222 
‘‘(D) RELEASE ON CONDITIONS.—If it is 
determined that an alien should be released 
from detention by a Federal court, the Board of 
Immigration Appeals, or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, may impose conditions on 
release as provided in paragraph (3). 
‘‘(E) REDETENTION.—The Secretary of 
Homeland Security, in the exercise of the Sec-
retary’s discretion, without any limitations 
other than those specified in this section, may 
again detain any alien subject to a final re-
moval order who is released from custody, if re-
moval becomes likely in the reasonably foresee-
able future, the alien fails to comply with the 
conditions of release, or to continue to satisfy 
the conditions described in subparagraph (A), 
or if, upon reconsideration, the Secretary, in 
the Secretary’s sole discretion, determines that 
the alien can be detained under subparagraph 
(B). This section shall apply to any alien re-
turned to custody pursuant to this subpara-
graph, as if the removal period terminated on 
the day of the redetention. 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
223 
‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
under this paragraph shall not be subject to re-
view by any other agency.’’. 
SEC. 3310. TIMELY REPATRIATION. 
(a) LISTING OF COUNTRIES.—Beginning on the date 
that is 6 months after the date of the enactment of this 
Act, and every 6 months thereafter, the Secretary of 
Homeland Security shall publish a report including the 
following: 
(1) A list of the following: 
(A) Countries that have refused or unrea-
sonably delayed repatriation of an alien who is 
a national of that country since the date of the 
enactment of this Act and the total number of 
such aliens, disaggregated by nationality. 
(B) Countries that have an excessive repa-
triation failure rate. 
(2) A list of each country that was included 
under subparagraph (B) or (C) of paragraph (1) in 
both the report preceding the current report and the 
current report. 
(b) SANCTIONS.—Beginning on the date on which a 
country is included in a list under subsection (a)(2) and 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
224 
ending on the date on which that country is not included 
in such list, that country shall be subject to the following: 
(1) The Secretary of State may not issue visas 
under section 101(a)(15)(A)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) 
to attendants, servants, personal employees, and 
members of their immediate families, of the officials 
and employees of that country who receive non-
immigrant status under clause (i) or (ii) of section 
101(a)(15)(A) of such Act. 
(2) Each 6 months thereafter that the country 
is included in that list, the Secretary of State shall 
reduce the number of visas available under clause (i) 
or (ii) of section 101(a)(15)(A) of the Immigration 
and Nationality Act in a fiscal year to nationals of 
that country by an amount equal to 10 percent of 
the baseline visa number for that country. Except as 
provided under section 243(d) of the Immigration 
and Nationality Act (8 U.S.C. 1253), the Secretary 
may not reduce the number to a level below 20 per-
cent of the baseline visa number. 
(c) WAIVERS.— 
(1) NATIONAL SECURITY WAIVER.—If the Sec-
retary of State submits to Congress a written deter-
mination that significant national security interests 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
225 
of the United States require a waiver of the sanc-
tions under subsection (b), the Secretary may waive 
any reduction below 80 percent of the baseline visa 
number. The Secretary of Homeland Security may 
not delegate the authority under this subsection. 
(2) TEMPORARY EXIGENT CIRCUMSTANCES.—If 
the Secretary of State submits to Congress a written 
determination that temporary exigent circumstances 
require a waiver of the sanctions under subsection 
(b), the Secretary may waive any reduction below 80 
percent of the baseline visa number during 6-month 
renewable periods. The Secretary of Homeland Secu-
rity may not delegate the authority under this sub-
section. 
(d) EXEMPTION.—The Secretary of Homeland Secu-
rity, in consultation with the Secretary of State, may ex-
empt a country from inclusion in a list under subsection 
(a)(2) if the total number of nonrepatriations outstanding 
is less than 10 for the preceding 3-year period. 
(e) UNAUTHORIZED
VISA
ISSUANCE.—Any visa 
issued in violation of this section shall be void. 
(f) NOTICE.—If an alien who has been convicted of 
a criminal offense before a Federal or State court whose 
repatriation was refused or unreasonably delayed is to be 
released from detention by the Secretary of Homeland Se-
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
226 
curity, the Secretary shall provide notice to the State and 
local law enforcement agency for the jurisdictions in which 
the alien is required to report or is to be released. When 
possible, and particularly in the case of violent crime, the 
Secretary shall make a reasonable effort to provide notice 
of such release to any crime victims and their immediate 
family members. 
(g) DEFINITIONS.—For purposes of this section: 
(1) REFUSED OR UNREASONABLY DELAYED.— 
A country is deemed to have refused or unreasonably 
delayed the acceptance of an alien who is a citizen, 
subject, national, or resident of that country if, not 
later than 90 days after receiving a request to repa-
triate such alien from an official of the United 
States who is authorized to make such a request, the 
country does not accept the alien or issue valid trav-
el documents. 
(2) FAILURE RATE.—The term ‘‘failure rate’’ 
for a period means the percentage determined by di-
viding the total number of repatriation requests for 
aliens who are citizens, subjects, nationals, or resi-
dents of a country that that country refused or un-
reasonably delayed during that period by the total 
number of such requests during that period. 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
227 
(3) 
EXCESSIVE
REPATRIATION
FAILURE 
RATE.—The term ‘‘excessive repatriation failure 
rate’’ means, with respect to a report under sub-
section (a), a failure rate greater than 10 percent 
for any of the following: 
(A) The period of the 3 full fiscal years 
preceding the date of publication of the report. 
(B) The period of 1 year preceding the 
date of publication of the report. 
(4) NUMBER
OF
NONREPATRIATIONS
OUT-
STANDING.—The term ‘‘number of nonrepatriations 
outstanding’’ means, for a period, the number of 
unique aliens whose repatriation a country has re-
fused or unreasonably delayed and whose repatri-
ation has not occurred during that period. 
(5) BASELINE VISA NUMBER.—The term ‘‘base-
line visa number’’ means, with respect to a country, 
the average number of visas issued each fiscal year 
to nationals of that country under clauses (i) and 
(ii) of section 101(a)(15)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 
full fiscal years immediately preceding the first re-
port under subsection (a) in which that country is 
included in the list under subsection (a)(2). 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
228 
(h) GAO REPORT.—On the date that is 1 day after 
the date that the President submits a budget under sec-
tion 1105(a) of title 31, United States Code, for fiscal year 
2016, the Comptroller General of the United States shall 
submit a report to Congress regarding the progress of the 
Secretary of Homeland Security and the Secretary of 
State in implementation of this section and in making re-
quests to repatriate aliens as appropriate. 
SEC. 3311. ILLEGAL REENTRY. 
Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended to read as follows: 
‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 
‘‘(a) REENTRY AFTER REMOVAL.— 
‘‘(1) IN GENERAL.—Any alien who has been de-
nied admission, excluded, deported, or removed, or 
who has departed the United States while an order 
of exclusion, deportation, or removal is outstanding, 
and subsequently enters, attempts to enter, crosses 
the border to, attempts to cross the border to, or is 
at any time found in the United States, shall be 
fined under title 18, United States Code, imprisoned 
not more than 2 years, or both. 
‘‘(2) EXCEPTION.—If an alien sought and re-
ceived the express consent of the Secretary to re-
apply for admission into the United States, or, with 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
229 
respect to an alien previously denied admission and 
removed, the alien was not required to obtain such 
advance consent under the Immigration and Nation-
ality Act or any prior Act, the alien shall not be sub-
ject to the fine and imprisonment provided for in 
paragraph (1). 
‘‘(b) REENTRY
OF CRIMINAL OFFENDERS.—Not-
withstanding the penalty provided in subsection (a), if an 
alien described in that subsection was convicted before 
such removal or departure— 
‘‘(1) for 3 or more misdemeanors or for a fel-
ony, the alien shall be fined under title 18, United 
States Code, imprisoned not more than 10 years, or 
both; 
‘‘(2) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
30 months, the alien shall be fined under such title, 
imprisoned not more than 15 years, or both; 
‘‘(3) for a felony for which the alien was sen-
tenced to a term of imprisonment of not less than 
60 months, the alien shall be fined under such title, 
imprisoned not more than 20 years, or both; or 
‘‘(4) for murder, rape, kidnapping, or a felony 
offense described in chapter 77 (relating to peonage 
and slavery) or 113B (relating to terrorism) of such 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
230 
title, or for 3 or more felonies of any kind, the alien 
shall be fined under such title, imprisoned not more 
than 25 years, or both. 
‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 
alien who has been denied admission, excluded, deported, 
or removed 3 or more times and thereafter enters, at-
tempts to enter, crosses the border to, attempts to cross 
the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, impris-
oned not more than 10 years, or both. 
‘‘(d) PROOF
OF PRIOR CONVICTIONS.—The prior 
convictions described in subsection (b) are elements of the 
crimes described, and the penalties in that subsection shall 
apply only in cases in which the conviction or convictions 
that form the basis for the additional penalty are— 
‘‘(1) alleged in the indictment or information; 
and 
‘‘(2) proven beyond a reasonable doubt at trial 
or admitted by the defendant. 
‘‘(e) REENTRY OF ALIEN REMOVED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Any alien re-
moved pursuant to section 241(a)(4) who enters, attempts 
to enter, crosses the border to, attempts to cross the bor-
der to, or is at any time found in, the United States shall 
be incarcerated for the remainder of the sentence of im-
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
231 
prisonment which was pending at the time of deportation 
without any reduction for parole or supervised release un-
less the alien affirmatively demonstrates that the Sec-
retary of Homeland Security has expressly consented to 
the alien’s reentry. Such alien shall be subject to such 
other penalties relating to the reentry of removed aliens 
as may be available under this section or any other provi-
sion of law. 
‘‘(f) DEFINITIONS.—For purposes of this section and 
section 275, the following definitions shall apply: 
‘‘(1) CROSSES THE BORDER TO THE UNITED 
STATES.—The term ‘crosses the border’ refers to the 
physical act of crossing the border free from official 
restraint. 
‘‘(2) OFFICIAL RESTRAINT.—The term ‘official 
restraint’ means any restraint known to the alien 
that serves to deprive the alien of liberty and pre-
vents the alien from going at large into the United 
States. Surveillance unbeknownst to the alien shall 
not constitute official restraint. 
‘‘(3) FELONY.—The term ‘felony’ means any 
criminal offense punishable by a term of imprison-
ment of more than 1 year under the laws of the 
United States, any State, or a foreign government. 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
232 
‘‘(4) MISDEMEANOR.—The term ‘misdemeanor’ 
means any criminal offense punishable by a term of 
imprisonment of not more than 1 year under the ap-
plicable laws of the United States, any State, or a 
foreign government. 
‘‘(5) REMOVAL.—The term ‘removal’ includes 
any denial of admission, exclusion, deportation, or 
removal, or any agreement by which an alien stipu-
lates or agrees to exclusion, deportation, or removal. 
‘‘(6) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the 
United States.’’. 
TITLE IV—ASYLUM REFORM 
SEC. 4401. CLARIFICATION OF INTENT REGARDING TAX-
PAYER-PROVIDED COUNSEL. 
Section 292 of the Immigration and Nationality Act 
(8 U.S.C. 1362) is amended— 
(1) by striking ‘‘In any removal proceedings be-
fore an immigration judge and in any appeal pro-
ceedings before the Attorney General from any such 
removal proceedings’’ and inserting ‘‘In any removal 
proceedings before an immigration judge, or any 
other immigration proceedings before the Attorney 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
233 
General, the Secretary of Homeland Security, or any 
appeal of such a proceeding’’. 
(2) by striking ‘‘(at no expense to the Govern-
ment)’’; and 
(3) by adding at the end the following ‘‘Not-
withstanding any other provision of law, in no in-
stance shall the Government bear any expense for 
counsel for any person in proceedings described in 
this section.’’. 
SEC. 4402. CREDIBLE FEAR INTERVIEWS. 
Section 235(b)(1)(B)(v) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 
striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 
as determined pursuant to section 208(b)(1)(B)(iii), and 
such other facts as are known to the officer, that the alien 
could establish eligibility for asylum under section 1158 
of this title, and it is more probable than not that the 
statements made by, and on behalf of, the alien in support 
of the alien’s claim are true.’’. 
SEC. 4403. RECORDING EXPEDITED REMOVAL AND CRED-
IBLE FEAR INTERVIEWS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish quality assurance procedures and take 
steps to effectively ensure that questions by employees of 
the Department of Homeland Security exercising expe-
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
234 
dited removal authority under section 235(b) of the Immi-
gration and Nationality Act (8 U.S.C. 1225(b)) are asked 
in a uniform manner, to the extent possible, and that both 
these questions and the answers provided in response to 
them are recorded in a uniform fashion. 
(b) FACTORS RELATING TO SWORN STATEMENTS.— 
Where practicable, any sworn or signed written statement 
taken of an alien as part of the record of a proceeding 
under section 235(b)(1)(A) of the Immigration and Na-
tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom-
panied by a recording of the interview which served as the 
basis for that sworn statement. 
(c) INTERPRETERS.—The Secretary shall ensure that 
a competent interpreter, not affiliated with the govern-
ment of the country from which the alien may claim asy-
lum, is used when the interviewing officer does not speak 
a language understood by the alien. 
(d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 
There shall be an audio or audio visual recording of inter-
views of aliens subject to expedited removal. The recording 
shall be included in the record of proceeding and shall be 
considered as evidence in any further proceedings involv-
ing the alien. 
(e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 
section shall be construed to create any right, benefit, 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
235 
trust, or responsibility, whether substantive or procedural, 
enforceable in law or equity by a party against the United 
States, its departments, agencies, instrumentalities, enti-
ties, officers, employees, or agents, or any person, nor does 
this section create any right of review in any administra-
tive, judicial, or other proceeding. 
SEC. 4404. SAFE THIRD COUNTRY. 
Section 208(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(2) by striking ‘‘removed, pursuant to a bilat-
eral or multilateral agreement, to’’ and inserting 
‘‘removed to’’. 
SEC. 4405. RENUNCIATION OF ASYLUM STATUS PURSUANT 
TO RETURN TO HOME COUNTRY. 
(a) IN GENERAL.—Section 208(c) of the Immigration 
and Nationality Act (8 U.S.C. 1158(c)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) RENUNCIATION OF STATUS PURSUANT TO 
RETURN TO HOME COUNTRY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), any alien who is 
granted asylum status under this Act, who, ab-
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
236 
sent changed country conditions, subsequently 
returns to the country of such alien’s nation-
ality or, in the case of an alien having no na-
tionality, returns to any country in which such 
alien last habitually resided, and who applied 
for such status because of persecution or a well- 
founded fear of persecution in that country on 
account of race, religion, nationality, member-
ship in a particular social group, or political 
opinion, shall have his or her status terminated. 
‘‘(B) WAIVER.—The Secretary has discre-
tion to waive subparagraph (A) if it is estab-
lished to the satisfaction of the Secretary that 
the alien had a compelling reason for the re-
turn. The waiver may be sought prior to depar-
ture from the United States or upon return. 
‘‘(C) EXCEPTION
FOR
CERTAIN
ALIENS 
FROM
CUBA.—Subparagraph (A) shall not 
apply to an alien who is eligible for adjustment 
to that of an alien lawfully admitted for perma-
nent residence pursuant to the Cuban Adjust-
ment Act of 1966 (Public Law 89–732).’’. 
(b) CONFORMING AMENDMENT.—Section 208(c)(3) 
of the Immigration and Nationality Act (8 U.S.C. 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
237 
1158(c)(3)) is amended by inserting after ‘‘paragraph 
(2)’’ the following: ‘‘or (4)’’. 
SEC. 4406. NOTICE CONCERNING FRIVOLOUS ASYLUM AP-
PLICATIONS. 
(a) IN GENERAL.—Section 208(d)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 
amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘the Secretary of Homeland Security 
or’’ before ‘‘the Attorney General’’; 
(2) in subparagraph (A), by striking ‘‘and of 
the consequences, under paragraph (6), of knowingly 
filing a frivolous application for asylum; and’’ and 
inserting a semicolon; 
(3) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(C) ensure that a written warning ap-
pears on the asylum application advising the 
alien of the consequences of filing a frivolous 
application and serving as notice to the alien of 
the consequence of filing a frivolous applica-
tion.’’. 
(b) CONFORMING AMENDMENT.—Section 208(d)(6) 
of the Immigration and Nationality Act (8 U.S.C. 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
238 
1158(d)(6)) is amended by striking ‘‘If the’’ and all that 
follows and inserting: 
‘‘(A) If the Secretary of Homeland Secu-
rity or the Attorney General determines that an 
alien has knowingly made a frivolous applica-
tion for asylum and the alien has received the 
notice under paragraph (4)(C), the alien shall 
be permanently ineligible for any benefits under 
this chapter, effective as the date of the final 
determination of such an application; 
‘‘(B) An application is frivolous if the Sec-
retary of Homeland Security or the Attorney 
General determines, consistent with subpara-
graph (C), that— 
‘‘(i) it is so insufficient in substance 
that it is clear that the applicant know-
ingly filed the application solely or in part 
to delay removal from the United States, 
to seek employment authorization as an 
applicant for asylum pursuant to regula-
tions issued pursuant to paragraph (2), or 
to seek issuance of a Notice to Appeal in 
order to pursue Cancellation of Removal 
under section 240A(b); or 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
239 
‘‘(ii) any of its material elements are 
deliberately fabricated. 
‘‘(C) In determining that an application is 
frivolous, the Secretary or the Attorney Gen-
eral, must be satisfied that the applicant, dur-
ing the course of the proceedings, has had suffi-
cient opportunity to clarify any discrepancies or 
implausible aspects of the claim. 
‘‘(D) For purposes of this section, a find-
ing that an alien filed a frivolous asylum appli-
cation shall not preclude the alien from seeking 
withholding 
of 
removal 
under 
section 
241(b)(3).) or protection pursuant to the Con-
vention Against Torture.’’. 
SEC. 4407. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 
(a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec-
tion 208(b)(1)(B)(iii) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 
after ‘‘all relevant factors’’ the following: ‘‘, including 
statements made to, and investigative reports prepared by, 
immigration authorities and other government officials’’. 
(b) RELIEF
FOR REMOVAL CREDIBILITY DETER-
MINATIONS.—Section 240(c)(4)(C) of the Immigration 
and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 
by inserting after ‘‘all relevant factors’’ the following: ‘‘, 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
240 
including statements made to, and investigative reports 
prepared by, immigration authorities and other govern-
ment officials’’. 
SEC. 4408. PENALTIES FOR ASYLUM FRAUD. 
Section 1001 of title 18 is amended by inserting at 
the end of the paragraph— 
‘‘(d) Whoever, in any matter before the Secretary of 
Homeland Security or the Attorney General pertaining to 
asylum under section 208 of the Immigration and Nation-
ality Act or withholding of removal under section 
241(b)(3) of such Act, knowingly and willfully— 
‘‘(1) makes any materially false, fictitious, or 
fraudulent statement or representation; or 
‘‘(2) makes or uses any false writings or docu-
ment knowing the same to contain any materially 
false, fictitious, or fraudulent statement or entry; 
shall be fined under this title or imprisoned not more than 
10 years, or both.’’. 
SEC. 4409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 
Section 3291 of title 18 is amended— 
(1) by striking ‘‘1544,’’ and inserting ‘‘1544 
and 1546,’’; 
(2) by striking ‘‘offense.’’ and inserting ‘‘of-
fense or within 10 years after the fraud is discov-
ered.’’. 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
241 
SEC. 4410. TECHNICAL AMENDMENTS. 
Section 208 of the Immigration and Nationality Act 
(8 U.S.C. 1158) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)(D), by inserting 
‘‘Secretary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; 
(2) in subsection (b)(2), by inserting ‘‘Secretary 
of Homeland Security or the’’ before ‘‘Attorney Gen-
eral’’ each place such term appears; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘Attor-
ney General’’ each place such term appears and 
inserting ‘‘Secretary of Homeland Security’’; 
and 
(B) in paragraph (3), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’; and 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘Sec-
retary of Homeland Security or the’’ before 
‘‘Attorney General’’ each place such term ap-
pears; 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
242 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of 
Homeland Security’’; and 
(C) in paragraph (5)— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(ii) in subparagraph (B), by inserting 
‘‘Secretary of Homeland Security or the’’ 
before ‘‘Attorney General’’. 
TITLE V—UNACCOMPANIED AND 
ACCOMPANIED 
ALIEN 
MI-
NORS APPREHENDED ALONG 
THE BORDER 
SEC. 5501. REPATRIATION OF UNACCOMPANIED ALIEN 
CHILDREN. 
(a) IN GENERAL.—Section 235 of the William Wil-
berforce Trafficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) by amending the heading to read 
as follows: ‘‘RULES FOR UNACCOMPANIED 
ALIEN CHILDREN.—’’; 
(ii) in subparagraph (A)— 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
255 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘this section’’; 
(II) by striking ‘‘roads, lighting, 
cameras, and sensors’’ and inserting 
‘‘tactical infrastructure, and tech-
nology’’; and 
(III) by striking ‘‘gain’’ inserting 
‘‘achieve situational awareness and’’; 
and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.— 
‘‘(i) IN
GENERAL.—Not later than 
September 30, 2022, the Secretary of 
Homeland Security, in carrying out this 
section, shall deploy along the United 
States border the most practical and effec-
tive physical barriers and tactical infra-
structure available for achieving situational 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS
358 
existing resources of the Department that takes 
into account prior reports on such matters 
issued by the Government Accountability Office 
and the Department; 
‘‘(C) a consideration of training programs 
necessary to establish such a system that takes 
into account prior reports on such matters 
issued by the Government Accountability Office 
and the Department; 
‘‘(D) a consideration of how such a system 
will affect arrival and departure wait times that 
takes into account prior reports on such matter 
issued by the Government Accountability Office 
and the Department; 
‘‘(E) information received after 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 
VerDate Sep 11 2014 
21:40 Jan 11, 2018
Jkt 079200
PO 00000
Frm 00358
Fmt 6652
Sfmt 6201
E:\BILLS\H4760.IH
H4760
daltland on DSKBBV9HB2PROD with BILLS