(3) deployment of manned aircraft, unmanned 
aerial surveillance systems, and ground-based sur-
veillance systems to support continuous surveillance 
of the southern border; and 
(4) intelligence analysis support. 
(c) MATERIEL AND LOGISTICAL SUPPORT.—The Sec-
retary of Defense may deploy such materiel, equipment, 
and logistics support as may be necessary to ensure the 
effectiveness of the assistance provided under subsection 
(a). 
(d) READINESS.—To ensure that the use of units and 
personnel of the National Guard of a State authorized 
pursuant to this section does not degrade the training and 
readiness of such units and personnel, the Secretary of 
Defense shall consider the following requirements when 
authorizing or approving support under subsection (a): 
(1) The performance of such support may not 
affect adversely the quality of such training or readi-
ness or otherwise interfere with the ability of a unit 
or personnel of the National Guard of a State to 
perform the military functions of such member or 
unit. 
(2) The performance of such support may not 
degrade the military skills of the units or personnel 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
of the National Guard of a State performing such 
support. 
(e) REPORT ON READINESS.—Upon the request of 
the Secretary, the Secretary of Defense shall provide to 
the Secretary a report on the readiness of units and per-
sonnel of the National Guard that the Secretary of De-
fense determines are capable of providing such support. 
(f) REIMBURSEMENT NOTIFICATION.—Prior to pro-
viding any support under subsection (a), the Secretary of 
Defense shall notify the Secretary whether the requested 
support will be reimbursed under section 277 of title 10, 
United States Code. 
(g) REIMBURSEMENT TO STATES.—The Secretary of 
Defense may reimburse a State for costs incurred in the 
deployment of any units or personnel of the National 
Guard pursuant to subsection (a). 
(h) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this section may be construed as affecting the authorities 
under chapter 9 of title 32, United States Code. 
(i) REPORTS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act and bian-
nually thereafter through December 31, 2021, the 
Secretary of Defense shall submit to the appropriate 
congressional defense committees (as defined in sec-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
tion 101(a)(16) of title 10, United States Code) a 
report regarding any support provided pursuant to 
subsection (a) for the six month period preceding 
each such report. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include a description of— 
(A) the support provided; and 
(B) the sources and amounts of funds obli-
gated and expended to provide such support. 
SEC. 1117. PROHIBITIONS ON ACTIONS THAT IMPEDE BOR-
DER SECURITY ON CERTAIN FEDERAL LAND. 
(a) PROHIBITION
ON INTERFERENCE WITH U.S. 
CUSTOMS AND BORDER PROTECTION.— 
(1) IN
GENERAL.—The Secretary concerned 
may not impede, prohibit, or restrict activities of 
U.S. Customs and Border Protection on covered 
Federal land to carry out the activities described in 
subsection (b). 
(2) APPLICABILITY.—The authority of U.S. 
Customs and Border Protection to conduct activities 
described in subsection (b) on covered Federal land 
applies without regard to whether a state of emer-
gency exists. 
(b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND 
BORDER PROTECTION.— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(1) IN GENERAL.—U.S. Customs and Border 
Protection shall have immediate access to covered 
Federal land to conduct the activities described in 
paragraph (2) on such land to prevent all unlawful 
entries into the United States, including entries by 
terrorists, unlawful aliens, instruments of terrorism, 
narcotics, and other contraband through the south-
ern border or the northern border. 
(2) ACTIVITIES DESCRIBED.—The activities de-
scribed in this paragraph are— 
(A) carrying out section 102 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (Division C of Public Law 
104–208; 8 U.S.C. 1103 note), as amended by 
section 1111 of this division; 
(B) the execution of search and rescue op-
erations; 
(C) the use of motorized vehicles, foot pa-
trols, and horseback to patrol the border area, 
apprehend illegal entrants, and rescue individ-
uals; and 
(D) the remediation of tunnels used to fa-
cilitate unlawful immigration or other illicit ac-
tivities. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(c) CLARIFICATION RELATING TO WAIVER AUTHOR-
ITY.— 
(1) IN GENERAL.—The activities of U.S. Cus-
toms and Border Protection described in subsection 
(b)(2) may be carried out without regard to the pro-
visions of law specified in paragraph (2). 
(2) PROVISIONS OF LAW SPECIFIED.—The pro-
visions of law specified in this section are all Fed-
eral, State, or other laws, regulations, and legal re-
quirements of, deriving from, or related to the sub-
ject of, the following laws: 
(A) The National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
(B) The Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.). 
(C) The Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) (commonly re-
ferred to as the ‘‘Clean Water Act’’). 
(D) Division A of subtitle III of title 54, 
United States Code (54 U.S.C. 300301 et seq.) 
(formerly known as the ‘‘National Historic 
Preservation Act’’). 
(E) The Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.). 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(F) The Clean Air Act (42 U.S.C. 7401 et 
seq.). 
(G) The Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.). 
(H) The Safe Drinking Water Act (42 
U.S.C. 300f et seq.). 
(I) The Noise Control Act of 1972 (42 
U.S.C. 4901 et seq.). 
(J) The Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(K) The Comprehensive Environmental 
Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.). 
(L) Chapter 3125 of title 54, United 
States Code (formerly known as the ‘‘Archae-
ological and Historic Preservation Act’’). 
(M) The Antiquities Act (16 U.S.C. 431 et 
seq.). 
(N) Chapter 3203 of title 54, United 
States Code (formerly known as the ‘‘Historic 
Sites, Buildings, and Antiquities Act’’). 
(O) The Wild and Scenic Rivers Act (16 
U.S.C. 1271 et seq.). 
(P) The Farmland Protection Policy Act 
(7 U.S.C. 4201 et seq.). 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(Q) The Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.). 
(R) The Wilderness Act (16 U.S.C. 1131 
et seq.). 
(S) The Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
(T) The National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd 
et seq.). 
(U) The Fish and Wildlife Act of 1956 (16 
U.S.C. 742a et seq.). 
(V) The Fish and Wildlife Coordination 
Act (16 U.S.C. 661 et seq.). 
(W) Subchapter II of chapter 5, and chap-
ter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(X) The Otay Mountain Wilderness Act of 
1999 (Public Law 106–145). 
(Y) Sections 102(29) and 103 of the Cali-
fornia Desert Protection Act of 1994 (Public 
Law 103–433). 
(Z) Division A of subtitle I of title 54, 
United States Code (formerly known as the 
‘‘National Park Service Organic Act’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(AA) The National Park Service General 
Authorities Act (Public Law 91–383, 16 U.S.C. 
1a–1 et seq.). 
(BB) Sections 401(7), 403, and 404 of the 
National Parks and Recreation Act of 1978 
(Public Law 95–625). 
(CC) Sections 301(a) through (f) of the 
Arizona Desert Wilderness Act (Public Law 
101–628). 
(DD) The Rivers and Harbors Act of 1899 
(33 U.S.C. 403). 
(EE) The Eagle Protection Act (16 U.S.C. 
668 et seq.). 
(FF) The Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.). 
(GG) The American Indian Religious Free-
dom Act (42 U.S.C. 1996). 
(HH) The National Forest Management 
Act of 1976 (16 U.S.C. 1600 et seq.). 
(II) The Multiple Use and Sustained Yield 
Act of 1960 (16 U.S.C. 528 et seq.). 
(3) APPLICABILITY OF WAIVER TO SUCCESSOR 
LAWS.—If a provision of law specified in paragraph 
(2) was repealed and incorporated into title 54, 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
United States Code, after April 1, 2008, and before 
the date of the enactment of this Act, the waiver de-
scribed in paragraph (1) shall apply to the provision 
of such title that corresponds to the provision of law 
specified in paragraph (2) to the same extent the 
waiver applied to that provision of law. 
(4) SAVINGS
CLAUSE.—The waiver authority 
under this subsection may not be construed as af-
fecting, negating, or diminishing in any manner the 
applicability of section 552 of title 5, United States 
Code (commonly referred to as the ‘‘Freedom of In-
formation Act’’), in any relevant matter. 
(d) PROTECTION OF LEGAL USES.—This section may 
not be construed to provide— 
(1) authority to restrict legal uses, such as 
grazing, hunting, mining, or recreation or the use of 
backcountry airstrips, on land under the jurisdiction 
of the Secretary of the Interior or the Secretary of 
Agriculture; or 
(2) any additional authority to restrict legal ac-
cess to such land. 
(e) EFFECT ON STATE AND PRIVATE LAND.—This 
section shall— 
(1) have no force or effect on State lands or 
private lands; and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(2) not provide authority on or access to State 
lands or private lands. 
(f) TRIBAL SOVEREIGNTY.—Nothing in this section 
may be construed to supersede, replace, negate, or dimin-
ish treaties or other agreements between the United States 
and Indian tribes. 
(g) MEMORANDA
OF UNDERSTANDING.—The re-
quirements of this section shall not apply to the extent 
that such requirements are incompatible with any memo-
randum of understanding or similar agreement entered 
into between the Commissioner and a National Park Unit 
before the date of the enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) COVERED FEDERAL LAND.—The term ‘‘cov-
ered Federal land’’ includes all land under the con-
trol of the Secretary concerned that is located within 
100 miles of the southern border or the northern 
border. 
(2) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) with respect to land under the jurisdic-
tion of the Department of Agriculture, the Sec-
retary of Agriculture; and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(B) with respect to land under the jurisdic-
tion of the Department of the Interior, the Sec-
retary of the Interior. 
SEC. 1118. LANDOWNER AND RANCHER SECURITY EN-
HANCEMENT. 
(a) ESTABLISHMENT OF NATIONAL BORDER SECU-
RITY ADVISORY COMMITTEE.—The Secretary shall estab-
lish a National Border Security Advisory Committee, 
which— 
(1) may advise, consult with, report to, and 
make recommendations to the Secretary on matters 
relating to border security matters, including— 
(A) verifying security claims and the bor-
der security metrics established by the Depart-
ment of Homeland Security under section 1092 
of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223); and 
(B) discussing ways to improve the secu-
rity of high traffic areas along the northern 
border and the southern border; and 
(2) may provide, through the Secretary, rec-
ommendations to Congress. 
(b) CONSIDERATION OF VIEWS.—The Secretary shall 
consider the information, advice, and recommendations of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
the National Border Security Advisory Committee in for-
mulating policy regarding matters affecting border secu-
rity. 
(c) MEMBERSHIP.—The National Border Security 
Advisory Committee shall consist of at least one member 
from each State who— 
(1) has at least five years practical experience 
in border security operations; or 
(2) lives and works in the United States within 
80 miles from the southern border or the northern 
border. 
(d) NONAPPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the National Border 
Security Advisory Committee. 
SEC. 1119. ERADICATION OF CARRIZO CANE AND SALT 
CEDAR. 
(a) IN GENERAL.—Not later than September 30, 
2023, the Secretary, after coordinating with the heads of 
the relevant Federal, State, and local agencies, shall begin 
eradicating the carrizo cane plant and any salt cedar along 
the Rio Grande River that impedes border security oper-
ations. 
(b) EXTENT.—The waiver authority under subsection 
(c) of section 102 of the Illegal Immigration Reform and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note), as amended by section 1111 of this division, shall 
extend to activities carried out pursuant to this section. 
SEC. 1120. SOUTHERN BORDER THREAT ANALYSIS. 
(a) THREAT ANALYSIS.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a Southern border threat anal-
ysis. 
(2) CONTENTS.—The analysis submitted under 
paragraph (1) shall include an assessment of— 
(A) current and potential terrorism and 
criminal threats posed by individuals and orga-
nized groups seeking— 
(i) to unlawfully enter the United 
States through the Southern border; or 
(ii) to exploit security vulnerabilities 
along the Southern border; 
(B) improvements needed at and between 
ports of entry along the Southern border to pre-
vent terrorists and instruments of terror from 
entering the United States; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(C) gaps in law, policy, and coordination 
between State, local, or tribal law enforcement, 
international agreements, or tribal agreements 
that hinder effective and efficient border secu-
rity, counterterrorism, and anti-human smug-
gling and trafficking efforts; 
(D) the current percentage of situational 
awareness achieved by the Department along 
the Southern border; 
(E) the current percentage of operational 
control achieved by the Department on the 
Southern border; and 
(F) traveler crossing times and any poten-
tial security vulnerability associated with pro-
longed wait times. 
(3) ANALYSIS
REQUIREMENTS.—In compiling 
the Southern border threat analysis required under 
this subsection, the Secretary shall consider and ex-
amine— 
(A) the technology needs and challenges, 
including such needs and challenges identified 
as a result of previous investments that have 
not fully realized the security and operational 
benefits that were sought; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(B) the personnel needs and challenges, in-
cluding such needs and challenges associated 
with recruitment and hiring; 
(C) the infrastructure needs and chal-
lenges; 
(D) the roles and authorities of State, 
local, and tribal law enforcement in general bor-
der security activities; 
(E) the status of coordination among Fed-
eral, State, local, tribal, and Mexican law en-
forcement entities relating to border security; 
(F) the terrain, population density, and cli-
mate along the Southern border; and 
(G) the international agreements between 
the United States and Mexico related to border 
security. 
(4) CLASSIFIED FORM.—To the extent possible, 
the Secretary shall submit the Southern border 
threat analysis required under this subsection in un-
classified form, but may submit a portion of the 
threat analysis in classified form if the Secretary de-
termines such action is appropriate. 
(b) U.S. BORDER PATROL STRATEGIC PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the submission of the threat analysis required 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
under subsection (a) or June 30, 2019, and every 
five years thereafter, the Secretary, acting through 
the Chief of the U.S. Border Patrol, shall issue a 
Border Patrol Strategic Plan. 
(2) CONTENTS.—The Border Patrol Strategic 
Plan required under this subsection shall include a 
consideration of— 
(A) the Southern border threat analysis re-
quired under subsection (a), with an emphasis 
on efforts to mitigate threats identified in such 
threat analysis; 
(B) efforts to analyze and disseminate bor-
der security and border threat information be-
tween border security components of the De-
partment and other appropriate Federal depart-
ments and agencies with missions associated 
with the Southern border; 
(C) efforts to increase situational aware-
ness, including— 
(i) surveillance capabilities, including 
capabilities developed or utilized by the 
Department of Defense, and any appro-
priate technology determined to be excess 
by the Department of Defense; and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(ii) the use of manned aircraft and 
unmanned aerial systems, including cam-
era and sensor technology deployed on 
such assets; 
(D) efforts to detect and prevent terrorists 
and instruments of terrorism from entering the 
United States; 
(E) efforts to detect, interdict, and disrupt 
aliens and illicit drugs at the earliest possible 
point; 
(F) efforts to focus intelligence collection 
to disrupt transnational criminal organizations 
outside of the international and maritime bor-
ders of the United States; 
(G) efforts to ensure that any new border 
security technology can be operationally inte-
grated with existing technologies in use by the 
Department; 
(H) any technology required to maintain, 
support, and enhance security and facilitate 
trade at ports of entry, including nonintrusive 
detection equipment, radiation detection equip-
ment, biometric technology, surveillance sys-
tems, and other sensors and technology that the 
Secretary determines to be necessary; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(I) operational coordination unity of effort 
initiatives of the border security components of 
the Department, including any relevant task 
forces of the Department; 
(J) 
lessons 
learned 
from 
Operation 
Jumpstart and Operation Phalanx; 
(K) cooperative agreements and informa-
tion sharing with State, local, tribal, territorial, 
and other Federal law enforcement agencies 
that have jurisdiction on the Northern border 
or the Southern border; 
(L) border security information received 
from consultation with State, local, tribal, terri-
torial, and Federal law enforcement agencies 
that have jurisdiction on the Northern border 
or the Southern border, or in the maritime en-
vironment, and from border community stake-
holders (including through public meetings with 
such stakeholders), including representatives 
from border agricultural and ranching organiza-
tions and representatives from business and 
civic organizations along the Northern border 
or the Southern border; 
(M) staffing requirements for all depart-
mental border security functions; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(N) a prioritized list of departmental re-
search and development objectives to enhance 
the security of the Southern border; 
(O) an assessment of training programs, 
including training programs for— 
(i) identifying and detecting fraudu-
lent documents; 
(ii) understanding the scope of en-
forcement authorities and the use of force 
policies; and 
(iii) screening, identifying, and ad-
dressing vulnerable populations, such as 
children and victims of human trafficking; 
and 
(P) an assessment of how border security 
operations affect border crossing times. 
SEC. 1121. AMENDMENTS TO U.S. CUSTOMS AND BORDER 
PROTECTION. 
(a) DUTIES.—Subsection (c) of section 411 of the 
Homeland Security Act of 2002 (6 U.S.C. 211) is amend-
ed— 
(1) in paragraph (18), by striking ‘‘and’’ after 
the semicolon at the end; 
(2) by redesignating paragraph (19) as para-
graph (21); and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(3) by inserting after paragraph (18) the fol-
lowing new paragraphs: 
‘‘(19) administer the U.S. Customs and Border 
Protection public private partnerships under subtitle 
G; 
‘‘(20) administer preclearance operations under 
the Preclearance Authorization Act of 2015 (19 
U.S.C. 4431 et seq.; enacted as subtitle B of title 
VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.); and’’. 
(b) OFFICE
OF FIELD OPERATIONS STAFFING.— 
Subparagraph (A) of section 411(g)(5) of the Homeland 
Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended by 
inserting before the period at the end the following: ‘‘com-
pared to the number indicated by the current fiscal year 
work flow staffing model’’. 
(c) IMPLEMENTATION PLAN.—Subparagraph (B) of 
section 814(e)(1) of the Preclearance Authorization Act 
of 2015 (19 U.S.C. 4433(e)(1); enacted as subtitle B of 
title VIII of the Trade Facilitation and Trade Enforce-
ment Act of 2015; 19 U.S.C. 4301 et seq.) is amended 
to read as follows: 
‘‘(B) a port of entry vacancy rate which 
compares the number of officers identified in 
subparagraph (A) with the number of officers 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
at the port at which such officer is currently as-
signed.’’. 
(d) DEFINITION.—Subsection (r) of section 411 of 
the Homeland Security Act of 2002 (6 U.S.C. 211) is 
amended— 
(1) by striking ‘‘this section, the terms’’ and in-
serting the following: ‘‘this section: 
‘‘(1) the terms’’; 
(2) in paragraph (1), as added by subparagraph 
(A), by striking the period at the end and inserting 
‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) the term ‘unmanned aerial systems’ has 
the meaning given the term ‘unmanned aircraft sys-
tem’ in section 331 of the FAA Modernization and 
Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 
40101 note).’’. 
SEC. 1122. AGENT AND OFFICER TECHNOLOGY USE. 
In carrying out section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (as 
amended by section 1111 of this division) and section 
1113 of this division, the Secretary shall, to the greatest 
extent practicable, ensure that technology deployed to gain 
situational awareness and operational control of the bor-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
der be provided to front-line officers and agents of the De-
partment of Homeland Security. 
SEC. 1123. INTEGRATED BORDER ENFORCEMENT TEAMS. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by section 1115 of this division, is further 
amended by adding at the end the following new section: 
‘‘SEC. 436. INTEGRATED BORDER ENFORCEMENT TEAMS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish within the Department a program to be known as the 
Integrated Border Enforcement Team program (referred 
to in this section as ‘IBET’). 
‘‘(b) PURPOSE.—The Secretary shall administer the 
IBET program in a manner that results in a cooperative 
approach between the United States and Canada to— 
‘‘(1) strengthen security between designated 
ports of entry; 
‘‘(2) detect, prevent, investigate, and respond to 
terrorism and violations of law related to border se-
curity; 
‘‘(3) facilitate collaboration among components 
and offices within the Department and international 
partners; 
‘‘(4) execute coordinated activities in further-
ance of border security and homeland security; and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(5) enhance information-sharing, including the 
dissemination of homeland security information 
among such components and offices. 
‘‘(c) COMPOSITION AND LOCATION OF IBETS.— 
‘‘(1) COMPOSITION.—IBETs shall be led by the 
United States Border Patrol and may be comprised 
of personnel from the following: 
‘‘(A) Other subcomponents of U.S. Cus-
toms and Border Protection. 
‘‘(B) U.S. Immigration and Customs En-
forcement, led by Homeland Security Investiga-
tions. 
‘‘(C) The Coast Guard, for the purpose of 
securing the maritime borders of the United 
States. 
‘‘(D) Other Department personnel, as ap-
propriate. 
‘‘(E) Other Federal departments and agen-
cies, as appropriate. 
‘‘(F) Appropriate State law enforcement 
agencies. 
‘‘(G) Foreign law enforcement partners. 
‘‘(H) Local law enforcement agencies from 
affected border cities and communities. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(I) Appropriate tribal law enforcement 
agencies. 
‘‘(2) LOCATION.—The Secretary is authorized 
to establish IBETs in regions in which such teams 
can contribute to IBET missions, as appropriate. 
When establishing an IBET, the Secretary shall con-
sider the following: 
‘‘(A) Whether the region in which the 
IBET would be established is significantly im-
pacted by cross-border threats. 
‘‘(B) The availability of Federal, State, 
local, tribal, and foreign law enforcement re-
sources to participate in an IBET. 
‘‘(C) Whether, in accordance with para-
graph (3), other joint cross-border initiatives al-
ready take place within the region in which the 
IBET would be established, including other De-
partment cross-border programs such as the In-
tegrated Cross-Border Maritime Law Enforce-
ment Operation Program established under sec-
tion 711 of the Coast Guard and Maritime 
Transportation Act of 2012 (46 U.S.C. 70101 
note) or the Border Enforcement Security Task 
Force established under section 432. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(3) DUPLICATION
OF
EFFORTS.—In deter-
mining whether to establish a new IBET or to ex-
pand an existing IBET in a given region, the Sec-
retary shall ensure that the IBET under consider-
ation does not duplicate the efforts of other existing 
interagency task forces or centers within such re-
gion, including the Integrated Cross-Border Mari-
time Law Enforcement Operation Program estab-
lished under section 711 of the Coast Guard and 
Maritime Transportation Act of 2012 (46 U.S.C. 
70101 note) or the Border Enforcement Security 
Task Force established under section 432. 
‘‘(d) OPERATION.— 
‘‘(1) IN GENERAL.—After determining the re-
gions in which to establish IBETs, the Secretary 
may— 
‘‘(A) direct the assignment of Federal per-
sonnel to such IBETs; and 
‘‘(B) take other actions to assist Federal, 
State, local, and tribal entities to participate in 
such IBETs, including providing financial as-
sistance, as appropriate, for operational, admin-
istrative, and technological costs associated with 
such participation. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) LIMITATION.—Coast Guard personnel as-
signed under paragraph (1) may be assigned only 
for the purposes of securing the maritime borders of 
the United States, in accordance with subsection 
(c)(1)(C). 
‘‘(e) COORDINATION.—The Secretary shall coordinate 
the IBET program with other similar border security and 
antiterrorism programs within the Department in accord-
ance with the strategic objectives of the Cross-Border Law 
Enforcement Advisory Committee. 
‘‘(f) MEMORANDA OF UNDERSTANDING.—The Sec-
retary may enter into memoranda of understanding with 
appropriate representatives of the entities specified in sub-
section (c)(1) necessary to carry out the IBET program. 
Such memoranda with entities specified in subparagraph 
(G) of such subsection shall be entered into with the con-
currence of the Secretary of State. 
‘‘(g) REPORT.—Not later than 180 days after the 
date on which an IBET is established and biannually 
thereafter for the following six years, the Secretary shall 
submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate, 
and in the case of Coast Guard personnel used to secure 
the maritime borders of the United States, additionally to 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
the Committee on Transportation and Infrastructure of 
the House of Representatives, a report that— 
‘‘(1) describes the effectiveness of IBETs in ful-
filling the purposes specified in subsection (b); 
‘‘(2) assess the impact of certain challenges on 
the sustainment of cross-border IBET operations, 
including challenges faced by international partners; 
‘‘(3) addresses ways to support joint training 
for IBET stakeholder agencies and radio interoper-
ability to allow for secure cross-border radio commu-
nications; and 
‘‘(4) assesses how IBETs, Border Enforcement 
Security Task Forces, and the Integrated Cross-Bor-
der Maritime Law Enforcement Operation Program 
can better align operations, including interdiction 
and investigation activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by adding after the item relating to section 435 
the following new item: 
‘‘Sec. 436. Integrated Border Enforcement Teams.’’. 
SEC. 1124. TUNNEL TASK FORCES. 
The Secretary is authorized to establish Tunnel Task 
Forces for the purposes of detecting and remediating tun-
nels that breach the international border of the United 
States. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
SEC. 
1125. 
PILOT 
PROGRAM 
ON 
USE 
OF 
ELECTRO-
MAGNETIC SPECTRUM IN SUPPORT OF BOR-
DER SECURITY OPERATIONS. 
(a) IN GENERAL.—The Commissioner, in consulta-
tion with the Assistant Secretary of Commerce for Com-
munications and Information, shall conduct a pilot pro-
gram to test and evaluate the use of electromagnetic spec-
trum by U.S. Customs and Border Protection in support 
of border security operations through— 
(1) ongoing management and monitoring of 
spectrum to identify threats such as unauthorized 
spectrum use, and the jamming and hacking of 
United States communications assets, by persons en-
gaged in criminal enterprises; 
(2) automated spectrum management to enable 
greater efficiency and speed for U.S. Customs and 
Border Protection in addressing emerging challenges 
in overall spectrum use on the United States border; 
and 
(3) coordinated use of spectrum resources to 
better facilitate interoperability and interagency co-
operation and interdiction efforts at or near the 
United States border. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the conclusion of the pilot program conducted under 
subsection (a), the Commissioner shall submit to the Com-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
mittee on Homeland Security and the Committee on En-
ergy and Commerce of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings and 
data derived from such program. 
SEC. 1126. FOREIGN MIGRATION ASSISTANCE. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by sections 1115 and 1123 of this division, 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 437. FOREIGN MIGRATION ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary, with the concur-
rence of the Secretary of State, may provide to a foreign 
government financial assistance for foreign country oper-
ations to address migration flows that may affect the 
United States. 
‘‘(b) DETERMINATION.—Assistance provided under 
subsection (a) may be provided only if such assistance 
would enhance the recipient government’s capacity to ad-
dress irregular migration flows that may affect the United 
States, including through related detention or removal op-
erations by the recipient government, including procedures 
to screen and provide protection for certain individuals. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(c) REIMBURSEMENT
OF EXPENSES.—The Sec-
retary may, if appropriate, seek reimbursement from the 
receiving foreign government for the provision of financial 
assistance under this section. 
‘‘(d) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, United 
States Code, any reimbursement collected pursuant to 
subsection (c) shall— 
‘‘(1) be credited as offsetting collections to the 
account that finances the financial assistance under 
this section for which such reimbursement is re-
ceived; and 
‘‘(2) remain available until expended for the 
purpose of carrying out this section. 
‘‘(e) EFFECTIVE PERIOD.—The authority provided 
under this section shall remain in effect until September 
30, 2023. 
‘‘(f) DEVELOPMENT AND PROGRAM EXECUTION.— 
The Secretary and the Secretary of State shall jointly de-
velop and implement any financial assistance under this 
section. 
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as affecting, augmenting, or dimin-
ishing the authority of the Secretary of State. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated 
$50,000,000 for fiscal years 2019 through 2023 to carry 
out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
436 the following new item: 
‘‘Sec. 437. Foreign migration assistance.’’. 
SEC. 1127. BIOMETRIC IDENTIFICATION TRANSNATIONAL 
MIGRATION ALERT PROGRAM. 
(a) IN GENERAL.—Subtitle D of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 251 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 447. BIOMETRIC IDENTIFICATION TRANSNATIONAL 
MIGRATION ALERT PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as the Biometric 
Identification Transnational Migration Alert Program (re-
ferred to in this section as ‘BITMAP’) to address and re-
duce national security, border security, and public safety 
threats before such threats reach the international border 
of the United States. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(b) DUTIES.—In carrying out BITMAP operations, 
the Secretary, acting through the Director of U.S. Immi-
gration and Customs Enforcement, shall— 
‘‘(1) provide, when necessary, capabilities, 
training, and equipment, to the government of a for-
eign country to collect biometric and biographic 
identification data from individuals to identify, pre-
vent, detect, and interdict high risk individuals iden-
tified as national security, border security, or public 
safety threats who may attempt to enter the United 
States utilizing illicit pathways; 
‘‘(2) provide capabilities to the government of a 
foreign country to compare foreign data against ap-
propriate United States national security, border se-
curity, public safety, immigration, and counter-ter-
rorism data, including— 
‘‘(A) the Federal Bureau of Investigation’s 
Terrorist Screening Database, or successor 
database; 
‘‘(B) the Federal Bureau of Investigation’s 
Next Generation Identification database, or suc-
cessor database; 
‘‘(C) the Department of Defense Auto-
mated Biometric Identification System (com-
monly known as ‘ABIS’), or successor database; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(D) the Department’s Automated Biomet-
ric Identification System (commonly known as 
‘IDENT’), or successor database; and 
‘‘(E) any other database, notice, or means 
that the Secretary, in consultation with the 
heads of other Federal departments and agen-
cies responsible for such databases, notices, or 
means, designates; and 
‘‘(3) ensure biometric and biographic identifica-
tion data collected pursuant to BITMAP are incor-
porated into appropriate United States Government 
databases, in compliance with the policies and proce-
dures established by the Privacy Officer appointed 
under section 222. 
‘‘(c) COLLABORATION.—The Secretary shall ensure 
that BITMAP operations include participation from rel-
evant components of the Department, and, as appropriate, 
request participation from other Federal agencies. 
‘‘(d) COORDINATION.—The Secretary shall coordi-
nate with the Secretary of State, appropriate representa-
tives of foreign governments, and the heads of other Fed-
eral agencies, as appropriate, to carry out paragraph (1) 
of subsection (b). 
‘‘(e) AGREEMENTS.—Before carrying out BITMAP 
operations in a foreign country that, as of the date of the 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
enactment of this section, was not a partner country de-
scribed in this section, the Secretary, with the concurrence 
of the Secretary of State, shall enter into an agreement 
or arrangement with the government of such country that 
outlines such operations in such country, including related 
departmental operations. Such country shall be a partner 
country described in this section pursuant to and for pur-
poses of such agreement or arrangement. 
‘‘(f) NOTIFICATION TO CONGRESS.—Not later than 
60 days before an agreement with the government of a 
foreign country to carry out BITMAP operations in such 
foreign country enters into force, the Secretary shall pro-
vide the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate with a copy 
of the agreement to establish such operations, which shall 
include— 
‘‘(1) the identification of the foreign country 
with which the Secretary intends to enter into such 
an agreement; 
‘‘(2) the location at which such operations will 
be conducted; and 
‘‘(3) the terms and conditions for Department 
personnel operating at such location.’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(b) REPORT.—Not later than 180 days after the date 
on which the Biometric Identification Transnational Mi-
gration Alert Program (BITMAP) is established under 
section 447 of the Homeland Security Act of 2002 (as 
added by subsection (a) of this section) and annually 
thereafter for the following five years, the Secretary of 
Homeland Security shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report that details the effectiveness 
of BITMAP operations in enhancing national security, 
border security, and public safety. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
446 the following new item: 
‘‘Sec. 447. Biometric Identification Transnational Migration Alert Program.’’. 
Subtitle B—Personnel 
SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PRO-
TECTION AGENTS AND OFFICERS. 
(a) BORDER PATROL AGENTS.—Not later than Sep-
tember 30, 2023, the Commissioner shall hire, train, and 
assign sufficient agents to maintain an active duty pres-
ence of not fewer than 26,370 full-time equivalent agents. 
(b) CBP OFFICERS.—In addition to positions author-
ized before the date of the enactment of this Act and any 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
existing officer vacancies within U.S. Customs and Border 
Protection as of such date, the Commissioner shall hire, 
train, and assign to duty, not later than September 30, 
2023— 
(1) sufficient U.S. Customs and Border Protec-
tion officers to maintain an active duty presence of 
not fewer than 27,725 full-time equivalent officers; 
and 
(2) 350 full-time support staff distributed 
among all United States ports of entry. 
(c) AIR AND MARINE OPERATIONS.—Not later than 
September 30, 2023, the Commissioner shall hire, train, 
and assign sufficient agents for Air and Marine Oper-
ations of U.S. Customs and Border Protection to maintain 
not fewer than 1,675 full-time equivalent agents and not 
fewer than 264 Marine and Air Interdiction Agents for 
southern border air and maritime operations. 
(d) U.S. CUSTOMS AND BORDER PROTECTION K–9 
UNITS AND HANDLERS.— 
(1) K–9 UNITS.—Not later than September 30, 
2023, the Commissioner shall deploy not fewer than 
300 new K–9 units, with supporting officers of U.S. 
Customs and Border Protection and other required 
staff, at land ports of entry and checkpoints, on the 
southern border and the northern border. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(2) USE OF CANINES.—The Commissioner shall 
prioritize the use of canines at the primary inspec-
tion lanes at land ports of entry and checkpoints. 
(e) U.S. CUSTOMS
AND
BORDER
PROTECTION 
HORSEBACK UNITS.— 
(1) INCREASE.—Not later than September 30, 
2023, the Commissioner shall increase the number 
of horseback units, with supporting officers of U.S. 
Customs and Border Protection and other required 
staff, by not fewer than 100 officers and 50 horses 
for security patrol along the Southern border. 
(2) HORSEBACK UNIT SUPPORT.—The Commis-
sioner shall construct new stables, maintain and im-
prove existing stables, and provide other resources 
needed to maintain the health and well-being of the 
horses that serve in the horseback units of U.S. Cus-
toms and Border Protection. 
(f) U.S. CUSTOMS
AND
BORDER
PROTECTION 
SEARCH TRAUMA AND RESCUE TEAMS.—Not later than 
September 30, 2023, the Commissioner shall increase by 
not fewer than 50 the number of officers engaged in 
search and rescue activities along the southern border. 
(g) U.S. CUSTOMS AND BORDER PROTECTION TUN-
NEL DETECTION
AND TECHNOLOGY PROGRAM.—Not 
later than September 30, 2023, the Commissioner shall 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
increase by not fewer than 50 the number of officers as-
sisting task forces and activities related to deployment and 
operation of border tunnel detection technology and appre-
hensions of individuals using such tunnels for crossing 
into the United States, drug trafficking, or human smug-
gling. 
(h) AGRICULTURAL SPECIALISTS.—Not later than 
September 30, 2023, the Secretary shall hire, train, and 
assign to duty, in addition to the officers and agents au-
thorized under subsections (a) through (g), 631 U.S. Cus-
toms and Border Protection agricultural specialists to 
ports of entry along the southern border and the northern 
border. 
(i) OFFICE OF PROFESSIONAL RESPONSIBILITY.— 
Not later than September 30, 2023, the Commissioner 
shall hire, train, and assign sufficient Office of Profes-
sional Responsibility special agents to maintain an active 
duty presence of not fewer than 550 full-time equivalent 
special agents. 
(j) U.S. CUSTOMS AND BORDER PROTECTION OF-
FICE OF INTELLIGENCE.—Not later than September 30, 
2023, the Commissioner shall hire, train, and assign suffi-
cient Office of Intelligence personnel to maintain not fewer 
than 700 full-time equivalent employees. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(k) GAO REPORT.—If the staffing levels required 
under this section are not achieved by September 30, 
2023, the Comptroller General of the United States shall 
conduct a review of the reasons why such levels were not 
achieved. 
SEC. 1132. U.S. CUSTOMS AND BORDER PROTECTION RE-
TENTION INCENTIVES. 
(a) IN GENERAL.—Chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 9702. U.S. Customs and Border Protection tem-
porary employment authorities 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘CBP employee’ means an em-
ployee of U.S. Customs and Border Protection de-
scribed under any of subsections (a) through (h) of 
section 1131 of the Border Security for America Act 
of 2018; 
‘‘(2) the term ‘Commissioner’ means the Com-
missioner of U.S. Customs and Border Protection; 
‘‘(3) the term ‘Director’ means the Director of 
the Office of Personnel Management; 
‘‘(4) the term ‘Secretary’ means the Secretary 
of Homeland Security; and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(5) the term ‘appropriate congressional com-
mittees’ means the Committee on Oversight and 
Government Reform, the Committee on Homeland 
Security, and the Committee on Ways and Means of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and 
the Committee on Finance of the Senate. 
‘‘(b) DIRECT HIRE AUTHORITY; RECRUITMENT AND 
RELOCATION BONUSES; RETENTION BONUSES.— 
‘‘(1) STATEMENT
OF
PURPOSE
AND
LIMITA-
TION.—The purpose of this subsection is to allow 
U.S. Customs and Border Protection to expedi-
tiously meet the hiring goals and staffing levels re-
quired by section 1131 of the Border Security for 
America Act of 2018. The Secretary shall not use 
this authority beyond meeting the requirements of 
such section. 
‘‘(2) DIRECT HIRE AUTHORITY.—The Secretary 
may appoint, without regard to any provision of sec-
tions 3309 through 3319, candidates to positions in 
the competitive service as CBP employees if the Sec-
retary has given public notice for the positions. 
‘‘(3) RECRUITMENT
AND
RELOCATION
BO-
NUSES.—The Secretary may pay a recruitment or 
relocation bonus of up to 50 percent of the annual 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
rate of basic pay to an individual CBP employee at 
the beginning of the service period multiplied by the 
number of years (including a fractional part of a 
year) in the required service period to an individual 
(other than an individual described in subsection 
(a)(2) of section 5753) if— 
‘‘(A) the Secretary determines that condi-
tions consistent with the conditions described in 
paragraphs (1) and (2) of subsection (b) of 
such section 5753 are satisfied with respect to 
the individual (without regard to the regula-
tions referenced in subsection (b)(2)(B(ii)(I) of 
such section or to any other provision of that 
section); and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination thereof); 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(II) the amount of the bonus; 
and 
‘‘(III) other terms and conditions 
under which the bonus is payable, 
subject to the requirements of this 
subsection, including— 
‘‘(aa) the conditions under 
which the agreement may be ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(4) RETENTION
BONUSES.—The Secretary 
may pay a retention bonus of up to 50 percent of 
basic pay to an individual CBP employee (other than 
an individual described in subsection (a)(2) of sec-
tion 5754) if— 
‘‘(A) the Secretary determines that— 
‘‘(i) a condition consistent with the 
condition described in subsection (b)(1) of 
such section 5754 is satisfied with respect 
to the CBP employee (without regard to 
any other provision of that section); and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(ii) in the absence of a retention 
bonus, the CBP employee would be likely 
to leave— 
‘‘(I) the Federal service; or 
‘‘(II) for a different position in 
the Federal service, including a posi-
tion in another agency or component 
of the Department of Homeland Secu-
rity; and 
‘‘(B) the individual enters into a written 
service agreement with the Secretary— 
‘‘(i) under which the individual is re-
quired to complete a period of employment 
as a CBP employee of not less than 2 
years; and 
‘‘(ii) that includes— 
‘‘(I) the commencement and ter-
mination dates of the required service 
period (or provisions for the deter-
mination thereof); 
‘‘(II) the amount of the bonus; 
and 
‘‘(III) other terms and conditions 
under which the bonus is payable, 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
subject to the requirements of this 
subsection, including— 
‘‘(aa) the conditions under 
which the agreement may be ter-
minated before the agreed-upon 
service period has been com-
pleted; and 
‘‘(bb) the effect of a termi-
nation described in item (aa). 
‘‘(5) RULES FOR BONUSES.— 
‘‘(A) MAXIMUM BONUS.—A bonus paid to 
an employee under— 
‘‘(i) paragraph (3) may not exceed 
100 percent of the annual rate of basic pay 
of the employee as of the commencement 
date of the applicable service period; and 
‘‘(ii) paragraph (4) may not exceed 50 
percent of the annual rate of basic pay of 
the employee. 
‘‘(B) RELATIONSHIP
TO
BASIC
PAY.—A 
bonus paid to an employee under paragraph (3) 
or (4) shall not be considered part of the basic 
pay of the employee for any purpose, including 
for retirement or in computing a lump-sum pay-
ment to the covered employee for accumulated 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
and accrued annual leave under section 5551 or 
section 5552. 
‘‘(C) PERIOD OF SERVICE FOR RECRUIT-
MENT, 
RELOCATION, 
AND
RETENTION
BO-
NUSES.— 
‘‘(i) A bonus paid to an employee 
under paragraph (4) may not be based on 
any period of such service which is the 
basis for a recruitment or relocation bonus 
under paragraph (3). 
‘‘(ii) A bonus paid to an employee 
under paragraph (3) or (4) may not be 
based on any period of service which is the 
basis for a recruitment or relocation bonus 
under section 5753 or a retention bonus 
under section 5754. 
‘‘(c) SPECIAL RATES OF PAY.—In addition to the cir-
cumstances described in subsection (b) of section 5305, 
the Director may establish special rates of pay in accord-
ance with that section to assist the Secretary in meeting 
the requirements of section 1131 of the Border Security 
for America Act of 2018. The Director shall prioritize the 
consideration of requests from the Secretary for such spe-
cial rates of pay and issue a decision as soon as prac-
ticable. The Secretary shall provide such information to 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
the Director as the Director deems necessary to evaluate 
special rates of pay under this subsection. 
‘‘(d) OPM OVERSIGHT.— 
‘‘(1) Not later than September 30 of each year, 
the Secretary shall provide a report to the Director 
on U.S. Custom and Border Protection’s use of au-
thorities provided under subsections (b) and (c). In 
each report, the Secretary shall provide such infor-
mation as the Director determines is appropriate to 
ensure appropriate use of authorities under such 
subsections. Each report shall also include an assess-
ment of— 
‘‘(A) the impact of the use of authorities 
under subsections (b) and (c) on implementa-
tion of section 1131 of the Border Security for 
America Act of 2018; 
‘‘(B) solving hiring and retention chal-
lenges at the agency, including at specific loca-
tions; 
‘‘(C) whether hiring and retention chal-
lenges still exist at the agency or specific loca-
tions; and 
‘‘(D) whether the Secretary needs to con-
tinue to use authorities provided under this sec-
tion at the agency or at specific locations. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) CONSIDERATION.—In compiling a report 
under paragraph (1), the Secretary shall consider— 
‘‘(A) whether any CBP employee accepted 
an employment incentive under subsection (b) 
and (c) and then transferred to a new location 
or left U.S. Customs and Border Protection; 
and 
‘‘(B) the length of time that each employee 
identified under subparagraph (A) stayed at the 
original location before transferring to a new lo-
cation or leaving U.S. Customs and Border 
Protection. 
‘‘(3) DISTRIBUTION.—In addition to the Direc-
tor, the Secretary shall submit each report required 
under this subsection to the appropriate congres-
sional committees. 
‘‘(e) OPM ACTION.—If the Director determines the 
Secretary has inappropriately used authorities under sub-
section (b) or a special rate of pay provided under sub-
section (c), the Director shall notify the Secretary and the 
appropriate congressional committees in writing. Upon re-
ceipt of the notification, the Secretary may not make any 
new appointments or issue any new bonuses under sub-
section (b), nor provide CBP employees with further spe-
cial rates of pay, until the Director has provided the Sec-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
retary and the appropriate congressional committees a 
written notice stating the Director is satisfied safeguards 
are in place to prevent further inappropriate use. 
‘‘(f) IMPROVING CBP HIRING AND RETENTION.— 
‘‘(1) EDUCATION OF CBP HIRING OFFICIALS.— 
Not later than 180 days after the date of the enact-
ment of this section, and in conjunction with the 
Chief Human Capital Officer of the Department of 
Homeland Security, the Secretary shall develop and 
implement a strategy to improve the education re-
garding hiring and human resources flexibilities (in-
cluding hiring and human resources flexibilities for 
locations in rural or remote areas) for all employees, 
serving in agency headquarters or field offices, who 
are involved in the recruitment, hiring, assessment, 
or selection of candidates for locations in a rural or 
remote area, as well as the retention of current em-
ployees. 
‘‘(2) ELEMENTS.—Elements of the strategy 
under paragraph (1) shall include the following: 
‘‘(A) Developing or updating training and 
educational materials on hiring and human re-
sources flexibilities for employees who are in-
volved in the recruitment, hiring, assessment, or 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
selection of candidates, as well as the retention 
of current employees. 
‘‘(B) Regular training sessions for per-
sonnel who are critical to filling open positions 
in rural or remote areas. 
‘‘(C) The development of pilot programs or 
other programs, as appropriate, consistent with 
authorities provided to the Secretary to address 
identified hiring challenges, including in rural 
or remote areas. 
‘‘(D) Developing and enhancing strategic 
recruiting efforts through the relationships with 
institutions of higher education, as defined in 
section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002), veterans transition and 
employment centers, and job placement pro-
gram in regions that could assist in filling posi-
tions in rural or remote areas. 
‘‘(E) Examination of existing agency pro-
grams on how to most effectively aid spouses 
and families of individuals who are candidates 
or new hires in a rural or remote area. 
‘‘(F) Feedback from individuals who are 
candidates or new hires at locations in a rural 
or remote area, including feedback on the qual-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
ity of life in rural or remote areas for new hires 
and their families. 
‘‘(G) Feedback from CBP employees, other 
than new hires, who are stationed at locations 
in a rural or remote area, including feedback on 
the quality of life in rural or remote areas for 
those CBP employees and their families. 
‘‘(H) Evaluation of Department of Home-
land Security internship programs and the use-
fulness of those programs in improving hiring 
by the Secretary in rural or remote areas. 
‘‘(3) EVALUATION.— 
‘‘(A) IN GENERAL.—Each year, the Sec-
retary shall— 
‘‘(i) evaluate the extent to which the 
strategy developed and implemented under 
paragraph (1) has improved the hiring and 
retention ability of the Secretary; and 
‘‘(ii) make any appropriate updates to 
the strategy under paragraph (1). 
‘‘(B) INFORMATION.—The evaluation con-
ducted under subparagraph (A) shall include— 
‘‘(i) any reduction in the time taken 
by the Secretary to fill mission-critical po-
sitions, including in rural or remote areas; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(ii) a general assessment of the im-
pact of the strategy implemented under 
paragraph (1) on hiring challenges, includ-
ing in rural or remote areas; and 
‘‘(iii) other information the Secretary 
determines relevant. 
‘‘(g) INSPECTOR GENERAL REVIEW.—Not later than 
two years after the date of the enactment of this section, 
the Inspector General of the Department of Homeland Se-
curity shall review the use of hiring and pay flexibilities 
under subsections (b) and (c) to determine whether the 
use of such flexibilities is helping the Secretary meet hir-
ing and retention needs, including in rural and remote 
areas. 
‘‘(h) REPORT ON POLYGRAPH REQUESTS.—The Sec-
retary shall report to the appropriate congressional com-
mittees on the number of requests the Secretary receives 
from any other Federal agency for the file of an applicant 
for a position in U.S. Customs and Border Protection that 
includes the results of a polygraph examination. 
‘‘(i) EXERCISE OF AUTHORITY.— 
‘‘(1) SOLE DISCRETION.—The exercise of au-
thority under subsection (b) shall be subject to the 
sole and exclusive discretion of the Secretary (or the 
Commissioner, as applicable under paragraph (2) of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
this subsection), notwithstanding chapter 71 and 
any collective bargaining agreement. 
‘‘(2) DELEGATION.—The Secretary may dele-
gate any authority under this section to the Com-
missioner. 
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to exempt the Secretary or the Di-
rector from applicability of the merit system principles 
under section 2301. 
‘‘(k) SUNSET.—The authorities under subsections (b) 
and (c) shall terminate on September 30, 2023. Any bonus 
to be paid pursuant to subsection (b) that is approved be-
fore such date may continue until such bonus has been 
paid, subject to the conditions specified in this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 97 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘9702. U.S. Customs and Border Protection temporary employment authori-
ties.’’. 
SEC. 1133. ANTI-BORDER CORRUPTION REAUTHORIZATION 
ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Anti-Border Corruption Reauthorization Act of 2018’’. 
(b) HIRING FLEXIBILITY.—Section 3 of the Anti- 
Border Corruption Act of 2010 (6 U.S.C. 221) is amended 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
by striking subsection (b) and inserting the following new 
subsections: 
‘‘(b) WAIVER AUTHORITY.—The Commissioner of 
U.S. Customs and Border Protection may waive the appli-
cation of subsection (a)(1)— 
‘‘(1) to a current, full-time law enforcement of-
ficer employed by a State or local law enforcement 
agency who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized by law to engage in or 
supervise the prevention, detection, investiga-
tion, or prosecution of, or the incarceration of 
any person for, any violation of law, and has 
statutory powers for arrest or apprehension; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) has, within the past ten years, suc-
cessfully completed a polygraph examination as 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
a condition of employment with such officer’s 
current law enforcement agency; 
‘‘(2) to a current, full-time Federal law enforce-
ment officer who— 
‘‘(A) has continuously served as a law en-
forcement officer for not fewer than three 
years; 
‘‘(B) is authorized to make arrests, con-
duct investigations, conduct searches, make sei-
zures, carry firearms, and serve orders, war-
rants, and other processes; 
‘‘(C) is not currently under investigation, 
has not been found to have engaged in criminal 
activity or serious misconduct, has not resigned 
from a law enforcement officer position under 
investigation or in lieu of termination, and has 
not been dismissed from a law enforcement offi-
cer position; and 
‘‘(D) holds a current Tier 4 background 
investigation or current Tier 5 background in-
vestigation; and 
‘‘(3) to a member of the Armed Forces (or a re-
serve component thereof) or a veteran, if such indi-
vidual— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(A) has served in the Armed Forces for 
not fewer than three years; 
‘‘(B) holds, or has held within the past five 
years, a Secret, Top Secret, or Top Secret/Sen-
sitive Compartmented Information clearance; 
‘‘(C) holds, or has undergone within the 
past five years, a current Tier 4 background in-
vestigation or current Tier 5 background inves-
tigation; 
‘‘(D) received, or is eligible to receive, an 
honorable discharge from service in the Armed 
Forces and has not engaged in criminal activity 
or committed a serious military or civil offense 
under the Uniform Code of Military Justice; 
and 
‘‘(E) was not granted any waivers to ob-
tain the clearance referred to subparagraph 
(B). 
‘‘(c) TERMINATION OF WAIVER AUTHORITY.—The 
authority to issue a waiver under subsection (b) shall ter-
minate on the date that is four years after the date of 
the enactment of the Border Security for America Act of 
2018.’’. 
(c) SUPPLEMENTAL COMMISSIONER AUTHORITY AND 
DEFINITIONS.— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(1) SUPPLEMENTAL
COMMISSIONER
AUTHOR-
ITY.—Section 4 of the Anti-Border Corruption Act 
of 2010 is amended to read as follows: 
‘‘SEC. 4. SUPPLEMENTAL COMMISSIONER AUTHORITY. 
‘‘(a) NON-EXEMPTION.—An individual who receives a 
waiver under section 3(b) is not exempt from other hiring 
requirements relating to suitability for employment and 
eligibility to hold a national security designated position, 
as determined by the Commissioner of U.S. Customs and 
Border Protection. 
‘‘(b) BACKGROUND
INVESTIGATIONS.—Any indi-
vidual who receives a waiver under section 3(b) who holds 
a current Tier 4 background investigation shall be subject 
to a Tier 5 background investigation. 
‘‘(c) ADMINISTRATION
OF POLYGRAPH EXAMINA-
TION.—The Commissioner of U.S. Customs and Border 
Protection is authorized to administer a polygraph exam-
ination to an applicant or employee who is eligible for or 
receives a waiver under section 3(b) if information is dis-
covered before the completion of a background investiga-
tion that results in a determination that a polygraph ex-
amination is necessary to make a final determination re-
garding suitability for employment or continued employ-
ment, as the case may be.’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
(2) REPORT.—The Anti-Border Corruption Act 
of 2010, as amended by paragraph (1), is further 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 5. REPORTING. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section and annu-
ally thereafter while the waiver authority under section 
3(b) is in effect, the Commissioner of U.S. Customs and 
Border Protection shall submit to Congress a report that 
includes, with respect to each such reporting period— 
‘‘(1) the number of waivers requested, granted, 
and denied under section 3(b); 
‘‘(2) the reasons for any denials of such waiver; 
‘‘(3) the percentage of applicants who were 
hired after receiving a waiver; 
‘‘(4) the number of instances that a polygraph 
was administered to an applicant who initially re-
ceived a waiver and the results of such polygraph; 
‘‘(5) an assessment of the current impact of the 
polygraph waiver program on filling law enforcement 
positions at U.S. Customs and Border Protection; 
and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(6) additional authorities needed by U.S. Cus-
toms and Border Protection to better utilize the 
polygraph waiver program for its intended goals. 
‘‘(b) ADDITIONAL INFORMATION.—The first report 
submitted under subsection (a) shall include— 
‘‘(1) an analysis of other methods of employ-
ment suitability tests that detect deception and could 
be used in conjunction with traditional background 
investigations to evaluate potential employees for 
suitability; and 
‘‘(2) a recommendation regarding whether a 
test referred to in paragraph (1) should be adopted 
by U.S. Customs and Border Protection when the 
polygraph examination requirement is waived pursu-
ant to section 3(b).’’. 
(3) DEFINITIONS.—The Anti-Border Corrup-
tion Act of 2010, as amended by paragraphs (1) and 
(2), is further amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 6. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— 
The term ‘Federal law enforcement officer’ means a 
‘law enforcement officer’ defined in section 8331(20) 
or 8401(17) of title 5, United States Code. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) SERIOUS MILITARY OR CIVIL OFFENSE.— 
The term ‘serious military or civil offense’ means an 
offense for which— 
‘‘(A) a member of the Armed Forces may 
be discharged or separated from service in the 
Armed Forces; and 
‘‘(B) a punitive discharge is, or would be, 
authorized for the same or a closely related of-
fense under the Manual for Court-Martial, as 
pursuant to Army Regulation 635–200 chapter 
14–12. 
‘‘(3) TIER 4; TIER 5.—The terms ‘Tier 4’ and 
‘Tier 5’ with respect to background investigations 
have the meaning given such terms under the 2012 
Federal Investigative Standards. 
‘‘(4) VETERAN.—The term ‘veteran’ has the 
meaning given such term in section 101(2) of title 
38, United States Code.’’. 
(d) POLYGRAPH EXAMINERS.—Not later than Sep-
tember 30, 2022, the Secretary shall increase to not fewer 
than 150 the number of trained full-time equivalent poly-
graph examiners for administering polygraphs under the 
Anti-Border Corruption Act of 2010, as amended by this 
subtitle. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
100 
SEC. 1134. TRAINING FOR OFFICERS AND AGENTS OF U.S. 
CUSTOMS AND BORDER PROTECTION. 
(a) IN GENERAL.—Subsection (l) of section 411 of 
the Homeland Security Act of 2002 (6 U.S.C. 211) is 
amended to read as follows: 
‘‘(l) TRAINING AND CONTINUING EDUCATION.— 
‘‘(1) MANDATORY
TRAINING.—The Commis-
sioner shall ensure that every agent and officer of 
U.S. Customs and Border Protection receives a min-
imum of 21 weeks of training that are directly re-
lated to the mission of the U.S. Border Patrol, Air 
and Marine, and the Office of Field Operations be-
fore the initial assignment of such agents and offi-
cers. 
‘‘(2) FLETC.—The Commissioner shall work 
in consultation with the Director of the Federal Law 
Enforcement Training Centers to establish guide-
lines and curriculum for the training of agents and 
officers of U.S. Customs and Border Protection 
under subsection (a). 
‘‘(3) CONTINUING EDUCATION.—The Commis-
sioner shall annually require all agents and officers 
of U.S. Customs and Border Protection who are re-
quired to undergo training under subsection (a) to 
participate in not fewer than eight hours of con-
tinuing education annually to maintain and update 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
101 
understanding of Federal legal rulings, court deci-
sions, and Department policies, procedures, and 
guidelines related to relevant subject matters. 
‘‘(4) LEADERSHIP TRAINING.—Not later than 
one year after the date of the enactment of this sub-
section, the Commissioner shall develop and require 
training courses geared towards the development of 
leadership skills for mid- and senior-level career em-
ployees not later than one year after such employees 
assume duties in supervisory roles.’’. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs and the Committee on Finance of the 
Senate a report identifying the guidelines and curriculum 
established to carry out subsection (l) of section 411 of 
the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
(c) ASSESSMENT.—Not later than four years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Com-
mittee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Com-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
102 
mittee on Homeland Security and Governmental Affairs 
and the Committee on Finance of the Senate a report that 
assesses the training and education, including continuing 
education, required under subsection (l) of section 411 of 
the Homeland Security Act of 2002, as amended by sub-
section (a) of this section. 
Subtitle C—Grants 
SEC. 1141. OPERATION STONEGARDEN. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 2009. OPERATION STONEGARDEN. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a program to be known as ‘Operation 
Stonegarden’, under which the Secretary, acting through 
the Administrator, shall make grants to eligible law en-
forcement agencies, through the State administrative 
agency, to enhance border security in accordance with this 
section. 
‘‘(b) ELIGIBLE RECIPIENTS.—To be eligible to re-
ceive a grant under this section, a law enforcement agen-
cy— 
‘‘(1) shall be located in— 
‘‘(A) a State bordering Canada or Mexico; 
or 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
103 
‘‘(B) a State or territory with a maritime 
border; and 
‘‘(2) shall be involved in an active, ongoing, 
U.S. Customs and Border Protection operation co-
ordinated through a U.S. Border Patrol sector of-
fice. 
‘‘(c) PERMITTED USES.—The recipient of a grant 
under this section may use such grant for— 
‘‘(1) equipment, including maintenance and 
sustainment costs; 
‘‘(2) personnel, including overtime and backfill, 
in support of enhanced border law enforcement ac-
tivities; 
‘‘(3) any activity permitted for Operation 
Stonegarden under the Department of Homeland 
Security’s Fiscal Year 2018 Homeland Security 
Grant Program Notice of Funding Opportunity; and 
‘‘(4) any other appropriate activity, as deter-
mined by the Administrator, in consultation with the 
Commissioner of U.S. Customs and Border Protec-
tion. 
‘‘(d) PERIOD
OF PERFORMANCE.—The Secretary 
shall award grants under this section to grant recipients 
for a period of not less than 36 months. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
104 
‘‘(e) REPORT.—For each of fiscal years 2019 through 
2023, the Administrator shall submit to the Committee 
on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the 
House of Representatives a report that contains informa-
tion on the expenditure of grants made under this section 
by each grant recipient. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $110,000,000 for each 
of fiscal years 2019 through 2023 for grants under this 
section.’’. 
(b) CONFORMING AMENDMENT.—Subsection (a) of 
section 2002 of the Homeland Security Act of 2002 (6 
U.S.C. 603) is amended to read as follows: 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, through 
the Administrator, may award grants under sections 2003, 
2004, and 2009 to State, local, and tribal governments, 
as appropriate.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
2008 the following: 
‘‘Sec. 2009. Operation Stonegarden.’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6211
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
105 
TITLE II—EMERGENCY PORT OF 
ENTRY PERSONNEL AND IN-
FRASTRUCTURE FUNDING 
SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE. 
(a) ADDITIONAL PORTS OF ENTRY.— 
(1) AUTHORITY.—The Administrator of Gen-
eral Services may, subject to section 3307 of title 
40, United States Code, construct new ports of entry 
along the northern border and southern border at lo-
cations determined by the Secretary. 
(2) CONSULTATION.— 
(A) REQUIREMENT
TO
CONSULT.—The 
Secretary and the Administrator of General 
Services shall consult with the Secretary of 
State, the Secretary of the Interior, the Sec-
retary of Agriculture, the Secretary of Trans-
portation, and appropriate representatives of 
State and local governments, and Indian tribes, 
and property owners in the United States prior 
to determining a location for any new port of 
entry constructed pursuant to paragraph (1). 
(B) CONSIDERATIONS.—The purpose of 
the consultations required by subparagraph (A) 
shall be to minimize any negative impacts of 
constructing a new port of entry on the environ-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
106 
ment, culture, commerce, and quality of life of 
the communities and residents located near 
such new port. 
(b) EXPANSION AND MODERNIZATION OF HIGH-PRI-
ORITY SOUTHERN BORDER PORTS OF ENTRY.—Not later 
than September 30, 2023, the Administrator of General 
Services, subject to section 3307 of title 40, United States 
Code, and in coordination with the Secretary, shall expand 
or modernize high-priority ports of entry on the southern 
border, as determined by the Secretary, for the purposes 
of reducing wait times and enhancing security. 
(c) PORT OF ENTRY PRIORITIZATION.—Prior to con-
structing any new ports of entry pursuant to subsection 
(a), the Administrator of General Services shall complete 
the expansion and modernization of ports of entry pursu-
ant to subsection (b) to the extent practicable. 
(d) NOTIFICATIONS.— 
(1) RELATING TO NEW PORTS OF ENTRY.—Not 
later than 15 days after determining the location of 
any new port of entry for construction pursuant to 
subsection (a), the Secretary and the Administrator 
of General Services shall jointly notify the Members 
of Congress who represent the State or congressional 
district in which such new port of entry will be lo-
cated, as well as the Committee on Homeland Secu-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
107 
rity and Governmental Affairs, the Committee on 
Finance, the Committee on Commerce, Science, and 
Transportation, and the Committee on the Judiciary 
of the Senate, and the Committee on Homeland Se-
curity, the Committee on Ways and Means, the 
Committee on Transportation and Infrastructure, 
and the Committee on the Judiciary of the House of 
Representatives. Such notification shall include in-
formation relating to the location of such new port 
of entry, a description of the need for such new port 
of entry and associated anticipated benefits, a de-
scription of the consultations undertaken by the Sec-
retary and the Administrator pursuant to paragraph 
(2) of such subsection, any actions that will be taken 
to minimize negative impacts of such new port of 
entry, and the anticipated time-line for construction 
and completion of such new port of entry. 
(2) RELATING TO EXPANSION AND MODERNIZA-
TION OF PORTS OF ENTRY.—Not later than 180 
days after enactment of this Act, the Secretary and 
the Administrator of General Services shall jointly 
notify the Committee on Homeland Security and 
Governmental Affairs, the Committee on Finance, 
the Committee on Commerce, Science, and Trans-
portation, and the Committee on the Judiciary of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
108 
the Senate, and the Committee on Homeland Secu-
rity, the Committee on Ways and Means, the Com-
mittee on Transportation and Infrastructure, and 
the Committee on the Judiciary of the House of 
Representatives of the ports of entry on the south-
ern border that are the subject of expansion or mod-
ernization pursuant to subsection (b) and the Sec-
retary’s and Administrator’s plan for expanding or 
modernizing each such port of entry. 
(e) SAVINGS PROVISION.—Nothing in this section 
may be construed to— 
(1) create or negate any right of action for a 
State, local government, or other person or entity af-
fected by this section; 
(2) delay the transfer of the possession of prop-
erty to the United States or affect the validity of 
any property acquisitions by purchase or eminent 
domain, or to otherwise affect the eminent domain 
laws of the United States or of any State; or 
(3) create any right or liability for any party. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as providing the Secretary new au-
thority related to the construction, acquisition, or renova-
tion of real property. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
109 
SEC. 2102. SECURE COMMUNICATIONS. 
(a) IN GENERAL.—The Secretary shall ensure that 
each U.S. Customs and Border Protection and U.S. Immi-
gration and Customs Enforcement officer or agent, if ap-
propriate, is equipped with a secure radio or other two- 
way communication device, supported by system interoper-
ability, that allows each such officer to communicate— 
(1) between ports of entry and inspection sta-
tions; and 
(2) with other Federal, State, tribal, and local 
law enforcement entities. 
(b) U.S. BORDER PATROL AGENTS.—The Secretary 
shall ensure that each U.S. Border Patrol agent or officer 
assigned or required to patrol on foot, by horseback, or 
with a canine unit, in remote mission critical locations, 
and at border checkpoints, has a multi- or dual-band 
encrypted portable radio. 
(c) LTE CAPABILITY.—In carrying out subsection 
(b), the Secretary shall acquire radios or other devices 
with the option to be LTE-capable for deployment in areas 
where LTE enhances operations and is cost effective. 
SEC. 2103. BORDER SECURITY DEPLOYMENT PROGRAM. 
(a) EXPANSION.—Not later than September 30, 
2023, the Secretary shall fully implement the Border Se-
curity Deployment Program of the U.S. Customs and Bor-
der Protection and expand the integrated surveillance and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
110 
intrusion detection system at land ports of entry along the 
southern border and the northern border. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated 
$33,000,000 for fiscal years 2019 through 2023 to carry 
out subsection (a). 
SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READ-
ERS AT PORTS OF ENTRY. 
(a) UPGRADE.—Not later than two years after the 
date of the enactment of this Act, the Commissioner shall 
upgrade all existing license plate readers in need of up-
grade, as determined by the Commissioner, on the north-
ern and southern borders on incoming and outgoing vehi-
cle lanes. 
(b) PILOT PROGRAM.—Not later than 90 days after 
the date of the enactment of this Act, the Commissioner 
shall conduct a one-month pilot program on the southern 
border using license plate readers for one to two cargo 
lanes at the top three high-volume land ports of entry or 
checkpoints to determine their effectiveness in reducing 
cross-border wait times for commercial traffic and tractor- 
trailers. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
111 
to the Committee on Homeland Security and Govern-
mental Affairs, the Committee on the Judiciary, and the 
Committee on Finance of the Senate, and the Committee 
on Homeland Security, and Committee on the Judiciary, 
and the Committee on Ways and Means of the House of 
Representatives the results of the pilot program under 
subsection (b) and make recommendations for imple-
menting use of such technology on the southern border. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized to be appropriated 
for such purpose, there is authorized to be appropriated 
$125,000,000 for fiscal years 2019 through 2020 to carry 
out subsection (a). 
SEC. 2105. NON-INTRUSIVE INSPECTION OPERATIONAL 
DEMONSTRATION. 
(a) IN GENERAL.—Not later than six months after 
the date of the enactment of this Act, the Commissioner 
shall establish a six-month operational demonstration to 
deploy a high-throughput non-intrusive passenger vehicle 
inspection system at not fewer than three land ports of 
entry along the United States-Mexico border with signifi-
cant cross-border traffic. Such demonstration shall be lo-
cated within the pre-primary traffic flow and should be 
scalable to span up to 26 contiguous in-bound traffic lanes 
without re-configuration of existing lanes. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
112 
(b) REPORT.—Not later than 90 days after the con-
clusion of the operational demonstration under subsection 
(a), the Commissioner shall submit to the Committee on 
Homeland Security and the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs and the 
Committee on Finance of the Senate a report that de-
scribes the following: 
(1) The effects of such demonstration on legiti-
mate travel and trade. 
(2) The effects of such demonstration on wait 
times, including processing times, for non-pedestrian 
traffic. 
(3) The effectiveness of such demonstration in 
combating terrorism and smuggling. 
SEC. 2106. BIOMETRIC EXIT DATA SYSTEM. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 211 et seq.) 
is amended by inserting after section 415 the following 
new section: 
‘‘SEC. 416. BIOMETRIC ENTRY-EXIT. 
‘‘(a) ESTABLISHMENT.—The Secretary shall— 
‘‘(1) not later than 180 days after the date of 
the enactment of this section, submit to the Com-
mittee on Homeland Security and Governmental Af-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
113 
fairs and the Committee on the Judiciary of the 
Senate and the Committee on Homeland Security 
and the Committee on the Judiciary of the House of 
Representatives an implementation plan to establish 
a biometric exit data system to complete the inte-
grated biometric entry and exit data system required 
under section 7208 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 
including— 
‘‘(A) an integrated master schedule and 
cost estimate, including requirements and de-
sign, development, operational, and mainte-
nance costs of such a system, that takes into 
account prior reports on such matters issued by 
the Government Accountability Office and the 
Department; 
‘‘(B) cost-effective staffing and personnel 
requirements of such a system that leverages 
existing resources of the Department that takes 
into account prior reports on such matters 
issued by the Government Accountability Office 
and the Department; 
‘‘(C) a consideration of training programs 
necessary to establish such a system that takes 
into account prior reports on such matters 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
114 
issued by the Government Accountability Office 
and the Department; 
‘‘(D) a consideration of how such a system 
will affect arrival and departure wait times that 
takes into account prior reports on such matter 
issued by the Government Accountability Office 
and the Department; 
‘‘(E) information received after consulta-
tion with private sector stakeholders, including 
the— 
‘‘(i) trucking industry; 
‘‘(ii) airport industry; 
‘‘(iii) airline industry; 
‘‘(iv) seaport industry; 
‘‘(v) travel industry; and 
‘‘(vi) biometric technology industry; 
‘‘(F) a consideration of how trusted trav-
eler programs in existence as of the date of the 
enactment of this section may be impacted by, 
or incorporated into, such a system; 
‘‘(G) defined metrics of success and mile-
stones; 
‘‘(H) identified risks and mitigation strate-
gies to address such risks; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
115 
‘‘(I) a consideration of how other countries 
have implemented a biometric exit data system; 
and 
‘‘(J) a list of statutory, regulatory, or ad-
ministrative authorities, if any, needed to inte-
grate such a system into the operations of the 
Transportation Security Administration; and 
‘‘(2) not later than two years after the date of 
the enactment of this section, establish a biometric 
exit data system at the— 
‘‘(A) 15 United States airports that sup-
port the highest volume of international air 
travel, as determined by available Federal flight 
data; 
‘‘(B) 10 United States seaports that sup-
port the highest volume of international sea 
travel, as determined by available Federal travel 
data; and 
‘‘(C) 15 United States land ports of entry 
that support the highest volume of vehicle, pe-
destrian, and cargo crossings, as determined by 
available Federal border crossing data. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) PILOT
PROGRAM
AT
LAND
PORTS
OF 
ENTRY.—Not later than six months after the date of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
116 
the enactment of this section, the Secretary, in col-
laboration with industry stakeholders, shall establish 
a six-month pilot program to test the biometric exit 
data system referred to in subsection (a)(2) on non- 
pedestrian outbound traffic at not fewer than three 
land ports of entry with significant cross-border traf-
fic, including at not fewer than two land ports of 
entry on the southern land border and at least one 
land port of entry on the northern land border. Such 
pilot program may include a consideration of more 
than one biometric mode, and shall be implemented 
to determine the following: 
‘‘(A) How a nationwide implementation of 
such biometric exit data system at land ports of 
entry shall be carried out. 
‘‘(B) The infrastructure required to carry 
out subparagraph (A). 
‘‘(C) The effects of such pilot program on 
legitimate travel and trade. 
‘‘(D) The effects of such pilot program on 
wait times, including processing times, for such 
non-pedestrian traffic. 
‘‘(E) The effects of such pilot program on 
combating terrorism. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
117 
‘‘(F) The effects of such pilot program on 
identifying visa holders who violate the terms of 
their visas. 
‘‘(2) AT LAND PORTS OF ENTRY.— 
‘‘(A) IN
GENERAL.—Not later than five 
years after the date of the enactment of this 
section, the Secretary shall expand the biomet-
ric exit data system referred to in subsection 
(a)(2) to all land ports of entry. 
‘‘(B) EXTENSION.—The Secretary may ex-
tend for a single two-year period the date speci-
fied in subparagraph (A) if the Secretary cer-
tifies to the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on the Judiciary of the Senate and the Com-
mittee on Homeland Security and the Com-
mittee on the Judiciary of the House of Rep-
resentatives that the 15 land ports of entry that 
support the highest volume of passenger vehi-
cles, as determined by available Federal data, 
do not have the physical infrastructure or char-
acteristics to install the systems necessary to 
implement a biometric exit data system. Such 
extension shall apply only in the case of non-pe-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
118 
destrian outbound traffic at such land ports of 
entry. 
‘‘(3) AT AIR AND SEA PORTS OF ENTRY.—Not 
later than five years after the date of the enactment 
of this section, the Secretary shall expand the bio-
metric exit data system referred to in subsection 
(a)(2) to all air and sea ports of entry. 
‘‘(c) EFFECTS ON AIR, SEA, AND LAND TRANSPOR-
TATION.—The Secretary, in consultation with appropriate 
private sector stakeholders, shall ensure that the collection 
of biometric data under this section causes the least pos-
sible disruption to the movement of people or cargo in air, 
sea, or land transportation, while fulfilling the goals of im-
proving counterterrorism efforts and identifying visa hold-
ers who violate the terms of their visas. 
‘‘(d) TERMINATION
OF
PROCEEDING.—Notwith-
standing any other provision of law, the Secretary shall, 
on the date of the enactment of this section, terminate 
the proceeding entitled ‘Collection of Alien Biometric Data 
Upon Exit From the United States at Air and Sea Ports 
of Departure; United States Visitor and Immigrant Status 
Indicator Technology Program (‘‘US–VISIT’’)’, issued on 
April 24, 2008 (73 Fed. Reg. 22065). 
‘‘(e) DATA-MATCHING.—The biometric exit data sys-
tem established under this section shall— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
119 
‘‘(1) match biometric information for an indi-
vidual, regardless of nationality, citizenship, or im-
migration status, who is departing the United States 
against biometric data previously provided to the 
United States Government by such individual for the 
purposes of international travel; 
‘‘(2) leverage the infrastructure and databases 
of the current biometric entry and exit system estab-
lished pursuant to section 7208 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (8 
U.S.C. 1365b) for the purpose described in para-
graph (1); and 
‘‘(3) be interoperable with, and allow matching 
against, other Federal databases that— 
‘‘(A) store biometrics of known or sus-
pected terrorists; and 
‘‘(B) identify visa holders who violate the 
terms of their visas. 
‘‘(f) SCOPE.— 
‘‘(1) IN
GENERAL.—The biometric exit data 
system established under this section shall include a 
requirement for the collection of biometric exit data 
at the time of departure for all categories of individ-
uals who are required by the Secretary to provide bi-
ometric entry data. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
120 
‘‘(2) EXCEPTION FOR CERTAIN OTHER INDIVID-
UALS.—This section shall not apply in the case of an 
individual who exits and then enters the United 
States on a passenger vessel (as such term is defined 
in section 2101 of title 46, United States Code) the 
itinerary of which originates and terminates in the 
United States. 
‘‘(3) 
EXCEPTION
FOR
LAND
PORTS
OF 
ENTRY.—This section shall not apply in the case of 
a United States or Canadian citizen who exits the 
United States through a land port of entry. 
‘‘(g) COLLECTION OF DATA.—The Secretary may not 
require any non-Federal person to collect biometric data, 
or contribute to the costs of collecting or administering 
the biometric exit data system established under this sec-
tion, except through a mutual agreement. 
‘‘(h) MULTI-MODAL COLLECTION.—In carrying out 
subsections (a)(1) and (b), the Secretary shall make every 
effort to collect biometric data using multiple modes of 
biometrics. 
‘‘(i) FACILITIES.—All facilities at which the biometric 
exit data system established under this section is imple-
mented shall provide and maintain space for Federal use 
that is adequate to support biometric data collection and 
other inspection-related activity. For non-federally owned 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
121 
facilities, such space shall be provided and maintained at 
no cost to the Government. For all facilities at land ports 
of entry, such space requirements shall be coordinated 
with the Administrator of General Services. 
‘‘(j) NORTHERN LAND BORDER.—In the case of the 
northern land border, the requirements under subsections 
(a)(2)(C), (b)(2)(A), and (b)(4) may be achieved through 
the sharing of biometric data provided to the Department 
by the Canadian Border Services Agency pursuant to the 
2011 Beyond the Border agreement. 
‘‘(k) FULL
AND OPEN COMPETITION.—The Sec-
retary shall procure goods and services to implement this 
section via full and open competition in accordance with 
the Federal Acquisition Regulations. 
‘‘(l) OTHER BIOMETRIC INITIATIVES.—Nothing in 
this section may be construed as limiting the authority of 
the Secretary to collect biometric information in cir-
cumstances other than as specified in this section. 
‘‘(m) CONGRESSIONAL REVIEW.—Not later than 90 
days after the date of the enactment of this section, the 
Secretary shall submit to the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, the Com-
mittee on the Judiciary of the Senate, the Committee on 
Homeland Security of the House of Representatives, and 
Committee on the Judiciary of the House of Representa-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
122 
tives reports and recommendations regarding the Science 
and Technology Directorate’s Air Entry and Exit Re-En-
gineering Program of the Department and the U.S. Cus-
toms and Border Protection entry and exit mobility pro-
gram demonstrations. 
‘‘(n) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the collection of user fees permitted by section 
13031 of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
415 the following new item: 
‘‘Sec. 416. Biometric entry-exit.’’. 
SEC. 2107. SENSE OF CONGRESS ON COOPERATION BE-
TWEEN AGENCIES. 
(a) FINDING.—Congress finds that personnel con-
straints exist at land ports of entry with regard to sanitary 
and phytosanitary inspections for exported goods. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in the best interest of cross-border trade and 
the agricultural community— 
(1) any lack of certified personnel for inspection 
purposes at ports of entry should be addressed by 
seeking cooperation between agencies and depart-
ments of the United States, whether in the form of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
123 
a memorandum of understanding or through a cer-
tification process, whereby additional existing agents 
are authorized for additional hours to facilitate and 
expedite the flow of legitimate trade and commerce 
of perishable goods in a manner consistent with 
rules of the Department of Agriculture; and 
(2) cross designation should be available for 
personnel who will assist more than one agency or 
department of the United States at land ports of 
entry to facilitate and expedite the flow of increased 
legitimate trade and commerce. 
SEC. 2108. AUTHORIZATION OF APPROPRIATIONS. 
In addition to any amounts otherwise authorized to 
be appropriated for such purpose, there is authorized to 
be appropriated $4,250,000,000 for each of fiscal years 
2019 through 2023 to carry out this title, of which 
$250,000,000 in each such fiscal year is authorized to be 
made available to implement the biometric exit data sys-
tem described in section 416 of the Homeland Security 
Act of 2002, as added by section 2106 of this division. 
SEC. 2109. DEFINITION. 
In this title, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
124 
TITLE III—VISA SECURITY AND 
INTEGRITY 
SEC. 3101. VISA SECURITY. 
(a) VISA SECURITY UNITS AT HIGH RISK POSTS.— 
Paragraph (1) of section 428(e) of the Homeland Security 
Act of 2002 (6 U.S.C. 236(e)) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(A) AUTHORIZATION.—Subject to the 
minimum number specified in subparagraph 
(B), the Secretary’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) RISK-BASED ASSIGNMENTS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the Secretary shall as-
sign employees of the Department to not 
fewer than 75 diplomatic and consular 
posts at which visas are issued. Such as-
signments shall be made— 
‘‘(I) in a risk-based manner; 
‘‘(II) considering the criteria de-
scribed in clause (iii); and 
‘‘(III) in accordance with Na-
tional Security Decision Directive 38 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
125 
of June 2, 1982, or any superseding 
presidential directive concerning staff-
ing at diplomatic and consular posts. 
‘‘(ii) PRIORITY
CONSIDERATION.—In 
carrying out National Security Decision 
Directive 38 of June 2, 1982, the Sec-
retary of State shall ensure priority consid-
eration of any staffing assignment pursu-
ant to this subparagraph. 
‘‘(iii) CRITERIA DESCRIBED.—The cri-
teria referred to in clause (i) are the fol-
lowing: 
‘‘(I) The number of nationals of 
a country in which any of the diplo-
matic and consular posts referred to 
in clause (i) are located who were 
identified in United States Govern-
ment databases related to the identi-
ties of known or suspected terrorists 
during the previous year. 
‘‘(II) Information on the coopera-
tion of such country with the counter-
terrorism efforts of the United States. 
‘‘(III) Information analyzing the 
presence, activity, or movement of ter-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
126 
rorist organizations (as such term is 
defined in section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(vi))) within 
or through such country. 
‘‘(IV) The number of formal ob-
jections based on derogatory informa-
tion issued by the Visa Security Advi-
sory Opinion Unit pursuant to para-
graph (10) regarding nationals of a 
country in which any of the diplomatic 
and consular posts referred to in 
clause (i) are located. 
‘‘(V) The adequacy of the border 
and immigration control of such coun-
try. 
‘‘(VI) Any other criteria the Sec-
retary determines appropriate.’’. 
(b) COUNTERTERROR VETTING AND SCREENING.— 
Paragraph (2) of section 428(e) of the Homeland Security 
Act of 2002 is amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
127 
‘‘(C) Screen any such applications against 
the appropriate criminal, national security, and 
terrorism databases maintained by the Federal 
Government.’’. 
(c) TRAINING AND HIRING.—Subparagraph (A) of 
section 428(e)(6) of the Homeland Security Act of 2002 
is amended by— 
(1) striking ‘‘The Secretary shall ensure, to the 
extent possible, that any employees’’ and inserting 
‘‘The Secretary, acting through the Commissioner of 
U.S. Customs and Border Protection and the Direc-
tor of U.S. Immigration and Customs Enforcement, 
shall provide training to any employees’’; and 
(2) striking ‘‘shall be provided the necessary 
training’’. 
(d) PRE-ADJUDICATED VISA SECURITY ASSISTANCE 
AND VISA SECURITY ADVISORY OPINION UNIT.—Sub-
section (e) of section 428 of the Homeland Security Act 
of 2002 is amended by adding at the end the following 
new paragraphs: 
‘‘(9) REMOTE
PRE-ADJUDICATED
VISA
SECU-
RITY
ASSISTANCE.—At the visa-issuing posts at 
which employees of the Department are not assigned 
pursuant to paragraph (1), the Secretary shall, in a 
risk-based manner, assign employees of the Depart-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
128 
ment to remotely perform the functions required 
under paragraph (2) at not fewer than 50 of such 
posts. 
‘‘(10) 
VISA
SECURITY
ADVISORY
OPINION 
UNIT.—The Secretary shall establish within U.S. 
Immigration and Customs Enforcement a Visa Secu-
rity Advisory Opinion Unit to respond to requests 
from the Secretary of State to conduct a visa secu-
rity review using information maintained by the De-
partment on visa applicants, including terrorism as-
sociation, criminal history, counter-proliferation, and 
other relevant factors, as determined by the Sec-
retary.’’. 
(e) 
DEADLINES.—The 
requirements 
established 
under paragraphs (1) and (9) of section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 236(e)), as 
amended and added by this section, shall be implemented 
not later than three years after the date of the enactment 
of this Act. 
(f) FUNDING.— 
(1) ADDITIONAL VISA FEE.— 
(A) IN GENERAL.—The Secretary of State, 
in consultation with the Secretary of Homeland 
Security, shall charge a fee in support of visa 
security, to be deposited in the U.S. Immigra-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
129 
tion and Customs Enforcement account. Fees 
imposed pursuant to this subsection shall be 
available only to the extent provided in advance 
by appropriations Acts. 
(B) AMOUNT OF FEE.—The total amount 
of the additional fee charged pursuant to this 
subsection shall be equal to an amount suffi-
cient to cover the annual costs of the visa secu-
rity program established by the Secretary of 
Homeland Security under section 428(e) of the 
Homeland Security Act of 2002 (6 U.S.C. 
236(e)), as amended by this section. 
(2) USE OF FEES.—Amounts deposited in the 
U.S. Immigration and Customs Enforcement ac-
count pursuant to paragraph (1) are authorized to 
be appropriated to the Secretary of Homeland Secu-
rity for the funding of the visa security program re-
ferred to in such paragraph. 
SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIO-
METRIC MATCHING. 
(a) IN GENERAL.—Subtitle B of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by section 2106 of this division, is further 
amended by adding at the end the following new sections: 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
130 
‘‘SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIO-
METRIC MATCHING. 
‘‘(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this section, the Commissioner 
of U.S. Customs and Border Protection shall— 
‘‘(1) screen electronic passports at airports of 
entry by reading each such passport’s embedded 
chip; and 
‘‘(2) to the greatest extent practicable, utilize 
facial recognition technology or other biometric tech-
nology, as determined by the Commissioner, to in-
spect travelers at United States airports of entry. 
‘‘(b) APPLICABILITY.— 
‘‘(1) ELECTRONIC
PASSPORT
SCREENING.— 
Paragraph (1) of subsection (a) shall apply to pass-
ports belonging to individuals who are United States 
citizens, individuals who are nationals of a program 
country pursuant to section 217 of the Immigration 
and Nationality Act (8 U.S.C. 1187), and individ-
uals who are nationals of any other foreign country 
that issues electronic passports. 
‘‘(2) FACIAL RECOGNITION MATCHING.—Para-
graph (2) of subsection (a) shall apply, at a min-
imum, to individuals who are nationals of a program 
country pursuant to section 217 of the Immigration 
and Nationality Act. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
131 
‘‘(c) ANNUAL REPORT.—The Commissioner of U.S. 
Customs and Border Protection, in collaboration with the 
Chief Privacy Officer of the Department, shall issue to the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate an annual report 
through fiscal year 2022 on the utilization of facial rec-
ognition technology and other biometric technology pursu-
ant to subsection (a)(2). Each such report shall include 
information on the type of technology used at each airport 
of entry, the number of individuals who were subject to 
inspection using either of such technologies at each airport 
of entry, and within the group of individuals subject to 
such inspection at each airport, the number of those indi-
viduals who were United States citizens and legal perma-
nent residents. Each such report shall provide information 
on the disposition of data collected during the year covered 
by such report, together with information on protocols for 
the management of collected biometric data, including 
timeframes and criteria for storing, erasing, destroying, 
or otherwise removing such data from databases utilized 
by the Department. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
132 
‘‘SEC. 420A. CONTINUOUS SCREENING BY U.S. CUSTOMS 
AND BORDER PROTECTION. 
‘‘The Commissioner of U.S. Customs and Border 
Protection shall, in a risk based manner, continuously 
screen individuals issued any visa, and individuals who are 
nationals of a program country pursuant to section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187), 
who are present, or are expected to arrive within 30 days, 
in the United States, against the appropriate criminal, na-
tional security, and terrorism databases maintained by the 
Federal Government.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
419 the following new items: 
‘‘Sec. 420. Electronic passport screening and biometric matching. 
‘‘Sec. 420A. Continuous screening by U.S. Customs and Border Protection.’’. 
SEC. 3103. REPORTING OF VISA OVERSTAYS. 
Section 2 of Public Law 105–173 (8 U.S.C. 1376) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and any additional infor-
mation that the Secretary determines necessary 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
133 
for purposes of the report under subsection 
(b)’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ANNUAL REPORT.—Not later than September 
30, 2019, and not later than September 30 of each year 
thereafter, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security and the Com-
mittee on the Judiciary of the House of Representatives 
and to the Committee on Homeland Security and Govern-
mental Affairs and the Committee on the Judiciary of the 
Senate a report providing, for the preceding fiscal year, 
numerical estimates (including information on the meth-
odology utilized to develop such numerical estimates) of— 
‘‘(1) for each country, the number of aliens 
from the country who are described in subsection 
(a), including— 
‘‘(A) the total number of such aliens within 
all classes of nonimmigrant aliens described in 
section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)); and 
‘‘(B) the number of such aliens within each 
of the classes of nonimmigrant aliens, as well as 
the number of such aliens within each of the 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
134 
subclasses of such classes of nonimmigrant 
aliens, as applicable; 
‘‘(2) for each country, the percentage of the 
total number of aliens from the country who were 
present in the United States and were admitted to 
the United States as nonimmigrants who are de-
scribed in subsection (a); 
‘‘(3) the number of aliens described in sub-
section (a) who arrived by land at a port of entry 
into the United States; 
‘‘(4) the number of aliens described in sub-
section (a) who entered the United States using a 
border crossing identification card (as such term is 
defined in section 101(a)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(6))); and 
‘‘(5) the number of Canadian nationals who en-
tered the United States without a visa whose author-
ized period of stay in the United States terminated 
during the previous fiscal year, but who remained in 
the United States.’’. 
SEC. 3104. STUDENT AND EXCHANGE VISITOR INFORMA-
TION SYSTEM VERIFICATION. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
ensure that the information collected under the program 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
135 
established under section 641 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and 
Border Protection for the purpose of conducting primary 
inspections of aliens seeking admission to the United 
States at each port of entry of the United States. 
SEC. 3105. SOCIAL MEDIA REVIEW OF VISA APPLICANTS. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.), 
as amended by sections 1115, 1123, and 1126 of this divi-
sion, is further amended by adding at the end the fol-
lowing new sections: 
‘‘SEC. 438. SOCIAL MEDIA SCREENING. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section, the Secretary 
shall, to the greatest extent practicable, and in a risk 
based manner and on an individualized basis, review the 
social media accounts of certain visa applicants who are 
citizens of, or who reside in, high-risk countries, as deter-
mined by the Secretary based on the criteria described in 
subsection (b). 
‘‘(b) HIGH-RISK CRITERIA DESCRIBED.—In deter-
mining whether a country is high-risk pursuant to sub-
section (a), the Secretary, in consultation with the Sec-
retary of State, shall consider the following criteria: 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
136 
‘‘(1) The number of nationals of the country 
who were identified in United States Government 
databases related to the identities of known or sus-
pected terrorists during the previous year. 
‘‘(2) The level of cooperation of the country 
with the counter-terrorism efforts of the United 
States. 
‘‘(3) Any other criteria the Secretary deter-
mines appropriate. 
‘‘(c) COLLABORATION.—To carry out the require-
ments of subsection (a), the Secretary may collaborate 
with— 
‘‘(1) the head of a national laboratory within 
the Department’s laboratory network with relevant 
expertise; 
‘‘(2) the head of a relevant university-based 
center within the Department’s centers of excellence 
network; and 
‘‘(3) the heads of other appropriate Federal 
agencies. 
‘‘(d) WAIVER.—The Secretary, in collaboration with 
the Secretary of State, is authorized to waive the require-
ments of subsection (a) as necessary to comply with inter-
national obligations of the United States. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
137 
‘‘SEC. 439. OPEN SOURCE SCREENING. 
‘‘The Secretary shall, to the greatest extent prac-
ticable, and in a risk based manner, review open source 
information of visa applicants.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002, as 
amended by this division is further amended by inserting 
after the item relating to section 437 the following new 
items: 
‘‘Sec. 438. Social media screening. 
‘‘Sec. 439. Open source screening.’’. 
SEC. 3106. CANCELLATION OF ADDITIONAL VISAS. 
(a) IN GENERAL.—Section 222(g) of the Immigra-
tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary’’; and 
(B) by inserting ‘‘and any other non-
immigrant visa issued by the United States that 
is in the possession of the alien’’ after ‘‘such 
visa’’; and 
(2) in paragraph (2)(A), by striking ‘‘(other 
than the visa described in paragraph (1)) issued in 
a consular office located in the country of the alien’s 
nationality’’ and inserting ‘‘(other than a visa de-
scribed in paragraph (1)) issued in a consular office 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
138 
located in the country of the alien’s nationality or 
foreign residence’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to a visa issued before, 
on, or after such date. 
SEC. 3107. VISA INFORMATION SHARING. 
(a) IN GENERAL.—Section 222(f) of the Immigration 
and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 
(1) by striking ‘‘issuance or refusal’’ and insert-
ing ‘‘issuance, refusal, or revocation’’; 
(2) in paragraph (2), in the matter preceding 
subparagraph (A), by striking ‘‘and on the basis of 
reciprocity’’ and all that follows and inserting the 
following ‘‘may provide to a foreign government in-
formation in a Department of State computerized 
visa database and, when necessary and appropriate, 
other records covered by this section related to infor-
mation in such database—’’; 
(3) in paragraph (2)(A)— 
(A) by inserting at the beginning ‘‘on the 
basis of reciprocity,’’; 
(B) by inserting ‘‘(i)’’ after ‘‘for the pur-
pose of’’; and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
139 
(C) by striking ‘‘illicit weapons; or’’ and 
inserting ‘‘illicit weapons, or (ii) determining a 
person’s deportability or eligibility for a visa, 
admission, or other immigration benefit;’’; 
(4) in paragraph (2)(B)— 
(A) by inserting at the beginning ‘‘on the 
basis of reciprocity,’’; 
(B) by striking ‘‘in the database’’ and in-
serting ‘‘such database’’; 
(C) by striking ‘‘for the purposes’’ and in-
serting ‘‘for one of the purposes’’; and 
(D) by striking ‘‘or to deny visas to per-
sons who would be inadmissible to the United 
States.’’ and inserting ‘‘; or’’; and 
(5) in paragraph (2), by adding at the end the 
following: 
‘‘(C) with regard to any or all aliens in the 
database specified data elements from each 
record, if the Secretary of State determines that 
it is in the national interest to provide such in-
formation to a foreign government.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 60 days after the date of 
the enactment of this Act. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
140 
SEC. 3108. RESTRICTING WAIVER OF VISA INTERVIEWS. 
Section 222(h) of the Immigration and Nationality 
Act (8 U.S.C. 1202(h)(1)(B)) is amended— 
(1) in paragraph (1)(C), by inserting ‘‘, in con-
sultation with the Secretary of Homeland Security,’’ 
after ‘‘if the Secretary’’; 
(2) in paragraph (1)(C)(i), by inserting ‘‘, 
where such national interest shall not include facili-
tation of travel of foreign nationals to the United 
States, reduction of visa application processing 
times, or the allocation of consular resources’’ before 
the semicolon at the end; and 
(3) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (E); 
(B) by striking the period at the end of 
subparagraph (F) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(G) is an individual— 
‘‘(i) determined to be in a class of 
aliens determined by the Secretary of 
Homeland Security to be threats to na-
tional security; 
‘‘(ii) identified by the Secretary of 
Homeland Security as a person of concern; 
or 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
141 
‘‘(iii) applying for a visa in a visa cat-
egory with respect to which the Secretary 
of Homeland Security has determined that 
a waiver of the visa interview would create 
a high risk of degradation of visa program 
integrity.’’. 
SEC. 3109. AUTHORIZING THE DEPARTMENT OF STATE TO 
NOT INTERVIEW CERTAIN INELIGIBLE VISA 
APPLICANTS. 
(a) IN GENERAL.—Section 222(h)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 
amended by inserting ‘‘the alien is determined by the Sec-
retary of State to be ineligible for a visa based upon review 
of the application or’’ after ‘‘unless’’. 
(b) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall issue guidance to consular officers on the standards 
and processes for implementing the authority to deny visa 
applications without interview in cases where the alien is 
determined by the Secretary of State to be ineligible for 
a visa based upon review of the application. 
(c) REPORTS.—Not less frequently than once each 
quarter, the Secretary of State shall submit to the Con-
gress a report on the denial of visa applications without 
interview, including— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
142 
(1) the number of such denials; and 
(2) a post-by-post breakdown of such denials. 
SEC. 3110. PETITION AND APPLICATION PROCESSING FOR 
VISAS AND IMMIGRATION BENEFITS. 
(a) IN GENERAL.—Chapter 2 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1181 et seq.) is 
amended by inserting after section 211 the following: 
‘‘SEC. 211A. PETITION AND APPLICATION PROCESSING. 
‘‘(a) SIGNATURE REQUIREMENT.— 
‘‘(1) IN GENERAL.—No petition or application 
filed with the Secretary of Homeland Security or 
with a consular officer relating to the issuance of a 
visa or to the admission of an alien to the United 
States as an immigrant or as a nonimmigrant may 
be approved unless the petition or application is 
signed by each party required to sign such petition 
or application. 
‘‘(2) APPLICATIONS FOR IMMIGRANT VISAS.— 
Except as may be otherwise prescribed by regula-
tions, each application for an immigrant visa shall 
be signed by the applicant in the presence of the 
consular officer, and verified by the oath of the ap-
plicant administered by the consular officer. 
‘‘(b) COMPLETION REQUIREMENT.—No petition or 
application filed with the Secretary of Homeland Security 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
143 
or with a consular officer relating to the issuance of a visa 
or to the admission of an alien to the United States as 
an immigrant or as a nonimmigrant may be approved un-
less each applicable portion of the petition or application 
has been completed. 
‘‘(c) TRANSLATION REQUIREMENT.—No document 
submitted in support of a petition or application for a non-
immigrant or immigrant visa may be accepted by a con-
sular officer if such document contains information in a 
foreign language, unless such document is accompanied by 
a full English translation, which the translator has cer-
tified as complete and accurate, and by the translator’s 
certification that he or she is competent to translate from 
the foreign language into English. 
‘‘(d) REQUESTS FOR ADDITIONAL INFORMATION.— 
In the case that the Secretary of Homeland Security or 
a consular officer requests any additional information re-
lating to a petition or application filed with the Secretary 
or consular officer relating to the issuance of a visa or 
to the admission of an alien to the United States as an 
immigrant or as a nonimmigrant, such petition or applica-
tion may not be approved unless all of the additional infor-
mation requested is provided, or is shown to have been 
previously provided, in complete form and is provided on 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
144 
or before any reasonably established deadline included in 
the request.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 211 the following: 
‘‘Sec. 211A. Petition and application processing.’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply with respect to applications and peti-
tions filed after the date of the enactment of this Act. 
SEC. 3111. FRAUD PREVENTION. 
(a) PROSPECTIVE ANALYTICS TECHNOLOGY.— 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate a plan for the use of ad-
vanced analytics software to ensure the proactive de-
tection of fraud in immigration benefits applications 
and petitions and to ensure that any such applicant 
or petitioner does not pose a threat to national secu-
rity. 
(2) IMPLEMENTATION
OF
PLAN.—Not later 
than 1 year after the date of the submission of the 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
145 
plan under paragraph (1), the Secretary of Home-
land Security shall begin implementation of the plan. 
(b) BENEFITS FRAUD ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, acting through the Fraud Detection and 
Nationality Security Directorate, shall complete a 
benefit fraud assessment by fiscal year 2021 on each 
of the following: 
(A) Petitions by VAWA self-petitioners (as 
such term is defined in section 101(a)(51) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(51)). 
(B) Applications or petitions for visas or 
status under section 101(a)(15)(K) of such Act 
or under section 201(b)(2) of such Act, in the 
case of spouses (8 U.S.C. 1101(a)(15)(K)). 
(C) Applications for visas or status under 
section 101(a)(27)(J) of such Act (8 U.S.C. 
1101(a)(27)(J)). 
(D) Applications for visas or status under 
section 101(a)(15)(U) of such Act (8 U.S.C. 
1101(a)(15)(U)). 
(E) Petitions for visas or status under sec-
tion 101(a)(27)(C) of such Act (8 U.S.C. 
1101(a)(27)(C)). 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
146 
(F) Applications for asylum under section 
208 of such Act (8 U.S.C. 1158). 
(G) Applications for adjustment of status 
under section 209 of such Act (8 U.S.C. 1159). 
(H) Petitions for visas or status under sec-
tion 201(b) of such Act (8 U.S.C. 1151(b)). 
(2) REPORTING ON FINDINGS.—Not later than 
30 days after the completion of each benefit fraud 
assessment under paragraph (1), the Secretary shall 
submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate such assessment and rec-
ommendations on how to reduce the occurrence of 
instances of fraud identified by the assessment. 
SEC. 3112. VISA INELIGIBILITY FOR SPOUSES AND CHIL-
DREN OF DRUG TRAFFICKERS. 
Section 212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)) is amended— 
(1) in subparagraph (C)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’; and 
(2) in subparagraph (H)(ii), by striking ‘‘is the 
spouse, son, or daughter’’ and inserting ‘‘is or has 
been the spouse, son, or daughter’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
147 
SEC. 3113. DNA TESTING. 
Section 222(b) of the Immigration and Nationality 
Act (8 U.S.C. 1202(b)) is amended by inserting ‘‘Where 
considered necessary, by the consular officer or immigra-
tion official, to establish family relationships, the immi-
grant shall provide DNA evidence of such a relationship 
in accordance with procedures established for submitting 
such evidence. The Secretary and the Secretary of State 
may, in consultation, issue regulations to require DNA 
evidence to establish family relationship, from applicants 
for certain visa classifications.’’ after ‘‘and a certified copy 
of all other records or documents concerning him or his 
case which may be required by the consular officer.’’. 
SEC. 3114. ACCESS TO NCIC CRIMINAL HISTORY DATABASE 
FOR DIPLOMATIC VISAS. 
Subsection (a) of article V of section 217 of the Na-
tional Crime Prevention and Privacy Compact Act of 1998 
(34 U.S.C. 40316(V)(a)) is amended by inserting ‘‘, ex-
cept for diplomatic visa applications for which only full 
biographical information is required’’ before the period at 
the end. 
SEC. 3115. ELIMINATION OF SIGNED PHOTOGRAPH RE-
QUIREMENT FOR VISA APPLICATIONS. 
Section 221(b) of the Immigration and Nationality 
Act (8 U.S.C. 1201(b)) is amended by striking the first 
sentence and insert the following: ‘‘Each alien who applies 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
148 
for a visa shall be registered in connection with his or her 
application and shall furnish copies of his or her photo-
graph for such use as may be required by regulation.’’. 
SEC. 3116. ADDITIONAL FRAUD DETECTION AND PREVEN-
TION. 
Section 286(v)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘at United States embassies and consulates 
abroad’’; 
(2) by amending clause (i) to read as follows: 
‘‘(i) to increase the number of diplo-
matic security personnel assigned exclu-
sively or primarily to the function of pre-
venting and detecting visa fraud;’’; and 
(3) in clause (ii), by striking ‘‘, including pri-
marily fraud by applicants for visas described in 
subparagraph (H)(i), (H)(ii), or (L) of section 
101(a)(15)’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
149 
TITLE 
IV—TRANSNATIONAL 
CRIMINAL ORGANIZATION IL-
LICIT SPOTTER PREVENTION 
AND ELIMINATION 
SEC. 4101. SHORT TITLE. 
This title may be cited as the ‘‘Transnational Crimi-
nal Organization Illicit Spotter Prevention and Elimi-
nation Act’’. 
SEC. 4102. ILLICIT SPOTTING. 
Section 1510 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(f) Any person who knowingly transmits, by any 
means, to another person the location, movement, or ac-
tivities of any officer or agent of a Federal, State, local, 
or tribal law enforcement agency with the intent to further 
a criminal offense under the immigration laws (as such 
term is defined in section 101 of the Immigration and Na-
tionality Act), the Controlled Substances Act, or the Con-
trolled Substances Import and Export Act, or that relates 
to agriculture or monetary instruments shall be fined 
under this title or imprisoned not more than 10 years, or 
both.’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
150 
SEC. 4103. UNLAWFULLY HINDERING IMMIGRATION, BOR-
DER, AND CUSTOMS CONTROLS. 
(a) BRINGING
IN
AND HARBORING
OF CERTAIN 
ALIENS.—Section 274(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)) is amended— 
(1) in paragraph (2), by striking ‘‘brings to or 
attempts to’’ and inserting the following: ‘‘brings to 
or attempts or conspires to’’; and 
(2) by adding at the end the following: 
‘‘(5) In the case of a person who has brought 
aliens into the United States in violation of this sub-
section, the sentence otherwise provided for may be 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(b) AIDING
OR ASSISTING CERTAIN ALIENS TO 
ENTER THE UNITED STATES.—Section 277 of the Immi-
gration and Nationality Act (8 U.S.C. 1327) is amend-
ed— 
(1) by inserting after ‘‘knowingly aids or as-
sists’’ the following: ‘‘or attempts to aid or assist’’; 
and 
(2) by adding at the end the following: ‘‘In the 
case of a person convicted of an offense under this 
section, the sentence otherwise provided for may be 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
151 
increased by up to 10 years if that person, at the 
time of the offense, used or carried a firearm or 
who, in furtherance of any such crime, possessed a 
firearm.’’. 
(c) DESTRUCTION OF UNITED STATES BORDER CON-
TROLS.—Section 1361 of title 18, United States Code, is 
amended— 
(1) by striking ‘‘If the damage’’ and inserting 
the following: 
‘‘(1) Except as otherwise provided in this sec-
tion, if the damage’’; and 
(2) by adding at the end the following: 
‘‘(2) If the injury or depredation was made or 
attempted against any fence, barrier, sensor, cam-
era, or other physical or electronic device deployed 
by the Federal Government to control the border or 
a port of entry or otherwise was intended to con-
struct, excavate, or make any structure intended to 
defeat, circumvent, or evade any such fence, barrier, 
sensor camera, or other physical or electronic device 
deployed by the Federal Government to control the 
border or a port of entry, by a fine under this title 
or imprisonment for not more than 15 years, or 
both. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
152 
‘‘(3) If the injury or depredation was described 
under paragraph (2) and, in the commission of the 
offense, the offender used or carried a firearm or, in 
furtherance of any such offense, possessed a firearm, 
by a fine under this title or imprisonment for not 
more than 20 years, or both.’’. 
TITLE V—BORDER SECURITY 
FUNDING 
SEC. 5101. BORDER SECURITY FUNDING. 
(a) FUNDING.—In addition to amounts otherwise 
made available by this Act or any other provision of law, 
there is hereby appropriated to the ‘‘U.S. Customs and 
Border Protection—Procurement, Construction, and Im-
provements’’ account, out of any amounts in the Treasury 
not otherwise appropriated, $23,400,000,000, to be avail-
able as described in subsections (b) and (c), of which— 
(1) $16,625,000,000 shall be for a border wall 
system along the southern border of the United 
States, including physical barriers and associated de-
tection technology, roads, and lighting; and 
(2) $6,775,000,000 shall be for infrastructure, 
assets, operations, and technology to enhance border 
security along the southern border of the United 
States, including— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
153 
(A) border security technology, including 
surveillance technology, at and between ports of 
entry; 
(B) new roads and improvements to exist-
ing roads; 
(C) U.S. Border Patrol facilities and ports 
of entry; 
(D) aircraft, aircraft-based sensors and as-
sociated technology, vessels, spare parts, and 
equipment to maintain such assets; 
(E) a biometric entry and exit system; and 
(F) family residential centers. 
(b) AVAILABILITY
OF
BORDER
WALL
SYSTEM 
FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(1)— 
(A) $2,241,000,000 shall become available 
October 1, 2018; 
(B) $1,808,000,000 shall become available 
October 1, 2019; 
(C) $1,715,000,000 shall become available 
October 1, 2020; 
(D) $2,140,000,000 shall become available 
October 1, 2021; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
154 
(E) $1,735,000,000 shall become available 
October 1, 2022; 
(F) $1,746,000,000 shall become available 
October 1, 2023; 
(G) $1,776,000,000 shall become available 
October 1, 2024; 
(H) $1,746,000,000 shall become available 
October 1, 2025; and 
(I) $1,718,000,000 shall become available 
October 1, 2026. 
(2) PERIOD
OF
AVAILABILITY.—An amount 
made available under subparagraph (A), (B), (C), 
(D), (E), (F), (G), (H), or (I) of paragraph (1) shall 
remain available for five years after the date speci-
fied in that subparagraph. 
(c) AVAILABILITY OF BORDER SECURITY INVEST-
MENT FUNDS.— 
(1) IN GENERAL.—Of the amount appropriated 
in subsection (a)(2)— 
(A) $500,000,000 shall become available 
October 1, 2018; 
(B) $1,850,000,000 shall become available 
October 1, 2019; 
(C) $1,950,000,000 shall become available 
October 1, 2020; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
155 
(D) $1,925,000,000 shall become available 
October 1, 2021; and 
(E) $550,000,000 shall become available 
October 1, 2022. 
(2) PERIOD
OF
AVAILABILITY.—An amount 
made available under subparagraph (A), (B), (C), 
(D), or (E) of paragraph (1) shall remain available 
for five years after the date specified in that sub-
paragraph. 
(3) TRANSFER AUTHORITY.— 
(A) IN
GENERAL.—Notwithstanding any 
limitation on transfer authority in any other 
provision of law and subject to the notification 
requirement in subparagraph (B), the Secretary 
of Homeland Security may transfer any 
amounts made available under paragraph (1) to 
the ‘‘U.S. Customs and Border Protection—Op-
erations and Support’’ account only to the ex-
tent necessary to carry out the purposes de-
scribed in subsection (a)(2). 
(B) NOTIFICATION REQUIRED.—The Sec-
retary shall notify the Committees on Appro-
priations of the Senate and the House of Rep-
resentatives not later than 30 days before each 
such transfer. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
156 
(d) MULTI-YEAR SPENDING PLAN.—The Secretary 
of Homeland Security shall include in the budget justifica-
tion materials submitted in support of the President’s an-
nual budget request for fiscal year 2020 (as submitted 
under section 1105(a) of title 31, United States Code) a 
multi-year spending plan for the amounts made available 
under subsection (a). 
(e) EXPENDITURE PLAN.—Each amount that be-
comes available in accordance with subsection (b) or (c) 
may not be obligated until the date that is 30 days after 
the date on which the Committees on Appropriations of 
the Senate and the House of Representatives receive a de-
tailed plan, prepared by the Commissioner of U.S. Cus-
toms and Border Protection, for the expenditure of such 
amount. 
(f) QUARTERLY BRIEFING REQUIREMENT.—Begin-
ning not later than 180 days after the date of the enact-
ment of this Act, and quarterly thereafter, the Commis-
sioner of U.S. Customs and Border Protection shall brief 
the Committees on Appropriations of the Senate and the 
House of Representatives regarding activities under and 
progress made in carrying out this section. 
(g) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the availability of funds 
made available by any other provision of law for carrying 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
157 
out the requirements of this Act or the amendments made 
by this Act. Any reference in this section to an appropria-
tion account shall be construed to include any successor 
accounts. 
(h) DISCRETIONARY
AMOUNTS.—Notwithstanding 
any other provision of law, the amounts appropriated 
under subsection (a) are discretionary appropriations (as 
that term is defined in section 250(c)(7) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (2 
U.S.C. 900(c)(7)). 
SEC. 5102. LIMITATION ON ADJUSTMENT OF STATUS. 
If any amount under section 5101 is rescinded or 
transferred to another account for use beyond the pur-
poses specified in such section— 
(1) a contingent nonimmigrant (as such term is 
defined in section 1101 of division B) may not be 
provided with an immigrant visa or adjust status to 
that of a lawful permanent resident under this Act, 
the Immigration and Nationality Act, or the immi-
gration laws (as such term is defined in section 101 
of the Immigration and Nationality Act (8 U.S.C. 
1101); and 
(2) beginning on October 1, 2019, an alien de-
scribed in paragraph (2) of section 203(c) of the Im-
migration and Nationality Act (8 U.S.C. 1153(c)(2)) 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
158 
may not be provided with an immigrant visa or ad-
just status to that of a lawful permanent resident 
under such section. 
SEC. 5103. EXCLUSION FROM PAYGO SCORECARDS. 
The budgetary effects of this Act shall not be entered 
on either PAYGO scorecard maintained pursuant to sec-
tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
DIVISION B—IMMIGRATION 
REFORM 
TITLE I—LAWFUL STATUS FOR 
CERTAIN CHILDHOOD ARRIVALS 
SEC. 1101. DEFINITIONS. 
In this division: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, the terms used in this division have 
the meanings given such terms in subsections (a) 
and (b) of section 101 of the Immigration and Na-
tionality Act (8 U.S.C. 1101). 
(2) CONTINGENT
NONIMMIGRANT.—The term 
‘‘contingent nonimmigrant’’ means an alien who is 
granted nonimmigrant status under this division. 
(3) EDUCATIONAL
INSTITUTION.—The term 
‘‘educational institution’’ means— 
(A) an institution that is described in sec-
tion 102(a)(1) of the Higher Education Act of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
159 
1965 (20 U.S.C. 1002(a)(1)) except an institu-
tion described in subparagraph (C) of such sec-
tion; 
(B) an elementary, primary, or secondary 
school within the United States; or 
(C) an educational program assisting stu-
dents either in obtaining a high school equiva-
lency diploma, certificate, or its recognized 
equivalent under State law, or in passing a 
General Educational Development exam or 
other equivalent State-authorized exam or other 
applicable State requirements for high school 
equivalency. 
(4) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(5) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ means— 
(A) conduct constituting a criminal offense 
of rape, as described in section 101(a)(43)(A) 
of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(43)(A)), or conduct punishable 
under section 2241 (relating to aggravated sex-
ual abuse), section 2242 (relating to sexual 
abuse), or section 2243 (relating to sexual 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
160 
abuse of a minor or ward) of title 18, United 
States Code; 
(B) conduct constituting a criminal offense 
of statutory rape, or any offense of a sexual na-
ture involving a victim under the age of 18 
years, as described in section 101(a)(43)(A) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(43)(A)); 
(C) conduct punishable under section 2251 
or 2251A (relating to the sexual exploitation of 
children and the selling or buying of children), 
or section 2252 or 2252A (relating to certain 
activities relating to material involving the sex-
ual exploitation of minors or relating to mate-
rial constituting or containing child pornog-
raphy) of title 18, United States Code; or 
(D) conduct constituting the elements of 
any other Federal or State sexual offense re-
quiring a defendant, if convicted, to register on 
a sexual offender registry (except that this pro-
vision shall not apply to convictions solely for 
urinating or defecating in public). 
(6) VICTIM.—The term ‘‘victim’’ has the mean-
ing given the term in section 503(e) of the Victims’ 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
161 
Rights and Restitution Act of 1990 (42 U.S.C. 
10607(e)). 
SEC. 1102. CONTINGENT NONIMMIGRANT STATUS ELIGI-
BILITY AND APPLICATION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary may grant contingent non-
immigrant status to an alien who— 
(1) meets the eligibility requirements set forth 
in subsection (b); 
(2) submits a completed application before the 
end of the period set forth in subsection (c)(2); and 
(3) has paid the fees required under subsection 
(c)(5). 
(b) ELIGIBILITY REQUIREMENTS.— 
(1) IN GENERAL.—An alien is eligible for con-
tingent nonimmigrant status if the alien establishes 
by clear and convincing evidence that the alien 
meets the requirements set forth in this subsection. 
(2) GENERAL
REQUIREMENTS.—The require-
ments under this paragraph are that the alien— 
(A) is physically present in the United 
States on the date on which the alien submits 
an application for contingent nonimmigrant sta-
tus; 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
162 
(B) was physically present in the United 
States on June 15, 2007; 
(C) was younger than 16 years of age on 
the date the alien initially entered the United 
States; 
(D) is a person of good moral character; 
(E) was under 31 years of age on June 15, 
2012; 
(F) has maintained continuous physical 
presence in the United States from June 15, 
2012, until the date on which the alien is grant-
ed contingent nonimmigrant status under this 
section; 
(G) had no lawful immigration status on 
June 15, 2012; and 
(H) has requested the release to the De-
partment of Homeland Security of all records 
regarding their being adjudicated delinquent in 
State or local juvenile court proceedings, and 
the Department has obtained all such records. 
(3) EDUCATION REQUIREMENT.— 
(A) IN GENERAL.—An alien may not be 
granted contingent nonimmigrant status under 
this section unless the alien establishes by clear 
and convincing evidence that the alien— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
163 
(i) is enrolled in, and is in regular 
full-time attendance at, an educational in-
stitution within the United States; or 
(ii) has acquired a diploma or degree 
from a high school in the United States or 
the equivalent of such a diploma as recog-
nized under State law (such as a general 
equivalency diploma, certificate of comple-
tion, or certificate of attendance). 
(B) EVIDENCE.—An alien shall dem-
onstrate compliance with clause (i) or (ii) of 
subparagraph (A) by providing a valid certified 
transcript or diploma from the educational in-
stitution the alien is enrolled in or from which 
the alien has acquired a diploma or certificate. 
(C) DISABILITY
WAIVER.—Subparagraph 
(A) shall not apply in the case of an alien if the 
Secretary determines on a case by case basis 
that the alien is unable because of a physical or 
developmental disability or mental impairment 
to meet the requirement of such subparagraph. 
(4) GROUNDS FOR INELIGIBILITY.—An alien is 
ineligible for contingent nonimmigrant status if the 
Secretary determines that the alien— 
(A) has a conviction for— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
164 
(i) an offense classified as a felony in 
the convicting jurisdiction; 
(ii) an aggravated felony (except that 
in applying such term for purposes of this 
paragraph, subparagraph (N) of section 
101(a)(43) does not apply); 
(iii) an offense classified as a mis-
demeanor in the convicting jurisdiction 
which involved— 
(I) domestic violence (as such 
term is defined in section 40002(a) of 
the Violence Against Women Act of 
1994 (34 U.S.C. 12291(a))); 
(II) child abuse or neglect (as 
such term is defined in section 
40002(a) of the Violence Against 
Women Act of 1994 (34 U.S.C. 
12291(a))); 
(III) assault resulting in bodily 
injury (as such term is defined in sec-
tion 2266 of title 18, United States 
Code); or 
(IV) the violation of a protection 
order (as such term is defined in sec-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
165 
tion 2266 of title 18, United States 
Code); 
(iv) one or more offenses classified as 
a misdemeanor in the convicting jurisdic-
tion which involved driving while intoxi-
cated or driving under the influence (as 
such 
terms 
are 
defined 
in 
section 
164(a)(2) of title 23, United States Code); 
(v) two or more misdemeanors (ex-
cluding minor traffic offenses that did not 
involve driving while intoxicated or driving 
under the influence, or that did not subject 
any individual other than the alien to bod-
ily injury); or 
(vi) any offense under foreign law, ex-
cept for a purely political offense, which, if 
the offense had been committed in the 
United States, would render the alien inad-
missible under section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 
1182(a)) or deportable under section 
237(a) of such Act (8 U.S.C. 1227(a)); 
(B) has been adjudicated delinquent in a 
State or local juvenile court proceeding for an 
offense equivalent to— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
166 
(i) an offense relating to murder, 
manslaughter, homicide, rape (whether the 
victim was conscious or unconscious), stat-
utory rape, or any offense of a sexual na-
ture involving a victim under the age of 18 
years, 
as 
described 
in 
section 
101(a)(43)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(43)(A)); 
(ii) a crime of violence, as such term 
is defined in section 16 of title 18, United 
States Code; or 
(iii) an offense punishable under sec-
tion 401 of the Controlled Substances Act 
(21 U.S.C. 841); 
(C) has a conviction for any other criminal 
offense, with regard to which the alien has not 
satisfied any requirement to pay restitution or 
any civil legal judgements awarded to any vic-
tims (or family members of victims) of the 
crime; 
(D) is described in section 212(a)(2)(N) of 
the Immigration and Nationality Act (8 U.S.C. 
1882(a)(2)) (relating to aliens associated with 
criminal gangs); 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
167 
(E) is inadmissible under section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)), except that in determining an alien’s 
inadmissibility, 
paragraphs 
(5)(A), 
(6)(A), 
(6)(D), (6)(G), (7), (9)(B), and (9)(C)(i)(I) of 
such section shall not apply; 
(F) is deportable under section 237(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1227(a)), except that in determining an alien’s 
deportability— 
(i) 
subparagraph 
(A) 
of 
section 
237(a)(1) of such Act shall not apply with 
respect to grounds of inadmissibility that 
do not apply pursuant to subparagraph (C) 
of such section; and 
(ii) subparagraphs (B) through (D) of 
section 237(a)(1) and section 237(a)(3)(A) 
of such Act shall not apply; 
(G) was, on the date of the enactment of 
this Act— 
(i) an alien lawfully admitted for per-
manent residence; 
(ii) an alien admitted as a refugee 
under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157), or grant-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
168 
ed asylum under section 208 of the Immi-
gration and Nationality Act (8 U.S.C. 
1157 and 1158); or 
(iii) an alien who, according to the 
records of the Secretary or the Secretary 
of State, is lawfully present in the United 
States in any nonimmigrant status, not-
withstanding any unauthorized employ-
ment or other violation of nonimmigrant 
status; 
(H) has failed to comply with the require-
ments of any removal order or voluntary depar-
ture agreement; 
(I) has been ordered removed in absentia 
pursuant to section 240(b)(5)(A) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1229a(b)(5)(A)), unless the case has been re-
opened; 
(J) if over the age of 18, has failed to 
demonstrate that he or she is able to maintain 
himself or herself at an annual income that is 
not less than 125 percent of the Federal pov-
erty level throughout the period of admission as 
a contingent nonimmigrant, unless the alien has 
demonstrated that the alien is enrolled in, and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
169 
is in regular full-time attendance at, an edu-
cational institution within the United States, 
except that the requirement under this subpara-
graph shall not apply in the case of an alien if 
the Secretary determines on a case by case 
basis that the alien— 
(i) is unable because of a physical or 
developmental disability or mental impair-
ment to meet the requirement of such sub-
paragraph; or 
(ii) is the primary caregiver of— 
(I) a child under 18 years of age; 
or 
(II) a child 18 years of age or 
over, spouse, parent, grandparent, or 
sibling, who is incapable of self-care 
because of a mental or physical dis-
ability or who has a serious injury or 
illness (as such term is defined in sec-
tion 101(18) of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 
2611(18))); 
(K) has not attested that such alien is not 
delinquent with respect to any Federal, State, 
or local income or property tax liability, and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
170 
has not attested that such alien does not have 
income that would result in tax liability under 
section 1 of the Internal Revenue Code of 1986 
and that was not reported to the Internal Rev-
enue Service; or 
(L) has at any time been convicted of sex-
ual assault. 
(5) TREATMENT OF CERTAIN BREAKS IN PRES-
ENCE.—For purposes of paragraph (2), any period 
of travel outside the United States by an alien that 
was authorized by the Secretary may not be consid-
ered to interrupt any period of continuous physical 
presence. 
(c) APPLICATION PROCEDURES.— 
(1) IN GENERAL.—An alien may apply for con-
tingent nonimmigrant status by submitting a com-
pleted application form via electronic filing to the 
Secretary during the application period set forth in 
paragraph (2), in accordance with the interim final 
rule made by the Secretary under section 1107. 
(2) APPLICATION PERIOD.—The Secretary may 
only 
accept 
applications 
for 
contingent 
non-
immigrant status from aliens in the United States 
during the 1-year period beginning on the date on 
which the interim final rule is published in the Fed-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
171 
eral Register pursuant to section 1107, except that 
the Secretary may extend such period for not more 
than one 90-day period. 
(3) APPLICATION FORM.— 
(A) REQUIRED INFORMATION.—The appli-
cation form referred to in paragraph (1) shall 
collect such information as the Secretary deter-
mines to be necessary and appropriate in order 
to determine whether an alien meets the eligi-
bility requirements set forth in subsection (b). 
The Secretary shall by rule require applicants 
to provide substantiating information necessary 
to evaluate the attestation of the alien relevant 
to the grounds of ineligibility under subsection 
(b)(4)(K), including, as applicable, tax returns 
and return information available to the appli-
cant under section 6103(e) of the Internal Rev-
enue Code of 1986 (26 U.S.C. 6103(e)), evi-
dence of tax refunds, and receipts of taxes paid. 
(B) INTERVIEW.—The Secretary may con-
duct an in-person interview of each applicant 
for contingent nonimmigrant status under this 
section as part of the determination as to 
whether the alien meets the eligibility require-
ments set forth in subsection (b). 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
172 
(4) DOCUMENTARY REQUIREMENTS.—An appli-
cation filed by an alien under this section shall in-
clude the following: 
(A) One or more of the following docu-
ments demonstrating the alien’s identity: 
(i) A passport (or national identity 
document) from the alien’s country of ori-
gin. 
(ii) A certified birth certificate along 
with photo identification. 
(iii) A State-issued identification card 
bearing the alien’s name and photograph. 
(iv) An Armed Forces identification 
card issued by the Department of Defense. 
(v) A Coast Guard identification card 
issued by the Department of Homeland Se-
curity. 
(vi) A document issued by the Depart-
ment of Homeland Security. 
(vii) A travel document issued by the 
Department of State. 
(B) A certified copy of the alien’s birth 
certificate or certified school transcript dem-
onstrating that the alien satisfies the require-
ment of subsection (b)(2)(C) and (E). 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
173 
(C) A certified school transcript dem-
onstrating that the alien satisfies the require-
ments of subsection (b)(3). 
(5) FEES.— 
(A) STANDARD PROCESSING FEE.— 
(i) IN GENERAL.—Aliens applying for 
contingent nonimmigrant status under this 
section shall pay a processing fee to the 
Department of Homeland Security in an 
amount determined by the Secretary. 
(ii) RECOVERY OF COSTS.—The proc-
essing fee authorized under clause (i) shall 
be set at a level that is, at a minimum, 
sufficient to recover the full costs of proc-
essing the application, including any costs 
incurred— 
(I) to adjudicate the application; 
(II) to take and process bio-
metrics; 
(III) to perform national security 
and criminal checks; 
(IV) to prevent and investigate 
fraud; and 
(V) to administer the collection 
of such fee. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
174 
(iii) DEPOSIT
AND
USE
OF
PROC-
ESSING FEES.—Fees collected under clause 
(i) shall be deposited into the Immigration 
Examinations Fee Account pursuant to 
section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)). 
(B) BORDER SECURITY FEE.— 
(i) IN GENERAL.—Aliens applying for 
contingent nonimmigrant status under this 
section shall pay a one-time border security 
fee to the Department of Homeland Secu-
rity in an amount of $1,000, which may be 
paid in installments. 
(ii) 
USE
OF
BORDER
SECURITY 
FEES.—Fees collected under clause (i) 
shall be available, to the extent provided in 
advance in appropriation Acts, to the Sec-
retary of Homeland Security for the pur-
poses of carrying out division A, and the 
amendments made by that division. 
(6) ALIENS APPREHENDED BEFORE OR DURING 
THE APPLICATION PERIOD.—If an alien who is ap-
prehended during the period beginning on the date 
of the enactment of this Act and ending on the last 
day of the application period described in paragraph 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
175 
(2) appears prima facie eligible for contingent non-
immigrant status, to the satisfaction of the Sec-
retary, the Secretary— 
(A) shall provide the alien with a reason-
able opportunity to file an application under 
this section during such application period; and 
(B) may not remove the individual until 
the Secretary has denied the application, unless 
the Secretary, in the Secretary’s sole and 
unreviewable discretion, determines that expedi-
tious removal of the alien is in the national se-
curity, public safety, or foreign policy interests 
of the United States, or the Secretary will be 
required for constitutional reasons or court 
order to release the alien from detention. 
(7) SUSPENSION OF REMOVAL DURING APPLI-
CATION PERIOD.— 
(A) ALIENS IN REMOVAL PROCEEDINGS.— 
Notwithstanding any other provision of this di-
vision, if the Secretary determines that an 
alien, during the period beginning on the date 
of the enactment of this Act and ending on the 
last day of the application period described in 
subsection (c)(2), is in removal, deportation, or 
exclusion proceedings before the Executive Of-
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
176 
fice for Immigration Review and is prima facie 
eligible for contingent nonimmigrant status 
under this section— 
(i) the Secretary shall provide the 
alien with the opportunity to file an appli-
cation for such status; and 
(ii) upon motion by the alien and with 
the consent of the Secretary, the Executive 
Office for Immigration Review shall— 
(I) provide the alien a reasonable 
opportunity to apply for such status; 
and 
(II) if the alien applies within the 
time frame provided, suspend such 
proceedings until the Secretary has 
made a determination on the applica-
tion. 
(B) ALIENS
ORDERED
REMOVED.—If an 
alien who meets the eligibility requirements set 
forth in subsection (b) is present in the United 
States and has been ordered excluded, deported, 
or removed, or ordered to depart voluntarily 
from the United States pursuant to section 
212(a)(6)(A)(i) or 237(a)(1)(B) or (C) of the 
Immigration and Nationality Act (8 U.S.C. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
177 
1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the 
Secretary shall provide the alien with the oppor-
tunity to file an application for contingent non-
immigrant status provided that the alien has 
not failed to comply with any order issued pur-
suant to section 239 or 240B of the Immigra-
tion and Nationality Act (8 U.S.C. 1229, 
1229c). 
(C) PERIOD
PENDING
ADJUDICATION
OF 
APPLICATION.—During the period beginning on 
the date on which an alien applies for contin-
gent nonimmigrant status under subsection (c) 
and ending on the date on which the Secretary 
makes a determination regarding such applica-
tion, an otherwise removable alien may not be 
removed from the United States unless— 
(i) the Secretary makes a prima facie 
determination that such alien is, or has be-
come, 
ineligible 
for 
contingent 
non-
immigrant status under subsection (b); or 
(ii) the Secretary, in the Secretary’s 
sole and unreviewable discretion, deter-
mines that removal of the alien is in the 
national security, public safety, or foreign 
policy interest of the United States. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
178 
(8) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCES.— 
(A) BIOMETRIC AND BIOGRAPHIC DATA.— 
The Secretary may not grant contingent non-
immigrant status to an alien under this section 
unless such alien submits biometric and bio-
graphic data in accordance with procedures es-
tablished by the Secretary. 
(B) 
ALTERNATIVE
PROCEDURES.—The 
Secretary may provide an alternative procedure 
for applicants who cannot provide the biometric 
data required under subparagraph (A) due to a 
physical impairment. 
(C) CLEARANCES.— 
(i) DATA
COLLECTION.—The Sec-
retary shall collect, from each alien apply-
ing for status under this section, biometric, 
biographic, and other data that the Sec-
retary determines to be appropriate— 
(I) to conduct national security 
and law enforcement checks; and 
(II) to determine whether there 
are any factors that would render an 
alien ineligible for such status. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
179 
(ii) ADDITIONAL
SECURITY
SCREEN-
ING.—The Secretary, in consultation with 
the Secretary of State and the heads of 
other agencies as appropriate, shall con-
duct an additional security screening upon 
determining, in the Secretary’s opinion 
based upon information related to national 
security, that an alien is or was a citizen 
or resident of a region or country known to 
pose a threat, or that contains groups or 
organizations that pose a threat, to the na-
tional security of the United States. 
(iii) PREREQUISITE.—The required 
clearances and screenings described in 
clauses (i)(I) and (ii) shall be completed 
before the alien may be granted contingent 
nonimmigrant status. 
(9) CONFIDENTIALITY OF INFORMATION.—No 
information provided in a nonfraudulent application 
for contingent nonimmigrant status which is related 
to the immigration status of the parent of an appli-
cant for such status, which is not otherwise available 
to the Secretary of Homeland Security, may be used 
for the purpose of initiating or proceeding with re-
moval proceedings with respect to such a parent. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
180 
(d) WORK AUTHORIZATION RENEWALS.—Beginning 
on the date of the enactment of this Act and ending on 
the date on which an alien’s application for contingent 
nonimmigrant status has been finally adjudicated, the 
Secretary shall, upon the application of an alien— 
(1) renew the employment authorization for an 
alien who possesses an Employment Authorization 
Document that was valid on the date of the enact-
ment of this Act, and that was issued pursuant to 
the June 15, 2012, U.S. Department of Homeland 
Security Memorandum entitled, ‘‘Exercising Pros-
ecutorial Discretion With Respect to Individuals 
Who Came to the United States as Children’’ who 
demonstrates economic necessity; and 
(2) grant employment authorization to an alien 
who appears prima facie eligible for contingent non-
immigrant status, who attains the age of 15 after 
the date of the enactment of this Act, and who dem-
onstrates economic necessity. 
SEC. 1103. TERMS AND CONDITIONS OF CONDITIONAL NON-
IMMIGRANT STATUS. 
(a) DURATION OF STATUS AND EXTENSION.—The 
initial period of contingent nonimmigrant status— 
(1) shall be 6 years unless revoked pursuant to 
subsection (d); and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
181 
(2) may be extended for additional 6-year terms 
if— 
(A) the alien remains eligible for contin-
gent nonimmigrant status under paragraphs 
(1), (2), and (4) of section 1102(b) (other than 
with regard to the requirement under para-
graph (4)(J) of such subsection); 
(B) the alien again passes background 
checks equivalent to the background checks de-
scribed in section 1102(c)(9); and 
(C) such status was not revoked by the 
Secretary for any reason. 
(b) TERMS AND CONDITIONS OF CONTINGENT NON-
IMMIGRANT STATUS.— 
(1) WORK
AUTHORIZATION.—The Secretary 
shall grant employment authorization to an alien 
granted contingent nonimmigrant status who dem-
onstrates economic necessity. 
(2) TRAVEL OUTSIDE THE UNITED STATES.— 
(A) IN GENERAL.—The status of a contin-
gent nonimmigrant who is absent from the 
United States without authorization shall be 
subject to revocation under subsection (d). 
(B) AUTHORIZATION.—The Secretary may 
authorize a contingent nonimmigrant to travel 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
182 
outside the United States and shall grant the 
contingent nonimmigrant reentry provided that 
the contingent nonimmigrant— 
(i) was not absent from the United 
States for a continuous period in excess of 
180 days during each 6-year period that 
the alien is in contingent nonimmigrant 
status, 
unless 
the 
contingent 
non-
immigrant’s failure to return was due to 
extenuating circumstances beyond the indi-
vidual’s control or as part of the alien’s ac-
tive duty service in the Armed Forces of 
the United States; and 
(ii) is otherwise admissible to the 
United States, except as provided in sec-
tion 1102(b)(4)(E). 
(C) STUDY
ABROAD.—For purposes of 
subparagraph (B)(i), in the case of a contingent 
nonimmigrant who was absent from the United 
States for participation in a study abroad pro-
gram offered by an institution of higher edu-
cation (as such term is defined in section 101 
of the Higher Education Act of 1965 (20 
U.S.C. 1001)), 60 of such days shall not be 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
183 
counted towards the period described in such 
subparagraph. 
(3) INELIGIBILITY
FOR
COVERAGE
THROUGH 
HEALTH
EXCHANGES.—In 
applying 
section 
1312(f)(3) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 18032(f)(3)), a contingent non-
immigrant shall not be treated as an individual who 
is, or is reasonably expected to be, a citizen or na-
tional of the United States or an alien lawfully 
present in the United States. 
(4) FEDERAL, STATE, AND LOCAL PUBLIC BEN-
EFITS.—For purposes of title IV of the Personal Re-
sponsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1601 et seq.), a contingent 
nonimmigrant shall not be considered a qualified 
alien under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(5) AUTHORIZATION
FOR
ENLISTMENT.—Sec-
tion 504(b)(1) of title 10, United States Code, is 
amended by adding at the end the following new 
subparagraph: 
‘‘(D) A contingent nonimmigrant (as such 
term is defined in section 1101 of division B of 
the Border Security and Immigration Reform 
Act of 2018).’’. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
184 
(c) REVOCATION.— 
(1) IN GENERAL.—The Secretary shall revoke 
the status of a contingent nonimmigrant at any time 
if the alien— 
(A) no longer meets the eligibility require-
ments set forth in section 1102(b)(2)(D), (3), 
(4)(A) through (D), (4)(E) through (I), and 
(4)(N); 
(B) knowingly uses documentation issued 
under this section for an unlawful or fraudulent 
purpose; or 
(C) was absent from the United States at 
any time without authorization after being 
granted contingent nonimmigrant status. 
(2) ADDITIONAL
EVIDENCE.—In determining 
whether to revoke an alien’s status under paragraph 
(1), the Secretary may require the alien— 
(A) to submit additional evidence; or 
(B) to appear for an in-person interview. 
(3) INVALIDATION OF DOCUMENTATION.—If an 
alien’s contingent nonimmigrant status is revoked 
under paragraph (1), any documentation issued by 
the Secretary to such alien under this section shall 
automatically be rendered invalid for any purpose 
except for departure from the United States. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
185 
SEC. 1104. ADJUSTMENT OF STATUS. 
Beginning on the date that is 5 years after an alien 
becomes a contingent nonimmigrant, if that alien retains 
status as a contingent nonimmigrant, then in applying 
section 245 of the Immigration and Nationality Act (8 
U.S.C. 1255(a)) to the alien— 
(1) such alien shall be deemed to have been in-
spected and admitted into the United States; and 
(2) in determining the alien’s admissibility as 
an immigrant, paragraphs (5)(A), (6)(A), (6)(D), 
(6)(G), (7), (9)(B), and (9)(C)(i)(I) of section 
212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) shall not apply. 
SEC. 1105. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) EXCLUSIVE ADMINISTRATIVE REVIEW.—Admin-
istrative review of a determination of an application for 
status, extension of status, or revocation of status under 
this division shall be conducted solely in accordance with 
this section. 
(b) ADMINISTRATIVE APPELLATE REVIEW.— 
(1) ESTABLISHMENT OF ADMINISTRATIVE AP-
PELLATE AUTHORITY.—The Secretary shall estab-
lish or designate an appellate authority to provide 
for a single level of administrative appellate review 
of a determination with respect to applications for 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
186 
status, extension of status, or revocation of status 
under this division. 
(2) SINGLE
APPEAL
FOR
EACH
ADMINISTRA-
TIVE DECISION.— 
(A) IN GENERAL.—An alien in the United 
States whose application for status under this 
division has been denied or revoked may file 
with the Secretary not more than 1 appeal, pur-
suant to this subsection, of each decision to 
deny or revoke such status. 
(B) NOTICE OF APPEAL.—A notice of ap-
peal filed under this subparagraph shall be filed 
not later than 30 calendar days after the date 
of service of the decision of denial or revocation. 
(3) RECORD FOR REVIEW.—Administrative ap-
pellate review under this subsection shall be de novo 
and based only on— 
(A) the administrative record established 
at the time of the determination on the applica-
tion; and 
(B) any additional newly discovered or pre-
viously unavailable evidence. 
(c) JUDICIAL REVIEW.— 
(1) APPLICABLE PROVISIONS.—Judicial review 
of an administratively final denial or revocation of, 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
187 
or failure to extend, an application for status under 
this division shall be governed only by chapter 158 
of title 28, except as provided in paragraphs (2) and 
(3) of this subsection, and except that a court may 
not order the taking of additional evidence under 
section 2347(c) of such chapter. 
(2) SINGLE
APPEAL
FOR
EACH
ADMINISTRA-
TIVE
DECISION.—An alien in the United States 
whose application for status under this division has 
been denied, revoked, or failed to be extended, may 
file not more than 1 appeal, pursuant to this sub-
section, of each decision to deny or revoke such sta-
tus. 
(3) LIMITATION ON CIVIL ACTIONS.— 
(A) CLASS ACTIONS.—No court may cer-
tify a class under Rule 23 of the Federal Rules 
of Civil Procedure in any civil action filed after 
the date of the enactment of this Act pertaining 
to the administration or enforcement of the ap-
plication for status under this division. 
(B) 
REQUIREMENTS
FOR
AN
ORDER 
GRANTING PROSPECTIVE RELIEF AGAINST THE 
GOVERNMENT.—If a court determines that pro-
spective relief should be ordered against the 
Government in any civil action pertaining to the 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
188 
administration or enforcement of the applica-
tion for status under this division, the court 
shall— 
(i) limit the relief to the minimum 
necessary to correct the violation of law; 
(ii) adopt the least intrusive means to 
correct the violation of law; 
(iii) minimize, to the greatest extent 
practicable, the adverse impact on national 
security, border security, immigration ad-
ministration and enforcement, and public 
safety; 
(iv) provide for the expiration of the 
relief on a specific date, which allows for 
the minimum practical time needed to rem-
edy the violation; and 
(v) limit the relief to the case at issue 
and shall not extend any prospective relief 
to include any other application for status 
under this division pending before the Sec-
retary or in a Federal court (whether in 
the same or another jurisdiction). 
SEC. 1106. PENALTIES AND SIGNATURE REQUIREMENTS. 
(a) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.—Whoever files an initial or renewal application 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
189 
for contingent nonimmigrant status under this division 
and knowingly and willfully falsifies, misrepresents, con-
ceals, or covers up a material fact or makes any false, ficti-
tious, or fraudulent statements or representations, or 
makes or uses any false writing or document knowing the 
same to contain any false, fictitious, or fraudulent state-
ment or entry, shall be fined in accordance with title 18, 
United States Code, or imprisoned not more than 5 years, 
or both. 
(b) SIGNATURE
REQUIREMENTS.—An applicant 
under this division shall sign their application, and the sig-
nature shall be an original signature, including an elec-
tronically submitted signature. A parent or legal guardian 
may sign for a child or for an applicant whose physical 
or developmental disability or mental impairment prevents 
the applicant from being competent to sign. In such a 
case, the filing shall include evidence of parentage or legal 
guardianship. 
SEC. 1107. RULEMAKING. 
Not later than June 1, 2019, the Secretary shall 
make interim final rules to implement this title. 
SEC. 1108. STATUTORY CONSTRUCTION. 
Except as specifically provided, nothing in this divi-
sion may be construed to create any substantive or proce-
dural right or benefit that is legally enforceable by any 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
190 
party against the United States or its agencies or officers 
or any other person. 
SEC. 1109. ADDITION OF DEFINITION. 
Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end 
the following: 
‘‘(54) The term ‘contingent nonimmigrant’ has 
the meaning given that term in section 1101(b)(2) 
of division B of the Border Security and Immigra-
tion Reform Act of 2018.’’. 
TITLE II—IMMIGRANT VISA 
ALLOCATIONS AND PRIORITIES 
SEC. 2101. ELIMINATION OF DIVERSITY VISA PROGRAM. 
(a) IN GENERAL.—Section 203 of the Immigration 
and Nationality Act (8 U.S.C. 1153) is amended by strik-
ing subsection (c). 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended— 
(1) in section 201— 
(A) in subsection (a), by striking para-
graph (3); 
(B) by striking subsection (e); 
(2) in section 203— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
191 
(A) in subsection (b)(2)(B)(ii)(IV), by 
striking ‘‘section 203(b)(2)(B)’’ each place such 
term appears and inserting ‘‘clause (i)’’; 
(B) in subsection (d), by striking ‘‘sub-
section (a), (b), or (c)’’ and inserting ‘‘sub-
section (a) or (b)’’; 
(C) in subsection (e), by striking para-
graph (2); 
(D) in subsection (f), by striking ‘‘sub-
section (a), (b), or (c) of this section’’ and in-
serting ‘‘subsection (a) or (b)’’; 
(E) in subsection (g), by striking ‘‘sub-
sections (a), (b), and (c)’’ and inserting ‘‘sub-
sections (a) and (b)’’; and 
(F) in subsection (h)(2)(B), by striking 
‘‘subsection (a), (b), or (c)’’ and inserting ‘‘sub-
section (a) or (b)’’; and 
(3) in section 204(a)(1), by striking subpara-
graph (I). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2019. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
192 
SEC. 2102. NUMERICAL LIMITATION TO ANY SINGLE FOR-
EIGN STATE. 
(a) IN GENERAL.—Section 202(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1152(a)(2)) is 
amended— 
(1) in the paragraph heading, by striking ‘‘AND 
EMPLOYMENT-BASED’’; 
(2) by striking ‘‘(3), (4), and (5),’’ and insert-
ing ‘‘(3) and (4),’’; 
(3) by striking ‘‘subsections (a) and (b) of sec-
tion 203’’ and inserting ‘‘section 203(a)’’; 
(4) by striking ‘‘7’’ and inserting ‘‘15’’; and 
(5) by striking ‘‘such subsections’’ and inserting 
‘‘such section’’. 
(b) CONFORMING AMENDMENTS.—Section 202 of the 
Immigration and Nationality Act (8 U.S.C. 1152) is 
amended— 
(1) in subsection (a)(3), by striking ‘‘both sub-
sections (a) and (b) of section 203’’ and inserting 
‘‘section 203(a)’’; 
(2) in subsection (a)(4), by striking subpara-
graph (D); 
(3) by striking subsection (a)(5); and 
(4) by amending subsection (e) to read as fol-
lows: 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
193 
‘‘(e) SPECIAL RULES FOR COUNTRIES AT CEILING.— 
If it is determined that the total number of immigrant 
visas made available under section 203(a) to natives of 
any single foreign state or dependent area will exceed the 
numerical limitation specified in subsection (a)(2) in any 
fiscal year, in determining the allotment of immigrant visa 
numbers to natives under section 203(a), visa numbers 
with respect to natives of that state or area shall be allo-
cated (to the extent practicable and otherwise consistent 
with this section and section 203) in a manner so that, 
except as provided in subsection (a)(4), the proportion of 
the visa numbers made available under each of paragraphs 
(1) and (2) of section 203(a) is equal to the ratio of the 
total number of visas made available under the respective 
paragraph to the total number of visas made available 
under section 203(a).’’. 
(c) COUNTRY-SPECIFIC OFFSET.—Section 2 of the 
Chinese Student Protection Act of 1992 (8 U.S.C. 1255 
note) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(e))’’ and inserting ‘‘subsection (d))’’; and 
(2) by striking subsection (d) and redesignating 
subsection (e) as subsection (d). 
(d) TRANSITION RULES FOR EMPLOYMENT-BASED 
IMMIGRANTS.— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
195 
area that was not one of the two states with the 
largest aggregate numbers of natives obtaining 
immigrant visas during fiscal year 2020 under 
such paragraphs. 
(2) PER-COUNTRY LEVELS.— 
(A) RESERVED
VISAS.—With respect to 
the visas reserved under each of subparagraphs 
(A) through (C) of paragraph (1), the number 
of such visas made available to natives of any 
single foreign state or dependent area in the ap-
propriate fiscal year may not exceed 25 percent 
(in the case of a single foreign state) or 2 per-
cent (in the case of a dependent area) of the 
total number of such visas. 
(B) UNRESERVED VISAS.—With respect to 
the immigrant visas made available under each 
of paragraphs (2) and (3) of section 203(b) of 
such Act (8 U.S.C. 1153(b)) and not reserved 
under paragraph (1), for each of fiscal years 
2019, 2020, and 2021, not more than 85 per-
cent shall be allotted to immigrants who are na-
tives of any single foreign state. 
(3) SPECIAL
RULE
TO
PREVENT
UNUSED 
VISAS.—If, with respect to fiscal year 2019, 2020, or 
2021, the operation of paragraphs (1) and (2) of 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
196 
this subsection would prevent the total number of 
immigrant visas made available under paragraph (2) 
or (3) of section 203(b) of such Act (8 U.S.C. 
1153(b)) from being issued, such visas may be 
issued during the remainder of such fiscal year with-
out regard to paragraphs (1) and (2) of this sub-
section. 
(4) 
RULES
FOR
CHARGEABILITY.—Section 
202(b) of such Act (8 U.S.C. 1152(b)) shall apply 
in determining the foreign state to which an alien is 
chargeable for purposes of this subsection. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if enacted on September 
30, 2018, and shall apply to fiscal years beginning with 
fiscal year 2019. 
SEC. 2103. FAMILY-SPONSORED IMMIGRATION PRIORITIES. 
(a) IN GENERAL.—Section 203(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1153(a)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(4)’’ and inserting ‘‘paragraph (2)’’; and 
(2) by striking paragraphs (3) and (4). 
(b) CONFORMING AMENDMENTS.— 
(1) PROCEDURE
FOR
GRANTING
IMMIGRANT 
STATUS.—Section 204 of such Act (8 U.S.C. 1154) 
is amended— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
197 
(A) in subsection (a)(1)— 
(i) in subparagraph (A)(i), by striking 
‘‘paragraph (1), (3), or (4)’’ and inserting 
‘‘paragraph (1)’’; 
(ii) in subparagraph (B)(i), by redes-
ignating the second subclause (I) as sub-
clause (II); and 
(iii) in subparagraph (D)(i)(I), by 
striking ‘‘paragraph (1), (2), or (3)’’ and 
inserting ‘‘paragraph (1) or (2)’’; and 
(B) in subsection (f)(1), by striking ‘‘, 
203(a)(1), or 203(a)(3)’’ and inserting ‘‘or 
203(a)(1)’’. 
(2) WAIVERS
OF
INADMISSIBILITY.—Section 
212 of such Act (8 U.S.C. 1182) is amended in sub-
section (d)(11), by striking ‘‘(other than paragraph 
(4) thereof)’’. 
(3) RULES FOR DETERMINING WHETHER CER-
TAIN ALIENS ARE IMMEDIATE RELATIVES.—Section 
201(f) of such Act (8 U.S.C. 1151(f)) is amended— 
(A) by striking paragraph (3); 
(B) by redesignating paragraph (4) as 
paragraph (3); and 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
198 
(C) in paragraph (3), as redesignated, by 
striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 
and (2)’’. 
(c) EFFECTIVE DATE; APPLICABILITY.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on October 1, 2019. 
(2) INVALIDITY
OF
CERTAIN
PETITIONS
AND 
APPLICATIONS.— 
(A) IN
GENERAL.—No person may file, 
and the Secretary of Homeland Security and 
the Secretary of State may not accept, adju-
dicate, or approve any petition under section 
204 of the Immigration and Nationality Act (8 
U.S.C. 1154) filed on or after the date of enact-
ment of this Act seeking classification of an 
alien under section 203(a)(3) or (4) of such Act 
(8 U.S.C. 1153(a)). Any application for adjust-
ment of status or an immigrant visa based on 
such a petition shall be invalid. 
(B) PENDING
PETITIONS.—Neither the 
Secretary of Homeland Security nor the Sec-
retary of State may adjudicate or approve any 
petition under section 204 of the Immigration 
and Nationality Act (8 U.S.C. 1154) pending 
as of the date of enactment of this Act seeking 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
199 
classification 
of 
an 
alien 
under 
section 
203(a)(3) or (4) of such Act (8 U.S.C. 
1153(a)). Any application for adjustment of 
status or an immigrant visa based on such a 
petition shall be invalid. 
(3) APPLICABILITY
TO
WAITLISTED
APPLI-
CANTS.—An alien with regard to whom a petition or 
application for status under paragraph (3) or (4) of 
section 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1153(a)), was approved prior to the 
date of the enactment of this Act, may be issued a 
visa pursuant to that paragraph subject to the avail-
ability of visas allocated to that category for fiscal 
year 2019. 
SEC. 2104. ALLOCATION OF IMMIGRANT VISAS FOR CONTIN-
GENT NONIMMIGRANTS AND CHILDREN OF 
CERTAIN NONIMMIGRANTS. 
(a) IN GENERAL.—Section 203 of the Immigration 
and Nationality Act (8 U.S.C. 1153), as amended by this 
title, is further amended— 
(1) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) 
ADJUSTMENT
FOR
CONTINGENT
NON-
IMMIGRANTS
AND
CHILDREN
OF
CERTAIN
NON-
IMMIGRANTS.— 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
200 
‘‘(1) IN GENERAL.—Aliens subject to the world-
wide level specified in section 201(e) for immigrants 
who shall be allotted visas in accordance with section 
204(a)(1)(I) are— 
‘‘(A) contingent nonimmigrants; and 
‘‘(B) aliens described in paragraph (2). 
‘‘(2) ALIENS DESCRIBED.—An alien described 
in this paragraph is an alien who— 
‘‘(A) is the son or daughter of an alien ad-
mitted under— 
‘‘(i) 
section 
101(a)(15)(E)(i) 
or 
(E)(ii); 
‘‘(ii) section 101(a)(15)(H)(i)(b); or 
‘‘(iii) section 101(a)(15)(L); 
‘‘(B) initially entered the United States 
aged less than 16 years as a dependent of the 
parent described in subparagraph (A) while the 
parent was in such status; 
‘‘(C) maintained— 
‘‘(i) lawful status for the 10-year pe-
riod prior to the date of the enactment of 
the Border Security and Immigration Re-
form Act of 2018; and 
‘‘(ii) continuous physical presence in 
the United States (except in accordance 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
201 
with the terms of the alien’s visa or lawful 
status) for the period described in clause 
(i); and 
‘‘(D) was not in an unlawful immigration 
status on the date on which the alien submits 
a petition for an immigrant visa under section 
204(a)(1)(I). 
‘‘(3) POINT SYSTEM.—An alien seeking to be 
classified as an immigrant under this subsection 
shall submit a petition, in such form and manner as 
the Secretary of Homeland Security may require, 
setting forth such information as the Secretary may 
require in order to make awards of points for that 
petitioner in each of the following categories: 
‘‘(A) EDUCATION.—A petitioner shall be 
awarded points for a single degree, equal to the 
highest point award of the following for which 
the petitioner is eligible: 
‘‘(i) 4 points for a diploma or degree 
from a foreign school that is comparable to 
a high school in the United States. 
‘‘(ii) 6 points for a diploma or degree 
from a high school in the United States, or 
the equivalent of such a diploma as recog-
nized under State law (such as a general 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
202 
equivalency diploma, certificate of comple-
tion, or certificate of attendance). 
‘‘(iii) 8 points for an associate’s de-
gree (or the equivalent) from a foreign in-
stitution that is comparable to an institu-
tion of higher education in the United 
States. 
‘‘(iv) 10 points for an associate’s de-
gree from an institution of higher edu-
cation in the United States. 
‘‘(v) 12 points for a bachelor’s degree 
(or the equivalent) from a foreign institu-
tion that is comparable to an institution of 
higher education in the United States. 
‘‘(vi) 15 points for a degree from for 
a recognized postsecondary credential (as 
defined in section 3 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 
3102), including a certificate of completion 
of an apprenticeship (including an appren-
ticeships registered under the Act of Au-
gust 16, 1937 (commonly known as the 
‘National Apprenticeship Act’; 50 Stat. 
664, chapter 663; 29 U.S.C. 50 et seq.)), 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
203 
except that such term does not include an 
associate’s or bachelor’s degree). 
‘‘(vii) 15 points for a bachelor’s de-
gree from an institution of higher edu-
cation in the United States. 
‘‘(viii) 15 points for a graduate or 
professional degree (or the equivalent) 
from a foreign institution that is com-
parable to an institution of higher edu-
cation in the United States. 
‘‘(ix) 17 points for a degree described 
in clause (v), which is in a field of science, 
technology, engineering, or mathematics. 
‘‘(x) 17 points for a graduate or pro-
fessional degree from an institution of 
higher education in the United States. 
‘‘(xi) 22 points for a degree described 
in clause (vii), which is in a field of 
science, technology, engineering, or mathe-
matics. 
‘‘(xii) 24 points for a degree described 
in clause (viii) or (x), which is in a field of 
science, technology, engineering, or mathe-
matics. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
204 
‘‘(xiii) 26 points for a doctoral degree 
(or the equivalent) from a foreign institu-
tion that is comparable to an institution of 
higher education in the United States. 
‘‘(xiv) 28 points for a doctoral degree 
from an institution of higher education in 
the United States. 
‘‘(xv) 30 points for a degree described 
in clause (x), which is in a field of science, 
technology, engineering, or mathematics 
from a covered institution. 
‘‘(xvi) 30 points for a doctorate of 
medicine (or the equivalent) from a foreign 
graduate medical school that is comparable 
to a graduate medical school at an institu-
tion of higher education in the United 
States. 
‘‘(xvii) 34 points for a degree de-
scribed in clause (xiii) or (xiv), which is in 
a field of science, technology, engineering, 
or mathematics. 
‘‘(xviii) 34 points for a doctorate of 
medicine from graduate medical school at 
an institution of higher education in the 
United States. 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS
205 
‘‘(xix) 40 points for a degree de-
scribed in clause (xiv), which is in a field 
of science, technology, engineering, or 
mathematics from a covered institution. 
‘‘(B) EMPLOYMENT.—A petitioner shall be 
awarded points for each 2-year period in which 
the petitioner is employed on a full-time basis, 
equal to 1⁄3 of the points awarded under sub-
paragraph (A) for the lowest degree that is re-
quired for any position held during such period. 
In the case of a position for which no degree is 
required, the position shall be considered to re-
quire a diploma or degree described in subpara-
graph (A)(ii). A single period of not more than 
2 weeks during which a petitioner is unem-
ployed, but is in receipt of a job offer, shall not 
be considered to interrupt a period of employ-
ment. 
‘‘(C) MILITARY
SERVICE.—A petitioner 
shall be awarded points for service in the 
Armed Forces equal to 30 points for any alien 
who served as a member of a regular or reserve 
component of the Armed Forces in an active 
duty status for not less than 3 years, and, if 
VerDate Sep 11 2014 
01:46 Jun 20, 2018
Jkt 079200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H6136.IH
H6136
lotter on DSKBCFDHB2PROD with BILLS