Text: H.R.4760 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (01/10/2018)

 
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<DOC>






115th CONGRESS
  2d Session
                                H. R. 4760

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2018

Mr. Goodlatte (for himself, Mr. McCaul, Mr. Labrador, Ms. McSally, Mr. 
Sensenbrenner, and Mr. Carter of Texas) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
 to the Committees on Education and the Workforce, Homeland Security, 
    Foreign Affairs, Ways and Means, Armed Services, Oversight and 
Government Reform, Agriculture, Transportation and Infrastructure, and 
 Natural Resources, 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 the homeland security laws, 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 ``Securing America's 
Future 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--LEGAL IMMIGRATION REFORM

           TITLE I--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES

Sec. 1101. Family-sponsored immigration priorities.
Sec. 1102. Elimination of diversity visa program.
Sec. 1103. Employment-based immigration priorities.
Sec. 1104. Waiver of rights by B visa nonimmigrants.
                  TITLE II--AGRICULTURAL WORKER REFORM

Sec. 2101. Short title.
Sec. 2102. H-2C temporary agricultural work visa program.
Sec. 2103. Admission of temporary H-2C workers.
Sec. 2104. Mediation.
Sec. 2105. Migrant and seasonal agricultural worker protection.
Sec. 2106. Binding arbitration.
Sec. 2107. Eligibility for health care subsidies and refundable tax 
                            credits; required health insurance 
                            coverage.
Sec. 2108. Study of establishment of an agricultural worker employment 
                            pool.
Sec. 2109. Prevailing wage.
Sec. 2110. Effective dates; sunset; regulations.
Sec. 2111. Report on compliance and violations.
                        TITLE III--VISA SECURITY

Sec. 3101. Cancellation of additional visas.
Sec. 3102. Visa information sharing.
Sec. 3103. Restricting waiver of visa interviews.
Sec. 3104. Authorizing the Department of State to not interview certain 
                            ineligible visa applicants.
Sec. 3105. Visa refusal and revocation.
Sec. 3106. Petition and application processing for visas and 
                            immigration benefits.
Sec. 3107. Fraud prevention.
Sec. 3108. Visa ineligibility for spouses and children of drug 
                            traffickers.
Sec. 3109. DNA testing.
Sec. 3110. Access to NCIC criminal history database for diplomatic 
                            visas.
Sec. 3111. Elimination of signed photograph requirement for visa 
                            applications.
Sec. 3112. Additional fraud detection and prevention.
              DIVISION B--INTERIOR IMMIGRATION ENFORCEMENT

                      TITLE I--LEGAL WORKFORCE ACT

Sec. 1101. Short title.
Sec. 1102. Employment eligibility verification process.
Sec. 1103. Employment eligibility verification system.
Sec. 1104. Recruitment, referral, and continuation of employment.
Sec. 1105. Good faith defense.
Sec. 1106. Preemption and States' rights.
Sec. 1107. Repeal.
Sec. 1108. Penalties.
Sec. 1109. Fraud and misuse of documents.
Sec. 1110. Protection of Social Security Administration programs.
Sec. 1111. Fraud prevention.
Sec. 1112. Use of employment eligibility verification photo tool.
Sec. 1113. Identity authentication employment eligibility verification 
                            pilot programs.
Sec. 1114. Inspector General audits.
    TITLE II--SANCTUARY CITIES AND STATE AND LOCAL LAW ENFORCEMENT 
                              COOPERATION

Sec. 2201. Short title.
Sec. 2202. State noncompliance with enforcement of immigration law.
Sec. 2203. Clarifying the authority of ice detainers.
Sec. 2204. Sarah and Grant's law.
Sec. 2205. Clarification of congressional intent.
Sec. 2206. Penalties for illegal entry or presence.
                       TITLE III--CRIMINAL ALIENS

Sec. 3301. Precluding admissibility of aliens convicted of aggravated 
                            felonies or other serious offenses.
Sec. 3302. Increased penalties barring the admission of convicted sex 
                            offenders failing to register and requiring 
                            deportation of sex offenders failing to 
                            register.
Sec. 3303. Grounds of inadmissibility and deportability for alien gang 
                            members.
Sec. 3304. Inadmissibility and deportability of drunk drivers.
Sec. 3305. Definition of aggravated felony.
Sec. 3306. Precluding withholding of removal for aggravated felons.
Sec. 3307. Protecting immigrants from convicted sex offenders.
Sec. 3308. Clarification to crimes of violence and crimes involving 
                            moral turpitude.
Sec. 3309. Detention of dangerous aliens.
Sec. 3310. Timely repatriation.
Sec. 3311. Illegal reentry.
                        TITLE IV--ASYLUM REFORM

Sec. 4401. Clarification of intent regarding taxpayer-provided counsel.
Sec. 4402. Credible fear interviews.
Sec. 4403. Recording expedited removal and credible fear interviews.
Sec. 4404. Safe third country.
Sec. 4405. Renunciation of asylum status pursuant to return to home 
                            country.
Sec. 4406. Notice concerning frivolous asylum applications.
Sec. 4407. Anti-fraud investigative work product.
Sec. 4408. Penalties for asylum fraud.
Sec. 4409. Statute of limitations for asylum fraud.
Sec. 4410. Technical amendments.
 TITLE V--UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS APPREHENDED ALONG 
                               THE BORDER

Sec. 5501. Repatriation of unaccompanied alien children.
Sec. 5502. Special immigrant juvenile status for immigrants unable to 
                            reunite with either parent.
Sec. 5503. Jurisdiction of asylum applications.
Sec. 5504. Quarterly report to Congress.
Sec. 5505. Biannual report to Congress.
Sec. 5506. Clarification of standards for family detention.
                     DIVISION C--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. Reimbursement of States for deployment of the National Guard 
                            at the southern border.
Sec. 1117. National Guard support to secure the southern border.
Sec. 1118. Prohibitions on actions that impede border security on 
                            certain Federal land.
Sec. 1119. Landowner and rancher security enhancement.
Sec. 1120. Eradication of carrizo cane and salt cedar.
Sec. 1121. Southern border threat analysis.
Sec. 1122. Amendments to U.S. Customs and Border Protection.
Sec. 1123. Agent and officer technology use.
Sec. 1124. Integrated Border Enforcement Teams.
Sec. 1125. Tunnel Task Forces.
Sec. 1126. Pilot program on use of electromagnetic spectrum in support 
                            of border security operations.
Sec. 1127. Homeland security foreign assistance.
                         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.
              Subtitle D--Authorization of Appropriations

Sec. 1151. Authorization of appropriations.
 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.
     TITLE IV--TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT SPOTTER 
                       PREVENTION AND ELIMINATION

Sec. 4101. Short title.
Sec. 4102. Unlawfully hindering immigration, border, and customs 
                            controls.
        DIVISION D--LAWFUL STATUS FOR CERTAIN CHILDHOOD ARRIVALS

Sec. 1101. Definitions.
Sec. 1102. Contingent nonimmigrant status for certain aliens who 
                            entered the United States as minors.
Sec. 1103. Administrative and judicial review.
Sec. 1104. Penalties and signature requirements.
Sec. 1105. Rulemaking.
Sec. 1106. Statutory construction.

                  DIVISION A--LEGAL IMMIGRATION REFORM

           TITLE I--IMMIGRANT VISA ALLOCATIONS AND PRIORITIES

SEC. 1101. FAMILY-SPONSORED IMMIGRATION PRIORITIES.

    (a) Immediate Relative Redefined.--Section 201 of the Immigration 
and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (b)(2)(A)--
                    (A) in clause (i), by striking ``children, spouses, 
                and parents of a citizen of the United States, except 
                that, in the case of parents, such citizens shall be at 
                least 21 years of age.'' and inserting ``children and 
                spouse of a citizen of the United States.''; and
                    (B) in clause (ii), by striking ``such an immediate 
                relative'' and inserting ``the immediate relative 
                spouse of a United States citizen'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The 
worldwide level of family-sponsored immigrants under this subsection 
for a fiscal year is equal to 87,934 minus the number computed under 
paragraph (2).
    ``(2) The number computed under this paragraph for a fiscal year is 
the number of aliens who were paroled into the United States under 
section 212(d)(5) in the second preceding fiscal year who--
            ``(A) did not depart from the United States (without 
        advance parole) within 365 days; and
            ``(B)(i) did not acquire the status of an alien lawfully 
        admitted to the United States for permanent residence during 
        the two preceding fiscal years; or
            ``(ii) acquired such status during such period under a 
        provision of law (other than subsection (b)) that exempts 
        adjustment to such status from the numerical limitation on the 
        worldwide level of immigration under this section.''; and
            (3) in subsection (f)--
                    (A) in paragraph (2), by striking ``section 
                203(a)(2)(A)'' and inserting ``section 203(a)'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
                    (D) in paragraph (3), as redesignated, by striking 
                ``(1) through (3)'' and inserting ``(1) and (2)''.
    (b) Family-Based Visa Preferences.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read 
as follows:
    ``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified 
immigrants who are the spouse or a child of an alien lawfully admitted 
for permanent residence. Such immigrants shall be allocated visas in 
accordance with the number computed under section 201(c).''.
    (c) Aging Out.--Section 203(h) of the Immigration and Nationality 
Act (8 U.S.C. 1153(h)) is amended--
            (1) by striking ``(a)(2)(A)'' each place such term appears 
        and inserting ``(a)(2)'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) In general.--Subject to paragraph (2), for purposes 
        of subsections (a)(2) and (d), a determination of whether an 
        alien satisfies the age requirement in the matter preceding 
        subparagraph (A) of section 101(b)(1) shall be made using the 
        age of the alien on the date on which a petition is filed with 
        the Secretary of Homeland Security.''.
            (3) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Limitation.--Notwithstanding the age of an alien on 
        the date on which a petition is filed, an alien who marries or 
        turns 25 years of age prior to being issued a visa pursuant to 
        subsection (a)(2) or (d), no longer satisfies the age 
        requirement described in paragraph (1).''; and
            (5) in paragraph (5), as so redesignated, by striking 
        ``(3)'' and inserting ``(4)''.
    (d) Conforming Amendments.--
            (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) 
        is amended by striking ``section 203(a)(2)(A)'' each place such 
        term appears and inserting ``section 203(a)''.
            (2) Numerical limitation to any single foreign state.--
        Section 202 of such Act (8 U.S.C. 1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B) 
                        and inserting the following:
                    ``(A) 75 percent of family-sponsored immigrants not 
                subject to per country limitation.--Of the visa numbers 
                made available under section 203(a) in any fiscal year, 
                75 percent shall be issued without regard to the 
                numerical limitation under paragraph (2).
                    ``(B) Treatment of remaining 25 percent for 
                countries subject to subsection (e).--
                            ``(i) In general.--Of the visa numbers made 
                        available under section 203(a) in any fiscal 
                        year, 25 percent shall be available, in the 
                        case of a foreign state or dependent area that 
                        is subject to subsection (e) only to the extent 
                        that the total number of visas issued in 
                        accordance with subparagraph (A) to natives of 
                        the foreign state or dependent area is less 
                        than the subsection (e) ceiling.
                            ``(ii) Subsection (e) ceiling defined.--In 
                        clause (i), the term `subsection (e) ceiling' 
                        means, for a foreign state or dependent area, 
                        77 percent of the maximum number of visas that 
                        may be made available under section 203(a) to 
                        immigrants who are natives of the state or 
                        area, consistent with subsection (e).''; and
                            (ii) by striking subparagraphs (C) and (D); 
                        and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by adding ``and'' at 
                        the end;
                            (ii) by striking paragraph (2);
                            (iii) by redesignating paragraph (3) as 
                        paragraph (2); and
                            (iv) in the undesignated matter after 
                        paragraph (2), as redesignated, by striking ``, 
                        respectively,'' and all that follows and 
                        inserting a period.
            (3) 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 
                        ``to classification by reason of a relationship 
                        described in paragraph (1), (3), or (4) of 
                        section 203(a) or'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by redesignating 
                                the second subclause (I) as subclause 
                                (II); and
                                    (II) by striking ``203(a)(2)(A)'' 
                                each place such terms appear and 
                                inserting ``203(a)''; and
                            (iii) in subparagraph (D)(i)(I), by 
                        striking ``a petitioner'' and all that follows 
                        through ``section 204(a)(1)(B)(iii).'' and 
                        inserting ``an individual younger than 21 years 
                        of age for purposes of adjudicating such 
                        petition and for purposes of admission as an 
                        immediate relative under section 
                        201(b)(2)(A)(i) or a family-sponsored immigrant 
                        under section 203(a), as appropriate, 
                        notwithstanding the actual age of the 
                        individual.'';
                    (B) in subsection (f)(1), by striking ``, 
                203(a)(1), or 203(a)(3), as appropriate''; and
                    (C) by striking subsection (k).
            (4) Waivers of inadmissibility.--Section 212 of such Act (8 
        U.S.C. 1182) is amended--
                    (A) in subsection (a)(6)(E)(ii), by striking 
                ``section 203(a)(2)'' and inserting ``section 203(a)''; 
                and
                    (B) in subsection (d)(11), by striking ``(other 
                than paragraph (4) thereof)''.
            (5) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) 
        of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking 
        ``section 203(a)(2)(A)'' each place such term appears and 
        inserting ``section 203(a)''.
            (6) Definition of alien spouse.--Section 216(h)(1)(C) of 
        such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
            (7) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) 
        of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 
        ``section 203(a)(2)'' and inserting ``section 203(a)''.
    (e) Creation of Nonimmigrant Classification for Alien Parents of 
Adult United States Citizens.--
            (1) In general.--Section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
                    (A) in subparagraph (T)(ii)(III), by striking the 
                period at the end and inserting a semicolon;
                    (B) in subparagraph (U)(iii), by striking ``or'' at 
                the end;
                    (C) in subparagraph (V)(ii)(II), by striking the 
                period at the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(W) Subject to section 214(s), an alien who is a 
                parent of a citizen of the United States, if the 
                citizen--
                            ``(i) is at least 21 years of age; and
                            ``(ii) has never received contingent 
                        nonimmigrant status under division D of the 
                        Securing America's Future Act.''.
            (2) Conditions on admission.--Section 214 of such Act (8 
        U.S.C. 1184) is amended by adding at the end the following:
    ``(s)(1) The initial period of authorized admission for a 
nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but 
may be extended by the Secretary of Homeland Security for additional 5-
year periods if the United States citizen son or daughter of the 
nonimmigrant is still residing in the United States.
            ``(2) A nonimmigrant described in section 101(a)(15)(W)--
                    ``(A) is not authorized to be employed in the 
                United States; and
                    ``(B) is not eligible for any Federal, State, or 
                local public benefit.
            ``(3) Regardless of the resources of a nonimmigrant 
        described in section 101(a)(15)(W), the United States citizen 
        son or daughter who sponsored the nonimmigrant parent shall be 
        responsible for the nonimmigrant's support while the 
        nonimmigrant resides in the United States.
            ``(4) An alien is ineligible to receive a visa or to be 
        admitted into the United States as a nonimmigrant described in 
        section 101(a)(15)(W) unless the alien provides satisfactory 
        proof that the United States citizen son or daughter has 
        arranged for health insurance coverage for the alien, at no 
        cost to the alien, during the anticipated period of the alien's 
        residence in the United States.''.
    (f) Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on October 1, 2018.
            (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 201(b)(2)(A)(i) with respect to 
                a parent of a United States citizen, or under section 
                203(a)(1), (2)(B), (3) or (4) of such Act (8 U.S.C. 
                1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). 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 
                201(b)(2)(A)(i) with respect to a parent of a United 
                States citizen, or under section 203(a)(1), (2)(B), (3) 
                or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i), 
                1153(a)(1), (2)(B), (3), or (4)). Any application for 
                adjustment of status or an immigrant visa based on such 
                a petition shall be invalid.
            (3) Applicability to waitlisted applicants.--
                    (A) In general.--Notwithstanding the amendments 
                made by this section, an alien with regard to whom a 
                petition or application for status under paragraph (1), 
                (2)(B), (3) or (4) of section 203(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1153(a)), as in effect on 
                September 30, 2018, was approved prior to the date of 
                the enactment of this Act, may be issued a visa 
                pursuant to that paragraph in accordance with the 
                availability of visas under subparagraph (B).
                    (B) Availability of visas.--Visas may be issued to 
                beneficiaries of approved petitions under each category 
                described in subparagraph (A), but only until such time 
                as the number of visas that would have been allocated 
                to that category in fiscal year 2019, notwithstanding 
                the amendments made by this section, have been issued. 
                When the number of visas described in the previous 
                sentence have been issued for each category described 
                in subparagraph (A), no additional visas may be issued 
                for that category.

SEC. 1102. 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.--
            (1) Immigration and nationality act.--The Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) is amended--
                    (A) in section 101(a)(15)(V), by striking ``section 
                203(d)'' and inserting ``section 203(c)'';
                    (B) 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);
                    (C) in section 203--
                            (i) in subsection (b)(2)(B)(ii)(IV), by 
                        striking ``section 203(b)(2)(B)'' each place 
                        such term appears and inserting ``clause (i)'';
                            (ii) by redesignating subsections (d), (e), 
                        (f), (g), and (h) as subsections (c), (d), (e), 
                        (f), and (g), respectively;
                            (iii) in subsection (c), as redesignated, 
                        by striking ``subsection (a), (b), or (c)'' and 
                        inserting ``subsection (a) or (b)'';
                            (iv) in subsection (d), as redesignated--
                                    (I) by striking paragraph (2); and
                                    (II) by redesignating paragraph (3) 
                                as paragraph (2);
                            (v) in subsection (e), as redesignated, by 
                        striking ``subsection (a), (b), or (c) of this 
                        section'' and inserting ``subsection (a) or 
                        (b)'';
                            (vi) in subsection (f), as redesignated, by 
                        striking ``subsections (a), (b), and (c)'' and 
                        inserting ``subsections (a) and (b)''; and
                            (vii) in subsection (g), as redesignated--
                                    (I) by striking ``(d)'' each place 
                                such term appears and inserting 
                                ``(c)''; and
                                    (II) in paragraph (2)(B), by 
                                striking ``subsection (a), (b), or 
                                (c)'' and inserting ``subsection (a) or 
                                (b)'';
                    (D) in section 204--
                            (i) in subsection (a)(1), by striking 
                        subparagraph (I);
                            (ii) in subsection (e), by striking 
                        ``subsection (a), (b), or (c) of section 203'' 
                        and inserting ``subsection (a) or (b) of 
                        section 203''; and
                            (iii) in subsection (l)(2)--
                                    (I) in subparagraph (B), by 
                                striking ``section 203 (a) or (d)'' and 
                                inserting ``subsection (a) or (c) of 
                                section 203''; and
                                    (II) in subparagraph (C), by 
                                striking ``section 203(d)'' and 
                                inserting ``section 203(c)'';
                    (E) in section 214(q)(1)(B)(i), by striking 
                ``section 203(d)'' and inserting ``section 203(c)'';
                    (F) in section 216(h)(1), in the undesignated 
                matter following subparagraph (C), by striking 
                ``section 203(d)'' and inserting ``section 203(c)''; 
                and
                    (G) in section 245(i)(1)(B), by striking ``section 
                203(d)'' and inserting ``section 203(c)''.
            (2) Immigrant investor pilot program.--Section 610(d) of 
        the Departments of Commerce, Justice, and State, the Judiciary, 
        and Related Agencies Appropriations Act, 1993 (Public Law 102-
        395) is amended by striking ``section 203(e) of such Act (8 
        U.S.C. 1153(e))'' and inserting ``section 203(d) of such Act (8 
        U.S.C. 1153(d))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first fiscal year beginning on or after 
the date of the enactment of this Act.

SEC. 1103. EMPLOYMENT-BASED IMMIGRATION PRIORITIES.

    (a) Increase in Visas for Skilled Workers.--The Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
            (1) in section 201(d)(1)(A), by striking ``140,000'' and 
        inserting ``195,000''; and
            (2) in section 203(b)--
                    (A) in paragraph (1), by striking ``28.6 percent of 
                such worldwide level'' and inserting ``58,374'';
                    (B) in paragraphs (2) and (3), by striking ``28.6 
                percent of such worldwide level'' each place it appears 
                and inserting ``58,373''; and
                    (C) by striking ``7.1 percent of such worldwide 
                level'' each place it appears and inserting ``9,940''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of fiscal year 2019 and shall apply to the 
visas made available in that and subsequent fiscal years.

SEC. 1104. WAIVER OF RIGHTS BY B VISA NONIMMIGRANTS.

    Section 101(a)(15)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(B)) is amended by adding before the semicolon at the 
end the following: ``, and who has waived any right to review or appeal 
of an immigration officer's determination as to the admissibility of 
the alien at the port of entry into the United States, or to contest, 
other than on the basis of an application for asylum, any action for 
removal of the alien''.

                  TITLE II--AGRICULTURAL WORKER REFORM

SEC. 2101. SHORT TITLE.

    This title may be cited as--
            (1) the ``Agricultural Guestworker Act''; or
            (2) the ``AG Act''.

SEC. 2102. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.

    (a) In General.--Section 101(a)(15)(H) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking ``; or 
(iii)'' and inserting ``, or (c) having a residence in a foreign 
country which he has no intention of abandoning who is coming 
temporarily to the United States to perform agricultural labor or 
services; or (iii)''.
    (b) Definition.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is 
amended by adding at the end the following:
    ``(53) The term `agricultural labor or services' has the meaning 
given such term by the Secretary of Agriculture in regulations and 
includes--
            ``(A) agricultural labor as defined in section 3121(g) of 
        the Internal Revenue Code of 1986;
            ``(B) agriculture as defined in section 3(f) of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 203(f));
            ``(C) the handling, planting, drying, packing, packaging, 
        processing, freezing, or grading prior to delivery for storage 
        of any agricultural or horticultural commodity in its 
        unmanufactured state;
            ``(D) all activities required for the preparation, 
        processing or manufacturing of a product of agriculture (as 
        such term is defined in such section 3(f)) for further 
        distribution;
            ``(E) forestry-related activities;
            ``(F) aquaculture activities; and
            ``(G) the primary processing of fish or shellfish, except 
        that in regard to labor or services consisting of meat or 
        poultry processing, the term `agricultural labor or services' 
        only includes the killing of animals and the breakdown of their 
        carcasses.''.

SEC. 2103. ADMISSION OF TEMPORARY H-2C WORKERS.

    (a) Procedure for Admission.--Chapter 2 of title II of the 
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
inserting after section 218 the following:

``SEC. 218A. ADMISSION OF TEMPORARY H-2C WORKERS.

    ``(a) Definitions.--In this section and section 218B:
            ``(1) Displace.--The term `displace' means to lay off a 
        United States worker from the job for which H-2C workers are 
        sought.
            ``(2) Job.--The term `job' refers to all positions with an 
        employer that--
                    ``(A) involve essentially the same 
                responsibilities;
                    ``(B) are held by workers with substantially 
                equivalent qualifications and experience; and
                    ``(C) are located in the same place or places of 
                employment.
            ``(3) Employer.--The term `employer' includes a single or 
        joint employer, including an association acting as a joint 
        employer with its members, who hires workers to perform 
        agricultural labor or services.
            ``(4) Forestry-related activities.--The term `forestry-
        related activities' includes tree planting, timber harvesting, 
        logging operations, brush clearing, vegetation management, 
        herbicide application, the maintenance of rights-of-way 
        (including for roads, trails, and utilities), regardless of 
        whether such right-of-way is on forest land, and the harvesting 
        of pine straw.
            ``(5) H-2C worker.--The term `H-2C worker' means a 
        nonimmigrant described in section 101(a)(15)(H)(ii)(c).
            ``(6) Lay off.--
                    ``(A) In general.--The term `lay off'--
                            ``(i) means to cause a worker's loss of 
                        employment, other than through a discharge for 
                        inadequate performance, violation of workplace 
                        rules, cause, voluntary departure, voluntary 
                        retirement, or the expiration of a grant or 
                        contract (other than a temporary employment 
                        contract entered into in order to evade a 
                        condition described in paragraph (4) of 
                        subsection (b)); and
                            ``(ii) does not include any situation in 
                        which the worker is offered, as an alternative 
                        to such loss of employment, a similar position 
                        with the same employer at equivalent or higher 
                        wages and benefits than the position from which 
                        the employee was discharged, regardless of 
                        whether or not the employee accepts the offer.
                    ``(B) Construction.--Nothing in this paragraph is 
                intended to limit an employee's rights under a 
                collective bargaining agreement or other employment 
                contract.
            ``(7) United states worker.--The term `United States 
        worker' means any worker who is--
                    ``(A) a citizen or national of the United States; 
                or
                    ``(B) an alien who is lawfully admitted for 
                permanent residence, is admitted as a refugee under 
                section 207, or is granted asylum under section 208.
            ``(8) Special procedures industry.--The term `special 
        procedures industry' includes sheepherding, goat herding, and 
        the range production of livestock, itinerant commercial 
        beekeeping and pollination, itinerant animal shearing, and 
        custom combining and harvesting.
    ``(b) Petition.--An employer that seeks to employ aliens as H-2C 
workers under this section shall file with the Secretary of Homeland 
Security a petition attesting to the following:
            ``(1) Offer of employment.--The employer will offer 
        employment to the aliens on a contractual basis as H-2C workers 
        under this section for a specific period of time during which 
        the aliens may not work on an at-will basis (as provided for in 
        section 218B), and such contract shall only be required to 
        include a description of each place of employment, period of 
        employment, wages and other benefits to be provided, and the 
        duties of the positions.
            ``(2) Temporary labor or services.--
                    ``(A) In general.--The employer is seeking to 
                employ a specific number of H-2C workers on a temporary 
                basis and will provide compensation to such workers at 
                a wage rate no less than that set forth in subsection 
                (k)(2).
                    ``(B) Definition.--For purposes of this paragraph, 
                a worker is employed on a temporary basis if the 
                employer intends to employ the worker for no longer 
                than the time period set forth in subsection (n)(1) 
                (subject to the exceptions in subsection (n)(3)).
            ``(3) Benefits, wages, and working conditions.--The 
        employer will provide, at a minimum, the benefits, wages, and 
        working conditions required by subsection (k) to all workers 
        employed in the job for which the H-2C workers are sought.
            ``(4) Nondisplacement of united states workers.--The 
        employer did not displace and will not displace United States 
        workers employed by the employer during the period of 
        employment of the H-2C workers and during the 30-day period 
        immediately preceding such period of employment in the job for 
        which the employer seeks approval to employ H-2C workers.
            ``(5) Recruitment.--
                    ``(A) In general.--The employer--
                            ``(i) conducted adequate recruitment before 
                        filing the petition; and
                            ``(ii) was unsuccessful in locating 
                        sufficient numbers of willing and qualified 
                        United States workers for the job for which the 
                        H-2C workers are sought.
                    ``(B) Other requirements.--The recruitment 
                requirement under subparagraph (A) is satisfied if the 
                employer places a local job order with the State 
                workforce agency serving each place of employment, 
                except that nothing in this subparagraph shall require 
                the employer to file an interstate job order under 
                section 653 of title 20, Code of Federal Regulations. 
                The State workforce agency shall post the job order on 
                its official agency website for a minimum of 30 days 
                and not later than 3 days after receipt using the 
                employment statistics system authorized under section 
                15 of the Wagner-Peyser Act (29 U.S.C. 49l-2). The 
                Secretary of Labor shall include links to the official 
                Web sites of all State workforce agencies on a single 
                webpage of the official Web site of the Department of 
                Labor.
                    ``(C) End of recruitment requirement.--The 
                requirement to recruit United States workers for a job 
                shall terminate on the first day that work begins for 
                the H-2C workers.
            ``(6) Offers to united states workers.--The employer has 
        offered or will offer the job for which the H-2C workers are 
        sought to any eligible United States workers who--
                    ``(A) apply;
                    ``(B) are qualified for the job; and
                    ``(C) will be available at the time, at each place, 
                and for the duration, of need.
        This requirement shall not apply to United States workers who 
        apply for the job on or after the first day that work begins 
        for the H-2C workers.
            ``(7) Provision of insurance.--If the job for which the H-
        2C workers are sought is not covered by State workers' 
        compensation law, the employer will provide, at no cost to the 
        workers unless State law provides otherwise, insurance covering 
        injury and disease arising out of, and in the course of, the 
        workers' employment, which will provide benefits at least equal 
        to those provided under the State workers compensation law for 
        comparable employment.
            ``(8) Strike or lockout.--The job that is the subject of 
        the petition is not vacant because the former workers in that 
        job are on strike or locked out in the course of a labor 
        dispute.
    ``(c) Public Examination.--Not later than 1 working day after the 
date on which a petition under this section is filed, the employer 
shall make the petition available for public examination, at the 
employer's principal place of employment.
    ``(d) List.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        maintain a list of the petitions filed under this subsection, 
        which shall--
                    ``(A) be sorted by employer; and
                    ``(B) include the number of H-2C workers sought, 
                the wage rate, the period of employment, each place of 
                employment, and the date of need for each alien.
            ``(2) Availability.--The Secretary of Homeland Security 
        shall make the list available for public examination.
    ``(e) Petitioning for Admission.--
            ``(1) Consideration of petitions.--For petitions filed and 
        considered under this subsection--
                    ``(A) the Secretary of Homeland Security may not 
                require such petition to be filed more than 28 days 
                before the first date the employer requires the labor 
                or services of H-2C workers;
                    ``(B) within the appropriate time period under 
                subparagraph (C) or (D), the Secretary of Homeland 
                Security shall--
                            ``(i) approve the petition;
                            ``(ii) reject the petition; or
                            ``(iii) determine that the petition is 
                        incomplete or obviously inaccurate or that the 
                        employer has not complied with the requirements 
                        of subsection (b)(5)(A)(i) (which the Secretary 
                        can ascertain by verifying whether the employer 
                        has placed a local job order as provider for in 
                        subsection (b)(5)(B));
                    ``(C) if the Secretary determines that the petition 
                is incomplete or obviously inaccurate, or that the 
                employer has not complied with the requirements of 
                subsection (b)(5)(A)(i) (which the Secretary can 
                ascertain by verifying whether the employer has placed 
                a local job order as provider for in subsection 
                (b)(5)(B)), the Secretary shall--
                            ``(i) within 5 business days of receipt of 
                        the petition, notify the petitioner of the 
                        deficiencies to be corrected by means ensuring 
                        same or next day delivery; and
                            ``(ii) within 5 business days of receipt of 
                        the corrected petition, approve or reject the 
                        petition and provide the petitioner with notice 
                        of such action by means ensuring same or next 
                        day delivery; and
                    ``(D) if the Secretary does not determine that the 
                petition is incomplete or obviously inaccurate, the 
                Secretary shall not later than 10 business days after 
                the date on which such petition was filed, either 
                approve or reject the petition and provide the 
                petitioner with notice of such action by means ensuring 
                same or next day delivery.
            ``(2) Access.--By filing an H-2C petition, the petitioner 
        and each employer (if the petitioner is an association that is 
        a joint employer of workers who perform agricultural labor or 
        services) consent to allow access to each place of employment 
        to the Department of Agriculture and the Department of Homeland 
        Security for the purpose of investigations and audits to 
        determine compliance with the immigration laws (as defined in 
        section 101(a)(17)).
    ``(f) Roles of Agricultural Associations.--
            ``(1) Treatment of associations acting as employers.--If an 
        association is a joint employer of workers who perform 
        agricultural labor or services, H-2C workers may be transferred 
        among its members to perform the agricultural labor or services 
        on a temporary basis for which the petition was approved.
            ``(2) Treatment of violations.--
                    ``(A) Individual member.--If an individual member 
                of an association that is a joint employer commits a 
                violation described in paragraph (2) or (3) of 
                subsection (i) or subsection (j)(1), the Secretary of 
                Agriculture shall invoke penalties pursuant to 
                subsections (i) and (j) against only that member of the 
                association unless the Secretary of Agriculture 
                determines that the association participated in, had 
                knowledge of, or had reason to know of the violation.
                    ``(B) Association of agricultural employers.--If an 
                association that is a joint employer commits a 
                violation described in subsections (i)(2) and (3) or 
                (j)(1), the Secretary of Agriculture shall invoke 
                penalties pursuant to subsections (i) and (j) against 
                only the association and not any individual members of 
                the association, unless the Secretary determines that 
                the member participated in the violation.
    ``(g) Expedited Administrative Appeals.--The Secretary of Homeland 
Security shall promulgate regulations to provide for an expedited 
procedure for the review of a denial of a petition under this section 
by the Secretary. At the petitioner's request, the review shall include 
a de novo administrative hearing at which new evidence may be 
introduced.
    ``(h) Fees.--The Secretary of Homeland Security shall require, as a 
condition of approving the petition, the payment of a fee to recover 
the reasonable cost of processing the petition.
    ``(i) Enforcement.--
            ``(1) Investigations and audits.--The Secretary of 
        Agriculture shall be responsible for conducting investigations 
        and audits, including random audits, of employers to ensure 
        compliance with the requirements of the H-2C program. All 
        monetary fines levied against employers shall be paid to the 
        Department of Agriculture and used to enhance the Department of 
        Agriculture's investigative and auditing abilities to ensure 
        compliance by employers with their obligations under this 
        section.
            ``(2) Violations.--If the Secretary of Agriculture finds, 
        after notice and opportunity for a hearing, a failure to 
        fulfill an attestation required by this subsection, or a 
        material misrepresentation of a material fact in a petition 
        under this subsection, the Secretary--
                    ``(A) may impose such administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $1,000 per violation) as the Secretary 
                determines to be appropriate; and
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 1 year.
            ``(3) Willful violations.--If the Secretary of Agriculture 
        finds, after notice and opportunity for a hearing, a willful 
        failure to fulfill an attestation required by this subsection, 
        or a willful misrepresentation of a material fact in a petition 
        under this subsection, the Secretary--
                    ``(A) may impose such administrative remedies 
                (including civil money penalties in an amount not to 
                exceed $5,000 per violation, or not to exceed $15,000 
                per violation if in the course of such failure or 
                misrepresentation the employer displaced one or more 
                United States workers employed by the employer during 
                the period of employment of H-2C workers or during the 
                30-day period immediately preceding such period of 
                employment) in the job the H-2C workers are performing 
                as the Secretary determines to be appropriate;
                    ``(B) may disqualify the employer from the 
                employment of H-2C workers for a period of 2 years;
                    ``(C) may, for a subsequent failure to fulfill an 
                attestation required by this subsection, or a 
                misrepresentation of a material fact in a petition 
                under this subsection, disqualify the employer from the 
                employment of H-2C workers for a period of 5 years; and
                    ``(D) may, for a subsequent willful failure to 
                fulfill an attestation required by this subsection, or 
                a willful misrepresentation of a material fact in a 
                petition under this subsection, permanently disqualify 
                the employer from the employment of H-2C workers.
    ``(j) Failure To Pay Wages or Required Benefits.--
            ``(1) In general.--If the Secretary of Agriculture finds, 
        after notice and opportunity for a hearing, that the employer 
        has failed to provide the benefits, wages, and working 
        conditions that the employer has attested that it would provide 
        under this subsection, the Secretary shall require payment of 
        back wages, or such other required benefits, due any United 
        States workers or H-2C workers employed by the employer.
            ``(2) Amount.--The back wages or other required benefits 
        described in paragraph (1)--
                    ``(A) shall be equal to the difference between the 
                amount that should have been paid and the amount that 
                was paid to such workers; and
                    ``(B) shall be distributed to the workers to whom 
                such wages or benefits are due.
    ``(k) Minimum Wages, Benefits, and Working Conditions.--
            ``(1) Preferential treatment of h-2c workers prohibited.--
                    ``(A) In general.--Each employer seeking to hire 
                United States workers for the job the H-2C workers will 
                perform shall offer such United States workers not less 
                than the same benefits, wages, and working conditions 
                that the employer will provide to the H-2C workers. No 
                job offer may impose on United States workers any 
                restrictions or obligations which will not be imposed 
                on H-2C workers.
                    ``(B) Interpretation.--Every interpretation and 
                determination made under this section or under any 
                other law, regulation, or interpretative provision 
                regarding the nature, scope, and timing of the 
                provision of these and any other benefits, wages, and 
                other terms and conditions of employment shall be made 
                so that--
                            ``(i) the services of workers to their 
                        employers and the employment opportunities 
                        afforded to workers by the employers, including 
                        those employment opportunities that require 
                        United States workers or H-2C workers to travel 
                        or relocate in order to accept or perform 
                        employment--
                                    ``(I) mutually benefit such 
                                workers, as well as their families, and 
                                employers; and
                                    ``(II) principally benefit neither 
                                employer nor employee; and
                            ``(ii) employment opportunities within the 
                        United States benefit the United States 
                        economy.
            ``(2) Required wages.--
                    ``(A) In general.--Each employer petitioning for H-
                2C workers under this subsection (other than in the 
                case of workers who will perform agricultural labor or 
                services consisting of meat or poultry processing) will 
                offer the H-2C workers, during the period of authorized 
                employment as H-2C workers, wages that are at least the 
                greatest of--
                            ``(i) the applicable State or local minimum 
                        wage;
                            ``(ii) 115 percent of the Federal minimum 
                        wage, or 150 percent of the Federal minimum 
                        wage; or
                            ``(iii) the actual wage level paid by the 
                        employer to all other individuals in the job.
                    ``(B) Special rules.--
                            ``(i) Alternate wage payment systems.--An 
                        employer can utilize a piece rate or other 
                        alternative wage payment system so long as the 
                        employer guarantees each worker a wage rate 
                        that equals or exceeds the amount required 
                        under subparagraph (A) for the total hours 
                        worked in each pay period. Compensation from a 
                        piece rate or other alternative wage payment 
                        system shall include time spent during rest 
                        breaks, moving from job to job, clean up, or 
                        any other nonproductive time, provided that 
                        such time does not exceed 20 percent of the 
                        total hours in the work day.
                            ``(ii) Meat or poultry processing.--Each 
                        employer petitioning for H-2C workers under 
                        this subsection who will perform agricultural 
                        labor or services consisting of meat or poultry 
                        processing will offer the H-2C workers, during 
                        the period of authorized employment as H-2C 
                        workers, wages that are at least the greatest 
                        of--
                                    ``(I) the applicable State or local 
                                minimum wage;
                                    ``(II) 115 percent of the Federal 
                                minimum wage;
                                    ``(III) the prevailing wage level 
                                for the occupational classification in 
                                the area of employment; or
                                    ``(IV) the actual wage level paid 
                                by the employer to all other 
                                individuals in the job.
            ``(3) Employment guarantee.--
                    ``(A) In general.--
                            ``(i) Requirement.--Each employer 
                        petitioning for workers under this subsection 
                        shall guarantee to offer the H-2C workers and 
                        United States workers performing the same job 
                        employment for the hourly equivalent of not 
                        less than 50 percent of the work hours set 
                        forth in the work contract.
                            ``(ii) Failure to meet guarantee.--If an 
                        employer affords the United States workers or 
                        the H-2C workers less employment than that 
                        required under this subparagraph, the employer 
                        shall pay such workers the amount which the 
                        workers would have earned if the workers had 
                        worked for the guaranteed number of hours.
                    ``(B) Calculation of hours.--Any hours which 
                workers fail to work, up to a maximum of the number of 
                hours specified in the work contract for a work day, 
                when the workers have been offered an opportunity to do 
                so, and all hours of work actually performed (including 
                voluntary work in excess of the number of hours 
                specified in the work contract in a work day) may be 
                counted by the employer in calculating whether the 
                period of guaranteed employment has been met.
                    ``(C) Limitation.--If the workers abandon 
                employment before the end of the work contract period, 
                or are terminated for cause, the workers are not 
                entitled to the 50 percent guarantee described in 
                subparagraph (A).
                    ``(D) Termination of employment.--
                            ``(i) In general.--If, before the 
                        expiration of the period of employment 
                        specified in the work contract, the services of 
                        the workers are no longer required due to any 
                        form of natural disaster, including flood, 
                        hurricane, freeze, earthquake, fire, drought, 
                        plant or animal disease, pest infestation, 
                        regulatory action, or any other reason beyond 
                        the control of the employer before the 
                        employment guarantee in subparagraph (A) is 
                        fulfilled, the employer may terminate the 
                        workers' employment.
                            ``(ii) Requirements.--If a worker's 
                        employment is terminated under clause (i), the 
                        employer shall--
                                    ``(I) fulfill the employment 
                                guarantee in subparagraph (A) for the 
                                work days that have elapsed during the 
                                period beginning on the first work day 
                                and ending on the date on which such 
                                employment is terminated;
                                    ``(II) make efforts to transfer the 
                                worker to other comparable employment 
                                acceptable to the worker; and
                                    ``(III) not later than 72 hours 
                                after termination, notify the Secretary 
                                of Agriculture of such termination and 
                                stating the nature of the contract 
                                impossibility.
    ``(l) Nondelegation.--The Department of Agriculture and the 
Department of Homeland Security shall not delegate their investigatory, 
enforcement, or administrative functions relating to this section or 
section 218B to other agencies or departments of the Federal 
Government.
    ``(m) Compliance With Bio-Security Protocols.--Except in the case 
of an imminent threat to health or safety, any personnel from a Federal 
agency or Federal grantee seeking to determine the compliance of an 
employer with the requirements of this section or section 218B shall, 
when visiting such employer's place of employment, make their presence 
known to the employer and sign-in in accordance with reasonable bio-
security protocols before proceeding to any other area of the place of 
employment.
    ``(n) Limitation on H-2C Workers' Stay in Status.--
            ``(1) Maximum period.--The maximum continuous period of 
        authorized status as an H-2C worker (including any extensions) 
        is 18 months for workers employed in a job that is of a 
        temporary or seasonal nature. For H-2C workers employed in a 
        job that is not of a temporary or seasonal nature, the initial 
        maximum continuous period of authorized status is 36 months and 
        subsequent maximum continuous periods of authorized status are 
        18 months.
            ``(2) Requirement to remain outside the united states.--In 
        the case of H-2C workers who were employed in a job of a 
        temporary or seasonal nature whose maximum continuous period of 
        authorized status as H-2C workers (including any extensions) 
        have expired, the aliens may not again be eligible to be H-2C 
        workers until they remain outside the United States for a 
        continuous period equal to at least \1/12\ of the duration of 
        their previous period of authorized status an H-2C workers. For 
        H-2C workers who were employed in a job not of a temporary or 
        seasonal nature whose maximum continuous period of authorized 
        status as H-2C workers (including any extensions) have expired, 
        the aliens may not again be eligible to be H-2C workers until 
        they remain outside the United States for a continuous period 
        equal to at least the lesser of \1/12\ of the duration of their 
        previous period of authorized status as H-2C workers or 45 
        days.
            ``(3) Exceptions.--
                    ``(A) The Secretary of Homeland Security shall 
                deduct absences from the United States that take place 
                during an H-2C worker's period of authorized status 
                from the period that the alien is required to remain 
                outside the United States under paragraph (2), if the 
                alien or the alien's employer requests such a 
                deduction, and provides clear and convincing proof that 
                the alien qualifies for such a deduction. Such proof 
                shall consist of evidence such as arrival and departure 
                records, copies of tax returns, and records of 
                employment abroad.
                    ``(B) There is no maximum continuous period of 
                authorized status as set forth in paragraph (1) or a 
                requirement to remain outside the United States as set 
                forth in paragraph (2) for H-2C workers employed as a 
                sheepherder, goatherder, in the range production of 
                livestock, or who return to the workers' permanent 
                residence outside the United States each day.
    ``(o) Period of Admission.--
            ``(1) In general.--In addition to the maximum continuous 
        period of authorized status, workers' authorized period of 
        admission shall include--
                    ``(A) a period of not more than 7 days prior to the 
                beginning of authorized employment as H-2C workers for 
                the purpose of travel to the place of employment; and
                    ``(B) a period of not more than 14 days after the 
                conclusion of their authorized employment for the 
                purpose of departure from the United States or a period 
                of not more than 30 days following the employment for 
                the purpose of seeking a subsequent offer of employment 
                by an employer pursuant to a petition under this 
                section (or pursuant to at-will employment under 
                section 218B during such times as that section is in 
                effect) if they have not reached their maximum 
                continuous period of authorized employment under 
                subsection (n) (subject to the exceptions in subsection 
                (n)(3)) unless they accept subsequent offers of 
                employment as H-2C workers or are otherwise lawfully 
                present.
            ``(2) Failure to depart.--H-2C workers who do not depart 
        the United States within the periods referred to in paragraph 
        (1) will be considered to have failed to maintain nonimmigrant 
        status as H-2C workers and shall be subject to removal under 
        section 237(a)(1)(C)(i). Such aliens shall be considered to be 
        inadmissible pursuant to section 212(a)(9)(B)(i) for having 
        been unlawfully present, with the aliens considered to have 
        been unlawfully present for 181 days as of the 15th day 
        following their period of employment for the purpose of 
        departure or as of the 31st day following their period of 
        employment for the purpose of seeking subsequent offers of 
        employment.
    ``(p) Abandonment of Employment.--
            ``(1) Report by employer.--Not later than 72 hours after an 
        employer learns of the abandonment of employment by H-2C 
        workers before the conclusion of their work contracts, the 
        employer shall notify the Secretary of Agriculture and the 
        Secretary of Homeland Security of such abandonment.
            ``(2) Replacement of aliens.--An employer may designate 
        eligible aliens to replace H-2C workers who abandon employment 
        notwithstanding the numerical limitation found in section 
        214(g)(1)(C).
    ``(q) Change to H-2C Status.--
            ``(1) Waiver.--In the case of an alien described in 
        paragraph (4), the Secretary of Homeland Security shall waive 
        the ground of inadmissibility under paragraphs (6)(C) and 
        (9)(B) of section 212(a) with respect to conduct that occurred 
        prior to the alien first receiving status as an H-2C worker, 
        solely in order to provide the alien with such status.
            ``(2) Alien described.--An alien described in this 
        paragraph is an alien who--
                    ``(A) was unlawfully present in the United States 
                on October 23, 2017;
                    ``(B) performed agricultural labor or services in 
                the United States for at least 5.75 hours during each 
                of at least 180 days during the 2-year period ending on 
                October 23, 2017; and
                    ``(C) has departed the United States within 180 
                days of the issuance of final rules carrying out the AG 
                Act, and remains outside the United States.
    ``(r) Trust Fund To Assure Worker Return.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a trust fund (in this section referred to 
        as the `Trust Fund') for the purpose of providing a monetary 
        incentive for H-2C workers to return to their country of origin 
        upon expiration of their visas.
            ``(2) Withholding of wages; payment into the trust fund.--
                    ``(A) In general.--Notwithstanding the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 201 et seq.) and State 
                and local wage laws, all employers of H-2C workers 
                shall withhold from the wages of all H-2C workers other 
                than those employed as sheepherders, goatherders, in 
                the range production of livestock, or who return to the 
                their permanent residence outside the United States 
                each day, an amount equivalent to 10 percent of the 
                gross wages of each worker in each pay period and, on 
                behalf of each worker, transfer such withheld amount to 
                the Trust Fund.
                    ``(B) Jobs that are not of a temporary or seasonal 
                nature.--Employers of H-2C workers employed in jobs 
                that are not of a temporary or seasonal nature, other 
                than those employed as a sheepherder, goatherder, or in 
                the range production of livestock, shall also pay into 
                the Trust Fund an amount equivalent to the Federal tax 
                on the wages paid to H-2C workers that the employer 
                would be obligated to pay under chapters 21 and 23 of 
                the Internal Revenue Code of 1986 had the H-2C workers 
                been subject to such chapters.
            ``(3) Distribution of funds.--Amounts paid into the Trust 
        Fund on behalf of an H-2C worker, and held pursuant to 
        paragraph (2)(A) and interest earned thereon, shall be 
        transferred from the Trust Fund to the Secretary of Homeland 
        Security, who shall distribute them to the worker if the 
        worker--
                    ``(A) applies to the Secretary of Homeland Security 
                (or the designee of the Secretary) for payment within 
                120 days of the expiration of the alien's last 
                authorized stay in the United States as an H-2C worker, 
                for which they seek amounts from the Trust Fund;
                    ``(B) establishes to the satisfaction of the 
                Secretary of Homeland Security that they have complied 
                with the terms and conditions of the H-2C program;
                    ``(C) once approved by the Secretary of Homeland 
                Security for payment, physically appears at a United 
                States embassy or consulate in the worker's home 
                country; and
                    ``(D) establishes their identity to the 
                satisfaction of the Secretary of Homeland Security.
            ``(4) Administrative expenses.--The amounts paid into the 
        Trust Fund and held pursuant to paragraph (2)(B), and interest 
        earned thereon, shall be distributed annually to the Secretary 
        of Agriculture and the Secretary of Homeland Security in 
        amounts proportionate to the expenses incurred by such 
        officials in the administration and enforcement of the terms of 
        the H-2C program.
            ``(5) Law enforcement.--Notwithstanding any other provision 
        of law, amounts paid into the Trust Fund under paragraph (2), 
        and interest earned thereon, that are not needed to carry out 
        paragraphs (3) and (4) shall, to the extent provided in advance 
        in appropriations Acts, be made available until expended 
        without fiscal year limitation to the Secretary of Homeland 
        Security to apprehend, detain, and remove aliens inadmissible 
        to or deportable from the United States.
            ``(6) Investment of trust fund.--
                    ``(A) In general.--It shall be the duty of the 
                Secretary of the Treasury to invest such portion of the 
                Trust Fund as is not, in the Secretary's judgment, 
                required to meet current withdrawals. Such investments 
                may be made only in interest-bearing obligations of the 
                United States or in obligations guaranteed as to both 
                principal and interest by the United States.
                    ``(B) Credits to trust fund.--The interest on, and 
                the proceeds from the sale or redemption of, any 
                obligations held in the Trust Fund shall be credited to 
                and form a part of the Trust Fund.
                    ``(C) Report to congress.--It shall be the duty of 
                the Secretary of the Treasury to hold the Trust Fund, 
                and (after consultation with the Secretary of Homeland 
                Security) to report to the Congress each year on the 
                financial condition and the results of the operations 
                of the Trust Fund during the preceding fiscal year and 
                on its expected condition and operations during the 
                next fiscal year. Such report shall be printed as both 
                a House and a Senate document of the session of the 
                Congress in which the report is made.
    ``(s) Procedures for Special Procedures Industries.--
            ``(1) Work locations.--The Secretary of Homeland Security 
        shall permit an employer in a Special Procedures Industry that 
        does not operate at a single fixed place of employment to 
        provide, as part of its petition, a list of places of 
        employment, which--
                    ``(A) may include an itinerary; and
                    ``(B) may be subsequently amended at any time by 
                the employer, after notice to the Secretary.
            ``(2) Wages.--Notwithstanding subsection (k)(2), the 
        Secretary of Agriculture may establish monthly, weekly, or 
        biweekly wage rates for occupations in a Special Procedures 
        Industry for a State or other geographic area. For an employer 
        in a Special Procedures Industry that typically pays a monthly 
        wage, the Secretary shall require that H-2C workers be paid not 
        less frequently than monthly and at a rate no less than the 
        legally required monthly cash wage in an amount as re-
        determined annually by the Secretary.
            ``(3) Allergy limitation.--An employer engaged in the 
        commercial beekeeping or pollination services industry may 
        require that job applicants be free from bee-related allergies, 
        including allergies to pollen and bee venom.''.
    (b) At-Will Employment.--Chapter 2 of title II of the Immigration 
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting 
after section 218A (as inserted by subsection (a) of this section) the 
following:

``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.

    ``(a) In General.--An employer that is designated as a `registered 
agricultural employer' pursuant to subsection (c) may employ aliens as 
H-2C workers. However, an H-2C worker may only perform labor or 
services pursuant to this section if the worker is already lawfully 
present in the United States as an H-2C worker, having been admitted or 
otherwise provided nonimmigrant status pursuant to section 218A, and 
has completed the period of employment specified in the job offer the 
worker accepted pursuant to section 218A or the employer has terminated 
the worker's employment pursuant to section 218A(k)(3)(D)(i). An H-2C 
worker who abandons the employment which was the basis for admission or 
status pursuant to section 218A may not perform labor or services 
pursuant to this section until the worker has returned to their home 
country, been readmitted as an H-2C worker pursuant to section 218A and 
has completed the period of employment specified in the job offer the 
worker accepted pursuant to section 218A or the employer has terminated 
the worker's employment pursuant to section 218A(k)(3)(D)(i).
    ``(b) Period of Stay.--H-2C workers performing at-will labor or 
services for a registered agricultural employer are subject to the 
period of admission, limitation of stay in status, and requirement to 
remain outside the United States contained in subsections (o) and (n) 
of section 218A, except that subsection (n)(3)(A) does not apply.
    ``(c) Registered Agricultural Employers.--The Secretary of 
Agriculture shall establish a process to accept and adjudicate 
applications by employers to be designated as registered agricultural 
employers. The Secretary shall require, as a condition of approving the 
application, the payment of a fee to recover the reasonable cost of 
processing the application. The Secretary shall designate an employer 
as a registered agricultural employer if the Secretary determines that 
the employer--
            ``(1) employs (or plans to employ) individuals who perform 
        agricultural labor or services;
            ``(2) has not been subject to debarment from receiving 
        temporary agricultural labor certifications pursuant to section 
        101(a)(15)(H)(ii)(a) within the last three years;
            ``(3) has not been subject to disqualification from the 
        employment of H-2C workers within the last five years;
            ``(4) agrees to, if employing H-2C workers pursuant to this 
        section, fulfill the attestations contained in section 218A(b) 
        as if it had submitted a petition making those attestations 
        (excluding subsection (k)(3) of such section) and not to employ 
        H-2C workers who have reached their maximum continuous period 
        of authorized status under section 218A(n) (subject to the 
        exceptions contained in section 218A(n)(3)) or if the workers 
        have complied with the terms of section 218A(n)(2); and
            ``(5) agrees to notify the Secretary of Agriculture and the 
        Secretary of Homeland Security each time it employs H-2C 
        workers pursuant to this section within 72 hours of the 
        commencement of employment and within 72 hours of the cessation 
        of employment.
    ``(d) Length of Designation.--An employer's designation as a 
registered agricultural employer shall be valid for 3 years, and the 
Secretary may extend such designation for additional 3-year terms upon 
the reapplication of the employer. The Secretary shall revoke a 
designation before the expiration of its 3-year term if the employer is 
subject to disqualification from the employment of H-2C workers 
subsequent to being designated as a registered agricultural employer.
    ``(e) Enforcement.--The Secretary of Agriculture shall be 
responsible for conducting investigations and audits, including random 
audits, of employers to ensure compliance with the requirements of this 
section. All monetary fines levied against employers shall be paid to 
the Department of Agriculture and used to enhance the Department of 
Agriculture's investigatory and audit abilities to ensure compliance by 
employers with their obligations under this section and section 218A. 
The Secretary of Agriculture's enforcement powers and an employer's 
liability described in subsections (i) through (j) of section 218A are 
applicable to employers employing H-2C workers pursuant to this 
section.''.
    (c) Prohibition on Family Members.--Section 101(a)(15)(H) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by 
striking ``him;'' at the end and inserting ``him, except that no spouse 
or child may be admitted under clause (ii)(c);''.
    (d) Numerical Cap.--Section 214(g)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(C) under section 101(a)(15)(H)(ii)(c)--
                    ``(i) except as otherwise provided under this 
                subparagraph, may not exceed 40,000 for aliens issued 
                visas or otherwise provided nonimmigrant status under 
                such section for the purpose of performing agricultural 
                labor or services consisting or meat or poultry 
                processing;
                    ``(ii) except as otherwise provided under this 
                subparagraph, may not exceed 410,000 for aliens issued 
                visas or otherwise provided nonimmigrant status under 
                such section for the purpose of performing agricultural 
                labor or services other than agricultural labor or 
                services consisting of meat or poultry processing;
                    ``(iii) if the base allocation under clause (i) or 
                (ii) is exhausted during any fiscal year, the base 
                allocation under such clause for that and subsequent 
                fiscal years shall be increased by the lesser of 10 
                percent or a percentage representing the number of 
                petitioned-for aliens (as a percentage of the base 
                allocation) who would be eligible to be issued visas or 
                otherwise provided nonimmigrant status described in 
                that clause during that fiscal year but for the base 
                allocation being exhausted, and if the increased base 
                allocation is itself exhausted during a subsequent 
                fiscal year, the base allocation for that and 
                subsequent fiscal years shall be further increased by 
                the lesser of 10 percent or a percentage representing 
                the number of petitioned-for aliens (as a percentage of 
                the increased base allocation) who would be eligible to 
                be issued visas or otherwise provided nonimmigrant 
                status described in that clause during that fiscal year 
                but for the increased base allocation being exhausted 
                (subject to clause (iv));
                    ``(iv) if the base allocation under clause (i) or 
                (ii) is not exhausted during any fiscal year, the base 
                allocation under such clause for subsequent fiscal 
                years shall be decreased by the greater of 5 percent or 
                a percentage representing the unutilized portion of the 
                base allocation (as a percentage of the base 
                allocation) during that fiscal year, and if in a 
                subsequent fiscal year the decreased base allocation is 
                itself not exhausted, the base allocation for fiscal 
                years subsequent to that fiscal year shall be further 
                decreased by the greater of 5 percent or a percentage 
                representing the unutilized portion of the decreased 
                base allocation (as a percentage of the decreased base 
                allocation) during that fiscal year (subject to clause 
                (iii) and except that the base allocations under 
                clauses (ii) shall not fall below 410,000);
                    ``(v) the numerical limitations under this 
                subparagraph shall not apply to any alien--
                            ``(I) who--
                                    ``(aa) was physically present in 
                                the United States on October 23, 2017; 
                                and
                                    ``(bb) performed agricultural labor 
                                or services in the United States for at 
                                least 5.75 hours during each of at 
                                least 180 days during the 2-year period 
                                ending on October 23, 2017; or
                            ``(II) who has previously been issued a 
                        visa or otherwise provided nonimmigrant status 
                        pursuant to subclause (a) or (b) of section 
                        101(a)(15)(H)(ii), but only to the extent that 
                        the alien is being petitioned for by an 
                        employer pursuant to section 218A(b) who 
                        previously employed the alien pursuant to 
                        subclause (a) or (b) of section 
                        101(a)(15)(H)(ii) beginning no later than 
                        October 23, 2017.''.
    (e) Intent.--Section 214(b) of the Immigration and Nationality Act 
(8 U.S.C. 1184(b)) is amended by striking ``section 101(a)(15)(H)(i) 
except subclause (b1) of such section'' and inserting ``clause (i), 
except subclause (b1), or (ii)(c) of section 101(a)(15)(H)''.
    (f) 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 218 the following:

``Sec. 218B. At-will employment of temporary H-2C workers.''.

SEC. 2104. MEDIATION.

    Nonimmigrants having status under section 101(a)(15)(H)(ii)(c) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c)) 
may not bring civil actions for damages against their employers, nor 
may any other attorneys or individuals bring civil actions for damages 
on behalf of such nonimmigrants against the nonimmigrants' employers, 
unless at least 90 days prior to bringing an action a request has been 
made to the Federal Mediation and Conciliation Service to assist the 
parties in reaching a satisfactory resolution of all issues involving 
all parties to the dispute and mediation has been attempted.

SEC. 2105. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION.

    Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by striking 
``under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and 
Nationality Act.'' and inserting ``under subclauses (a) and (c) of 
section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and 
Nationality Act.''.

SEC. 2106. BINDING ARBITRATION.

    (a) Applicability.--H-2C workers may, as a condition of employment 
with an employer, be subject to mandatory binding arbitration and 
mediation of any grievance relating to the employment relationship. An 
employer shall provide any such workers with notice of such condition 
of employment at the time it makes job offers.
    (b) Allocation of Costs.--Any cost associated with such arbitration 
and mediation process shall be equally divided between the employer and 
the H-2C workers, except that each party shall be responsible for the 
cost of its own counsel, if any.
    (c) Definitions.--As used in this section:
            (1) The term ``condition of employment'' means a term, 
        condition, obligation, or requirement that is part of the job 
        offer, such as the term of employment, job responsibilities, 
        employee conduct standards, and the grievance resolution 
        process, and to which applicants or prospective H-2C workers 
        must consent or accept in order to be hired for the position.
            (2) The term ``H-2C worker'' means a nonimmigrant described 
        in section 218A(a)(5) of the Immigration and Nationality Act, 
        as added by this title.

SEC. 2107. ELIGIBILITY FOR HEALTH CARE SUBSIDIES AND REFUNDABLE TAX 
              CREDITS; REQUIRED HEALTH INSURANCE COVERAGE.

    (a) Health Care Subsidies.--H-2C workers (as defined in section 
218A(a)(5) of the Immigration and Nationality Act, as added by this 
title)--
            (1) are not entitled to the premium assistance tax credit 
        authorized under section 36B of the Internal Revenue Code of 
        1986 and shall be subject to the rules applicable to 
        individuals who are not lawfully present set forth in 
        subsection (e) of such section; and
            (2) shall be subject to the rules applicable to individuals 
        who are not lawfully present set forth in section 1402(e) of 
        the Patient Protection and Affordable Care Act (42 U.S.C. 
        18071(e)).
    (b) Refundable Tax Credits.--H-2C workers (as defined in section 
218A(a)(5) of the Immigration and Nationality Act, as added by this 
title), shall not be allowed any credit under sections 24 and 32 of the 
Internal Revenue Code of 1986. In the case of a joint return, no credit 
shall be allowed under either such section if both spouses are such 
workers or aliens.
    (c) Requirement Regarding Health Insurance Coverage.--
Notwithstanding the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) and State and local wage laws, not later than 21 days after being 
issued a visa or otherwise provided nonimmigrant status under section 
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(c)), an alien must obtain health insurance coverage 
accepted in their State or States of employment and residence for the 
period of employment specified in section 218A(b)(1) of the Immigration 
and Nationality Act. H-2C workers under sections 218A or 218B of the 
Immigration and Nationality Act who do not obtain and maintain the 
required insurance coverage will be considered to have failed to 
maintain nonimmigrant status under section 101(a)(15)(H)(ii)(c) of the 
Immigration and Nationality Act and shall be subject to removal under 
section 237(a)(1)(C)(i) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(1)(C)(i)).

SEC. 2108. STUDY OF ESTABLISHMENT OF AN AGRICULTURAL WORKER EMPLOYMENT 
              POOL.

    (a) Study.--The Secretary of Agriculture shall conduct a study on 
the feasibility of establishing an agricultural worker employment pool 
and an electronic Internet-based portal to assist H-2C workers (as such 
term is defined in section 218A of the Immigration and Nationality 
Act), prospective H-2C workers, and employers to identify job 
opportunities in the H-2C program and willing, able and available 
workers for the program, respectively.
    (b) Contents.--The study required under subsection (a) shall 
include an analysis of--
            (1) the cost of creating such a pool and portal;
            (2) potential funding sources or mechanisms to support the 
        creation and maintenance of the pool and portal;
            (3) with respect to H-2C workers and prospective H-2C 
        workers in the pool, the data that would be relevant for 
        employers;
            (4) the merits of assisting H-2C workers and employers in 
        identifying job opportunities and willing, able, and available 
        workers, respectively; and
            (5) other beneficial uses for such a pool and portal.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Agriculture shall submit to the 
Committees on the Judiciary of the House of Representatives and the 
Senate a report containing the results of the study required under 
subsection (a).

SEC. 2109. PREVAILING WAGE.

    Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 
1182(p)) is amended--
            (1) in paragraph (1), by inserting after ``subsections 
        (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the 
        following: ``of this section and section 218A(k)(2)(B)(ii)''; 
        and
            (2) in paragraph (3), by inserting after ``subsections 
        (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the 
        following: ``of this section and section 218A(k)(2)(B)(ii)''.

SEC. 2110. EFFECTIVE DATES; SUNSET; REGULATIONS.

    (a) Effective Dates; Regulations.--
            (1) In general.--Sections 2102 and 2104 through 2106 of 
        this title, subsections (a) and (c) through (f) of section 2103 
        of this title, and the amendments made by the sections, shall 
        take effect on the date on which the Secretary issues the rules 
        under paragraph (3), and the Secretary of Homeland Security 
        shall accept petitions pursuant to section 218A of the 
        Immigration and Nationality Act, as inserted by this Act, 
        beginning no later than that date. Sections 2107 and 2109 of 
        this title shall take effect on the date of the enactment of 
        this Act.
            (2) At-will employment.--Section 2103(b) of this title and 
        the amendments made by that subsection shall take effect when--
                    (A) it becomes unlawful for all persons or other 
                entities to hire, or to recruit or refer for a fee, for 
                employment in the United States an individual (as 
                provided in section 274A(a)(1) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(a)(1))) without 
                participating in the E-Verify Program described in 
                section 403(a) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note) or an employment eligibility verification system 
                patterned on such program's verification system; and
                    (B) the E-Verify Program responds to inquiries made 
                by such persons or entities described in subparagraph 
                (A) by providing confirmation, tentative 
                nonconfirmation, and final nonconfirmation of an 
                individual's identity and employment eligibility in 
                such a way that indicates whether the individual is 
                eligible to be employed in all occupations or only to 
                perform agricultural labor or services under sections 
                218A and 219B of the Immigration and Nationality Act, 
                as added by section 2103 of this title, and if the 
                latter, whether the nonimmigrant would be in compliance 
                with their maximum continuous period of authorized 
                status and requirement to remain outside the United 
                States under section 218A(n) of such Act, as added by 
                section 2103(a) of this title, and on what date the 
                alien would cease to be in compliance with their 
                maximum continuous period of authorized status.
            (3) Regulations.--Notwithstanding any other provision of 
        law, not later than the first day of the seventh month that 
        begins after the date of the enactment of this Act, the 
        Secretary of Homeland Security shall issue final rules, on an 
        interim or other basis, to carry out this title.
    (b) Operation and Sunset of the H-2A Program.--
            (1) Application of existing regulations.--The Department of 
        Labor H-2A program regulations published at 73 Federal Register 
        77110 et seq. (2008) shall be in force for all petitions 
        approved under sections 101(a)(15)(H)(ii)(a) and 218 of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188) beginning on the date of 
        the enactment of this Act, except that the following, as in 
        effect on such date, shall remain in effect, and, to the extent 
        that any rule published at 73 Federal Register 77110 et seq. is 
        in conflict, such rule shall have no force and effect:
                    (A) Paragraph (a) and subparagraphs (1) and (3) of 
                paragraph (b) of section 655.200 of title 20, Code of 
                Federal Regulations.
                    (B) Section 655.201 of title 20, Code of Federal 
                Regulations, except the paragraphs entitled 
                ``Production of Livestock'' and ``Range''.
                    (C) Paragraphs (c), (d) and (e) of section 655.210 
                of title 20, Code of Federal Regulations.
                    (D) Section 655.230 of title 20, Code of Federal 
                Regulations.
                    (E) Section 655.235 of title 20, Code of Federal 
                Regulations.
                    (F) The Special Procedures Labor Certification 
                Process for Employers in the Itinerant Animal Shearing 
                Industry under the H-2A Program in effect under the 
                Training and Employment Guidance Letter No. 17-06, 
                Change 1, Attachment B, Section II, with an effective 
                date of October 1, 2011.
            (2) Sunset.--Beginning on the date on which employers can 
        file petitions pursuant to section 218A of the Immigration and 
        Nationality Act, as added by section 2103(a) of this title, no 
        new petitions under sections 101(a)(15)(H)(ii)(a) and 218 of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188) shall be accepted.

SEC. 2111. REPORT ON COMPLIANCE AND VIOLATIONS.

    (a) In General.--Not later than 1 year after the first day on which 
employers can file petitions pursuant to section 218A of the 
Immigration and Nationality Act, as added by section 2103(a) of this 
title, the Secretary of Homeland Security, in consultation with the 
Secretary of Agriculture, shall submit to the Committees on the 
Judiciary of the House of Representatives and the Senate a report on 
compliance by H-2C workers with the requirements of this title and the 
Immigration and Nationality Act, as amended by this title. In the case 
of a violation of a term or condition of the temporary agricultural 
work visa program established by this title, the report shall identify 
the provision or provisions of law violated.
    (b) Definition.--As used in this section, the term ``H-2C worker'' 
means a nonimmigrant described in section 218A(a)(4) of the Immigration 
and Nationality Act, as added by section 2103(a) of this title.

                        TITLE III--VISA SECURITY

SEC. 3101. 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. 3102. 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. 3103. 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. 3104. 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. 3105. VISA REFUSAL AND REVOCATION.

    (a) Authority of the Secretary of Homeland Security and the 
Secretary of State.--
            (1) In general.--Section 428 of the Homeland Security Act 
        of 2002 (6 U.S.C. 236) is amended by striking subsections (b) 
        and (c) and inserting the following:
    ``(b) Authority of the Secretary of Homeland Security.--
            ``(1) In general.--Notwithstanding section 104(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1104(a)) or any other 
        provision of law, and except as provided in subsection (c) and 
        except for the authority of the Secretary of State under 
        subparagraphs (A) and (G) of section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), the 
        Secretary--
                    ``(A) shall have exclusive authority to issue 
                regulations, establish policy, and administer and 
                enforce the provisions of the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.) and all other 
                immigration or nationality laws relating to the 
                functions of consular officers of the United States in 
                connection with the granting and refusal of a visa; and
                    ``(B) may refuse or revoke any visa to any alien or 
                class of aliens if the Secretary, or designee, 
                determines that such refusal or revocation is necessary 
                or advisable in the security or foreign policy 
                interests of the United States.
            ``(2) Effect of revocation.--The revocation of any visa 
        under paragraph (1)(B)--
                    ``(A) shall take effect immediately; and
                    ``(B) shall automatically cancel any other valid 
                visa that is in the alien's possession.
            ``(3) Judicial review.--Notwithstanding any other provision 
        of law, including section 2241 of title 28, United States Code, 
        or any other habeas corpus provision, and sections 1361 and 
        1651 of such title, no court shall have jurisdiction to review 
        a decision by the Secretary of Homeland Security to refuse or 
        revoke a visa, and no court shall have jurisdiction to hear any 
        claim arising from, or any challenge to, such a refusal or 
        revocation.
    ``(c) Authority of the Secretary of State.--
            ``(1) In general.--The Secretary of State may direct a 
        consular officer to refuse a visa requested by an alien if the 
        Secretary of State determines such refusal to be necessary or 
        advisable in the security or foreign policy interests of the 
        United States.
            ``(2) Limitation.--No decision by the Secretary of State to 
        approve a visa may override a decision by the Secretary of 
        Homeland Security under subsection (b).''.
            (2) Authority of the secretary of state.--Section 221(i) of 
        the Immigration and Nationality Act (8 U.S.C. 1201(i)) is 
        amended by striking ``subsection, except in the context of a 
        removal proceeding if such revocation provides the sole ground 
        for removal under section 237(a)(1)(B).'' and inserting 
        ``subsection.''.
            (3) Conforming amendment.--Section 237(a)(1)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is 
        amended by striking ``under section 221(i)''.
            (4) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to visa refusals and revocations occurring before, 
        on, or after such date.
    (b) Technical Corrections to the Homeland Security Act.--Section 
428(a) of the Homeland Security Act of 2002 (6 U.S.C. 236(a)) is 
amended--
            (1) by striking ``subsection'' and inserting ``section''; 
        and
            (2) by striking ``consular office'' and inserting 
        ``consular officer''.

SEC. 3106. 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. 3107. 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. 3108. VISA INELIGIBILITY FOR SPOUSES AND CHILDREN OF DRUG 
              TRAFFICKERS.

    Section 202(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. 3109. 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. 3110. 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. 3111. 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. 3112. 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)''.

              DIVISION B--INTERIOR IMMIGRATION ENFORCEMENT

                      TITLE I--LEGAL WORKFORCE ACT

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Legal Workforce Act''.

SEC. 1102. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
    ``(b) Employment Eligibility Verification Process.--
            ``(1) New hires, recruitment, and referral.--The 
        requirements referred to in paragraphs (1)(B) and (3) of 
        subsection (a) are, in the case of a person or other entity 
        hiring, recruiting, or referring an individual for employment 
        in the United States, the following:
                    ``(A) Attestation after examination of 
                documentation.--
                            ``(i) Attestation.--During the verification 
                        period (as defined in subparagraph (E)), the 
                        person or entity shall attest, under penalty of 
                        perjury and on a form, including electronic and 
                        telephonic formats, designated or established 
                        by the Secretary by regulation not later than 6 
                        months after the date of the enactment of the 
                        Legal Workforce Act, that it has verified that 
                        the individual is not an unauthorized alien 
                        by--
                                    ``(I) obtaining from the individual 
                                the individual's social security 
                                account number or United States 
                                passport number and recording the 
                                number on the form (if the individual 
                                claims to have been issued such a 
                                number), and, if the individual does 
                                not attest to United States nationality 
                                under subparagraph (B), obtaining such 
                                identification or authorization number 
                                established by the Department of 
                                Homeland Security for the alien as the 
                                Secretary of Homeland Security may 
                                specify, and recording such number on 
                                the form; and
                                    ``(II) examining--
                                            ``(aa) a document relating 
                                        to the individual presenting it 
                                        described in clause (ii); or
                                            ``(bb) a document relating 
                                        to the individual presenting it 
                                        described in clause (iii) and a 
                                        document relating to the 
                                        individual presenting it 
                                        described in clause (iv).
                            ``(ii) Documents evidencing employment 
                        authorization and establishing identity.--A 
                        document described in this subparagraph is an 
                        individual's--
                                    ``(I) unexpired United States 
                                passport or passport card;
                                    ``(II) unexpired permanent resident 
                                card that contains a photograph;
                                    ``(III) unexpired employment 
                                authorization card that contains a 
                                photograph;
                                    ``(IV) in the case of a 
                                nonimmigrant alien authorized to work 
                                for a specific employer incident to 
                                status, a foreign passport with Form I-
                                94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary specifying the alien's 
                                nonimmigrant status as long as the 
                                period of status has not yet expired 
                                and the proposed employment is not in 
                                conflict with any restrictions or 
                                limitations identified in the 
                                documentation;
                                    ``(V) passport from the Federated 
                                States of Micronesia (FSM) or the 
                                Republic of the Marshall Islands (RMI) 
                                with Form I-94 or Form I-94A, or other 
                                documentation as designated by the 
                                Secretary, indicating nonimmigrant 
                                admission under the Compact of Free 
                                Association Between the United States 
                                and the FSM or RMI; or
                                    ``(VI) other document designated by 
                                the Secretary of Homeland Security, if 
                                the document--
                                            ``(aa) contains a 
                                        photograph of the individual 
                                        and biometric identification 
                                        data from the individual and 
                                        such other personal identifying 
                                        information relating to the 
                                        individual as the Secretary of 
                                        Homeland Security finds, by 
                                        regulation, sufficient for 
                                        purposes of this clause;
                                            ``(bb) is evidence of 
                                        authorization of employment in 
                                        the United States; and
                                            ``(cc) contains security 
                                        features to make it resistant 
                                        to tampering, counterfeiting, 
                                        and fraudulent use.
                            ``(iii) Documents evidencing employment 
                        authorization.--A document described in this 
                        subparagraph is an individual's social security 
                        account number card (other than such a card 
                        which specifies on the face that the issuance 
                        of the card does not authorize employment in 
                        the United States).
                            ``(iv) Documents establishing identity of 
                        individual.--A document described in this 
                        subparagraph is--
                                    ``(I) an individual's unexpired 
                                driver's license or identification card 
                                if it was issued by a State or American 
                                Samoa and contains a photograph and 
                                information such as name, date of 
                                birth, gender, height, eye color, and 
                                address;
                                    ``(II) an individual's unexpired 
                                U.S. military identification card;
                                    ``(III) an individual's unexpired 
                                Native American tribal identification 
                                document issued by a tribal entity 
                                recognized by the Bureau of Indian 
                                Affairs; or
                                    ``(IV) in the case of an individual 
                                under 18 years of age, a parent or 
                                legal guardian's attestation under 
                                penalty of law as to the identity and 
                                age of the individual.
                            ``(v) Authority to prohibit use of certain 
                        documents.--If the Secretary of Homeland 
                        Security finds, by regulation, that any 
                        document described in clause (i), (ii), or 
                        (iii) as establishing employment authorization 
                        or identity does not reliably establish such 
                        authorization or identity or is being used 
                        fraudulently to an unacceptable degree, the 
                        Secretary may prohibit or place conditions on 
                        its use for purposes of this paragraph.
                            ``(vi) Signature.--Such attestation may be 
                        manifested by either a handwritten or 
                        electronic signature.
                    ``(B) Individual attestation of employment 
                authorization.--During the verification period (as 
                defined in subparagraph (E)), the individual shall 
                attest, under penalty of perjury on the form designated 
                or established for purposes of subparagraph (A), that 
                the individual is a citizen or national of the United 
                States, an alien lawfully admitted for permanent 
                residence, or an alien who is authorized under this Act 
                or by the Secretary of Homeland Security to be hired, 
                recruited, or referred for such employment. Such 
                attestation may be manifested by either a handwritten 
                or electronic signature. The individual shall also 
                provide that individual's social security account 
                number or United States passport number (if the 
                individual claims to have been issued such a number), 
                and, if the individual does not attest to United States 
                nationality under this subparagraph, such 
                identification or authorization number established by 
                the Department of Homeland Security for the alien as 
                the Secretary may specify.
                    ``(C) Retention of verification form and 
                verification.--
                            ``(i) In general.--After completion of such 
                        form in accordance with subparagraphs (A) and 
                        (B), the person or entity shall--
                                    ``(I) retain a paper, microfiche, 
                                microfilm, or electronic version of the 
                                form and make it available for 
                                inspection by officers of the 
                                Department of Homeland Security, the 
                                Department of Justice, or the 
                                Department of Labor during a period 
                                beginning on the date of the recruiting 
                                or referral of the individual, or, in 
                                the case of the hiring of an 
                                individual, the date on which the 
                                verification is completed, and ending--
                                            ``(aa) in the case of the 
                                        recruiting or referral of an 
                                        individual, 3 years after the 
                                        date of the recruiting or 
                                        referral; and
                                            ``(bb) in the case of the 
                                        hiring of an individual, the 
                                        later of 3 years after the date 
                                        the verification is completed 
                                        or one year after the date the 
                                        individual's employment is 
                                        terminated; and
                                    ``(II) during the verification 
                                period (as defined in subparagraph 
                                (E)), make an inquiry, as provided in 
                                subsection (d), using the verification 
                                system to seek verification of the 
                                identity and employment eligibility of 
                                an individual.
                            ``(ii) Confirmation.--
                                    ``(I) Confirmation received.--If 
                                the person or other entity receives an 
                                appropriate confirmation of an 
                                individual's identity and work 
                                eligibility under the verification 
                                system within the time period 
                                specified, the person or entity shall 
                                record on the form an appropriate code 
                                that is provided under the system and 
                                that indicates a final confirmation of 
                                such identity and work eligibility of 
                                the individual.
                                    ``(II) Tentative nonconfirmation 
                                received.--If the person or other 
                                entity receives a tentative 
                                nonconfirmation of an individual's 
                                identity or work eligibility under the 
                                verification system within the time 
                                period specified, the person or entity 
                                shall so inform the individual for whom 
                                the verification is sought. If the 
                                individual does not contest the 
                                nonconfirmation within the time period 
                                specified, the nonconfirmation shall be 
                                considered final. The person or entity 
                                shall then record on the form an 
                                appropriate code which has been 
                                provided under the system to indicate a 
                                final nonconfirmation. If the 
                                individual does contest the 
                                nonconfirmation, the individual shall 
                                utilize the process for secondary 
                                verification provided under subsection 
                                (d). The nonconfirmation will remain 
                                tentative until a final confirmation or 
                                nonconfirmation is provided by the 
                                verification system within the time 
                                period specified. In no case shall an 
                                employer terminate employment of an 
                                individual because of a failure of the 
                                individual to have identity and work 
                                eligibility confirmed under this 
                                section until a nonconfirmation becomes 
                                final. Nothing in this clause shall 
                                apply to a termination of employment 
                                for any reason other than because of 
                                such a failure. In no case shall an 
                                employer rescind the offer of 
                                employment to an individual because of 
                                a failure of the individual to have 
                                identity and work eligibility confirmed 
                                under this subsection until a 
                                nonconfirmation becomes final. Nothing 
                                in this subclause shall apply to a 
                                rescission of the offer of employment 
                                for any reason other than because of 
                                such a failure.
                                    ``(III) Final confirmation or 
                                nonconfirmation received.--If a final 
                                confirmation or nonconfirmation is 
                                provided by the verification system 
                                regarding an individual, the person or 
                                entity shall record on the form an 
                                appropriate code that is provided under 
                                the system and that indicates a 
                                confirmation or nonconfirmation of 
                                identity and work eligibility of the 
                                individual.
                                    ``(IV) Extension of time.--If the 
                                person or other entity in good faith 
                                attempts to make an inquiry during the 
                                time period specified and the 
                                verification system has registered that 
                                not all inquiries were received during 
                                such time, the person or entity may 
                                make an inquiry in the first subsequent 
                                working day in which the verification 
                                system registers that it has received 
                                all inquiries. If the verification 
                                system cannot receive inquiries at all 
                                times during a day, the person or 
                                entity merely has to assert that the 
                                entity attempted to make the inquiry on 
                                that day for the previous sentence to 
                                apply to such an inquiry, and does not 
                                have to provide any additional proof 
                                concerning such inquiry.
                                    ``(V) Consequences of 
                                nonconfirmation.--
                                            ``(aa) Termination or 
                                        notification of continued 
                                        employment.--If the person or 
                                        other entity has received a 
                                        final nonconfirmation regarding 
                                        an individual, the person or 
                                        entity may terminate employment 
                                        of the individual (or decline 
                                        to recruit or refer the 
                                        individual). If the person or 
                                        entity does not terminate 
                                        employment of the individual or 
                                        proceeds to recruit or refer 
                                        the individual, the person or 
                                        entity shall notify the 
                                        Secretary of Homeland Security 
                                        of such fact through the 
                                        verification system or in such 
                                        other manner as the Secretary 
                                        may specify.
                                            ``(bb) Failure to notify.--
                                        If the person or entity fails 
                                        to provide notice with respect 
                                        to an individual as required 
                                        under item (aa), the failure is 
                                        deemed to constitute a 
                                        violation of subsection 
                                        (a)(1)(A) with respect to that 
                                        individual.
                                    ``(VI) Continued employment after 
                                final nonconfirmation.--If the person 
                                or other entity continues to employ (or 
                                to recruit or refer) an individual 
                                after receiving final nonconfirmation, 
                                a rebuttable presumption is created 
                                that the person or entity has violated 
                                subsection (a)(1)(A).
                    ``(D) Effective dates of new procedures.--
                            ``(i) Hiring.--Except as provided in clause 
                        (iii), the provisions of this paragraph shall 
                        apply to a person or other entity hiring an 
                        individual for employment in the United States 
                        as follows:
                                    ``(I) With respect to employers 
                                having 10,000 or more employees in the 
                                United States on the date of the 
                                enactment of the Legal Workforce Act, 
                                on the date that is 6 months after the 
                                date of the enactment of such Act.
                                    ``(II) With respect to employers 
                                having 500 or more employees in the 
                                United States, but less than 10,000 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 12 
                                months after the date of the enactment 
                                of such Act.
                                    ``(III) With respect to employers 
                                having 20 or more employees in the 
                                United States, but less than 500 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 18 
                                months after the date of the enactment 
                                of such Act.
                                    ``(IV) With respect to employers 
                                having 1 or more employees in the 
                                United States, but less than 20 
                                employees in the United States, on the 
                                date of the enactment of the Legal 
                                Workforce Act, on the date that is 24 
                                months after the date of the enactment 
                                of such Act.
                            ``(ii) Recruiting and referring.--Except as 
                        provided in clause (iii), the provisions of 
                        this paragraph shall apply to a person or other 
                        entity recruiting or referring an individual 
                        for employment in the United States on the date 
                        that is 12 months after the date of the 
                        enactment of the Legal Workforce Act.
                            ``(iii) Agricultural labor or services.--
                        With respect to an employee performing 
                        agricultural labor or services, this paragraph 
                        shall not apply with respect to the 
                        verification of the employee until the date 
                        that is 18 months after the date of the 
                        enactment of the Legal Workforce Act. For 
                        purposes of the preceding sentence, the term 
                        `agricultural labor or services' has the 
                        meaning given such term by the Secretary of 
                        Agriculture in regulations and includes 
                        agricultural labor as defined in section 
                        3121(g) of the Internal Revenue Code of 1986, 
                        agriculture as defined in section 3(f) of the 
                        Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(f)), the handling, planting, drying, 
                        packing, packaging, processing, freezing, or 
                        grading prior to delivery for storage of any 
                        agricultural or horticultural commodity in its 
                        unmanufactured state, all activities required 
                        for the preparation, processing or 
                        manufacturing of a product of agriculture (as 
                        such term is defined in such section 3(f)) for 
                        further distribution, and activities similar to 
                        all the foregoing as they relate to fish or 
                        shellfish facilities. An employee described in 
                        this clause shall not be counted for purposes 
                        of clause (i).
                            ``(iv) Extensions.--Upon request by an 
                        employer having 50 or fewer employees, the 
                        Secretary shall allow a one-time 6-month 
                        extension of the effective date set out in this 
                        subparagraph applicable to such employer. Such 
                        request shall be made to the Secretary and 
                        shall be made prior to such effective date.
                            ``(v) Transition rule.--Subject to 
                        paragraph (4), the following shall apply to a 
                        person or other entity hiring, recruiting, or 
                        referring an individual for employment in the 
                        United States until the effective date or dates 
                        applicable under clauses (i) through (iii):
                                    ``(I) This subsection, as in effect 
                                before the enactment of the Legal 
                                Workforce Act.
                                    ``(II) Subtitle A of title IV of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 7(c) of 
                                the Legal Workforce Act.
                                    ``(III) Any other provision of 
                                Federal law requiring the person or 
                                entity to participate in the E-Verify 
                                Program described in section 403(a) of 
                                the Illegal Immigration Reform and 
                                Immigrant Responsibility Act of 1996 (8 
                                U.S.C. 1324a note), as in effect before 
                                the effective date in section 7(c) of 
                                the Legal Workforce Act, including 
                                Executive Order 13465 (8 U.S.C. 1324a 
                                note; relating to Government 
                                procurement).
                    ``(E) Verification period defined.--
                            ``(i) In general.--For purposes of this 
                        paragraph:
                                    ``(I) In the case of recruitment or 
                                referral, the term `verification 
                                period' means the period ending on the 
                                date recruiting or referring commences.
                                    ``(II) In the case of hiring, the 
                                term `verification period' means the 
                                period beginning on the date on which 
                                an offer of employment is extended and 
                                ending on the date that is three 
                                business days after the date of hire, 
                                except as provided in clause (iii). The 
                                offer of employment may be conditioned 
                                in accordance with clause (ii).
                            ``(ii) Job offer may be conditional.--A 
                        person or other entity may offer a prospective 
                        employee an employment position that is 
                        conditioned on final verification of the 
                        identity and employment eligibility of the 
                        employee using the procedures established under 
                        this paragraph.
                            ``(iii) Special rule.--Notwithstanding 
                        clause (i)(II), in the case of an alien who is 
                        authorized for employment and who provides 
                        evidence from the Social Security 
                        Administration that the alien has applied for a 
                        social security account number, the 
                        verification period ends three business days 
                        after the alien receives the social security 
                        account number.
            ``(2) Reverification for individuals with limited work 
        authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a person or entity shall make an 
                inquiry, as provided in subsection (d), using the 
                verification system to seek reverification of the 
                identity and employment eligibility of all individuals 
                with a limited period of work authorization employed by 
                the person or entity during the three business days 
                after the date on which the employee's work 
                authorization expires as follows:
                            ``(i) With respect to employers having 
                        10,000 or more employees in the United States 
                        on the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 6 
                        months after the date of the enactment of such 
                        Act.
                            ``(ii) With respect to employers having 500 
                        or more employees in the United States, but 
                        less than 10,000 employees in the United 
                        States, on the date of the enactment of the 
                        Legal Workforce Act, beginning on the date that 
                        is 12 months after the date of the enactment of 
                        such Act.
                            ``(iii) With respect to employers having 20 
                        or more employees in the United States, but 
                        less than 500 employees in the United States, 
                        on the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 18 
                        months after the date of the enactment of such 
                        Act.
                            ``(iv) With respect to employers having 1 
                        or more employees in the United States, but 
                        less than 20 employees in the United States, on 
                        the date of the enactment of the Legal 
                        Workforce Act, beginning on the date that is 24 
                        months after the date of the enactment of such 
                        Act.
                    ``(B) Agricultural labor or services.--With respect 
                to an employee performing agricultural labor or 
                services, or an employee recruited or referred by a 
                farm labor contractor (as defined in section 3 of the 
                Migrant and Seasonal Agricultural Worker Protection Act 
                (29 U.S.C. 1801)), subparagraph (A) shall not apply 
                with respect to the reverification of the employee 
                until the date that is 18 months after the date of the 
                enactment of the Legal Workforce Act. For purposes of 
                the preceding sentence, the term `agricultural labor or 
                services' has the meaning given such term by the 
                Secretary of Agriculture in regulations and includes 
                agricultural labor as defined in section 3121(g) of the 
                Internal Revenue Code of 1986, agriculture as defined 
                in section 3(f) of the Fair Labor Standards Act of 1938 
                (29 U.S.C. 203(f)), the handling, planting, drying, 
                packing, packaging, processing, freezing, or grading 
                prior to delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state, 
                all activities required for the preparation, 
                processing, or manufacturing of a product of 
                agriculture (as such term is defined in such section 
                3(f)) for further distribution, and activities similar 
                to all the foregoing as they relate to fish or 
                shellfish facilities. An employee described in this 
                subparagraph shall not be counted for purposes of 
                subparagraph (A).
                    ``(C) Reverification.--Paragraph (1)(C)(ii) shall 
                apply to reverifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Department of Justice, or the 
                        Department of Labor during the period beginning 
                        on the date the reverification commences and 
                        ending on the date that is the later of 3 years 
                        after the date of such reverification or 1 year 
                        after the date the individual's employment is 
                        terminated.
            ``(3) Previously hired individuals.--
                    ``(A) On a mandatory basis for certain employees.--
                            ``(i) In general.--Not later than the date 
                        that is 6 months after the date of the 
                        enactment of the Legal Workforce Act, an 
                        employer shall make an inquiry, as provided in 
                        subsection (d), using the verification system 
                        to seek verification of the identity and 
                        employment eligibility of any individual 
                        described in clause (ii) employed by the 
                        employer whose employment eligibility has not 
                        been verified under the E-Verify Program 
                        described in section 403(a) of the Illegal 
                        Immigration Reform and Immigrant Responsibility 
                        Act of 1996 (8 U.S.C. 1324a note).
                            ``(ii) Individuals described.--An 
                        individual described in this clause is any of 
                        the following:
                                    ``(I) An employee of any unit of a 
                                Federal, State, or local government.
                                    ``(II) An employee who requires a 
                                Federal security clearance working in a 
                                Federal, State or local government 
                                building, a military base, a nuclear 
                                energy site, a weapons site, or an 
                                airport or other facility that requires 
                                workers to carry a Transportation 
                                Worker Identification Credential 
                                (TWIC).
                                    ``(III) An employee assigned to 
                                perform work in the United States under 
                                a Federal contract, except that this 
                                subclause--
                                            ``(aa) is not applicable to 
                                        individuals who have a 
                                        clearance under Homeland 
                                        Security Presidential Directive 
                                        12 (HSPD 12 clearance), are 
                                        administrative or overhead 
                                        personnel, or are working 
                                        solely on contracts that 
                                        provide Commercial Off The 
                                        Shelf goods or services as set 
                                        forth by the Federal 
                                        Acquisition Regulatory Council, 
                                        unless they are subject to 
                                        verification under subclause 
                                        (II); and
                                            ``(bb) only applies to 
                                        contracts over the simple 
                                        acquisition threshold as 
                                        defined in section 2.101 of 
                                        title 48, Code of Federal 
                                        Regulations.
                    ``(B) On a mandatory basis for multiple users of 
                same social security account number.--In the case of an 
                employer who is required by this subsection to use the 
                verification system described in subsection (d), or has 
                elected voluntarily to use such system, the employer 
                shall make inquiries to the system in accordance with 
                the following:
                            ``(i) The Commissioner of Social Security 
                        shall notify annually employees (at the 
                        employee address listed on the Wage and Tax 
                        Statement) who submit a social security account 
                        number to which more than one employer reports 
                        income and for which there is a pattern of 
                        unusual multiple use. The notification letter 
                        shall identify the number of employers to which 
                        income is being reported as well as sufficient 
                        information notifying the employee of the 
                        process to contact the Social Security 
                        Administration Fraud Hotline if the employee 
                        believes the employee's identity may have been 
                        stolen. The notice shall not share information 
                        protected as private, in order to avoid any 
                        recipient of the notice from being in the 
                        position to further commit or begin committing 
                        identity theft.
                            ``(ii) If the person to whom the social 
                        security account number was issued by the 
                        Social Security Administration has been 
                        identified and confirmed by the Commissioner, 
                        and indicates that the social security account 
                        number was used without their knowledge, the 
                        Secretary and the Commissioner shall lock the 
                        social security account number for employment 
                        eligibility verification purposes and shall 
                        notify the employers of the individuals who 
                        wrongfully submitted the social security 
                        account number that the employee may not be 
                        work eligible.
                            ``(iii) Each employer receiving such 
                        notification of an incorrect social security 
                        account number under clause (ii) shall use the 
                        verification system described in subsection (d) 
                        to check the work eligibility status of the 
                        applicable employee within 10 business days of 
                        receipt of the notification.
                    ``(C) On a voluntary basis.--Subject to paragraph 
                (2), and subparagraphs (A) through (C) of this 
                paragraph, beginning on the date that is 30 days after 
                the date of the enactment of the Legal Workforce Act, 
                an employer may make an inquiry, as provided in 
                subsection (d), using the verification system to seek 
                verification of the identity and employment eligibility 
                of any individual employed by the employer. If an 
                employer chooses voluntarily to seek verification of 
                any individual employed by the employer, the employer 
                shall seek verification of all individuals employed at 
                the same geographic location or, at the option of the 
                employer, all individuals employed within the same job 
                category, as the employee with respect to whom the 
                employer seeks voluntarily to use the verification 
                system. An employer's decision about whether or not 
                voluntarily to seek verification of its current 
                workforce under this subparagraph may not be considered 
                by any government agency in any proceeding, 
                investigation, or review provided for in this Act.
                    ``(D) Verification.--Paragraph (1)(C)(ii) shall 
                apply to verifications pursuant to this paragraph on 
                the same basis as it applies to verifications pursuant 
                to paragraph (1), except that employers shall--
                            ``(i) use a form designated or established 
                        by the Secretary by regulation for purposes of 
                        this paragraph; and
                            ``(ii) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Department of Justice, or the 
                        Department of Labor during the period beginning 
                        on the date the verification commences and 
                        ending on the date that is the later of 3 years 
                        after the date of such verification or 1 year 
                        after the date the individual's employment is 
                        terminated.
            ``(4) Early compliance.--
                    ``(A) Former e-verify required users, including 
                federal contractors.--Notwithstanding the deadlines in 
                paragraphs (1) and (2), beginning on the date of the 
                enactment of the Legal Workforce Act, the Secretary is 
                authorized to commence requiring employers required to 
                participate in the E-Verify Program described in 
                section 403(a) of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
                note), including employers required to participate in 
                such program by reason of Federal acquisition laws (and 
                regulations promulgated under those laws, including the 
                Federal Acquisition Regulation), to commence compliance 
                with the requirements of this subsection (and any 
                additional requirements of such Federal acquisition 
                laws and regulation) in lieu of any requirement to 
                participate in the E-Verify Program.
                    ``(B) Former e-verify voluntary users and others 
                desiring early compliance.--Notwithstanding the 
                deadlines in paragraphs (1) and (2), beginning on the 
                date of the enactment of the Legal Workforce Act, the 
                Secretary shall provide for the voluntary compliance 
                with the requirements of this subsection by employers 
                voluntarily electing to participate in the E-Verify 
                Program described in section 403(a) of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1324a note) before such date, as well as 
                by other employers seeking voluntary early compliance.
            ``(5) Copying of documentation permitted.--Notwithstanding 
        any other provision of law, the person or entity may copy a 
        document presented by an individual pursuant to this subsection 
        and may retain the copy, but only (except as otherwise 
        permitted under law) for the purpose of complying with the 
        requirements of this subsection.
            ``(6) Limitation on use of forms.--A form designated or 
        established by the Secretary of Homeland Security under this 
        subsection and any information contained in or appended to such 
        form, may not be used for purposes other than for enforcement 
        of this Act and any other provision of Federal criminal law.
            ``(7) Good faith compliance.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, a person or entity is considered to 
                have complied with a requirement of this subsection 
                notwithstanding a technical or procedural failure to 
                meet such requirement if there was a good faith attempt 
                to comply with the requirement.
                    ``(B) Exception if failure to correct after 
                notice.--Subparagraph (A) shall not apply if--
                            ``(i) the failure is not de minimus;
                            ``(ii) the Secretary of Homeland Security 
                        has explained to the person or entity the basis 
                        for the failure and why it is not de minimus;
                            ``(iii) the person or entity has been 
                        provided a period of not less than 30 calendar 
                        days (beginning after the date of the 
                        explanation) within which to correct the 
                        failure; and
                            ``(iv) the person or entity has not 
                        corrected the failure voluntarily within such 
                        period.
                    ``(C) Exception for pattern or practice 
                violators.--Subparagraph (A) shall not apply to a 
                person or entity that has or is engaging in a pattern 
                or practice of violations of subsection (a)(1)(A) or 
                (a)(2).
            ``(8) Single extension of deadlines upon certification.--In 
        a case in which the Secretary of Homeland Security has 
        certified to the Congress that the employment eligibility 
        verification system required under subsection (d) will not be 
        fully operational by the date that is 6 months after the date 
        of the enactment of the Legal Workforce Act, each deadline 
        established under this section for an employer to make an 
        inquiry using such system shall be extended by 6 months. No 
        other extension of such a deadline shall be made except as 
        authorized under paragraph (1)(D)(iv).''.
    (b) Date of Hire.--Section 274A(h) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the 
following:
            ``(4) Definition of date of hire.--As used in this section, 
        the term `date of hire' means the date of actual commencement 
        of employment for wages or other remuneration, unless otherwise 
        specified.''.

SEC. 1103. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)) is amended to read as follows:
    ``(d) Employment Eligibility Verification System.--
            ``(1) In general.--Patterned on the employment eligibility 
        confirmation system established under section 404 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security 
        shall establish and administer a verification system through 
        which the Secretary (or a designee of the Secretary, which may 
        be a nongovernmental entity)--
                    ``(A) responds to inquiries made by persons at any 
                time through a toll-free telephone line and other toll-
                free electronic media concerning an individual's 
                identity and whether the individual is authorized to be 
                employed; and
                    ``(B) maintains records of the inquiries that were 
                made, of verifications provided (or not provided), and 
                of the codes provided to inquirers as evidence of their 
                compliance with their obligations under this section.
            ``(2) Initial response.--The verification system shall 
        provide confirmation or a tentative nonconfirmation of an 
        individual's identity and employment eligibility within 3 
        working days of the initial inquiry. If providing confirmation 
        or tentative nonconfirmation, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        such nonconfirmation.
            ``(3) Secondary confirmation process in case of tentative 
        nonconfirmation.--In cases of tentative nonconfirmation, the 
        Secretary shall specify, in consultation with the Commissioner 
        of Social Security, an available secondary verification process 
        to confirm the validity of information provided and to provide 
        a final confirmation or nonconfirmation not later than 10 
        working days after the date on which the notice of the 
        tentative nonconfirmation is received by the employee. The 
        Secretary, in consultation with the Commissioner, may extend 
        this deadline once on a case-by-case basis for a period of 10 
        working days, and if the time is extended, shall document such 
        extension within the verification system. The Secretary, in 
        consultation with the Commissioner, shall notify the employee 
        and employer of such extension. The Secretary, in consultation 
        with the Commissioner, shall create a standard process of such 
        extension and notification and shall make a description of such 
        process available to the public. When final confirmation or 
        nonconfirmation is provided, the verification system shall 
        provide an appropriate code indicating such confirmation or 
        nonconfirmation.
            ``(4) Design and operation of system.--The verification 
        system shall be designed and operated--
                    ``(A) to maximize its reliability and ease of use 
                by persons and other entities consistent with 
                insulating and protecting the privacy and security of 
                the underlying information;
                    ``(B) to respond to all inquiries made by such 
                persons and entities on whether individuals are 
                authorized to be employed and to register all times 
                when such inquiries are not received;
                    ``(C) with appropriate administrative, technical, 
                and physical safeguards to prevent unauthorized 
                disclosure of personal information;
                    ``(D) to have reasonable safeguards against the 
                system's resulting in unlawful discriminatory practices 
                based on national origin or citizenship status, 
                including--
                            ``(i) the selective or unauthorized use of 
                        the system to verify eligibility; or
                            ``(ii) the exclusion of certain individuals 
                        from consideration for employment as a result 
                        of a perceived likelihood that additional 
                        verification will be required, beyond what is 
                        required for most job applicants;
                    ``(E) to maximize the prevention of identity theft 
                use in the system; and
                    ``(F) to limit the subjects of verification to the 
                following individuals:
                            ``(i) Individuals hired, referred, or 
                        recruited, in accordance with paragraph (1) or 
                        (4) of subsection (b).
                            ``(ii) Employees and prospective employees, 
                        in accordance with paragraph (1), (2), (3), or 
                        (4) of subsection (b).
                            ``(iii) Individuals seeking to confirm 
                        their own employment eligibility on a voluntary 
                        basis.
            ``(5) Responsibilities of commissioner of social 
        security.--As part of the verification system, the Commissioner 
        of Social Security, in consultation with the Secretary of 
        Homeland Security (and any designee of the Secretary selected 
        to establish and administer the verification system), shall 
        establish a reliable, secure method, which, within the time 
        periods specified under paragraphs (2) and (3), compares the 
        name and social security account number provided in an inquiry 
        against such information maintained by the Commissioner in 
        order to validate (or not validate) the information provided 
        regarding an individual whose identity and employment 
        eligibility must be confirmed, the correspondence of the name 
        and number, and whether the individual has presented a social 
        security account number that is not valid for employment. The 
        Commissioner shall not disclose or release social security 
        information (other than such confirmation or nonconfirmation) 
        under the verification system except as provided for in this 
        section or section 205(c)(2)(I) of the Social Security Act.
            ``(6) Responsibilities of secretary of homeland security.--
        As part of the verification system, the Secretary of Homeland 
        Security (in consultation with any designee of the Secretary 
        selected to establish and administer the verification system), 
        shall establish a reliable, secure method, which, within the 
        time periods specified under paragraphs (2) and (3), compares 
        the name and alien identification or authorization number (or 
        any other information as determined relevant by the Secretary) 
        which are provided in an inquiry against such information 
        maintained or accessed by the Secretary in order to validate 
        (or not validate) the information provided, the correspondence 
        of the name and number, whether the alien is authorized to be 
        employed in the United States, or to the extent that the 
        Secretary determines to be feasible and appropriate, whether 
        the records available to the Secretary verify the identity or 
        status of a national of the United States.
            ``(7) Updating information.--The Commissioner of Social 
        Security and the Secretary of Homeland Security shall update 
        their information in a manner that promotes the maximum 
        accuracy and shall provide a process for the prompt correction 
        of erroneous information, including instances in which it is 
        brought to their attention in the secondary verification 
        process described in paragraph (3).
            ``(8) Limitation on use of the verification system and any 
        related systems.--
                    ``(A) No national identification card.--Nothing in 
                this section shall be construed to authorize, directly 
                or indirectly, the issuance or use of national 
                identification cards or the establishment of a national 
                identification card.
                    ``(B) Critical infrastructure.--The Secretary may 
                authorize or direct any person or entity responsible 
                for granting access to, protecting, securing, 
                operating, administering, or regulating part of the 
                critical infrastructure (as defined in section 1016(e) 
                of the Critical Infrastructure Protection Act of 2001 
                (42 U.S.C. 5195c(e))) to use the verification system to 
                the extent the Secretary determines that such use will 
                assist in the protection of the critical 
                infrastructure.
            ``(9) Remedies.--If an individual alleges that the 
        individual would not have been dismissed from a job but for an 
        error of the verification mechanism, the individual may seek 
        compensation only through the mechanism of the Federal Tort 
        Claims Act, and injunctive relief to correct such error. No 
        class action may be brought under this paragraph.''.

SEC. 1104. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.

    (a) Additional Changes to Rules for Recruitment, Referral, and 
Continuation of Employment.--Section 274A(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(a)) is amended--
            (1) in paragraph (1)(A), by striking ``for a fee'';
            (2) in paragraph (1), by amending subparagraph (B) to read 
        as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).''; and
            (3) in paragraph (2), by striking ``after hiring an alien 
        for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''.
    (b) Definition.--Section 274A(h) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(h)), as amended by this title, is further amended 
by adding at the end the following:
            ``(5) Definition of recruit or refer.--As used in this 
        section, the term `refer' means the act of sending or directing 
        a person who is in the United States or transmitting 
        documentation or information to another, directly or 
        indirectly, with the intent of obtaining employment in the 
        United States for such person. Only persons or entities 
        referring for remuneration (whether on a retainer or 
        contingency basis) are included in the definition, except that 
        union hiring halls that refer union members or nonunion 
        individuals who pay union membership dues are included in the 
        definition whether or not they receive remuneration, as are 
        labor service entities or labor service agencies, whether 
        public, private, for-profit, or nonprofit, that refer, 
        dispatch, or otherwise facilitate the hiring of laborers for 
        any period of time by a third party. As used in this section, 
        the term `recruit' means the act of soliciting a person who is 
        in the United States, directly or indirectly, and referring the 
        person to another with the intent of obtaining employment for 
        that person. Only persons or entities referring for 
        remuneration (whether on a retainer or contingency basis) are 
        included in the definition, except that union hiring halls that 
        refer union members or nonunion individuals who pay union 
        membership dues are included in this definition whether or not 
        they receive remuneration, as are labor service entities or 
        labor service agencies, whether public, private, for-profit, or 
        nonprofit that recruit, dispatch, or otherwise facilitate the 
        hiring of laborers for any period of time by a third party.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 1 year after the date of the enactment of 
this Act, except that the amendments made by subsection (a) shall take 
effect 6 months after the date of the enactment of this Act insofar as 
such amendments relate to continuation of employment.

SEC. 1105. GOOD FAITH DEFENSE.

    Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(3)) is amended to read as follows:
            ``(3) Good faith defense.--
                    ``(A) Defense.--An employer (or person or entity 
                that hires, employs, recruits, or refers (as defined in 
                subsection (h)(5)), or is otherwise obligated to comply 
                with this section) who establishes that it has complied 
                in good faith with the requirements of subsection (b)--
                            ``(i) shall not be liable to a job 
                        applicant, an employee, the Federal Government, 
                        or a State or local government, under Federal, 
                        State, or local criminal or civil law for any 
                        employment-related action taken with respect to 
                        a job applicant or employee in good-faith 
                        reliance on information provided through the 
                        system established under subsection (d); and
                            ``(ii) has established compliance with its 
                        obligations under subparagraphs (A) and (B) of 
                        paragraph (1) and subsection (b) absent a 
                        showing by the Secretary of Homeland Security, 
                        by clear and convincing evidence, that the 
                        employer had knowledge that an employee is an 
                        unauthorized alien.
                    ``(B) Mitigation element.--For purposes of 
                subparagraph (A)(i), if an employer proves by a 
                preponderance of the evidence that the employer uses a 
                reasonable, secure, and established technology to 
                authenticate the identity of the new employee, that 
                fact shall be taken into account for purposes of 
                determining good faith use of the system established 
                under subsection (d).
                    ``(C) Failure to seek and obtain verification.--
                Subject to the effective dates and other deadlines 
                applicable under subsection (b), in the case of a 
                person or entity in the United States that hires, or 
                continues to employ, an individual, or recruits or 
                refers an individual for employment, the following 
                requirements apply:
                            ``(i) Failure to seek verification.--
                                    ``(I) In general.--If the person or 
                                entity has not made an inquiry, under 
                                the mechanism established under 
                                subsection (d) and in accordance with 
                                the timeframes established under 
                                subsection (b), seeking verification of 
                                the identity and work eligibility of 
                                the individual, the defense under 
                                subparagraph (A) shall not be 
                                considered to apply with respect to any 
                                employment, except as provided in 
                                subclause (II).
                                    ``(II) Special rule for failure of 
                                verification mechanism.--If such a 
                                person or entity in good faith attempts 
                                to make an inquiry in order to qualify 
                                for the defense under subparagraph (A) 
                                and the verification mechanism has 
                                registered that not all inquiries were 
                                responded to during the relevant time, 
                                the person or entity can make an 
                                inquiry until the end of the first 
                                subsequent working day in which the 
                                verification mechanism registers no 
                                nonresponses and qualify for such 
                                defense.
                            ``(ii) Failure to obtain verification.--If 
                        the person or entity has made the inquiry 
                        described in clause (i)(I) but has not received 
                        an appropriate verification of such identity 
                        and work eligibility under such mechanism 
                        within the time period specified under 
                        subsection (d)(2) after the time the 
                        verification inquiry was received, the defense 
                        under subparagraph (A) shall not be considered 
                        to apply with respect to any employment after 
                        the end of such time period.''.

SEC. 1106. PREEMPTION AND STATES' RIGHTS.

    Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(2)) is amended to read as follows:
            ``(2) Preemption.--
                    ``(A) Single, national policy.--The provisions of 
                this section preempt any State or local law, ordinance, 
                policy, or rule, including any criminal or civil fine 
                or penalty structure, insofar as they may now or 
                hereafter relate to the hiring, continued employment, 
                or status verification for employment eligibility 
                purposes, of unauthorized aliens.
                    ``(B) State enforcement of federal law.--
                            ``(i) Business licensing.--A State, 
                        locality, municipality, or political 
                        subdivision may exercise its authority over 
                        business licensing and similar laws as a 
                        penalty for failure to use the verification 
                        system described in subsection (d) to verify 
                        employment eligibility when and as required 
                        under subsection (b).
                            ``(ii) General rules.--A State, at its own 
                        cost, may enforce the provisions of this 
                        section, but only insofar as such State follows 
                        the Federal regulations implementing this 
                        section, applies the Federal penalty structure 
                        set out in this section, and complies with all 
                        Federal rules and guidance concerning 
                        implementation of this section. Such State may 
                        collect any fines assessed under this section. 
                        An employer may not be subject to enforcement, 
                        including audit and investigation, by both a 
                        Federal agency and a State for the same 
                        violation under this section. Whichever entity, 
                        the Federal agency or the State, is first to 
                        initiate the enforcement action, has the right 
                        of first refusal to proceed with the 
                        enforcement action. The Secretary must provide 
                        copies of all guidance, training, and field 
                        instructions provided to Federal officials 
                        implementing the provisions of this section to 
                        each State.''.

SEC. 1107. REPEAL.

    (a) In General.--Subtitle A of title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is repealed.
    (b) References.--Any reference in any Federal law, Executive order, 
rule, regulation, or delegation of authority, or any document of, or 
pertaining to, the Department of Homeland Security, Department of 
Justice, or the Social Security Administration, to the employment 
eligibility confirmation system established under section 404 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is deemed to refer to the employment eligibility 
confirmation system established under section 274A(d) of the 
Immigration and Nationality Act, as amended by this title.
    (c) Effective Date.--This section shall take effect on the date 
that is 24 months after the date of the enactment of this Act.
    (d) Clerical Amendment.--The table of sections, in section 1(d) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, is amended by striking the items relating to subtitle A of title 
IV.

SEC. 1108. PENALTIES.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subparagraph (D), by striking ``Service'' 
                and inserting ``Department of Homeland Security'';
            (2) in subsection (e)(4)--
                    (A) in subparagraph (A), in the matter before 
                clause (i), by inserting ``, subject to paragraph 
                (10),'' after ``in an amount'';
                    (B) in subparagraph (A)(i), by striking ``not less 
                than $250 and not more than $2,000'' and inserting 
                ``not less than $2,500 and not more than $5,000'';
                    (C) in subparagraph (A)(ii), by striking ``not less 
                than $2,000 and not more than $5,000'' and inserting 
                ``not less than $5,000 and not more than $10,000'';
                    (D) in subparagraph (A)(iii), by striking ``not 
                less than $3,000 and not more than $10,000'' and 
                inserting ``not less than $10,000 and not more than 
                $25,000''; and
                    (E) by moving the margin of the continuation text 
                following subparagraph (B) two ems to the left and by 
                amending subparagraph (B) to read as follows:
                    ``(B) may require the person or entity to take such 
                other remedial action as is appropriate.'';
            (3) in subsection (e)(5)--
                    (A) in the paragraph heading, strike ``paperwork'';
                    (B) by inserting ``, subject to paragraphs (10) 
                through (12),'' after ``in an amount'';
                    (C) by striking ``$100'' and inserting ``$1,000'';
                    (D) by striking ``$1,000'' and inserting 
                ``$25,000''; and
                    (E) by adding at the end the following: ``Failure 
                by a person or entity to utilize the employment 
                eligibility verification system as required by law, or 
                providing information to the system that the person or 
                entity knows or reasonably believes to be false, shall 
                be treated as a violation of subsection (a)(1)(A).'';
            (4) by adding at the end of subsection (e) the following:
            ``(10) Exemption from penalty for good faith violation.--In 
        the case of imposition of a civil penalty under paragraph 
        (4)(A) with respect to a violation of subsection (a)(1)(A) or 
        (a)(2) for hiring or continuation of employment or recruitment 
        or referral by person or entity and in the case of imposition 
        of a civil penalty under paragraph (5) for a violation of 
        subsection (a)(1)(B) for hiring or recruitment or referral by a 
        person or entity, the penalty otherwise imposed may be waived 
        or reduced if the violator establishes that the violator acted 
        in good faith.
            ``(11) Mitigation element.--For purposes of paragraph (4), 
        the size of the business shall be taken into account when 
        assessing the level of civil money penalty.
            ``(12) Authority to debar employers for certain 
        violations.--
                    ``(A) In general.--If a person or entity is 
                determined by the Secretary of Homeland Security to be 
                a repeat violator of paragraph (1)(A) or (2) of 
                subsection (a), or is convicted of a crime under this 
                section, such person or entity may be considered for 
                debarment from the receipt of Federal contracts, 
                grants, or cooperative agreements in accordance with 
                the debarment standards and pursuant to the debarment 
                procedures set forth in the Federal Acquisition 
                Regulation.
                    ``(B) Does not have contract, grant, agreement.--If 
                the Secretary of Homeland Security or the Attorney 
                General wishes to have a person or entity considered 
                for debarment in accordance with this paragraph, and 
                such an person or entity does not hold a Federal 
                contract, grant or cooperative agreement, the Secretary 
                or Attorney General shall refer the matter to the 
                Administrator of General Services to determine whether 
                to list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(C) Has contract, grant, agreement.--If the 
                Secretary of Homeland Security or the Attorney General 
                wishes to have a person or entity considered for 
                debarment in accordance with this paragraph, and such 
                person or entity holds a Federal contract, grant or 
                cooperative agreement, the Secretary or Attorney 
                General shall advise all agencies or departments 
                holding a contract, grant, or cooperative agreement 
                with the person or entity of the Government's interest 
                in having the person or entity considered for 
                debarment, and after soliciting and considering the 
                views of all such agencies and departments, the 
                Secretary or Attorney General may refer the matter to 
                any appropriate lead agency to determine whether to 
                list the person or entity on the List of Parties 
                Excluded from Federal Procurement, and if so, for what 
                duration and under what scope.
                    ``(D) Review.--Any decision to debar a person or 
                entity in accordance with this paragraph shall be 
                reviewable pursuant to part 9.4 of the Federal 
                Acquisition Regulation.
            ``(13) Office for state and local government complaints.--
        The Secretary of Homeland Security shall establish an office--
                    ``(A) to which State and local government agencies 
                may submit information indicating potential violations 
                of subsection (a), (b), or (g)(1) that were generated 
                in the normal course of law enforcement or the normal 
                course of other official activities in the State or 
                locality;
                    ``(B) that is required to indicate to the 
                complaining State or local agency within five business 
                days of the filing of such a complaint by identifying 
                whether the Secretary will further investigate the 
                information provided;
                    ``(C) that is required to investigate those 
                complaints filed by State or local government agencies 
                that, on their face, have a substantial probability of 
                validity;
                    ``(D) that is required to notify the complaining 
                State or local agency of the results of any such 
                investigation conducted; and
                    ``(E) that is required to report to the Congress 
                annually the number of complaints received under this 
                paragraph, the States and localities that filed such 
                complaints, and the resolution of the complaints 
                investigated by the Secretary.''; and
            (5) by amending paragraph (1) of subsection (f) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity which engages 
        in a pattern or practice of violations of subsection (a)(1) or 
        (2) shall be fined not more than $5,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not more than 18 months, or both, notwithstanding the 
        provisions of any other Federal law relating to fine levels.''.

SEC. 1109. FRAUD AND MISUSE OF DOCUMENTS.

    Section 1546(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``identification 
        document,'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''; and
            (2) in paragraph (2), by striking ``identification 
        document'' and inserting ``identification document or document 
        meant to establish work authorization (including the documents 
        described in section 274A(b) of the Immigration and Nationality 
        Act),''.

SEC. 1110. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

    (a) Funding Under Agreement.--Effective for fiscal years beginning 
on or after October 1, 2019, the Commissioner of Social Security and 
the Secretary of Homeland Security shall enter into and maintain an 
agreement which shall--
            (1) provide funds to the Commissioner for the full costs of 
        the responsibilities of the Commissioner under section 274A(d) 
        of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as 
        amended by this title, including (but not limited to)--
                    (A) acquiring, installing, and maintaining 
                technological equipment and systems necessary for the 
                fulfillment of the responsibilities of the Commissioner 
                under such section 274A(d), but only that portion of 
                such costs that are attributable exclusively to such 
                responsibilities; and
                    (B) responding to individuals who contest a 
                tentative nonconfirmation provided by the employment 
                eligibility verification system established under such 
                section;
            (2) provide such funds annually in advance of the 
        applicable quarter based on estimating methodology agreed to by 
        the Commissioner and the Secretary (except in such instances 
        where the delayed enactment of an annual appropriation may 
        preclude such quarterly payments); and
            (3) require an annual accounting and reconciliation of the 
        actual costs incurred and the funds provided under the 
        agreement, which shall be reviewed by the Inspectors General of 
        the Social Security Administration and the Department of 
        Homeland Security.
    (b) Continuation of Employment Verification in Absence of Timely 
Agreement.--In any case in which the agreement required under 
subsection (a) for any fiscal year beginning on or after October 1, 
2019, has not been reached as of October 1 of such fiscal year, the 
latest agreement between the Commissioner and the Secretary of Homeland 
Security providing for funding to cover the costs of the 
responsibilities of the Commissioner under section 274A(d) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in 
effect on an interim basis for such fiscal year until such time as an 
agreement required under subsection (a) is subsequently reached, except 
that the terms of such interim agreement shall be modified by the 
Director of the Office of Management and Budget to adjust for inflation 
and any increase or decrease in the volume of requests under the 
employment eligibility verification system. In any case in which an 
interim agreement applies for any fiscal year under this subsection, 
the Commissioner and the Secretary shall, not later than October 1 of 
such fiscal year, notify the Committee on Ways and Means, the Committee 
on the Judiciary, and the Committee on Appropriations of the House of 
Representatives and the Committee on Finance, the Committee on the 
Judiciary, and the Committee on Appropriations of the Senate of the 
failure to reach the agreement required under subsection (a) for such 
fiscal year. Until such time as the agreement required under subsection 
(a) has been reached for such fiscal year, the Commissioner and the 
Secretary shall, not later than the end of each 90-day period after 
October 1 of such fiscal year, notify such Committees of the status of 
negotiations between the Commissioner and the Secretary in order to 
reach such an agreement.

SEC. 1111. FRAUD PREVENTION.

    (a) Blocking Misused Social Security Account Numbers.--The 
Secretary of Homeland Security, in consultation with the Commissioner 
of Social Security, shall establish a program in which social security 
account numbers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification system 
established under section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)), as amended by this title, or that are 
otherwise suspected or determined to have been compromised by identity 
fraud or other misuse, shall be blocked from use for such system 
purposes unless the individual using such number is able to establish, 
through secure and fair additional security procedures, that the 
individual is the legitimate holder of the number.
    (b) Allowing Suspension of Use of Certain Social Security Account 
Numbers.--The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which victims of identity fraud 
and other individuals may suspend or limit the use of their social 
security account number or other identifying information for purposes 
of the employment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by this title. The Secretary may implement the 
program on a limited pilot program basis before making it fully 
available to all individuals.
    (c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the 
Commissioner of Social Security, shall establish a program which shall 
provide a reliable, secure method by which parents or legal guardians 
may suspend or limit the use of the social security account number or 
other identifying information of a minor under their care for the 
purposes of the employment eligibility verification system established 
under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), as amended by this title. The Secretary may implement the 
program on a limited pilot program basis before making it fully 
available to all individuals.

SEC. 1112. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.

    An employer or entity who uses the photo matching tool, if required 
by the Secretary as part of the verification system, shall match, 
either visually, or using facial recognition or other verification 
technology approved or required by the Secretary, the photo matching 
tool photograph to the photograph on the identity or employment 
eligibility document provided by the individual or to the face of the 
employee submitting the document for employment verification purposes, 
or both, as determined by the Secretary.

SEC. 1113. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION 
              PILOT PROGRAMS.

    Not later than 24 months after the date of the enactment of this 
Act, the Secretary of Homeland Security, after consultation with the 
Commissioner of Social Security and the Director of the National 
Institute of Standards and Technology, shall establish by regulation 
not less than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and distinct 
technology (the ``Authentication Pilots''). The purpose of the 
Authentication Pilots shall be to provide for identity authentication 
and employment eligibility verification with respect to enrolled new 
employees which shall be available to any employer that elects to 
participate in either of the Authentication Pilots. Any participating 
employer may cancel the employer's participation in the Authentication 
Pilot after one year after electing to participate without prejudice to 
future participation. The Secretary shall report to the Committee on 
the Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary's findings on the Authentication 
Pilots, including the authentication technologies chosen, not later 
than 12 months after commencement of the Authentication Pilots.

SEC. 1114. INSPECTOR GENERAL AUDITS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Inspector General of the Social Security 
Administration shall complete audits of the following categories in 
order to uncover evidence of individuals who are not authorized to work 
in the United States:
            (1) Workers who dispute wages reported on their social 
        security account number when they believe someone else has used 
        such number and name to report wages.
            (2) Children's social security account numbers used for 
        work purposes.
            (3) Employers whose workers present significant numbers of 
        mismatched social security account numbers or names for wage 
        reporting.
    (b) Submission.--The Inspector General of the Social Security 
Administration shall submit the audits completed under subsection (a) 
to the Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate for review of the evidence of 
individuals who are not authorized to work in the United States. The 
Chairmen of those Committees shall then determine information to be 
shared with the Secretary of Homeland Security so that such Secretary 
can investigate the unauthorized employment demonstrated by such 
evidence.

    TITLE II--SANCTUARY CITIES AND STATE AND LOCAL LAW ENFORCEMENT 
                              COOPERATION

SEC. 2201. SHORT TITLE.

    This title may be cited as the ``No Sanctuary for Criminals Act''.

SEC. 2202. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.

    (a) In General.--Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Notwithstanding any other provision of Federal, 
State, or local law, no Federal, State, or local government entity, and 
no individual, may prohibit or in any way restrict, a Federal, State, 
or local government entity, official, or other personnel from complying 
with the immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from 
assisting or cooperating with Federal law enforcement entities, 
officials, or other personnel regarding the enforcement of these 
laws.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Law Enforcement Activities.--Notwithstanding any other 
provision of Federal, State, or local law, no Federal, State, or local 
government entity, and no individual, may prohibit, or in any way 
restrict, a Federal, State, or local government entity, official, or 
other personnel from undertaking any of the following law enforcement 
activities as they relate to information regarding the citizenship or 
immigration status, lawful or unlawful, the inadmissibility or 
deportability, or the custody status, of any individual:
            ``(1) Making inquiries to any individual in order to obtain 
        such information regarding such individual or any other 
        individuals.
            ``(2) Notifying the Federal Government regarding the 
        presence of individuals who are encountered by law enforcement 
        officials or other personnel of a State or political 
        subdivision of a State.
            ``(3) Complying with requests for such information from 
        Federal law enforcement entities, officials, or other 
        personnel.'';
            (3) in subsection (c), by striking ``Immigration and 
        Naturalization Service'' and inserting ``Department of Homeland 
        Security''; and
            (4) by adding at the end the following:
    ``(d) Compliance.--
            ``(1) Eligibility for certain grant programs.--A State, or 
        a political subdivision of a State, that is found not to be in 
        compliance with subsection (a) or (b) shall not be eligible to 
        receive--
                    ``(A) any of the funds that would otherwise be 
                allocated to the State or political subdivision under 
                section 241(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1231(i)), the `Cops on the Beat' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), 
                or the Edward Byrne Memorial Justice Assistance Grant 
                Program under subpart 1 of part E of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (34 
                U.S.C. 10151 et seq.); or
                    ``(B) any other grant administered by the 
                Department of Justice that is substantially related to 
                law enforcement (including enforcement of the 
                immigration laws), immigration, enforcement of the 
                immigration laws, or naturalization or administered by 
                the Department of Homeland Security that is 
                substantially related to immigration, the enforcement 
                of the immigration laws, or naturalization.
            ``(2) Transfer of custody of aliens pending removal 
        proceedings.--The Secretary, at the Secretary's discretion, may 
        decline to transfer an alien in the custody of the Department 
        of Homeland Security to a State or political subdivision of a 
        State found not to be in compliance with subsection (a) or (b), 
        regardless of whether the State or political subdivision of the 
        State has issued a writ or warrant.
            ``(3) Transfer of custody of certain aliens prohibited.--
        The Secretary shall not transfer an alien with a final order of 
        removal pursuant to paragraph (1)(A) or (5) of section 241(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a 
        State or a political subdivision of a State that is found not 
        to be in compliance with subsection (a) or (b).
            ``(4) Annual determination.--The Secretary shall determine 
        for each calendar year which States or political subdivision of 
        States are not in compliance with subsection (a) or (b) and 
        shall report such determinations to Congress by March 1 of each 
        succeeding calendar year.
            ``(5) Reports.--The Secretary of Homeland Security shall 
        issue a report concerning the compliance with subsections (a) 
        and (b) of any particular State or political subdivision of a 
        State at the request of the House or the Senate Judiciary 
        Committee. Any jurisdiction that is found not to be in 
        compliance shall be ineligible to receive Federal financial 
        assistance as provided in paragraph (1) for a minimum period of 
        1 year, and shall only become eligible again after the 
        Secretary of Homeland Security certifies that the jurisdiction 
        has come into compliance.
            ``(6) Reallocation.--Any funds that are not allocated to a 
        State or to a political subdivision of a State due to the 
        failure of the State or of the political subdivision of the 
        State to comply with subsection (a) or (b) shall be reallocated 
        to States or to political subdivisions of States that comply 
        with both such subsections.
    ``(e) Construction.--Nothing in this section shall require law 
enforcement officials from States, or from political subdivisions of 
States, to report or arrest victims or witnesses of a criminal 
offense.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that subsection 
(d) of section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, 
shall apply only to prohibited acts committed on or after the date of 
the enactment of this Act.

SEC. 2203. 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 or motor vehicle law, 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 a murder, rape, or any felony, as defined 
        by the State, 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.
    (d) Eligibility for Certain Grant Programs.--
            (1) In general.--Except as provided in paragraph (2), a 
        State or political subdivision of a State that has in effect a 
        statute, policy or practice providing that it not comply with 
        any or all Department of Homeland Security detainers issued 
        pursuant to section 287(d)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1357(d)) shall not be eligible to 
        receive--
                    (A) any of the funds that would otherwise be 
                allocated to the State or political subdivision under 
                section 241(i) of the Immigration and Nationality Act 
                (8 U.S.C. 1231(i)), the ``Cops on the Beat'' program 
                under part Q of title I of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (34 U.S.C. 10301 et seq.), 
                or the Edward Byrne Memorial Justice Assistance Grant 
                Program under subpart 1 of part E of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (34 
                U.S.C. 10151 et seq.); or
                    (B) any other grant administered by the Department 
                of Justice that is substantially related to law 
                enforcement (including enforcement of the immigration 
                laws), immigration, or naturalization or grant 
                administered by the Department of Homeland Security 
                that is substantially related to immigration, 
                enforcement of the immigration laws, or naturalization.
            (2) Exception.--A political subdivision described in 
        subsection (c)(3) that declines to honor a detainer issued 
        pursuant to section 287(d)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1357(d)(1)) as a consequence of being 
        required to comply with a statute or other legal requirement of 
        a State or another political subdivision with jurisdiction over 
        that political subdivision, shall remain eligible to receive 
        grant funds described in paragraph (1). In the case described 
        in the previous sentence, the State or political subdivision 
        that enacted the statute or other legal requirement shall not 
        be eligible to receive such funds.

SEC. 2204. SARAH AND GRANT'S LAW.

    (a) Detention of Aliens During Removal Proceedings.--
            (1) Clerical amendments.--(A) Section 236 of the 
        Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
        striking ``Attorney General'' each place it appears (except in 
        the second place that term appears in section 236(a)) and 
        inserting ``Secretary of Homeland Security''.
            (B) Section 236(a) of such Act (8 U.S.C. 1226(a)) is 
        amended by inserting ``the Secretary of Homeland Security or'' 
        before ``the Attorney General--''.
            (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) is 
        amended by striking ``Attorney General's'' and inserting 
        ``Secretary of Homeland Security's''.
            (2) Length of detention.--Section 236 of such Act (8 U.S.C. 
        1226) is amended by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an alien may be detained, and for an alien 
        described in subsection (c) shall be detained, under this 
        section without time limitation, except as provided in 
        subsection (h), during the pendency of removal proceedings.
            ``(2) Construction.--The length of detention under this 
        section shall not affect detention under section 241.''.
            (3) Detention of criminal aliens.--Section 236(c)(1) of 
        such Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) by inserting after subparagraph (D) the 
                following:
                    ``(E) is unlawfully present in the United States 
                and has been convicted for driving while intoxicated 
                (including a conviction for driving while under the 
                influence or impaired by alcohol or drugs) without 
                regard to whether the conviction is classified as a 
                misdemeanor or felony under State law, or
                    ``(F)(i)(I) is inadmissible under section 
                212(a)(6)(i),
                    ``(II) is deportable by reason of a visa revocation 
                under section 221(i), or
                    ``(III) is deportable under section 
                237(a)(1)(C)(i), and
                    ``(ii) has been arrested or charged with a 
                particularly serious crime or a crime resulting in the 
                death or serious bodily injury (as defined in section 
                1365(h)(3) of title 18, United States Code) of another 
                person;''; and
                    (C) by amending the matter following subparagraph 
                (F) (as added by subparagraph (B) of this paragraph) to 
                read as follows:
    ``any time after the alien is released, without regard to whether 
an alien is released related to any activity, offense, or conviction 
described in this paragraph; to whether the alien is released on 
parole, supervised release, or probation; or to whether the alien may 
be arrested or imprisoned again for the same offense. If the activity 
described in this paragraph does not result in the alien being taken 
into custody by any person other than the Secretary, then when the 
alien is brought to the attention of the Secretary or when the 
Secretary determines it is practical to take such alien into custody, 
the Secretary shall take such alien into custody.''.
            (4) Administrative review.--Section 236 of the Immigration 
        and Nationality Act (8 U.S.C. 1226), as amended by paragraph 
        (2), is further amended by adding at the end the following:
    ``(g) Administrative Review.--The Attorney General's review of the 
Secretary's custody determinations under subsection (a) for the 
following classes of aliens shall be limited to whether the alien may 
be detained, released on bond (of at least $1,500 with security 
approved by the Secretary), or released with no bond:
            ``(1) Aliens in exclusion proceedings.
            ``(2) Aliens described in section 212(a)(3) or 237(a)(4).
            ``(3) Aliens described in subsection (c).
    ``(h) Release on Bond.--
            ``(1) In general.--An alien detained under subsection (a) 
        may seek release on bond. No bond may be granted except to an 
        alien who establishes by clear and convincing evidence that the 
        alien is not a flight risk or a danger to another person or the 
        community.
            ``(2) Certain aliens ineligible.--No alien detained under 
        subsection (c) may seek release on bond.''.
            (5) Clerical amendments.--(A) Section 236(a)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1226(a)(2)(B)) is 
        amended by striking ``conditional parole'' and inserting 
        ``recognizance''.
            (B) Section 236(b) of such Act (8 U.S.C. 1226(b)) is 
        amended by striking ``parole'' and inserting ``recognizance''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any alien in detention under the provisions of section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226), as so amended, or 
otherwise subject to the provisions of such section, on or after such 
date.

SEC. 2205. CLARIFICATION OF CONGRESSIONAL INTENT.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is amended--
            (1) in paragraph (1) by striking ``may enter'' and all that 
        follows through the period at the end and inserting the 
        following: ``shall enter into a written agreement with a State, 
        or any political subdivision of a State, upon request of the 
        State or political subdivision, pursuant to which officers or 
        employees of the State or subdivision, who are determined by 
        the Secretary to be qualified to perform a function of an 
        immigration officer in relation to the investigation, 
        apprehension, or detention of aliens in the United States 
        (including the transportation of such aliens across State lines 
        to detention centers), may carry out such function at the 
        expense of the State or political subdivision and to the extent 
        consistent with State and local law. No request from a bona 
        fide State or political subdivision or bona fide law 
        enforcement agency shall be denied absent a compelling reason. 
        No limit on the number of agreements under this subsection may 
        be imposed. The Secretary shall process requests for such 
        agreements with all due haste, and in no case shall take not 
        more than 90 days from the date the request is made until the 
        agreement is consummated.'';
            (2) by redesignating paragraph (2) as paragraph (5) and 
        paragraphs (3) through (10) as paragraphs (7) through (14), 
        respectively;
            (3) by inserting after paragraph (1) the following:
    ``(2) An agreement under this subsection shall accommodate a 
requesting State or political subdivision with respect to the 
enforcement model or combination of models, and shall accommodate a 
patrol model, task force model, jail model, any combination thereof, or 
any other reasonable model the State or political subdivision believes 
is best suited to the immigration enforcement needs of its 
jurisdiction.
    ``(3) No Federal program or technology directed broadly at 
identifying inadmissible or deportable aliens shall substitute for such 
agreements, including those establishing a jail model, and shall 
operate in addition to any agreement under this subsection.
    ``(4)(A) No agreement under this subsection shall be terminated 
absent a compelling reason.
    ``(B)(i) The Secretary shall provide a State or political 
subdivision written notice of intent to terminate at least 180 days 
prior to date of intended termination, and the notice shall fully 
explain the grounds for termination, along with providing evidence 
substantiating the Secretary's allegations.
    ``(ii) The State or political subdivision shall have the right to a 
hearing before an administrative law judge and, if the ruling is 
against the State or political subdivision, to appeal the ruling to the 
Federal Circuit Court of Appeals and, if the ruling is against the 
State or political subdivision, to petition the Supreme Court for 
certiorari.
    ``(C) The agreement shall remain in full effect during the course 
of any and all legal proceedings.''; and
            (4) by inserting after paragraph (5) (as redesignated) the 
        following:
    ``(6) The Secretary of Homeland Security shall make training of 
State and local law enforcement officers available through as many 
means as possible, including through residential training at the Center 
for Domestic Preparedness and the Federal Law Enforcement Training 
Center, onsite training held at State or local police agencies or 
facilities, online training courses by computer, teleconferencing, and 
videotape, or the digital video display (DVD) of a training course or 
courses. Distance learning through a secure, encrypted, distributed 
learning system that has all its servers based in the United States, is 
scalable, survivable, and can have a portal in place not later than 30 
days after the date of the enactment of the Securing America's Future 
Act of 2018, shall be made available by the COPS Office of the 
Department of Justice and the Federal Law Enforcement Training Center 
Distributed Learning Program for State and local law enforcement 
personnel. Preference shall be given to private sector-based, web-based 
immigration enforcement training programs for which the Federal 
Government has already provided support to develop.''.

SEC. 2206. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE.

    (a) In General.--Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended to read as follows:

                      ``illegal entry or presence

    ``Sec. 275.  (a) In General.--
            ``(1) Illegal entry or presence.--An alien shall be subject 
        to the penalties set forth in paragraph (2) if the alien--
                    ``(A) knowingly enters or crosses the border into 
                the United States at any time or place other than as 
                designated by the Secretary of Homeland Security;
                    ``(B) knowingly eludes, at any time or place, 
                examination or inspection by an authorized immigration, 
                customs, or agriculture officer (including by failing 
                to stop at the command of such officer);
                    ``(C) knowingly enters or crosses the border to the 
                United States and, upon examination or inspection, 
                knowingly makes a false or misleading representation or 
                the knowing concealment of a material fact (including 
                such representation or concealment in the context of 
                arrival, reporting, entry, or clearance requirements of 
                the customs laws, immigration laws, agriculture laws, 
                or shipping laws);
                    ``(D) knowingly violates the terms or conditions of 
                the alien's admission or parole into the United States 
                and has remained in violation for an aggregate period 
                of 90 days or more; or
                    ``(E) knowingly is unlawfully present in the United 
                States (as defined in section 212(a)(9)(B)(ii) subject 
                to the exceptions set forth in section 
                212(a)(9)(B)(iii)) and has remained in violation for an 
                aggregate period of 90 days or more.
            ``(2) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1)--
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 6 months, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 2 years (or 
                not more than 6 months in the case of a second or 
                subsequent violation of paragraph (1)(E)), or both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors or for a 
                felony, shall be fined under such title, imprisoned not 
                more than 10 years, or both;
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 30 months, 
                shall be fined under such title, imprisoned not more 
                than 15 years, or both; and
                    ``(E) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 60 months, such 
                alien shall be fined under such title, imprisoned not 
                more than 20 years, or both.
            ``(3) Prior convictions.--The prior convictions described 
        in subparagraphs (C) through (E) of paragraph (2) are elements 
        of the offenses described and the penalties in such 
        subparagraphs shall apply only in cases in which the conviction 
        or convictions that form the basis for the additional penalty 
        are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial or 
                admitted by the defendant.
            ``(4) Duration of offense.--An offense under this 
        subsection continues until the alien is discovered within the 
        United States by an immigration, customs, or agriculture 
        officer, or until the alien is granted a valid visa or relief 
        from removal.
            ``(5) Attempt.--Whoever attempts to commit any offense 
        under this section shall be punished in the same manner as for 
        a completion of such offense.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien who is 
apprehended while entering, attempting to enter, or knowingly crossing 
or attempting to cross the border to the United States at a time or 
place other than as designated by immigration officers shall be subject 
to a civil penalty, in addition to any criminal or other civil 
penalties that may be imposed under any other provision of law, in an 
amount equal to--
            ``(1) not less than $50 or more than $250 for each such 
        entry, crossing, attempted entry, or attempted crossing; or
            ``(2) twice the amount specified in paragraph (1) if the 
        alien had previously been subject to a civil penalty under this 
        subsection.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act is amended by striking the item relating to section 
275 and inserting the following:

``Sec. 275. Illegal entry or presence.''.
    (c) Effective Dates and Applicability.--
            (1) Criminal penalties.--Section 275(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1325(a)), as amended by 
        subsection (a), shall take effect 90 days after the date of the 
        enactment of this Act, and shall apply to acts, conditions, or 
        violations described in such section 275(a) that occur or exist 
        on or after such effective date.
            (2) Civil penalties.--Section 275(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1325(b)), as amended by subsection 
        (a), shall take effect on the date of the enactment of this Act 
        and shall apply to acts described in such section 275(b) that 
        occur before, on, or after such date.

                       TITLE III--CRIMINAL ALIENS

SEC. 3301. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF AGGRAVATED 
              FELONIES OR OTHER SERIOUS OFFENSES.

    (a) Inadmissibility on Criminal and Related Grounds; Waivers.--
Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is 
amended--
            (1) in subsection (a)(2)(A)(i)--
                    (A) in subclause (I), by striking ``or'' at the 
                end;
                    (B) in subclause (II), by adding ``or'' at the end; 
                and
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) a violation of (or a 
                                conspiracy or attempt to violate) an 
                                offense described in section 208 of the 
                                Social Security Act (42 U.S.C. 408) 
                                (relating to social security account 
                                numbers or social security cards) or 
                                section 1028 of title 18, United States 
                                Code (relating to fraud and related 
                                activity in connection with 
                                identification documents, 
                                authentication features, and 
                                information),'';
            (2) by adding at the end of subsection (a)(2) the 
        following:
                    ``(J) Procurement of citizenship or naturalization 
                unlawfully.--Any alien convicted of, or who admits 
                having committed, or who admits committing acts which 
                constitute the essential elements of, a violation of, 
                or an attempt or a conspiracy to violate, subsection 
                (a) or (b) of section 1425 of title 18, United States 
                Code (relating to the procurement of citizenship or 
                naturalization unlawfully) is inadmissible.
                    ``(K) Certain firearm offenses.--Any alien who at 
                any time has been convicted under any law of, or who 
                admits having committed or admits committing acts which 
                constitute the essential elements of, purchasing, 
                selling, offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code) in 
                violation of any law is inadmissible.
                    ``(L) Aggravated felons.--Any alien who has been 
                convicted of an aggravated felony at any time is 
                inadmissible.
                    ``(M) Crimes of domestic violence, stalking, or 
                violation of protection orders, crimes against 
                children.--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--Any alien who at any time is 
                        convicted of, or who admits having committed or 
                        admits committing acts which constitute the 
                        essential elements of, a crime of domestic 
                        violence, a crime of stalking, or a crime of 
                        child abuse, child neglect, or child 
                        abandonment is inadmissible. For purposes of 
                        this clause, the term `crime of domestic 
                        violence' means any crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code) against a person committed by a 
                        current or former spouse of the person, by an 
                        individual with whom the person shares a child 
                        in common, by an individual who is cohabiting 
                        with or has cohabited with the person as a 
                        spouse, by an individual similarly situated to 
                        a spouse of the person under the domestic or 
                        family violence laws of the jurisdiction where 
                        the offense occurs, or by any other individual 
                        against a person who is protected from that 
                        individual's acts under the domestic or family 
                        violence laws of the United States or any 
                        State, Indian tribal government, or unit of 
                        local or foreign government.
                            ``(ii) Violators of protection orders.--Any 
                        alien who at any time is enjoined under a 
                        protection order issued by a court and whom the 
                        court determines has engaged in conduct that 
                        violates the portion of a protection order that 
                        involves protection against credible threats of 
                        violence, repeated harassment, or bodily injury 
                        to the person or persons for whom the 
                        protection order was issued is inadmissible. 
                        For purposes of this clause, the term 
                        `protection order' means any injunction issued 
                        for the purpose of preventing violent or 
                        threatening acts of domestic violence, 
                        including temporary or final orders issued by 
                        civil or criminal courts (other than support or 
                        child custody orders or provisions) whether 
                        obtained by filing an independent action or as 
                        a independent order in another proceeding.
                            ``(iii) Waiver authorized.--The waiver 
                        authority available under section 237(a)(7) 
                        with respect to section 237(a)(2)(E)(i) shall 
                        be available on a comparable basis with respect 
                        to this subparagraph.
                            ``(iv) Clarification.--If the conviction 
                        records do not conclusively establish whether a 
                        crime of domestic violence constitutes a crime 
                        of violence (as defined in section 16 of title 
                        18, United States Code), the Attorney General 
                        may consider other evidence related to the 
                        conviction that establishes that the conduct 
                        for which the alien was engaged constitutes a 
                        crime of violence.''; and
            (3) in subsection (h)--
                    (A) by striking ``The Attorney General may, in his 
                discretion, waive the application of subparagraphs 
                (A)(i)(I), (B), (D), and (E) of subsection (a)(2)'' and 
                inserting ``The Attorney General or the Secretary of 
                Homeland Security may, in the discretion of the 
                Attorney General or the Secretary, waive the 
                application of subparagraphs (A)(i)(I), (III), (B), 
                (D), (E), (K), and (M) of subsection (a)(2)'';
                    (B) by striking ``a criminal act involving 
                torture.'' and inserting ``a criminal act involving 
                torture, or has been convicted of an aggravated 
                felony.'';
                    (C) by striking ``if either since the date of such 
                admission the alien has been convicted of an aggravated 
                felony or the alien'' and inserting ``if since the date 
                of such admission the alien''; and
                    (D) by inserting ``or Secretary of Homeland 
                Security'' after ``the Attorney General'' each place it 
                appears.
    (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(B)) is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by inserting ``or'' at the end; and
            (3) by inserting after clause (iii) the following:
                            ``(iv) of a violation of, or an attempt or 
                        a conspiracy to violate, section 1425(a) or (b) 
                        of title 18 (relating to the procurement of 
                        citizenship or naturalization unlawfully),''.
    (c) Deportability; Other Criminal Offenses.--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:
                    ``(G) Fraud and related activity associated with 
                social security act benefits and identification 
                documents.--Any alien who at any time after admission 
                has been convicted of a violation of (or a conspiracy 
                or attempt to violate) section 208 of the Social 
                Security Act (42 U.S.C. 408) (relating to social 
                security account numbers or social security cards) or 
                section 1028 of title 18, United States Code (relating 
                to fraud and related activity in connection with 
                identification) is deportable.''.
    (d) Effective Date.--The amendments made by this section shall 
apply--
            (1) to any act that occurred before, on, or after the date 
        of the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened, on or after such date.
    (e) Construction.--The amendments made by subsection (a) shall not 
be construed to create eligibility for relief from removal under former 
section 212(c) of the Immigration and Nationality Act where such 
eligibility did not exist before these amendments became effective.

SEC. 3302. INCREASED PENALTIES BARRING THE ADMISSION OF CONVICTED SEX 
              OFFENDERS FAILING TO REGISTER AND REQUIRING DEPORTATION 
              OF SEX OFFENDERS FAILING TO REGISTER.

    (a) Inadmissibility.--Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)), as amended by this 
title, is further amended--
            (1) in subclause (II), by striking ``or'' at the end;
            (2) in subclause (III), by adding ``or'' at the end; and
            (3) by inserting after subclause (III) the following:
                                    ``(IV) a violation of section 2250 
                                of title 18, United States Code 
                                (relating to failure to register as a 
                                sex offender),''.
    (b) Deportability.--Section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)), as amended by this title, is further amended--
            (1) in subparagraph (A), by striking clause (v); and
            (2) by adding at the end the following:
                    ``(I) Failure to register as a sex offender.--Any 
                alien convicted of, or who admits having committed, or 
                who admits committing acts which constitute the 
                essential elements of a violation of section 2250 of 
                title 18, United States Code (relating to failure to 
                register as a sex offender) is deportable.''.
    (c) 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. 3303. 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 adding at the end 
the following:
    ``(53) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons that has as one of 
its primary purposes the commission of 1 or more of the following 
criminal offenses and the members of which engage, or have engaged 
within the past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attorney General, as 
meeting these criteria. 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:
            ``(A) A `felony drug offense' (as defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)).
            ``(B) 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).
            ``(C) 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).
            ``(D) A crime of violence (as defined in section 16 of 
        title 18, United States Code).
            ``(E) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant.
            ``(F) 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).
            ``(G) A conspiracy to commit an offense described in 
        subparagraphs (A) through (F).''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following:
                    ``(J) Aliens associated with criminal gangs.--(i) 
                Any alien is inadmissible who a consular officer, an 
                immigration officer, the Secretary of Homeland 
                Security, or the Attorney General knows or has reason 
                to believe--
                            ``(I) to be or to have been a member of a 
                        criminal gang (as defined in section 
                        101(a)(53)); or
                            ``(II) 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) Any alien for whom a consular officer, an 
                immigration officer, the Secretary of Homeland 
                Security, or the Attorney General has reasonable 
                grounds to believe has participated in, been a member 
                of, promoted, or conspired with a criminal gang, either 
                inside or outside of the United States, is 
                inadmissible.
                    ``(iii) Any alien for whom 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, is inadmissible.''.
    (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:
                    ``(G) 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)); or
                            ``(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.''.
    (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 
        title, is further amended--
                    (A) in subparagraph (D), by striking ``or'' at the 
                end;
                    (B) in subparagraph (E), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) is inadmissible under section 212(a)(2)(J) or 
                deportable under section 217(a)(2)(G),''.
            (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)(J)(i) or section 237(a)(2)(G)(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)(J)(i) or section 237(a)(2)(G)(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)(J) or 
                        section 237(a)(2)(G).''; 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)(J) or section 237(a)(2)(G) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.
    (i) Parole.--An alien described in section 212(a)(2)(J) 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. 3304. INADMISSIBILITY AND DEPORTABILITY OF DRUNK DRIVERS.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), is amended--
            (1) in subparagraph (T), by striking ``and'';
            (2) in subparagraph (U), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (U) the following:
                    ``(V)(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).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply to 
convictions entered on or after such date.

SEC. 3305. DEFINITION OF AGGRAVATED FELONY.

    (a) Definition of Aggravated Felony.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by 
this title, is further amended--
            (1) by striking ``The term `aggravated felony' means--'' 
        and inserting ``Notwithstanding any other provision of law, the 
        term `aggravated felony' applies to an offense described in 
        this paragraph, whether in violation of Federal or State law, 
        or in violation of the law of a foreign country for which the 
        term of imprisonment was completed within the previous 15 
        years, even if the length of the term of imprisonment for the 
        offense is based on recidivist or other enhancements and 
        regardless of whether the conviction was entered before, on, or 
        after September 30, 1996, and means--'';
            (2) in subparagraph (A), by striking ``murder, rape, or 
        sexual abuse of a minor;'' and inserting ``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;'';
            (3) in subparagraph (B)--
                    (A) by inserting ``an offense relating to'' before 
                ``illicit trafficking''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``and 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 (8 U.S.C. 802)'';
            (4) in subparagraph (C), by inserting ``an offense relating 
        to'' before ``illicit trafficking in firearms'';
            (5) in subparagraph (I), by striking ``or 2252'' and 
        inserting ``2252, or 2252A'';
            (6) in subparagraph (F), by striking ``for which the term 
        of imprisonment is at least one year;'' and inserting ``, 
        including offenses of assault and battery under State or 
        Federal law, for which the term of imprisonment is at least one 
        year, except that if the conviction records do not conclusively 
        establish whether a crime constitutes a crime of violence, the 
        Attorney General or the Secretary of Homeland Security, as 
        appropriate, may consider other evidence related to the 
        conviction that establishes that the conduct for which the 
        alien was engaged constitutes a crime of violence;'';
            (7) by striking subparagraph (G) and inserting the 
        following:
            ``(G) an offense relating to a theft under State or Federal 
        law (including theft by deceit, theft by fraud, and receipt of 
        stolen property) regardless of whether any taking was temporary 
        or permanent, or burglary offense under State or Federal law 
        for which the term of imprisonment is at least one year, except 
        that if the conviction records do not conclusively establish 
        whether a crime constitutes a theft or burglary offense, the 
        Attorney General or Secretary of Homeland Security, as 
        appropriate, may consider other evidence related to the 
        conviction that establishes that the conduct for which the 
        alien was engaged constitutes a theft or burglary offense;'';
            (8) in subparagraph (N)--
                    (A) by striking ``paragraph (1)(A) or (2) of''; and
                    (B) by inserting a semicolon at the end;
            (9) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph'' and inserting ``section 275 or 
        276 for which the term of imprisonment is at least 1 year'';
            (10) in subparagraph (P)--
                    (A) by striking ``(i) which either is falsely 
                making, forging, counterfeiting, mutilating, or 
                altering a passport or instrument in violation of 
                section 1543 of title 18, United States Code, or is 
                described in section 1546(a) of such title (relating to 
                document fraud) and (ii)'' and inserting ``which is 
                described in any section of chapter 75 of title 18, 
                United States Code, and''; and
                    (B) by striking ``, 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'';
            (11) in subparagraph (U), by striking ``an attempt or 
        conspiracy to commit an offense described in this paragraph'' 
        and inserting ``attempting or conspiring to commit an offense 
        described in this paragraph, or aiding, abetting, counseling, 
        procuring, commanding, inducing, or soliciting the commission 
        of such an offense''; and
            (12) by striking the undesignated matter following 
        subparagraph (U).
    (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. 3306. PRECLUDING WITHHOLDING OF REMOVAL FOR AGGRAVATED FELONS.

    (a) In General.--Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)), is 
amended by inserting after clause (v) the following:
                            ``(vi) the alien is convicted of an 
                        aggravated felony.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply--
            (1) to any act that occurred before, on, or after the date 
        of the enactment of this Act; and
            (2) to all aliens who are required to establish 
        admissibility on or after such date, and in all removal, 
        deportation, or exclusion proceedings that are filed, pending, 
        or reopened on or after such date.

SEC. 3307. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

    (a) Immigrants.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)), is amended--
            (1) in subparagraph (A), by amending clause (viii) to read 
        as follows:
    ``(viii) Clause (i) shall not apply to a citizen of the United 
States who has been convicted of an offense described in subparagraph 
(A), (I), or (K) of section 101(a)(43), unless the Secretary of 
Homeland Security, in the Secretary's sole and unreviewable discretion, 
determines that the citizen poses no risk to the alien with respect to 
whom a petition described in clause (i) is filed.''; and
            (2) in subparagraph (B)(i)--
                    (A) by redesignating the second subclause (I) as 
                subclause (II); and
                    (B) by amending such subclause (II) to read as 
                follows:
    ``(II) Subclause (I) shall not apply in the case of an alien 
admitted for permanent residence who has been convicted of an offense 
described in subparagraph (A), (I), or (K) of section 101(a)(43), 
unless the Secretary of Homeland Security, in the Secretary's sole and 
unreviewable discretion, determines that the alien lawfully admitted 
for permanent residence poses no risk to the alien with respect to whom 
a petition described in subclause (I) is filed.''.
    (b) Nonimmigrants.--Section 101(a)(15)(K) of such Act (8 U.S.C. 
1101(a)(15)(K)), is amended by striking ``204(a)(1)(A)(viii)(I))'' each 
place such term appears and inserting ``204(a)(1)(A)(viii))''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
petitions filed on or after such date.

SEC. 3308. CLARIFICATION TO CRIMES OF VIOLENCE AND CRIMES INVOLVING 
              MORAL TURPITUDE.

    (a) Inadmissible Aliens.--Section 212(a)(2)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)) is amended by adding at 
the end the following:
                            ``(iii) Clarification.--If the conviction 
                        records do not conclusively establish whether a 
                        crime constitutes a crime involving moral 
                        turpitude, the Attorney General or the 
                        Secretary of Homeland Security, as appropriate, 
                        may consider other evidence related to the 
                        conviction that establishes that the conduct 
                        for which the alien was engaged constitutes a 
                        crime involving moral turpitude.''.
    (b) Deportable Aliens.--
            (1) General crimes.--Section 237(a)(2)(A) of such Act (8 
        U.S.C. 1227(a)(2)(A)), as amended by this title, is further 
        amended by inserting after clause (iv) the following:
                            ``(v) Crimes involving moral turpitude.--If 
                        the conviction records do not conclusively 
                        establish whether a crime constitutes a crime 
                        involving moral turpitude, the Attorney General 
                        or the Secretary of Homeland Security, as 
                        appropriate, may consider other evidence 
                        related to the conviction that establishes that 
                        the conduct for which the alien was engaged 
                        constitutes a crime involving moral 
                        turpitude.''.
            (2) Domestic violence.--Section 237(a)(2)(E) of such Act (8 
        U.S.C. 1227(a)(2)(E)) is amended by adding at the end the 
        following:
                            ``(iii) Crimes of violence.--If the 
                        conviction records do not conclusively 
                        establish whether a crime of domestic violence 
                        constitutes a crime of violence (as defined in 
                        section 16 of title 18, United States Code), 
                        the Attorney General or the Secretary of 
                        Homeland Security, as appropriate, may consider 
                        other evidence related to the conviction that 
                        establishes that the conduct for which the 
                        alien was engaged constitutes a crime of 
                        violence.''.
    (c) 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. 3309. 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) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies (as defined 
                                        in section 101(a)(43)(A)) or of 
                                        one or more crimes identified 
                                        by the Secretary of Homeland 
                                        Security by regulation, or of 
                                        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 crimes of 
                                        violence (as defined in section 
                                        16 of title 18, United States 
                                        Code, 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. 3310. TIMELY REPATRIATION.

    (a) Listing of Countries.--Beginning on the date that is 6 months 
after the date of the enactment of this Act, and every 6 months 
thereafter, the Secretary of Homeland Security shall publish a report 
including the following:
            (1) A list of the following:
                    (A) Countries that have refused or unreasonably 
                delayed repatriation of an alien who is a national of 
                that country since the date of the enactment of this 
                Act and the total number of such aliens, disaggregated 
                by nationality.
                    (B) Countries that have an excessive repatriation 
                failure rate.
            (2) A list of each country that was included under 
        subparagraph (B) or (C) of paragraph (1) in both the report 
        preceding the current report and the current report.
    (b) Sanctions.--Beginning on the date on which a country is 
included in a list under subsection (a)(2) and ending on the date on 
which that country is not included in such list, that country shall be 
subject to the following:
            (1) The Secretary of State may not issue visas under 
        section 101(a)(15)(A)(iii) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants, 
        personal employees, and members of their immediate families, of 
        the officials and employees of that country who receive 
        nonimmigrant status under clause (i) or (ii) of section 
        101(a)(15)(A) of such Act.
            (2) Each 6 months thereafter that the country is included 
        in that list, the Secretary of State shall reduce the number of 
        visas available under clause (i) or (ii) of section 
        101(a)(15)(A) of the Immigration and Nationality Act in a 
        fiscal year to nationals of that country by an amount equal to 
        10 percent of the baseline visa number for that country. Except 
        as provided under section 243(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1253), the Secretary may not reduce 
        the number to a level below 20 percent of the baseline visa 
        number.
    (c) Waivers.--
            (1) National security waiver.--If the Secretary of State 
        submits to Congress a written determination that significant 
        national security interests of the United States require a 
        waiver of the sanctions under subsection (b), the Secretary may 
        waive any reduction below 80 percent of the baseline visa 
        number. The Secretary of Homeland Security may not delegate the 
        authority under this subsection.
            (2) Temporary exigent circumstances.--If the Secretary of 
        State submits to Congress a written determination that 
        temporary exigent circumstances require a waiver of the 
        sanctions under subsection (b), the Secretary may waive any 
        reduction below 80 percent of the baseline visa number during 
        6-month renewable periods. The Secretary of Homeland Security 
        may not delegate the authority under this subsection.
    (d) Exemption.--The Secretary of Homeland Security, in consultation 
with the Secretary of State, may exempt a country from inclusion in a 
list under subsection (a)(2) if the total number of nonrepatriations 
outstanding is less than 10 for the preceding 3-year period.
    (e) Unauthorized Visa Issuance.--Any visa issued in violation of 
this section shall be void.
    (f) Notice.--If an alien who has been convicted of a criminal 
offense before a Federal or State court whose repatriation was refused 
or unreasonably delayed is to be released from detention by the 
Secretary of Homeland Security, the Secretary shall provide notice to 
the State and local law enforcement agency for the jurisdictions in 
which the alien is required to report or is to be released. When 
possible, and particularly in the case of violent crime, the Secretary 
shall make a reasonable effort to provide notice of such release to any 
crime victims and their immediate family members.
    (g) Definitions.--For purposes of this section:
            (1) Refused or unreasonably delayed.--A country is deemed 
        to have refused or unreasonably delayed the acceptance of an 
        alien who is a citizen, subject, national, or resident of that 
        country if, not later than 90 days after receiving a request to 
        repatriate such alien from an official of the United States who 
        is authorized to make such a request, the country does not 
        accept the alien or issue valid travel documents.
            (2) Failure rate.--The term ``failure rate'' for a period 
        means the percentage determined by dividing the total number of 
        repatriation requests for aliens who are citizens, subjects, 
        nationals, or residents of a country that that country refused 
        or unreasonably delayed during that period by the total number 
        of such requests during that period.
            (3) Excessive repatriation failure rate.--The term 
        ``excessive repatriation failure rate'' means, with respect to 
        a report under subsection (a), a failure rate greater than 10 
        percent for any of the following:
                    (A) The period of the 3 full fiscal years preceding 
                the date of publication of the report.
                    (B) The period of 1 year preceding the date of 
                publication of the report.
            (4) Number of nonrepatriations outstanding.--The term 
        ``number of nonrepatriations outstanding'' means, for a period, 
        the number of unique aliens whose repatriation a country has 
        refused or unreasonably delayed and whose repatriation has not 
        occurred during that period.
            (5) Baseline visa number.--The term ``baseline visa 
        number'' means, with respect to a country, the average number 
        of visas issued each fiscal year to nationals of that country 
        under clauses (i) and (ii) of section 101(a)(15)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for 
        the 3 full fiscal years immediately preceding the first report 
        under subsection (a) in which that country is included in the 
        list under subsection (a)(2).
    (h) GAO Report.--On the date that is 1 day after the date that the 
President submits a budget under section 1105(a) of title 31, United 
States Code, for fiscal year 2016, the Comptroller General of the 
United States shall submit a report to Congress regarding the progress 
of the Secretary of Homeland Security and the Secretary of State in 
implementation of this section and in making requests to repatriate 
aliens as appropriate.

SEC. 3311. ILLEGAL REENTRY.

    Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) 
is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--
            ``(1) In general.--Any alien who has been denied admission, 
        excluded, deported, or removed, or who has departed the United 
        States while an order of exclusion, deportation, or removal is 
        outstanding, and subsequently enters, attempts to enter, 
        crosses the border to, attempts to cross the border to, or is 
        at any time found in the United States, shall be fined under 
        title 18, United States Code, imprisoned not more than 2 years, 
        or both.
            ``(2) Exception.--If an alien sought and received the 
        express consent of the Secretary to reapply for admission into 
        the United States, or, with respect to an alien previously 
        denied admission and removed, the alien was not required to 
        obtain such advance consent under the Immigration and 
        Nationality Act or any prior Act, the alien shall not be 
        subject to the fine and imprisonment provided for in paragraph 
        (1).
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection 
was convicted before such removal or departure--
            ``(1) for 3 or more misdemeanors or for a felony, the alien 
        shall be fined under title 18, United States Code, imprisoned 
        not more than 10 years, or both;
            ``(2) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 30 months, the alien 
        shall be fined under such title, imprisoned not more than 15 
        years, or both;
            ``(3) for a felony for which the alien was sentenced to a 
        term of imprisonment of not less than 60 months, the alien 
        shall be fined under such title, imprisoned not more than 20 
        years, or both; or
            ``(4) for murder, rape, kidnapping, or a felony offense 
        described in chapter 77 (relating to peonage and slavery) or 
        113B (relating to terrorism) of such title, or for 3 or more 
        felonies of any kind, the alien shall be fined under such 
        title, imprisoned not more than 25 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described, and the 
penalties in that subsection shall apply only in cases in which the 
conviction or convictions that form the basis for the additional 
penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(f) Definitions.--For purposes of this section and section 275, 
the following definitions shall apply:
            ``(1) Crosses the border to the united states.--The term 
        `crosses the border' refers to the physical act of crossing the 
        border free from official restraint.
            ``(2) Official restraint.--The term `official restraint' 
        means any restraint known to the alien that serves to deprive 
        the alien of liberty and prevents the alien from going at large 
        into the United States. Surveillance unbeknownst to the alien 
        shall not constitute official restraint.
            ``(3) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(4) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(5) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation, or removal, or any agreement 
        by which an alien stipulates or agrees to exclusion, 
        deportation, or removal.
            ``(6) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

                        TITLE IV--ASYLUM REFORM

SEC. 4401. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended--
            (1) by striking ``In any removal proceedings before an 
        immigration judge and in any appeal proceedings before the 
        Attorney General from any such removal proceedings'' and 
        inserting ``In any removal proceedings before an immigration 
        judge, or any other immigration proceedings before the Attorney 
        General, the Secretary of Homeland Security, or any appeal of 
        such a proceeding''.
            (2) by striking ``(at no expense to the Government)''; and
            (3) by adding at the end the following ``Notwithstanding 
        any other provision of law, in no instance shall the Government 
        bear any expense for counsel for any person in proceedings 
        described in this section.''.

SEC. 4402. CREDIBLE FEAR INTERVIEWS.

    Section 235(b)(1)(B)(v) of the Immigration and 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 
1158 of this title, and it is more probable than not that the 
statements made by, and on behalf of, the alien in support of the 
alien's claim are true.''.

SEC. 4403. RECORDING EXPEDITED REMOVAL AND 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. 4404. 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. 4405. RENUNCIATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME 
              COUNTRY.

    (a) In General.--Section 208(c) of the Immigration and Nationality 
Act (8 U.S.C. 1158(c)) is amended by adding at the end the following 
new paragraph:
            ``(4) Renunciation of status pursuant to return to home 
        country.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), any alien who is granted 
                asylum status under this Act, who, 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.
                    ``(C) Exception for certain aliens from cuba.--
                Subparagraph (A) shall not apply to an alien who is 
                eligible for adjustment to that of an alien lawfully 
                admitted for permanent residence pursuant to the Cuban 
                Adjustment Act of 1966 (Public Law 89-732).''.
    (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. 4406. 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 its material elements are 
                        deliberately 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. 4407. 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. 4408. PENALTIES FOR ASYLUM FRAUD.

    Section 1001 of title 18 is amended by inserting at the end of the 
paragraph--
    ``(d) Whoever, in any matter before the Secretary of Homeland 
Security or the Attorney General pertaining to asylum under section 208 
of the Immigration and 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. 4409. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD.

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

SEC. 4410. TECHNICAL AMENDMENTS.

    Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(D), by inserting ``Secretary 
                of Homeland Security or the'' before ``Attorney 
                General''; and
                    (B) in paragraph (3), by inserting ``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''; and
                    (B) 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--UNACCOMPANIED AND ACCOMPANIED ALIEN MINORS APPREHENDED ALONG 
                               THE BORDER

SEC. 5501. 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.
                                    ``(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 June 15, 
                        2012, 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.
                            ``(iii) Activities of the secretary of 
                        homeland security.--Not later than 30 days 
                        after receiving the information listed in 
                        clause (i), the Secretary of Homeland Security 
                        shall--
                                    ``(I) in the case that the 
                                immigration status of an individual 
                                with whom a child is placed is unknown, 
                                investigate the immigration status of 
                                that individual; and
                                    ``(II) upon determining that an 
                                individual with whom a child is placed 
                                is unlawfully present in the United 
                                States, initiate removal proceedings 
                                pursuant to chapter 4 of title II of 
                                the Immigration and Nationality Act (8 
                                U.S.C. 1221 et seq.).''; 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 unauthorized alien child apprehended on or after June 15, 
2012.

SEC. 5502. 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. 5503. 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. 5504. QUARTERLY REPORT TO CONGRESS.

    Not later than January 5, 2019, and every 3 months thereafter--
            (1) the Attorney General shall submit a report on--
                    (A) the total number of asylum cases filed by 
                unaccompanied alien children and completed by an 
                immigration judge during the 3-month period preceding 
                the date of the report, and the percentage of those 
                cases in which asylum was granted; and
                    (B) the number of unaccompanied alien children who 
                failed to appear for any proceeding before an 
                immigration judge during the 3-month period preceding 
                the date of the report; and
            (2) the Secretary of Homeland Security shall submit a 
        report on the total number of applications for asylum, filed by 
        unaccompanied alien children, that were adjudicated during the 
        3-month period preceding the date of the report and the 
        percentage of those applications that were granted.

SEC. 5505. BIANNUAL REPORT TO CONGRESS.

    Not later than January 5, 2019, and every 6 months thereafter, the 
Attorney General shall submit a report to Congress on each crime for 
which an unaccompanied alien child is charged or convicted during the 
previous 6-month period following their release from the custody of the 
Secretary of Homeland Security pursuant to section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 
(8 U.S.C. 1232).

SEC. 5506. 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.''.
    (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.

                     DIVISION C--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) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' has the meaning given 
        the term in section 2(2) of the Homeland Security Act of 2002 
        (6 U.S.C. 101(2)).
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (4) 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.
            (5) 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).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) 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)).
            (8) 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).
            (9) 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)).
            (10) 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).
            (11) 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, 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, 2022, 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, before constructing physical barriers in 
                        a specific area or region, 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); and
                                    (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) 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''; and
                    (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.'';
            (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, operation, and maintenance of the physical 
        barriers, tactical infrastructure, and technology under this 
        section. 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, 2022, 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 (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, after coordination with 
the Administrator of the Federal Aviation Administration, 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 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, 2022, 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, 2021, 
                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.

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 2017 
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. REIMBURSEMENT OF STATES FOR DEPLOYMENT OF THE NATIONAL GUARD 
              AT THE SOUTHERN BORDER.

    (a) In General.--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, along 
the southern border for the purposes of assisting U.S. Customs and 
Border Protection to achieve situational awareness and operational 
control of the border.
    (b) Assignment of Operations and Missions.--
            (1) In general.--National Guard units and personnel 
        deployed under subsection (a) may be assigned such operations 
        and missions specified in subsection (c) as may be necessary to 
        secure the southern border.
            (2) Nature of duty.--The duty of National Guard personnel 
        performing operations and missions described in paragraph (1) 
        shall be full-time duty under title 32, United States Code.
    (c) Range of Operations and Missions.--The operations and missions 
assigned under subsection (b) shall include the temporary authority 
to--
            (1) construct reinforced fencing or other physical 
        barriers;
            (2) operate ground-based surveillance systems;
            (3) operate unmanned and manned aircraft;
            (4) provide radio communications interoperability between 
        U.S. Customs and Border Protection and State, local, and tribal 
        law enforcement agencies;
            (5) construct checkpoints along the Southern border to 
        bridge the gap to long-term permanent checkpoints; and
            (6) provide intelligence support.
    (d) Materiel and Logistical Support.--The Secretary of Defense 
shall deploy such materiel, equipment, and logistical support as may be 
necessary to ensure success of the operations and missions conducted by 
the National Guard under this section.
    (e) Reimbursement Required.--
            (1) In general.--The Secretary of Defense shall reimburse 
        States for the cost of the deployment of any units or personnel 
        of the National Guard to perform operations and missions in 
        full-time State Active Duty in support of a southern border 
        mission. The Secretary of Defense may not seek reimbursement 
        from the Secretary for any reimbursements paid to States for 
        the costs of such deployments.
            (2) Limitation.--The total amount of reimbursements under 
        this section may not exceed $35,000,000 for any fiscal year.

SEC. 1117. NATIONAL GUARD SUPPORT TO SECURE THE SOUTHERN BORDER.

    (a) In General.--The Secretary of Defense, with the concurrence of 
the Secretary, shall provide assistance to U.S. Customs and Border 
Protection for purposes of increasing ongoing efforts to secure the 
southern border.
    (b) Types of Assistance Authorized.--The assistance provided under 
subsection (a) may include--
            (1) deployment of manned aircraft, unmanned aerial 
        surveillance systems, and ground-based surveillance systems to 
        support continuous surveillance of the southern border; and
            (2) 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) Authorization of Appropriations.--There are authorized to be 
appropriated for the Department of Defense $75,000,000 to provide 
assistance under this section. The Secretary of Defense may not seek 
reimbursement from the Secretary for any assistance provided under this 
section.
    (e) Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act and annually thereafter, the 
        Secretary of Defense shall submit a report to the appropriate 
        congressional defense committees (as defined in section 
        101(a)(16) of title 10, United States Code) regarding any 
        assistance provided under subsection (a) during the period 
        specified in paragraph (3).
            (2) Elements.--Each report under paragraph (1) shall 
        include, for the period specified in paragraph (3), a 
        description of--
                    (A) the assistance provided;
                    (B) the sources and amounts of funds used to 
                provide such assistance; and
                    (C) the amounts obligated to provide such 
                assistance.
            (3) Period specified.--The period specified in this 
        paragraph is--
                    (A) in the case of the first report required under 
                paragraph (1), the 90-day period beginning on the date 
                of the enactment of this Act; and
                    (B) in the case of any subsequent report submitted 
                under paragraph (1), the calendar year for which the 
                report is submitted.

SEC. 1118. 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) the execution of search and rescue operations;
                    (B) the use of motorized vehicles, foot patrols, 
                and horseback to patrol the border area, apprehend 
                illegal entrants, and rescue individuals; and
                    (C) the design, testing, construction, 
                installation, deployment, and operation of physical 
                barriers, tactical infrastructure, and technology 
                pursuant to section 102 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996 (as 
                amended by section 1111 of this division).
    (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 Religious Freedom Restoration Act (42 
                U.S.C. 2000bb).
                    (II) The National Forest Management Act of 1976 (16 
                U.S.C. 1600 et seq.).
                    (JJ) 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. 1119. 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. 1120. ERADICATION OF CARRIZO CANE AND SALT CEDAR.

    (a) In General.--Not later than September 30, 2022, 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. 1121. 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, 2018, 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. 1122. 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. 1123. 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. 1124. 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.
    ``(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 appropriate congressional 
committees, including 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. 1125. 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. 1126. PILOT PROGRAM ON USE OF ELECTROMAGNETIC SPECTRUM IN SUPPORT 
              OF BORDER SECURITY OPERATIONS.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection, 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 of U.S. Customs and Border Protection 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. 1127. HOMELAND SECURITY FOREIGN 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 
1124 of this division, is further amended by adding at the end the 
following new section:

``SEC. 437. SECURITY ASSISTANCE.

    ``(a) In General.--The Secretary, with the concurrence of the 
Secretary of State, may provide to a foreign government, financial 
assistance and, with or without reimbursement, security assistance, 
including equipment, training, maintenance, supplies, and sustainment 
support.
    ``(b) Determination.--The Secretary may only provide financial 
assistance or security assistance pursuant to subsection (a) if the 
Secretary determines that such assistance would enhance the recipient 
government's capacity to--
            ``(1) mitigate the risk or threat of transnational 
        organized crime and terrorism;
            ``(2) address irregular migration flows that may affect the 
        United States, including any detention or removal operations of 
        the recipient government; or
            ``(3) protect and expedite legitimate trade and travel.
    ``(c) Limitation on Transfer.--The Secretary may not--
            ``(1) transfer any equipment or supplies that are 
        designated as a munitions item or controlled on the United 
        States Munitions List, pursuant to section 38 of the Foreign 
        Military Sales Act (22 U.S.C. 2778); or
            ``(2) transfer any vessel or aircraft pursuant to this 
        section.
    ``(d) Related Training.--In conjunction with a transfer of 
equipment pursuant to subsection (a), the Secretary may provide such 
equipment-related training and assistance as the Secretary determines 
necessary.
    ``(e) Maintenance of Transferred Equipment.--The Secretary may 
provide for the maintenance of transferred equipment through service 
contracts or other means, with or without reimbursement, as the 
Secretary determines necessary.
    ``(f) Reimbursement of Expenses.--
            ``(1) In general.--The Secretary may collect payment from 
        the receiving entity for the provision of security assistance 
        under this section, including equipment, training, maintenance, 
        supplies, sustainment support, and related shipping costs.
            ``(2) Transfer.--Notwithstanding any other provision of 
        law, to the extent the Secretary does not collect payment 
        pursuant to paragraph (1), any amounts appropriated or 
        otherwise made available to the Department of Homeland Security 
        may be transferred to the account that finances the security 
        assistance provided pursuant to subsection (a).
    ``(g) Receipts Credited as Offsetting Collections.--Notwithstanding 
section 3302 of title 31, United States Code, any reimbursement 
collected pursuant to subsection (f) shall--
            ``(1) be credited as offsetting collections to the account 
        that finances the security assistance under this section for 
        which such reimbursement is received; and
            ``(2) remain available until expended for the purpose of 
        carrying out this section.
    ``(h) Rule of Construction.--Nothing in this section may be 
construed as affecting, augmenting, or diminishing the authority of the 
Secretary of State.''.
    (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. Security assistance.''.

                         Subtitle B--Personnel

SEC. 1131. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION AGENTS AND 
              OFFICERS.

    (a) Border Patrol Agents.--Not later than September 30, 2022, 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, 2022--
            (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, 2022, 
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, 2022, 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, 2022, 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, 2022, 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, 2022, 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, 2022, 
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, 2022, 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, 2022, 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, 2022, 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);
                            ``(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. 
        Customs 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, 2022. 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 2017 
        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 2018 through 2022, 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 2018 through 2022 
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.''.

              Subtitle D--Authorization of Appropriations

SEC. 1151. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts otherwise authorized to be appropriated, 
there are authorized to be appropriated for each of fiscal years 2018 
through 2022, $24,800,000,000 to implement this title and the 
amendments made by this title, of which--
            (1) $9,300,000,000 shall be used by the Department of 
        Homeland Security to construct physical barriers pursuant to 
        section 102 of the Illegal Immigration and Immigrant 
        Responsibility Act of 1996, as amended by section 1111 of this 
        division;
            (2) $1,000,000,000 shall be used by the Department to 
        improve tactical infrastructure pursuant to such section 102, 
        as amended by such section 1111;
            (3) $5,800,000,000 shall be used by the Department to carry 
        out section 1112 of this division;
            (4) $200,000,000 shall be used by the Coast Guard for 
        deployments of personnel and assets under paragraph (18) of 
        section 1113(a) of this division; and
            (5) $8,500,000,000 shall be used by the Department to carry 
        out section 1131 of this division.

 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, 2021, 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) 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, 2021, 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 year 2018 to carry 
out subsection (a).

SEC. 2104. PILOT AND UPGRADE OF LICENSE PLATE READERS AT PORTS OF 
              ENTRY.

    (a) Upgrade.--Not later than one year after the date of the 
enactment of this Act, the Commissioner of U.S. Customs and Border 
Protection shall upgrade all existing license plate readers 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 of U.S. Customs and Border 
Protection 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 year 2018 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 for non-
        pedestrian outbound traffic.--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 for non-pedestrian outbound 
        traffic.--
                    ``(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, and such system shall apply only in the case of 
                non-pedestrian outbound traffic.
                    ``(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.
            ``(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.
            ``(4) At land ports of entry for pedestrians.--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, and such system shall apply only in the case of 
        pedestrians.
    ``(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 U.S. Customs and Border Protection by the Canadian Border Services 
Agency pursuant to the 2011 Beyond the Border agreement.
    ``(k) Fair and Open Competition.--The Secretary shall procure goods 
and services to implement this section via fair 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 $1,250,000,000 
for each of fiscal years 2018 through 2022 to carry out this title, of 
which--
            (1) $2,000,000 shall be used by the Secretary for hiring 
        additional Uniform Management Center support personnel, 
        purchasing uniforms for CBP officers and agents, acquiring 
        additional motor vehicles to support vehicle mounted 
        surveillance systems, hiring additional motor vehicle program 
        support personnel, and for contract support for customer 
        service, vendor management, and operations management; and
            (2) $250,000,000 per year shall be used 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, 
                        in a risk-based manner, and considering the 
                        criteria described in clause (ii), employees of 
                        the Department to not fewer than 75 diplomatic 
                        and consular posts at which visas are issued.
                            ``(ii) 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.
                            ``(iii) Rule of construction.--The 
                        assignment of employees of the Department 
                        pursuant to this subparagraph is solely the 
                        authority of the Secretary and may not be 
                        altered or rejected by the Secretary of 
                        State.''.
    (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.

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 
2021 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 June 30, 2018, and not later 
than June 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, 1124, 
and 1127 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 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.

``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.''.

     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. 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 subsection (a)(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.''.

        DIVISION D--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 contingent 
        nonimmigrant status under this division.
            (3) Educational institution.--The term ``educational 
        institution'' means--
                    (A) an institution that is described in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)) or is a proprietary institution of higher 
                education (as defined in section 102(b) of such Act (20 
                U.S.C. 1002(b)));
                    (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 or harassment.--The term ``sexual 
        assault or harassment'' means--
                    (A) conduct engaged in by an alien 18 years of age 
                or older, which consists of unwelcome sexual advances, 
                requests for sexual favors, or other verbal or physical 
                conduct of a sexual nature, and--
                            (i) submission to such conduct is made 
                        either explicitly or implicitly a term or 
                        condition of an individual's employment;
                            (ii) submission to or rejection of such 
                        conduct by an individual is used as the basis 
                        for employment decisions affecting such 
                        individual; or
                            (iii) such conduct has the purpose or 
                        effect of creating an intimidating, hostile, or 
                        offensive environment;
                    (B) 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));
                    (C) 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));
                    (D) sexual conduct with a minor who is under 14 
                years of age, or with a minor under 16 years of age 
                where the alien was at least 4 years older than the 
                minor;
                    (E) 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
                    (F) 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 FOR CERTAIN ALIENS WHO 
              ENTERED THE UNITED STATES AS MINORS.

    (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, and 
                at the time of filing an application under subsection 
                (c);
                    (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;
                    (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; and
                    (I) possesses a valid Employment Authorization 
                Document which authorizes the alien to work as of the 
                date of the enactment of this Act, which 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''.
            (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 from a high 
                        school in the United States, has earned a 
                        General Educational Development certificate 
                        recognized under State law, or has earned a 
                        recognized high school equivalency certificate 
                        under applicable State law.
                    (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.
            (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;
                            (iii) an offense classified as a 
                        misdemeanor in the convicting jurisdiction 
                        which involved--
                                    (I) domestic violence (as 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 
                                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);
                                    (IV) the violation of a protection 
                                order (as such term is defined in 
                                section 2266 of title 18, United States 
                                Code); or
                                    (V) driving while intoxicated or 
                                driving under the influence (as such 
                                terms are defined in section 164(a)(2) 
                                of title 23, United States Code);
                            (iv) two or more misdemeanor convictions 
                        (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
                            (v) 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, which regard to which the alien has not 
                satisfied any civil legal judgements awarded to any 
                victims (or family members of victims) of the crime;
                    (D) is described in section 212(a)(2)(J) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1882(a)(2)(J)) (relating to aliens associated with 
                criminal gangs);
                    (E) has been charged with a felony or misdemeanor 
                offense (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), and the charge or 
                charges are still pending;
                    (F) 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--
                            (i) paragraphs (5), (7), and (9)(B) of such 
                        section shall not apply; and
                            (ii) subparagraphs (A), (D), and (G) of 
                        paragraph (6), and paragraphs (9)(C)(i)(I) and 
                        (10)(B), of such section shall not apply, 
                        except in the case of the alien unlawfully 
                        entering the United States after June 15, 2007;
                    (G) 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;
                    (H) 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 (other than an alien 
                        considered to be a nonimmigrant solely due to 
                        the application of section 244(f)(4) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1254a(f)(4)) or the amendment made by section 
                        702 of the Consolidated Natural Resources Act 
                        of 2008 (Public Law 110-229)), notwithstanding 
                        any unauthorized employment or other violation 
                        of nonimmigrant status;
                    (I) has failed to comply with the requirements of 
                any removal order or voluntary departure agreement;
                    (J) 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));
                    (K) has failed or refused to attend or remain in 
                attendance at a proceeding to determine the alien's 
                inadmissibility or deportability;
                    (L) 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;
                    (M) is delinquent with respect to any Federal, 
                State, or local income or property tax liability;
                    (N) has failed to pay to the Treasury, in addition 
                to any amounts owed, an amount equal to the aggregate 
                value of any disbursements received by such alien for 
                refunds described in section 1324(b)(2);
                    (O) has 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
                    (P) has at any time engaged in sexual assault or 
                harassment.
    (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 1105.
            (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 1105.
            (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).
                    (B) Interview.--The Secretary shall 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.
                    (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)(A)(iii) and (v).
                    (C) A certified school transcript demonstrating 
                that the alien satisfies the requirements of subsection 
                (b)(2)(A)(ii) and (vi).
                    (D) Immigration records from the Department of 
                Homeland Security (demonstrating that the alien 
                satisfies the requirements under subsection 
                (b)(2)(A)(i), (ii), and (vi)).
            (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 border security fee to the 
                        Department of Homeland Security in an amount of 
                        $1,000.
                            (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 C, 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) Duration of status and extension.--The initial period 
        of contingent nonimmigrant status--
                    (A) shall be 3 years unless revoked pursuant to 
                subsection (e); and
                    (B) may be extended for additional 3-year terms 
                if--
                            (i) the alien remains eligible for 
                        contingent nonimmigrant status under subsection 
                        (b);
                            (ii) the alien again passes background 
                        checks equivalent to the background checks 
                        described in subsection (c)(9); and
                            (iii) such status was not revoked by the 
                        Secretary for any reason.
    (d) Terms and Conditions of Contingent Nonimmigrant Status.--
            (1) Work authorization.--The Secretary shall grant 
        employment authorization to an alien granted contingent 
        nonimmigrant status who requests such authorization.
            (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 (e).
                    (B) Authorization.--The Secretary may authorize a 
                contingent nonimmigrant to travel outside the United 
                States and may grant the contingent nonimmigrant 
                reentry provided that the contingent nonimmigrant--
                            (i) was not absent from the United States 
                        for a period of more than 15 consecutive days, 
                        or 90 days in the aggregate during each 3-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; and
                            (ii) is otherwise admissible to the United 
                        States, except as provided in subsection 
                        (b)(4)(F).
                    (C) Clarification on admission.--The admission to 
                the United States of a contingent nonimmigrant after 
                such trips as described in subparagraph (B) shall not 
                be considered an admission for the purposes of section 
                245(a) of the Immigration and Nationality Act (8 U.S.C. 
                1255(a)).
            (3) Ineligibility for health care subsidies and refundable 
        tax credits.--
                    (A) Health care subsidies.--A contingent 
                nonimmigrant--
                            (i) is not entitled to the premium 
                        assistance tax credit authorized under section 
                        36B of the Internal Revenue Code of 1986 and 
                        shall be subject to the rules applicable to 
                        individuals who are not lawfully present set 
                        forth in subsection (e) of such section; and
                            (ii) shall be subject to the rules 
                        applicable to individuals who are not lawfully 
                        present set forth in section 1402(e) of the 
                        Patient Protection and Affordable Care Act (42 
                        U.S.C. 18071(e)).
                    (B) Refundable tax credits.--A contingent 
                nonimmigrant shall not be allowed any credit under 
                sections 24 and 32 of the Internal Revenue Code of 
                1986.
            (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) Clarification.--An alien granted contingent 
        nonimmigrant status under this division shall not be considered 
        to have been admitted to the United States for the purposes of 
        section 245(a) of the Immigration and Nationality Act (8 U.S.C. 
        1255(a)).
    (e) 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 subsection (b);
                    (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. 1103. 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. 1104. 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. 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. 1105. RULEMAKING.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall issue interim final regulations to implement this 
division, which shall take effect immediately upon publication in the 
Federal Register.

SEC. 1106. 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.
                                 <all>