Title: Border Security and Immigration Reform Act of 2018
Policy area: Immigration

Summary:
Border Security and Immigration Reform Act of 2018
This bill directs the Department of Homeland Security (DHS) to achieve situational awareness and operational control of the border, including by increasing enforcement personnel.
The bill provides funding for infrastructure, law enforcement, and border security, including funds for a border wall along the southern border.
The bill provides for: (1) an Integrated Border Enforcement Team Program within DHS; (2) Tunnel Task Forces; (3) a pilot program on the use of electromagnetic spectrum to support border control operations; (4) a Biometric Identification Transnational Migration Alert Program; (5) construction of new border ports of entry; (6) a biometric exit data system at certain airports, seaports, and land ports of entry; (7) electronic passport screening and biometric matching; and (8) protections for children apprehended at the border from parental separation and for children in DHS custody.
DHS may provide assistance to a foreign country to address migrant flows affecting the United States.
DHS may provide six-year renewable contingent nonimmigrant status for certain aliens who were under the age of 16 when they first entered the United States. Adjustment to immigrant status is provided based on a point system. Children of long-term temporary foreign workers are also eligible for such status adjustment.
DHS may designate certain groups as a criminal gang. Such individuals may not seek asylum, withholding of removal, or temporary protected status.
Indemnification is provided for law enforcement entities sued for complying with DHS detainers. DHS detainer authority is revised.
The bill creates a private right of action against a state or local jurisdiction that declines to honor a DHS detainer for a convicted illegal alien who then commits murder, rape, or sexual abuse of a minor.
The bill eliminates: (1) the diversity visa program, (2) certain family-based visa categories, and (3) the per-country limit for employment-based immigrants. The per-country limit for family based-immigrants is increased.
Asylum and visa screening provisions are revised.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6136 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6136

To amend the immigration laws and provide for border security, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2018

Mr. Goodlatte (for himself, Mr. Curbelo of Florida, Mr. McCaul, and Mr. 
   Denham) introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
 Homeland Security, Agriculture, Natural Resources, Transportation and 
 Infrastructure, Ways and Means, Energy and Commerce, Armed Services, 
Foreign Affairs, the Budget, and Oversight and Government Reform, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the immigration laws and provide for border security, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
and Immigration Reform Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     DIVISION A--BORDER ENFORCEMENT

Sec. 1100. Short title.
                        TITLE I--BORDER SECURITY

Sec. 1101. Definitions.
                Subtitle A--Infrastructure and Equipment

Sec. 1111. Strengthening the requirements for barriers along the 
                            southern border.
Sec. 1112. Air and Marine Operations flight hours.
Sec. 1113. Capability deployment to specific sectors and transit zone.
Sec. 1114. U.S. Border Patrol activities.
Sec. 1115. Border security technology program management.
Sec. 1116. National Guard support to secure the southern border.
Sec. 1117. Prohibitions on actions that impede border security on 
                            certain Federal land.
Sec. 1118. Landowner and rancher security enhancement.
Sec. 1119. Eradication of carrizo cane and salt cedar.
Sec. 1120. Southern border threat analysis.
Sec. 1121. Amendments to U.S. Customs and Border Protection.
Sec. 1122. Agent and officer technology use.
Sec. 1123. Integrated Border Enforcement Teams.
Sec. 1124. Tunnel Task Forces.
Sec. 1125. Pilot program on use of electromagnetic spectrum in support 
                            of border security operations.
Sec. 1126. Foreign migration assistance.
Sec. 1127. Biometric Identification Transnational Migration Alert 
                            Program.
                         Subtitle B--Personnel

Sec. 1131. Additional U.S. Customs and Border Protection agents and 
                            officers.
Sec. 1132. U.S. Customs and Border Protection retention incentives.
Sec. 1133. Anti-Border Corruption Reauthorization Act.
Sec. 1134. Training for officers and agents of U.S. Customs and Border 
                            Protection.
                           Subtitle C--Grants

Sec. 1141. Operation Stonegarden.
 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

Sec. 2101. Ports of entry infrastructure.
Sec. 2102. Secure communications.
Sec. 2103. Border security deployment program.
Sec. 2104. Pilot and upgrade of license plate readers at ports of 
                            entry.
Sec. 2105. Non-intrusive inspection operational demonstration.
Sec. 2106. Biometric exit data system.
Sec. 2107. Sense of Congress on cooperation between agencies.
Sec. 2108. Authorization of appropriations.
Sec. 2109. Definition.
                 TITLE III--VISA SECURITY AND INTEGRITY

Sec. 3101. Visa security.
Sec. 3102. Electronic passport screening and biometric matching.
Sec. 3103. Reporting of visa overstays.
Sec. 3104. Student and exchange visitor information system 
                            verification.
Sec. 3105. Social media review of visa applicants.
Sec. 3106. Cancellation of additional visas.
Sec. 3107. Visa information sharing.
Sec. 3108. Restricting waiver of visa interviews.
Sec. 3109. Authorizing the Department of State to not interview certain 
                            ineligible visa applicants.
Sec. 3110. Petition and application processing for visas and 
                            immigration benefits.
Sec. 3111. Fraud prevention.
Sec. 3112. Visa ineligibility for spouses and children of drug 
                            traffickers.
Sec. 3113. DNA testing.
Sec. 3114. Access to NCIC criminal history database for diplomatic 
                            visas.
Sec. 3115. Elimination of signed photograph requirement for visa 
                            applications.
Sec. 3116. Additional fraud detection and prevention.
     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

Sec. 4101. Short title.
Sec. 4102. Illicit spotting.
Sec. 4103. Unlawfully hindering immigration, border, and customs 
                            controls.
                    TITLE V--BORDER SECURITY FUNDING

Sec. 5101. Border Security Funding.
Sec. 5102. Limitation on adjustment of status.
Sec. 5103. Exclusion from PAYGO scorecards.
                     DIVISION B--IMMIGRATION REFORM

         TITLE I--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

Sec. 1101. Definitions.
Sec. 1102. Contingent nonimmigrant status eligibility and application.
Sec. 1103. Terms and conditions of conditional nonimmigrant status.
Sec. 1104. Adjustment of status.
Sec. 1105. Administrative and judicial review.
Sec. 1106. Penalties and signature requirements.
Sec. 1107. Rulemaking.
Sec. 1108. Statutory construction.
Sec. 1109. Addition of definition.
          TITLE II--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES

Sec. 2101. Elimination of diversity visa program.
Sec. 2102. Numerical limitation to any single foreign state.
Sec. 2103. Family-sponsored immigration priorities.
Sec. 2104. Allocation of immigrant visas for contingent nonimmigrants 
                            and children of certain nonimmigrants.
Sec. 2105. Sunset of adjustment visas for conditional nonimmigrants and 
                            children of certain nonimmigrants.
Sec. 2106. Implementation.
Sec. 2107. Repeal of suspension of deportation and adjustment of status 
                            for certain aliens.
     TITLE III--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION 
                              ENFORCEMENT

Sec. 3101. Repatriation of unaccompanied alien children.
Sec. 3102. Clarification of standards for family detention.
Sec. 3103. Detention of dangerous aliens.
Sec. 3104. Definition of aggravated felony.
Sec. 3105. Crime of violence.
Sec. 3106. Grounds of inadmissibility and deportability for alien gang 
                            members.
Sec. 3107. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
Sec. 3108. Clarification of authority regarding determinations of 
                            convictions.
Sec. 3109. Adding attempt and conspiracy to commit terrorism-related 
                            inadmissibility grounds acts to the 
                            definition of engaging in terrorist 
                            activity.
Sec. 3110. Clarifying the authority of ICE detainers.
Sec. 3111. Department of Homeland Security access to crime information 
                            databases.
                        TITLE IV--ASYLUM REFORM

Sec. 4101. Credible fear interviews.
Sec. 4102. Jurisdiction of asylum applications.
Sec. 4103. Recording expedited removal and credible fear interviews.
Sec. 4104. Safe third country.
Sec. 4105. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 4106. Notice concerning frivolous asylum applications.
Sec. 4107. Anti-fraud investigative work product.
Sec. 4108. Penalties for asylum fraud.
Sec. 4109. Statute of limitations for asylum fraud.
Sec. 4110. Technical amendments.
                         TITLE V--USCIS WAIVERS

Sec. 5101. Exemption from Administrative Procedure Act.
Sec. 5102. Exemption from Paperwork Reduction Act.
Sec. 5103. Sunset.

                     DIVISION A--BORDER ENFORCEMENT

SEC. 1100. SHORT TITLE.

    This division may be cited as the ``Border Security for America Act 
of 2018''.

                        TITLE I--BORDER SECURITY

SEC. 1101. DEFINITIONS.

    In this title:
            (1) Advanced unattended surveillance sensors.--The term 
        ``advanced unattended surveillance sensors'' means sensors that 
        utilize an onboard computer to analyze detections in an effort 
        to discern between vehicles, humans, and animals, and 
        ultimately filter false positives prior to transmission.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (3) High traffic areas.--The term ``high traffic areas'' 
        has the meaning given such term in section 102(e)(1) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996, as amended by section 1111 of this division.
            (4) Operational control.--The term ``operational control'' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) Situational awareness.--The term ``situational 
        awareness'' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
            (7) Small unmanned aerial vehicle.--The term ``small 
        unmanned aerial vehicle'' has the meaning given the term 
        ``small unmanned aircraft'' in section 331 of the FAA 
        Modernization and Reform Act of 2012 (Public Law 112-95; 49 
        U.S.C. 40101 note).
            (8) Transit zone.--The term ``transit zone'' has the 
        meaning given such term in section 1092(a)(8) of the National 
        Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
        328; 6 U.S.C. 223(a)(7)).
            (9) Unmanned aerial system.--The term ``unmanned aerial 
        system'' has the meaning given the term ``unmanned aircraft 
        system'' in section 331 of the FAA Modernization and Reform Act 
        of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).
            (10) Unmanned aerial vehicle.--The term ``unmanned aerial 
        vehicle'' has the meaning given the term ``unmanned aircraft'' 
        in section 331 of the FAA Modernization and Reform Act of 2012 
        (Public Law 112-95; 49 U.S.C. 40101 note).

                Subtitle A--Infrastructure and Equipment

SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE 
              SOUTHERN BORDER.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be necessary (including the removal of obstacles to 
detection of illegal entrants) to design, test, construct, install, 
deploy, integrate, and operate physical barriers, tactical 
infrastructure, and technology in the vicinity of the United States 
border to achieve situational awareness and operational control of the 
border and deter, impede, and detect illegal activity in high traffic 
areas.'';
            (2) in subsection (b)--
                    (A) in the subsection heading, by striking 
                ``Fencing and Road Improvements'' and inserting 
                ``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 
                                technology''; 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, 2023, the Secretary of Homeland Security, 
                        in carrying out this section, shall deploy 
                        along the United States border the most 
                        practical and effective physical barriers and 
                        tactical infrastructure available for achieving 
                        situational awareness and operational control 
                        of the border.
                            ``(ii) Consideration for certain physical 
                        barriers and tactical infrastructure.--The 
                        deployment of physical barriers and tactical 
                        infrastructure under this subparagraph shall 
                        not apply in any area or region along the 
                        border where natural terrain features, natural 
                        barriers, or the remoteness of such area or 
                        region would make any such deployment 
                        ineffective, as determined by the Secretary, 
                        for the purposes of achieving situational 
                        awareness or operational control of such area 
                        or region.'';
                            (iii) in subparagraph (C)--
                                    (I) by amending clause (i) to read 
                                as follows:
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of the 
                        Interior, the Secretary of Agriculture, 
                        appropriate representatives of Federal, State, 
                        local, and tribal governments, and appropriate 
                        private property owners in the United States to 
                        minimize the impact on the environment, 
                        culture, commerce, and quality of life for the 
                        communities and residents located near the 
                        sites at which such physical barriers are to be 
                        constructed.'';
                                    (II) by redesignating clause (ii) 
                                as clause (iii);
                                    (III) by inserting after clause 
                                (i), as amended, the following new 
                                clause:
                            ``(ii) Notification.--Not later than 60 
                        days after the consultation required under 
                        clause (i), the Secretary of Homeland Security 
                        shall notify the Committee on Homeland Security 
                        of the House of Representatives and the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate of the type of physical 
                        barriers, tactical infrastructure, or 
                        technology the Secretary has determined is most 
                        practical and effective to achieve situational 
                        awareness and operational control in a specific 
                        area or region and the other alternatives the 
                        Secretary considered before making such a 
                        determination.''; and
                                    (IV) in clause (iii), as so 
                                redesignated--
                                            (aa) in subclause (I), by 
                                        striking ``or'' after the 
                                        semicolon at the end;
                                            (bb) by amending subclause 
                                        (II) to read as follows:
                                    ``(II) delay the transfer of the 
                                possession of property to the United 
                                States or affect the validity of any 
                                property acquisition by purchase or 
                                eminent domain, or to otherwise affect 
                                the eminent domain laws of the United 
                                States or of any State; or''; and
                                            (cc) by adding at the end 
                                        the following new subclause:
                                    ``(III) create any right or 
                                liability for any party.''; and
                            (iv) by striking subparagraph (D);
                    (C) in paragraph (2)--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'';
                            (ii) by striking ``this subsection'' and 
                        inserting ``this section''; and
                            (iii) by striking ``construction of 
                        fences'' and inserting ``the construction of 
                        physical barriers'';
                    (D) by amending paragraph (3) to read as follows:
            ``(3) Agent safety.--In carrying out this section, the 
        Secretary of Homeland Security, when designing, constructing, 
        and deploying physical barriers, tactical infrastructure, or 
        technology, shall incorporate such safety features into such 
        design, construction, or deployment of such physical barriers, 
        tactical infrastructure, or technology, as the case may be, 
        that the Secretary determines, in the Secretary's sole 
        discretion, are necessary to maximize the safety and 
        effectiveness of officers or agents of the Department of 
        Homeland Security or of any other Federal agency deployed in 
        the vicinity of such physical barriers, tactical 
        infrastructure, or technology.''; and
                    (E) in paragraph (4), by striking ``this 
                subsection'' and inserting ``this section'';
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security shall have the 
        authority to waive all legal requirements the Secretary, in the 
        Secretary's sole discretion, determines necessary to ensure the 
        expeditious design, testing, construction, installation, 
        deployment, integration, and operation of the physical 
        barriers, tactical infrastructure, and technology under this 
        section. Such waiver authority shall also apply with respect to 
        any maintenance carried out on such physical barriers, tactical 
        infrastructure, or technology. Any such decision by the 
        Secretary shall be effective upon publication in the Federal 
        Register.''; and
            (4) by adding after subsection (d) the following new 
        subsections:
    ``(e) Technology.--Not later than September 30, 2023, the Secretary 
of Homeland Security, in carrying out this section, shall deploy along 
the United States border the most practical and effective technology 
available for achieving situational awareness and operational control 
of the border.
    ``(f) Limitation on Requirements.--Nothing in this section may be 
construed as requiring the Secretary of Homeland Security to install 
tactical infrastructure, technology, and physical barriers in a 
particular location along an international border of the United States, 
if the Secretary determines that the use or placement of such resources 
is not the most appropriate means to achieve and maintain situational 
awareness and operational control over the international border at such 
location.
    ``(g) Definitions.--In this section:
            ``(1) High traffic areas.--The term `high traffic areas' 
        means areas in the vicinity of the United States border that--
                    ``(A) are within the responsibility of U.S. Customs 
                and Border Protection; and
                    ``(B) have significant unlawful cross-border 
                activity, as determined by the Secretary of Homeland 
                Security.
            ``(2) Operational control.--The term `operational control' 
        has the meaning given such term in section 2(b) of the Secure 
        Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367).
            ``(3) Physical barriers.--The term `physical barriers' 
        includes reinforced fencing, border wall system, and levee 
        walls.
            ``(4) Situational awareness.--The term `situational 
        awareness' has the meaning given such term in section 
        1092(a)(7) of the National Defense Authorization Act for Fiscal 
        Year 2017 (6 U.S.C. 223(a)(7); Public Law 114-328).
            ``(5) Tactical infrastructure.--The term `tactical 
        infrastructure' includes boat ramps, access gates, checkpoints, 
        lighting, and roads.
            ``(6) Technology.--The term `technology' includes border 
        surveillance and detection technology, including the following:
                    ``(A) Tower-based surveillance technology.
                    ``(B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    ``(C) Vehicle and Dismount Exploitation Radars 
                (VADER).
                    ``(D) 3-dimensional, seismic acoustic detection and 
                ranging border tunneling detection technology.
                    ``(E) Advanced unattended surveillance sensors.
                    ``(F) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    ``(G) Unmanned aerial vehicles.
                    ``(H) Other border detection, communication, and 
                surveillance technology.
            ``(7) Unmanned aerial vehicles.--The term `unmanned aerial 
        vehicle' has the meaning given the term `unmanned aircraft' in 
        section 331 of the FAA Modernization and Reform Act of 2012 
        (Public Law 112-95; 49 U.S.C. 40101 note).''.

SEC. 1112. AIR AND MARINE OPERATIONS FLIGHT HOURS.

    (a) Increased Flight Hours.--The Secretary shall ensure that not 
fewer than 95,000 annual flight hours are carried out by Air and Marine 
Operations of U.S. Customs and Border Protection.
    (b) Unmanned Aerial System.--The Secretary, after coordination with 
the Administrator of the Federal Aviation Administration, shall ensure 
that Air and Marine Operations operate unmanned aerial systems on the 
southern border of the United States for not less than 24 hours per day 
for five days per week.
    (c) Contract Air Support Authorization.--The Commissioner shall 
contract for the unfulfilled identified air support mission critical 
hours, as identified by the Chief of the U.S. Border Patrol.
    (d) Primary Mission.--The Commissioner shall ensure that--
            (1) the primary missions for Air and Marine Operations are 
        to directly support U.S. Border Patrol activities along the 
        southern border of the United States and Joint Interagency Task 
        Force South operations in the transit zone; and
            (2) the Executive Assistant Commissioner of Air and Marine 
        Operations assigns the greatest priority to support missions 
        established by the Commissioner to carry out the requirements 
        under this Act.
    (e) High-demand Flight Hour Requirements.--In accordance with 
subsection (d), the Commissioner shall ensure that U.S. Border Patrol 
Sector Chiefs--
            (1) identify critical flight hour requirements; and
            (2) direct Air and Marine Operations to support requests 
        from Sector Chiefs as their primary mission.
    (f) Small Unmanned Aerial Vehicles.--
            (1) In general.--The Chief of the U.S. Border Patrol shall 
        be the executive agent for U.S. Customs and Border Protection's 
        use of small unmanned aerial vehicles for the purpose of 
        meeting the U.S. Border Patrol's unmet flight hour operational 
        requirements and to achieve situational awareness and 
        operational control.
            (2) Coordination.--In carrying out paragraph (1), the Chief 
        of the U.S. Border Patrol shall--
                    (A) coordinate flight operations with the 
                Administrator of the Federal Aviation Administration to 
                ensure the safe and efficient operation of the National 
                Airspace System; and
                    (B) coordinate with the Executive Assistant 
                Commissioner for Air and Marine Operations of U.S. 
                Customs and Border Protection to ensure the safety of 
                other U.S. Customs and Border Protection aircraft 
                flying in the vicinity of small unmanned aerial 
                vehicles operated by the U.S. Border Patrol.
            (3) Conforming amendment.--Paragraph (3) of section 411(e) 
        of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is 
        amended--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon at the end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) carry out the small unmanned aerial vehicle 
                requirements pursuant to subsection (f) of section 1112 
                of the Border Security for America Act of 2018; and''.
    (g) Saving Clause.--Nothing in this section shall confer, transfer, 
or delegate to the Secretary, the Commissioner, the Executive Assistant 
Commissioner for Air and Marine Operations of U.S. Customs and Border 
Protection, or the Chief of the U.S. Border Patrol any authority of the 
Secretary of Transportation or the Administrator of the Federal 
Aviation Administration relating to the use of airspace or aviation 
safety.

SEC. 1113. CAPABILITY DEPLOYMENT TO SPECIFIC SECTORS AND TRANSIT ZONE.

    (a) In General.--Not later than September 30, 2023, the Secretary, 
in implementing section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (as amended by section 1111 of 
this division), and acting through the appropriate component of the 
Department of Homeland Security, shall deploy to each sector or region 
of the southern border and the northern border, in a prioritized manner 
to achieve situational awareness and operational control of such 
borders, the following additional capabilities:
            (1) San diego sector.--For the San Diego sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Subterranean surveillance and detection 
                technologies.
                    (C) To increase coastal maritime domain awareness, 
                the following:
                            (i) Deployable, lighter-than-air surface 
                        surveillance equipment.
                            (ii) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (iii) U.S. Customs and Border Protection 
                        maritime patrol aircraft.
                            (iv) Coastal radar surveillance systems.
                            (v) Maritime signals intelligence 
                        capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (2) El centro sector.--For the El Centro sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Man-portable unmanned aerial vehicles.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (3) Yuma sector.--For the Yuma sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) A rapid reaction capability supported by 
                aviation assets.
                    (F) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (4) Tucson sector.--For the Tucson sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (C) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (5) El paso sector.--For the El Paso sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Ultralight aircraft detection capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Mobile vehicle-mounted and man-portable 
                surveillance systems.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (6) Big bend sector.--For the Big Bend sector, the 
        following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Improved agent communications capabilities.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (7) Del rio sector.--For the Del Rio sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (C) Improved agent communications capabilities.
                    (D) Improved maritime capabilities in the Amistad 
                National Recreation Area.
                    (E) Advanced unattended surveillance sensors.
                    (F) A rapid reaction capability supported by 
                aviation assets.
                    (G) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (8) Laredo sector.--For the Laredo sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Maritime detection resources for the Falcon 
                Lake region.
                    (C) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (D) Increased monitoring for cross-river dams, 
                culverts, and footpaths.
                    (E) Ultralight aircraft detection capability.
                    (F) Advanced unattended surveillance sensors.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Man-portable unmanned aerial vehicles.
                    (I) Improved agent communications capabilities.
            (9) Rio grande valley sector.--For the Rio Grande Valley 
        sector, the following:
                    (A) Tower-based surveillance technology.
                    (B) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (C) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (D) Ultralight aircraft detection capability.
                    (E) Advanced unattended surveillance sensors.
                    (F) Increased monitoring for cross-river dams, 
                culverts, footpaths.
                    (G) A rapid reaction capability supported by 
                aviation assets.
                    (H) Increased maritime interdiction capabilities.
                    (I) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (J) Man-portable unmanned aerial vehicles.
                    (K) Improved agent communications capabilities.
            (10) Blaine sector.--For the Blaine sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications capabilities.
            (11) Spokane sector.--For the Spokane sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Increased maritime interdiction capabilities.
                    (C) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (D) Advanced unattended surveillance sensors.
                    (E) Ultralight aircraft detection capabilities.
                    (F) Completion of six miles of the Bog Creek road.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (12) Havre sector.--For the Havre sector, the following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (13) Grand forks sector.--For the Grand Forks sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (14) Detroit sector.--For the Detroit sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (15) Buffalo sector.--For the Buffalo sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Coastal radar surveillance systems.
                    (C) Increased maritime interdiction capabilities.
                    (D) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (E) Advanced unattended surveillance sensors.
                    (F) Ultralight aircraft detection capabilities.
                    (G) Man-portable unmanned aerial vehicles.
                    (H) Improved agent communications systems.
            (16) Swanton sector.--For the Swanton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (17) Houlton sector.--For the Houlton sector, the 
        following:
                    (A) Increased flight hours for aerial detection, 
                interdiction, and monitoring operations capability.
                    (B) Mobile vehicle-mounted and man-portable 
                surveillance capabilities.
                    (C) Advanced unattended surveillance sensors.
                    (D) Ultralight aircraft detection capabilities.
                    (E) Man-portable unmanned aerial vehicles.
                    (F) Improved agent communications systems.
            (18) Transit zone.--For the transit zone, the following:
                    (A) Not later than two years after the date of the 
                enactment of this Act, an increase in the number of 
                overall cutter, boat, and aircraft hours spent 
                conducting interdiction operations over the average 
                number of such hours during the preceding three fiscal 
                years.
                    (B) Increased maritime signals intelligence 
                capabilities.
                    (C) To increase maritime domain awareness, the 
                following:
                            (i) Unmanned aerial vehicles with maritime 
                        surveillance capability.
                            (ii) Increased maritime aviation patrol 
                        hours.
                    (D) Increased operational hours for maritime 
                security components dedicated to joint counter-
                smuggling and interdiction efforts with other Federal 
                agencies, including the Deployable Specialized Forces 
                of the Coast Guard.
                    (E) Coastal radar surveillance systems with long 
                range day and night cameras capable of providing full 
                maritime domain awareness of the United States 
                territorial waters surrounding Puerto Rico, Mona 
                Island, Desecheo Island, Vieques Island, Culebra 
                Island, Saint Thomas, Saint John, and Saint Croix.
    (b) Tactical Flexibility.--
            (1) Southern and northern land borders.--
                    (A) In general.--Beginning on September 30, 2022, 
                or after the Secretary has deployed at least 25 percent 
                of the capabilities required in each sector specified 
                in subsection (a), whichever comes later, the Secretary 
                may deviate from such capability deployments if the 
                Secretary determines that such deviation is required to 
                achieve situational awareness or operational control.
                    (B) Notification.--If the Secretary exercises the 
                authority described in subparagraph (A), the Secretary 
                shall, not later than 90 days after such exercise, 
                notify the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Homeland Security of the House of Representatives 
                regarding the deviation under such subparagraph that is 
                the subject of such exercise. If the Secretary makes 
                any changes to such deviation, the Secretary shall, not 
                later than 90 days after any such change, notify such 
                committees regarding such change.
            (2) Transit zone.--
                    (A) Notification.--The Secretary shall notify the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate, the Committee on Commerce, Science, and 
                Transportation of the Senate, the Committee on Homeland 
                Security of the House of Representatives, and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives regarding the capability 
                deployments for the transit zone specified in paragraph 
                (18) of subsection (a), including information relating 
                to--
                            (i) the number and types of assets and 
                        personnel deployed; and
                            (ii) the impact such deployments have on 
                        the capability of the Coast Guard to conduct 
                        its mission in the transit zone referred to in 
                        paragraph (18) of subsection (a).
                    (B) Alteration.--The Secretary may alter the 
                capability deployments referred to in this section if 
                the Secretary--
                            (i) determines, after consultation with the 
                        committees referred to in subparagraph (A), 
                        that such alteration is necessary; and
                            (ii) not later than 30 days after making a 
                        determination under clause (i), notifies the 
                        committees referred to in such subparagraph 
                        regarding such alteration, including 
                        information relating to--
                                    (I) the number and types of assets 
                                and personnel deployed pursuant to such 
                                alteration; and
                                    (II) the impact such alteration has 
                                on the capability of the Coast Guard to 
                                conduct its mission in the transit zone 
                                referred to in paragraph (18) of 
                                subsection (a).
    (c) Exigent Circumstances.--
            (1) In general.--Notwithstanding subsection (b), the 
        Secretary may deploy the capabilities referred to in subsection 
        (a) in a manner that is inconsistent with the requirements 
        specified in such subsection if, after the Secretary has 
        deployed at least 25 percent of such capabilities, the 
        Secretary determines that exigent circumstances demand such an 
        inconsistent deployment or that such an inconsistent deployment 
        is vital to the national security interests of the United 
        States.
            (2) Notification.--The Secretary shall notify the Committee 
        on Homeland Security of the House of Representative and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate not later than 30 days after making a determination 
        under paragraph (1). Such notification shall include a detailed 
        justification regarding such determination.
    (d) Integration.--In carrying out subsection (a), the Secretary 
shall, to the greatest extent practicable, integrate, within each 
sector or region of the southern border and northern border, as the 
case may be, the deployed capabilities specified in such subsection as 
necessary to achieve situational awareness and operational control of 
such borders.

SEC. 1114. U.S. BORDER PATROL ACTIVITIES.

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

SEC. 1115. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

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

``SEC. 435. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.

    ``(a) Major Acquisition Program Defined.--In this section, the term 
`major acquisition program' means an acquisition program of the 
Department that is estimated by the Secretary to require an eventual 
total expenditure of at least $300,000,000 (based on fiscal year 2018 
constant dollars) over its life cycle cost.
    ``(b) Planning Documentation.--For each border security technology 
acquisition program of the Department that is determined to be a major 
acquisition program, the Secretary shall--
            ``(1) ensure that each such program has a written 
        acquisition program baseline approved by the relevant 
        acquisition decision authority;
            ``(2) document that each such program is meeting cost, 
        schedule, and performance thresholds as specified in such 
        baseline, in compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(3) have a plan for meeting program implementation 
        objectives by managing contractor performance.
    ``(c) Adherence to Standards.--The Secretary, acting through the 
Under Secretary for Management and the Commissioner of U.S. Customs and 
Border Protection, shall ensure border security technology acquisition 
program managers who are responsible for carrying out this section 
adhere to relevant internal control standards identified by the 
Comptroller General of the United States. The Commissioner shall 
provide information, as needed, to assist the Under Secretary in 
monitoring management of border security technology acquisition 
programs under this section.
    ``(d) Plan.--The Secretary, acting through the Under Secretary for 
Management, in coordination with the Under Secretary for Science and 
Technology and the Commissioner of U.S. Customs and Border Protection, 
shall submit to the appropriate congressional committees a plan for 
testing, evaluating, and using independent verification and validation 
resources for border security technology. Under the plan, new border 
security technologies shall be evaluated through a series of 
assessments, processes, and audits to ensure--
            ``(1) compliance with relevant departmental acquisition 
        policies and the Federal Acquisition Regulation; and
            ``(2) the effective use of taxpayer dollars.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 433 the following new item:

``Sec. 435. Border security technology program management.''.
    (c) Prohibition on Additional Authorization of Appropriations.--No 
additional funds are authorized to be appropriated to carry out section 
435 of the Homeland Security Act of 2002, as added by subsection (a). 
Such section shall be carried out using amounts otherwise authorized 
for such purposes.

SEC. 1116. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.

    (a) National Guard Support.--
            (1) Authority to request.--The Secretary may, pursuant to 
        chapter 15 of title 10, United States Code, request that the 
        Secretary of Defense support the Secretary's efforts to secure 
        the southern border of the United States. The Secretary of 
        Defense may authorize the provision of such support under 
        section 502(f) of title 32, United States Code.
            (2) Approval and order.--With the approval of the Secretary 
        and the Secretary of Defense, the Governor of a State may order 
        any units or personnel of the National Guard of such State to 
        perform operations and missions under section 502(f) of title 
        32, United States Code, for the purpose of securing the 
        southern border of the United States.
    (b) Types of Support Authorized.--The support provided in 
accordance with subsection (a) may include--
            (1) construction of reinforced fencing or other physical 
        barriers;
            (2) operation of ground-based surveillance systems;
            (3) deployment of manned aircraft, unmanned aerial 
        surveillance systems, and ground-based surveillance systems to 
        support continuous surveillance of the southern border; and
            (4) intelligence analysis support.
    (c) Materiel and Logistical Support.--The Secretary of Defense may 
deploy such materiel, equipment, and logistics support as may be 
necessary to ensure the effectiveness of the assistance provided under 
subsection (a).
    (d) 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 readiness 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 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 personnel of the National Guard that the 
Secretary of Defense determines are capable of providing such support.
    (f) Reimbursement Notification.--Prior to providing 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 biannually thereafter through 
        December 31, 2021, the Secretary of Defense shall submit to the 
        appropriate congressional defense committees (as defined in 
        section 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 obligated and 
                expended to provide such support.

SEC. 1117. PROHIBITIONS ON ACTIONS THAT IMPEDE BORDER SECURITY ON 
              CERTAIN FEDERAL LAND.

    (a) Prohibition on Interference With U.S. Customs and Border 
Protection.--
            (1) In general.--The Secretary concerned 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 emergency exists.
    (b) Authorized Activities of U.S. Customs and Border Protection.--
            (1) In general.--U.S. Customs and Border Protection shall 
        have immediate access to covered Federal land to conduct the 
        activities described in paragraph (2) on such land to prevent 
        all unlawful entries into the United States, including entries 
        by terrorists, unlawful aliens, instruments of terrorism, 
        narcotics, and other contraband through the southern border or 
        the northern border.
            (2) Activities described.--The activities described in this 
        paragraph are--
                    (A) carrying out section 102 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 
                note), as amended by section 1111 of this division;
                    (B) the execution of search and rescue operations;
                    (C) the use of motorized vehicles, foot patrols, 
                and horseback to patrol the border area, apprehend 
                illegal entrants, and rescue individuals; and
                    (D) the remediation of tunnels used to facilitate 
                unlawful immigration or other illicit activities.
    (c) Clarification Relating to Waiver Authority.--
            (1) In general.--The activities of U.S. Customs and Border 
        Protection described in subsection (b)(2) may be carried out 
        without regard to the provisions of law specified in paragraph 
        (2).
            (2) Provisions of law specified.--The provisions of law 
        specified in this section are all Federal, State, or other 
        laws, regulations, and legal requirements of, deriving from, or 
        related to the subject of, the following laws:
                    (A) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    (B) The Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.).
                    (C) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.) (commonly referred to as the 
                ``Clean Water Act'').
                    (D) Division A of subtitle III of title 54, United 
                States Code (54 U.S.C. 300301 et seq.) (formerly known 
                as the ``National Historic Preservation Act'').
                    (E) The Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.).
                    (F) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (G) The Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.).
                    (H) The Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.).
                    (I) The Noise Control Act of 1972 (42 U.S.C. 4901 
                et seq.).
                    (J) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).
                    (K) The Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (L) Chapter 3125 of title 54, United States Code 
                (formerly known as the ``Archaeological and Historic 
                Preservation Act'').
                    (M) The Antiquities Act (16 U.S.C. 431 et seq.).
                    (N) Chapter 3203 of title 54, United States Code 
                (formerly known as the ``Historic Sites, Buildings, and 
                Antiquities Act'').
                    (O) The Wild and Scenic Rivers Act (16 U.S.C. 1271 
                et seq.).
                    (P) The Farmland Protection Policy Act (7 U.S.C. 
                4201 et seq.).
                    (Q) The Coastal Zone Management Act of 1972 (16 
                U.S.C. 1451 et seq.).
                    (R) The Wilderness Act (16 U.S.C. 1131 et seq.).
                    (S) The Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.).
                    (T) The National Wildlife Refuge System 
                Administration Act of 1966 (16 U.S.C. 668dd et seq.).
                    (U) The Fish and Wildlife Act of 1956 (16 U.S.C. 
                742a et seq.).
                    (V) The Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.).
                    (W) Subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                ``Administrative Procedure Act'').
                    (X) The Otay Mountain Wilderness Act of 1999 
                (Public Law 106-145).
                    (Y) Sections 102(29) and 103 of the California 
                Desert Protection Act of 1994 (Public Law 103-433).
                    (Z) Division A of subtitle I of title 54, United 
                States Code (formerly known as the ``National Park 
                Service Organic Act''.
                    (AA) The National Park Service General Authorities 
                Act (Public Law 91-383, 16 U.S.C. 1a-1 et seq.).
                    (BB) Sections 401(7), 403, and 404 of the National 
                Parks and Recreation Act of 1978 (Public Law 95-625).
                    (CC) Sections 301(a) through (f) of the Arizona 
                Desert Wilderness Act (Public Law 101-628).
                    (DD) The Rivers and Harbors Act of 1899 (33 U.S.C. 
                403).
                    (EE) The Eagle Protection Act (16 U.S.C. 668 et 
                seq.).
                    (FF) The Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.).
                    (GG) The American Indian Religious Freedom Act (42 
                U.S.C. 1996).
                    (HH) The 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, United States Code, after April 1, 
        2008, and before the date of the enactment of this Act, the 
        waiver described in paragraph (1) shall apply to the provision 
        of such title that corresponds to the provision of law 
        specified in paragraph (2) to the same extent the waiver 
        applied to that provision of law.
            (4) Savings clause.--The waiver authority under this 
        subsection may not be construed as affecting, negating, or 
        diminishing in any manner the applicability of section 552 of 
        title 5, United States Code (commonly referred to as the 
        ``Freedom of Information Act''), in any relevant matter.
    (d) Protection of Legal Uses.--This section may not be construed to 
provide--
            (1) authority to restrict legal uses, such as grazing, 
        hunting, mining, or recreation or the use of backcountry 
        airstrips, on land under the jurisdiction of the Secretary of 
        the Interior or the Secretary of Agriculture; or
            (2) any additional authority to restrict legal access to 
        such land.
    (e) Effect on State and Private Land.--This section shall--
            (1) have no force or effect on State lands or private 
        lands; and
            (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 diminish treaties or other agreements 
between the United States and Indian tribes.
    (g) Memoranda of Understanding.--The requirements of this section 
shall not apply to the extent that such requirements are incompatible 
with any memorandum of understanding or similar agreement entered into 
between the Commissioner 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 ``covered Federal 
        land'' includes all land under the control of the Secretary 
        concerned that is located within 100 miles of the southern 
        border or the northern border.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Department of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Department of the Interior, the Secretary of the 
                Interior.

SEC. 1118. LANDOWNER AND RANCHER SECURITY ENHANCEMENT.

    (a) Establishment of National Border Security Advisory Committee.--
The Secretary shall establish a National Border Security Advisory 
Committee, which--
            (1) may advise, consult with, report to, and make 
        recommendations to the Secretary on matters relating to border 
        security matters, including--
                    (A) verifying security claims and the border 
                security metrics established by the Department of 
                Homeland Security under section 1092 of the National 
                Defense Authorization Act for Fiscal Year 2017 (Public 
                Law 114-328; 6 U.S.C. 223); and
                    (B) discussing ways to improve the security of high 
                traffic areas along the northern border and the 
                southern border; and
            (2) may provide, through the Secretary, recommendations to 
        Congress.
    (b) Consideration of Views.--The Secretary shall consider the 
information, advice, and recommendations of the National Border 
Security Advisory Committee in formulating policy regarding matters 
affecting border security.
    (c) Membership.--The National Border Security Advisory Committee 
shall consist of at least 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 
operations.
    (b) Extent.--The waiver authority under subsection (c) of section 
102 of the Illegal Immigration Reform and 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 Secretary 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 analysis.
            (2) Contents.--The analysis submitted under paragraph (1) 
        shall include an assessment of--
                    (A) current and potential terrorism and criminal 
                threats posed by individuals and organized groups 
                seeking--
                            (i) to unlawfully enter the United States 
                        through the Southern border; or
                            (ii) to exploit security vulnerabilities 
                        along the Southern border;
                    (B) improvements needed at and between ports of 
                entry along the Southern border to prevent terrorists 
                and instruments of terror from entering the United 
                States;
                    (C) gaps in law, policy, and coordination between 
                State, local, or tribal law enforcement, international 
                agreements, or tribal agreements that hinder effective 
                and efficient border security, counterterrorism, and 
                anti-human smuggling and trafficking efforts;
                    (D) the current percentage of situational awareness 
                achieved by the Department 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 potential 
                security vulnerability associated with prolonged wait 
                times.
            (3) Analysis requirements.--In compiling the Southern 
        border threat analysis required under this subsection, the 
        Secretary shall consider and examine--
                    (A) the technology needs and challenges, including 
                such needs and challenges identified as a result of 
                previous investments that have not fully realized the 
                security and operational benefits that were sought;
                    (B) the personnel needs and challenges, including 
                such needs and challenges associated with recruitment 
                and hiring;
                    (C) the infrastructure needs and challenges;
                    (D) the roles and authorities of State, local, and 
                tribal law enforcement in general border security 
                activities;
                    (E) the status of coordination among Federal, 
                State, local, tribal, and Mexican law enforcement 
                entities relating to border security;
                    (F) the terrain, population density, and climate 
                along the Southern border; and
                    (G) the international agreements between the United 
                States and Mexico related to border security.
            (4) Classified form.--To the extent possible, the Secretary 
        shall submit the Southern border threat analysis required under 
        this subsection in unclassified form, but may submit a portion 
        of the threat analysis in classified form if the Secretary 
        determines such action is appropriate.
    (b) U.S. Border Patrol Strategic Plan.--
            (1) In general.--Not later than 180 days after the 
        submission of the threat analysis required 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 required 
                under subsection (a), with an emphasis on efforts to 
                mitigate threats identified in such threat analysis;
                    (B) efforts to analyze and disseminate border 
                security and border threat information between border 
                security components of the Department and other 
                appropriate Federal departments and agencies with 
                missions associated with the Southern border;
                    (C) efforts to increase situational awareness, 
                including--
                            (i) surveillance capabilities, including 
                        capabilities developed or utilized by the 
                        Department of Defense, and any appropriate 
                        technology determined to be excess by the 
                        Department of Defense; and
                            (ii) the use of manned aircraft and 
                        unmanned aerial systems, including camera and 
                        sensor technology deployed on such assets;
                    (D) efforts to detect and prevent terrorists and 
                instruments of terrorism from entering the United 
                States;
                    (E) efforts to detect, interdict, and disrupt 
                aliens and illicit drugs at the earliest possible 
                point;
                    (F) efforts to focus intelligence collection to 
                disrupt transnational criminal organizations outside of 
                the international and maritime borders of the United 
                States;
                    (G) efforts to ensure that any new border security 
                technology can be operationally integrated with 
                existing technologies in use by the Department;
                    (H) any technology required to maintain, support, 
                and enhance security and facilitate trade at ports of 
                entry, including nonintrusive detection equipment, 
                radiation detection equipment, biometric technology, 
                surveillance systems, and other sensors and technology 
                that the Secretary determines to be necessary;
                    (I) operational coordination unity of effort 
                initiatives of the border security components of the 
                Department, including any relevant task forces of the 
                Department;
                    (J) lessons learned from Operation Jumpstart and 
                Operation Phalanx;
                    (K) cooperative agreements and information sharing 
                with State, local, tribal, territorial, and other 
                Federal law enforcement agencies that have jurisdiction 
                on the Northern border or the Southern border;
                    (L) border security information received from 
                consultation with State, local, tribal, territorial, 
                and Federal law enforcement agencies that have 
                jurisdiction on the Northern border or the Southern 
                border, or in the maritime environment, and from border 
                community stakeholders (including through public 
                meetings with such stakeholders), including 
                representatives from border agricultural and ranching 
                organizations and representatives from business and 
                civic organizations along the Northern border or the 
                Southern border;
                    (M) staffing requirements for all departmental 
                border security functions;
                    (N) a prioritized list of departmental research and 
                development objectives to enhance the security of the 
                Southern border;
                    (O) an assessment of training programs, including 
                training programs for--
                            (i) identifying and detecting fraudulent 
                        documents;
                            (ii) understanding the scope of enforcement 
                        authorities and the use of force policies; and
                            (iii) screening, identifying, and 
                        addressing vulnerable populations, such as 
                        children and victims of human trafficking; and
                    (P) an assessment of how border security operations 
                affect border crossing times.

SEC. 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 amended--
            (1) in paragraph (18), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (19) as paragraph (21); and
            (3) by inserting after paragraph (18) the following 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 Enforcement 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: ``compared 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 
Enforcement 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 at the port at which such 
                officer is currently assigned.''.
    (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 inserting 
        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 system' 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 border be 
provided to front-line officers and agents of the Department 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 establish 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 security;
            ``(3) facilitate collaboration among components and offices 
        within the Department and international partners;
            ``(4) execute coordinated activities in furtherance of 
        border security and homeland security; and
            ``(5) enhance information-sharing, including the 
        dissemination of homeland security information among such 
        components and offices.
    ``(c) Composition and Location of Ibets.--
            ``(1) Composition.--IBETs shall be led by the United States 
        Border Patrol and may be comprised of personnel from the 
        following:
                    ``(A) Other subcomponents of U.S. Customs and 
                Border Protection.
                    ``(B) U.S. Immigration and Customs Enforcement, led 
                by Homeland Security Investigations.
                    ``(C) The Coast Guard, for the purpose of securing 
                the maritime borders of the United States.
                    ``(D) Other Department personnel, as appropriate.
                    ``(E) Other Federal departments and agencies, as 
                appropriate.
                    ``(F) Appropriate State law enforcement agencies.
                    ``(G) Foreign law enforcement partners.
                    ``(H) Local law enforcement agencies from affected 
                border cities and communities.
                    ``(I) Appropriate tribal law enforcement agencies.
            ``(2) Location.--The Secretary is authorized to establish 
        IBETs in regions in which such teams can contribute to IBET 
        missions, as appropriate. When establishing an IBET, the 
        Secretary shall consider the following:
                    ``(A) Whether the region in which the IBET would be 
                established is significantly impacted by cross-border 
                threats.
                    ``(B) The availability of Federal, State, local, 
                tribal, and foreign law enforcement resources to 
                participate in an IBET.
                    ``(C) Whether, in accordance with paragraph (3), 
                other joint cross-border initiatives already take place 
                within the region in which the IBET would be 
                established, including other Department cross-border 
                programs such as the Integrated Cross-Border Maritime 
                Law Enforcement Operation Program established under 
                section 711 of the Coast Guard and Maritime 
                Transportation Act of 2012 (46 U.S.C. 70101 note) or 
                the Border Enforcement Security Task Force established 
                under section 432.
            ``(3) Duplication of efforts.--In determining whether to 
        establish a new IBET or to expand an existing IBET in a given 
        region, the Secretary shall ensure that the IBET under 
        consideration does not duplicate the efforts of other existing 
        interagency task forces or centers within such region, 
        including the Integrated Cross-Border Maritime Law Enforcement 
        Operation Program established under section 711 of the Coast 
        Guard and Maritime Transportation Act of 2012 (46 U.S.C. 70101 
        note) or the Border Enforcement Security Task Force established 
        under section 432.
    ``(d) Operation.--
            ``(1) In general.--After determining the regions in which 
        to establish IBETs, the Secretary may--
                    ``(A) direct the assignment of Federal personnel to 
                such IBETs; and
                    ``(B) take other actions to assist Federal, State, 
                local, and tribal entities to participate in such 
                IBETs, including providing financial assistance, as 
                appropriate, for operational, administrative, and 
                technological costs associated with such participation.
            ``(2) Limitation.--Coast Guard personnel assigned under 
        paragraph (1) may be assigned only for the purposes of securing 
        the maritime borders of the United States, in accordance with 
        subsection (c)(1)(C).
    ``(e) Coordination.--The Secretary shall coordinate the IBET 
program with other similar border security and antiterrorism programs 
within the Department in accordance with the strategic objectives of 
the Cross-Border Law Enforcement Advisory Committee.
    ``(f) Memoranda of Understanding.--The Secretary may enter into 
memoranda of understanding with appropriate representatives of the 
entities specified in subsection (c)(1) necessary to carry out the IBET 
program. Such memoranda with entities specified in subparagraph (G) of 
such subsection shall be entered into with the concurrence 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 Homeland 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 the Committee on Transportation and Infrastructure of 
the House of Representatives, a report that--
            ``(1) describes the effectiveness of IBETs in fulfilling 
        the purposes specified in subsection (b);
            ``(2) assess the impact of certain challenges on the 
        sustainment of cross-border IBET operations, including 
        challenges faced by international partners;
            ``(3) addresses ways to support joint training for IBET 
        stakeholder agencies and radio interoperability to allow for 
        secure cross-border radio communications; and
            ``(4) assesses how IBETs, Border Enforcement Security Task 
        Forces, and the Integrated Cross-Border Maritime Law 
        Enforcement Operation Program can better align operations, 
        including interdiction and investigation activities.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the item 
relating to section 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 tunnels that breach the 
international border of the United States.

SEC. 1125. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT 
              OF BORDER SECURITY OPERATIONS.

    (a) In General.--The Commissioner, in consultation with the 
Assistant Secretary of Commerce for Communications and Information, 
shall conduct a pilot program to test and evaluate the use of 
electromagnetic spectrum 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 engaged 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 cooperation 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 Committee on Homeland Security and the 
Committee on Energy 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 concurrence of the 
Secretary of State, may provide to a foreign government financial 
assistance for foreign country operations 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 address irregular migration flows that may 
affect the United States, including through related detention or 
removal operations by the recipient government, including procedures to 
screen and provide protection for certain individuals.
    ``(c) Reimbursement of Expenses.--The Secretary may, if 
appropriate, seek reimbursement from the receiving foreign government 
for the provision of financial assistance under this section.
    ``(d) Receipts Credited as Offsetting Collections.--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 received; 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 develop and implement any financial 
assistance under this section.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed as affecting, augmenting, or diminishing the authority of the 
Secretary of State.
    ``(h) Authorization of Appropriations.--In addition 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 (referred to in this section as `BITMAP') to 
address and reduce national security, border security, and public 
safety threats before such threats reach the international border of 
the United States.
    ``(b) Duties.--In carrying out BITMAP operations, the Secretary, 
acting through the Director of U.S. Immigration and Customs 
Enforcement, shall--
            ``(1) provide, when necessary, capabilities, training, and 
        equipment, to the government of a foreign country to collect 
        biometric and biographic identification data from individuals 
        to identify, prevent, detect, and interdict high risk 
        individuals identified 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 appropriate United 
        States national security, border security, public safety, 
        immigration, and counter-terrorism 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 successor 
                database;
                    ``(C) the Department of Defense Automated Biometric 
                Identification System (commonly known as `ABIS'), or 
                successor database;
                    ``(D) the Department's Automated Biometric 
                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 agencies responsible for such 
                databases, notices, or means, designates; and
            ``(3) ensure biometric and biographic identification data 
        collected pursuant to BITMAP are incorporated into appropriate 
        United States Government databases, in compliance with the 
        policies and procedures established by the Privacy Officer 
        appointed under section 222.
    ``(c) Collaboration.--The Secretary shall ensure that BITMAP 
operations include participation from relevant components of the 
Department, and, as appropriate, request participation from other 
Federal agencies.
    ``(d) Coordination.--The Secretary shall coordinate with the 
Secretary of State, appropriate representatives of foreign governments, 
and the heads of other Federal 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 enactment of this section, 
was not a partner country described 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 purposes 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 provide the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 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.''.
    (b) Report.--Not later than 180 days after the date on which the 
Biometric Identification Transnational Migration 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 PROTECTION AGENTS AND 
              OFFICERS.

    (a) Border Patrol Agents.--Not later than September 30, 2023, the 
Commissioner shall hire, train, and assign sufficient agents to 
maintain an active duty presence of not fewer than 26,370 full-time 
equivalent agents.
    (b) CBP Officers.--In addition to positions authorized before the 
date of the enactment of this Act and any existing officer vacancies 
within U.S. Customs and Border Protection as of such date, the 
Commissioner shall hire, train, and assign to duty, not later than 
September 30, 2023--
            (1) sufficient U.S. Customs and Border Protection officers 
        to maintain an active duty presence of not fewer than 27,725 
        full-time equivalent officers; and
            (2) 350 full-time support staff distributed among all 
        United States ports of entry.
    (c) Air and Marine Operations.--Not later than September 30, 2023, 
the Commissioner shall hire, train, and assign sufficient agents for 
Air and Marine Operations of U.S. Customs and Border Protection to 
maintain not fewer than 1,675 full-time equivalent agents and not fewer 
than 264 Marine and Air Interdiction Agents for southern border air and 
maritime operations.
    (d) U.S. Customs and Border Protection K-9 Units and Handlers.--
            (1) K-9 units.--Not later than September 30, 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.
            (2) Use of canines.--The Commissioner shall prioritize the 
        use of canines at the primary inspection lanes at land ports of 
        entry and checkpoints.
    (e) U.S. Customs and Border Protection Horseback Units.--
            (1) Increase.--Not later than September 30, 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 Commissioner shall 
        construct new stables, maintain and improve existing stables, 
        and provide other resources needed to maintain the health and 
        well-being of the horses that serve in the horseback units of 
        U.S. Customs 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 Tunnel Detection and 
Technology Program.--Not later than September 30, 2023, the 
Commissioner shall increase by not fewer than 50 the number of officers 
assisting task forces and activities related to deployment and 
operation of border tunnel detection technology and apprehensions of 
individuals using such tunnels for crossing into the United States, 
drug trafficking, or human smuggling.
    (h) Agricultural Specialists.--Not later than September 30, 2023, 
the Secretary shall hire, train, and assign to duty, in addition to the 
officers and agents authorized under subsections (a) through (g), 631 
U.S. Customs and Border Protection agricultural specialists to ports of 
entry along the southern border and the northern border.
    (i) Office of Professional Responsibility.--Not later than 
September 30, 2023, the Commissioner shall hire, train, and assign 
sufficient Office of Professional Responsibility special agents to 
maintain an active duty presence of not fewer than 550 full-time 
equivalent special agents.
    (j) U.S. Customs and Border Protection Office of Intelligence.--Not 
later than September 30, 2023, the Commissioner shall hire, train, and 
assign sufficient Office of Intelligence personnel to maintain not 
fewer than 700 full-time equivalent employees.
    (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 RETENTION INCENTIVES.

    (a) In General.--Chapter 97 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection temporary employment 
              authorities
    ``(a) Definitions.--In this section--
            ``(1) the term `CBP employee' means an employee of U.S. 
        Customs and Border Protection described 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 Commissioner 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
            ``(5) the term `appropriate congressional committees' 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 limitation.--The purpose of 
        this subsection is to allow U.S. Customs and Border Protection 
        to expeditiously meet the hiring goals and staffing levels 
        required 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 sections 3309 through 3319, 
        candidates to positions in the competitive service as CBP 
        employees if the Secretary has given public notice for the 
        positions.
            ``(3) Recruitment and relocation bonuses.--The Secretary 
        may pay a recruitment or relocation bonus of up to 50 percent 
        of the annual 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 conditions 
                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 regulations 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 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination thereof);
                                    ``(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 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination 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 section 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
                            ``(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 
                                position in another agency or component 
                                of the Department of Homeland Security; 
                                and
                    ``(B) the individual enters into a written service 
                agreement with the Secretary--
                            ``(i) under which the individual is 
                        required to complete a period of employment as 
                        a CBP employee of not less than 2 years; and
                            ``(ii) that includes--
                                    ``(I) the commencement and 
                                termination dates of the required 
                                service period (or provisions for the 
                                determination thereof);
                                    ``(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 
                                        terminated before the agreed-
                                        upon service period has been 
                                        completed; and
                                            ``(bb) the effect of a 
                                        termination 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 payment to the covered employee for 
                accumulated and accrued annual leave under section 5551 
                or section 5552.
                    ``(C) Period of service for recruitment, 
                relocation, and retention bonuses.--
                            ``(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 circumstances 
described in subsection (b) of section 5305, the Director may establish 
special rates of pay in accordance 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 special rates of 
pay and issue a decision as soon as practicable. The Secretary shall 
provide such information to 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 authorities provided under 
        subsections (b) and (c). In each report, the Secretary shall 
        provide such information as the Director determines is 
        appropriate to ensure appropriate use of authorities under such 
        subsections. Each report shall also include an assessment of--
                    ``(A) the impact of the use of authorities under 
                subsections (b) and (c) on implementation of section 
                1131 of the Border Security for America Act of 2018;
                    ``(B) solving hiring and retention challenges at 
                the agency, including at specific locations;
                    ``(C) whether hiring and retention challenges still 
                exist at the agency or specific locations; and
                    ``(D) whether the Secretary needs to continue to 
                use authorities provided under this section at the 
                agency or at specific locations.
            ``(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 location 
                or leaving U.S. Customs and Border Protection.
            ``(3) Distribution.--In addition to the Director, the 
        Secretary shall submit each report required under this 
        subsection to the appropriate congressional committees.
    ``(e) OPM Action.--If the Director determines the Secretary has 
inappropriately used authorities under subsection (b) or a special rate 
of pay provided under subsection (c), the Director shall notify the 
Secretary and the appropriate congressional committees in writing. Upon 
receipt of the notification, the Secretary may not make any new 
appointments or issue any new bonuses under subsection (b), nor provide 
CBP employees with further special rates of pay, until the Director has 
provided the Secretary 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 enactment 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 regarding 
        hiring and human resources flexibilities (including 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 employees.
            ``(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 resources 
                flexibilities for employees who are involved in the 
                recruitment, hiring, assessment, or selection of 
                candidates, as well as the retention of current 
                employees.
                    ``(B) Regular training sessions for personnel 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 
                program in regions that could assist in filling 
                positions in rural or remote areas.
                    ``(E) Examination of existing agency programs 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 quality 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 Homeland Security 
                internship programs and the usefulness of those 
                programs in improving hiring by the Secretary in rural 
                or remote areas.
            ``(3) Evaluation.--
                    ``(A) In general.--Each year, the Secretary 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 conducted under 
                subparagraph (A) shall include--
                            ``(i) any reduction in the time taken by 
                        the Secretary to fill mission-critical 
                        positions, including in rural or remote areas;
                            ``(ii) a general assessment of the impact 
                        of the strategy implemented under paragraph (1) 
                        on hiring challenges, including 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 Security 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 hiring and 
retention needs, including in rural and remote areas.
    ``(h) Report on Polygraph Requests.--The Secretary shall report to 
the appropriate congressional committees 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 authority under 
        subsection (b) shall be subject to the sole and exclusive 
        discretion of the Secretary (or the Commissioner, as applicable 
        under paragraph (2) of this subsection), notwithstanding 
        chapter 71 and any collective bargaining agreement.
            ``(2) Delegation.--The Secretary may delegate any authority 
        under this section to the Commissioner.
    ``(j) Rule of Construction.--Nothing in this section shall be 
construed to exempt the Secretary or the Director 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 before 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 following:

``9702. U.S. Customs and Border Protection temporary employment 
                            authorities.''.

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 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 application of subsection (a)(1)--
            ``(1) to a current, full-time law enforcement officer 
        employed by a State or local law enforcement agency who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized by law to engage in or 
                supervise the prevention, detection, investigation, or 
                prosecution of, or the incarceration of any person for, 
                any violation of law, and has statutory powers for 
                arrest or apprehension;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) has, within the past ten years, successfully 
                completed a polygraph examination as a condition of 
                employment with such officer's current law enforcement 
                agency;
            ``(2) to a current, full-time Federal law enforcement 
        officer who--
                    ``(A) has continuously served as a law enforcement 
                officer for not fewer than three years;
                    ``(B) is authorized to make arrests, conduct 
                investigations, conduct searches, make seizures, carry 
                firearms, and serve orders, warrants, and other 
                processes;
                    ``(C) is not currently under investigation, has not 
                been found to have engaged in criminal activity or 
                serious misconduct, has not resigned from a law 
                enforcement officer position under investigation or in 
                lieu of termination, and has not been dismissed from a 
                law enforcement officer position; and
                    ``(D) holds a current Tier 4 background 
                investigation or current Tier 5 background 
                investigation; and
            ``(3) to a member of the Armed Forces (or a reserve 
        component thereof) or a veteran, if such individual--
                    ``(A) has served in the Armed Forces for not fewer 
                than three years;
                    ``(B) holds, or has held within the past five 
                years, a Secret, Top Secret, or Top Secret/Sensitive 
                Compartmented Information clearance;
                    ``(C) holds, or has undergone within the past five 
                years, a current Tier 4 background investigation or 
                current Tier 5 background investigation;
                    ``(D) received, or is eligible to receive, an 
                honorable discharge from service in the Armed Forces 
                and has not engaged in criminal activity or committed a 
                serious military or civil offense under the Uniform 
                Code of Military Justice; and
                    ``(E) was not granted any waivers to obtain the 
                clearance referred to subparagraph (B).
    ``(c) Termination of Waiver Authority.--The authority to issue a 
waiver under subsection (b) shall terminate on the date that is four 
years after the date of the enactment of the Border Security for 
America Act of 2018.''.
    (c) Supplemental Commissioner Authority and Definitions.--
            (1) Supplemental commissioner authority.--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 individual 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 Examination.--The Commissioner of 
U.S. Customs and Border Protection is authorized to administer a 
polygraph examination to an applicant or employee who is eligible for 
or receives a waiver under section 3(b) if information is discovered 
before the completion of a background investigation that results in a 
determination that a polygraph examination is necessary to make a final 
determination regarding suitability for employment or continued 
employment, as the case may be.''.
            (2) Report.--The Anti-Border Corruption Act of 2010, as 
        amended by paragraph (1), is further amended by adding at the 
        end the following new section:

``SEC. 5. REPORTING.

    ``(a) Annual Report.--Not later than one year after the date of the 
enactment of this section and annually thereafter while the waiver 
authority under section 3(b) is in effect, the Commissioner of U.S. 
Customs and Border Protection shall submit 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 received a waiver 
        and the results of such polygraph;
            ``(5) an assessment of the current impact of the polygraph 
        waiver program on filling law enforcement positions at U.S. 
        Customs and Border Protection; and
            ``(6) additional authorities needed by U.S. Customs and 
        Border Protection to better utilize the polygraph waiver 
        program for its intended goals.
    ``(b) Additional Information.--The first report submitted under 
subsection (a) shall include--
            ``(1) an analysis of other methods of employment 
        suitability tests that detect deception and could be used in 
        conjunction with traditional background investigations to 
        evaluate potential employees for suitability; and
            ``(2) a recommendation regarding whether a test referred to 
        in paragraph (1) should be adopted by U.S. Customs and Border 
        Protection when the polygraph examination requirement is waived 
        pursuant to section 3(b).''.
            (3) Definitions.--The Anti-Border Corruption Act of 2010, 
        as amended by paragraphs (1) and (2), is further amended by 
        adding at the end the following 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.
            ``(2) Serious military or civil offense.--The term `serious 
        military or civil offense' means an offense for which--
                    ``(A) a member of the Armed Forces may be 
                discharged or separated from service in the Armed 
                Forces; and
                    ``(B) a punitive discharge is, or would be, 
                authorized for the same or a closely related offense 
                under the Manual for Court-Martial, as pursuant to Army 
                Regulation 635-200 chapter 14-12.
            ``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with 
        respect to background investigations have the meaning given 
        such terms under the 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 September 30, 2022, the 
Secretary shall increase to not fewer than 150 the number of trained 
full-time equivalent polygraph examiners for administering polygraphs 
under the Anti-Border Corruption Act of 2010, as amended by this 
subtitle.

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 Commissioner shall ensure 
        that every agent and officer of U.S. Customs and Border 
        Protection receives a minimum of 21 weeks of training that are 
        directly related to the mission of the U.S. Border Patrol, Air 
        and Marine, and the Office of Field Operations before the 
        initial assignment of such agents and officers.
            ``(2) FLETC.--The Commissioner shall work in consultation 
        with the Director of the Federal Law Enforcement Training 
        Centers to establish guidelines and curriculum for the training 
        of agents and officers of U.S. Customs and Border Protection 
        under subsection (a).
            ``(3) Continuing education.--The Commissioner shall 
        annually require all agents and officers of U.S. Customs and 
        Border Protection who are required to undergo training under 
        subsection (a) to participate in not fewer than eight hours of 
        continuing education annually to maintain and update 
        understanding of Federal legal rulings, court decisions, and 
        Department policies, procedures, and guidelines related to 
        relevant subject matters.
            ``(4) Leadership training.--Not later than one year after 
        the date of the enactment of this subsection, the Commissioner 
        shall develop and require training courses geared towards the 
        development of leadership skills for mid- and senior-level 
        career employees not later than 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 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 identifying the guidelines and curriculum established to carry 
out subsection (l) of section 411 of the Homeland Security Act of 2002, 
as amended by subsection (a) of this section.
    (c) Assessment.--Not later than four years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security 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 assesses the training and education, 
including continuing education, required under subsection (l) of 
section 411 of the Homeland Security Act of 2002, as amended by 
subsection (a) 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 enforcement agencies, through the State administrative 
agency, to enhance border security in accordance with this section.
    ``(b) Eligible Recipients.--To be eligible to receive a grant under 
this section, a law enforcement agency--
            ``(1) shall be located in--
                    ``(A) a State bordering Canada or Mexico; or
                    ``(B) a State or territory with a maritime border; 
                and
            ``(2) shall be involved in an active, ongoing, U.S. Customs 
        and Border Protection operation coordinated through a U.S. 
        Border Patrol sector office.
    ``(c) Permitted Uses.--The recipient of a grant under this section 
may use such grant for--
            ``(1) equipment, including maintenance and sustainment 
        costs;
            ``(2) personnel, including overtime and backfill, in 
        support of enhanced border law enforcement activities;
            ``(3) any activity permitted for Operation Stonegarden 
        under the Department of Homeland Security's Fiscal Year 2018 
        Homeland Security Grant Program Notice of Funding Opportunity; 
        and
            ``(4) any other appropriate activity, as determined by the 
        Administrator, in consultation with the Commissioner of U.S. 
        Customs and Border Protection.
    ``(d) Period of Performance.--The Secretary shall award grants 
under this section to grant recipients for a period of not less than 36 
months.
    ``(e) Report.--For each of 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 
information on the expenditure of grants made under this section by 
each grant recipient.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated $110,000,000 for each of 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.''.

 TITLE II--EMERGENCY PORT OF ENTRY PERSONNEL AND INFRASTRUCTURE FUNDING

SEC. 2101. PORTS OF ENTRY INFRASTRUCTURE.

    (a) Additional Ports of Entry.--
            (1) Authority.--The Administrator of General 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 locations 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 Secretary of Agriculture, the Secretary of 
                Transportation, 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 environment, culture, commerce, 
                and quality of life of the communities and residents 
                located near such new port.
    (b) Expansion and Modernization of High-Priority 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 constructing any new 
ports of entry pursuant to subsection (a), the Administrator of General 
Services shall complete the expansion and modernization of ports of 
entry pursuant 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 located, as 
        well as the Committee on Homeland Security 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 Security, 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 
        information 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 description of the 
        consultations undertaken by the Secretary 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 modernization 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 Transportation, and the Committee on 
        the Judiciary of the Senate, and the Committee on Homeland 
        Security, the Committee on Ways and Means, the Committee on 
        Transportation and Infrastructure, and the Committee on the 
        Judiciary of the House of Representatives of the ports of entry 
        on the southern border that are the subject of expansion or 
        modernization pursuant to subsection (b) and the Secretary'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 affected by this section;
            (2) delay the transfer of the possession of property 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 section may be construed 
as providing the Secretary new authority related to the construction, 
acquisition, or renovation of real property.

SEC. 2102. SECURE COMMUNICATIONS.

    (a) In General.--The Secretary shall ensure that each U.S. Customs 
and Border Protection and U.S. Immigration and Customs Enforcement 
officer or agent, if appropriate, is equipped with a secure radio or 
other two-way communication device, supported by system 
interoperability, that allows each such officer to communicate--
            (1) between ports of entry and inspection stations; and
            (2) with other Federal, State, tribal, and local law 
        enforcement entities.
    (b) 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 Security Deployment Program of the 
U.S. Customs and Border Protection and expand the integrated 
surveillance and intrusion detection system at land ports of entry 
along the southern border and the northern border.
    (b) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for such purpose, there is 
authorized to be appropriated $33,000,000 for fiscal years 2019 through 
2023 to carry out subsection (a).

SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READERS 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 upgrade, as determined by the 
Commissioner, on the northern and southern borders on incoming and 
outgoing vehicle lanes.
    (b) Pilot Program.--Not later than 90 days after the date of the 
enactment of this Act, the Commissioner 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 to the Committee on 
Homeland Security and Governmental 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 
implementing use of such technology on the southern border.
    (d) Authorization of Appropriations.--In addition to amounts 
otherwise authorized to be appropriated for such purpose, there is 
authorized to be appropriated $125,000,000 for fiscal 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 significant cross-
border traffic. Such demonstration shall be located 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.
    (b) Report.--Not later than 90 days after the conclusion 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 describes the following:
            (1) The effects of such demonstration on legitimate 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 Committee on Homeland 
        Security and Governmental Affairs 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 integrated biometric entry and 
        exit data system required under section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (8 
        U.S.C. 1365b), including--
                    ``(A) an integrated master schedule and cost 
                estimate, including requirements and design, 
                development, operational, and maintenance costs of such 
                a system, that takes into account prior reports on such 
                matters issued by the Government Accountability Office 
                and the Department;
                    ``(B) cost-effective staffing and personnel 
                requirements of such a system that leverages existing 
                resources of the Department that takes into account 
                prior reports on such matters issued by the Government 
                Accountability Office and the Department;
                    ``(C) a consideration of training programs 
                necessary to establish such a system that takes into 
                account prior reports on such matters issued by the 
                Government Accountability Office and the Department;
                    ``(D) a consideration of how such a system will 
                affect arrival and departure wait times that takes into 
                account prior reports on such matter issued by the 
                Government Accountability Office and the Department;
                    ``(E) information received after consultation with 
                private sector stakeholders, including the--
                            ``(i) trucking industry;
                            ``(ii) airport industry;
                            ``(iii) airline industry;
                            ``(iv) seaport industry;
                            ``(v) travel industry; and
                            ``(vi) biometric technology industry;
                    ``(F) a consideration of how trusted traveler 
                programs in existence as of the date of the enactment 
                of this section may be impacted by, or incorporated 
                into, such a system;
                    ``(G) defined metrics of success and milestones;
                    ``(H) identified risks and mitigation strategies to 
                address such risks;
                    ``(I) a consideration of how other countries have 
                implemented a biometric exit data system; and
                    ``(J) a list of statutory, regulatory, or 
                administrative authorities, if any, needed to integrate 
                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 support the 
                highest volume of international air travel, as 
                determined by available Federal flight data;
                    ``(B) 10 United States seaports that support 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, pedestrian, 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 the enactment of this section, the 
        Secretary, in collaboration 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 traffic, 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.
                    ``(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 biometric exit data system 
                referred to in subsection (a)(2) to all land ports of 
                entry.
                    ``(B) Extension.--The Secretary may extend for a 
                single two-year period the date specified in 
                subparagraph (A) if the Secretary certifies to the 
                Committee on Homeland Security and Governmental Affairs 
                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 that the 
                15 land ports of entry that support the highest volume 
                of passenger vehicles, as determined by available 
                Federal data, do not have the physical infrastructure 
                or characteristics to install the systems necessary to 
                implement a biometric exit data system. Such extension 
                shall apply only in the case of non-pedestrian 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 biometric exit data system referred 
        to in subsection (a)(2) to all air and sea ports of entry.
    ``(c) Effects on Air, Sea, and Land Transportation.--The Secretary, 
in consultation with appropriate private sector stakeholders, shall 
ensure that the collection of biometric data under this section causes 
the least possible disruption to the movement of people or cargo in 
air, sea, or land transportation, while fulfilling the goals of 
improving counterterrorism efforts and identifying visa holders who 
violate the terms of their visas.
    ``(d) Termination of Proceeding.--Notwithstanding any other 
provision of law, the Secretary shall, on the date of the enactment of 
this section, terminate the proceeding entitled `Collection of Alien 
Biometric Data Upon Exit From the United States at Air and Sea Ports of 
Departure; United States Visitor and Immigrant Status Indicator 
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed. 
Reg. 22065).
    ``(e) Data-Matching.--The biometric exit data system established 
under this section shall--
            ``(1) match biometric information for an individual, 
        regardless of nationality, citizenship, or immigration 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 established pursuant to 
        section 7208 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose 
        described in paragraph (1); and
            ``(3) be interoperable with, and allow matching against, 
        other Federal databases that--
                    ``(A) store biometrics of known or suspected 
                terrorists; and
                    ``(B) identify visa holders who violate the terms 
                of their visas.
    ``(f) Scope.--
            ``(1) In general.--The biometric exit data system 
        established under this section shall include a requirement for 
        the collection of biometric exit data at the time of departure 
        for all categories of individuals who are required by the 
        Secretary to provide biometric entry data.
            ``(2) Exception for certain other individuals.--This 
        section shall not apply in the case of an individual who exits 
        and then enters the United States on a passenger vessel (as 
        such term is defined in section 2101 of title 46, United States 
        Code) the itinerary of which originates and terminates in the 
        United States.
            ``(3) Exception for land ports of entry.--This section 
        shall not apply in the case of a United States or Canadian 
        citizen who exits the United States through a land port of 
        entry.
    ``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of 
collecting or administering the biometric exit data system established 
under this section, except through a mutual agreement.
    ``(h) Multi-Modal Collection.--In carrying out subsections (a)(1) 
and (b), the Secretary shall make every effort to collect biometric 
data using multiple modes of biometrics.
    ``(i) Facilities.--All facilities at which the biometric exit data 
system established under this section is implemented shall provide and 
maintain space for Federal use that is adequate to support biometric 
data collection and other inspection-related activity. For non-
federally owned facilities, such space shall be provided and maintained 
at no cost to the Government. 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 Secretary 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 circumstances 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 Security and Governmental Affairs of the Senate, 
the Committee on the Judiciary of the Senate, the Committee on Homeland 
Security of the House of Representatives, and Committee on the 
Judiciary of the House of Representatives reports and recommendations 
regarding the Science and Technology Directorate's Air Entry and Exit 
Re-Engineering Program of the Department and the U.S. Customs and 
Border Protection entry and exit mobility program demonstrations.
    ``(n) Savings Clause.--Nothing in this section 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 BETWEEN AGENCIES.

    (a) Finding.--Congress finds that personnel constraints exist at 
land ports of entry with regard to sanitary and phytosanitary 
inspections for exported goods.
    (b) Sense of Congress.--It is the sense of Congress that, in the 
best interest of cross-border trade and the agricultural community--
            (1) any lack of certified personnel for inspection purposes 
        at ports of entry should be addressed by seeking cooperation 
        between agencies and departments of the United States, whether 
        in the form of a memorandum of understanding or through a 
        certification process, whereby additional existing agents are 
        authorized for additional hours to facilitate 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 system 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 Secretary of 
Homeland Security.

                 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 subparagraph:
                    ``(B) Risk-based assignments.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the Secretary shall assign 
                        employees of the Department to not fewer than 
                        75 diplomatic and consular posts at which visas 
                        are issued. Such assignments shall be made--
                                    ``(I) in a risk-based manner;
                                    ``(II) considering the criteria 
                                described in clause (iii); and
                                    ``(III) in accordance with National 
                                Security Decision Directive 38 of June 
                                2, 1982, or any superseding 
                                presidential directive concerning 
                                staffing at diplomatic and consular 
                                posts.
                            ``(ii) Priority consideration.--In carrying 
                        out National Security Decision Directive 38 of 
                        June 2, 1982, the Secretary of State shall 
                        ensure priority consideration of any staffing 
                        assignment pursuant to this subparagraph.
                            ``(iii) Criteria described.--The criteria 
                        referred to in clause (i) are the following:
                                    ``(I) The number of nationals of a 
                                country in which any of the diplomatic 
                                and consular posts referred to in 
                                clause (i) are located who were 
                                identified in United States Government 
                                databases related to the identities of 
                                known or suspected terrorists during 
                                the previous year.
                                    ``(II) Information on the 
                                cooperation of such country with the 
                                counterterrorism efforts of the United 
                                States.
                                    ``(III) Information analyzing the 
                                presence, activity, or movement of 
                                terrorist organizations (as such term 
                                is defined in section 212(a)(3)(B)(vi) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1182(a)(3)(B)(vi))) within or 
                                through such country.
                                    ``(IV) The number of formal 
                                objections based on derogatory 
                                information issued by the Visa Security 
                                Advisory Opinion Unit pursuant to 
                                paragraph (10) regarding nationals of a 
                                country in which any of the diplomatic 
                                and consular posts referred to in 
                                clause (i) are located.
                                    ``(V) The adequacy of the border 
                                and immigration control of such 
                                country.
                                    ``(VI) Any other criteria the 
                                Secretary 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 subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(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 Director 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.--Subsection (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 security assistance.--At 
        the visa-issuing posts at which employees of the Department are 
        not assigned pursuant to paragraph (1), the Secretary shall, in 
        a risk-based manner, assign employees of the Department to 
        remotely perform the functions required under paragraph (2) at 
        not fewer than 50 of such posts.
            ``(10) Visa security advisory opinion unit.--The Secretary 
        shall establish within U.S. Immigration and Customs Enforcement 
        a Visa Security Advisory Opinion Unit to respond to requests 
        from the Secretary of State to conduct a visa security review 
        using information maintained by the Department on visa 
        applicants, including terrorism association, criminal history, 
        counter-proliferation, and other relevant factors, as 
        determined by the Secretary.''.
    (e) 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. Immigration 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 sufficient to cover the 
                annual costs of the visa security 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 account pursuant to paragraph (1) are 
        authorized to be appropriated to the Secretary of Homeland 
        Security for the funding of the visa security program referred 
        to in such paragraph.

SEC. 3102. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC MATCHING.

    (a) In General.--Subtitle B of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.), as amended by section 2106 of this 
division, is further amended by adding at the end the following new 
sections:

``SEC. 420. ELECTRONIC PASSPORT SCREENING AND BIOMETRIC 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 technology, as 
        determined by the Commissioner, to inspect travelers at United 
        States airports of entry.
    ``(b) Applicability.--
            ``(1) Electronic passport screening.--Paragraph (1) of 
        subsection (a) shall apply to passports belonging to 
        individuals who are United States citizens, individuals who are 
        nationals of a program country pursuant to section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187), and 
        individuals who are nationals of any other foreign country that 
        issues electronic passports.
            ``(2) Facial recognition matching.--Paragraph (2) of 
        subsection (a) shall apply, at a minimum, to individuals who 
        are nationals of a program country pursuant to section 217 of 
        the Immigration and Nationality Act.
    ``(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 Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate an annual report through fiscal year 
2022 on the utilization of facial recognition technology and other 
biometric technology pursuant 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 individuals who were United States 
citizens and legal permanent 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.

``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, national security, and 
terrorism databases maintained by the Federal Government.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 419 the following 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 inserting 
                ``Secretary of Homeland Security''; and
                    (B) by inserting before the period at the end the 
                following: ``, and any additional information that the 
                Secretary determines necessary for purposes of the 
                report under subsection (b)''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Annual Report.--Not later than September 30, 2019, and not 
later than September 30 of each year thereafter, the Secretary of 
Homeland Security shall submit to the Committee on Homeland Security 
and the Committee on the Judiciary of the House of Representatives and 
to the Committee on Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate a report providing, for the 
preceding fiscal year, numerical estimates (including information on 
the methodology utilized to develop such numerical estimates) of--
            ``(1) for each country, the number of aliens from the 
        country who are described in subsection (a), including--
                    ``(A) the total number of such aliens within all 
                classes of nonimmigrant aliens described in section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)); and
                    ``(B) the number of such aliens within each of the 
                classes of nonimmigrant aliens, as well as the number 
                of such aliens within each of the subclasses of such 
                classes of nonimmigrant aliens, as applicable;
            ``(2) for each country, the percentage of the total number 
        of aliens from the country who were present in the United 
        States and were admitted to the United States as nonimmigrants 
        who are described in subsection (a);
            ``(3) the number of aliens described in subsection (a) who 
        arrived by land at a port of entry into the United States;
            ``(4) the number of aliens described in subsection (a) who 
        entered the United States using a border crossing 
        identification card (as 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 entered the 
        United States without a visa whose authorized 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 INFORMATION SYSTEM 
              VERIFICATION.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall ensure that the information 
collected under the program established under section 641 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372) is available to officers of U.S. Customs and Border 
Protection 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 division, is further amended by adding at the end the 
following 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 determined by 
the Secretary based on the criteria described in subsection (b).
    ``(b) High-Risk Criteria Described.--In determining whether a 
country is high-risk pursuant to subsection (a), the Secretary, in 
consultation with the Secretary of State, shall consider the following 
criteria:
            ``(1) The number of nationals of the country who were 
        identified in United States Government databases related to the 
        identities of known or suspected terrorists during the previous 
        year.
            ``(2) The level of cooperation of the country with the 
        counter-terrorism efforts of the United States.
            ``(3) Any other criteria the Secretary determines 
        appropriate.
    ``(c) Collaboration.--To carry out the requirements 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 requirements of subsection (a) as 
necessary to comply with international obligations of the United 
States.

``SEC. 439. OPEN SOURCE SCREENING.

    ``The Secretary shall, to the greatest extent practicable, and in a 
risk based manner, review open source information of visa 
applicants.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, as amended by this 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 Immigration and Nationality 
Act (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary''; and
                    (B) by inserting ``and any other nonimmigrant visa 
                issued by the United States that is in the possession 
                of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
a visa issued before, on, or after such date.

SEC. 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 inserting 
        ``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 information in a Department of State 
        computerized visa database and, when necessary and appropriate, 
        other records covered by this section related to information 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 purpose 
                of''; and
                    (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 inserting 
                ``such database'';
                    (C) by striking ``for the purposes'' and inserting 
                ``for one of the purposes''; and
                    (D) by striking ``or to deny visas to persons 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 information 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.

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 consultation 
        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 facilitation 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 subparagraph 
                (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 national security;
                            ``(ii) identified by the Secretary of 
                        Homeland Security as a person of concern; or
                            ``(iii) applying for a visa in a visa 
                        category 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 Immigration and 
Nationality Act (8 U.S.C. 1202(h)(1)) is amended by inserting ``the 
alien is determined by the Secretary 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 Congress a report on the denial 
of visa applications without interview, including--
            (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 Immigration 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 regulations, 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 
        applicant administered by the consular officer.
    ``(b) Completion Requirement.--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 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 nonimmigrant or immigrant visa may be 
accepted by a consular officer if such document contains information in 
a foreign language, unless such document is accompanied by a full 
English translation, which the translator has certified 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 relating 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 application may not be approved unless 
all of the additional information requested is provided, or is shown to 
have been previously provided, in complete form and is provided on 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 petitions 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 advanced 
        analytics software to ensure the proactive detection of fraud 
        in immigration benefits applications and petitions and to 
        ensure that any such applicant or petitioner does not pose a 
        threat to national security.
            (2) Implementation of plan.--Not later than 1 year after 
        the date of the submission of the plan under paragraph (1), the 
        Secretary of Homeland 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 section 
                101(a)(27)(C) of such Act (8 U.S.C. 1101(a)(27)(C)).
                    (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 section 
                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 recommendations 
        on how to reduce the occurrence of instances of fraud 
        identified by the assessment.

SEC. 3112. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN 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''.

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 immigration official, to establish family 
relationships, the immigrant 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 National Crime 
Prevention and Privacy Compact Act of 1998 (34 U.S.C. 40316(V)(a)) is 
amended by inserting ``, except for diplomatic visa applications for 
which only full biographical information is required'' before the 
period at the end.

SEC. 3115. ELIMINATION OF SIGNED PHOTOGRAPH REQUIREMENT FOR VISA 
              APPLICATIONS.

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

SEC. 3116. ADDITIONAL FRAUD DETECTION AND PREVENTION.

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

     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

SEC. 4101. SHORT TITLE.

    This title may be cited as the ``Transnational Criminal 
Organization Illicit Spotter Prevention and Elimination 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 activities 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 Nationality 
Act), the Controlled Substances Act, or the Controlled 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.''.

SEC. 4103. UNLAWFULLY HINDERING IMMIGRATION, BORDER, AND CUSTOMS 
              CONTROLS.

    (a) Bringing in and Harboring of Certain Aliens.--Section 274(a) of 
the Immigration and Nationality 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 subsection, 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 Immigration and Nationality Act (8 U.S.C. 
1327) is amended--
            (1) by inserting after ``knowingly aids or assists'' 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 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 Controls.--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 section, 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, camera, 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 construct, excavate, or make any structure intended to 
        defeat, circumvent, or evade any such fence, barrier, sensor 
        camera, or other physical or electronic device deployed by the 
        Federal Government to control the border or a port of entry, by 
        a fine under this title or imprisonment for not more than 15 
        years, or both.
            ``(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 Improvements'' account, out of any amounts in the Treasury not 
otherwise appropriated, $23,400,000,000, to be available 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 detection 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--
                    (A) border security technology, including 
                surveillance technology, at and between ports of entry;
                    (B) new roads and improvements to existing roads;
                    (C) U.S. Border Patrol facilities and ports of 
                entry;
                    (D) aircraft, aircraft-based sensors and associated 
                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;
                    (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 specified in that subparagraph.
    (c) Availability of Border Security Investment 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;
                    (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 subparagraph.
            (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--Operations and 
                Support'' account only to the extent necessary to carry 
                out the purposes described in subsection (a)(2).
                    (B) Notification required.--The Secretary shall 
                notify the Committees on Appropriations of the Senate 
                and the House of Representatives not later than 30 days 
                before each such transfer.
    (d) Multi-Year Spending Plan.--The Secretary of Homeland Security 
shall include in the budget justification materials submitted in 
support of the President's annual 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 becomes 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 
detailed plan, prepared by the Commissioner of U.S. Customs and Border 
Protection, for the expenditure of such amount.
    (f) Quarterly Briefing Requirement.--Beginning not later than 180 
days after the date of the enactment of this Act, and quarterly 
thereafter, the Commissioner 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 section may be 
construed to limit the availability of funds made available by any 
other provision of law for carrying out the requirements of this Act or 
the amendments made by this Act. Any reference in this section to an 
appropriation 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 purposes 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 immigration 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 described in 
        paragraph (2) of section 203(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1153(c)(2)) may not be provided with 
        an immigrant visa or adjust 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 section 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 specifically 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 Nationality 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 section 
                102(a)(1) of the Higher Education Act of 1965 (20 
                U.S.C. 1002(a)(1)) except an institution described in 
                subparagraph (C) of such section;
                    (B) an elementary, primary, or secondary school 
                within the United States; or
                    (C) an educational program assisting students 
                either in obtaining a high school equivalency 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 specifically provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.
            (5) Sexual assault.--The term ``sexual assault'' 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 sexual abuse), section 
                2242 (relating to sexual abuse), or section 2243 
                (relating to sexual 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 nature 
                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 sexual exploitation of minors or 
                relating to material constituting or containing child 
                pornography) of title 18, United States Code; or
                    (D) conduct constituting the elements of any other 
                Federal or State sexual offense requiring a defendant, 
                if convicted, to register on a sexual offender registry 
                (except that this provision shall not apply to 
                convictions solely for urinating or defecating in 
                public).
            (6) Victim.--The term ``victim'' has the meaning given the 
        term in section 503(e) of the Victims' Rights and Restitution 
        Act of 1990 (42 U.S.C. 10607(e)).

SEC. 1102. CONTINGENT NONIMMIGRANT STATUS ELIGIBILITY AND APPLICATION.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary may grant contingent nonimmigrant 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 contingent 
        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 requirements 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 status;
                    (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 granted contingent nonimmigrant 
                status under this section;
                    (G) had no lawful immigration status on June 15, 
                2012; and
                    (H) has requested the release to the Department 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--
                            (i) is enrolled in, and is in regular full-
                        time attendance at, an educational institution 
                        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 recognized 
                        under State law (such as a general equivalency 
                        diploma, certificate of completion, or 
                        certificate of attendance).
                    (B) Evidence.--An alien shall demonstrate 
                compliance with clause (i) or (ii) of subparagraph (A) 
                by providing a valid certified transcript or diploma 
                from the educational institution 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--
                            (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 
                        misdemeanor 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 
                                section 2266 of title 18, United States 
                                Code); or
                                    (IV) the violation of a protection 
                                order (as such term is defined in 
                                section 2266 of title 18, United States 
                                Code);
                            (iv) one or more offenses classified as a 
                        misdemeanor in the convicting jurisdiction 
                        which involved driving while intoxicated 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 (excluding 
                        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 bodily 
                        injury); or
                            (vi) any offense under foreign law, except 
                        for a purely political offense, which, if the 
                        offense had been committed in the United 
                        States, would render the alien inadmissible 
                        under section 212(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1182(a)) 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--
                            (i) an offense relating to murder, 
                        manslaughter, homicide, rape (whether the 
                        victim was conscious or unconscious), statutory 
                        rape, or any offense of a sexual nature 
                        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));
                            (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 section 
                        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 victims (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);
                    (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 
                        permanent residence;
                            (ii) an alien admitted as a refugee under 
                        section 207 of the Immigration and Nationality 
                        Act (8 U.S.C. 1157), or granted asylum under 
                        section 208 of the Immigration 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, notwithstanding any 
                        unauthorized employment or other violation of 
                        nonimmigrant status;
                    (H) has failed to comply with the requirements of 
                any removal order or voluntary departure agreement;
                    (I) has been ordered removed in absentia pursuant 
                to section 240(b)(5)(A) of the Immigration and 
                Nationality Act (8 U.S.C. 1229a(b)(5)(A)), unless the 
                case has been reopened;
                    (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 poverty level throughout the 
                period of admission as a contingent nonimmigrant, 
                unless the alien has demonstrated that the alien is 
                enrolled in, and is in regular full-time attendance at, 
                an educational institution within the United States, 
                except that the requirement under this subparagraph 
                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 impairment 
                        to meet the requirement of such subparagraph; 
                        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 
                                disability or who has a serious injury 
                                or illness (as such term is defined in 
                                section 101(18) of the Family and 
                                Medical 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 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 Revenue Service; or
                    (L) has at any time been convicted of sexual 
                assault.
            (5) Treatment of certain breaks in presence.--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 considered to interrupt any period of continuous physical 
        presence.
    (c) Application Procedures.--
            (1) In general.--An alien may apply for contingent 
        nonimmigrant status by submitting a completed 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 nonimmigrant 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 
        Federal 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 application form 
                referred to in paragraph (1) shall collect such 
                information as the Secretary determines to be necessary 
                and appropriate in order to determine whether an alien 
                meets the eligibility 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 
                applicant under section 6103(e) of the Internal Revenue 
                Code of 1986 (26 U.S.C. 6103(e)), evidence of tax 
                refunds, and receipts of taxes paid.
                    (B) Interview.--The Secretary may conduct 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 requirements set forth in subsection (b).
            (4) Documentary requirements.--An application filed by an 
        alien under this section shall include the following:
                    (A) One or more of the following documents 
                demonstrating the alien's identity:
                            (i) A passport (or national identity 
                        document) from the alien's country of origin.
                            (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 Security.
                            (vi) A document issued by the Department 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 
                demonstrating that the alien satisfies the requirement 
                of subsection (b)(2)(C) and (E).
                    (C) A certified school transcript demonstrating 
                that the alien satisfies the requirements 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 processing fee 
                        authorized under clause (i) shall be set at a 
                        level that is, at a minimum, sufficient to 
                        recover the full costs of processing the 
                        application, including any costs incurred--
                                    (I) to adjudicate the application;
                                    (II) to take and process 
                                biometrics;
                                    (III) to perform national security 
                                and criminal checks;
                                    (IV) to prevent and investigate 
                                fraud; and
                                    (V) to administer the collection of 
                                such fee.
                            (iii) Deposit and use of processing 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 Security 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 Secretary of 
                        Homeland Security for the purposes 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 apprehended 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 (2) appears prima facie eligible for contingent 
        nonimmigrant status, to the satisfaction of the Secretary, the 
        Secretary--
                    (A) shall provide the alien with a reasonable 
                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 expeditious removal of the 
                alien is in the national security, 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 application period.--
                    (A) Aliens in removal proceedings.--Notwithstanding 
                any other provision of this division, 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 Office 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 application 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 
                                application.
                    (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. 
                1182(a)(6)(A)(i), 1227(a)(1)(B) or (C)), the Secretary 
                shall provide the alien with the opportunity to file an 
                application for contingent nonimmigrant status provided 
                that the alien has not failed to comply with any order 
                issued pursuant to section 239 or 240B of the 
                Immigration 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 contingent nonimmigrant status under 
                subsection (c) and ending on the date on which the 
                Secretary makes a determination regarding such 
                application, 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 
                        become, ineligible for contingent nonimmigrant 
                        status under subsection (b); or
                            (ii) the Secretary, in the Secretary's sole 
                        and unreviewable discretion, determines that 
                        removal of the alien is in the national 
                        security, public safety, or foreign policy 
                        interest of the United States.
            (8) Security and law enforcement clearances.--
                    (A) Biometric and biographic data.--The Secretary 
                may not grant contingent nonimmigrant status to an 
                alien under this section unless such alien submits 
                biometric and biographic data in accordance with 
                procedures established 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 Secretary shall 
                        collect, from each alien applying for status 
                        under this section, biometric, biographic, and 
                        other data that the Secretary 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.
                            (ii) Additional security screening.--The 
                        Secretary, in consultation with the Secretary 
                        of State and the heads of other agencies as 
                        appropriate, shall conduct 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 national 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 applicant 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 
        removal proceedings with respect to such a parent.
    (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 enactment of this Act, and that was issued 
        pursuant to the June 15, 2012, U.S. Department of Homeland 
        Security Memorandum entitled, ``Exercising Prosecutorial 
        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 nonimmigrant status, who 
        attains the age of 15 after the date of the enactment of this 
        Act, and who demonstrates economic necessity.

SEC. 1103. TERMS AND CONDITIONS OF CONDITIONAL NONIMMIGRANT 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
            (2) may be extended for additional 6-year terms if--
                    (A) the alien remains eligible for contingent 
                nonimmigrant status under paragraphs (1), (2), and (4) 
                of section 1102(b) (other than with regard to the 
                requirement under paragraph (4)(J) of such subsection);
                    (B) the alien again passes background checks 
                equivalent to the background checks described in 
                section 1102(c)(9); and
                    (C) such status was not revoked by the Secretary 
                for any reason.
    (b) Terms and Conditions of Contingent Nonimmigrant Status.--
            (1) Work authorization.--The Secretary shall grant 
        employment authorization to an alien granted contingent 
        nonimmigrant status who demonstrates economic necessity.
            (2) Travel outside the united states.--
                    (A) In general.--The status of a contingent 
                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 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 nonimmigrant's failure to return was 
                        due to extenuating circumstances beyond the 
                        individual's control or as part of the alien's 
                        active duty service in the Armed Forces of the 
                        United States; and
                            (ii) is otherwise admissible to the United 
                        States, except as provided in section 
                        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 program offered by an institution of 
                higher education (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 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 
        nonimmigrant shall not be treated as an individual who is, or 
        is reasonably expected to be, a citizen or national of the 
        United States or an alien lawfully present in the United 
        States.
            (4) Federal, state, and local public benefits.--For 
        purposes of title IV of the Personal Responsibility 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.--Section 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).''.
    (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 requirements 
                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.

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 inspected 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.--Administrative 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 appellate authority.--
        The Secretary shall establish or designate an appellate 
        authority to provide for a single level of administrative 
        appellate review of a determination with respect to 
        applications for status, extension of status, or revocation of 
        status under this division.
            (2) Single appeal for each administrative 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, pursuant to this subsection, of 
                each decision to deny or revoke such status.
                    (B) Notice of appeal.--A notice of appeal 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 appellate 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 application; and
                    (B) any additional newly discovered or previously 
                unavailable evidence.
    (c) Judicial Review.--
            (1) Applicable provisions.--Judicial review of an 
        administratively final denial or revocation of, 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 administrative 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 
        subsection, of each decision to deny or revoke such status.
            (3) Limitation on civil actions.--
                    (A) Class actions.--No court may certify 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 application for status under this 
                division.
                    (B) Requirements for an order granting prospective 
                relief against the government.--If a court determines 
                that prospective relief should be ordered against the 
                Government in any civil action pertaining to the 
                administration or enforcement of the application 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 
                        administration 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 remedy 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 Secretary or 
                        in a Federal court (whether in the same or 
                        another jurisdiction).

SEC. 1106. PENALTIES AND SIGNATURE REQUIREMENTS.

    (a) Penalties for False Statements in Applications.--Whoever files 
an initial or renewal application for contingent nonimmigrant status 
under this division and knowingly and willfully falsifies, 
misrepresents, conceals, or covers up a material fact or makes any 
false, fictitious, or fraudulent statements or representations, or 
makes or uses any false writing or document knowing the same to contain 
any false, fictitious, or fraudulent statement 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 signature shall be an original 
signature, including an electronically 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 division may be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any 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 Immigration 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 striking 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 paragraph (3);
                    (B) by striking subsection (e);
            (2) in section 203--
                    (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 ``subsection 
                (a), (b), or (c)'' and inserting ``subsection (a) or 
                (b)'';
                    (C) in subsection (e), by striking paragraph (2);
                    (D) in subsection (f), by striking ``subsection 
                (a), (b), or (c) of this section'' and inserting 
                ``subsection (a) or (b)'';
                    (E) in subsection (g), by striking ``subsections 
                (a), (b), and (c)'' and inserting ``subsections (a) and 
                (b)''; and
                    (F) in subsection (h)(2)(B), by striking 
                ``subsection (a), (b), or (c)'' and inserting 
                ``subsection (a) or (b)''; and
            (3) in section 204(a)(1), by striking subparagraph (I).
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2019.

SEC. 2102. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.

    (a) In General.--Section 202(a)(2) of the Immigration 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 inserting ``(3) 
        and (4),'';
            (3) by striking ``subsections (a) and (b) of section 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 subsections 
        (a) and (b) of section 203'' and inserting ``section 203(a)'';
            (2) in subsection (a)(4), by striking subparagraph (D);
            (3) by striking subsection (a)(5); and
            (4) by amending subsection (e) to read as follows:
    ``(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 allocated (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.--
            (1) In general.--Subject to the succeeding paragraphs of 
        this subsection and notwithstanding title II of the Immigration 
        and Nationality Act (8 U.S.C. 1151 et seq.), the following 
        rules shall apply:
                    (A) For fiscal year 2019, 15 percent of 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)) shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2018 under such paragraphs.
                    (B) For fiscal year 2020, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent area that was 
                not one of the two states with the largest aggregate 
                numbers of natives obtaining immigrant visas during 
                fiscal year 2019 under such paragraphs.
                    (C) For fiscal year 2021, 10 percent of the 
                immigrant visas made available under each of such 
                paragraphs shall be allotted to immigrants who are 
                natives of a foreign state or dependent 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 appropriate fiscal year may not exceed 25 
                percent (in the case of a single foreign state) or 2 
                percent (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 
                percent shall be allotted to immigrants who are natives 
                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 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 without regard to paragraphs (1) and (2) of this 
        subsection.
            (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 Immigration 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--
                    (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 
                        redesignating the second subclause (I) as 
                        subclause (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 subsection (d)(11), by striking 
        ``(other than paragraph (4) thereof)''.
            (3) Rules for determining whether certain 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
                    (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, adjudicate, 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 enactment 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 adjustment 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 Secretary 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 
                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 applicants.--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 availability of visas 
        allocated to that category for fiscal year 2019.

SEC. 2104. ALLOCATION OF IMMIGRANT VISAS FOR CONTINGENT 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 following:
    ``(c) Adjustment for Contingent Nonimmigrants and Children of 
Certain Nonimmigrants.--
            ``(1) In general.--Aliens subject to the worldwide 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 admitted 
                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 period 
                        prior to the date of the enactment of the 
                        Border Security and Immigration Reform Act of 
                        2018; and
                            ``(ii) continuous physical presence in the 
                        United States (except in accordance 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 recognized 
                        under State law (such as a general equivalency 
                        diploma, certificate of completion, or 
                        certificate of attendance).
                            ``(iii) 8 points for an associate's degree 
                        (or the equivalent) from a foreign institution 
                        that is comparable to an institution of higher 
                        education in the United States.
                            ``(iv) 10 points for an associate's degree 
                        from an institution of higher education in the 
                        United States.
                            ``(v) 12 points for a bachelor's degree (or 
                        the equivalent) from a foreign institution 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 Innovation and 
                        Opportunity Act (29 U.S.C. 3102), including a 
                        certificate of completion of an apprenticeship 
                        (including an apprenticeships registered under 
                        the Act of August 16, 1937 (commonly known as 
                        the `National Apprenticeship Act'; 50 Stat. 
                        664, chapter 663; 29 U.S.C. 50 et seq.)), 
                        except that such term does not include an 
                        associate's or bachelor's degree).
                            ``(vii) 15 points for a bachelor's degree 
                        from an institution of higher education in the 
                        United States.
                            ``(viii) 15 points for a graduate or 
                        professional degree (or the equivalent) from a 
                        foreign institution that is comparable to an 
                        institution of higher education 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 
                        professional 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 mathematics.
                            ``(xii) 24 points for a degree described in 
                        clause (viii) or (x), which is in a field of 
                        science, technology, engineering, or 
                        mathematics.
                            ``(xiii) 26 points for a doctoral degree 
                        (or the equivalent) from a foreign institution 
                        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 institution of 
                        higher education in the United States.
                            ``(xvii) 34 points for a degree described 
                        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.
                            ``(xix) 40 points for a degree described 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 subparagraph (A) for the lowest 
                degree that is required 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 
                require a diploma or degree described in subparagraph 
                (A)(ii). A single period of not more than 2 weeks 
                during which a petitioner is unemployed, but is in 
                receipt of a job offer, shall not be considered to 
                interrupt a period of employment.
                    ``(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 
                discharged, received a discharge other than 
                dishonorable.
                    ``(D) English language proficiency.--A petitioner 
                shall be awarded points for English proficiency equal 
                to the highest of the following for which the 
                petitioner is eligible:
                            ``(i) 2 points for a score in the 5th 
                        decile on an English language proficiency test.
                            ``(ii) 6 points for a score in the 6th 
                        decile on an English language proficiency test.
                            ``(iii) 7 points for a score in the 7th 
                        decile on an English language proficiency test.
                            ``(iv) 8 points for a score in the 8th 
                        decile on an English language proficiency test.
                            ``(v) 9 points for a score in the 9th 
                        decile on an English language proficiency test.
                            ``(vi) 10 points for a score in the 10th 
                        decile on an English language proficiency test.
            ``(4) Total point score; subsequent submissions; 
        verification.--
                    ``(A) Total point score.--The total point score for 
                a petitioner is equal to sum of the points awarded 
                under each of subparagraphs (A), (B), (C), and (D) of 
                paragraph (3).
                    ``(B) Subsequent submissions.--The alien may amend 
                the petition under this subsection at any point after 
                the initial filing to provide information for purposes 
                of new point awards for which the alien may be 
                eligible.
                    ``(C) Duration of petition validity.--A petition 
                under this subsection shall be valid--
                            ``(i) in the case of a petition that is 
                        denied, the date of such denial; or
                            ``(ii) in the case of a petition that is 
                        granted, the date on which a visa has been 
                        issued pursuant to such petition.
                    ``(D) Verification.--Prior to the issuance of any 
                visa under this subsection, the Secretary shall verify 
                that the information in the petition remains accurate 
                as of the time of the visa issuance.
                    ``(E) Clarification.--A petition may not be denied 
                for the failure of a petitioner to attain the minimum 
                number of points required under subsection (e)(2).
            ``(5) Definitions.--
                    ``(A) English language proficiency test.--The term 
                `English language proficiency test' means any test to 
                measure English proficiency that has been approved by 
                the Director of U.S. Citizenship and Immigration 
                Services, in consultation with the Secretary of 
                Education.
                    ``(B) Field of science, technology, engineering, or 
                mathematics.--The term `field of science, technology, 
                engineering, or mathematics' means a field included in 
                the Department of Education's Classification of 
                Instructional Programs taxonomy within the summary 
                groups of computer and information sciences and support 
                services, engineering, biological and biomedical 
                sciences, mathematics and statistics, physical 
                sciences, and the series geography and cartography 
                (series 45.07), advanced/graduate dentistry and oral 
                sciences (series 51.05) and nursing (series 51.38).
                    ``(C) High school.--The term `high school' has the 
                meaning given such term in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801).
                    ``(D) Institution of higher education.--The term 
                `institution of higher education' has the meaning given 
                that term in section 102(a)(1) of the Higher Education 
                Act of 1965 (20 U.S.C. 1002(a)(1)), except that such 
                term does not include an institution outside the United 
                States described in subparagraph (C) of such section.
                    ``(E) Covered institution.--The term `covered 
                institution' means an institution that--
                            ``(i) is an institution of higher 
                        education;
                            ``(ii) as classified by the Carnegie 
                        Foundation for the Advancement of Teaching on 
                        January 1, 2019, as a doctorate-granting 
                        university with a very high or high level of 
                        research activity or classified by the National 
                        Science Foundation after the date of enactment 
                        of this paragraph, pursuant to an application 
                        by the institution, as having equivalent 
                        research activity to those institutions that 
                        had been classified by the Carnegie Foundation 
                        as being doctorate-granting universities with a 
                        very high or high level of research activity; 
                        and
                            ``(iii) has been in existence for at least 
                        10 years.
                    ``(F) Full-time.--The term `full-time' means--
                            ``(i) in the case of an individual who is 
                        not described in clause (ii), not less than 35 
                        hours per week; or
                            ``(ii) in the case of an individual who is 
                        enrolled in and is in regular attendance at a 
                        high school or institution of education within 
                        the United States, or who 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 
                                disability or who has a serious injury 
                                or illness (as such term is defined in 
                                section 101(18) of the Family and 
                                Medical Leave Act of 1993 (29 U.S.C. 
                                2611(18))),
                        not less than 20 hours per week.''; and
            (2) in subsection (e), by inserting after paragraph (1), 
        the following:
            ``(2) Immigrant visas made available under subsection (c) 
        shall be issued in accordance with the following:
                    ``(A) The Secretary of Homeland Security shall, 
                periodically but not less than once each fiscal year, 
                make final determinations with regard to that period of 
                the point values allocated to applicants in accordance 
                with subsection (c)(3) through (5).
                    ``(B) The Secretary shall first determine the 
                applicant who is described under subsection (c)(2) who 
                is the son or daughter of an alien admitted under 
                section 101(a)(15)(E)(i) or (ii) and who has the 
                highest total point score greater than 12 calculated 
                for that period under subsection (c)(4)(A) of all such 
                applicants, and shall issue a visa to such applicant.
                    ``(C) The Secretary shall next determine the 
                applicant who is described under subsection (c)(2) who 
                is the son or daughter of an alien admitted under 
                section 101(a)(15)(H)(i)(b) and who has the highest 
                total point score greater than 12 calculated for that 
                period under subsection (c)(4)(A) of all such 
                applicants, and shall issue a visa to such applicant.
                    ``(D) The Secretary shall next determine the 
                applicant who is described under subsection (c)(2) who 
                is the son or daughter of an alien admitted under 
                section 101(a)(15)(L) and who has the highest total 
                point score greater than 12 calculated for that period 
                under subsection (c)(4)(A) of all such applicants, and 
                shall issue a visa to such applicant.
                    ``(E) The Secretary shall next determine the 
                applicant who is described under subsection (c)(2) who 
                is a contingent nonimmigrant and who has the highest 
                total point score greater than 12 calculated for that 
                period under subsection (c)(4)(A) of all such 
                applicants, and shall issue a visa to such applicant.
                    ``(F) The Secretary shall then repeat the process 
                specified in subparagraphs (B) through (E) until all 
                visas made available for that period have been issued. 
                If no applicants remain for any such category, the 
                Secretary shall exclude that category from further 
                consideration for that period.
                    ``(G) In any case in which more than one petitioner 
                in a category under this paragraph has the same total 
                point score, the Secretary shall issue the visa to the 
                applicant whose petition was filed earliest.
                    ``(H) No petitioner with a total point score which 
                is less than 12 may be issued a visa under this 
                paragraph.''.
    (b) Worldwide Level.--Section 201 of the Immigration and 
Nationality Act (8 U.S.C. 1151), as amended by this title, is further 
amended--
            (1) in subsection (a), by inserting after paragraph (2) the 
        following:
            ``(3) for fiscal years beginning with fiscal year 2025, 
        immigrants who are aliens described in section 203(c) in a 
        number not to exceed in any fiscal year the number specified in 
        subsection (e) for that year, and not to exceed in any of the 
        first 3 quarters of any fiscal year 27 percent of the worldwide 
        level under such subsection for all of such fiscal year.''.
            (2) by inserting after subsection (d) the following:
    ``(e) Worldwide Level for Contingent Nonimmigrants and Certain 
Children of Nonimmigrants.--
            ``(1) In general.--The worldwide level of immigrants who 
        may receive a visa under section 203(c) is equal to--
                    ``(A) 470,400 for fiscal year 2025; and
                    ``(B) for each fiscal year thereafter, any visas 
                under this subsection for the prior fiscal year that 
                are unused, plus the lesser of--
                            ``(i) 78,400; and
                            ``(ii) the number calculated under 
                        paragraph (3) for the fiscal year.
            ``(2) Calculation of total eligible pool.--The number 
        calculated under this paragraph is equal to--
                    ``(A) the number of applications received by the 
                Secretary under section 1102(c) of division B of the 
                Border Security and Immigration Reform Act of 2018 
                during the application period set forth in such 
                section, plus
                    ``(B) the number of petitions filed by an alien 
                described in section 203(c)(2) during the period set 
                forth in section 204(a)(1)(I)(ii)(II).
            ``(3) Number of visas remaining to be place in escrow.--The 
        number calculated under this paragraph for a fiscal year is 
        equal to the number calculated under paragraph (2), less the 
        total number of visas issued under section 203(c) during the 
        period beginning on October 1, 2024 and ending on the last day 
        of the prior fiscal year.''.
    (c) Procedure for Granting Immigrant Status.--Section 204(a)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), as amended 
by this title, is further amended by inserting after subparagraph (H) 
the following:
                    ``(I)(i) A contingent nonimmigrant or an alien 
                described in section 203(c)(2) desiring to be provided 
                an immigrant visa under section 203(c) (including such 
                an alien who is under 18 years of age) may file a 
                petition during the period described in clause (ii) at 
                the place determined by the Secretary of Homeland 
                Security by regulation.
                    ``(ii)(I) A contingent nonimmigrant may file a 
                petition for an immigrant visa under section 203(c) 
                during the period beginning on the date on which the 
                alien obtained contingent nonimmigrant status under 
                section 1103(a) of the Border Security and Immigration 
                Reform Act of 2018, and ending on the date that is 5 
                years after such date.
                    ``(II) An alien described in section 203(c)(2) may 
                file a petition for an immigrant visa under section 
                203(c) during the period beginning on October 1, 2019, 
                and ending on October 1, 2020. Such an alien may file 
                such a petition from outside the United States.''.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 2019.

SEC. 2105. SUNSET OF ADJUSTMENT VISAS FOR CONDITIONAL NONIMMIGRANTS AND 
              CHILDREN OF CERTAIN NONIMMIGRANTS.

    (a) Sunset.--
            (1) In general.--Section 203 of the Immigration and 
        Nationality Act (8 U.S.C. 1153) is amended by striking 
        subsection (c).
            (2) Technical and conforming amendments.--The Immigration 
        and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
                    (A) in section 201--
                            (i) in subsection (a)--
                                    (I) in paragraph (1), by adding 
                                ``and'' at the end; and
                                    (II) by striking paragraph (3); and
                            (ii) by striking subsection (e);
                    (B) in section 203(e), by striking paragraph (2) 
                and redesignating paragraph (3) as paragraph (2); and
                    (C) in section 204--
                            (i) in subsection (a)(1), by striking 
                        subparagraph (I); and
                            (ii) in subsection (e), by striking 
                        ``subsection (a), (b), or (c) of section 203'' 
                        and inserting ``subsection (a) or (b) of 
                        section 203''.
            (3) Effective date.--This subsection and the amendments 
        made by this subsection shall take effect on the first day of 
        the first full fiscal year beginning after September 30, 2025 
        and after the date on which no alien has a petition for an 
        immigrant visa or adjustment of status under section 203(c) of 
        the Immigration and Nationality Act (8 U.S.C. 1153(c)), or any 
        appeal pertaining to such petition, pending.
            (4) Escrow for pending applications.--
                    (A) In general.--On the date of the effective date 
                of this subsection, a number of immigrant visas equal 
                to any visas under section 203(c)(2) for the prior 
                fiscal year that are unused shall be made available for 
                award to covered aliens in accordance with section 
                203(c) of the Immigration and Nationality Act, as in 
                effect on the date that is 1 day prior to the effective 
                date of this subsection.
                    (B) Covered alien.--For purposes of this paragraph, 
                the term ``covered alien'' means an alien who--
                            (i) on the date on which the application 
                        period under section 204(a)(1)(I) of the 
                        Immigration and Nationality Act, as in effect 
                        on the day prior to the effective date of this 
                        subsection, ended had an application pending 
                        for contingent nonimmigrant status; and
                            (ii) was granted contingent nonimmigrant 
                        status on or after the effective date of this 
                        subsection.
    (b) Reallocation of 4th Priority Family Visas to Employment 
Categories.--
            (1) Worldwide level of employment-based immigrants.--
        Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 
        1151(d)) is amended to read as follows:
    ``(d) Worldwide Level of Employment-based Immigrants.--The 
worldwide level of employment-based immigrants under this subsection 
for a fiscal year is equal to 205,000 (except that for fiscal year 
2020, such level is equal to 204,100).''.
            (2) Preference allocation for employment-based 
        immigrants.--Section 203(b) of the Immigration and Nationality 
        Act (8 U.S.C. 1153(b)) is amended--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``28.6 percent of such 
                worldwide level'' and inserting ``60,040 (except that 
                for fiscal year 2020, such number is equal to 
                59,740)'';
                    (B) in paragraph (2)(A), by striking ``28.6 percent 
                of such worldwide level'' and inserting ``60,040 
                (except that for fiscal year 2020, such number is equal 
                to 59,740)'';
                    (C) in paragraph (3)(A), by striking ``28.6 percent 
                of such worldwide level'' and inserting ``60,040 
                (except that for fiscal year 2020, such number is equal 
                to 59,740)'';
                    (D) in paragraph (4), by striking ``7.1 percent of 
                such worldwide level'' and inserting ``14,940''; and
                    (E) in paragraph (5)(A), by striking ``7.1 percent 
                of such worldwide level'' and inserting ``9,940''.
            (3) Effective date.--This subsection and the amendments 
        made by this subsection shall take effect beginning on October 
        1, 2019.

SEC. 2106. IMPLEMENTATION.

    Not later than September 30, 2019, the Secretary of Homeland 
Security shall publish interim final rules implementing this title and 
the amendments made by this title.

SEC. 2107. REPEAL OF SUSPENSION OF DEPORTATION AND ADJUSTMENT OF STATUS 
              FOR CERTAIN ALIENS.

    (a) Repeal of Temporary Reduction of Visas.--Section 203 of the 
Nicaraguan Adjustment and Central American Relief Act is amended--
            (1) by striking subsection (d) (8 U.S.C. 1151 note); and
            (2) by striking subsection (e) (8 U.S.C. 1153 note).
    (b) Repeal of Certain Transition Rule.--Section 309 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 
104-208; division C; 8 U.S.C. 1101 note) is amended--
            (1) in subsection (c)(5), by striking subparagraph (C);
            (2) by striking subsection (f);
            (3) by striking subsection (g); and
            (4) by striking subsection (h).
    (c) Repeal of Exception for Certain Aliens From Annual Limitation 
on Cancellation of Removals.--Paragraph (3) of section 240A(e) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(e)) is amended to read 
as follows:
            ``(3) Exception for certain aliens.--Paragraph (1) shall 
        not apply to aliens in deportation proceedings prior to April 
        1, 1997, who applied for suspension of deportation under 
        section 244(a)(3) (as in effect before the date of the 
        enactment of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996).''.
    (d) Transition Rule.--The amendments made by this section shall 
take effect on October 1, 2019.

     TITLE III--UNACCOMPANIED ALIEN CHILDREN; INTERIOR IMMIGRATION 
                              ENFORCEMENT

SEC. 3101. REPATRIATION OF UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Section 235 of the William Wilberforce 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)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``who is a national or 
                                habitual resident of a country that is 
                                contiguous with the United States'';
                                    (II) in clause (i), by inserting 
                                ``and'' at the end;
                                    (III) in clause (ii), by striking 
                                ``; and'' and inserting a period; and
                                    (IV) by striking clause (iii);
                            (iii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``(8 U.S.C. 1101 et 
                                seq.) may--'' and inserting ``(8 U.S.C. 
                                1101 et seq.)--'';
                                    (II) in clause (i), by inserting 
                                before ``permit such child to 
                                withdraw'' the following: ``may''; and
                                    (III) in clause (ii), by inserting 
                                before ``return such child'' the 
                                following: ``shall''; and
                            (iv) in subparagraph (C)--
                                    (I) by amending the heading to read 
                                as follows: ``Agreements with foreign 
                                countries.--''; and
                                    (II) in the matter preceding clause 
                                (i), by striking ``The Secretary of 
                                State shall negotiate agreements 
                                between the United States and countries 
                                contiguous to the United States'' and 
                                inserting ``The Secretary of State may 
                                negotiate agreements between the United 
                                States and any foreign country that the 
                                Secretary determines appropriate'';
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively, and inserting 
                after paragraph (2) the following:
            ``(3) Special rules for interviewing unaccompanied alien 
        children.--An unaccompanied alien child shall be interviewed by 
        a dedicated U.S. Citizenship and Immigration Services 
        immigration officer with specialized training in interviewing 
        child trafficking victims. Such officer shall be in plain 
        clothes and shall not carry a weapon. The interview shall occur 
        in a private room.''; and
                    (C) in paragraph (6)(D) (as so redesignated)--
                            (i) in the matter preceding clause (i), by 
                        striking ``, except for an unaccompanied alien 
                        child from a contiguous country subject to 
                        exceptions under subsection (a)(2),'' and 
                        inserting ``who does not meet the criteria 
                        listed in paragraph (2)(A)''; and
                            (ii) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, which 
                        shall include a hearing before an immigration 
                        judge not later than 14 days after being 
                        screened under paragraph (4)'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        before the semicolon the following: ``believed 
                        not to meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                            (ii) in subparagraph (B), by inserting 
                        before the period the following: ``and does not 
                        meet the criteria listed in subsection 
                        (a)(2)(A)''; and
                    (B) in paragraph (3), by striking ``an 
                unaccompanied alien child in custody shall'' and all 
                that follows, and inserting the following: ``an 
                unaccompanied alien child in custody--
                    ``(A) in the case of a child who does not meet the 
                criteria listed in subsection (a)(2)(A), shall transfer 
                the custody of such child to the Secretary of Health 
                and Human Services not later than 30 days after 
                determining that such child is an unaccompanied alien 
                child who does not meet such criteria; or
                    ``(B) in the case of child who meets the criteria 
                listed in subsection (a)(2)(A), may transfer the 
                custody of such child to the Secretary of Health and 
                Human Services after determining that such child is an 
                unaccompanied alien child who meets such criteria.''; 
                and
            (3) in subsection (c)--
                    (A) in paragraph (3), by inserting at the end the 
                following:
                    ``(D) Information about individuals with whom 
                children are placed.--
                            ``(i) Information to be provided to 
                        homeland security.--Before placing a child with 
                        an individual, the Secretary of Health and 
                        Human Services shall provide to the Secretary 
                        of Homeland Security, regarding the individual 
                        with whom the child will be placed, the 
                        following information:
                                    ``(I) The name of the individual.
                                    ``(II) The social security number 
                                of the individual, if available.
                                    ``(III) The date of birth of the 
                                individual.
                                    ``(IV) The location of the 
                                individual's residence where the child 
                                will be placed.
                                    ``(V) The immigration status of the 
                                individual, if known.
                                    ``(VI) Contact information for the 
                                individual.
                            ``(ii) Special rule.--In the case of a 
                        child who was apprehended on or after the 
                        effective date of this clause, and before the 
                        date of the enactment of this subparagraph, who 
                        the Secretary of Health and Human Services 
                        placed with an individual, the Secretary shall 
                        provide the information listed in clause (i) to 
                        the Secretary of Homeland Security not later 
                        than 90 days after such date of enactment.''; 
                        and
                    (B) in paragraph (5)--
                            (i) by inserting after ``to the greatest 
                        extent practicable'' the following: ``(at no 
                        expense to the Government)''; and
                            (ii) by striking ``have counsel to 
                        represent them'' and inserting ``have access to 
                        counsel to represent them''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any unaccompanied alien child apprehended on or after the date 
of enactment.

SEC. 3102. CLARIFICATION OF STANDARDS FOR FAMILY DETENTION.

    (a) In General.--Section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is 
amended by adding at the end the following:
    ``(j) Construction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, judicial determination, consent decree, or settlement 
        agreement, the detention of any alien child who is not an 
        unaccompanied alien child shall be governed by sections 217, 
        235, 236, and 241 of the Immigration and Nationality Act (8 
        U.S.C. 1187, 1225, 1226, and 1231). There exists no presumption 
        that an alien child who is not an unaccompanied alien child 
        should not be detained, and all such determinations shall be in 
        the discretion of the Secretary of Homeland Security.
            ``(2) Release of minors other than unaccompanied aliens.--
        In no circumstances shall an alien minor who is not an 
        unaccompanied alien child be released by the Secretary of 
        Homeland Security other than to a parent or legal guardian.
            ``(3) Family detention.--The Secretary of Homeland Security 
        shall--
                    ``(A) maintain the care and custody of an alien, 
                during the period during which the charges described in 
                clause (i) are pending, who--
                            ``(i) is charged only with a misdemeanor 
                        offense under section 275(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1325(a)); and
                            ``(ii) entered the United States with the 
                        alien's child who has not attained 18 years of 
                        age; and
                    ``(B) detain the alien with the alien's child.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all actions that occur before, on, or after the date of the enactment 
of this Act.
    (c) Preemption of State Licensing Requirements.--Notwithstanding 
any other provision of law, judicial determination, consent decree, or 
settlement agreement, no State may require that an immigration 
detention facility used to detain children who have not attained 18 
years of age, or families consisting of one or more of such children 
and the parents or legal guardians of such children, that is located in 
that State, be licensed by the State or any political subdivision 
thereof.

SEC. 3103. DETENTION OF DANGEROUS ALIENS.

    Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of the following:
                            ``(i) The date the order of removal becomes 
                        administratively final.
                            ``(ii) If the alien is not in the custody 
                        of the Secretary on the date the order of 
                        removal becomes administratively final, the 
                        date the alien is taken into such custody.
                            ``(iii) If the alien is detained or 
                        confined (except under an immigration process) 
                        on the date the order of removal becomes 
                        administratively final, the date the alien is 
                        taken into the custody of the Secretary, after 
                        the alien is released from such detention or 
                        confinement.'';
            (3) in paragraph (1), by amending subparagraph (C) to read 
        as follows:
                    ``(C) Suspension of period.--
                            ``(i) Extension.--The removal period shall 
                        be extended beyond a period of 90 days and the 
                        Secretary may, in the Secretary's sole 
                        discretion, keep the alien in detention during 
                        such extended period if--
                                    ``(I) the alien fails or refuses to 
                                make all reasonable efforts to comply 
                                with the removal order, or to fully 
                                cooperate with the Secretary's efforts 
                                to establish the alien's identity and 
                                carry out the removal order, including 
                                making timely application in good faith 
                                for travel or other documents necessary 
                                to the alien's departure or conspires 
                                or acts to prevent the alien's removal 
                                that is subject to an order of removal;
                                    ``(II) a court, the Board of 
                                Immigration Appeals, or an immigration 
                                judge orders a stay of removal of an 
                                alien who is subject to an 
                                administratively final order of 
                                removal;
                                    ``(III) the Secretary transfers 
                                custody of the alien pursuant to law to 
                                another Federal agency or a State or 
                                local government agency in connection 
                                with the official duties of such 
                                agency; or
                                    ``(IV) a court or the Board of 
                                Immigration Appeals orders a remand to 
                                an immigration judge or the Board of 
                                Immigration Appeals, during the time 
                                period when the case is pending a 
                                decision on remand (with the removal 
                                period beginning anew on the date that 
                                the alien is ordered removed on 
                                remand).
                            ``(ii) Renewal.--If the removal period has 
                        been extended under subparagraph (C)(i), a new 
                        removal period shall be deemed to have begun on 
                        the date--
                                    ``(I) the alien makes all 
                                reasonable efforts to comply with the 
                                removal order, or to fully cooperate 
                                with the Secretary's efforts to 
                                establish the alien's identity and 
                                carry out the removal order;
                                    ``(II) the stay of removal is no 
                                longer in effect; or
                                    ``(III) the alien is returned to 
                                the custody of the Secretary.
                            ``(iii) Mandatory detention for certain 
                        aliens.--In the case of an alien described in 
                        subparagraphs (A) through (D) of section 
                        236(c)(1), the Secretary shall keep that alien 
                        in detention during the extended period 
                        described in clause (i).
                            ``(iv) Sole form of relief.--An alien may 
                        seek relief from detention under this 
                        subparagraph only by filing an application for 
                        a writ of habeas corpus in accordance with 
                        chapter 153 of title 28, United States Code. No 
                        alien whose period of detention is extended 
                        under this subparagraph shall have the right to 
                        seek release on bond.'';
            (4) in paragraph (3)--
                    (A) by adding after ``If the alien does not leave 
                or is not removed within the removal period'' the 
                following: ``or is not detained pursuant to paragraph 
                (6) of this subsection''; and
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities that the Secretary 
                prescribes for the alien, in order to prevent the alien 
                from absconding, for the protection of the community, 
                or for other purposes related to the enforcement of the 
                immigration laws.'';
            (5) in paragraph (4)(A), by striking ``paragraph (2)'' and 
        inserting ``subparagraph (B)''; and
            (6) by striking paragraph (6) and inserting the following:
            ``(6) Additional rules for detention or release of certain 
        aliens.--
                    ``(A) Detention review process for cooperative 
                aliens established.--For an alien who is not otherwise 
                subject to mandatory detention, who has made all 
                reasonable efforts to comply with a removal order and 
                to cooperate fully with the Secretary of Homeland 
                Security's efforts to establish the alien's identity 
                and carry out the removal order, including making 
                timely application in good faith for travel or other 
                documents necessary to the alien's departure, and who 
                has not conspired or acted to prevent removal, the 
                Secretary shall establish an administrative review 
                process to determine whether the alien should be 
                detained or released on conditions. The Secretary shall 
                make a determination whether to release an alien after 
                the removal period in accordance with subparagraph (B). 
                The determination shall include consideration of any 
                evidence submitted by the alien, and may include 
                consideration of any other evidence, including any 
                information or assistance provided by the Secretary of 
                State or other Federal official and any other 
                information available to the Secretary of Homeland 
                Security pertaining to the ability to remove the alien.
                    ``(B) Authority to detain beyond removal period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of the 
                        Secretary's sole discretion, may continue to 
                        detain an alien for 90 days beyond the removal 
                        period (including any extension of the removal 
                        period as provided in paragraph (1)(C)). An 
                        alien whose detention is extended under this 
                        subparagraph shall have no right to seek 
                        release on bond.
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the exercise 
                        of the Secretary's sole discretion, may 
                        continue to detain an alien beyond the 90 days 
                        authorized in clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary, in the Secretary's 
                                sole discretion, determines that there 
                                is a significant likelihood that the 
                                alien--
                                            ``(aa) will be removed in 
                                        the reasonably foreseeable 
                                        future; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the alien's identity 
                                        and carry out the removal 
                                        order, including making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary to the alien's 
                                        departure, or conspires or acts 
                                        to prevent removal;
                                    ``(II) until the alien is removed, 
                                if the Secretary of Homeland Security 
                                certifies in writing--
                                            ``(aa) in consultation with 
                                        the Secretary of Health and 
                                        Human Services, that the alien 
                                        has a highly contagious disease 
                                        that poses a threat to public 
                                        safety;
                                            ``(bb) after receipt of a 
                                        written recommendation from the 
                                        Secretary of State, that 
                                        release of the alien is likely 
                                        to have serious adverse foreign 
                                        policy consequences for the 
                                        United States;
                                            ``(cc) based on information 
                                        available to the Secretary of 
                                        Homeland Security (including 
                                        classified, sensitive, or 
                                        national security information, 
                                        and without regard to the 
                                        grounds upon which the alien 
                                        was ordered removed), that 
                                        there is reason to believe that 
                                        the release of the alien would 
                                        threaten the national security 
                                        of the United States; or
                                            ``(dd) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        either (AA)--

                                                    ``(AA) the alien 
                                                has been convicted of 
                                                (aaa) one or more 
                                                aggravated felonies (as 
                                                defined in section 
                                                101(a)(43)(A)), (bbb) 
                                                one or more crimes 
                                                identified by the 
                                                Secretary of Homeland 
                                                Security by regulation, 
                                                if the aggregate term 
                                                of imprisonment for 
                                                such crimes is at least 
                                                5 years, or (ccc) one 
                                                or more attempts or 
                                                conspiracies to commit 
                                                any such aggravated 
                                                felonies or such 
                                                identified crimes, if 
                                                the aggregate term of 
                                                imprisonment for such 
                                                attempts or 
                                                conspiracies is at 
                                                least 5 years; or

                                                    ``(BB) the alien 
                                                has committed one or 
                                                more violent crimes (as 
                                                referred to in section 
                                                101(a)(43)(F), but not 
                                                including a purely 
                                                political offense) and, 
                                                because of a mental 
                                                condition or 
                                                personality disorder 
                                                and behavior associated 
                                                with that condition or 
                                                disorder, the alien is 
                                                likely to engage in 
                                                acts of violence in the 
                                                future; or

                                    ``(III) pending a certification 
                                under subclause (II), so long as the 
                                Secretary of Homeland Security has 
                                initiated the administrative review 
                                process not later than 30 days after 
                                the expiration of the removal period 
                                (including any extension of the removal 
                                period, as provided in paragraph 
                                (1)(C)).
                            ``(iii) No right to bond hearing.--An alien 
                        whose detention is extended under this 
                        subparagraph shall have no right to seek 
                        release on bond, including by reason of a 
                        certification under clause (ii)(II).
                    ``(C) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (B)(ii)(II) every 6 months, after 
                        providing an opportunity for the alien to 
                        request reconsideration of the certification 
                        and to submit documents or other evidence in 
                        support of that request. If the Secretary does 
                        not renew a certification, the Secretary may 
                        not continue to detain the alien under 
                        subparagraph (B)(ii)(II).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in item (bb), (cc), or 
                        (dd) of subparagraph (B)(ii)(II) below the 
                        level of the Director of Immigration and 
                        Customs Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General 
                        or the Attorney General's designee provide for 
                        a hearing to make the determination described 
                        in item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(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 
                Secretary's discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(E) Redetention.--The Secretary of Homeland 
                Security, in the exercise of the Secretary's 
                discretion, without any limitations other than those 
                specified in this section, may again detain any alien 
                subject to a final removal order who is released from 
                custody, if removal becomes likely in the reasonably 
                foreseeable 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 returned to custody pursuant to this 
                subparagraph, as if the removal period terminated on 
                the day of the redetention.
                    ``(F) Review of determinations by secretary.--A 
                determination by the Secretary under this paragraph 
                shall not be subject to review by any other agency.''.

SEC. 3104. DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as follows:
            ``(43) Notwithstanding any other provision of law, the term 
        `aggravated felony' means any offense, whether in violation of 
        Federal, State, or foreign law, that is described in this 
        paragraph. An offense described in this paragraph is--
                    ``(A) homicide (including murder in any degree, 
                manslaughter, and vehicular manslaughter), rape 
                (whether the victim was conscious or unconscious), 
                statutory rape, sexual assault or battery, or any 
                offense of a sexual nature involving an intended victim 
                under the age of 18 years (including offenses in which 
                the intended victim was a law enforcement officer);
                    ``(B)(i) illicit trafficking in a controlled 
                substance (as defined in section 102 of the Controlled 
                Substances Act), including a drug trafficking crime (as 
                defined in section 924(c) of title 18, United States 
                Code); or
                    ``(ii) any offense under State law relating to a 
                controlled substance (as so classified under State law) 
                which is classified as a felony in that State 
                regardless of whether the substance is classified as a 
                controlled substance under section 102 of the 
                Controlled Substances Act (21 U.S.C. 802);
                    ``(C) illicit trafficking in firearms or 
                destructive devices (as defined in section 921 of title 
                18, United States Code) or in explosive materials (as 
                defined in section 841(c) of that title);
                    ``(D) an offense described in section 1956 of title 
                18, United States Code (relating to laundering of 
                monetary instruments) or section 1957 of that title 
                (relating to engaging in monetary transactions in 
                property derived from specific unlawful activity) if 
                the amount of the funds exceeded $10,000;
                    ``(E) an offense described in--
                            ``(i) section 842 or 844 of title 18, 
                        United States Code (relating to explosive 
                        materials offenses);
                            ``(ii) section 922 or 924 of title 18, 
                        United States Code (relating to firearms 
                        offenses); or
                            ``(iii) section 5861 of the Internal 
                        Revenue Code of 1986 (relating to firearms 
                        offenses);
                    ``(F) a violent crime for which the term of 
                imprisonment is at least 1 year, including--
                            ``(i) any offense that has an element the 
                        use, attempted use, or threatened use of 
                        physical force against the person or property 
                        of another; or
                            ``(ii) any other offense in which the 
                        record of conviction establishes that the 
                        offender used physical force against the person 
                        or property of another in the course of 
                        committing the offense;
                    ``(G)(i) theft (including theft by deceit, theft by 
                fraud, embezzlement, motor vehicle theft, unauthorized 
                use of a vehicle, or receipt of stolen property), 
                regardless of whether the intended deprivation was 
                temporary or permanent, for which the term of 
                imprisonment is at least 1 year; or
                    ``(ii) burglary for which the term of imprisonment 
                is at least 1 year;
                    ``(H) an offense described in section 875, 876, 
                877, or 1202 of title 18, United States Code (relating 
                to the demand for or receipt of ransom);
                    ``(I) an offense involving child pornography or 
                sexual exploitation of a minor (including any offense 
                described in section 2251, 2251A, or 2252 of title 18, 
                United States Code);
                    ``(J) an offense described in section 1962 of title 
                18, United States Code (relating to racketeer 
                influenced corrupt organizations), or an offense 
                described in section 1084 (if it is a second or 
                subsequent offense) or 1955 of that title (relating to 
                gambling offenses);
                    ``(K) an offense that--
                            ``(i) relates to the owning, controlling, 
                        managing, or supervising of a prostitution 
                        business;
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) if committed for commercial 
                        advantage; or
                            ``(iii) is described in any of sections 
                        1581-1585 or 1588-1591 of title 18, United 
                        States Code (relating to peonage, slavery, 
                        involuntary servitude, and trafficking in 
                        persons);
                    ``(L) an offense described in--
                            ``(i) section 793 (relating to gathering or 
                        transmitting national defense information), 798 
                        (relating to disclosure of classified 
                        information), 2153 (relating to sabotage) or 
                        2381 or 2382 (relating to treason) of title 18, 
                        United States Code;
                            ``(ii) section 601 of the National Security 
                        Act of 1947 (50 U.S.C. 421) (relating to 
                        protecting the identity of undercover 
                        intelligence agents);
                            ``(iii) section 601 of the National 
                        Security Act of 1947 (relating to protecting 
                        the identity of undercover agents);
                            ``(iv) section 175 (relating to biological 
                        weapons) of title 18, United States Code;
                            ``(v) sections 792 (harboring or concealing 
                        persons who violated sections 793 or 794 of 
                        title 18, United States Code), 794 (gathering 
                        or delivering defense information to aid 
                        foreign government), 795 (photographing and 
                        sketching defense installations), 796 (use of 
                        aircraft for photographing defense 
                        installations), 797 (publication and sale of 
                        photographs of defense installations), 799 
                        (violation of NASA regulations for protection 
                        of facilities) of title 18, United States Code;
                            ``(vi) sections 831 (prohibited 
                        transactions involving nuclear materials) and 
                        832 (participation in nuclear and weapons of 
                        mass destruction threats to the United States) 
                        of title 18, United States Code;
                            ``(vii) sections 2332a-d, f-h (relating to 
                        terrorist activities) of title 18, United 
                        States Code;
                            ``(viii) sections 2339 (relating to 
                        harboring or concealing terrorists), 2339A 
                        (relating to material support to terrorists), 
                        2339B (relating to material support or 
                        resources to designated foreign terrorist 
                        organizations), 2339C (relating to financing of 
                        terrorism), 2339D (relating to receiving 
                        military-type training from a terrorist 
                        organization) of title 18, United States Code;
                            ``(ix) section 1705 of the International 
                        Emergency Economic Powers Act (50 U.S.C. 1705); 
                        or
                            ``(x) section 38 of the Arms Export Control 
                        Act (22 U.S.C. 2778);
                    ``(M) an offense that--
                            ``(i) involves fraud or deceit in which the 
                        loss to the victim or victims exceeds $10,000; 
                        or
                            ``(ii) is described in section 7201 of the 
                        Internal Revenue Code of 1986 (relating to tax 
                        evasion) in which the revenue loss to the 
                        Government exceeds $10,000;
                    ``(N) an offense described in section 274(a) 
                (relating to alien smuggling), except in the case of a 
                first offense for which the alien has affirmatively 
                shown that the alien committed the offense for the 
                purpose of assisting, abetting, or aiding only the 
                alien's spouse, child, or parent (and no other 
                individual) to violate a provision of this Act;
                    ``(O) an offense described in section 275 or 276 
                for which the term of imprisonment is at least 1 year;
                    ``(P) an offense which is described in chapter 75 
                of title 18, United States Code, and for which the term 
                of imprisonment is at least 1 year;
                    ``(Q) an offense relating to a failure to appear by 
                a defendant for service of sentence if the underlying 
                offense is punishable by imprisonment for a term of 5 
                years or more;
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which the term of imprisonment is at least one year;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed;
                    ``(U) any offense for which the term of 
                imprisonment imposed was 2 years or more;
                    ``(V) an offense relating to terrorism or national 
                security (including a conviction for a violation of any 
                provision of chapter 113B of title 18, United States 
                Code; or
                    ``(W)(i) a single conviction for driving while 
                intoxicated (including a conviction for driving while 
                under the influence of or impairment by alcohol or 
                drugs), when such impaired driving was a cause of the 
                serious bodily injury or death of another person; or
                    ``(ii) a second or subsequent conviction for 
                driving while intoxicated (including a conviction for 
                driving under the influence of or impaired by alcohol 
                or drugs); or
                    ``(X) an attempt or conspiracy to commit an offense 
                described in this paragraph or aiding, abetting, 
                counseling, procuring, commanding, inducing, 
                facilitating, or soliciting the commission of such an 
                offense.
        Any determinations under this paragraph shall be made on the 
        basis of the record of conviction. For purposes of this 
        paragraph, a person shall be considered to have committed an 
        aggravated felony if that person has been convicted for 3 or 
        more misdemeanors not arising out the traffic laws (except for 
        any conviction for driving under the influence or an offense 
        that results in the death or serious bodily injury of another 
        person) or felonies for which the aggregate term of 
        imprisonment imposed was 3 years or more, regardless of whether 
        the convictions were all entered pursuant to a single trial or 
        the offenses arose from a single pattern or scheme of 
        conduct.''.
    (b) Effective Date; Application of Amendments.--
            (1) In general.--The amendments made by subsection (a)--
                    (A) shall take effect on the date of the enactment 
                of this Act; and
                    (B) shall apply to any act or conviction that 
                occurred before, on, or after such date.
            (2) Application of iirira amendments.--The amendments to 
        section 101(a)(43) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(43)) made by section 321 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 
        (division C of Public Law 104-208; 110 Stat. 3009-627) shall 
        continue to apply, whether the conviction was entered before, 
        on, or after September 30, 1996.

SEC. 3105. CRIME OF VIOLENCE.

    Section 16 of title 18, United States Code, is amended to read as 
follows:
``Sec. 16. Crime of violence defined
    ``(a) The term `crime of violence' means an offense that--
            ``(1)(A) is murder, voluntary manslaughter, assault, sexual 
        abuse or aggravated sexual abuse, abusive sexual contact, child 
        abuse, kidnapping, robbery, carjacking, firearms use, burglary, 
        arson, extortion, communication of threats, coercion, 
        unauthorized use of a vehicle, fleeing, interference with 
        flight crew members and attendants, domestic violence, hostage 
        taking, stalking, human trafficking, or using weapons of mass 
        destruction; or
            ``(B) involves use or unlawful possession of explosives or 
        destructive devices described in 5845(f) of the Internal 
        Revenue Code of 1986;
            ``(2) has as an element the use, attempted use, or 
        threatened use of physical force against the person or property 
        of another; or
            ``(3) is an attempt to commit, conspiracy to commit, 
        solicitation to commit, or aiding and abetting any of the 
        offenses set forth in paragraphs (1) and (2).
    ``(b) In this section:
            ``(1) The term `abusive sexual contact' means conduct 
        described in section 2244(a)(1) and (a)(2).
            ``(2) The terms `aggravated sexual abuse' and `sexual 
        abuse' mean conduct described in sections 2241 and 2242. For 
        purposes of such conduct, the term `sexual act' means conduct 
        described in section 2246(2), or the knowing and lewd exposure 
        of genitalia or masturbation, to any person, with an intent to 
        abuse, humiliate, harass, degrade, or arouse or gratify the 
        sexual desire of any person.
            ``(3) The term `assault' means conduct described in section 
        113(a), and includes conduct committed recklessly, knowingly, 
        or intentionally.
            ``(4) The term `arson' means conduct described in section 
        844(i) or unlawfully or willfully damaging or destroying any 
        building, inhabited structure, vehicle, vessel, or real 
        property by means of fire or explosive.
            ``(5) The term `burglary' means an unlawful or unprivileged 
        entry into, or remaining in, a building or structure, including 
        any nonpermanent or mobile structure that is adapted or used 
        for overnight accommodation or for the ordinary carrying on of 
        business, and, either before or after entering, the person--
                    ``(A) forms the intent to commit a crime; or
                    ``(B) commits or attempts to commit a crime.
            ``(6) The term `carjacking' means conduct described in 
        section 2119, or the unlawful taking of a motor vehicle from 
        the immediate actual possession of a person against his will, 
        by means of actual or threatened force, or violence or 
        intimidation, or by sudden or stealthy seizure or snatching, or 
        fear of injury.
            ``(7) The term `child abuse' means the unlawful infliction 
        of physical injury or the commission of any sexual act against 
        a child under fourteen by any person eighteen years of age or 
        older.
            ``(8) The term `communication of threats' means conduct 
        described in section 844(e), or the transmission of any 
        communications containing any threat of use of violence to--
                    ``(A) demand or request for a ransom or reward for 
                the release of any kidnapped person; or
                    ``(B) threaten to kidnap or injure the person of 
                another.
            ``(9) The term `coercion' means causing the performance or 
        non-performance of any act by another person which under such 
        other person has a legal right to do or to abstain from doing, 
        through fraud or by the use of actual or threatened force, 
        violence, or fear thereof, including the use, or an express or 
        implicit threat of use, of violence to cause harm, or threats 
        to cause injury to the person, reputation or property of any 
        person.
            ``(10) The term `domestic violence' means any assault 
        committed by a current or former spouse, parent, or guardian of 
        the victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim as a spouse, parent, or guardian, or by a 
        person similarly situated to a spouse, parent, or guardian of 
        the victim
            ``(11) The term `extortion' means conduct described in 
        section 1951(b)(2)), but not extortion under color of official 
        right or fear of economic loss.
            ``(12) The term `firearms use' means conduct described in 
        section 924(c) or 929(a), if the firearm was brandished, 
        discharged, or otherwise possessed, carried, or used as a 
        weapon and the crime of violence or drug trafficking crime 
        during and in relation to which the firearm was possessed, 
        carried, or used was subject to prosecution in any court of the 
        United States, State court, military court or tribunal, or 
        tribal court. Such term also includes unlawfully possessing a 
        firearm described in section 5845(a) of the Internal Revenue 
        Code of 1986 (such as a sawed-off shotgun or sawed-off rifle, 
        silencer, bomb, or machine gun), possession of a firearm 
        described in section 922(g)(1), 922(g)(2) and 922(g)(4), 
        possession of a firearm with the intent to use such firearm 
        unlawfully, or reckless discharge of a firearm at a dwelling.
            ``(13) The term `fleeing' means knowingly operating a motor 
        vehicle and, following a law enforcement officer's signal to 
        bring the motor vehicle to a stop--
                    ``(A) failing or refusing to comply; or
                    ``(B) fleeing or attempting to elude a law 
                enforcement officer.
            ``(14) The term `force' means the level of force needed or 
        intended to overcome resistance.
            ``(15) The term `hostage taking' means conduct described in 
        section 1203.
            ``(16) The term `human trafficking' means conduct described 
        in section 1589, 1590, and 1591.
            ``(17) The term `interference with flight crew members and 
        attendants' means conduct described in section 46504 of title 
        49, United States Code.
            ``(18) The term `kidnapping' means conduct described in 
        section 1201(a)(1) or seizing, confining, inveigling, decoying, 
        abducting, or carrying away and holding for ransom or reward or 
        otherwise any person.
            ``(19) The term `murder' means conduct described as murder 
        in the first degree or murder in the second degree described in 
        section 1111.
            ``(20) the term `robbery' means conduct described in 
        section 1951(b)(1), or the unlawful taking or obtaining of 
        personal property from the person or in the presence of 
        another, against his will, by means of actual or threatened 
        force, or violence or intimidation, or by sudden or stealthy 
        seizure or snatching, or fear of injury, immediate or future, 
        to his person or property, or property in his custody or 
        possession, or the person or property of a relative or member 
        of his family or of anyone in his company at the time of the 
        taking or obtaining.
            ``(21) The term `stalking' means conduct described in 
        section 2261A.
            ``(22) The term `unauthorized use of a motor vehicle' means 
        the intentional or knowing operation of another person's boat, 
        airplane, or motor vehicle without the consent of the owner.
            ``(23) The term `using weapons of mass destruction' means 
        conduct described in section 2332a.
            ``(24) the term `voluntary manslaughter' means conduct 
        described in section 1112(a).
    ``(c) For purposes of this section, in the case of any reference in 
subsection (b) to an offense under this title, such reference shall 
include conduct that constitutes an offense under State or tribal law 
or under the Uniform Code of Military Justice, if such conduct would be 
an offense under this title if a circumstance giving rise to Federal 
jurisdiction had existed.''.

SEC. 3106. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after 
paragraph (52) the following:
    ``(53)(A) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons--
            ``(i) that has as one of its primary purposes the 
        commission of 1 or more of the criminal offenses described in 
        subparagraph (B) and the members of which engage, or have 
        engaged within the past 5 years, in a continuing series of such 
        offenses; or
            ``(ii) that has been designated as a criminal gang by the 
        Secretary of Homeland Security, in consultation with the 
        Attorney General, as meeting these criteria.
    ``(B) The offenses described, whether in violation of Federal or 
State law or foreign law and regardless of whether the offenses 
occurred before, on, or after the date of the enactment of this 
paragraph, are the following:
            ``(i) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(ii) A felony offense involving firearms or explosives or 
        in violation of section 931 of title 18, United States Code 
        (relating to purchase, ownership, or possession of body armor 
        by violent felons).
            ``(iii) An offense under section 274 (relating to bringing 
        in and harboring certain aliens), section 277 (relating to 
        aiding or assisting certain aliens to enter the United States), 
        or section 278 (relating to importation of alien for immoral 
        purpose), except that this clause does not apply in the case of 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)) which is exempt from 
        taxation under section 501(a) of such Code.
            ``(iv) A violent crime described in section 101(a)(43)(F).
            ``(v) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        perjury or subornation of perjury.
            ``(vi) Any conduct punishable under sections 1028A and 1029 
        of title 18, United States Code (relating to aggravated 
        identity theft or fraud and related activity in connection with 
        identification documents or access devices), sections 1581 
        through 1594 of such title (relating to peonage, slavery, and 
        trafficking in persons), section 1951 of such title (relating 
        to interference with commerce by threats or violence), section 
        1952 of such title (relating to interstate and foreign travel 
        or transportation in aid of racketeering enterprises), section 
        1956 of such title (relating to the laundering of monetary 
        instruments), section 1957 of such title (relating to engaging 
        in monetary transactions in property derived from specified 
        unlawful activity), or sections 2312 through 2315 of such title 
        (relating to interstate transportation of stolen motor vehicles 
        or stolen property).
            ``(vii) An attempt or conspiracy to commit an offense 
        described in this paragraph or aiding, abetting, counseling, 
        procuring, commanding, inducing, facilitating, or soliciting 
        the commission of an offense described in clauses (i) through 
        (vi).''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) in subclause (I), by striking ``or'' at the 
                end; and
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) any 
                                law or regulation of a State, the 
                                United States, or a foreign country 
                                relating to participation or membership 
                                in a criminal gang, or
                                    ``(IV) any felony or misdemeanor 
                                offense for which the alien received a 
                                sentencing enhancement predicated on 
                                gang membership or conduct that 
                                promoted, furthered, aided, or 
                                supported the illegal activity of the 
                                criminal gang,''.
            (2) by adding at the end the following:
                    ``(N) Aliens associated with criminal gangs.--
                            ``(i) Aliens not physically present in the 
                        united states.--In the case of an alien who is 
                        not physically present in the United States:
                                    ``(I) That alien is inadmissible if 
                                a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General knows 
                                or has reason to believe--
                                            ``(aa) to be or to have 
                                        been a member of a criminal 
                                        gang (as defined in section 
                                        101(a)(53)); or
                                            ``(bb) to have participated 
                                        in the activities of a criminal 
                                        gang (as defined in section 
                                        101(a)(53)), knowing or having 
                                        reason to know that such 
                                        activities will promote, 
                                        further, aid, or support the 
                                        illegal activity of the 
                                        criminal gang.
                                    ``(II) That alien is inadmissible 
                                if a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General has 
                                reasonable grounds to believe the alien 
                                has participated in, been a member of, 
                                promoted, or conspired with a criminal 
                                gang, either inside or outside of the 
                                United States.
                                    ``(III) That alien is inadmissible 
                                if a consular officer, an immigration 
                                officer, the Secretary of Homeland 
                                Security, or the Attorney General has 
                                reasonable grounds to believe seeks to 
                                enter the United States or has entered 
                                the United States in furtherance of the 
                                activities of a criminal gang, either 
                                inside or outside of the United States.
                    ``(ii) Aliens physically present in the united 
                states.--In the case of an alien who is physically 
                present in the United States, that alien is 
                inadmissible if the alien--
                            ``(I) is a member of a criminal gang (as 
                        defined in section 101(a)(53)); or
                            ``(II) has participated in the activities 
                        of a criminal gang (as defined in section 
                        101(a)(53)), knowing or having reason to know 
                        that such activities will promote, further, 
                        aid, or support the illegal activity of the 
                        criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(H) Aliens associated with criminal gangs.--Any 
                alien is deportable who--
                            ``(i) is or has been a member of a criminal 
                        gang (as defined in section 101(a)(53));
                            ``(ii) has participated in the activities 
                        of a criminal gang (as so defined), knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang;
                            ``(iii) has been convicted of a violation 
                        of (or a conspiracy or attempt to violate) any 
                        law or regulation of a State, the United 
                        States, or a foreign country relating to 
                        participation or membership in a criminal gang; 
                        or
                            ``(iv) any felony or misdemeanor offense 
                        for which the alien received a sentencing 
                        enhancement predicated on gang membership or 
                        conduct that promoted, furthered, aided, or 
                        supported the illegal activity of the criminal 
                        gang.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182) is amended by inserting 
        after section 219 the following:

                     ``designation of criminal gang

    ``Sec. 220. 
    ``(a) Designation.--
    ``(1) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, may designate a group, club, 
organization, or association of 5 or more persons as a criminal gang if 
the Secretary finds that their conduct is described in section 
101(a)(53).
    ``(2) Procedure.--
            ``(A) Notification.--Seven days before making a designation 
        under this subsection, the Secretary shall, by classified 
        communication, notify the Speaker and Minority Leader of the 
        House of Representatives, the President pro tempore, Majority 
        Leader, and Minority Leader of the Senate, and the members of 
        the relevant committees of the House of Representatives and the 
        Senate, in writing, of the intent to designate a group, club, 
        organization, or association of 5 or more persons under this 
        subsection and the factual basis therefor.
            ``(B) Publication in the federal register.--The Secretary 
        shall publish the designation in the Federal Register seven 
        days after providing the notification under subparagraph (A).
    ``(3) Record.--
            ``(A) In general.--In making a designation under this 
        subsection, the Secretary shall create an administrative 
        record.
            ``(B) Classified information.--The Secretary may consider 
        classified information in making a designation under this 
        subsection. Classified information shall not be subject to 
        disclosure for such time as it remains classified, except that 
        such information may be disclosed to a court ex parte and in 
        camera for purposes of judicial review under subsection (c).
    ``(4) Period of Designation.--
            ``(A) In general.--A designation under this subsection 
        shall be effective for all purposes until revoked under 
        paragraph (5) or (6) or set aside pursuant to subsection (c).
            ``(B) Review of designation upon petition.--
                    ``(i) In general.--The Secretary shall review the 
                designation of a criminal gang under the procedures set 
                forth in clauses (iii) and (iv) if the designated 
                group, club, organization, or association of 5 or more 
                persons files a petition for revocation within the 
                petition period described in clause (ii).
                    ``(ii) Petition period.--For purposes of clause 
                (i)--
                            ``(I) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has not previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        on which the designation was made; or
                            ``(II) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons has previously filed a petition for 
                        revocation under this subparagraph, the 
                        petition period begins 2 years after the date 
                        of the determination made under clause (iv) on 
                        that petition.
                    ``(iii) Procedures.--Any group, club, organization, 
                or association of 5 or more persons that submits a 
                petition for revocation under this subparagraph of its 
                designation as a criminal gang must provide evidence in 
                that petition that it is not described in section 
                101(a)(53).
                    ``(iv) Determination.--
                            ``(I) In general.--Not later than 180 days 
                        after receiving a petition for revocation 
                        submitted under this subparagraph, the 
                        Secretary shall make a determination as to such 
                        revocation.
                            ``(II) Classified information.--The 
                        Secretary may consider classified information 
                        in making a determination in response to a 
                        petition for revocation. Classified information 
                        shall not be subject to disclosure for such 
                        time as it remains classified, except that such 
                        information may be disclosed to a court ex 
                        parte and in camera for purposes of judicial 
                        review under subsection (c).
                            ``(III) Publication of determination.--A 
                        determination made by the Secretary under this 
                        clause shall be published in the Federal 
                        Register.
                            ``(IV) Procedures.--Any revocation by the 
                        Secretary shall be made in accordance with 
                        paragraph (6).
            ``(C) Other review of designation.--
                    ``(i) In general.--If in a 5-year period no review 
                has taken place under subparagraph (B), the Secretary 
                shall review the designation of the criminal gang in 
                order to determine whether such designation should be 
                revoked pursuant to paragraph (6).
                    ``(ii) Procedures.--If a review does not take place 
                pursuant to subparagraph (B) in response to a petition 
                for revocation that is filed in accordance with that 
                subparagraph, then the review shall be conducted 
                pursuant to procedures established by the Secretary. 
                The results of such review and the applicable 
                procedures shall not be reviewable in any court.
                    ``(iii) Publication of results of review.--The 
                Secretary shall publish any determination made pursuant 
                to this subparagraph in the Federal Register.
    ``(5) Revocation by Act of Congress.--The Congress, by an Act of 
Congress, may block or revoke a designation made under paragraph (1).
    ``(6) Revocation Based on Change in Circumstances.--
            ``(A) In general.--The Secretary may revoke a designation 
        made under paragraph (1) at any time, and shall revoke a 
        designation upon completion of a review conducted pursuant to 
        subparagraphs (B) and (C) of paragraph (4) if the Secretary 
        finds that--
                    ``(i) the group, club, organization, or association 
                of 5 or more persons that has been designated as a 
                criminal gang is no longer described in section 
                101(a)(53); or
                    ``(ii) the national security or the law enforcement 
                interests of the United States warrants a revocation.
            ``(B) Procedure.--The procedural requirements of paragraphs 
        (2) and (3) shall apply to a revocation under this paragraph. 
        Any revocation shall take effect on the date specified in the 
        revocation or upon publication in the Federal Register if no 
        effective date is specified.
    ``(7) Effect of Revocation.--The revocation of a designation under 
paragraph (5) or (6) shall not affect any action or proceeding based on 
conduct committed prior to the effective date of such revocation.
    ``(8) Use of Designation in Trial or Hearing.--If a designation 
under this subsection has become effective under paragraph (2) an alien 
in a removal proceeding shall not be permitted to raise any question 
concerning the validity of the issuance of such designation as a 
defense or an objection.
    ``(b) Amendments to a Designation.--
            ``(1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the group, 
        club, organization, or association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted itself under a different name or names, or merged 
        with another group, club, organization, or association of 5 or 
        more persons.
            ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Paragraphs (2), (4), (5), 
        (6), (7), and (8) of subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated group, club, organization, or 
        association of 5 or more persons may seek judicial review in 
        the United States Court of Appeals for the District of Columbia 
        Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            ``(3) the term `relevant committees' means the Committees 
        on the Judiciary of the Senate and of the House of 
        Representatives; and
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Attorney General.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(1)), as amended by this 
        division, is further amended--
                    (A) in subparagraph (E), by striking ``or'' at the 
                end;
                    (B) in subparagraph (F), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (F) the 
                following:
                    ``(G) is inadmissible under section 212(a)(2)(N) or 
                deportable under section 237(a)(2)(H),''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) is amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(N)(i) or section 237(a)(2)(H)(i); 
                        or''.
    (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time has 
                        been, described in section 212(a)(2)(N) or 
                        section 237(a)(2)(H).''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.
    (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) 
is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is, or at any 
                                time has been, described in section 
                                212(a)(2)(N) or section 237(a)(2)(H) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.
    (i) Parole.--An alien described in section 212(a)(2)(N) of the 
Immigration and Nationality Act, as added by subsection (b), shall not 
be eligible for parole under section 212(d)(5)(A) of such Act unless--
            (1) the alien is assisting or has assisted the United 
        States Government in a law enforcement matter, including a 
        criminal investigation; and
            (2) the alien's presence in the United States is required 
        by the Government with respect to such assistance.
    (j) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.

SEC. 3107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IMMIGRANTS UNABLE TO 
              REUNITE WITH EITHER PARENT.

    Section 101(a)(27)(J)(i) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``1 or both of the 
immigrant's parents'' and inserting ``either of the immigrant's 
parents''.

SEC. 3108. CLARIFICATION OF AUTHORITY REGARDING DETERMINATIONS OF 
              CONVICTIONS.

    Section 101(a)(48) of the Immigration and National Act (8 U.S.C. 
1101(a)(48)) is amended by adding at the end the following:
                    ``(C) In making a determination as to whether a 
                conviction is for--
                            ``(i) a crime under section 212(a)(2), or
                            ``(ii) a crime under 237(a)(2),
                such determination shall be determined on the basis of 
                the record of conviction and any facts established 
                within the record of conviction.
                    ``(D) Any reversal, vacatur, expungement, or 
                modification to a conviction, sentence, or conviction 
                record that was granted to ameliorate the immigration 
                consequences of the conviction, sentence, or conviction 
                record, or was granted for rehabilitative purposes 
                shall have no effect on the immigration consequences 
                resulting from the original conviction. The alien shall 
                have the burden of proving that the reversal, vacatur, 
                expungement, or modification was not for such purposes. 
                In no case in which a reversal, vacatur, expungement, 
                or modification was granted for a procedural or 
                substantive defect in the criminal proceedings. Whether 
                an alien has been convicted of a crime for which a 
                sentence of one year or longer may be imposed or 
                whether the alien has been convicted for a crime where 
                the maximum penalty possible did not exceed one year 
                shall be determined based on the maximum penalty 
                allowed by the statute of conviction as of the date the 
                offense was committed. Subsequent changes in State or 
                Federal law which increase or decrease the sentence 
                that may be imposed for a given crime shall not be 
                considered.''.

SEC. 3109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT TERRORISM-RELATED 
              INADMISSIBILITY GROUNDS ACTS TO THE DEFINITION OF 
              ENGAGING IN TERRORIST ACTIVITY.

    Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)(iv)) is amended--
            (1) in subclause (VI), by striking the period and inserting 
        ``; or''; and
            (2) by adding at the end the following:
                                    ``(VII) an attempt or conspiracy to 
                                do any of the foregoing.''.

SEC. 3110. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Section 287(d) of the Immigration and Nationality 
Act (8 U.S.C. 1357(d)) is amended to read as follows:
    ``(d) Detainer of Inadmissible or Deportable Aliens.--
            ``(1) In general.--In the case of an individual who is 
        arrested by any Federal, State, or local law enforcement 
        official or other personnel for the alleged violation of any 
        criminal law or any motor vehicle law relating to driving while 
        intoxicated or driving under the influence (including driving 
        while under the influence of or impairment by alcohol or 
        drugs), the Secretary may issue a detainer regarding the 
        individual to any Federal, State, or local law enforcement 
        entity, official, or other personnel if the Secretary has 
        probable cause to believe that the individual is an 
        inadmissible or deportable alien.
            ``(2) Probable cause.--Probable cause is deemed to be 
        established if--
                    ``(A) the individual who is the subject of the 
                detainer matches, pursuant to biometric confirmation or 
                other Federal database records, the identity of an 
                alien who the Secretary has reasonable grounds to 
                believe to be inadmissible or deportable;
                    ``(B) the individual who is the subject of the 
                detainer is the subject of ongoing removal proceedings, 
                including matters where a charging document has already 
                been served;
                    ``(C) the individual who is the subject of the 
                detainer has previously been ordered removed from the 
                United States and such an order is administratively 
                final;
                    ``(D) the individual who is the subject of the 
                detainer has made voluntary statements or provided 
                reliable evidence that indicate that they are an 
                inadmissible or deportable alien; or
                    ``(E) the Secretary otherwise has reasonable 
                grounds to believe that the individual who is the 
                subject of the detainer is an inadmissible or 
                deportable alien.
            ``(3) Transfer of custody.--If the Federal, State, or local 
        law enforcement entity, official, or other personnel to whom a 
        detainer is issued complies with the detainer and detains for 
        purposes of transfer of custody to the Department of Homeland 
        Security the individual who is the subject of the detainer, the 
        Department may take custody of the individual within 48 hours 
        (excluding weekends and holidays), but in no instance more than 
        96 hours, following the date that the individual is otherwise 
        to be released from the custody of the relevant Federal, State, 
        or local law enforcement entity.''.
    (b) Immunity.--
            (1) In general.--A State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), and a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, acting in compliance with a Department of Homeland 
        Security detainer issued pursuant to this section who 
        temporarily holds an alien in its custody pursuant to the terms 
        of a detainer so that the alien may be taken into the custody 
        of the Department of Homeland Security, shall be considered to 
        be acting under color of Federal authority for purposes of 
        determining their liability and shall be held harmless for 
        their compliance with the detainer in any suit seeking any 
        punitive, compensatory, or other monetary damages.
            (2) Federal government as defendant.--In any civil action 
        arising out of the compliance with a Department of Homeland 
        Security detainer by a State or a political subdivision of a 
        State (and the officials and personnel of the State or 
        subdivision acting in their official capacities), or a 
        nongovernmental entity (and its personnel) contracted by the 
        State or political subdivision for the purpose of providing 
        detention, the United States Government shall be the proper 
        party named as the defendant in the suit in regard to the 
        detention resulting from compliance with the detainer.
            (3) Bad faith exception.--Paragraphs (1) and (2) shall not 
        apply to any mistreatment of an individual by a State or a 
        political subdivision of a State (and the officials and 
        personnel of the State or subdivision acting in their official 
        capacities), or a nongovernmental entity (and its personnel) 
        contracted by the State or political subdivision for the 
        purpose of providing detention.
    (c) Private Right of Action.--
            (1) Cause of action.--Any individual, or a spouse, parent, 
        or child of that individual (if the individual is deceased), 
        who is the victim of an offense that is murder, rape, or sexual 
        abuse of a minor, for which an alien (as defined in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3))) has been convicted and sentenced to a term of 
        imprisonment of at least 1 year, may bring an action against a 
        State or political subdivision of a State or public official 
        acting in an official capacity in the appropriate Federal court 
        if the State or political subdivision, except as provided in 
        paragraph (3)--
                    (A) released the alien from custody prior to the 
                commission of such crime as a consequence of the State 
                or political subdivision's declining to honor a 
                detainer issued pursuant to section 287(d)(1) of the 
                Immigration and Nationality Act (8 U.S.C. 1357(d)(1));
                    (B) has in effect a statute, policy, or practice 
                not in compliance with section 642 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373) as amended, and as a consequence 
                of its statute, policy, or practice, released the alien 
                from custody prior to the commission of such crime; or
                    (C) has in effect a statute, policy, or practice 
                requiring a subordinate political subdivision to 
                decline to honor any or all detainers issued pursuant 
                to section 287(d)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1357(d)(1)), and, as a consequence of its 
                statute, policy or practice, the subordinate political 
                subdivision declined to honor a detainer issued 
                pursuant to such section, and as a consequence released 
                the alien from custody prior to the commission of such 
                crime.
            (2) Limitations on bringing action.--An action may not be 
        brought under this subsection later than 10 years following the 
        occurrence of the crime, or death of a person as a result of 
        such crime, whichever occurs later.
            (3) Proper defendant.--If a political subdivision of a 
        State declines to honor a detainer issued pursuant to section 
        287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1357(d)) as a consequence of the State or another political 
        subdivision with jurisdiction over the subdivision prohibiting 
        the subdivision through a statute or other legal requirement of 
        the State or other political subdivision--
                    (A) from honoring the detainer; or
                    (B) fully complying with section 642 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373),
        and, as a consequence of the statute or other legal requirement 
        of the State or other political subdivision, the subdivision 
        released the alien referred to in paragraph (1) from custody 
        prior to the commission of the crime referred to in that 
        paragraph, the State or other political subdivision that 
        enacted the statute or other legal requirement, shall be deemed 
        to be the proper defendant in a cause of action under this 
        subsection, and no such cause of action may be maintained 
        against the political subdivision which declined to honor the 
        detainer.
            (4) Attorney's fee and other costs.--In any action or 
        proceeding under this subsection the court shall allow a 
        prevailing plaintiff a reasonable attorneys fee as part of the 
        costs, and include expert fees as part of the attorneys fee.

SEC. 3111. DEPARTMENT OF HOMELAND SECURITY ACCESS TO CRIME INFORMATION 
              DATABASES.

    Section 105(b) of the Immigration and Nationality Act (8 U.S.C. 
1105(b)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the Service'' and inserting ``the 
                Department of Homeland Security''; and
                    (B) by striking ``visa applicant or applicant for 
                admission'' and inserting ``visa applicant, applicant 
                for admission, applicant for adjustment of status, or 
                applicant for any other benefit under the immigration 
                laws''; and
            (2) by inserting after paragraph (4) the following:
            ``(5) The Secretary of Homeland Security shall receive, 
        upon request, access to the information described in paragraph 
        (1) by means of extracts of the records for placement in the 
        appropriate database without any fee or charge.''.

                        TITLE IV--ASYLUM REFORM

SEC. 4101. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and Nationality 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 
208, 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. 4102. JURISDICTION OF ASYLUM APPLICATIONS.

    Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 
1158) is amended by striking subparagraph (C).

SEC. 4103. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS.

    (a) In General.--The Secretary of Homeland Security shall establish 
quality assurance procedures and take steps to effectively ensure that 
questions by employees of the Department of Homeland Security 
exercising expedited removal authority under section 235(b) of the 
Immigration 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 Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied 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 government of the country from 
which the alien may claim asylum, 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 interviews 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 
involving the alien.
    (e) No Private Right of Action.--Nothing in this section shall be 
construed to create any right, benefit, trust, or responsibility, 
whether substantive or procedural, enforceable in law or equity by a 
party against the United States, its departments, agencies, 
instrumentalities, entities, officers, employees, or agents, or any 
person, nor does this section create any right of review in any 
administrative, judicial, or other proceeding.

SEC. 4104. SAFE THIRD COUNTRY.

    Section 208(a)(2)(A) of the Immigration and Nationality 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 Security''; and
            (2) by striking ``removed, pursuant to a bilateral or 
        multilateral agreement, to'' and inserting ``removed to''.

SEC. 4105. 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 
                subparagraph (B), any alien who is granted asylum 
                status under this Act, who, absent changed country 
                conditions, subsequently returns to the country of such 
                alien's nationality or, in the case of an alien having 
                no nationality, 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, membership in a particular 
                social group, or political opinion, shall have his or 
                her status terminated.
                    ``(B) Waiver.--The Secretary has discretion to 
                waive subparagraph (A) if it is established to the 
                satisfaction of the Secretary that the alien had a 
                compelling reason for the return. The waiver may be 
                sought prior to departure from the United States or 
                upon return.''.
    (b) Conforming Amendment.--Section 208(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after 
``paragraph (2)'' the following: ``or (4)''.

SEC. 4106. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS.

    (a) In General.--Section 208(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(4)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``the Secretary of Homeland Security or'' before ``the Attorney 
        General'';
            (2) in subparagraph (A), by striking ``and of the 
        consequences, under paragraph (6), of knowingly filing a 
        frivolous application for asylum; 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 appears on the 
                asylum application advising the alien of the 
                consequences of filing a frivolous application and 
                serving as notice to the alien of the consequence of 
                filing a frivolous application.''.
    (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' 
and all that follows and inserting:
                    ``(A) If the Secretary of Homeland Security or the 
                Attorney General determines that an alien has knowingly 
                made a frivolous application 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 Secretary 
                of Homeland Security or the Attorney General 
                determines, consistent with subparagraph (C), that--
                            ``(i) it is so insufficient in substance 
                        that it is clear that the applicant knowingly 
                        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 regulations 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
                            ``(ii) any of the material elements are 
                        knowingly fabricated.
                    ``(C) In determining that an application is 
                frivolous, the Secretary or the Attorney General, must 
                be satisfied that the applicant, during the course of 
                the proceedings, has had sufficient opportunity to 
                clarify any discrepancies or implausible aspects of the 
                claim.
                    ``(D) For purposes of this section, a finding that 
                an alien filed a frivolous asylum application shall not 
                preclude the alien from seeking withholding of removal 
                under section 241(b)(3).) or protection pursuant to the 
                Convention Against Torture.''.

SEC. 4107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT.

    (a) Asylum Credibility Determinations.--Section 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 Determinations.--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: ``, including statements made to, and investigative 
reports prepared by, immigration authorities and other government 
officials''.

SEC. 4108. 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 Nationality 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 document 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. 4109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

    Section 3291 of title 18 is amended--
            (1) by striking ``1544,'' and inserting ``1544, and section 
        1546,'';
            (2) by striking ``offense.'' and inserting ``offense or 
        within 10 years after the fraud is discovered.''.

SEC. 4110. 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 ``Secretary of 
                Homeland Security or the'' before ``Attorney General'';
            (2) in subsection (b)(2), by inserting ``Secretary of 
        Homeland Security or the'' before ``Attorney General'' each 
        place such term appears;
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' each place such term appears and inserting 
                ``Secretary of Homeland Security'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by inserting ``Secretary of Homeland 
                Security or the'' before ``Attorney General''; and
                    (C) in paragraph (3), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General''; 
                and
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``Secretary of 
                Homeland Security or the'' before ``Attorney General'' 
                each place such term appears;
                    (B) in paragraph (2), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security''; and
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in subparagraph (B), by inserting 
                        ``Secretary of Homeland Security or the'' 
                        before ``Attorney General''.

                         TITLE V--USCIS WAIVERS

SEC. 5101. EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT.

    The requirements of subchapter II of chapter 5 of title 5, United 
States Code, shall not apply to any rule made in order to carry out 
this division or the amendments made by this division, to the extent 
the Secretary of Homeland Security determines that compliance with any 
such requirement would impede the expeditious implementation of such 
division or the amendments made by such division.

SEC. 5102. EXEMPTION FROM PAPERWORK REDUCTION ACT.

    The requirements of subchapter I of chapter 35 of title 44, United 
States Code, shall not apply to any action to implement this division 
or the amendments made by this division to the extent the Secretary of 
Homeland Security, the Secretary of State, the Attorney General, or the 
Secretary of Labor determines that compliance with any such requirement 
would impede the expeditious implementation of such sections or the 
amendments made by such sections.

SEC. 5103. SUNSET.

    This title shall sunset on the date that is 3 years after the date 
of enactment of this Act. Such sunset shall not be construed to impose 
any requirements on, or affect the validity of, any rule issued or 
other action taken pursuant to such exemptions.
                                 <all>