paragraph (2)(B), if the Secretary deter24 mines that— 


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1 ‘‘(A) an alien who is a national of a foreign 

2 country is inadmissible under section 212 or de3 portable under section 237, or the alien has 

4 been ordered removed from the United States; 

5 and 

6 ‘‘(B) the government of the foreign coun7 try referred to in subparagraph (A) is— 

8 ‘‘(i) denying or unreasonably delaying 

9 accepting aliens who are citizens, subjects, 

10 nationals, or residents of that country 

11 after the Secretary asks whether the gov12 ernment will accept an alien under this 

13 section; or 

14 ‘‘(ii) refusing to issue any required 

15 travel or identity documents to allow the 

16 alien who is citizen, subject, national, or 

17 resident of that country to return to that 

18 country. 

19 ‘‘(2) ACTIONS DESCRIBED.—The actions de20 scribed in this paragraph are the following: 

21 ‘‘(A) An order from the Secretary of State 

22 to consular officers in the foreign country re23 ferred to in paragraph (1) to discontinue grant24 ing visas under section 101(a)(15)(A)(iii) to at25 tendants, servants, personal employees, and 


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1 members of their immediate families, of the of2 ficials and employees of that country who re3 ceive nonimmigrant status under clause (i) or 

4 (ii) of section 101(a)(15)(A). 

5 ‘‘(B) Denial of admission to any citizens, 

6 subjects, nationals, and residents from the for7 eign country referred to in paragraph (1), the 

8 imposition of any limitations, conditions, or ad9 ditional fees on the issuance of visas or travel 

10 from that country, or the imposition of any 

11 other sanctions against that country that are 

12 authorized by law. 

13 ‘‘(3) RESUMPTION OF VISA ISSUANCE.—Con14 sular officers in the foreign country that refused or 

15 unreasonably delayed repatriation or refused to issue 

16 required identity or travel documents may resume 

17 visa issuance after the Secretary notifies the Sec18 retary of State that the country has accepted the 

19 aliens.’’. 

20 SEC. 1521. ENHANCED PENALTIES FOR CONSTRUCTION 

21 AND USE OF BORDER TUNNELS. 

22 Section 555 of title 18, United States Code, is 

23 amended— 


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1 (1) in subsection (a), by striking ‘‘not more 

2 than 20 years.’’ and inserting ‘‘not less than 7 years 

3 and not more than 20 years.’’; and 

4 (2) in subsection (b), by striking ‘‘not more 

5 than 10 years.’’ and inserting ‘‘not less than 3 years 

6 and not more than 10 years.’’. 

7 SEC. 1522. ENHANCED PENALTIES FOR FRAUD AND MISUSE 

8 OF VISAS, PERMITS, AND OTHER DOCU9 MENTS. 

10 Section 1546(a) of title 18, United States Code, is 

11 amended— 

12 (1) by striking ‘‘Commissioner of the Immigra13 tion and Naturalization Service’’ each place that 

14 term appears and inserting ‘‘Secretary of Homeland 

15 Security’’; 

16 (2) by striking ‘‘Shall be fined’’ and all that fol17 lows and inserting ‘‘Shall be fined under this title or 

18 imprisoned for not less than 12 years and not more 

19 than 25 years (if the offense was committed to fa20 cilitate an act of international terrorism (as defined 

21 in section 2331 of this title)), not less than 10 years 

22 and not more than 20 years (if the offense was com23 mitted to facilitate a drug trafficking crime (as de24 fined in section 929(a) of this title)), not less than 

25 5 years and not more than 10 years (for the first 


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1 or second such offense, if the offense was not com2 mitted to facilitate such an act of international ter3 rorism or a drug trafficking crime), or not less than 

4 7 years and not more than 15 years (for any other 

5 offense), or both.’’ 

6 SEC. 1523. EXPANSION OF CRIMINAL ALIEN REPATRIATION 

7 PROGRAMS. 

8 (a) EXPANSION OF CRIMINAL ALIEN REPATRIATION

9 FLIGHTS.—Not later than 90 days after the date of the 

10 enactment of this Act, the Secretary of Homeland Security 

11 shall increase the number of criminal and illegal alien re12 patriation flights from the United States conducted by 

13 U.S. Customs and Border Protection and U.S. Immigra14 tion and Customs Enforcement Air Operations by not less 

15 than 15 percent compared to the number of such flights 

16 operated, and authorized to be operated, under existing 

17 appropriations and funding on the date of the enactment 

18 of this Act. 

19 (b) U.S. IMMIGRATION AND CUSTOMS ENFORCE20 MENT AIR OPERATIONS.—Not later than 90 days after 

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

22 Homeland Security shall issue a directive to expand U.S. 

23 Immigration and Customs Enforcement Air Operations 

24 (referred to in this subsection as ‘‘ICE Air Ops’’) so that 

25 ICE Air Ops provides additional services with respect to 


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1 aliens who are illegally present in the United States. Such 

2 expansion shall include— 

3 (1) increasing the daily operations of ICE Air 

4 Ops with buses and air hubs in the top 5 geographic 

5 regions along the southern border; 

6 (2) allocating a set number of seats for such 

7 aliens for each metropolitan area; and 

8 (3) allowing a metropolitan area to trade or 

9 give some of seats allocated to such area under para10 graph (2) for such aliens to other areas in the region 

11 of such area based on the transportation needs of 

12 each area. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to the amounts otherwise authorized to be appro15 priated, there is authorized to be appropriated 

16 $10,000,000 for each of fiscal years 2018 through 2021 

17 to carry out this section. 

18 CHAPTER 2—STRONG VISA INTEGRITY 

19 SECURES AMERICA ACT 

20 SEC. 1531. SHORT TITLE. 

21 This chapter may be cited as the ‘‘Strong Visa Integ22 rity Secures America Act’’. 


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1 SEC. 1532. VISA SECURITY. 

2 (a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 

3 Section 428(e)(1) of the Homeland Security Act of 2002 

4 (6 U.S.C. 236(e)(1)) is amended— 

5 (1) by striking ‘‘The Secretary’’ and inserting 

6 the following: 

7 ‘‘(A) AUTHORIZATION.—Subject to the 

8 minimum number specified in subparagraph 

9 (B), the Secretary’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(B) RISK-BASED ASSIGNMENTS.— 

12 ‘‘(i) IN GENERAL.—In carrying out 

13 subparagraph (A), the Secretary shall as14 sign, in a risk-based manner, and consid15 ering the criteria described in clause (ii), 

16 employees of the Department to not fewer 

17 than 50 diplomatic and consular posts at 

18 which visas are issued. 

19 ‘‘(ii) CRITERIA DESCRIBED.—The cri20 teria described in this clause are the fol21 lowing: 

22 ‘‘(I) The number of nationals of 

23 a country in which any of the diplo24 matic and consular posts referred to 

25 in clause (i) are located who were 

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1 ment databases related to the identi2 ties of known or suspected terrorists 

3 during the previous year. 

4 ‘‘(II) Information on cooperation 

5 of the country referred to in subclause 

6 (I) with the counterterrorism efforts 

7 of the United States. 

8 ‘‘(III) Information analyzing the 

9 presence, activity, or movement of ter10 rorist organizations (as such term is 

11 defined in section 212(a)(3)(B)(vi) of 

12 the Immigration and Nationality Act 

13 (8 U.S.C. 1182(a)(3)(B)(vi)) within 

14 or through the country referred to in 

15 subclause (I). 

16 ‘‘(IV) The number of formal ob17 jections based on derogatory informa18 tion issued by the Visa Security Advi19 sory Opinion Unit pursuant to para20 graph (10) regarding nationals of a 

21 country in which any of the diplomatic 

22 and consular posts referred to in 

23 clause (i) are located. 


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1 ‘‘(V) The adequacy of the border 

2 and immigration control of the coun3 try referred to in subclause (I). 

4 ‘‘(VI) Any other criteria the Sec5 retary determines appropriate. 

6 ‘‘(iii) RULE OF CONSTRUCTION.—The 

7 assignment of employees of the Depart8 ment pursuant to this subparagraph is 

9 solely the authority of the Secretary and 

10 may not be altered or rejected by the Sec11 retary of State.’’. 

12 (b) COUNTERTERRORISM VETTING AND SCREEN13 ING.—Section 428(e)(2) of the Homeland Security Act of 

14 2002 (6 U.S.C. 236(e)(2)) is amended— 

15 (1) by redesignating subparagraph (C) as sub16 paragraph (D); and 

17 (2) by inserting after subparagraph (B) the fol18 lowing: 

19 ‘‘(C) Screen any such applications against 

20 the appropriate criminal, national security, and 

21 terrorism databases maintained by the Federal 

22 Government.’’. 

23 (c) TRAINING AND HIRING.—Section 428(e)(6)(A) of 

24 the Homeland Security Act of 2002 (6 U.S.C. 

25 236(e)(6)(A)) is amended— 


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1 (1) by striking ‘‘The Secretary shall ensure, to 

2 the extent possible, that any employees’’ and insert3 ing ‘‘The Secretary, acting through the Commis4 sioner of U.S. Customs and Border Protection and 

5 the Director of U.S. Immigration and Customs En6 forcement, shall provide training to any employees’’; 

7 and 

8 (2) by striking ‘‘shall be provided the necessary 

9 training’’. 

10 (d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE

11 AND VISA SECURITY ADVISORY OPINION UNIT.—Section 

12 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 

13 236(e)) is amended by adding at the end the following: 

14 ‘‘(9) REMOTE PRE-ADJUDICATED VISA SECU15 RITY ASSISTANCE.—At the visa-issuing posts at 

16 which employees of the Department are not assigned 

17 pursuant to paragraph (1), the Secretary shall, in a 

18 risk-based manner, assign employees of the Depart19 ment to remotely perform the functions required 

20 under paragraph (2) at not fewer than 50 of such 

21 posts. 

22 ‘‘(10) VISA SECURITY ADVISORY OPINION

23 UNIT.—The Secretary shall establish within U.S. 

24 Immigration and Customs Enforcement a Visa Secu25 rity Advisory Opinion Unit to respond to requests 


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1 from the Secretary of State to conduct a visa secu2 rity review using information maintained by the De3 partment on visa applicants, including terrorism as4 sociation, criminal history, counter-proliferation, and 

5 other relevant factors, as determined by the Sec6 retary.’’. 

7 (e) SCHEDULE OF IMPLEMENTATION.—The require8 ments established under paragraphs (1) and (10) of sec9 tion 428(e) of the Homeland Security Act of 2002, as 

10 amended and added by this section, shall be implemented 

11 not later than 3 years after the date of the enactment of 

12 this Act. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated $30,000,000 to imple15 ment this section and the amendments made by this sec16 tion. 

17 SEC. 1533. ELECTRONIC PASSPORT SCREENING AND BIO18 METRIC MATCHING. 

19 (a) IN GENERAL.—Subtitle B of title IV of the 

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

21 is amended by adding at the end the following: 

22 ‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIO23 METRIC MATCHING. 

24 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

25 date of the enactment of the Strong Visa Integrity Secures 


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1 America Act, the Commissioner of U.S. Customs and Bor2 der Protection shall— 

3 ‘‘(1) screen electronic passports at airports of 

4 entry by reading each such passport’s embedded 

5 chip; and 

6 ‘‘(2) to the greatest extent practicable, utilize 

7 facial recognition technology or other biometric tech8 nology, as determined by the Commissioner, to in9 spect travelers at United States airports of entry. 

10 ‘‘(b) APPLICABILITY.— 

11 ‘‘(1) ELECTRONIC PASSPORT SCREENING.— 

12 Subsection (a)(1) shall apply to passports belonging 

13 to individuals who are United States citizens, indi14 viduals who are nationals of a program country pur15 suant to section 217 of the Immigration and Nation16 ality Act (8 U.S.C. 1187), and individuals who are 

17 nationals of any other foreign country that issues 

18 electronic passports. 

19 ‘‘(2) FACIAL RECOGNITION MATCHING.—Sub20 section (a)(2) shall apply, at a minimum, to individ21 uals who are nationals of a program country pursu22 ant to section 217 of such Act. 

23 ‘‘(c) ANNUAL REPORT.— 

24 ‘‘(1) IN GENERAL.—The Commissioner of U.S. 

25 Customs and Border Protection, in collaboration 


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1 with the Chief Privacy Officer of the Department, 

2 shall submit an annual report, through fiscal year 

3 2021, to the Committee on Homeland Security and 

4 Governmental Affairs of the Senate and the Com5 mittee on Homeland Security of the House of Rep6 resentatives that describes the utilization of facial 

7 recognition technology and other biometric tech8 nology pursuant to subsection (a)(2). 

9 ‘‘(2) REPORT CONTENTS.—Each report sub10 mitted pursuant to paragraph (1) shall include— 

11 ‘‘(A) information on the type of technology 

12 used at each airport of entry; 

13 ‘‘(B) the number of individuals who were 

14 subject to inspection using either of such tech15 nologies at each airport of entry; 

16 ‘‘(C) within the group of individuals sub17 ject to such inspection, the number of those in18 dividuals who were United States citizens and 

19 lawful permanent residents; 

20 ‘‘(D) information on the disposition of data 

21 collected during the year covered by such re22 port; and 

23 ‘‘(E) information on protocols for the man24 agement of collected biometric data, including 

25 time frames and criteria for storing, erasing, 


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1 destroying, or otherwise removing such data 

2 from databases utilized by the Department. 

3 ‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS 

4 AND BORDER PROTECTION. 

5 ‘‘The Commissioner of U.S. Customs and Border 

6 Protection shall, in a risk-based manner, continuously 

7 screen individuals issued any visa, and individuals who are 

8 nationals of a program country pursuant to section 217 

9 of the Immigration and Nationality Act (8 U.S.C. 1187), 

10 who are present, or expected to arrive within 30 days, in 

11 the United States, against the appropriate criminal, na12 tional security, and terrorism databases maintained by the 

13 Federal Government.’’. 

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

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

16 amended by inserting after the item relating to section 

17 419 the following: 

‘‘Sec. 420. Electronic passport screening and biometric matching. 

‘‘Sec. 420A. Continuous screening by U.S. Customs and Border Protection.’’. 

18 SEC. 1534. REPORTING VISA OVERSTAYS. 

19 Section 2 of Public Law 105–173 (8 U.S.C. 1376) 

20 is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘Attorney General’’ and in23 serting ‘‘Secretary of Homeland Security’’; and 


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1 (B) by inserting before the period at the 

2 end the following: ‘‘, and any additional infor3 mation that the Secretary determines necessary 

4 for purposes of the report under subsection 

5 (b).’’; and 

6 (2) by amending subsection (b) to read as fol7 lows: 

8 ‘‘(b) ANNUAL REPORT.—Not later than June 30, 

9 2018, and annually thereafter, the Secretary of Homeland 

10 Security shall submit a report to the Committee on Home11 land Security and Governmental Affairs of the Senate, the 

12 Committee on the Judiciary of the Senate, the Committee 

13 on Homeland Security of the House of Representatives, 

14 and the Committee on the Judiciary of the House of Rep15 resentatives that provides, for the preceding fiscal year, 

16 numerical estimates (including information on the meth17 odology utilized to develop such numerical estimates) of— 

18 ‘‘(1) for each country, the number of aliens 

19 from the country who are described in subsection 

20 (a), including— 

21 ‘‘(A) the total number of such aliens within 

22 all classes of nonimmigrant aliens described in 

23 section 101(a)(15) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(15)); and 


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1 ‘‘(B) the number of such aliens within each 

2 of the classes of nonimmigrant aliens, as well as 

3 the number of such aliens within each of the 

4 subclasses of such classes of nonimmigrant 

5 aliens, as applicable; 

6 ‘‘(2) for each country, the percentage of the 

7 total number of aliens from the country who were 

8 present in the United States and were admitted to 

9 the United States as nonimmigrants who are de10 scribed in subsection (a); 

11 ‘‘(3) the number of aliens described in sub12 section (a) who arrived by land at a port of entry 

13 into the United States; 

14 ‘‘(4) the number of aliens described in sub15 section (a) who entered the United States using a 

16 border crossing identification card (as defined in sec17 tion 101(a)(6) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)(6)); and 

19 ‘‘(5) the number of Canadian nationals who en20 tered the United States without a visa and whose 

21 authorized period of stay in the United States termi22 nated during the previous fiscal year, but who re23 mained in the United States.’’. 


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1 SEC. 1535. STUDENT AND EXCHANGE VISITOR INFORMA2 TION SYSTEM VERIFICATION. 

3 Not later than 90 days after the date of the enact4 ment of this Act, the Secretary of Homeland Security shall 

5 ensure that the information collected under the program 

6 established under section 641 of the Illegal Immigration 

7 Reform and Immigrant Responsibility Act of 1996 (8 

8 U.S.C. 1372) is available to officers of U.S. Customs and 

9 Border Protection conducting primary inspections of 

10 aliens seeking admission to the United States at each port 

11 of entry of the United States. 

12 SEC. 1536. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. 

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

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

15 as amended by section 1117, is further amended by adding 

16 at the end the following: 

17 ‘‘SEC. 435. SOCIAL MEDIA SCREENING. 

18 ‘‘(a) IN GENERAL.—Not later than 180 days after 

19 the date of the enactment of the Strong Visa Integrity 

20 Secures America Act, the Secretary shall, to the greatest 

21 extent practicable, and in a risk based manner and on an 

22 individualized basis, review the social media accounts of 

23 visa applicants who are citizens of, or who reside in, high 

24 risk countries, as determined by the Secretary based on 

25 the criteria described in subsection (b). 


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1 ‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter2 mining whether a country is high-risk pursuant to sub3 section (a), the Secretary shall consider the following cri4 teria: 

5 ‘‘(1) The number of nationals of the country 

6 who were identified in United States Government 

7 databases related to the identities of known or sus8 pected terrorists during the previous year. 

9 ‘‘(2) The level of cooperation of the country 

10 with the counter-terrorism efforts of the United 

11 States. 

12 ‘‘(3) Any other criteria the Secretary deter13 mines appropriate. 

14 ‘‘(c) COLLABORATION.—To develop the technology 

15 required to carry out the requirements under subsection 

16 (a), the Secretary shall collaborate with— 

17 ‘‘(1) the head of a national laboratory within 

18 the Department’s laboratory network with relevant 

19 expertise; 

20 ‘‘(2) the head of a relevant university-based 

21 center within the Department’s centers of excellence 

22 network; and 

23 ‘‘(3) the heads of other appropriate Federal 

24 agencies. 


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1 ‘‘SEC. 436. OPEN SOURCE SCREENING. 

2 ‘‘The Secretary shall, to the greatest extent prac3 ticable, and in a risk-based manner, review open source 

4 information of visa applicants.’’. 

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

6 in section 1(b) of the Homeland Security Act of 2002, as 

7 amended by this Act, is further amended by inserting after 

8 the item relating to section 433 the following: 

‘‘Sec. 434. Social media screening. 

‘‘Sec. 435. Open source screening.’’. 

9 CHAPTER 3—VISA CANCELLATION AND 

10 REVOCATION 

11 SEC. 1541. CANCELLATION OF ADDITIONAL VISAS. 

12 (a) IN GENERAL.—Section 222(g) of the Immigra13 tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘Attorney General,’’ and 

16 inserting ‘‘Secretary,’’; and 

17 (B) by inserting ‘‘and any other non18 immigrant visa issued by the United States that 

19 is in the possession of the alien’’ after ‘‘such 

20 visa’’; and 

21 (2) in paragraph (2)(A), by striking ‘‘(other 

22 than the visa described in paragraph (1)) issued in 

23 a consular office located in the country of the alien’s 

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1 scribed in paragraph (1)) issued in a consular office 

2 located in the country of the alien’s nationality or 

3 foreign residence’’. 

4 (b) EFFECTIVE DATE AND APPLICATION.—The 

5 amendments made by subsection (a) shall take effect on 

6 the date of the enactment of this Act and shall apply to 

7 a visa issued before, on, or after such date. 

8 SEC. 1542. VISA INFORMATION SHARING. 

9 (a) IN GENERAL.—Section 222(f) of the Immigration 

10 and Nationality Act (8 U.S.C. 1202(f)) is amended— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘issuance or refusal’’ and inserting 

13 ‘‘issuance, refusal, or revocation’’; and 

14 (2) in paragraph (2)— 

15 (A) in the matter preceding subparagraph 

16 (A), by striking ‘‘and on the basis of reci17 procity’’; 

18 (B) in subparagraph (A)— 

19 (i) by striking ‘‘for the purpose of pre20 venting’’ and inserting the following: ‘‘for 

21 the purpose of— 

22 ‘‘(i) preventing’’; and 

23 (ii) by adding at the end the fol24 lowing: 


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1 ‘‘(ii) determining a person’s deport2 ability or eligibility for a visa, admission, 

3 or other immigration benefit;’’; 

4 (C) in subparagraph (B)— 

5 (i) by striking ‘‘for the purposes’’ and 

6 inserting ‘‘for 1 of the purposes’’; and 

7 (ii) by striking ‘‘or to deny visas to 

8 persons who would be inadmissible to the 

9 United States.’’ and inserting ‘‘; or’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(C) with regard to any or all aliens in the 

12 database, specified data elements from each 

13 record, if the Secretary of State determines that 

14 it is required for national security or public 

15 safety or in the national interest to provide 

16 such information to a foreign government.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect on the date that is 60 days 

19 after the date of the enactment of the Act. 

20 SEC. 1543. VISA INTERVIEWS. 

21 (a) IN GENERAL.—Section 222(h) of the Immigra22 tion and Nationality Act (8 U.S.C. 1202(h)) is amended— 

23 (1) in paragraph (1)— 

24 (A) in subparagraph (B), by striking ‘‘or’’ 

25 at the end; 


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1 (B) in subparagraph (C), by striking 

2 ‘‘and’’ at the end and inserting ‘‘or’’; and 

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

4 ‘‘(D) by the Secretary of State, if the Sec5 retary, in his or her sole and unreviewable dis6 cretion, determines that an interview is unnec7 essary because the alien is ineligible for a visa; 

8 and’’. 

9 (2) in paragraph (2)— 

10 (A) in subparagraph (E)(iv), by striking 

11 ‘‘or’’ at the end; 

12 (B) in subparagraph (F)(iii), by striking 

13 the period at the end and inserting ‘‘; or’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(G) is an individual within a class of 

16 aliens that the Secretary, in his or her sole and 

17 unreviewable discretion, has determined may 

18 pose a threat to national security or public safe19 ty.’’. 

20 SEC. 1544. JUDICIAL REVIEW OF VISA REVOCATION. 

21 Section 221(i) of the Immigration and Nationality 

22 Act (8 U.S.C. 1201(i)) is amended— 

23 (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; and 

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


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1 ‘‘(2) A revocation under this subsection of a visa or 

2 other documentation from an alien shall automatically 

3 cancel any other valid visa that is in the alien’s posses4 sion.’’. 

5 CHAPTER 4—SECURE VISAS ACT 

6 SEC. 1551. SHORT TITLE. 

7 This chapter may be cited as the ‘‘Secure Visas Act’’. 

8 SEC. 1552. AUTHORITY OF THE SECRETARY OF HOMELAND 

9 SECURITY AND THE SECRETARY OF STATE. 

10 (a) IN GENERAL.—Section 428 of the Homeland Se11 curity Act of 2002 (6 U.S.C. 236) is amended by striking 

12 subsections (b) and (c) and inserting the following: 

13 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

14 SECURITY.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding section 

16 104(a) of the Immigration and Nationality Act (8 

17 U.S.C. 1104(a)) and any other provision of law, and 

18 except for the authority of the Secretary of State 

19 under subparagraphs (A) and (G) of section 

20 101(a)(15) of the Immigration and Nationality Act 

21 (8 U.S.C. 1101(a)(15)), the Secretary— 

22 ‘‘(A) shall have exclusive authority to issue 

23 regulations, establish policy, and administer and 

24 enforce the provisions of the Immigration and 

25 Nationality Act (8 U.S.C. 1101 et seq.) and all 


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1 other immigration or nationality laws relating 

2 to the functions of consular officers of the 

3 United States in connection with the granting 

4 and refusal of a visa; and 

5 ‘‘(B) may refuse or revoke any visa to any 

6 alien or class of aliens if the Secretary, or his 

7 or her designee, determines that such refusal or 

8 revocation is necessary or advisable in the secu9 rity interests of the United States. 

10 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

11 of any visa under paragraph (1)(B)— 

12 ‘‘(A) shall take effect immediately; and 

13 ‘‘(B) shall automatically cancel any other 

14 valid visa that is in the alien’s possession. 

15 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

16 other provision of law, including section 2241 of title 

17 28, United States Code, any other habeas corpus 

18 provision, and sections 1361 and 1651 of such title, 

19 no United States court has jurisdiction to review a 

20 decision by the Secretary to refuse or revoke a visa. 

21 ‘‘(c) EFFECT OF VISA APPROVAL BY THE SEC22 RETARY OF STATE.— 

23 ‘‘(1) IN GENERAL.—The Secretary of State may 

24 direct a consular officer to refuse or revoke a visa 

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1 fusal or revocation is necessary or advisable in the 

2 foreign policy interests of the United States. 

3 ‘‘(2) LIMITATION.—No decision by the Sec4 retary of State to approve a visa may override a de5 cision by the Secretary under subsection (b).’’. 

6 (b) VISA REVOCATION.—Section 428 of the Home7 land Security Act (6 U.S.C. 236) is amended by adding 

8 at the end the following: 

9 ‘‘(j) VISA REVOCATION INFORMATION.—If the Sec10 retary or the Secretary of State revokes a visa— 

11 ‘‘(1) the relevant consular, law enforcement, 

12 and terrorist screening databases shall be imme13 diately updated on the date of the revocation; and 

14 ‘‘(2) look-out notices shall be posted to all De15 partment port inspectors and Department of State 

16 consular officers.’’. 

17 (c) CONFORMING AMENDMENT.—Section 104(a)(1) 

18 of the Immigration and Nationality Act is amended by in19 serting ‘‘and the power authorized under section 428(c) 

20 of the Homeland Security Act of 2002 (6 U.S.C. 236)’’ 

21 after ‘‘United States,’’. 


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1 CHAPTER 5—VISA FRAUD AND SECURITY 

2 IMPROVEMENT ACT OF 2017 

3 SEC. 1561. SHORT TITLE. 

4 This chapter may be cited as the ‘‘Visa Fraud and 

5 Security Improvement Act of 2017’’. 

6 SEC. 1562. EXPANDED USAGE OF FRAUD PREVENTION AND 

7 DETECTION FEES. 

8 Section 286(v)(2)(A) of the Immigration and Nation9 ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 

10 (1) in the matter preceding clause (i), by strik11 ing ‘‘at United States embassies and consulates 

12 abroad’’; 

13 (2) by amending clause (i) to read as follows: 

14 ‘‘(i) to increase the number of diplo15 matic security personnel assigned exclu16 sively or primarily to the function of pre17 venting and detecting visa fraud;’’; and 

18 (3) in clause (ii), by striking ‘‘, including pri19 marily fraud by applicants for visas described in 

20 subparagraph (H)(i), (H)(ii), or (L) of section 

21 101(a)(15)’’. 

22 SEC. 1563. VISA INFORMATION SHARING. 

23 Section 222(f) of the Immigration and Nationality 

24 Act (8 U.S.C. 1202(f)) is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘issuance or refusal’’ and inserting 

3 ‘‘issuance, refusal, or revocation’’; 

4 (2) in paragraph (1), by striking the period at 

5 the end and inserting ‘‘; and’’; and 

6 (3) by amending paragraph (2) to read as fol7 lows: 

8 ‘‘(2) the Secretary of State, in the Secretary’s 

9 discretion, may provide to a foreign government in10 formation in a Department of State computerized 

11 visa database and, when necessary and appropriate, 

12 other records described in this section related to in13 formation in such database— 

14 ‘‘(A) on the basis of reciprocity, with re15 gard to individual aliens, at any time on a case16 by-case basis for the purpose of— 

17 ‘‘(i) preventing, investigating, or pun18 ishing acts that would constitute a crime 

19 in the United States, including, but not 

20 limited to, terrorism or trafficking in con21 trolled substances, persons, or illicit weap22 ons; or 

23 ‘‘(ii) determining a person’s remov24 ability or eligibility for a visa, admission, 

25 or other immigration benefit; 


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1 ‘‘(B) on the basis of reciprocity, with re2 gard to any or all aliens in such database, pur3 suant to such conditions as the Secretary of 

4 State shall establish in an agreement with the 

5 foreign government in which that government 

6 agrees to use such information and records for 

7 1 of the purposes described in subparagraph 

8 (A); or 

9 ‘‘(C) with regard to any or all aliens in 

10 such database, if the Secretary of State deter11 mines that it is in the national interest to pro12 vide such information to a foreign govern13 ment.’’. 

14 SEC. 1564. INADMISSIBILITY OF SPOUSES AND CHILDREN 

15 OF TRAFFICKERS. 

16 Section 212(a)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1182(a)(2)) is amended— 

18 (1) in subparagraph (C)(ii), by inserting ‘‘, or 

19 has been,’’ after ‘‘is’’; and 

20 (2) in subparagraph (H)(ii), by inserting ‘‘, or 

21 has been,’’ after ‘‘is’’. 

22 SEC. 1565. DNA TESTING. 

23 Section 222(b) of the Immigration and Nationality 

24 Act (8 U.S.C. 1202(b)) is amended by inserting after the 

25 second sentence the following: ‘‘Where considered necVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 essary by the consular officer or immigration official, to 

2 establish the bona fides of a family relationship, the immi3 grant shall provide DNA evidence of such relationship in 

4 accordance with procedures established by the Secretary, 

5 in consultation with the Secretary of State. The Secretary 

6 and the Secretary of State may issue regulations to re7 quire the submission of DNA evidence to establish family 

8 relationship, from applicants for certain visa classifica9 tions.’’. 

10 SEC. 1566. ACCESS TO NCIC CRIMINAL HISTORY DATABASE 

11 FOR DIPLOMATIC VISAS. 

12 Subsection (a) of article V of section 217 of the Na13 tional Crime Prevention and Privacy Compact Act of 1998 

14 (34 U.S.C. 40316(V)(a)) is amended by inserting ‘‘, ex15 cept for diplomatic visa applications for which only full 

16 biographical information is required’’ before the period at 

17 the end. 

18 SEC. 1567. ELIMINATION OF SIGNED PHOTOGRAPH RE19 QUIREMENT FOR VISA APPLICATIONS. 

20 Section 221(b) of the Immigration and Nationality 

21 Act (8 U.S.C. 1201(b)) is amended by striking the first 

22 sentence and insert the following: ‘‘Each alien who applies 

23 for a visa shall be registered in connection with his or her 

24 application and shall furnish copies of his or her photo25 graph for such use as may be required by regulation.’’. 


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1 CHAPTER 6—OTHER MATTERS 

2 SEC. 1571. REQUIREMENT FOR COMPLETION OF BACK3 GROUND CHECKS. 

4 (a) IN GENERAL.—Section 103 of Immigration and 

5 Nationality Act (8 U.S.C. 1103) is amended by adding 

6 at the end the following: 

7 ‘‘(h) COMPLETION OF BACKGROUND AND SECURITY

8 CHECKS.— 

9 ‘‘(1) REQUIREMENT TO COMPLETE.—Notwith10 standing any other provision of law (statutory or 

11 nonstatutory), including section 309 of the En12 hanced Border Security and Visa Entry Reform Act 

13 of 2002 (8 U.S.C. 1738), sections 1361 and 1651 of 

14 title 28, United States Code, and section 706(1) of 

15 title 5, United States Code, the Secretary and the 

16 Attorney General may not approve or grant to an 

17 alien any status, relief, protection from removal, em18 ployment authorization, or any other benefit under 

19 the immigration laws, including an adjustment of 

20 status to lawful permanent residence or a grant of 

21 United States citizenship or issue to the alien any 

22 documentation evidencing a status or grant of any 

23 status, relief, protection from removal, employment 

24 authorization, or other benefit under the immigra25 tion laws until— 


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1 ‘‘(A) all background and security checks 

2 required by statute or regulation or deemed 

3 necessary by the Secretary or the Attorney 

4 General, in his or her sole and unreviewable dis5 cretion, for the alien have been completed; and 

6 ‘‘(B) the Secretary or the Attorney Gen7 eral has determined that the results of such 

8 checks do not preclude the approval or grant of 

9 any status, relief, protection from removal, em10 ployment authorization, or any other benefit 

11 under the immigration laws or approval, grant, 

12 or the issuance of any documentation evidenc13 ing such status, relief, protection, authorization, 

14 or benefit. 

15 ‘‘(2) PROHIBITION ON JUDICIAL ACTION.—No 

16 court shall have authority to order the approval of, 

17 grant, mandate or require any action in a certain 

18 time period, or award any relief for the Secretary’s 

19 or Attorney General’s failure to complete or delay in 

20 completing any action to provide any status, relief, 

21 protection from removal, employment authorization, 

22 or any other benefit under the immigration laws, in23 cluding an adjustment of status to lawful permanent 

24 residence, naturalization, or a grant of United 

25 States citizenship for an alien until— 


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1 ‘‘(A) all background and security checks 

2 for the alien have been completed; and 

3 ‘‘(B) the Secretary or the Attorney Gen4 eral has determined that the results of such 

5 checks do not preclude the approval or grant of 

6 such status, relief, protection, authorization, or 

7 benefit, or issuance of any documentation evi8 dencing such status, relief, protection, author9 ization, or benefit.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this Act and shall apply to any application, peti13 tion, or request for any benefit or relief or any other case 

14 or matter under the immigration laws pending with on or 

15 filed with the Secretary of Homeland Security, the Attor16 ney General, the Secretary of State, the Secretary of 

17 Labor, or a consular officer on or after such date of enact18 ment. 

19 SEC. 1572. WITHHOLDING OF ADJUDICATION. 

20 (a) IN GENERAL.—Section 103 of Immigration and 

21 Nationality Act (8 U.S.C. 1103), as amended by sections 

22 1112 and 1571, is further amended by adding at the end 

23 the following: 

24 ‘‘(i) WITHHOLDING OF ADJUDICATION.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in sub2 section (i)(4), nothing in this Act or in any other 

3 law, including section 1361 and 1651 of title 28, 

4 United States Code, may be construed to require, 

5 and no court can order, the Secretary, the Attorney 

6 General, the Secretary of State, the Secretary of 

7 Labor, or a consular officer to grant any application, 

8 approve any petition, or grant or continue any relief, 

9 protection from removal, employment authorization, 

10 or any other status or benefit under the immigration 

11 laws by, to, or on behalf of any alien with respect 

12 to whom a criminal proceeding or investigation is 

13 open or pending (including the issuance of an arrest 

14 warrant or indictment), if such proceeding or inves15 tigation is deemed by such official to be material to 

16 the alien’s eligibility for the status, relief, protection, 

17 or benefit sought. 

18 ‘‘(2) WITHHOLDING OF ADJUDICATION.—The 

19 Secretary, the Attorney General, the Secretary of 

20 State, or the Secretary of Labor may, in his or her 

21 discretion, withhold adjudication any application, pe22 tition, request for relief, request for protection from 

23 removal, employment authorization, status or benefit 

24 under the immigration laws pending final resolution 

25 of the criminal or other proceeding or investigation. 


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1 ‘‘(3) JURISDICTION.—Notwithstanding any 

2 other provision of law (statutory or nonstatutory), 

3 including section 309 of the Enhanced Border Secu4 rity and Visa Entry Reform Act of 2002 (8 U.S.C. 

5 1738), sections 1361 and 1651 of title 28, United 

6 States Code, and section 706(1) of title 5, United 

7 States Code, no court shall have jurisdiction to re8 view a decision to withhold adjudication pursuant to 

9 this subsection. 

10 ‘‘(4) WITHHOLDING OF REMOVAL AND TOR11 TURE CONVENTION.—This subsection does not limit 

12 or modify the applicability of section 241(b)(3) or 

13 the United Nations Convention Against Torture and 

14 Other Cruel, Inhuman or Degrading Treatment or 

15 Punishment, subject to any reservations, under16 standings, declarations and provisos contained in the 

17 United States Senate resolution of ratification of the 

18 Convention, as implemented by section 2242 of the 

19 Foreign Affairs Reform and Restructuring Act of 

20 1998 (Public Law 105-277) with respect to an alien 

21 otherwise eligible for protection under such provi22 sions.’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall take effect on the date of the enact25 ment of this Act and shall apply to any application, petiVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 tion, or request for any benefit or relief or any other case 

2 or matter under the immigration laws pending with or 

3 filed with the Secretary of Homeland Security on or after 

4 such date of enactment. 

5 SEC. 1573. ACCESS TO THE NATIONAL CRIME INFORMATION 

6 CENTER INTERSTATE IDENTIFICATION 

7 INDEX. 

8 (a) CRIMINAL JUSTICE ACTIVITIES.—Section 104 of 

9 the Immigration and Nationality Act (8 U.S.C. 1104) is 

10 amended by adding at the end the following: 

11 ‘‘(f) Notwithstanding any other provision of law, any 

12 Department of State personnel with authority to grant or 

13 refuse visas or passports may carry out activities that have 

14 a criminal justice purpose.’’. 

15 (b) LIAISON WITH INTERNAL SECURITY OFFICERS; 

16 DATA EXCHANGE.—Section 105 of the Immigration and 

17 Nationality Act (8 U.S.C. 1105) is amended by striking 

18 subsections (b) and (c) and inserting the following: 

19 ‘‘(b) ACCESS TO NCIC-III.— 

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

21 provision of law, the Attorney General and the Di22 rector of the Federal Bureau of Investigation shall 

23 provide to the Department of Homeland Security 

24 and the Department of State access to the criminal 

25 history record information contained in the National 


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1 Crime Information Center’s Interstate Identification 

2 Index (NCIC-III) and the Wanted Persons File and 

3 to any other files maintained by the National Crime 

4 Information Center for the purpose of determining 

5 whether an applicant or petitioner for a visa, admis6 sion, or any benefit, relief, or status under the immi7 gration laws, or any beneficiary of an application, 

8 petition, relief, or status under the immigration 

9 laws, has a criminal history record indexed in the 

10 file. 

11 ‘‘(2) AUTHORIZED ACTIVITIES.— 

12 ‘‘(A) IN GENERAL.—The Secretary and the 

13 Secretary of State— 

14 ‘‘(i) shall have direct access, without 

15 any fee or charge, to the information de16 scribed in paragraph (1) to conduct name17 based searches, file number searches, and 

18 any other searches that any criminal jus19 tice or other law enforcement officials are 

20 entitled to conduct; and 

21 ‘‘(ii) may contribute to the records 

22 maintained by the National Crime Infor23 mation Center. 

24 ‘‘(B) SECRETARY OF HOMELAND SECU25 RITY.—The Secretary shall receive, upon reVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 quest, access to the information described in 

2 paragraph (1) by means of extracts of the 

3 records for placement in the appropriate data4 base without any fee or charge. 

5 ‘‘(c) CRIMINAL JUSTICE AND LAW ENFORCEMENT

6 PURPOSES.—Notwithstanding any other provision of law, 

7 adjudication of eligibility for benefits, relief, or status 

8 under the immigration laws and other purposes relating 

9 to citizenship and immigration services, shall be consid10 ered to be criminal justice or law enforcement purposes 

11 with respect to access to or use of any information main12 tained by the National Crime Information Center or other 

13 criminal history information or records.’’. 

14 SEC. 1574. APPROPRIATE REMEDIES FOR IMMIGRATION 

15 LITIGATION. 

16 (a) LIMITATION ON CLASS ACTIONS.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), no court may certify a class under Rule 

19 23 of the Federal Rules of Civil Procedure in any 

20 civil action that— 

21 (A) is filed after the date of the enactment 

22 of this Act; and 

23 (B) pertains to the administration or en24 forcement of the immigration laws. 


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1 (2) EXCEPTION.—A court may certify a class 

2 upon a motion by the Government if the Govern3 ment is requesting such a certification to ensure effi4 ciency in case management or uniformity in applica5 tion of precedent decisions or interpretations of laws 

6 when there is a nationwide class. 

7 (b) REQUIREMENTS FOR AN ORDER GRANTING PRO8 SPECTIVE RELIEF AGAINST THE GOVERNMENT.— 

9 (1) IN GENERAL.—If a court determines that 

10 prospective relief should be ordered against the Gov11 ernment in any civil action pertaining to the admin12 istration or enforcement of the immigration laws, 

13 the court shall— 

14 (A) limit the relief to the minimum nec15 essary to correct the violation of law; 

16 (B) adopt the least intrusive means to cor17 rect the violation of law; 

18 (C) minimize, to the greatest extent prac19 ticable, the adverse impact on national security, 

20 border security, immigration administration and 

21 enforcement, and public safety; and 

22 (D) provide for the expiration of the relief 

23 on a specific date, which is not later than the 

24 earliest date necessary for the Government to 

25 remedy the violation. 


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1 (2) WRITTEN EXPLANATION.—The require2 ments described in paragraph (1) shall be discussed 

3 and explained in writing in the order granting pro4 spective relief and shall be sufficiently detailed to 

5 allow review by another court. 

6 (3) EXPIRATION OF PRELIMINARY INJUNCTIVE

7 RELIEF.—Preliminary injunctive relief granted 

8 under paragraph (1) shall automatically expire on 

9 the date that is 90 days after the date on which 

10 such relief is entered, unless the court— 

11 (A) finds that such relief meets the re12 quirements described in subparagraphs (A) 

13 through (D) of paragraph (1) for the entry of 

14 permanent prospective relief; and 

15 (B) orders the preliminary relief to become 

16 a final order granting prospective relief before 

17 the expiration of such 90-day period. 

18 (c) PROCEDURE FOR MOTION AFFECTING ORDER

19 GRANTING PROSPECTIVE RELIEF AGAINST THE GOVERN20 MENT.— 

21 (1) IN GENERAL.—A court shall promptly rule 

22 on a motion made by the United States Government 

23 to vacate, modify, dissolve, or otherwise terminate 

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1 tion pertaining to the administration or enforcement 

2 of the immigration laws. 

3 (2) AUTOMATIC STAYS.— 

4 (A) IN GENERAL.—A motion to vacate, 

5 modify, dissolve, or otherwise terminate an 

6 order granting prospective relief made by the 

7 United States Government in any civil action 

8 pertaining to the administration or enforcement 

9 of the immigration laws shall automatically, and 

10 without further order of the court, stay the 

11 order granting prospective relief on the date 

12 that is 15 days after the date on which such 

13 motion is filed unless the court previously has 

14 granted or denied the Government’s motion. 

15 (B) DURATION OF AUTOMATIC STAY.—An 

16 automatic stay under subparagraph (A) shall 

17 continue until the court enters an order grant18 ing or denying the Government’s motion. 

19 (C) POSTPONEMENT.—The court, for good 

20 cause, may postpone an automatic stay under 

21 subparagraph (A) for not longer than 15 days. 

22 (D) ORDERS BLOCKING AUTOMATIC

23 STAYS.—Any order staying, suspending, delay24 ing, or otherwise barring the effective date of 

25 the automatic stay described in subparagraph 


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1 (A), other than an order to postpone the effec2 tive date of the automatic stay for not longer 

3 than 15 days under subparagraph (C)— 

4 (i) shall be treated as an order refus5 ing to vacate, modify, dissolve, or otherwise 

6 terminate an injunction; and 

7 (ii) shall be immediately appealable 

8 under section 1292(a)(1) of title 28, 

9 United States Code. 

10 (d) SETTLEMENTS.— 

11 (1) CONSENT DECREES.—In any civil action 

12 pertaining to the administration or enforcement of 

13 the immigration laws of the United States, the court 

14 may not enter, approve, or continue a consent decree 

15 that does not comply with the requirements under 

16 subsection (b)(1). 

17 (2) PRIVATE SETTLEMENT AGREEMENTS.— 

18 Nothing in this subsection may be construed to pre19 clude parties from entering into a private settlement 

20 agreement that does not comply with subsection 

21 (b)(1). 

22 (e) EXPEDITED PROCEEDINGS.—It shall be the duty 

23 of every court to advance on the docket and to expedite 

24 the disposition of any civil action or motion considered 

25 under this section. 


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1 (f) CONSENT DECREE DEFINED.—In this section, 

2 the term ‘‘consent decree’’— 

3 (1) means any relief entered by the court that 

4 is based in whole or in part on the consent or acqui5 escence of the parties; and 

6 (2) does not include private settlements. 

7 SEC. 1575. USE OF 1986 IRCA LEGALIZATION INFORMATION 

8 FOR NATIONAL SECURITY PURPOSES. 

9 (a) SPECIAL AGRICULTURAL WORKERS.—Section 

10 210(b)(6) of the Immigration and Nationality Act (8 

11 U.S.C. 1160(b)(6)) is amended— 

12 (1) by striking ‘‘Attorney General’’ each place 

13 that term appears and inserting ‘‘Secretary’’; 

14 (2) in subparagraph (A), in the matter pre15 ceding clause (i), by striking ‘‘Justice’’ and inserting 

16 ‘‘Homeland Security’’; 

17 (3) by redesignating subparagraphs (C) and 

18 (D) as subparagraphs (D) and (E), respectively; 

19 (4) inserting after subparagraph (B) the fol20 lowing: 

21 ‘‘(C) AUTHORIZED DISCLOSURES.— 

22 ‘‘(i) CENSUS PURPOSE.—The Sec23 retary may provide, in the Secretary’s dis24 cretion, for the furnishing of information 

25 furnished under this section in the same 


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1 manner and circumstances as census infor2 mation may be disclosed under section 8 of 

3 title 13, United States Code.’’. 

4 ‘‘(ii) NATIONAL SECURITY PUR5 POSE.—The Secretary may provide, in the 

6 Secretary’s discretion, for the furnishing, 

7 use, publication, or release of information 

8 furnished under this section in any inves9 tigation, case, or matter, or for any pur10 pose, relating to terrorism, national intel11 ligence or the national security. 

12 ‘‘(iii) SUBSEQUENT APPLICATIONS

13 FOR IMMIGRATION BENEFITS.—The Sec14 retary may use the information furnished 

15 under this section to adjudicate subsequent 

16 applications, petitions, or requests for im17 migration benefits filed by the alien 

18 ‘‘(iv) ALIEN CONSENT.—The Sec19 retary may use the information furnished 

20 under this section for any purpose when 

21 the alien consents to its disclosure or use 

22 by the Secretary. 

23 ‘‘(v) OTHER CIRCUMSTANCES.—The 

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1 poses and in other circumstances in which 

2 disclosure of the information is not related 

3 to removal of the alien from the United 

4 States.’’; and 

5 (5) in subparagraph (D), as redesignated, strik6 ing ‘‘Service’’ and inserting ‘‘Department of Home7 land Security’’. 

8 (b) ADJUSTMENT OF STATUS.—Section 245A(c)(5) 

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

10 1255a(c)(5)) is amended— 

11 (1) by striking ‘‘Attorney General’’ each place 

12 that term appears and inserting ‘‘Secretary’’; 

13 (2) in subparagraph (A), in the matter pre14 ceding clause (i), by striking ‘‘Justice’’ and inserting 

15 ‘‘Homeland Security’’; and 

16 (3) by amending subparagraph (C) to read as 

17 follows: 

18 ‘‘(C) AUTHORIZED DISCLOSURES.— 

19 ‘‘(i) CENSUS PURPOSE.—The Sec20 retary may provide, in the Secretary’s dis21 cretion, for the furnishing of information 

22 furnished under this section in the same 

23 manner and circumstances as census infor24 mation may be disclosed under section 8 of 

25 title 13, United States Code. 


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1 ‘‘(ii) NATIONAL SECURITY PUR2 POSE.—The Secretary may provide, in the 

3 Secretary’s discretion, for the furnishing, 

4 use, publication, or release of information 

5 furnished under this section in any inves6 tigation, case, or matter, or for any pur7 pose, relating to terrorism, national intel8 ligence or the national security.’’. 

9 SEC. 1576. UNIFORM STATUTE OF LIMITATIONS FOR CER10 TAIN IMMIGRATION, NATURALIZATION, AND 

11 PEONAGE OFFENSES. 

12 Section 3291 of title 18, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 3291. Nationality, citizenship and passports 

15 ‘‘No person shall be prosecuted, tried, or punished 

16 for a violation of any section of chapter 69 (relating to 

17 nationality and citizenship offenses) or 75 (relating to 

18 passport, visa, and immigration offenses), for a violation 

19 of any criminal provision of sections 243, 274, 275, 276, 

20 277, or 278 of the Immigration and Nationality Act (8 

21 U.S.C. 1253, 1324, 1325, 1326, 1327, and 1328), or for 

22 an attempt or conspiracy to violate any such section, un23 less the indictment is returned or the information is filed 

24 within 10 years after the commission of the offense.’’. 


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1 SEC. 1577. CONFORMING AMENDMENT TO THE DEFINITION 

2 OF RACKETEERING ACTIVITY. 

3 Section 1961(1) of title 18, United States Code, is 

4 amended by striking ‘‘section 1542’’ and all that follows 

5 through ‘‘section 1546 (relating to fraud and misuse of 

6 visas, permits, and other documents)’’ and inserting ‘‘sec7 tions 1541 through 1547 (relating to passports and 

8 visas)’’. 

9 SEC. 1578. VALIDITY OF ELECTRONIC SIGNATURES. 

10 (a) CIVIL CASES.— 

11 (1) IN GENERAL.—Chapter 9 of title II of the 

12 Immigration and Nationality Act (8 U.S.C. 1351 et 

13 seq.), as amended by section 1126(a), is further 

14 amended by adding at the end the following: 

15 ‘‘SEC. 296. VALIDITY OF SIGNATURES. 

16 ‘‘(a) IN GENERAL.—In any proceeding, adjudication, 

17 or any other matter arising under the immigration laws, 

18 an individual’s hand written or electronic signature on any 

19 petition, application, or any other document executed or 

20 provided for any purpose under the immigration laws es21 tablishes a rebuttable presumption that the signature exe22 cuted is that of the individual signing, that the individual 

23 is aware of the contents of the document, and intends to 

24 sign it.’’. 

25 ‘‘(b) RECORD INTEGRITY.—The Secretary shall es26 tablish procedures to ensure that when any electronic sigVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 nature is captured for any petition, application, or other 

2 document submitted for purposes of obtaining an immi3 gration benefit, the identity of the person is verified and 

4 authenticated, and the record of such identification and 

5 verification is preserved for litigation purposes.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents in the first section of the Immigration and Na8 tionality Act is amended by inserting after the item 

9 relating to section 295, as added by section 

10 1126(a)(2), the following: 

‘‘Sec. 296. Validity of signatures.’’. 

11 (b) CRIMINAL CASES.— 

12 (1) IN GENERAL.—Chapter 223 of title 18, 

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 3513. Signatures relating to immigration matters 

16 ‘‘In a criminal proceeding in a court of the United 

17 States, if an individual’s handwritten or electronic signa18 ture appears on a petition, application, or other document 

19 executed or provided for any purpose under the immigra20 tion laws (as defined in section 101(a)(17) of the Immi21 gration and Nationality Act (8 U.S.C. 1101(a)(17)), the 

22 trier of fact may infer that the document was signed by 

23 that individual, and that the individual knew the contents 

24 of the document and intended to sign the document.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions for chapter 223 of title 18, United States 

3 Code, is amended by inserting after the item relating 

4 to section 3512 the following: 

‘‘3513. Signatures relating to immigration matters.’’. 

5 Subtitle F—Prohibition on Terror6 ists Obtaining Lawful Status in 

7 the United States 

8 CHAPTER 1—PROHIBITION ON ADJUST9 MENT TO LAWFUL PERMANENT RESI10 DENT STATUS 

11 SEC. 1601. LAWFUL PERMANENT RESIDENTS AS APPLI12 CANTS FOR ADMISSION. 

13 Section 101(a)(13)(C) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)(13)(C)) is amended— 

15 (1) in clause (v), by striking the ‘‘, or’’ and in16 serting a semicolon; 

17 (2) in clause (vi), by striking the period at the 

18 end and inserting ‘‘; or’’ and 

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

20 ‘‘(vii) is described in section 212(a)(3) or 

21 237(a)(4).’’. 

22 SEC. 1602. DATE OF ADMISSION FOR PURPOSES OF ADJUST23 MENT OF STATUS. 

24 (a) APPLICANTS FOR ADMISSION.—Section 

25 101(a)(13) of the Immigration and Nationality Act, as 


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1 amended by section 1601, is further amended by adding 

2 at the end the following: 

3 ‘‘(D) Notwithstanding subparagraph (A), adjustment 

4 of status of an alien to that of an alien lawfully admitted 

5 for permanent residence under section 245 or under any 

6 other provision of law is an admission of the alien.’’. 

7 (b) ELIGIBILITY TO BE REMOVED FOR A CRIME IN8 VOLVING MORAL TURPITUDE.—Section 

9 237(a)(2)(A)(i)(I) of the Immigration and Nationality Act 

10 (8 U.S.C. 1227(a)(2)(A)(i)(I)) is amended by striking 

11 ‘‘date of admission,’’ inserting ‘‘alien’s most recent date 

12 of admission;’’. 

13 SEC. 1603. PRECLUDING ASYLEE AND REFUGEE ADJUST14 MENT OF STATUS FOR CERTAIN GROUNDS OF 

15 INADMISSIBILITY AND DEPORTABILITY. 

16 (a) GROUNDS OF INADMISSIBILITY.—Section 209(c) 

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

18 1159(c)) is amended by striking ‘‘(other than paragraph 

19 (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph 

20 (3))’’, and inserting ‘‘(other than subparagraph (C) or (G) 

21 of paragraph (2) or subparagraph (A), (B), (C), (E), (F), 

22 or (G) of paragraph (3))’’. 

23 (b) GROUNDS OF DEPORTABILITY.—Section 209 of 

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1 section (a), is further amended by adding at the end the 

2 following: 

3 ‘‘(d) An alien’s status may not be adjusted under this 

4 section if the alien is deportable under any provision of 

5 section 237 (except subsections (a)(5) of such section).’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to— 

8 (1) any act that occurred before, on, or after 

9 the date of the enactment of this Act; and 

10 (2) all aliens who are required to establish ad11 missibility on or after such date, and in all removal, 

12 deportation, or exclusion proceedings that are filed, 

13 pending, or reopened, on or after such date. 

14 SEC. 1604. REVOCATION OF LAWFUL PERMANENT RESI15 DENT STATUS FOR HUMAN RIGHTS VIOLA16 TORS. 

17 Section 240(b)(5) of the Immigration and Nationality 

18 Act (8 U.S.C. 1229a(b)(5)) is amended by inserting at 

19 the end the following: 

20 ‘‘(F) ADDITIONAL APPLICATION TO CER21 TAIN ALIENS OUTSIDE THE UNITED STATES

22 WHO ARE ASSOCIATED WITH HUMAN RIGHTS

23 VIOLATIONS.—Subparagraphs (A) through (E) 

24 shall apply to any alien placed in proceedings 

25 under this section who— 


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1 ‘‘(i) is outside of the United States; 

2 ‘‘(ii) has received notice of pro3 ceedings under section 240(a) (either with4 in or outside of the United States); and 

5 ‘‘(iii) is described in section 

6 212(a)(2)(G) (officials who have committed 

7 particularly severe violations of religious 

8 freedom), 212(a)(3)(E) (Nazi persecution, 

9 genocide, extrajudicial killing, or torture), 

10 or 212(a)(3)(G) (recruitment or use of 

11 child soldiers).’’. 

12 SEC. 1605. REMOVAL OF CONDITION ON LAWFUL PERMA13 NENT RESIDENT STATUS PRIOR TO NATU14 RALIZATION. 

15 Chapter 2 of title II of the Immigration and Nation16 ality Act (8 U.S.C. 1181 et seq.) is amended— 

17 (1) in section 216(e) (8 U.S.C. 1186a(e)), by 

18 inserting ‘‘, if the alien has had the conditional basis 

19 removed pursuant to this section’’ before the period 

20 at the end; and 

21 (2) in section 216A(e) (8 U.S.C. 1186b(e)), by 

22 inserting ‘‘, if the alien has had the conditional basis 

23 removed pursuant to this section’’ before the period 

24 at the end. 


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1 SEC. 1606. PROHIBITION ON TERRORISTS AND ALIENS WHO 

2 POSE A THREAT TO NATIONAL SECURITY OR 

3 PUBLIC SAFETY FROM RECEIVING AN AD4 JUSTMENT OF STATUS. 

5 (a) APPLICATION FOR ADJUSTMENT OF STATUS IN

6 THE UNITED STATES.— 

7 (1) IN GENERAL.—Section 245 of the Immigra8 tion and Nationality Act (8 U.S.C. 1255) is amend9 ed by striking the section heading and subsection (a) 

10 and inserting the following: 

11 ‘‘SEC. 245. ADJUSTMENT OF STATUS TO THAT OF A PERSON 

12 ADMITTED FOR PERMANENT RESIDENCE. 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) ELIGIBILITY FOR ADJUSTMENT.—The sta15 tus of an alien who was inspected and admitted or 

16 paroled into the United States or the status of any 

17 other alien having an approved petition for classi18 fication as a VAWA self-petitioner may be adjusted 

19 by the Secretary or the Attorney General, in the dis20 cretion of the Secretary or the Attorney General, 

21 and under such regulations as the Secretary or the 

22 Attorney General may prescribe, to that of an alien 

23 lawfully admitted for permanent residence if— 

24 ‘‘(A) the alien makes an application for 

25 such adjustment; 


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1 ‘‘(B) the alien is eligible to receive an im2 migrant visa, is admissible to the United States 

3 for permanent residence, and is not subject to 

4 exclusion, deportation, or removal from the 

5 United States; and 

6 ‘‘(C) an immigrant visa is immediately 

7 available to the alien at the time the alien’s ap8 plication is filed. 

9 ‘‘(2) IMMEDIATELY AVAILABLE.—For purposes 

10 of this section, the term ‘immediately available’ 

11 means that on the date of filing of the application 

12 for adjustment of status, the visa category under 

13 which the alien is seeking permanent residence is 

14 current as determined by the Secretary of State and 

15 reflected in the Department of State’s visa bulletin 

16 for the month in which the application for adjust17 ment of status is filed. 

18 ‘‘(3) REQUIREMENT TO OBTAIN AN IMMIGRANT

19 VISA OUTSIDE THE UNITED STATES.—Notwith20 standing any other provision in this section, if the 

21 Secretary determines that an alien may be a threat 

22 to national security or public safety or if the Sec23 retary determines that a favorable exercise of discre24 tion to allow an alien to seek to adjust his or her 

25 status in the United States rather than to obtain an 


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1 immigrant visa outside of the United States is not 

2 warranted, the Secretary, in the Secretary’s sole and 

3 unreviewable discretion, may— 

4 ‘‘(A) prohibit the alien from seeking an ad5 justment of status under paragraph (1) while 

6 the alien is present in the United States; and 

7 ‘‘(B) require the alien to seek permanent 

8 residence by applying for an immigrant visa at 

9 a United States embassy or consulate in the 

10 alien’s home country or other foreign country, 

11 as designated by the Secretary of State.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents in the first section of the Immigration and Na14 tionality Act is amended by striking the item relat15 ing to section 245 and inserting the following: 

‘‘Sec. 245. Adjustment of status to that of a person admitted for permanent 

residence.’’. 

16 (b) PROHIBITION ON TERRORISTS AND ALIENS WHO

17 POSE A THREAT TO NATIONAL SECURITY OR PUBLIC

18 SAFETY ON ADJUSTMENT TO LAWFUL PERMANENT RESI19 DENT STATUS.—Section 245(c) of the Immigration and 

20 Nationality Act (8 U.S.C. 1255(c)) is amended to read 

21 as follows: 

22 ‘‘(c) ALIENS NOT ELIGIBLE FOR ADJUSTMENT OF

23 STATUS.—Except for an alien having an approved petition 


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1 for classification as a VAWA self-petitioner, subsection (a) 

2 shall not apply to— 

3 ‘‘(1) an alien crewman; 

4 ‘‘(2) subject to subsection (k), any alien (other 

5 than an immediate relative defined in section 201(b) 

6 or a special immigrant described in subparagraph 

7 (H), (I), (J), or (K) of section 101(a)(27)) who— 

8 ‘‘(A) continues in or accepts unauthorized 

9 employment before filing an application for ad10 justment of status; 

11 ‘‘(B) is in unlawful immigration status on 

12 the date he or she files an application for ad13 justment of status; or 

14 ‘‘(C) has failed (other than through no 

15 fault of his or her own or for technical reasons) 

16 to maintain continuously a lawful status since 

17 entry into the United States; 

18 ‘‘(3) any alien admitted in transit without visa 

19 under section 212(d)(4)(C); 

20 ‘‘(4) an alien (other than an immediate relative 

21 as defined in section 201(b)) who was admitted as 

22 a nonimmigrant visitor without a visa under section 

23 212(l) or section 217; 

24 ‘‘(5) an alien who was admitted as a non25 immigrant under section 101(a)(15)(S); 


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1 ‘‘(6) an alien described in subparagraph (B), 

2 (F), or (G) of section 237(a)(4); 

3 ‘‘(7) any alien who seeks adjustment of status 

4 to that of an immigrant under section 203(b) and is 

5 not in a lawful nonimmigrant status; 

6 ‘‘(8) any alien who has committed, ordered, in7 cited, assisted, or otherwise participated in the per8 secution of any person on account of race, religion, 

9 nationality, membership in a particular social group, 

10 or political opinion; or 

11 ‘‘(9) any alien who— 

12 ‘‘(A) was employed while the alien was an 

13 unauthorized alien (as defined in section 

14 274A(h)(3)); or 

15 ‘‘(B) has otherwise violated the terms of a 

16 nonimmigrant visa.’’. 

17 SEC. 1607. TREATMENT OF APPLICATIONS FOR ADJUST18 MENT OF STATUS DURING PENDING 

19 DENATURALIZATION PROCEEDINGS. 

20 Section 245 of the Immigration and Nationality Act 

21 (8 U.S.C. 1451), as amended by section 1606, is further 

22 amended by adding at the end the following: 

23 ‘‘(n) An application for adjustment of status may not 

24 be considered or approved by the Secretary or the Attor25 ney General, and no court may order the approval of an 


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1 application for adjustment of status if the approved peti2 tion for classification under section 204 that is the under3 lying basis for the application for adjustment of status was 

4 filed by an individual who has a judicial proceeding pend5 ing against him or her that would result in the revocation 

6 of the individual’s naturalization under section 340.’’. 

7 SEC. 1608. EXTENSION OF TIME LIMIT TO PERMIT RESCIS8 SION OF PERMANENT RESIDENT STATUS. 

9 Section 246 of the Immigration and Nationality Act 

10 (8 U.S.C. 1256(a)) is amended— 

11 (1) in subsection (a)— 

12 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

13 (B) by striking ‘‘within five years’’ and in14 serting ‘‘within 10 years’’; 

15 (C) by striking ‘‘Attorney General’’ each 

16 place that term appears and inserting ‘‘Sec17 retary’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(2) In any removal proceeding involving an alien 

20 whose status has been rescinded under this subsection, the 

21 determination by the Secretary that the alien was not eli22 gible for adjustment of status is not subject to review or 

23 reconsideration during such proceedings.’’. 

24 (2) by redesignating subsection (b) as sub25 section (c); and 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) Nothing in subsection (a) may be construed to 

4 require the Secretary to rescind the alien’s status before 

5 the commencement of removal proceedings under section 

6 240. The Secretary may commence removal proceedings 

7 at any time against any alien who is removable, including 

8 aliens whose status was adjusted to that of an alien law9 fully admitted for permanent residence under section 245 

10 or 249 or under any other provision of law. There is no 

11 statute of limitations with respect to the commencement 

12 of removal proceedings under section 240. An order of re13 moval issued by an immigration judge shall be sufficient 

14 to rescind the alien’s status.’’. 

15 SEC. 1609. BARRING PERSECUTORS AND TERRORISTS 

16 FROM REGISTRY. 

17 Section 249 of the Immigration and Nationality Act 

18 (8 U.S.C. 1259) is amended to read as follows: 

19 ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESI20 DENCE IN THE CASE OF CERTAIN ALIENS 

21 WHO ENTERED THE UNITED STATES PRIOR 

22 TO JANUARY 1, 1972. 

23 ‘‘(a) IN GENERAL.—The Secretary, in the discretion 

24 of the Secretary and under such regulations as the Sec25 retary may prescribe, may enter a record of lawful admisVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 sion for permanent residence in the case of any alien, if 

2 no such record is otherwise available and the alien— 

3 ‘‘(1) entered the United States before January 

4 1, 1972; 

5 ‘‘(2) has continuously resided in the United 

6 States since such entry; 

7 ‘‘(3) has been a person of good moral character 

8 since such entry; 

9 ‘‘(4) is not ineligible for citizenship; 

10 ‘‘(5) is not described in paragraph (1)(A)(iv), 

11 (2), (3), (6)(C), (6)(E), (8), or (9)(C) of section 

12 212(a); 

13 ‘‘(6) is not described in paragraph (1)(E), 

14 (1)(G), (2), (4) of section 237(a); and 

15 ‘‘(7) did not, at any time, without reasonable 

16 cause, fail or refuse to attend or remain in attend17 ance at a proceeding to determine the alien’s inad18 missibility or deportability. 

19 ‘‘(b) RECORDATION DATE OF PERMANENT RESI20 DENCE.—The record of an alien’s lawful admission for 

21 permanence residence shall be the date on which the Sec22 retary approves the application for such status under this 

23 section.’’. 


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1 CHAPTER 2—PROHIBITION ON NATU2 RALIZATION AND UNITED STATES 

3 CITIZENSHIP 

4 SEC. 1621. BARRING TERRORISTS FROM BECOMING NATU5 RALIZED UNITED STATES CITIZENS. 

6 (a) IN GENERAL.—Section 316 of the Immigration 

7 and Nationality Act (8 U.S.C. 1427) is amended by add8 ing at the end the following: 

9 ‘‘(g)(1)(A) Except as provided in subparagraph (B), 

10 no person may be naturalized if the Secretary makes a 

11 determination, in the discretion of the Secretary, that the 

12 alien is described in section 212(a)(3) or 237(a)(4) at any 

13 time, including any period before or after the filing of an 

14 application for naturalization. 

15 ‘‘(B) Subparagraph (A) shall not apply to an alien 

16 described in section 212(a)(3) if— 

17 ‘‘(i) the alien received an exemption under sec18 tion 212(d)(3)(B)(i); and 

19 ‘‘(ii) the only conduct or actions by the alien 

20 that are described in section 212(a)(3) (and would 

21 bar the alien from naturalization under this para22 graph) are specifically covered by the exemption re23 ferred to in clause (i). 


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1 ‘‘(2) A determination under paragraph (1) may be 

2 based upon any relevant information or evidence, includ3 ing classified, sensitive, or national security information.’’. 

4 (b) APPLICABILITY TO CITIZENSHIP THROUGH NAT5 URALIZATION OF PARENT OR SPOUSE.—Section 340(d) of 

6 the Immigration and Nationality Act (8 U.S.C. 1451(e)) 

7 is amended— 

8 (1) by striking the first sentence and inserting 

9 the following: 

10 ‘‘(1) A person who claims United States citizenship 

11 through the naturalization of a parent or spouse shall be 

12 deemed to have lost his or her citizenship, and any right 

13 or privilege of citizenship which he or she may have ac14 quired, or may hereafter acquire by virtue of the natu15 ralization of such parent or spouse, if the order granting 

16 citizenship to such parent or spouse is revoked and set 

17 aside under the provisions of— 

18 ‘‘(A) subsection (a) on the ground that the 

19 order and certificate of naturalization were procured 

20 by concealment of a material fact or by willful mis21 representation; or 

22 ‘‘(B) subsection (e) pursuant to a conviction 

23 under section 1425 of title 18, United States 

24 Code.’’. 


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1 (2) by striking ‘‘Any person’’ and inserting the 

2 following: 

3 ‘‘(2) Any person’’. 

4 SEC. 1622. TERRORIST BAR TO GOOD MORAL CHARACTER. 

5 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

6 Section 101(f) of the Immigration and Nationality Act (8 

7 U.S.C. 1101(f)), as amended by sections 1510(e) and 

8 1512, is further amended— 

9 (1) in paragraph (8), by inserting ‘‘, regardless 

10 of whether the crime was classified as an aggravated 

11 felony at the time of conviction’’ before the semi12 colon at the end; 

13 (2) by inserting after paragraph (10), as added 

14 by section 1510(e)(3), the following: 

15 ‘‘(11) one who the Secretary or the Attorney 

16 General determines, in the unreviewable discretion of 

17 the Secretary or the Attorney General, to have been 

18 an alien described in section 212(a)(3) or 237(a)(4), 

19 which determination— 

20 ‘‘(A) may be based upon any relevant in21 formation or evidence, including classified, sen22 sitive, or national security information; and 

23 ‘‘(B) shall be binding upon any court re24 gardless of the applicable standard of review.’’; 

25 and 


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1 (3) in the undesignated matter at the end, by 

2 striking the first sentence and inserting following: 

3 ‘‘The fact that a person is not within any of the foregoing 

4 classes shall not preclude a discretionary finding for other 

5 reasons that such a person is or was not of good moral 

6 character. The Secretary or the Attorney General shall not 

7 be limited to the applicant’s conduct during the period for 

8 which good moral character is required, but may take into 

9 consideration as a basis for determination the applicant’s 

10 conduct and acts at any time. The Secretary or the Attor11 ney General, in the unreviewable discretion of the Sec12 retary or the Attorney General, may determine that para13 graph (8) shall not apply to a single aggravated felony 

14 conviction (other than murder, manslaughter, homicide, 

15 rape, or any sex offense when the victim of such sex of16 fense was a minor) for which completion of the term of 

17 imprisonment or the sentence (whichever is later) occurred 

18 15 years or longer before the date on which the person 

19 filed an application under this Act.’’. 

20 (b) AGGRAVATED FELONS.—Section 509(b) of the 

21 Immigration Act of 1990 (Public Law 101–649; 8 U.S.C. 

22 1101 note) is amended by striking ‘‘convictions’’ and all 

23 that follows and inserting ‘‘convictions occurring before, 

24 on, or after such date.’’. 

25 (c) EFFECTIVE DATES; APPLICATION.— 


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1 (1) SUBSECTIONS (a).—The amendments made 

2 by subsection (a) shall take effect on the date of the 

3 enactment of this Act, shall apply to any act that oc4 curred before, on, or after such date of enactment, 

5 and shall apply to any application for naturalization 

6 or any other benefit or relief, or any other case or 

7 matter under the immigration laws pending on or 

8 filed after such date of enactment. 

9 (2) SUBSECTION (b).—The amendment made 

10 by subsection (b) shall take effect as if included in 

11 the enactment of the Intelligence Reform and Ter12 rorism Prevention Act of 2004 (Public Law 108– 

13 458). 

14 SEC. 1623. PROHIBITION ON JUDICIAL REVIEW OF NATU15 RALIZATION APPLICATIONS FOR ALIENS IN 

16 REMOVAL PROCEEDINGS. 

17 Section 318 of the Immigration and Nationality Act 

18 (8 U.S.C. 1429) is amended to read as follows: 

19 ‘‘SEC. 318. PREREQUISITE TO NATURALIZATION; BURDEN 

20 OF PROOF. 

21 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

22 this chapter, no person may be naturalized unless he or 

23 she has been lawfully admitted to the United States for 

24 permanent residence in accordance with all applicable pro25 visions of this chapter. 


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1 ‘‘(b) BURDEN OF PROOF.—Such person shall have 

2 the burden of proof to show that he or she entered the 

3 United States lawfully, and the time, place, and manner 

4 of such entry into the United States, but in presenting 

5 such proof the person shall be entitled to the production 

6 of his or her immigrant visa, if any, or of other entry docu7 ment, if any, and of any other documents and records, 

8 not considered by the Secretary to be confidential, per9 taining to such entry, in the custody of the Department 

10 of Homeland Security. 

11 ‘‘(c) LIMITATIONS ON REVIEW.—Notwithstanding 

12 section 405(b), and except as provided in sections 328 and 

13 329— 

14 ‘‘(1) no person may be naturalized against 

15 whom there is outstanding a final finding of re16 moval, exclusion, or deportation; 

17 ‘‘(2) no application for naturalization may be 

18 considered by the Secretary or by any court if there 

19 is pending against the applicant any removal pro20 ceeding or other proceeding to determine whether 

21 the applicant’s lawful permanent resident status 

22 should be rescinded, regardless of when such pro23 ceeding was commenced; and 

24 ‘‘(3) the findings of the Attorney General in 

25 terminating removal proceedings or in cancelling the 


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1 removal of an alien pursuant to this Act may not be 

2 deemed binding in any way upon the Secretary with 

3 respect to the question of whether such person has 

4 established his or her eligibility for naturalization 

5 under this Act.’’. 

6 SEC. 1624. LIMITATION ON JUDICIAL REVIEW WHEN AGEN7 CY HAS NOT MADE DECISION ON NATU8 RALIZATION APPLICATION AND ON DENIALS. 

9 (a) LIMITATION ON REVIEW OF PENDING NATU10 RALIZATION APPLICATIONS.—Section 336(b) of the Immi11 gration and Nationality Act (8 U.S.C. 1447(b)) is amend12 ed to read as follows: 

13 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

14 COURT.—If no final administrative determination is made 

15 on an application for naturalization under section 335 be16 fore the end of the 180-day period beginning on the date 

17 on which the Secretary completes all examinations and 

18 interviews under such section (as such terms are defined 

19 by the Secretary, by regulation), the applicant may apply 

20 to the district court for the district in which the applicant 

21 resides for a hearing on the matter. Such court shall only 

22 have jurisdiction to review the basis for delay and remand 

23 the matter to the Secretary for the Secretary’s determina24 tion on the application.’’. 


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1 (b) LIMITATIONS ON REVIEW OF DENIAL.—Section 

2 310(c) of the Immigration and Nationality Act (8 U.S.C. 

3 1421(c)) is amended to read as follows: 

4 ‘‘(c) JUDICIAL REVIEW.— 

5 ‘‘(1) JUDICIAL REVIEW OF DENIAL.—A person 

6 whose application for naturalization under this title 

7 is denied may, not later than 120 days after the 

8 date of the Secretary’s administratively final deter9 mination on the application and after a hearing be10 fore an immigration officer under section 336(a), 

11 seek review of such denial before the United States 

12 district court for the district in which such person 

13 resides in accordance with chapter 7 of title 5, 

14 United States Code. 

15 ‘‘(2) BURDEN OF PROOF.—The petitioner shall 

16 have burden of proof to show that the Secretary’s 

17 denial of the application for naturalization was not 

18 supported by facially legitimate and bona fide rea19 sons. 

20 ‘‘(3) LIMITATIONS ON REVIEW.—Except in a 

21 proceeding under section 340, and notwithstanding 

22 any other provision of law, including section 2241 of 

23 title 28, United States Code, any other habeas cor24 pus provision, and sections 1361 and 1651 of such 

25 title, no court shall have jurisdiction to determine, or 


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1 to review a determination of the Secretary made at 

2 any time regarding, whether, for purposes of an ap3 plication for naturalization, an alien— 

4 ‘‘(A) is a person of good moral character; 

5 ‘‘(B) understands and is attached to the 

6 principles of the Constitution of the United 

7 States; or 

8 ‘‘(C) is well disposed to the good order and 

9 happiness of the United States.’’. 

10 (c) EFFECTIVE DATE; APPLICATION.—The amend11 ments made by this section— 

12 (1) shall take effect on the date of the enact13 ment of this Act; 

14 (2) shall apply to any act that occurred before, 

15 on, or after such date of enactment; and 

16 (3) shall apply to any application for natu17 ralization or any other case or matter under the im18 migration laws that is pending on, or filed after, 

19 such date of enactment. 

20 SEC. 1625. CLARIFICATION OF DENATURALIZATION AU21 THORITY. 

22 Section 340 of the Immigration and Nationality Act 

23 (8 U.S.C. 1451) is amended— 


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1 (1) in subsection (a), by striking ‘‘United 

2 States attorneys for the respective districts’’ and in3 serting ‘‘Attorney General’’; and 

4 (2) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) The Government shall have the burden of proof 

7 to establish, by clear, unequivocal, and convincing evi8 dence, that an order granting citizenship to an alien 

9 should be revoked and a certificate of naturalization can10 celled because such order and certificate were illegally pro11 cured or were procured by concealment of a material fact 

12 or by willful misrepresentation.’’. 

13 SEC. 1626. DENATURALIZATION OF TERRORISTS. 

14 (a) DENATURALIZATION FOR TERRORISTS ACTIVI15 TIES.—Section 340 of the Immigration and Nationality 

16 Act, as amended by section 1625, is further amended— 

17 (1) by redesignating subsections (d) through (h) 

18 as subsections (f) through (j), respectively; and 

19 (2) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d)(1) If a person who has been naturalized, during 

22 the 15-year period after such naturalization, participates 

23 in any act described in paragraph (2)— 

24 ‘‘(A) such act shall be considered prima facie 

25 evidence that such person was not attached to the 


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1 principles of the Constitution of the United States 

2 and was not well disposed to the good order and 

3 happiness of the United States at the time of natu4 ralization; and 

5 ‘‘(B) in the absence of countervailing evidence, 

6 such act shall be sufficient in the proper proceeding 

7 to authorize the revocation and setting aside of the 

8 order admitting such person to citizenship and the 

9 cancellation of the certificate of naturalization as 

10 having been obtained by concealment of a material 

11 fact or by willful misrepresentation; and 

12 ‘‘(C) such revocation and setting aside of the 

13 order admitting such person to citizenship and such 

14 canceling of certificate of naturalization shall be ef15 fective as of the original date of the order and cer16 tificate, respectively. 

17 ‘‘(2) The acts described in this paragraph that shall 

18 subject a person to a revocation and setting aside of his 

19 or her naturalization under paragraph (1)(B) are— 

20 ‘‘(A) any activity a purpose of which is the op21 position to, or the control or overthrow of, the Gov22 ernment of the United States by force, violence, or 

23 other unlawful means; 

24 ‘‘(B) engaging in a terrorist activity (as defined 

25 in clauses (iii) and (iv) of section 212(a)(3)(B)); 


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1 ‘‘(C) incitement of terrorist activity under cir2 cumstances indicating an intention to cause death or 

3 serious bodily harm; and 

4 ‘‘(D) receiving military-type training (as defined 

5 in section 2339D(c)(1) of title 18, United States 

6 Code) from or on behalf of any organization that, at 

7 the time the training was received, was a terrorist 

8 organization (as defined in section 

9 212(a)(3)(B)(vi)).’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 subsection (a) shall take effect on the date of the enact12 ment of this Act and shall apply to acts that occur on 

13 or after such date. 

14 SEC. 1627. TREATMENT OF PENDING APPLICATIONS DUR15 ING DENATURALIZATION PROCEEDINGS. 

16 (a) IN GENERAL.—Section 204(b) of the Immigra17 tion and Nationality Act (8 U.S.C. 1154(b)) is amended— 

18 (1) by striking ‘‘After’’ and inserting ‘‘(1) Ex19 cept as provided in paragraph (2), after’’; and 

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

21 ‘‘(2) The Secretary may not adjudicate or approve 

22 any petition filed under this section by an individual who 

23 has a judicial proceeding pending against him or her that 

24 would result in the individual’s denaturalization under sec25 tion 340 until— 


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1 ‘‘(A) such proceedings have concluded; and 

2 ‘‘(B) the period for appeal has expired or any 

3 appeals have been finally decided, if applicable.’’. 

4 (b) WITHHOLDING OF IMMIGRATION BENEFITS.— 

5 Section 340 of the Immigration and Nationality Act (8 

6 U.S.C. 1451), as amended by section 1626, is further 

7 amended by inserting after subsection (d), as added by 

8 section 1626(a)(2), the following: 

9 ‘‘(e) The Secretary may not approve any application, 

10 petition, or request for any immigration benefit from an 

11 individual against whom there is a judicial proceeding 

12 pending that would result in the individual’s 

13 denaturalization under this section until— 

14 ‘‘(1) such proceedings have concluded; and 

15 ‘‘(2) the period for appeal has expired or any 

16 appeals have been finally decided, if applicable.’’. 

17 SEC. 1628. NATURALIZATION DOCUMENT RETENTION. 

18 (a) IN GENERAL.—Chapter 2 of title III of the Immi19 gration and Nationality Act (8 U.S.C. 1421 et seq.) is 

20 amended by inserting after section 344 the following: 

21 ‘‘SEC. 345. NATURALIZATION DOCUMENT RETENTION. 

22 ‘‘(a) IN GENERAL.—The Secretary shall retain all 

23 documents described in subsection (b) for a minimum of 

24 7 years for law enforcement and national security inves25 tigations and for litigation purposes, regardless of whether 


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1 such documents are scanned into U.S. Citizenship and Im2 migration Services’ electronic immigration system or 

3 stored in any electronic format. 

4 ‘‘(b) DOCUMENTS TO BE RETAINED.—The docu5 ments described in this subsection are— 

6 ‘‘(1) the original paper naturalization applica7 tion and all supporting paper documents submitted 

8 with the application at the time of filing, subsequent 

9 to filing, and during the course of the naturalization 

10 interview; and 

11 ‘‘(2) any paper documents submitted in connec12 tion with an application for naturalization that is 

13 filed electronically.’’. 

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

15 in the first section of the Immigration and Nationality Act 

16 is amended by inserting after the item relating to section 

17 344 the following: 

‘‘Sec. 345. Naturalization document retention.’’. 

18 CHAPTER 3—FORFEITURE OF PROCEEDS 

19 FROM PASSPORT AND VISA OFFENSES, 

20 AND PASSPORT REVOCATION. 

21 SEC. 1631. FORFEITURE OF PROCEEDS FROM PASSPORT 

22 AND VISA OFFENSES. 

23 Section 981(a)(1) of title 18, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(J) Any property, real or personal, that has 

2 been used to commit or facilitate the commission of 

3 a violation of chapter 75, the gross proceeds of such 

4 violation, and any property traceable to any such 

5 property or proceeds.’’. 

6 SEC. 1632. PASSPORT REVOCATION ACT. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Passport Revocation Act’’. 

9 (b) REVOCATION OR DENIAL OF PASSPORTS AND

10 PASSPORT CARDS TO INDIVIDUALS WHO ARE AFFILI11 ATED WITH FOREIGN TERRORIST ORGANIZATIONS.—The 

12 Act entitled ‘‘An Act to regulate the issue and validity of 

13 passports, and for other purposes’’, approved July 3, 1926 

14 (22 U.S.C. 211a et seq.), which is commonly known as 

15 the ‘‘Passport Act of 1926’’, is amended by adding at the 

16 end the following: 

17 ‘‘SEC. 5. AUTHORITY TO DENY OR REVOKE PASSPORT AND 

18 PASSPORT CARD. 

19 ‘‘(a) INELIGIBILITY.— 

20 ‘‘(1) ISSUANCE.—Except as provided under 

21 subsection (b), the Secretary of State shall refuse to 

22 issue a passport or passport card to any individual— 

23 ‘‘(A) who has been convicted under chapter 

24 113B of title 18, United States Code; or 


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1 ‘‘(B)(i) whom the Secretary has deter2 mined is a member of or is otherwise affiliated 

3 with an organization the Secretary has des4 ignated as a foreign terrorist organization pur5 suant to section 219 of the Immigration and 

6 Nationality Act (8 U.S.C. 1189); or 

7 ‘‘(ii) has aided, abetted, or provided mate8 rial support to such an organization. 

9 ‘‘(2) REVOCATION.—The Secretary of State 

10 shall revoke a passport previously issued to any indi11 vidual described in paragraph (1). 

12 ‘‘(b) EXCEPTIONS.— 

13 ‘‘(1) EMERGENCY CIRCUMSTANCES, HUMANI14 TARIAN REASONS, AND LAW ENFORCEMENT PUR15 POSES.—Notwithstanding subsection (a), the Sec16 retary of State may issue, or decline to revoke, a 

17 passport of an individual described in such sub18 section in emergency circumstances, for humani19 tarian reasons, or for law enforcement purposes. 

20 ‘‘(2) LIMITATION FOR RETURN TO UNITED

21 STATES.—Notwithstanding subsection (a)(2), the 

22 Secretary of State, before revocation, may— 

23 ‘‘(A) limit a previously issued passport for 

24 use only for return travel to the United States; 

25 or 


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1 ‘‘(B) issue a limited passport that only 

2 permits return travel to the United States. 

3 ‘‘(c) RIGHT OF REVIEW.—Any individual who, in ac4 cordance with this section, is denied issuance of a passport 

5 by the Secretary of State, or whose passport is revoked 

6 or otherwise limited by the Secretary of State, may re7 quest a hearing before the Secretary of State not later 

8 than 60 days after receiving notice of such denial, revoca9 tion, or limitation. 

10 ‘‘(d) REPORT.—If the Secretary of State denies, 

11 issues, limits, or declines to revoke a passport or passport 

12 card under subsection (b), the Secretary, not later than 

13 30 days after such denial, issuance, limitation, or revoca14 tion, shall submit a report to Congress that describes such 

15 denial, issuance, limitation, or revocation, as the case may 

16 be.’’. 

17 TITLE II—ASYLUM REFORM AND 

18 BORDER PROTECTION ACT 

19 OF 2017 

20 SEC. 2001. SHORT TITLE. 

21 This title may be cited as the ‘‘Asylum Reform and 

22 Border Protection Act of 2017’’. 


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1 SEC. 2002. CLARIFICATION OF INTENT REGARDING TAX2 PAYER-PROVIDED COUNSEL. 

3 Section 292 of the Immigration and Nationality Act 

4 (8 U.S.C. 1362) is amended— 

5 (1) by striking ‘‘(at no expense to the Govern6 ment)’’; and 

7 (2) by adding at the end the following: ‘‘Not8 withstanding any other provision of law, the Govern9 ment may not bear any expense for counsel for any 

10 person in removal proceedings or in any appeal pro11 ceedings before the Attorney General from any such 

12 removal proceedings.’’. 

13 SEC. 2003. UNACCOMPANIED ALIEN CHILD DEFINED. 

14 (a) IN GENERAL.—Section 462(g)(2) of the Home15 land Security Act of 2002 (6 U.S.C. 279(g)(2)) is amend16 ed to read as follows: 

17 ‘‘(2) the term ‘unaccompanied alien child’— 

18 ‘‘(A) means an alien who— 

19 ‘‘(i) has no lawful immigration status 

20 in the United States; 

21 ‘‘(ii) has not attained 18 years of age; 

22 and 

23 ‘‘(iii) with respect to whom— 

24 ‘‘(I) there is no parent or legal 

25 guardian in the United States; 


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1 ‘‘(II) no parent or legal guardian 

2 in the United States is available to 

3 provide care and physical custody; or 

4 ‘‘(III) no sibling older than 18 

5 years of age and no aunt, uncle, 

6 grandparent, or cousin older than 18 

7 years of age is available to provide 

8 care and physical custody; and 

9 ‘‘(B) does not include an alien if, at any 

10 time, the alien’s parent, legal guardian, sibling 

11 older than 18 years of age, or aunt, uncle, 

12 grandparent, or cousin older than 18 years of 

13 age is found in the United States and is avail14 able to provide care and physical custody.’’. 

15 (b) REVOCATION OF DESIGNATION.—The Secretary 

16 of Homeland Security and the Secretary of Health and 

17 Human Services shall revoke any designation of an alien 

18 as an unaccompanied alien child under section 462(g)(2) 

19 of the Homeland Security Act of 2002, as amended by 

20 subsection (a), upon the discovery of a relative of such 

21 alien described in subparagraph (B) of such section. 


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1 SEC. 2004. MODIFICATIONS TO PREFERENTIAL AVAIL2 ABILITY FOR ASYLUM FOR UNACCOMPANIED 

3 ALIEN MINORS. 

4 Section 208 of the Immigration and Nationality Act 

5 (8 U.S.C. 1158) is amended— 

6 (1) in subsection (a)(2), by striking subpara7 graph (E); and 

8 (2) in subsection (b)(3), by striking subpara9 graph (C). 

10 SEC. 2005. INFORMATION SHARING BETWEEN THE DEPART11 MENT OF HEALTH AND HUMAN SERVICES 

12 AND THE DEPARTMENT OF HOMELAND SECU13 RITY. 

14 Section 235(b) of the William Wilberforce Trafficking 

15 Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

16 1232(b)) is amended by adding at the end the following: 

17 ‘‘(5) INFORMATION SHARING.—The Secretary 

18 of Health and Human Services shall share with the 

19 Secretary of Homeland Security any information re20 quested on a child who has been determined to be 

21 an unaccompanied alien child and who is or has 

22 been in the custody of the Secretary of Health and 

23 Human Services, including the location of the child 

24 and any person to whom custody of the child has 

25 been transferred, for any legitimate law enforcement 


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1 objective, including enforcement of the immigration 

2 laws.’’. 

3 SEC. 2006. REPORTS. 

4 (a) IN GENERAL.—Not later than 6 months after the 

5 date of the enactment of this Act, and annually thereafter, 

6 the Secretary of State and the Secretary of Health and 

7 Human Services, with assistance from the Secretary of 

8 Homeland Security, shall submit a report to the Com9 mittee on the Judiciary of the Senate and the Committee 

10 on the Judiciary of the House of Representatives that de11 scribes efforts to improve repatriation programs for unac12 companied alien children (as defined in section 462(g)(2) 

13 of the Homeland Security Act of 2002 (6 U.S.C. 

14 279(g)(2)), including— 

15 (1) the average time such a child is detained 

16 after apprehension until removal; 

17 (2) the number of such children detained im18 properly beyond the required periods described in 

19 paragraphs (2) and (3) of section 235(b) of the Wil20 liam Wilberforce Trafficking Victims Protection Re21 authorization Act of 2008 (8 U.S.C. 1232(b)); and 

22 (3) a statement of the funds used to effectuate 

23 the repatriation of such children, including any 

24 funds that were reallocated from foreign assistance 

25 accounts as of the date of the enactment of this Act. 


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1 (b) EFFECTIVE DATE.—This section shall take effect 

2 on the date of the enactment of this Act and shall apply 

3 with respect to any unaccompanied alien child (as defined 

4 in section 462(g)(2) of the Homeland Security Act of 2002 

5 (6 U.S.C. 279(g)(2)) apprehended on or after such date. 

6 SEC. 2007. TERMINATION OF ASYLUM STATUS PURSUANT 

7 TO RETURN TO HOME COUNTRY. 

8 (a) TERMINATION OF STATUS.—Except as provided 

9 in subsections (b) and (c), any alien who is granted asylum 

10 or refugee status under the Immigration and Nationality 

11 Act (8 U.S.C. 1101 et seq.) shall have his or her asylum 

12 status terminated if the alien— 

13 (1) applied for such status because of persecu14 tion or a well-founded fear of persecution in that 

15 country on account of race, religion, nationality, 

16 membership in a particular social group, or political 

17 opinion; and 

18 (2) without a compelling reason, as determined 

19 by the Secretary of Homeland Security— 

20 (A) subsequently returns to the country of 

21 such alien’s nationality; or 

22 (B) in the case of an alien having no na23 tionality, subsequently returns to any country 

24 in which such alien last habitually resided. 


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1 (b) WAIVER.—The Secretary may waive the applica2 tion of subsection (a) if the Secretary determines that the 

3 alien had a compelling reason for a return described in 

4 subsection (a). The waiver may be sought before the 

5 alien’s departure from the United States or upon the 

6 alien’s return to the United States. 

7 (c) EXCEPTION FOR CERTAIN ALIENS FROM

8 CUBA.—Subsection (a) shall not apply to an alien who is 

9 eligible for adjustment to the status of an alien lawfully 

10 admitted for permanent residence pursuant to the Cuban 

11 Adjustment Act of 1966 (Public Law 89–732). 

12 SEC. 2008. ASYLUM CASES FOR HOME SCHOOLERS. 

13 (a) IN GENERAL.—Section 101(a)(42) of the Immi14 gration and Nationality Act (8 U.S.C. 1101(a)(42)) is 

15 amended by adding at the end the following: ‘‘For pur16 poses of determinations under this Act, a person who has 

17 been persecuted for failure or refusal to comply with any 

18 law or regulation that prevents the exercise of the indi19 vidual right of that person to direct the upbringing and 

20 education of a child of that person (including any law or 

21 regulation preventing homeschooling), or for other resist22 ance to such a law or regulation, shall be deemed to have 

23 been persecuted on account of membership in a particular 

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1 ure, refusal, or resistance shall be deemed to have a well 

2 founded fear of persecution on account of membership in 

3 a particular social group.’’. 

4 (b) NUMERICAL LIMITATION.—Section 207(a) of the 

5 Immigration and Nationality Act (8 U.S.C. 1157(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(5) For any fiscal year, not more than 500 aliens 

8 may be admitted under this section, or granted asylum 

9 under section 208, pursuant to a determination under sec10 tion 101(a)(42) that the alien is described in the last sen11 tence of section 101(a)(42), as added by section 2008 of 

12 the Asylum Reform and Border Protection Act of 2017.’’. 

13 (c) EFFECTIVE DATES.— 

14 (1) IN GENERAL.—The amendment made by 

15 subsection (a) shall take effect on the date of the en16 actment of this Act and shall apply to failure or re17 fusal to comply with a law or regulation, or other re18 sistance to a law or regulation, occurring before, on, 

19 or after such date. 

20 (2) NUMERICAL LIMITATION.—The amendment 

21 made by subsection (b) shall take effect beginning 

22 on the first day of the first fiscal year beginning 

23 after the date of the enactment of this Act. 


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1 SEC. 2009. NOTICE CONCERNING FRIVOLOUS ASYLUM AP2 PLICATIONS:. 

3 (a) IN GENERAL.—Section 208(d)(4) of the Immi4 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

5 amended— 

6 (1) in the matter preceding subparagraph (A), 

7 by inserting ‘‘the Secretary of Homeland Security 

8 or’’ before ‘‘the Attorney General’’; 

9 (2) in subparagraph (A), by striking ‘‘and of 

10 the consequences, under paragraph (6), of knowingly 

11 filing a frivolous application for asylum’’; 

12 (3) in subparagraph (B), by striking the period 

13 and inserting ‘‘; and’’; and 

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

15 ‘‘(C) ensure that a written warning ap16 pears on the asylum application advising the 

17 alien of the consequences of filing a frivolous 

18 application and serving as notice to the alien of 

19 the consequences of filing a frivolous applica20 tion.’’. 

21 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 

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

23 1158(d)(6)) is amended by striking ‘‘paragraph (4)(A)’’ 

24 and inserting ‘‘paragraph (4)(C)’’. 


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1 SEC. 2010. TERMINATION OF ASYLUM STATUS. 

2 Section 208(c) of the Immigration and Nationality 

3 Act (8 U.S.C. 1158(c)) is amended by adding at the end 

4 the following: 

5 ‘‘(4) If an alien’s asylum status is subject to 

6 termination under paragraph (2), the immigration 

7 judge shall— 

8 ‘‘(A) determine whether the conditions 

9 specified under paragraph (2) have been met; 

10 and 

11 ‘‘(B) if such conditions have been met, ter12 minate the alien’s asylum status before consid13 ering whether the alien is eligible for adjust14 ment of status under section 209.’’. 

15 SEC. 2011. TIME LIMITS FOR APPLYING FOR ASYLUM. 

16 Section 208(a)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1158(a)(2)) is amended— 

18 (1) by amending subparagraph (B) to read as 

19 follows: 

20 ‘‘(B) TIME LIMIT.—Subject to subpara21 graph (D), paragraph (1) shall not apply to an 

22 alien unless the alien demonstrates, by clear 

23 and convincing evidence, that the alien filed an 

24 application for asylum not later than 6 months 

25 after the date of the alien’s arrival in the 

26 United States.’’; 


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1 (2) by amending subparagraph (D) to read as 

2 follows: 

3 ‘‘(D) EXCEPTION.— 

4 ‘‘(i) IN GENERAL.—The Secretary of 

5 Homeland Security, in the Secretary’s dis6 cretion, may permit an alien to apply for 

7 asylum outside of the time limit prescribed 

8 under subparagraph (B) if the Secretary 

9 determines that there has been such an ex10 traordinary and material change in cir11 cumstances that the alien’s life or freedom 

12 would be threatened, because of the alien’s 

13 race, religion, nationality, or membership 

14 in a particular social group, or political 

15 opinion, if the alien were returned to his or 

16 her country of origin, nationality, or citi17 zenship. 

18 ‘‘(ii) JUDICIAL REVIEW.—Notwith19 standing any other provision of law (statu20 tory or nonstatutory), including section 

21 2241 of title 28, United States Code, or 

22 any other habeas corpus provisions, and 

23 sections 1361 and 1651 of such title, no 

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1 cision by the Secretary under clause (i).’’; 

2 and 

3 (3) by striking subparagraph (E). 

4 SEC. 2012. LIMITS ON CONTINUANCES IN REMOVAL PRO5 CEEDINGS. Section 240(c) of the Immigration 

6 and Nationality Act (8 U.S.C. 1229a(c)) is amend7 ed by adding at the end the following: 

8 ‘‘(8) MOTION FOR CONTINUANCE.— 

9 ‘‘(A) IN GENERAL.—An immigration judge 

10 may grant a motion for continuance in a case 

11 if the immigration judge determines that there 

12 are emergent or extraordinary circumstances 

13 justifying such a continuance. 

14 ‘‘(B) LIMITATIONS.—Not more than 2 con15 tinuances may be granted in a specific alien’s 

16 case. Each continuance shall be limited to a pe17 riod of not longer than 180 days.’’. 

18 TITLE III—E–VERIFY 

19 SEC. 3001. PERMANENT REAUTHORIZATION. 

20 Section 401(b) of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (division C of Pub22 lic Law 104–208; 8 U.S.C. 1324a note) is amended by 

23 striking ‘‘Unless the Congress otherwise provides, the Sec24 retary of Homeland Security shall terminate a pilot pro25 gram on September 30, 2015.’’. 


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1 SEC. 3002. PREEMPTION; LIABILITY. 

2 Section 402 of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

4 note) is amended by adding at the end the following: 

5 ‘‘(g) LIMITATION ON STATE AUTHORITY.— 

6 ‘‘(1) PREEMPTION.—A State or local govern7 ment may not prohibit a person or other entity from 

8 verifying the employment authorization of new hires 

9 or current employees through E-Verify. 

10 ‘‘(2) LIABILITY.—A person or other entity that 

11 participates in E-Verify may not be held liable under 

12 any Federal, State, or local law for any employment13 related action taken with respect to the wrongful 

14 termination of an individual in good faith reliance on 

15 information provided through E-Verify.’’. 

16 SEC. 3003. INFORMATION SHARING. 

17 The Commissioner of Social Security, the Secretary 

18 of Homeland Security, and the Secretary of the Treasury 

19 shall jointly establish a program to share information 

20 among their respective agencies that could lead to the 

21 identification of unauthorized aliens (as defined in section 

22 274A(h)(3) of the Immigration and Nationality Act (8 

23 U.S.C. 1324a(h)(3)), including no-match letters and any 

24 information in the earnings suspense file. 


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1 SEC. 3004. SMALL BUSINESS DEMONSTRATION PROGRAM. 

2 Section 403 of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

4 note) is amended— 

5 (1) by redesignating subsection (d) as sub6 section (e); and 

7 (2) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) SMALL BUSINESS DEMONSTRATION PRO10 GRAM.—Not later than 9 months after the date of the en11 actment of the SECURE Act of 2017, the Director of U.S. 

12 Citizenship and Immigration Services shall establish a 

13 demonstration program that assists small businesses in 

14 rural areas or areas without internet capabilities to verify 

15 the employment eligibility of newly hired employees solely 

16 through the use of publicly accessible internet terminals.’’. 

17 SEC. 3005. FRAUD PREVENTION. 

18 (a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT

19 NUMBERS.—The Secretary of Homeland Security, in con20 sultation with the Commissioner of Social Security, shall 

21 establish a program in which Social Security account num22 bers that have been identified to be subject to unusual 

23 multiple use in the employment eligibility verification sys24 tem established under section 274A(d) of the Immigration 

25 and Nationality Act (8 U.S.C. 1324a(d)), or that are oth26 erwise suspected or determined to have been compromised 


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1 by identity fraud or other misuse, shall be blocked from 

2 use for such system purposes unless the individual using 

3 such number is able to establish, through secure and fair 

4 additional security procedures, that the individual is the 

5 legitimate holder of the number. 

6 (b) ALLOWING SUSPENSION OF USE OF CERTAIN SO7 CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 

8 Homeland Security, in consultation with the Commis9 sioner of Social Security, shall establish a program that 

10 provides a reliable, secure method by which victims of 

11 identity fraud and other individuals may suspend or limit 

12 the use of their Social Security account number or other 

13 identifying information for purposes of the employment 

14 eligibility verification system established under section 

15 274A(d) of the Immigration and Nationality Act (8 U.S.C. 

16 1324a(d)). The Secretary may implement the program on 

17 a limited pilot program basis before making it fully avail18 able to all individuals. 

19 (c) ALLOWING PARENTS TO PREVENT THEFT OF

20 THEIR CHILD’S IDENTITY.—The Secretary of Homeland 

21 Security, in consultation with the Commissioner of Social 

22 Security, shall establish a program that provides a reli23 able, secure method by which parents or legal guardians 

24 may suspend or limit the use of the Social Security ac25 count number or other identifying information of a minor 


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1 under their care for the purposes of the employment eligi2 bility verification system established under 274A(d) of the 

3 Immigration and Nationality Act (8 U.S.C. 1324a(d)). 

4 The Secretary may implement the program on a limited 

5 pilot program basis before making it fully available to all 

6 individuals. 

7 SEC. 3006. IDENTITY AUTHENTICATION EMPLOYMENT ELI8 GIBILITY VERIFICATION PILOT PROGRAMS. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of the enactment of this Act, the Secretary of Home11 land Security, after consultation with the Commissioner 

12 of Social Security and the Director of the National Insti13 tute of Standards and Technology, shall establish, by reg14 ulation, not fewer than 2 Identity Authentication Employ15 ment Eligibility Verification pilot programs (referred to in 

16 this section as the ‘‘Authentication Pilots’’), each of which 

17 shall use a separate and distinct technology. 

18 (b) PURPOSE.—The purpose of the Authentication 

19 Pilots shall be to provide for identity authentication and 

20 employment eligibility verification with respect to enrolled 

21 new employees to any employer that elects to participate 

22 in an Authentication Pilot. 

23 (c) CANCELLATION.—Any participating employer 

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1 tion Pilot after 1 year after electing to participate without 

2 prejudice to future participation. 

3 (d) REPORT.—Not later than 12 months after com4 mencement of the Authentication Pilots, the Secretary 

5 shall submit a report to the Committee on the Judiciary 

6 of the Senate and the Committee on the Judiciary of the 

7 House of Representatives that includes the Secretary’s 

8 findings on the Authentication Pilots and the authentica9 tion technologies chosen. 

10 TITLE IV—BRIDGE ACT 

11 SEC. 4001. SHORT TITLE. 

12 This title may be cited as the ‘‘Bar Removal of Indi13 viduals who Dream and Grow our Economy Act’’ or the 

14 ‘‘BRIDGE Act’’. 

15 SEC. 4002. PROVISIONAL PROTECTED PRESENCE FOR 

16 YOUNG INDIVIDUALS. 

17 (a) IN GENERAL.—Chapter 4 of title II of the Immi18 gration and Nationality Act (8 U.S.C. 1221 et seq.) is 

19 amended by adding at the end the following: 

20 ‘‘SEC. 244A. PROVISIONAL PROTECTED PRESENCE. 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) DACA RECIPIENT.—The term ‘DACA re23 cipient’ means an alien who is in deferred action sta24 tus on the date of the enactment of this section purVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 suant to the Deferred Action for Childhood Arrivals 

2 (‘DACA’) Program announced on June 15, 2012. 

3 ‘‘(2) FELONY.—The term ‘felony’ means a Fed4 eral, State, or local criminal offense (excluding a 

5 State or local offense for which an essential element 

6 was the alien’s immigration status) punishable by 

7 imprisonment for a term exceeding 1 year. 

8 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

9 means a Federal, State, or local criminal offense 

10 (excluding a State or local offense for which an es11 sential element was the alien’s immigration status, a 

12 significant misdemeanor, and a minor traffic of13 fense) for which— 

14 ‘‘(A) the maximum term of imprisonment 

15 is greater than 5 days and not greater than 1 

16 year; and 

17 ‘‘(B) the individual was sentenced to time 

18 in custody of 90 days or less. 

19 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

20 the Secretary of Homeland Security. 

21 ‘‘(5) SIGNIFICANT MISDEMEANOR.—The term 

22 ‘significant misdemeanor’ means a Federal, State, or 

23 local criminal offense (excluding a State or local of24 fense for which an essential element was the alien’s 

25 immigration status), for which the maximum term of 


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1 imprisonment is greater than 5 days and not greater 

2 than 1 year, that— 

3 ‘‘(A) regardless of the sentence imposed, is 

4 a crime of domestic violence (as defined in sec5 tion 237(a)(2)(E)(i)) or an offense of sexual 

6 abuse or exploitation, burglary, unlawful posses7 sion or use of a firearm, drug distribution or 

8 trafficking, or driving under the influence if the 

9 State law requires, as an element of the offense, 

10 the operation of a motor vehicle and a finding 

11 of impairment or a blood alcohol content of .08 

12 or higher; or 

13 ‘‘(B) resulted in a sentence of time in cus14 tody of more than 90 days, excluding an offense 

15 for which the sentence was suspended. 

16 ‘‘(6) THREAT TO NATIONAL SECURITY.—An 

17 alien is a ‘threat to national security’ if the alien 

18 is— 

19 ‘‘(A) inadmissible under section 212(a)(3); 

20 or 

21 ‘‘(B) deportable under section 237(a)(4). 

22 ‘‘(7) THREAT TO PUBLIC SAFETY.—An alien is 

23 a ‘threat to public safety’ if the alien— 

24 ‘‘(A) has been convicted of an offense for 

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1 nal street gang (as defined in section 521(a) of 

2 title 18, United States Code); or 

3 ‘‘(B) has engaged in a continuing criminal 

4 enterprise (as defined in section 408(c) of the 

5 Comprehensive Drug Abuse Prevention and 

6 Control Act of 1970 (21 U.S.C. 848(c))). 

7 ‘‘(b) AUTHORIZATION.—The Secretary— 

8 ‘‘(1) shall grant provisional protected presence 

9 to any alien who files an application demonstrating 

10 that he or she meets the eligibility criteria under 

11 subsection (c) and pays the appropriate application 

12 fee; 

13 ‘‘(2) may not remove an alien described in 

14 paragraph (1) from the United States during the pe15 riod in which such provisional protected presence is 

16 in effect unless such status is rescinded pursuant to 

17 subsection (g); and 

18 ‘‘(3) shall provide an alien granted provisional 

19 protected presence with employment authorization. 

20 ‘‘(c) ELIGIBILITY CRITERIA.—An alien is eligible for 

21 provisional protected presence under subsection (b)(1) and 

22 employment authorization under subsection (b)(3) if the 

23 alien— 

24 ‘‘(1) was born after June 15, 1981; 


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1 ‘‘(2) entered the United States before reaching 

2 16 years of age; 

3 ‘‘(3) continuously resided in the United States 

4 between June 15, 2007, and the date on which the 

5 alien files an application under this section; 

6 ‘‘(4) was physically present in the United 

7 States on June 15, 2012, and on the date on which 

8 the alien files an application under this section; 

9 ‘‘(5) was unlawfully present in the United 

10 States on June 15, 2012; 

11 ‘‘(6) on the date on which the alien files an ap12 plication for provisional protected presence— 

13 ‘‘(A) is enrolled in school or in an edu14 cation program assisting students in obtaining 

15 a regular high school diploma or its recognized 

16 equivalent under State law, or in passing a gen17 eral educational development exam or other 

18 State-authorized exam; 

19 ‘‘(B) has graduated or obtained a certifi20 cate of completion from high school; 

21 ‘‘(C) has obtained a general educational 

22 development certificate; or 

23 ‘‘(D) is an honorably discharged veteran of 

24 the Coast Guard or Armed Forces of the 

25 United States; 


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1 ‘‘(7) has not been convicted of— 

2 ‘‘(A) a felony; 

3 ‘‘(B) a significant misdemeanor; or 

4 ‘‘(C) 3 or more misdemeanors not occur5 ring on the same date and not arising out of 

6 the same act, omission, or scheme of mis7 conduct; and 

8 ‘‘(8) does not otherwise pose a threat to na9 tional security or a threat to public safety. 

10 ‘‘(d) DURATION OF PROVISIONAL PROTECTED PRES11 ENCE AND EMPLOYMENT AUTHORIZATION.—Provisional 

12 protected presence and the employment authorization pro13 vided under this section shall be effective until the date 

14 that is 3 years after the date of the enactment of this 

15 section. 

16 ‘‘(e) STATUS DURING PERIOD OF PROVISIONAL PRO17 TECTED PRESENCE.— 

18 ‘‘(1) IN GENERAL.—An alien granted provi19 sional protected presence is not considered to be un20 lawfully present in the United States during the pe21 riod beginning on the date such status is granted 

22 and ending on the date described in subsection (d). 

23 ‘‘(2) STATUS OUTSIDE PERIOD.—The granting 

24 of provisional protected presence under this section 


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1 does not excuse previous or subsequent periods of 

2 unlawful presence. 

3 ‘‘(f) APPLICATION.— 

4 ‘‘(1) AGE REQUIREMENT.— 

5 ‘‘(A) IN GENERAL.—An alien who has 

6 never been in removal proceedings, or whose 

7 proceedings have been terminated before mak8 ing a request for provisional protected presence, 

9 shall be at least 15 years of age on the date on 

10 which the alien submits an application under 

11 this section. 

12 ‘‘(B) EXCEPTION.—The age requirement 

13 set forth in subparagraph (A) shall not apply to 

14 an alien who, on the date on which the alien ap15 plies for provisional protected presence, is in re16 moval proceedings, has a final removal order, or 

17 has a voluntary departure order. 

18 ‘‘(2) APPLICATION FEE.— 

19 ‘‘(A) IN GENERAL.—The Secretary may re20 quire aliens applying for provisional protected 

21 presence and employment authorization under 

22 this section to pay a reasonable fee that is com23 mensurate with the cost of processing the appli24 cation. 


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1 ‘‘(B) EXEMPTION.—An applicant may be 

2 exempted from paying the fee required under 

3 subparagraph (A) if the alien— 

4 ‘‘(i)(I) is younger than 18 years of 

5 age; 

6 ‘‘(II) received total income during the 

7 12-month period immediately preceding the 

8 date on which the alien files an application 

9 under this section that is less than 150 

10 percent of the United States poverty level; 

11 and 

12 ‘‘(III) is in foster care or otherwise 

13 lacking any parental or other familial sup14 port; 

15 ‘‘(ii) is younger than 18 years of age 

16 and is homeless; 

17 ‘‘(iii)(I) cannot care for himself or 

18 herself because of a serious, chronic dis19 ability; and 

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 of the United States poverty level; 

25 or 


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1 ‘‘(iv)(I) as of the date on which the 

2 alien files an application under this sec3 tion, has accumulated $10,000 or more in 

4 debt in the past 12 months as a result of 

5 unreimbursed medical expenses incurred by 

6 the alien or an immediate family member 

7 of the alien; and 

8 ‘‘(II) received total income during the 

9 12-month period immediately preceding the 

10 date on which the alien files an application 

11 under this section that is less than 150 

12 percent of the United States poverty level. 

13 ‘‘(3) REMOVAL STAYED WHILE APPLICATION

14 PENDING.—The Secretary may not remove an alien 

15 from the United States who appears prima facie eli16 gible for provisional protected presence while the 

17 alien’s application for provisional protected presence 

18 is pending. 

19 ‘‘(4) ALIENS NOT IN IMMIGRATION DETEN20 TION.—An alien who is not in immigration deten21 tion, but who is in removal proceedings, is the sub22 ject of a final removal order, or is the subject of a 

23 voluntary departure order, may apply for provisional 

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1 pears prima facie eligible for provisional protected 

2 presence. 

3 ‘‘(5) ALIENS IN IMMIGRATION DETENTION.— 

4 The Secretary shall provide any alien in immigration 

5 detention, including any alien who is in removal pro6 ceedings, is the subject of a final removal order, or 

7 is the subject of a voluntary departure order, who 

8 appears prima facie eligible for provisional protected 

9 presence, upon request, with a reasonable oppor10 tunity to apply for provisional protected presence 

11 under this section. 

12 ‘‘(6) CONFIDENTIALITY.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 protect information provided in applications for 

15 provisional protected presence under this sec16 tion and in requests for consideration of DACA 

17 from disclosure to U.S. Immigration and Cus18 toms Enforcement and U.S. Customs and Bor19 der Protection for the purpose of immigration 

20 enforcement proceedings. 

21 ‘‘(B) REFERRALS PROHIBITED.—The Sec22 retary may not refer individuals whose cases 

23 have been deferred pursuant to DACA or who 

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1 ence under this section to U.S. Immigration 

2 and Customs Enforcement. 

3 ‘‘(C) LIMITED EXCEPTION.—The informa4 tion submitted in applications for provisional 

5 protected presence under this section and in re6 quests for consideration of DACA may be 

7 shared with national security and law enforce8 ment agencies— 

9 ‘‘(i) for assistance in the consideration 

10 of the application for provisional protected 

11 presence; 

12 ‘‘(ii) to identify or prevent fraudulent 

13 claims; 

14 ‘‘(iii) for national security purposes; 

15 and 

16 ‘‘(iv) for the investigation or prosecu17 tion of any felony not related to immigra18 tion status. 

19 ‘‘(7) ACCEPTANCE OF APPLICATIONS.—Not 

20 later than 60 days after the date of the enactment 

21 of this section, the Secretary shall begin accepting 

22 applications for provisional protected presence and 

23 employment authorization. 

24 ‘‘(g) RESCISSION OF PROVISIONAL PROTECTED

25 PRESENCE.—The Secretary may not rescind an alien’s 


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1 provisional protected presence or employment authoriza2 tion granted under this section unless the Secretary deter3 mines that the alien— 

4 ‘‘(1) has been convicted of— 

5 ‘‘(A) a felony; 

6 ‘‘(B) a significant misdemeanor; or 

7 ‘‘(C) 3 or more misdemeanors not occur8 ring on the same date and not arising out of 

9 the same act, omission, or scheme of mis10 conduct; 

11 ‘‘(2) poses a threat to national security or a 

12 threat to public safety; 

13 ‘‘(3) has traveled outside of the United States 

14 without authorization from the Secretary; or 

15 ‘‘(4) has ceased to continuously reside in the 

16 United States. 

17 ‘‘(h) TREATMENT OF BRIEF, CASUAL, AND INNO18 CENT DEPARTURES AND CERTAIN OTHER ABSENCES.— 

19 For purposes of subsections (c)(3) and (g)(4), an alien 

20 shall not be considered to have failed to continuously re21 side in the United States due to— 

22 ‘‘(1) brief, casual, and innocent absences from 

23 the United States during the period beginning on 

24 June 15, 2007, and ending on August 14, 2012; or 


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1 ‘‘(2) travel outside of the United States on or 

2 after August 15, 2012, if such travel was authorized 

3 by the Secretary. 

4 ‘‘(i) TREATMENT OF EXPUNGED CONVICTIONS.—For 

5 purposes of subsections (c)(7) and (g)(1), an expunged 

6 conviction shall not automatically be treated as a disquali7 fying felony, significant misdemeanor, or misdemeanor, 

8 but shall be evaluated on a case-by-case basis according 

9 to the nature and severity of the offense to determine 

10 whether, under the particular circumstances, the alien 

11 should be eligible for provisional protected presence under 

12 this section. 

13 ‘‘(j) EFFECT OF DEFERRED ACTION UNDER DE14 FERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM.— 

15 ‘‘(1) PROVISIONAL PROTECTED PRESENCE.—A 

16 DACA recipient is deemed to have provisional pro17 tected presence under this section through the expi18 ration date of the alien’s deferred action status, as 

19 specified by the Secretary in conjunction with the 

20 approval of the alien’s DACA application. 

21 ‘‘(2) EMPLOYMENT AUTHORIZATION.—If a 

22 DACA recipient has been granted employment au23 thorization by the Secretary in addition to deferred 

24 action, the employment authorization shall continue 

25 through the expiration date of the alien’s deferred 


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1 action status, as specified by the Secretary in con2 junction with the approval of the alien’s DACA ap3 plication. 

4 ‘‘(3) EFFECT OF APPLICATION.—If a DACA re5 cipient files an application for provisional protected 

6 presence under this section not later than the expi7 ration date of the alien’s deferred action status, as 

8 specified by the Secretary in conjunction with the 

9 approval of the alien’s DACA application, the alien’s 

10 provisional protected presence, and any employment 

11 authorization, shall remain in effect pending the ad12 judication of such application.’’. 

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

14 for the Immigration and Nationality Act (8 U.S.C. 1101 

15 note) is amended by inserting after the item relating to 

16 section 244 the following: 

‘‘Sec. 244A. Provisional protected presence.’’. 

17 TITLE V—REFORMING AMER18 ICAN IMMIGRATION FOR A 

19 STRONG ECONOMY ACT 

20 SEC. 5001. SHORT TITLE. 

21 This title may be cited as the ‘‘Reforming American 

22 Immigration for a Strong Economy Act’’ or the ‘‘RAISE 

23 Act’’. 


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1 SEC. 5002. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 

2 (a) REDEFINITION OF IMMEDIATE RELATIVE.—The 

3 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 

4 is amended— 

5 (1) in section 101(b)(1), in the matter pre6 ceding subparagraph (A), by striking ‘‘under twenty7 one years of age who’’ and inserting ‘‘who is younger 

8 than 18 years of age and’’; and 

9 (2) in section 201 (8 U.S.C. 1151)— 

10 (A) in subsection (b)(2)(A)— 

11 (i) in clause (i), by striking ‘‘children, 

12 spouses, and parents of a citizen of the 

13 United States, except that, in the case of 

14 parents, such citizens shall be at least 21 

15 years of age.’’ and inserting ‘‘children and 

16 spouse of a citizen of the United States.’’; 

17 and 

18 (ii) in clause (ii), by striking ‘‘such an 

19 immediate relative’’ and inserting ‘‘the im20 mediate relative spouse of a United States 

21 citizen’’; 

22 (B) by amending subsection (c) to read as 

23 follows: 

24 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

25 IMMIGRANTS.—(1) The worldwide level of family-spon26 sored immigrants under this subsection for a fiscal year 


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1 is equal to 39 percent of 226,000 minus the number com2 puted under paragraph (2). 

3 ‘‘(2) The number computed under this paragraph for 

4 a fiscal year is the number of aliens who were paroled into 

5 the United States under section 212(d)(5) in the second 

6 preceding fiscal year who— 

7 ‘‘(A) did not depart from the United States 

8 (without advance parole) within 1 year; and 

9 ‘‘(B)(i) did not acquire the status of an alien 

10 lawfully admitted to the United States for perma11 nent residence during the 2 preceding fiscal years; 

12 or 

13 ‘‘(ii) acquired such status during such period 

14 under a provision of law (other than subsection (b)) 

15 that exempts adjustment to such status from the nu16 merical limitation on the worldwide level of immigra17 tion under this section.’’; and 

18 (C) in subsection (f)— 

19 (i) in paragraph (2), by striking ‘‘sec20 tion 203(a)(2)(A)’’ and inserting ‘‘section 

21 203(a)’’; 

22 (ii) by striking paragraph (3); 

23 (iii) by redesignating paragraph (4) as 

24 paragraph (3); and 


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1 (iv) in paragraph (3), as redesignated, 

2 by striking ‘‘(1) through (3)’’ and inserting 

3 ‘‘(1) and (2)’’. 

4 (b) FAMILY-BASED VISA PREFERENCES.—Section 

5 203(a) of the Immigration and Nationality Act (8 U.S.C. 

6 1153(a)) is amended to read as follows: 

7 ‘‘(a) SPOUSES AND MINOR CHILDREN OF PERMA8 NENT RESIDENT ALIENS.—Family-sponsored immigrants 

9 described in this subsection are qualified immigrants who 

10 are the spouse or a child of an alien lawfully admitted 

11 for permanent residence.’’. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) DEFINITION OF V NONIMMIGRANT.—Section 

14 101(a)(15)(V) of the Immigration and Nationality 

15 Act (8 U.S.C. 1101(a)(15)(V)) is amended by strik16 ing ‘‘section 203(a)(2)(A)’’ each place such term ap17 pears and inserting ‘‘section 203(a)’’. 

18 (2) NUMERICAL LIMITATION TO ANY SINGLE

19 FOREIGN STATE.—Section 202 of such Act (8 

20 U.S.C. 1152) is amended— 

21 (A) in subsection (a)(4)— 

22 (i) by striking subparagraphs (A) and 

23 (B) and inserting the following: 

24 ‘‘(A) 75 PERCENT OF FAMILY-SPONSORED

25 IMMIGRANTS NOT SUBJECT TO PER COUNTRY


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1 LIMITATION.—Of the visa numbers made avail2 able under section 203(a) in any fiscal year, 75 

3 percent shall be issued without regard to the 

4 numerical limitation under paragraph (2). 

5 ‘‘(B) TREATMENT OF REMAINING 25 PER6 CENT FOR COUNTRIES SUBJECT TO SUB7 SECTION (e).— 

8 ‘‘(i) IN GENERAL.—Of the visa num9 bers made available under section 203(a) 

10 in any fiscal year, 25 percent shall be 

11 available, in the case of a foreign state or 

12 dependent area that is subject to sub13 section (e) only to the extent that the total 

14 number of visas issued in accordance with 

15 subparagraph (A) to natives of the foreign 

16 state or dependent area is less than the 

17 subsection (e) ceiling. 

18 ‘‘(ii) SUBSECTION (e) CEILING DE19 FINED.—In clause (i), the term ‘subsection 

20 (e) ceiling’ means, for a foreign state or 

21 dependent area, 77 percent of the max22 imum number of visas that may be made 

23 available under section 203(a) to immi24 grants who are natives of the state or area, 

25 consistent with subsection (e).’’; and 


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1 (ii) by striking subparagraphs (C) and 

2 (D); and 

3 (B) in subsection (e)— 

4 (i) in paragraph (1), by adding ‘‘and’’ 

5 at the end; 

6 (ii) by striking paragraph (2); 

7 (iii) by redesignating paragraph (3) as 

8 paragraph (2); and 

9 (iv) in the undesignated matter after 

10 paragraph (2), as redesignated, by striking 

11 ‘‘, respectively,’’ and all that follows and 

12 inserting a period. 

13 (3) RULES FOR DETERMINING WHETHER CER14 TAIN ALIENS ARE CHILDREN.—Section 203(h) of 

15 such Act (8 U.S.C. 1153(h)) is amended by striking 

16 ‘‘(a)(2)(A)’’ each place such term appears and in17 serting ‘‘(a)(2)’’. 

18 (4) PROCEDURE FOR GRANTING IMMIGRANT

19 STATUS.—Section 204 of such Act (8 U.S.C. 1154) 

20 is amended— 

21 (A) in subsection (a)(1)— 

22 (i) in subparagraph (A)(i), by striking 

23 ‘‘to classification by reason of a relation24 ship described in paragraph (1), (3), or (4) 

25 of section 203(a) or’’; 


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1 (ii) in subparagraph (B)— 

2 (I) in clause (i), by redesignating 

3 the second subclause (I) as subclause 

4 (II); and 

5 (II) by striking ‘‘203(a)(2)(A)’’ 

6 each place such term appears and in7 serting ‘‘203(a)’’; and 

8 (iii) in subparagraph (D)(i)(I), by 

9 striking ‘‘a petitioner’’ and all that follows 

10 through ‘‘(a)(1)(B)(iii).’’ and inserting ‘‘an 

11 individual younger than 21 years of age for 

12 purposes of adjudicating such petition and 

13 for purposes of admission as an immediate 

14 relative under section 201(b)(2)(A)(i) or a 

15 family-sponsored immigrant under section 

16 203(a), as appropriate, notwithstanding 

17 the actual age of the individual.’’; 

18 (B) in subsection (f)(1), by striking ‘‘, 

19 203(a)(1), or 203(a)(3), as appropriate’’; and 

20 (C) by striking subsection (k). 

21 (5) WAIVERS OF INADMISSIBILITY.—Section 

22 212 of such Act (8 U.S.C. 1182) is amended— 

23 (A) in subsection (a)(6)(E)(ii), by striking 

24 ‘‘section 203(a)(2)’’ and inserting ‘‘section 

25 203(a)’’; and 


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1 (B) in subsection (d)(11), by striking 

2 ‘‘(other than paragraph (4) thereof)’’. 

3 (6) EMPLOYMENT OF V NONIMMIGRANTS.—Sec4 tion 214(q)(1)(B)(i) of such Act (8 U.S.C. 

5 1184(q)(1)(B)(i)) is amended by striking ‘‘section 

6 203(a)(2)(A)’’ each place such term appears and in7 serting ‘‘section 203(a)’’. 

8 (7) DEFINITION OF ALIEN SPOUSE.—Section 

9 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) 

10 is amended by striking ‘‘section 203(a)(2)’’ and in11 serting ‘‘section 203(a)’’. 

12 (8) CLASSES OF DEPORTABLE ALIENS.—Sec13 tion 237(a)(1)(E)(ii) of such Act (8 U.S.C. 

14 1227(a)(1)(E)(ii)) is amended by striking ‘‘section 

15 203(a)(2)’’ and inserting ‘‘section 203(a)’’. 

16 (d) CREATION OF NONIMMIGRANT CLASSIFICATION

17 FOR ALIEN PARENTS OF ADULT UNITED STATES CITI18 ZENS.— 

19 (1) IN GENERAL.—Section 101(a)(15) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1101(a)(15)) is amended— 

22 (A) in subparagraph (T)(ii)(III), by strik23 ing the period at the end and inserting a semi24 colon; 


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1 (B) in subparagraph (U)(iii), by striking 

2 ‘‘or’’ at the end; 

3 (C) in subparagraph (V)(ii)(II), by striking 

4 the period at the end and inserting ‘‘; or’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(W) Subject to section 214(s), an alien who is 

7 a parent of a citizen of the United States, if the cit8 izen is at least 21 years of age.’’. 

9 (2) CONDITIONS ON ADMISSION.—Section 214 

10 of such Act (8 U.S.C. 1184) is amended by adding 

11 at the end the following: 

12 ‘‘(s)(1) The initial period of authorized admission for 

13 a nonimmigrant described in section 101(a)(15)(W) shall 

14 be 5 years, but may be extended by the Secretary of 

15 Homeland Security for additional 5-year periods if the 

16 United States citizen son or daughter of the nonimmigrant 

17 is still residing in the United States. 

18 ‘‘(2) A nonimmigrant described in section 

19 101(a)(15)(W)— 

20 ‘‘(A) is not authorized to be employed in the 

21 United States; and 

22 ‘‘(B) is not eligible for any Federal, State, or 

23 local public benefit. 

24 ‘‘(3) Regardless of the resources of a nonimmigrant 

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1 izen son or daughter who sponsored the nonimmigrant 

2 parent shall be responsible for the nonimmigrant’s support 

3 while the nonimmigrant resides in the United States. 

4 ‘‘(4) An alien is ineligible to receive a visa or to be 

5 admitted into the United States as a nonimmigrant de6 scribed in section 101(a)(15)(W) unless the alien provides 

7 satisfactory proof that the United States citizen son or 

8 daughter has arranged for health insurance coverage for 

9 the alien, at no cost to the alien, during the anticipated 

10 period of the alien’s residence in the United States.’’. 

11 (e) EFFECTIVE DATE; APPLICABILITY.— 

12 (1) EFFECTIVE DATE.—The amendments made 

13 by this section shall take effect on the first day of 

14 the first fiscal year that begins after the date of the 

15 enactment of this Act. 

16 (2) VALID OFFER OF ADMISSION.—Notwith17 standing the termination by this Act of the family18 sponsored and employment-based immigrant visa 

19 categories, any alien who was granted admission to 

20 the United States under subsection (a) or (b) of sec21 tion 203 of the Immigration and Nationality Act, as 

22 in effect on the day before the date of the enactment 

23 of this Act, and is scheduled to receive an immigrant 

24 visa in the applicable preference category not later 

25 than 1 year after the date of the enactment of this 


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1 Act, shall be entitled to such visa if the alien enters 

2 the United States not later than 1 year after such 

3 date of enactment. 

4 TITLE VI—OTHER MATTERS 

5 SEC. 6001. OTHER IMMIGRATION AND NATIONALITY ACT 

6 AMENDMENTS. 

7 (a) NOTICE OF ADDRESS CHANGE.—Section 265(a) 

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

9 1305(a)) is amended to read as follows: 

10 ‘‘(a) Each alien required to be registered under this 

11 Act who is physically present in the United States shall 

12 notify the Secretary of Homeland Security of each change 

13 of address and new address not later than 10 days after 

14 the date of such change and shall furnish such notice in 

15 the manner prescribed by the Secretary.’’. 

16 (b) PHOTOGRAPHS FOR NATURALIZATION CERTIFI17 CATES.—Section 333 of the Immigration and Nationality 

18 Act (8 U.S.C. 1444) is amended— 

19 (1) in subsection (b)— 

20 (A) by redesignating paragraphs (1) 

21 through (7) as subparagraphs (A) through (G); 

22 (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

23 (C) by striking the undesignated matter at 

24 the end and inserting the following: 


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1 ‘‘(2) Of the photographs furnished pursuant to para2 graph (1)— 

3 ‘‘(A) 1 shall be affixed to each certificate issued 

4 by the Attorney General; and 

5 ‘‘(B) 1 shall be affixed to the copy of such cer6 tificate retained by the Department.’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(c) The Secretary may modify the technical require9 ments under this section in the Secretary’s discretion and 

10 as the Secretary may consider necessary to provide for 

11 photographs to be furnished and used in a manner that 

12 is efficient, secure, and consistent with the latest develop13 ments in technology.’’. 

14 SEC. 6002. EXEMPTION FROM THE ADMINISTRATIVE PRO15 CEDURE ACT. 

16 Except for regulations promulgated pursuant to this 

17 Act, section 552 of title 5, United States Code (commonly 

18 known as the ‘‘Freedom of Information Act’’ (5 U.S.C. 

19 522)), and section 552a of such title (commonly known 

20 as the ‘‘Privacy Act’’ (5 U.S.C. 552a)), chapter 5 of title 

21 5, United States Code (commonly known as the ‘‘Adminis22 trative Procedures Act’’), and any other law relating to 

23 rulemaking, information collection, or publication in the 

24 Federal Register, shall not apply to any action to imple25 ment this Act or the amendments made by this Act, to 


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1 the extent the Secretary, the Secretary of State, or the 

2 Attorney General determines that compliance with any 

3 such law would impede the expeditious implementation of 

4 this Act or the amendments made by this Act. 

5 SEC. 6003. EXEMPTION FROM THE PAPERWORK REDUC6 TION ACT. 

7 Chapter 35 of title 44, United States Code, shall not 

8 apply to any action to implement this Act or the amend9 ments made by this Act to the extent the Secretary of 

10 Homeland Security, the Secretary of State, or the Attor11 ney General determines that compliance with such law 

12 would impede the expeditious implementation of this Act 

13 or the amendments made by this Act. 

14 SEC. 6004. ABILITY TO FILL AND RETAIN DEPARTMENT OF 

15 HOMELAND SECURITY POSITIONS IN UNITED 

16 STATES TERRITORIES. 

17 (a) IN GENERAL.—Section 530C of title 28, United 

18 States Code, is amended— 

19 (1) in subsection (a), in the matter preceding 

20 paragraph (1)— 

21 (A) by inserting ‘‘or the Department of 

22 Homeland Security’’ after ‘‘Department of Jus23 tice’’; and 

24 (B) by inserting ‘‘or the Secretary of 

25 Homeland Security’’ after ‘‘Attorney General’’; 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) in the matter preceding subpara4 graph (A), by inserting ‘‘or to the Sec5 retary of Homeland Security’’ after ‘‘At6 torney General’’; and 

7 (ii) in subparagraph (K)— 

8 (I) in clause (i)— 

9 (aa) by inserting ‘‘or within 

10 United States territories or com11 monwealths’’ after ‘‘outside 

12 United States’’; and 

13 (bb) by inserting ‘‘or the 

14 Secretary of Homeland Security’’ 

15 after ‘‘Attorney General’’; 

16 (II) in clause (ii), by inserting 

17 ‘‘or the Secretary of Homeland Secu18 rity’’ after ‘‘Attorney General’’; 

19 (B) in paragraph (2)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘for the Drug Enforcement Administra22 tion, and for the Immigration and Natu23 ralization Service’’ and inserting ‘‘and for 

24 the Drug Enforcement Administration’’; 

25 and 


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1 (ii) in subparagraph (B), in the mat2 ter preceding clause (i), by striking ‘‘the 

3 Immigration and Naturalization Service’’ 

4 and inserting ‘‘the Department of Home5 land Security’’; 

6 (C) in paragraph (5), by striking ‘‘IMMI7 GRATION AND NATURALIZATION SERVICE.— 

8 Funds available to the Attorney General’’ and 

9 replacing with ‘‘DEPARTMENT OF HOMELAND

10 SECURITY.—Funds available to the Secretary of 

11 Homeland Security’’; and 

12 (D) in paragraph (7)— 

13 (i) by inserting ‘‘or the Secretary of 

14 Homeland Security’’ after ‘‘Attorney Gen15 eral’’; and 

16 (ii) by striking ‘‘the Immigration and 

17 Naturalization Service’’ and inserting 

18 ‘‘U.S. Immigration and Customs Enforce19 ment’’; and 

20 (3) in subsection (d), by inserting ‘‘or the De21 partment of Homeland Security’’ after ‘‘Department 

22 of Justice’’. 

23 SEC. 6005. SEVERABILITY. 

24 If any provision of this Act or any amendment made 

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1 ment to any person or circumstance, is held to be uncon2 stitutional, the remainder of the provisions of this Act and 

3 the amendments made by this Act and the application of 

4 the provision or amendment to any other person or cir5 cumstance shall not be affected. 

6 SEC. 6006. FUNDING. 

7 (a) IMPLEMENTATION.—The Director of the Office of 

8 Management and Budget shall determine and identify— 

9 (1) the appropriation accounts which have un10 obligated funds that could be rescinded and used to 

11 fund the provisions of this Act; and 

12 (2) the amount of the rescission that shall be 

13 applied to each such account. 

14 (b) REPORT.—Not later than 60 days after the date 

15 of the enactment of this Act, the Director of the Office 

16 of Management and Budget shall submit a report to Con17 gress and to the Secretary of the Treasury that describes 

18 the accounts and amounts determined and identified for 

19 rescission pursuant to subsection (a). 

20 (c) EXCEPTIONS.—This section shall not apply to un21 obligated funds of— 

22 (1) the Department of Homeland Security; 

23 (2) the Department of Defense; or 

24 (3) the Department of Veterans Affairs. 


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1 TITLE VII—TECHNICAL 

2 AMENDMENTS 

3 SEC. 7001. REFERENCES TO THE IMMIGRATION AND NA4 TIONALITY ACT. 

5 Except as otherwise expressly provided, whenever in 

6 this title an amendment or repeal is expressed in terms 

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a 

9 section or other provision of the Immigration and Nation10 ality Act (8 U.S.C. 1101 et seq.). 

11 SEC. 7002. TECHNICAL AMENDMENTS TO TITLE I OF THE 

12 IMMIGRATION AND NATIONALITY ACT. 

13 (a) SECTION 101.— 

14 (1) DEPARTMENT.—Section 101(a)(8) (8 

15 U.S.C. 1101(a)(8)) is amended to read as follows: 

16 ‘‘(8) The term ‘Department’ means the Department 

17 of Homeland Security.’’. 

18 (2) IMMIGRANT.—Section 101(a)(15) (8 U.S.C. 

19 1101(a)(15)) is amended— 

20 (A) in subparagraph (F)(i)— 

21 (i) by striking the term ‘‘Attorney 

22 General’’ each place that term appears and 

23 inserting ‘‘Secretary’’; and 

24 (ii) by striking ‘‘214(l)’’ and inserting 

25 ‘‘214(m)’’; 


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1 (B) in subparagraph (H)(i)— 

2 (i) in subclause (b), by striking ‘‘cer3 tifies to the Attorney General that the in4 tending employer has filed with the Sec5 retary’’ and inserting ‘‘certifies to the Sec6 retary of Homeland Security that the in7 tending employer has filed with the Sec8 retary of Labor’’; and 

9 (ii) in subclause (c), by striking ‘‘cer10 tifies to the Attorney General’’ and insert11 ing ‘‘certifies to the Secretary of Homeland 

12 Security’’; and 

13 (C) in subparagraph (M)(i), by striking the 

14 term ‘‘Attorney General’’ each place that term 

15 appears and inserting ‘‘Secretary’’. 

16 (3) IMMIGRATION OFFICER.—Section 

17 101(a)(18) (8 U.S.C. 1101(a)(18)) is amended by 

18 striking ‘‘Service or of the United States designated 

19 by the Attorney General,’’ and inserting ‘‘Depart20 ment or of the United States designated by the Sec21 retary,’’. 

22 (4) SECRETARY.—Section 101(a)(34) (8 U.S.C. 

23 1101(a)(34)) is amended to read as follows: 


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1 ‘‘(34) The term ‘Secretary’ means the Secretary of 

2 Homeland Security, except as provided in section 

3 219(d)(4).’’. 

4 (5) SPECIAL IMMIGRANT.—Section 

5 101(a)(27)(L)(iii) (8 U.S.C. 1101(a)(27)(L)(iii)) is 

6 amended by adding ‘‘; or’’ at the end. 

7 (6) MANAGERIAL CAPACITY; EXECUTIVE CAPAC8 ITY.—Section 101(a)(44)(C) (8 U.S.C. 

9 1101(a)(44)(C)) is amended by striking ‘‘Attorney 

10 General’’ and inserting ‘‘Secretary’’. 

11 (7) ORDER OF REMOVAL.—Section 

12 101(a)(47)(A) (8 U.S.C. 1101(a)(47)(A)) is amend13 ed to read as follows: 

14 ‘‘(A) The term ‘order of removal’ means the 

15 order of the immigration judge, or other such ad16 ministrative officer to whom the Attorney General or 

17 the Secretary has delegated the responsibility for de18 termining whether an alien is removable, concluding 

19 that the alien is removable or ordering removal.’’. 

20 (8) TITLE I AND II DEFINITIONS.—Section 

21 101(b) (8 U.S.C. 1101(b)) is amended— 

22 (A) in paragraph (1)(F)(i), by striking 

23 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

24 and 


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1 (B) in paragraph (4), by striking ‘‘Immi2 gration and Naturalization Service.’’ and insert3 ing ‘‘Department.’’. 

4 (b) SECTION 103.— 

5 (1) IN GENERAL.—Section 103 (8 U.S.C. 1103) 

6 is amended by striking the section heading and sub7 section (a)(1) and inserting the following: 

8 ‘‘SEC. 103. POWERS AND DUTIES. 

9 ‘‘(a)(1) The Secretary shall be charged with the ad10 ministration and enforcement of this Act and all other 

11 laws relating to the immigration and naturalization of 

12 aliens, except insofar as this Act or such laws relate to 

13 the powers, functions, and duties conferred upon the 

14 President, the Attorney General, the Secretary of Labor, 

15 the Secretary of Agriculture, the Secretary of Health and 

16 Human Services, the Commissioner of Social Security, the 

17 Secretary of State, the officers of the Department of 

18 State, or diplomatic or consular officers. A determination 

19 and ruling by the Attorney General with respect to all 

20 questions of law shall be controlling.’’. 

21 (2) TECHNICAL AND CONFORMING CORREC22 TIONS.—Section 103 (8 U.S.C. 1103), as amended 

23 by paragraph (1), is further amended— 

24 (A) in subsection (a)— 


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1 (i) in paragraph (2), by striking ‘‘He’’ 

2 and inserting ‘‘The Secretary’’; 

3 (ii) in paragraph (3)— 

4 (I) by striking ‘‘He’’ and insert5 ing ‘‘The Secretary’’; 

6 (II) by striking ‘‘he’’ and insert7 ing ‘‘the Secretary’’; and 

8 (III) by striking ‘‘his authority’’ 

9 and inserting ‘‘the authority of the 

10 Secretary’’; 

11 (iii) in paragraph (4)— 

12 (I) by striking ‘‘He’’ and insert13 ing ‘‘The Secretary’’; and 

14 (II) by striking ‘‘Service or the 

15 Department of Justice’’ and insert the 

16 ‘‘Department’’; 

17 (iv) in paragraph (5)— 

18 (I) by striking ‘‘He’’ and insert19 ing ‘‘The Secretary’’; 

20 (II) by striking ‘‘his discretion,’’ 

21 and inserting ‘‘the discretion of the 

22 Secretary,’’ and 

23 (III) by striking ‘‘him’’ and in24 serting ‘‘the Secretary’’; 

25 (v) in paragraph (6)— 


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1 (I) by striking ‘‘He’’ and insert2 ing ‘‘The Secretary’’; 

3 (II) by striking ‘‘Department’’ 

4 and inserting ‘‘agency, department,’’; 

5 and 

6 (III) by striking ‘‘Service.’’ and 

7 inserting ‘‘Department or upon con8 sular officers with respect to the 

9 granting or refusal of visas’’; 

10 (vi) in paragraph (7)— 

11 (I) by striking ‘‘He’’ and insert12 ing ‘‘The Secretary’’; 

13 (II) by striking ‘‘countries;’’ and 

14 inserting ‘‘countries’’; 

15 (III) by striking ‘‘he’’ and insert16 ing ‘‘the Secretary’’; and 

17 (IV) by striking ‘‘his judgment’’ 

18 and inserting ‘‘the judgment of the 

19 Secretary’’; 

20 (vii) in paragraph (8), by striking 

21 ‘‘Attorney General’’ and inserting ‘‘Sec22 retary’’; 

23 (viii) in paragraph (10), by striking 

24 ‘‘Attorney General’’ each place that term 

25 appears and inserting ‘‘Secretary’’; and 


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1 (ix) in paragraph (11), by striking 

2 ‘‘Attorney General,’’ and inserting ‘‘Sec3 retary,’’; 

4 (B) by amending subsection (c) to read as 

5 follows: 

6 ‘‘(c) SECRETARY; APPOINTMENT.—The Secretary 

7 shall be a citizen of the United States and shall be ap8 pointed by the President, by and with the advice and con9 sent of the Senate. The Secretary shall be charged with 

10 any and all responsibilities and authority in the adminis11 tration of the Department and of this Act. The Secretary 

12 may enter into cooperative agreements with State and 

13 local law enforcement agencies for the purpose of assisting 

14 in the enforcement of the immigration laws.’’; 

15 (C) in subsection (e)— 

16 (i) in paragraph (1), by striking 

17 ‘‘Commissioner’’ and inserting ‘‘Sec18 retary’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘Service’’ and inserting ‘‘U.S. Citizenship 

21 and Immigration Services’’; 

22 (D) in subsection (f)— 

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

24 and inserting ‘‘Secretary’’; 


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1 (ii) by striking ‘‘Immigration and 

2 Naturalization Service’’ and inserting ‘‘De3 partment’’; and 

4 (iii) by striking ‘‘Service,’’ and insert5 ing ‘‘Department,’’; and 

6 (E) in subsection (g)(1), by striking ‘‘Im7 migration Reform, Accountability and Security 

8 Enhancement Act of 2002’’ and inserting 

9 ‘‘Homeland Security Act of 2002 (Public Law 

10 107–296; 116 Stat. 2135)’’. 

11 (3) CLERICAL AMENDMENT.—The table of con12 tents in the first section is amended by striking the 

13 item relating to section 103 and inserting the fol14 lowing: 

‘‘Sec. 103. Powers and duties.’’. 

15 (c) SECTION 105.—Section 105(a) is amended (8 

16 U.S.C. 1105(a)) by striking ‘‘Commissioner’’ each place 

17 that term appears and inserting ‘‘Secretary’’. 

18 SEC. 7003. TECHNICAL AMENDMENTS TO TITLE II OF THE 

19 IMMIGRATION AND NATIONALITY ACT. 

20 (a) SECTION 202.—Section 202(a)(1)(B) (8 U.S.C. 

21 1152(a)(1)(B)) is amended by inserting ‘‘the Secretary 

22 or’’ after ‘‘the authority of’’. 

23 (b) SECTION 203.—Section 203 (8 U.S.C. 1153) is 

24 amended— 

25 (1) in subsection (b)(2)(B)(ii)— 


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1 (A) in subclause (II)— 

2 (i) by inserting ‘‘the Secretary or’’ be3 fore ‘‘the Attorney General’’; and 

4 (ii) by moving such subclause 4 ems 

5 to the left; and 

6 (B) by moving subclauses (III) and (IV) 4 

7 ems to the left; and 

8 (2) in subsection (g)— 

9 (A) by striking ‘‘Secretary’s’’ and inserting 

10 ‘‘Secretary of State’s’’; and 

11 (B) by inserting ‘‘of State’’ after ‘‘but the 

12 Secretary’’. 

13 (c) SECTION 204.—Section 204 (8 U.S.C. 1154) is 

14 amended— 

15 (1) in subsection (a)(1)— 

16 (A) in subparagraph (B)(i)— 

17 (i) by redesignating the second sub18 clause (I), as added by section 

19 402(a)(3)(B) of the Adam Walsh Child 

20 Protection and Safety Act of 2006 (Public 

21 Law 109–248), as subclause (II); and 

22 (ii) indenting the left margin of such 

23 subclause two ems from the left margin; 

24 and 


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1 (B) in subparagraph (G)(ii), by inserting 

2 ‘‘of State’’ after ‘‘by the Secretary’’; 

3 (2) in subsection (c), by inserting ‘‘the Sec4 retary or’’ before ‘‘the Attorney General’’ each place 

5 that term appears; and 

6 (3) in subsection (e), by inserting ‘‘to’’ after 

7 ‘‘admitted’’. 

8 (d) SECTION 208.—Section 208 (8 U.S.C. 1158) is 

9 amended— 

10 (1) in subsection (a)(2)— 

11 (A) by inserting ‘‘the Secretary or’’ before 

12 ‘‘Attorney General’’ in subparagraph (A); 

13 (B) by inserting ‘‘the Secretary or’’ before 

14 ‘‘Attorney General’’ in subparagraph (D); 

15 (2) in subsection (b)(2) by inserting ‘‘the Sec16 retary or’’ before ‘‘Attorney General’’ wherever the 

17 term appears; 

18 (3) in subsection (c)— 

19 (A) in paragraph (1), by striking ‘‘the At20 torney General’’ and inserting ‘‘the Secretary’’; 

21 (B) in paragraphs (2) and (3), by inserting 

22 ‘‘the Secretary or’’ before ‘‘Attorney General’’ 

23 each place that term appears; and 

24 (4) in subsection (d)— 


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1 (A) in paragraph (1), by inserting ‘‘the 

2 Secretary or’’ before ‘‘the Attorney General’’, 

3 (B) in paragraph (2), by striking ‘‘Attor4 ney General’’ and inserting ‘‘Secretary’’; 

5 (C) in paragraph (3)— 

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

7 each place that term appears and inserting 

8 ‘‘Secretary’’; and 

9 (ii) by striking ‘‘Attorney General’s’’ 

10 and inserting ‘‘Secretary’s’’; and 

11 (D) in paragraphs (4) through (6), by in12 serting ‘‘the Secretary or’’ before ‘‘the Attorney 

13 General’’; and 

14 (e) SECTION 209.—Section 209(a)(1)(A) (8 U.S.C. 

15 1159(a)(1)(A)) is amended by striking ‘‘Secretary of 

16 Homeland Security or the Attorney General’’ each place 

17 that term appears and inserting ‘‘Secretary’’. 

18 (f) SECTION 212.—Section 212 (8 U.S.C. 1182) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2), in subparagraphs 

22 (C), (H)(ii), and (I), by inserting ‘‘, the Sec23 retary,’’ before ‘‘or the Attorney General’’ each 

24 place that term appears; 

25 (B) in paragraph (3)— 


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1 (i) in subparagraphs (A) and 

2 (B)(ii)(II), by inserting ‘‘, the Secretary,’’ 

3 before ‘‘or the Attorney General’’ each 

4 place that term appears; and 

5 (ii) in subparagraph (D), by inserting 

6 ‘‘the Secretary or’’ before ‘‘the Attorney 

7 General’’ each place that term appears; 

8 (C) in paragraph (4)— 

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

10 ‘‘the Secretary or’’ before ‘‘the Attorney 

11 General’’; and 

12 (ii) in subparagraph (B), by inserting 

13 ‘‘, the Secretary,’’ before ‘‘or the Attorney 

14 General’’ each place that term appears; 

15 (D) in paragraph (5)(C), by striking ‘‘or, 

16 in the case of an adjustment of status, the At17 torney General, a certificate from the Commis18 sion on Graduates of Foreign Nursing Schools, 

19 or a certificate from an equivalent independent 

20 credentialing organization approved by the At21 torney General’’ and inserting ‘‘or, in the case 

22 of an adjustment of status, the Secretary or the 

23 Attorney General, a certificate from the Com24 mission on Graduates of Foreign Nursing 

25 Schools, or a certificate from an equivalent 


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1 independent credentialing organization ap2 proved by the Secretary’’; 

3 (E) in paragraph (9)— 

4 (i) in subparagraph (B)(v)— 

5 (I) by inserting ‘‘or the Sec6 retary’’ after ‘‘Attorney General’’ each 

7 place that term appears; and 

8 (II) by striking ‘‘has sole discre9 tion’’ and inserting ‘‘have discretion’’; 

10 and 

11 (ii) in subparagraph (C)(iii), by in12 serting ‘‘or the Attorney General’’ after 

13 ‘‘Secretary of Homeland Security’’; and 

14 (F) in paragraph (10)(C), in clauses 

15 (ii)(III) and (iii)(II), by striking ‘‘Secretary’s’’ 

16 and inserting ‘‘Secretary of State’s’’; 

17 (2) in subsection (d), in paragraphs (11) and 

18 (12), by inserting ‘‘or the Secretary’’ after ‘‘Attor19 ney General’’ each place that term appears; 

20 (3) in subsection (e), by striking the first pro21 viso and inserting the following: ‘‘Provided, That 

22 upon the favorable recommendation of the Director, 

23 pursuant to the request of an interested United 

24 States Government agency (or, in the case of an 

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1 quest of a State Department of Public Health, or its 

2 equivalent), or of the Secretary after the Secretary 

3 has determined that departure from the United 

4 States would impose exceptional hardship upon the 

5 alien’s spouse or child (if such spouse or child is a 

6 citizen of the United States or a lawfully resident 

7 alien), or that the alien cannot return to the country 

8 of his or her nationality or last residence because the 

9 alien would be subject to persecution on account of 

10 race, religion, or political opinion, the Secretary may 

11 waive the requirement of such two-year foreign resi12 dence abroad in the case of any alien whose admis13 sion to the United States is found by the Secretary 

14 to be in the public interest except that in the case 

15 of a waiver requested by a State Department of 

16 Public Health, or its equivalent, or in the case of a 

17 waiver requested by an interested United States 

18 Government agency on behalf of an alien described 

19 in clause (iii), the waiver shall be subject to the re20 quirements under section 214(l):’’; 

21 (4) in subsections (g), (h), (i), and (k), by in22 serting ‘‘or the Secretary’’ after ‘‘Attorney General’’ 

23 each place that term appears; 


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1 (5) in subsection (m)(2)(E)(iv), by inserting ‘‘of 

2 Labor’’ after ‘‘Secretary’’ the second and third place 

3 that term appears; 

4 (6) in subsection (n), by inserting ‘‘of Labor’’ 

5 after ‘‘Secretary’’ each place that term appears, ex6 cept that this amendment shall not apply to ref7 erences to the ‘‘Secretary of Labor’’; and 

8 (7) in subsection (s), by inserting ‘‘, the Sec9 retary,’’ before ‘‘or the Attorney General’’. 

10 (g) SECTION 213A.—Section 213A (8 U.S.C. 1183a) 

11 is amended— 

12 (1) in subsection (a)(1), in the matter pre13 ceding paragraph (1), by inserting ‘‘, the Secretary,’’ 

14 after ‘‘the Attorney General’’; and 

15 (2) in subsection (f)(6)(B), by inserting ‘‘the 

16 Secretary,’’ after ‘‘The Secretary of State,’’. 

17 (h) SECTION 214.—Section 214(c)(9)(A) (8 U.S.C. 

18 1184(c)(9)(A) is amended, in the matter preceding clause 

19 (i), by striking ‘‘before’’. 

20 (i) SECTION 217.—Section 217 (8 U.S.C. 1187) is 

21 amended— 

22 (1) in subsection (e)(3)(A), by inserting a 

23 comma after ‘‘Regulations’’; 


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1 (2) in subsection (f)(2)(A), by striking ‘‘section 

2 (c)(2)(C),’’ and inserting ‘‘subsection (c)(2)(C),’’; 

3 and 

4 (3) in subsection (h)(3)(A), by striking ‘‘the 

5 alien’’ and inserting ‘‘an alien’’. 

6 (j) SECTION 218.—Section 218 (8 U.S.C. 1188) is 

7 amended— 

8 (1) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 

9 each place that term appears, except that this 

10 amendment shall not apply to references to the 

11 ‘‘Secretary of Labor’’ or to the ‘‘Secretary of Agri12 culture’’; 

13 (2) in subsection (c)(3)(B)(iii), by striking 

14 ‘‘Secretary’s’’ and inserting ‘‘Secretary of Labor’s’’; 

15 and 

16 (3) in subsection (g)(4), by striking ‘‘Sec17 retary’s’’ and inserting ‘‘Secretary of Agriculture’s’’. 

18 (k) SECTION 219.—Section 219 (8 U.S.C. 1189) is 

19 amended— 

20 (1) in subsection (a)(1)(B)— 

21 (A) by inserting a close parenthesis after 

22 ‘‘section 212(a)(3)(B)’’; and 

23 (B) by striking the close parenthesis before 

24 the semicolon; 


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1 (2) in subsection (c)(3)(D), by striking ‘‘(2),’’ 

2 and inserting ‘‘(2);’’; and 

3 (3) in subsection (d)(4), by striking ‘‘the Sec4 retary of the Treasury’’ and inserting ‘‘the Secretary 

5 of Homeland Security, the Secretary of the Treas6 ury,’’. 

7 (l) SECTION 222.—Section 222 (8 U.S.C. 1202)— 

8 (1) by inserting ‘‘or the Secretary’’ after ‘‘Sec9 retary of State’’ each place that term appears; and 

10 (2) in subsection (f)— 

11 (A) in the matter preceding paragraph (1), 

12 by inserting ‘‘, the Department,’’ after ‘‘De13 partment of State’’; and 

14 (B) in paragraph (2), by striking ‘‘Sec15 retary’s’’ and inserting ‘‘their’’. 

16 (m) SECTION 231.—Section 231 (8 U.S.C. 1221) is 

17 amended— 

18 (1) in subsection (c)(10), by striking ‘‘Attorney 

19 General,’’ and inserting ‘‘Secretary,’’; 

20 (2) in subsection (f), by striking ‘‘Attorney 

21 General’’ each place that term appears and inserting 

22 ‘‘Secretary’’; 

23 (3) in subsection (g)— 


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1 (A) by striking ‘‘Attorney General’’ each 

2 places that term appears and inserting ‘‘Sec3 retary’’; 

4 (B) by striking ‘‘Commissioner’’ each place 

5 that term appears and inserting ‘‘Secretary’’; 

6 and 

7 (4) in subsection (h), by striking ‘‘Attorney 

8 General’’ each place that term appears and inserting 

9 ‘‘Secretary’’. 

10 (n) SECTION 236.—Section 236 (8 U.S.C. 1226) is 

11 amended— 

12 (1) in subsection (a)(2)(A), by inserting ‘‘the 

13 Secretary or’’ before ‘‘the Attorney General’’ the 

14 third place that term appears; and 

15 (2) in subsection (e)— 

16 (A) by striking ‘‘review.’’ and inserting 

17 ‘‘review, other than administrative review by the 

18 Attorney General pursuant to the authority 

19 granted under section 103(g).’’; and 

20 (B) by inserting ‘‘the Secretary or’’ before 

21 ‘‘the Attorney General under’’. 

22 (o) SECTION 236A.—Section 236A(a)(4) (8 U.S.C. 

23 1226a(a)(4)) is amended by striking ‘‘Deputy Attorney 

24 General’’ both places that term appears and inserting 

25 ‘‘Deputy Secretary of Homeland Security’’. 


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1 (p) SECTION 237.—Section 237(a) (8 U.S.C. 

2 1227(a)) is amended— 

3 (1) in the matter preceding paragraph (1), by 

4 inserting ‘‘following the initiation by the Secretary 

5 of removal proceedings’’ after ‘‘upon the order of the 

6 Attorney General’’; and 

7 (2) in paragraph (2)(E), in the subparagraph 

8 heading, by striking ‘‘, CRIMES AGAINST CHILDREN

9 AND’’ and inserting ‘‘; CRIMES AGAINST CHILDREN’’. 

10 (q) SECTION 238.—Section 238 (8 U.S.C. 1228) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (2), by striking ‘‘Attor14 ney General’’ each place that term appears and 

15 inserting ‘‘Secretary’’; and 

16 (B) in paragraphs (3) and (4)(A), by in17 serting ‘‘and the Secretary’’ after ‘‘Attorney 

18 General’’ each place that term appears; and 

19 (2) in subsection (e), as redesignated by section 

20 1503(a)(4)— 

21 (A) by striking ‘‘Commissioner’’ each place 

22 that term appears and inserting ‘‘Secretary’’; 

23 (B) by striking ‘‘Attorney General’’ each 

24 place that term appears and inserting ‘‘Sec25 retary’’; and 


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1 (C) in subparagraph (D)(iv), by striking 

2 ‘‘Attorney General’’ and inserting ‘‘United 

3 States Attorney’’. 

4 (r) SECTION 239.—Section 239(a)(1) (8 U.S.C. 

5 1229(a)(1)) is amended by inserting ‘‘and the Secretary’’ 

6 after ‘‘Attorney General’’ each place that term appears. 

7 (s) SECTION 240.—Section 240 (8 U.S.C. 1229a) is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1), by inserting ‘‘, with 

11 the concurrence of the Secretary with respect to 

12 employees of the Department’’ after ‘‘Attorney 

13 General’’; and 

14 (B) in paragraph (5)(A), by inserting ‘‘the 

15 Secretary or’’ before ‘‘the Attorney General’’; 

16 and 

17 (2) in subsection (c)— 

18 (A) in paragraph (2), by inserting ‘‘, the 

19 Secretary of State, or the Secretary’’ before ‘‘to 

20 be confidential’’; and 

21 (B) in paragraph (7)(C)(iv)(I), by striking 

22 ‘‘240A(b)(2)’’ and inserting ‘‘section 

23 240A(b)(2)’’. 

24 (t) SECTION 240A.—Section 240A(b) (8 U.S.C. 

25 1229b(b)) is amended— 


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1 (1) in paragraph (3), by striking ‘‘Attorney 

2 General shall’’ and inserting ‘‘Secretary shall’’; and 

3 (2) in paragraph (4)(A), by striking ‘‘Attorney 

4 General’’ and inserting ‘‘Secretary’’. 

5 (u) SECTION 240B.—Section 240B (8 U.S.C. 1229c) 

6 is amended— 

7 (1) in subsection (a), in paragraphs (1) and 

8 (3), by inserting ‘‘or the Secretary’’ after ‘‘Attorney 

9 General’’ each place that term appears; and 

10 (2) in subsection (c), by inserting ‘‘and the Sec11 retary’’ after ‘‘Attorney General’’. 

12 (v) SECTION 241.—Section 241 (8 U.S.C. 1231) is 

13 amended— 

14 (1) in subsection (a)(4)(B)(i), by inserting a 

15 close parenthesis after ‘‘(L)’’; 

16 (2) in subsection (g)(2)— 

17 (A) by striking the paragraph heading and 

18 inserting ‘‘DETENTION FACILITIES OF THE DE19 PARTMENT OF HOMELAND SECURITY.—’’; and 

20 (B) by striking ‘‘Service, the Commis21 sioner’’ and inserting ‘‘Department, the Sec22 retary’’. 

23 (w) SECTION 242.—Section 242(g) (8 U.S.C. 

24 1252(g)) is amended by inserting ‘‘the Secretary or’’ be25 fore ‘‘the Attorney General’’. 


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1 (x) SECTION 243.—Section 243 (8 U.S.C. 1253) is 

2 amended— 

3 (1) in subsection (c)(1)— 

4 (A) by striking ‘‘Attorney General’’ each 

5 place that term appears and inserting ‘‘Sec6 retary’’; and 

7 (B) by striking ‘‘Commissioner’’ each place 

8 that term appears and inserting ‘‘Secretary’’; 

9 and 

10 (2) in subsection (d), by inserting ‘‘of State’’ 

11 after ‘‘notifies the Secretary’’. 

12 (y) SECTION 244.—Section 244 (8 U.S.C. 1254a) is 

13 amended— 

14 (1) in subsection (c)(2), by inserting ‘‘or the 

15 Secretary’’ after ‘‘Attorney General’’ each place the 

16 term appears; and 

17 (2) in subsection (g), by inserting ‘‘or the Sec18 retary’’ after ‘‘Attorney General’’. 

19 (z) SECTION 245.—Section 245 (8 U.S.C. 1255) is 

20 amended— 

21 (1) by inserting ‘‘or the Secretary’’ after ‘‘At22 torney General’’ each place that term appears except 

23 in subsections (j) (other than the first reference), (l), 

24 and (m); 


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1 (2) in subsection (c)(5), by striking the comma 

2 after ‘‘section 101(a)(15)(S)’’ and inserting a semi3 colon; 

4 (3) in subsection (k)(1), adding an ‘‘and’’ at 

5 the end; 

6 (4) in subsection (l)— 

7 (A) in paragraph (1), by inserting a 

8 comma after ‘‘appropriate’’; and 

9 (B) in paragraph (2)— 

10 (i) in the matter preceding paragraph 

11 (1), by striking ‘‘Attorney General’s’’ and 

12 inserting ‘‘Secretary’s’’; and 

13 (ii) in subparagraph (B), by striking 

14 ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. 

15 (aa) SECTION 245A.—Section 245A (8 U.S.C. 

16 1255a) is amended— 

17 (1) in subsection (c)(7), by striking subpara18 graph (C); and 

19 (2) in subsection (h)— 

20 (A) in paragraph (4)(C), by striking ‘‘The 

21 The’’ and inserting ‘‘The’’; and 

22 (B) in paragraph (5), by striking ‘‘(Public 

23 Law 96–122),’’ and inserting ‘‘(8 U.S.C. 1522 

24 note),’’. 


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1 (bb) SECTION 246.—Section 246(a) (8 U.S.C. 

2 1256(a)) is amended— 

3 (1) by inserting ‘‘or the Secretary’’ after ‘‘of 

4 the Attorney General’’; 

5 (2) by inserting ‘‘or the Secretary’’ after ‘‘sta6 tus, the Attorney General’’; and 

7 (3) by striking ‘‘Attorney General to rescind’’ 

8 and inserting ‘‘Secretary to rescind’’. 

9 (cc) SECTION 249.—Section 249 (8 U.S.C. 1259) is 

10 amended by inserting ‘‘or the Secretary’’ after ‘‘Attorney 

11 General’’ each place that term appears. 

12 (dd) SECTION 251.—Section 251(d) (8 U.S.C. 

13 1281(d)) is amended— 

14 (1) by striking ‘‘Attorney General’’ each place 

15 that term appears and inserting ‘‘Secretary’’; and 

16 (2) by striking ‘‘Commissioner’’ each place that 

17 term appears and inserting ‘‘Secretary’’. 

18 (ee) SECTION 254.—Section 254(a) (8 U.S.C. 

19 1284(a)) is amended by striking ‘‘Commissioner’’ each 

20 place that term appears and inserting ‘‘Secretary’’. 

21 (ff) SECTION 255.—Section 255 (8 U.S.C. 1285) is 

22 amended by striking ‘‘Commissioner’’ each place that term 

23 appears and inserting ‘‘Secretary’’. 

24 (gg) SECTION 256.—Section 256 (8 U.S.C. 1286) is 

25 amended— 


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1 (1) by striking ‘‘Commissioner’’ each place that 

2 term appears and inserting ‘‘Secretary’’; 

3 (2) in the first and second sentences, by strik4 ing ‘‘Attorney General’’ each place that term ap5 pears and inserting ‘‘Secretary’’. 

6 (hh) SECTION 258.—Section 258 (8 U.S.C. 1288) is 

7 amended— 

8 (1) by inserting ‘‘of Labor’’ after ‘‘Secretary’’ 

9 each place that term appears (except for in sub10 section (e)(2)), except that this amendment shall not 

11 apply to references to the ‘‘Secretary of Labor’’, 

12 ‘‘the Secretary of State’’; 

13 (2) in subsection (d)(2)(A), by striking ‘‘at’’ 

14 after ‘‘while’’; and 

15 (3) in subsection (e)(2), by striking ‘‘the Sec16 retary shall’’ and inserting ‘‘the Secretary of State 

17 shall’’. 

18 (ii) SECTION 264.—Section 264(f) (8 U.S.C. 

19 1304(f)) is amended by striking ‘‘Attorney General is’’ 

20 and inserting ‘‘Attorney General and the Secretary are’’. 

21 (jj) SECTION 272.—Section 272 (8 U.S.C. 1322) is 

22 amended by striking ‘‘Commissioner’’ each place that term 

23 appears and inserting ‘‘Secretary’’. 

24 (kk) SECTION 273.—Section 273 (8 U.S.C. 1323) is 

25 amended— 


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1 (1) by striking ‘‘Commissioner’’ each place that 

2 term appears and inserting ‘‘Secretary’’; and 

3 (2) by striking ‘‘Attorney General’’ each place 

4 that term appears (except in subsection (e), in the 

5 matter preceding paragraph (1)) and inserting ‘‘Sec6 retary’’. 

7 (ll) SECTION 274.—Section 274(b)(2) (8 U.S.C. 

8 1324(b)(2)) is amended by striking ‘‘Secretary of the 

9 Treasury’’ and inserting ‘‘Secretary’’. 

10 (mm) SECTION 274B.—Section 274B(f)(2) (8 U.S.C. 

11 1324b(f)(2)) is amended by striking ‘‘subsection’’ and in12 serting ‘‘section’’. 

13 (nn) SECTION 274C.—Section 274C(d)(2)(A) (8 

14 U.S.C. 1324c(d)(2)(A)) is amended by inserting ‘‘or the 

15 Secretary’’ after ‘‘subsection (a), the Attorney General’’. 

16 (oo) SECTION 274D.—Section 274D(a)(2) (8 U.S.C. 

17 1324d(a)(2)) is amended by striking ‘‘Commissioner’’ and 

18 inserting ‘‘Secretary’’. 

19 (pp) SECTION 286.—Section 286 (8 U.S.C. 1356) is 

20 amended— 

21 (1) in subsection (q)(1)(B), by striking ‘‘, in 

22 consultation with the Secretary of the Treasury,’’; 

23 (2) in subsection (r)(2), by striking ‘‘section 

24 245(i)(3)(b)’’ and inserting ‘‘section 245(i)(3)(B)’’; 

25 (3) in subsection (s)(5)— 


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1 (A) by striking ‘‘5 percent’’ and inserting 

2 ‘‘USE OF FEES FOR DUTIES RELATING TO PETI3 TIONS.—Five percent’’; and 

4 (4) by striking ‘‘paragraph (1) (C) or (D) of 

5 section 204’’ and inserting ‘‘subparagraph (C) or 

6 (D) of section 204(a)(1)’’; and 

7 (5) in subsection (v)(2)(A)(i), by adding ‘‘of’’ 

8 after ‘‘number’’. 

9 (qq) SECTION 294.—Section 294 (8 U.S.C. 1363a) 

10 is amended— 

11 (1) in subsection (a), in the undesignated mat12 ter following paragraph (4), by striking ‘‘Commis13 sioner, in consultation with the Deputy Attorney 

14 General,’’ and inserting ‘‘Secretary’’; and 

15 (2) in subsection (d), by striking ‘‘Deputy At16 torney General’’ and inserting ‘‘Secretary’’. 

17 SEC. 7004. TECHNICAL AMENDMENTS TO TITLE III OF THE 

18 IMMIGRATION AND NATIONALITY ACT. 

19 (a) SECTION 316.—Section 316 (8 U.S.C. 1427) is 

20 amended— 

21 (1) in subsection (d), by inserting ‘‘or by the 

22 Secretary’’ after ‘‘Attorney General’’; and 

23 (2) in subsection (f)(1), by striking ‘‘Intel24 ligence, the Attorney General and the Commissioner 


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1 of Immigration’’ and inserting ‘‘Intelligence and the 

2 Secretary’’. 

3 (b) SECTION 322.—Section 322(a)(1) (8 U.S.C. 

4 1433(a)(1)) is amended— 

5 (1) by inserting ‘‘is’’ before ‘‘(or,’’; and 

6 (2) by striking ‘‘is’’ before ‘‘a citizen’’. 

7 (c) SECTION 342.— 

8 (1) SECTION HEADING.— 

9 (A) IN GENERAL.—Section 342 (8 U.S.C. 

10 1453) is amended by striking the section head11 ing and inserting ‘‘CANCELLATION OF CER12 TIFICATES; ACTION NOT TO AFFECT CITI13 ZENSHIP STATUS’’. 

14 (B) CLERICAL AMENDMENT.—The table of 

15 contents in the first section is amended by 

16 striking the item relating to section 342 and in17 serting the following: 

‘‘Sec. 342. Cancellation of certificates; action not to affect citizenship status.’’. 

18 (2) IN GENERAL.—Section 342 (8 U.S.C. 1453) 

19 is amended— 

20 (A) by striking ‘‘heretofore issued or made 

21 by the Commissioner or a Deputy Commis22 sioner or hereafter made by the Attorney Gen23 eral’’; and 

24 (B) by striking ‘‘practiced upon, him or 

25 the Commissioner or a Deputy Commissioner;’’. 


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1 SEC. 7005. TECHNICAL AMENDMENT TO TITLE IV OF THE 

2 IMMIGRATION AND NATIONALITY ACT. 

3 Section 412(a)(2)(C)(i) (8 U.S.C. 1522(a)(2)(C)(i)) 

4 is amended by striking ‘‘insure’’ and inserting ‘‘ensure’’. 

5 SEC. 7006. TECHNICAL AMENDMENTS TO TITLE V OF THE 

6 IMMIGRATION AND NATIONALITY ACT. 

7 (a) SECTION 504.—Section 504 (8 U.S.C. 1534) is 

8 amended— 

9 (1) in subsection (a)(1)(A), by striking ‘‘a’’ be10 fore ‘‘removal proceedings’’; 

11 (2) in subsection (i), by striking ‘‘Attorney Gen12 eral’’ inserting ‘‘Government’’; and 

13 (3) in subsection (k)(2), by striking ‘‘by’’. 

14 (b) SECTION 505.—Section 505(e)(2) (8 U.S.C. 

15 1535(e)(2)) is amended by inserting ‘‘and the Secretary’’ 

16 after ‘‘Attorney General’’. 

17 SEC. 7007. OTHER AMENDMENTS. 

18 (a) CORRECTION OF COMMISSIONER OF IMMIGRA19 TION AND NATURALIZATION.— 

20 (1) IN GENERAL.—The Immigration and Na21 tionality Act (8 U.S.C. 1101 et seq.) as amended by 

22 this Act, is further amended by striking ‘‘Commis23 sioner’’ and ‘‘Commissioner of Immigration and 

24 Naturalization’’ each place those terms appear and 

25 inserting ‘‘Secretary’’. 


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1 (2) EXCEPTION FOR COMMISSIONER OF SOCIAL

2 SECURITY.—The amendment made by paragraph (1) 

3 shall not apply to any reference to the ‘‘Commis4 sioner of Social Security’’. 

5 (b) CORRECTION OF IMMIGRATION AND NATU6 RALIZATION SERVICE.—The Immigration and Nationality 

7 Act (8 U.S.C. 1101 et seq.), as amended by this Act, is 

8 further amended by striking ‘‘Service’’ and ‘‘Immigration 

9 and Naturalization Service’’ each place those terms appear 

10 and inserting ‘‘Department’’. 

11 (c) CORRECTION OF DEPARTMENT OF JUSTICE.— 

12 (1) IN GENERAL.—The Immigration and Na13 tionality Act (8 U.S.C. 1101 et seq.), as amended by 

14 this Act, is further amended by striking ‘‘Depart15 ment of Justice’’ each place that term appears and 

16 inserting ‘‘Department’’. 

17 (2) EXCEPTIONS.—The amendment made by 

18 paragraph (1) shall not apply in— 

19 (A) subsections (d)(3)(A) and (r)(5)(A) of 

20 section 214 (8 U.S.C. 1184); 

21 (B) section 274B(c)(1) (8 U.S.C. 

22 1324b(c)(1)); or 

23 (C) title V (8 U.S.C. 1531 et seq.). 

24 (d) CORRECTION OF ATTORNEY GENERAL.—The Im25 migration and Nationality Act (8 U.S.C. 1101 et seq.) as 


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1 amended by this Act, is further amended by striking ‘‘At2 torney General’’ each place that term appears and insert3 ing ‘‘Secretary’’, except for in the following: 

4 (1) Any joint references to the ‘‘Attorney Gen5 eral and the Secretary of Homeland Security’’ or 

6 ‘‘the Secretary of Homeland Security and the Attor7 ney General’’. 

8 (2) Section 101(a)(5). 

9 (3) Subparagraphs (S), (T), and (V) of section 

10 101(a)(15). 

11 (4) Section 101(a)(47)(A). 

12 (5) Section 101(b)(4). 

13 (6) Subsections (a)(1) and (g) of section 103. 

14 (7) Subsections (b)(1) and (c) of section 105. 

15 (8) Section 204(c). 

16 (9) Section 208. 

17 (10) Subparagraphs (C), (H), and (I) of section 

18 212(a)(2). 

19 (11) Subparagraphs (A), (B)(ii)(II), and (D) of 

20 section 212(a)(3). 

21 (12) Section 212(a)(9)(C)(iii). 

22 (13) Paragraphs (11) and (12) of section 

23 212(d). 

24 (14) Subsections (g), (h), (i), (k), and (s) of 

25 section 212. 


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1 (15) Subsections (a)(1) and (f)(6)(B) of section 

2 213A. 

3 (16) Section 216(d)(2)(c). 

4 (17) Section 219(d)(4). 

5 (18) Section 235(b)(1)(B)(iii)(III). 

6 (19) The second sentence of section 236(e). 

7 (20) Section 237. 

8 (21) Paragraphs (1), (3), and (4)(A) of section 

9 238(a). 

10 (22) Paragraphs (1) and (5) of section 238(b). 

11 (23) Section 238(c)(2)(D)(iv). 

12 (24) Subsections (a) and (b) of section 239. 

13 (25) Section 240. 

14 (26) Section 240A. 

15 (27) Subsections (a)(1), (a)(3), (b), and (c) of 

16 section 240B. 

17 (28) The first reference in section 

18 241(a)(4)(B)(i). 

19 (29) Section 241(b)(3) (except for the first ref20 erence in subparagraph (A), to which the amend21 ment shall apply). 

22 (30) Section 241(i) (except for paragraph 

23 (3)(B)(i), to which the amendment shall apply). 

24 (31) Section 242(a)(2)(B). 


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1 (32) Section 242(b) (except for paragraph (8), 

2 to which the amendment shall apply). 

3 (33) Section 242(g). 

4 (34) Subsections (a)(3)(C), (c)(2), (e), and (g) 

5 of section 244. 

6 (35) Section 245 (except for subsection 

7 (i)(1)(B)(i), subsection (i)(3)) and the first reference 

8 to the Attorney General in subsection 245(j)). 

9 (36) Section 245A(a)(1)(A). 

10 (37) Section 246(a). 

11 (38) Section 249. 

12 (39) Section 264(f). 

13 (40) Section 274(e). 

14 (41) Section 274A. 

15 (42) Section 274B. 

16 (43) Section 274C. 

17 (44) Section 292. 

18 (45) Subsections (d) and (f)(1) of section 316. 

19 (46) Section 342. 

20 (47) Section 412(f)(1)(A). 

21 (48) Title V (except for subsections 506(a)(1) 

22 and 507(b), (c), and (d) (first reference), to which 

23 the amendment shall apply). 

24 SEC. 7008. REPEALS; RULE OF CONSTRUCTION. 

25 (a) REPEALS.— 


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1 (1) IMMIGRATION AND NATURALIZATION SERV2 ICE.— 

3 (A) IN GENERAL.—Section 4 of the Act of 

4 February 14, 1903 (32 Stat. 826, chapter 552; 

5 8 U.S.C. 1551) is repealed. 

6 (B) 8 U.S.C. 1551.—The language of the 

7 compilers set out in section 1551 of title 8 of 

8 the United States Code shall be removed from 

9 the compilation of such title 8. 

10 (2) COMMISSIONER OF IMMIGRATION AND NAT11 URALIZATION; OFFICE.— 

12 (A) IN GENERAL.—Section 7 of the Act of 

13 March 3, 1891 (26 Stat. 1085, chapter 551; 8 

14 U.S.C. 1552) is repealed. 

15 (B) 8 U.S.C. 1552.—The language of the 

16 compilers set out in section 1552 of title 8 of 

17 the United States Code shall be removed from 

18 the compilation of such title 8. 

19 (3) ASSISTANT COMMISSIONERS AND DISTRICT

20 DIRECTOR; COMPENSATION AND SALARY GRADE.— 

21 Title II of the Department of Justice Appropriation 

22 Act, 1957 (70 Stat. 307, chapter 414; 8 U.S.C. 

23 1553) is amended, in the matter under the heading 

24 ‘‘Immigration and Naturalization Service’’ and 

25 under the subheading ‘‘SALARIES AND EXVerDate Sep 11 2014 23:02 Dec 06, 2017 Jkt 079200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\S2192.PCS S2192

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1 PENSES’’, by striking ‘‘That the compensation of 

2 the five assistant commissioners and one district di3 rector shall be at the rate of grade GS–16: Provided 

4 further’’. 

5 (4) SPECIAL IMMIGRANT INSPECTORS AT WASH6 INGTON.—The Act of March 2, 1895 (28 Stat. 780, 

7 chapter 177; 8 U.S.C. 1554) is amended in the mat8 ter following the heading ‘‘Bureau of Immigration:’’ 

9 by striking ‘‘That hereafter special immigrant in10 spectors, not to exceed three, may be detailed for 

11 duty in the Bureau at Washington: And provided 

12 further,’’. 

13 (b) RULE OF CONSTRUCTION.—Nothing in this title 

14 may be construed to repeal or limit the applicability of 

15 sections 462 and 1512 of the Homeland Security Act of 

16 2002 (6 U.S.C. 279 and 552) with respect to any provi17 sion of law or matter not specifically addressed by the 

18 amendments made by this title. 

19 SEC. 7009. MISCELLANEOUS TECHNICAL CORRECTION. 

20 Section 7 of the Central Intelligence Agency Act of 

21 1949 (50 U.S.C. 3508) is amended by striking ‘‘Commis22 sioner of Immigration’’ and inserting ‘‘Secretary of Home23 land Security’’. 


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Calendar No. 275 

115TH CONGRESS 

1ST SESSION S. 2192 

A BILL 

To strengthen border security, increase resources 

other purposes. for enforcement of immigration laws, and for 

DECEMBER 6, 2017 

Read the second time and placed on the calendar 


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