,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #facf ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjah,mr4 ,goodlatte 7for himself1 ,mr4 ,curbelo of ,florida1 ,mr4 ,mc,caul1 and ,mr4 ,denham7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,homeland ,security1 ,agriculture1 ,natural ,resources1 ,transportation and ,infrastructure1 ,ways and ,means1 ,energy and ,commerce1 ,armed ,services1 ,foreign ,affairs1 the ,budget1 and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the immigration laws and provide for border security1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,border ,security and ,immigration ,reform ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,division ,a--,border ,enforcement ,sec4 #aajj4 ,short title4 ,title ,i--,border ,security ,sec4 #aaja4 ,definitions4 ,subtitle ,a--,infrastructure and ,equipment ,sec4 #aaaa4 ,strengthening the requirements for barriers along the southern border4 ,sec4 #aaab4 ,air and ,marine ,operations flight hours4 ,sec4 #aaac4 ,capability deployment to specific sectors and transit zone4 ,sec4 #aaad4 ,u4,s4 ,border ,patrol activities4 ,sec4 #aaae4 ,border security technology program management4 ,sec4 #aaaf4 ,national ,guard support to secure the southern border4 ,sec4 #aaag4 ,prohibitions on actions that impede border security on certain ,federal land4 ,sec4 #aaah4 ,landowner and rancher security enhancement4 ,sec4 #aaai4 ,eradication of carrizo cane and salt cedar4 ,sec4 #aabj4 ,southern border threat analysis4 ,sec4 #aaba4 ,amendments to ,u4,s4 ,customs and ,border ,protection4 ,sec4 #aabb4 ,agent and officer technology use4 ,sec4 #aabc4 ,integrated ,border ,enforcement ,teams4 ,sec4 #aabd4 ,tunnel ,task ,forces4 ,sec4 #aabe4 ,pilot program on use of electromagnetic spectrum in support of border security operations4 ,sec4 #aabf4 ,foreign migration assistance4 ,sec4 #aabg4 ,biometric ,identification ,transnational ,migration ,alert ,program4 ,subtitle ,b--,personnel ,sec4 #aaca4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers4 ,sec4 #aacb4 ,u4,s4 ,customs and ,border ,protection retention incentives4 ,sec4 #aacc4 ,anti-,border ,corruption ,reauthorization ,act4 ,sec4 #aacd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection4 ,subtitle ,c--,grants ,sec4 #aada4 ,operation ,stonegarden4 ,title ,,ii--,emergency ,port of ,entry ,personnel and ,infrastructure ,funding ,sec4 #baja4 ,ports of entry infrastructure4 ,sec4 #bajb4 ,secure communications4 ,sec4 #bajc4 ,border security deployment program4 ,sec4 #bajd4 ,pilot and upgrade of license plate readers at ports of entry4 ,sec4 #baje4 ,non-intrusive inspection operational demonstration4 ,sec4 #bajf4 ,biometric exit data system4 ,sec4 #bajg4 ,sense of ,congress on cooperation between agencies4 ,sec4 #bajh4 ,authorization of appropriations4 ,sec4 #baji4 ,definition4 ,title ,,iii--,visa ,security and ,integrity ,sec4 #caja4 ,visa security4 ,sec4 #cajb4 ,electronic passport screening and biometric matching4 ,sec4 #cajc4 ,reporting of visa overstays4 ,sec4 #cajd4 ,student and exchange visitor information system verification4 ,sec4 #caje4 ,social media review of visa applicants4 ,sec4 #cajf4 ,cancellation of additional visas4 ,sec4 #cajg4 ,visa information sharing4 ,sec4 #cajh4 ,restricting waiver of visa interviews4 ,sec4 #caji4 ,authorizing the ,department of ,state to not interview certain ineligible visa applicants4 ,sec4 #caaj4 ,petition and application processing for visas and immigration benefits4 ,sec4 #caaa4 ,fraud prevention4 ,sec4 #caab4 ,visa ineligibility for spouses and children of drug traffickers4 ,sec4 #caac4 ,,dna testing4 ,sec4 #caad4 ,access to ,,ncic criminal history database for diplomatic visas4 ,sec4 #caae4 ,elimination of signed photograph requirement for visa applications4 ,sec4 #caaf4 ,additional fraud detection and prevention4 ,title ,,iv--,transnational ,criminal ,organization ,illicit ,spotter ,prevention and ,elimination ,sec4 #daja4 ,short title4 ,sec4 #dajb4 ,illicit spotting4 ,sec4 #dajc4 ,unlawfully hindering immigration1 border1 and customs controls4 ,title ,v--,border ,security ,funding ,sec4 #eaja4 ,border ,security ,funding4 ,sec4 #eajb4 ,limitation on adjustment of status4 ,sec4 #eajc4 ,exclusion from ,,paygo scorecards4 ,division ,b--,immigration ,reform ,title ,i--,lawful ,status for ,certain ,childhood ,arrivals ,sec4 #aaja4 ,definitions4 ,sec4 #aajb4 ,contingent nonimmigrant status eligibility and application4 ,sec4 #aajc4 ,terms and conditions of conditional nonimmigrant status4 ,sec4 #aajd4 ,adjustment of status4 ,sec4 #aaje4 ,administrative and judicial review4 ,sec4 #aajf4 ,penalties and signature requirements4 ,sec4 #aajg4 ,rulemaking4 ,sec4 #aajh4 ,statutory construction4 ,sec4 #aaji4 ,addition of definition4 ,title ,,ii--,immigrant ,visa ,allocations and ,priorities ,sec4 #baja4 ,elimination of diversity visa program4 ,sec4 #bajb4 ,numerical limitation to any single foreign state4 ,sec4 #bajc4 ,family-sponsored immigration priorities4 ,sec4 #bajd4 ,allocation of immigrant visas for contingent nonimmigrants and children of certain nonimmigrants4 ,sec4 #baje4 ,sunset of adjustment visas for conditional nonimmigrants and children of certain nonimmigrants4 ,sec4 #bajf4 ,implementation4 ,sec4 #bajg4 ,repeal of suspension of deportation and adjustment of status for certain aliens4 ,title ,,iii--,unaccompanied ,alien ,children2 ,interior ,immigration ,enforcement ,sec4 #caja4 ,repatriation of unaccompanied alien children4 ,sec4 #cajb4 ,clarification of standards for family detention4 ,sec4 #cajc4 ,detention of dangerous aliens4 ,sec4 #cajd4 ,definition of aggravated felony4 ,sec4 #caje4 ,crime of violence4 ,sec4 #cajf4 ,grounds of inadmissibility and deportability for alien gang members4 ,sec4 #cajg4 ,special immigrant juvenile status for immigrants unable to reunite with either parent4 ,sec4 #cajh4 ,clarification of authority regarding determinations of convictions4 ,sec4 #caji4 ,adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity4 ,sec4 #caaj4 ,clarifying the authority of ,,ice detainers4 ,sec4 #caaa4 ,department of ,homeland ,security access to crime information databases4 ,title ,,iv--,asylum ,reform ,sec4 #daja4 ,credible fear interviews4 ,sec4 #dajb4 ,jurisdiction of asylum applications4 ,sec4 #dajc4 ,recording expedited removal and credible fear interviews4 ,sec4 #dajd4 ,safe third country4 ,sec4 #daje4 ,renunciation of asylum status pursuant to return to home country4 ,sec4 #dajf4 ,notice concerning frivolous asylum applications4 ,sec4 #dajg4 ,anti-fraud investigative work product4 ,sec4 #dajh4 ,penalties for asylum fraud4 ,sec4 #daji4 ,statute of limitations for asylum fraud4 ,sec4 #daaj4 ,technical amendments4 ,title ,v--,,uscis ,waivers ,sec4 #eaja4 ,exemption from ,administrative ,procedure ,act4 ,sec4 #eajb4 ,exemption from ,paperwork ,reduction ,act4 ,sec4 #eajc4 ,sunset4 ,a ,border ,enforcement #aajj4 ,short title ,this division may be cited as the ,border ,security for ,america ,act of #bjah4 ,i ,border ,security #aaja4 ,definitions ,in this title3 7#a7 ,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 vehicles1 humans1 and animals1 and ultimately filter false positives prior to transmission4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,high traffic areas ,the term high traffic areas has the meaning given such term in section #ajb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by section #aaaa of this division4 7#d7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,situational awareness ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#g774 7#g7 ,small unmanned aerial vehicle ,the term small unmanned aerial vehicle has the meaning given the term small unmanned aircraft in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7#h7 ,transit zone ,the term transit zone has the meaning given such term in section #ajib7;a77#h7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc7;a77#g774 7#i7 ,unmanned aerial system ,the term unmanned aerial system has the meaning given the term unmanned aircraft system in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 7#aj7 ,unmanned aerial vehicle ,the term unmanned aerial vehicle has the meaning given the term unmanned aircraft in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 ,a ,infrastructure and ,equipment #aaaa4 ,strengthening the requirements for barriers along the southern border ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary of ,homeland ,security shall take such actions as may be necessary 7including the removal of obstacles to detection of illegal entrants7 to design1 test1 construct1 install1 deploy1 integrate1 and operate physical barriers1 tactical infrastructure1 and technology in the vicinity of the ,united ,states border to achieve situational awareness and operational control of the border and deter1 impede1 and detect illegal activity in high traffic areas4 2 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking fencing and road improvements and inserting physical barriers2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking subsection 7a7 and inserting this section2 7,,ii7 by striking roads1 lighting1 cameras1 and sensors and inserting tactical infrastructure1 and technology2 and 7,,iii7 by striking gain inserting achieve situational awareness and2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,physical barriers and tactical infrastructure 7i7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security1 in carrying out this section1 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 border4 7ii7 ,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 features1 natural barriers1 or the remoteness of such area or region would make any such deployment ineffective1 as determined by the ,secretary1 for the purposes of achieving situational awareness or operational control of such area or region4 2 7iii7 in subparagraph 7,c7-- 7,i7 by amending clause 7i7 to read as follows3 7i7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 appropriate representatives of ,federal1 ,state1 local1 and tribal governments1 and appropriate private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed4 2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 7,,iii7 by inserting after clause 7i71 as amended1 the following new clause3 7ii7 ,notification ,not later than #fj days after the consultation required under clause 7i71 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 barriers1 tactical infrastructure1 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 determination4 2 and 7,,iv7 in clause 7iii71 as so redesignated-- 7aa7 in subclause 7,i71 by striking or after the semicolon at the end2 7bb7 by amending subclause 7,,ii7 to read as follows3 7,,ii7 delay the transfer of the possession of property to the ,united ,states or affect the validity of any property acquisition by purchase or eminent domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 2 and 7cc7 by adding at the end the following new subclause3 7,,iii7 create any right or liability for any party4 2 and 7iv7 by striking subparagraph 7,d72 7,c7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 7ii7 by striking this subsection and inserting this section2 and 7iii7 by striking construction of fences and inserting the construction of physical barriers2 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 ,agent safety ,in carrying out this section1 the ,secretary of ,homeland ,security1 when designing1 constructing1 and deploying physical barriers1 tactical infrastructure1 or technology1 shall incorporate such safety features into such design1 construction1 or deployment of such physical barriers1 tactical infrastructure1 or technology1 as the case may be1 that the ,secretary determines1 in the ,secretary's sole discretion1 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 barriers1 tactical infrastructure1 or technology4 2 and 7,e7 in paragraph 7#d71 by striking this subsection and inserting this section2 7#c7 in subsection 7c71 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall have the authority to waive all legal requirements the ,secretary1 in the ,secretary's sole discretion1 determines necessary to ensure the expeditious design1 testing1 construction1 installation1 deployment1 integration1 and operation of the physical barriers1 tactical infrastructure1 and technology under this section4 ,such waiver authority shall also apply with respect to any maintenance carried out on such physical barriers1 tactical infrastructure1 or technology4 ,any such decision by the ,secretary shall be effective upon publication in the ,federal ,register4 2 and 7#d7 by adding after subsection 7d7 the following new subsections3 7e7 ,technology ,not later than ,september #cj1 #bjbc1 the ,secretary of ,homeland ,security1 in carrying out this section1 shall deploy along the ,united ,states border the most practical and effective technology available for achieving situational awareness and operational control of the border4 7f7 ,limitation on requirements ,nothing in this section may be construed as requiring the ,secretary of ,homeland ,security to install tactical infrastructure1 technology1 and physical barriers in a particular location along an international border of the ,united ,states1 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 location4 7g7 ,definitions ,in this section3 7#a7 ,high traffic areas ,the term high traffic areas means areas in the vicinity of the ,united ,states border that-- 7,a7 are within the responsibility of ,u4,s4 ,customs and ,border ,protection2 and 7,b7 have significant unlawful cross-border activity1 as determined by the ,secretary of ,homeland ,security4 7#b7 ,operational control ,the term operational control has the meaning given such term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7#h ,u4,s4,c4 #agja note2 ,public ,law #aji-cfg74 7#c7 ,physical barriers ,the term physical barriers includes reinforced fencing1 border wall system1 and levee walls4 7#d7 ,situational awareness ,the term situational awareness has the meaning given such term in section #ajib7;a77#g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#f ,u4,s4,c4 #bbc7;a77#g72 ,public ,law #aad-cbh74 7#e7 ,tactical infrastructure ,the term tactical infrastructure includes boat ramps1 access gates1 checkpoints1 lighting1 and roads4 7#f7 ,technology ,the term technology includes border surveillance and detection technology1 including the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,vehicle and ,dismount ,exploitation ,radars 7,,vader74 7,d7 #c-;dimensional1 seismic acoustic detection and ranging border tunneling detection technology4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,g7 ,unmanned aerial vehicles4 7,h7 ,other border detection1 communication1 and surveillance technology4 7#g7 ,unmanned aerial vehicles ,the term unmanned aerial vehicle has the meaning given the term unmanned aircraft in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 4 #aaab4 ,air and ,marine ,operations flight hours 7a7 ,increased flight hours ,the ,secretary shall ensure that not fewer than #ie1jjj annual flight hours are carried out by ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection4 7b7 ,unmanned aerial system ,the ,secretary1 after coordination with the ,administrator of the ,federal ,aviation ,administration1 shall ensure that ,air and ,marine ,operations operate unmanned aerial systems on the southern border of the ,united ,states for not less than #bd hours per day for five days per week4 7c7 ,contract air support authorization ,the ,commissioner shall contract for the unfulfilled identified air support mission critical hours1 as identified by the ,chief of the ,u4,s4 ,border ,patrol4 7d7 ,primary mission ,the ,commissioner shall ensure that-- 7#a7 the primary missions for ,air and ,marine ,operations are to directly support ,u4,s4 ,border ,patrol activities along the southern border of the ,united ,states and ,joint ,interagency ,task ,force ,south operations in the transit zone2 and 7#b7 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 ,act4 7e7 ,high-demand flight hour requirements ,in accordance with subsection 7d71 the ,commissioner shall ensure that ,u4,s4 ,border ,patrol ,sector ,chiefs-- 7#a7 identify critical flight hour requirements2 and 7#b7 direct ,air and ,marine ,operations to support requests from ,sector ,chiefs as their primary mission4 7f7 ,small unmanned aerial vehicles 7#a7 ,in general ,the ,chief of the ,u4,s4 ,border ,patrol shall be the executive agent for ,u4,s4 ,customs and ,border ,protection's use of small unmanned aerial vehicles for the purpose of meeting the ,u4,s4 ,border ,patrol's unmet flight hour operational requirements and to achieve situational awareness and operational control4 7#b7 ,coordination ,in carrying out paragraph 7#a71 the ,chief of the ,u4,s4 ,border ,patrol shall-- 7,a7 coordinate flight operations with the ,administrator of the ,federal ,aviation ,administration to ensure the safe and efficient operation of the ,national ,airspace ,system2 and 7,b7 coordinate with the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to ensure the safety of other ,u4,s4 ,customs and ,border ,protection aircraft flying in the vicinity of small unmanned aerial vehicles operated by the ,u4,s4 ,border ,patrol4 7#c7 ,conforming amendment ,paragraph 7#c7 of section #daa7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;e77 is amended-- 7,a7 in subparagraph 7,b71 by striking and after the semicolon at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 carry out the small unmanned aerial vehicle requirements pursuant to subsection 7f7 of section #aaab of the ,border ,security for ,america ,act of #bjah2 and 4 7g7 ,saving clause ,nothing in this section shall confer1 transfer1 or delegate to the ,secretary1 the ,commissioner1 the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection1 or the ,chief of the ,u4,s4 ,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 safety4 #aaac4 ,capability deployment to specific sectors and transit zone 7a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary1 in implementing section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaaa of this division71 and acting through the appropriate component of the ,department of ,homeland ,security1 shall deploy to each sector or region of the southern border and the northern border1 in a prioritized manner to achieve situational awareness and operational control of such borders1 the following additional capabilities3 7#a7 ,san ,diego sector ,for the ,san ,diego sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,subterranean surveillance and detection technologies4 7,c7 ,to increase coastal maritime domain awareness1 the following3 7i7 ,deployable1 lighter-than-air surface surveillance equipment4 7ii7 ,unmanned aerial vehicles with maritime surveillance capability4 7iii7 ,u4,s4 ,customs and ,border ,protection maritime patrol aircraft4 7iv7 ,coastal radar surveillance systems4 7v7 ,maritime signals intelligence capabilities4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#b7 ,el ,centro sector ,for the ,el ,centro sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,man-portable unmanned aerial vehicles4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#c7 ,yuma sector ,for the ,yuma sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,ultralight aircraft detection capabilities4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,a rapid reaction capability supported by aviation assets4 7,f7 ,mobile vehicle-mounted and man-portable surveillance systems4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#d7 ,tucson sector ,for the ,tucson sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,c7 ,deployable1 lighter-than-air ground surveillance equipment4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#e7 ,el ,paso sector ,for the ,el ,paso sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,ultralight aircraft detection capabilities4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,mobile vehicle-mounted and man-portable surveillance systems4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#f7 ,big ,bend sector ,for the ,big ,bend sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,improved agent communications capabilities4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#g7 ,del ,rio sector ,for the ,del ,rio sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,increased monitoring for cross-river dams1 culverts1 and footpaths4 7,c7 ,improved agent communications capabilities4 7,d7 ,improved maritime capabilities in the ,amistad ,national ,recreation ,area4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,a rapid reaction capability supported by aviation assets4 7,g7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#h7 ,laredo sector ,for the ,laredo sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,maritime detection resources for the ,falcon ,lake region4 7,c7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,d7 ,increased monitoring for cross-river dams1 culverts1 and footpaths4 7,e7 ,ultralight aircraft detection capability4 7,f7 ,advanced unattended surveillance sensors4 7,g7 ,a rapid reaction capability supported by aviation assets4 7,h7 ,man-portable unmanned aerial vehicles4 7,i7 ,improved agent communications capabilities4 7#i7 ,rio ,grande ,valley sector ,for the ,rio ,grande ,valley sector1 the following3 7,a7 ,tower-based surveillance technology4 7,b7 ,deployable1 lighter-than-air ground surveillance equipment4 7,c7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,d7 ,ultralight aircraft detection capability4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,increased monitoring for cross-river dams1 culverts1 footpaths4 7,g7 ,a rapid reaction capability supported by aviation assets4 7,h7 ,increased maritime interdiction capabilities4 7,i7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,j7 ,man-portable unmanned aerial vehicles4 7,k7 ,improved agent communications capabilities4 7#aj7 ,blaine sector ,for the ,blaine sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,coastal radar surveillance systems4 7,c7 ,increased maritime interdiction capabilities4 7,d7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,ultralight aircraft detection capabilities4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications capabilities4 7#aa7 ,spokane sector ,for the ,spokane sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,increased maritime interdiction capabilities4 7,c7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,d7 ,advanced unattended surveillance sensors4 7,e7 ,ultralight aircraft detection capabilities4 7,f7 ,completion of six miles of the ,bog ,creek road4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications systems4 7#ab7 ,havre sector ,for the ,havre sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ac7 ,grand ,forks sector ,for the ,grand ,forks sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ad7 ,detroit sector ,for the ,detroit sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,coastal radar surveillance systems4 7,c7 ,increased maritime interdiction capabilities4 7,d7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,ultralight aircraft detection capabilities4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications systems4 7#ae7 ,buffalo sector ,for the ,buffalo sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,coastal radar surveillance systems4 7,c7 ,increased maritime interdiction capabilities4 7,d7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,e7 ,advanced unattended surveillance sensors4 7,f7 ,ultralight aircraft detection capabilities4 7,g7 ,man-portable unmanned aerial vehicles4 7,h7 ,improved agent communications systems4 7#af7 ,swanton sector ,for the ,swanton sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ag7 ,houlton sector ,for the ,houlton sector1 the following3 7,a7 ,increased flight hours for aerial detection1 interdiction1 and monitoring operations capability4 7,b7 ,mobile vehicle-mounted and man-portable surveillance capabilities4 7,c7 ,advanced unattended surveillance sensors4 7,d7 ,ultralight aircraft detection capabilities4 7,e7 ,man-portable unmanned aerial vehicles4 7,f7 ,improved agent communications systems4 7#ah7 ,transit zone ,for the transit zone1 the following3 7,a7 ,not later than two years after the date of the enactment of this ,act1 an increase in the number of overall cutter1 boat1 and aircraft hours spent conducting interdiction operations over the average number of such hours during the preceding three fiscal years4 7,b7 ,increased maritime signals intelligence capabilities4 7,c7 ,to increase maritime domain awareness1 the following3 7i7 ,unmanned aerial vehicles with maritime surveillance capability4 7ii7 ,increased maritime aviation patrol hours4 7,d7 ,increased operational hours for maritime security components dedicated to joint counter-smuggling and interdiction efforts with other ,federal agencies1 including the ,deployable ,specialized ,forces of the ,coast ,guard4 7,e7 ,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 ,rico1 ,mona ,island1 ,desecheo ,island1 ,vieques ,island1 ,culebra ,island1 ,saint ,thomas1 ,saint ,john1 and ,saint ,croix4 7b7 ,tactical flexibility 7#a7 ,southern and northern land borders 7,a7 ,in general ,beginning on ,september #cj1 #bjbb1 or after the ,secretary has deployed at least #be percent of the capabilities required in each sector specified in subsection 7a71 whichever comes later1 the ,secretary may deviate from such capability deployments if the ,secretary determines that such deviation is required to achieve situational awareness or operational control4 7,b7 ,notification ,if the ,secretary exercises the authority described in subparagraph 7,a71 the ,secretary shall1 not later than #ij days after such exercise1 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 exercise4 ,if the ,secretary makes any changes to such deviation1 the ,secretary shall1 not later than #ij days after any such change1 notify such committees regarding such change4 7#b7 ,transit zone 7,a7 ,notification ,the ,secretary shall notify the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives regarding the capability deployments for the transit zone specified in paragraph 7#ah7 of subsection 7a71 including information relating to-- 7i7 the number and types of assets and personnel deployed2 and 7ii7 the impact such deployments have on the capability of the ,coast ,guard to conduct its mission in the transit zone referred to in paragraph 7#ah7 of subsection 7a74 7,b7 ,alteration ,the ,secretary may alter the capability deployments referred to in this section if the ,secretary-- 7i7 determines1 after consultation with the committees referred to in subparagraph 7,a71 that such alteration is necessary2 and 7ii7 not later than #cj days after making a determination under clause 7i71 notifies the committees referred to in such subparagraph regarding such alteration1 including information relating to-- 7,i7 the number and types of assets and personnel deployed pursuant to such alteration2 and 7,,ii7 the impact such alteration has on the capability of the ,coast ,guard to conduct its mission in the transit zone referred to in paragraph 7#ah7 of subsection 7a74 7c7 ,exigent circumstances 7#a7 ,in general ,notwithstanding subsection 7b71 the ,secretary may deploy the capabilities referred to in subsection 7a7 in a manner that is inconsistent with the requirements specified in such subsection if1 after the ,secretary has deployed at least #be percent of such capabilities1 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 ,states4 7#b7 ,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 #cj days after making a determination under paragraph 7#a74 ,such notification shall include a detailed justification regarding such determination4 7d7 ,integration ,in carrying out subsection 7a71 the ,secretary shall1 to the greatest extent practicable1 integrate1 within each sector or region of the southern border and northern border1 as the case may be1 the deployed capabilities specified in such subsection as necessary to achieve situational awareness and operational control of such borders4 #aaad4 ,u4,s4 ,border ,patrol activities ,the ,chief of the ,u4,s4 ,border ,patrol shall prioritize the deployment of ,u4,s4 ,border ,patrol agents to as close to the physical land border as possible1 consistent with border security enforcement priorities and accessibility to such areas4 #aaae4 ,border security technology program management 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq47 is amended by adding at the end the following new section3 #dce4 ,border security technology program management 7a7 ,major acquisition program defined ,in this section1 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 #cjj1jjj1jjj 7based on fiscal year #bjah constant dollars7 over its life cycle cost4 7b7 ,planning documentation ,for each border security technology acquisition program of the ,department that is determined to be a major acquisition program1 the ,secretary shall-- 7#a7 ensure that each such program has a written acquisition program baseline approved by the relevant acquisition decision authority2 7#b7 document that each such program is meeting cost1 schedule1 and performance thresholds as specified in such baseline1 in compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#c7 have a plan for meeting program implementation objectives by managing contractor performance4 7c7 ,adherence to standards ,the ,secretary1 acting through the ,under ,secretary for ,management and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 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 ,states4 ,the ,commissioner shall provide information1 as needed1 to assist the ,under ,secretary in monitoring management of border security technology acquisition programs under this section4 7d7 ,plan ,the ,secretary1 acting through the ,under ,secretary for ,management1 in coordination with the ,under ,secretary for ,science and ,technology and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall submit to the appropriate congressional committees a plan for testing1 evaluating1 and using independent verification and validation resources for border security technology4 ,under the plan1 new border security technologies shall be evaluated through a series of assessments1 processes1 and audits to ensure-- 7#a7 compliance with relevant departmental acquisition policies and the ,federal ,acquisition ,regulation2 and 7#b7 the effective use of taxpayer dollars4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dcc the following new item3 ,sec4 #dce4 ,border security technology program management4 4 7c7 ,prohibition on additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out section #dce of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 ,such section shall be carried out using amounts otherwise authorized for such purposes4 #aaaf4 ,national ,guard support to secure the southern border 7a7 ,national ,guard support 7#a7 ,authority to request ,the ,secretary may1 pursuant to chapter #ae of title #aj1 ,united ,states ,code1 request that the ,secretary of ,defense support the ,secretary's efforts to secure the southern border of the ,united ,states4 ,the ,secretary of ,defense may authorize the provision of such support under section #ejb7;f7 of title #cb1 ,united ,states ,code4 7#b7 ,approval and order ,with the approval of the ,secretary and the ,secretary of ,defense1 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 #ejb7;f7 of title #cb1 ,united ,states ,code1 for the purpose of securing the southern border of the ,united ,states4 7b7 ,types of support authorized ,the support provided in accordance with subsection 7a7 may include-- 7#a7 construction of reinforced fencing or other physical barriers2 7#b7 operation of ground-based surveillance systems2 7#c7 deployment of manned aircraft1 unmanned aerial surveillance systems1 and ground-based surveillance systems to support continuous surveillance of the southern border2 and 7#d7 intelligence analysis support4 7c7 ,materiel and logistical support ,the ,secretary of ,defense may deploy such materiel1 equipment1 and logistics support as may be necessary to ensure the effectiveness of the assistance provided under subsection 7a74 7d7 ,readiness ,to ensure that the use of units and personnel of the ,national ,guard of a ,state authorized pursuant to this section does not degrade the training and readiness of such units and personnel1 the ,secretary of ,defense shall consider the following requirements when authorizing or approving support under subsection 7a73 7#a7 ,the performance of such support may not affect adversely the quality of such training or readiness or otherwise interfere with the ability of a unit or personnel of the ,national ,guard of a ,state to perform the military functions of such member or unit4 7#b7 ,the performance of such support may not degrade the military skills of the units or personnel of the ,national ,guard of a ,state performing such support4 7e7 ,report on readiness ,upon the request of the ,secretary1 the ,secretary of ,defense shall provide to the ,secretary a report on the readiness of units and personnel of the ,national ,guard that the ,secretary of ,defense determines are capable of providing such support4 7f7 ,reimbursement notification ,prior to providing any support under subsection 7a71 the ,secretary of ,defense shall notify the ,secretary whether the requested support will be reimbursed under section #bgg of title #aj1 ,united ,states ,code4 7g7 ,reimbursement to ,states ,the ,secretary of ,defense may reimburse a ,state for costs incurred in the deployment of any units or personnel of the ,national ,guard pursuant to subsection 7a74 7h7 ,relationship to other laws ,nothing in this section may be construed as affecting the authorities under chapter #i of title #cb1 ,united ,states ,code4 7i7 ,reports 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and biannually thereafter through ,december #ca1 #bjba1 the ,secretary of ,defense shall submit to the appropriate congressional defense committees 7as defined in section #aja7;a77#af7 of title #aj1 ,united ,states ,code7 a report regarding any support provided pursuant to subsection 7a7 for the six month period preceding each such report4 7#b7 ,elements ,each report under paragraph 7#a7 shall include a description of-- 7,a7 the support provided2 and 7,b7 the sources and amounts of funds obligated and expended to provide such support4 #aaag4 ,prohibitions on actions that impede border security on certain ,federal land 7a7 ,prohibition on interference with ,u4,s4 ,customs and ,border ,protection 7#a7 ,in general ,the ,secretary concerned may not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on covered ,federal land to carry out the activities described in subsection 7b74 7#b7 ,applicability ,the authority of ,u4,s4 ,customs and ,border ,protection to conduct activities described in subsection 7b7 on covered ,federal land applies without regard to whether a state of emergency exists4 7b7 ,authorized activities of ,u4,s4 ,customs and ,border ,protection 7#a7 ,in general ,u4,s4 ,customs and ,border ,protection shall have immediate access to covered ,federal land to conduct the activities described in paragraph 7#b7 on such land to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through the southern border or the northern border4 7#b7 ,activities described ,the activities described in this paragraph are-- 7,a7 carrying out section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note71 as amended by section #aaaa of this division2 7,b7 the execution of search and rescue operations2 7,c7 the use of motorized vehicles1 foot patrols1 and horseback to patrol the border area1 apprehend illegal entrants1 and rescue individuals2 and 7,d7 the remediation of tunnels used to facilitate unlawful immigration or other illicit activities4 7c7 ,clarification relating to waiver authority 7#a7 ,in general ,the activities of ,u4,s4 ,customs and ,border ,protection described in subsection 7b77#b7 may be carried out without regard to the provisions of law specified in paragraph 7#b74 7#b7 ,provisions of law specified ,the provisions of law specified in this section are all ,federal1 ,state1 or other laws1 regulations1 and legal requirements of1 deriving from1 or related to the subject of1 the following laws3 7,a7 ,the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7,c7 ,the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 7commonly referred to as the ,clean ,water ,act74 7,d7 ,division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7#ed ,u4,s4,c4 #cjjcja et seq47 7formerly known as the ,national ,historic ,preservation ,act74 7,e7 ,the ,migratory ,bird ,treaty ,act 7#af ,u4,s4,c4 #gjc et seq474 7,f7 ,the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq474 7,g7 ,the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq474 7,h7 ,the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7,i7 ,the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #dija et seq474 7,j7 ,the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7,k7 ,the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 7,l7 ,chapter #cabe of title #ed1 ,united ,states ,code 7formerly known as the ,archaeological and ,historic ,preservation ,act74 7,m7 ,the ,antiquities ,act 7#af ,u4,s4,c4 #dca et seq474 7,n7 ,chapter #cbjc of title #ed1 ,united ,states ,code 7formerly known as the ,historic ,sites1 ,buildings1 and ,antiquities ,act74 7,o7 ,the ,wild and ,scenic ,rivers ,act 7#af ,u4,s4,c4 #abga et seq474 7,p7 ,the ,farmland ,protection ,policy ,act 7#g ,u4,s4,c4 #dbja et seq474 7,q7 ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq474 7,r7 ,the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq474 7,s7 ,the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq474 7,t7 ,the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd et seq474 7,u7 ,the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq474 7,v7 ,the ,fish and ,wildlife ,coordination ,act 7#af ,u4,s4,c4 #ffa et seq474 7,w7 ,subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7,x7 ,the ,otay ,mountain ,wilderness ,act of #aiii 7,public ,law #ajf-ade74 7,y7 ,sections #ajb7bi7 and #ajc of the ,california ,desert ,protection ,act of #aiid 7,public ,law #ajc-dcc74 7,z7 ,division ,a of subtitle ,i of title #ed1 ,united ,states ,code 7formerly known as the ,national ,park ,service ,organic ,act4 7,,aa7 ,the ,national ,park ,service ,general ,authorities ,act 7,public ,law #ia-chc1 #af ,u4,s4,c4 #a;a-#a et seq474 7,,bb7 ,sections #dja7g71 #djc1 and #djd of the ,national ,parks and ,recreation ,act of #aigh 7,public ,law #ie-fbe74 7,,cc7 ,sections #cja7;a7 through 7f7 of the ,arizona ,desert ,wilderness ,act 7,public ,law #aja-fbh74 7,,dd7 ,the ,rivers and ,harbors ,act of #ahii 7#cc ,u4,s4,c4 #djc74 7,,ee7 ,the ,eagle ,protection ,act 7#af ,u4,s4,c4 #ffh et seq474 7,,ff7 ,the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq474 7,,gg7 ,the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif74 7,,hh7 ,the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq474 7,,ii7 ,the ,multiple ,use and ,sustained ,yield ,act of #aifj 7#af ,u4,s4,c4 #ebh et seq474 7#c7 ,applicability of waiver to successor laws ,if a provision of law specified in paragraph 7#b7 was repealed and incorporated into title #ed1 ,united ,states ,code1 after ,april #a1 #bjjh1 and before the date of the enactment of this ,act1 the waiver described in paragraph 7#a7 shall apply to the provision of such title that corresponds to the provision of law specified in paragraph 7#b7 to the same extent the waiver applied to that provision of law4 7#d7 ,savings clause ,the waiver authority under this subsection may not be construed as affecting1 negating1 or diminishing in any manner the applicability of section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the 8,freedom of ,information ,act071 in any relevant matter4 7d7 ,protection of legal uses ,this section may not be construed to provide-- 7#a7 authority to restrict legal uses1 such as grazing1 hunting1 mining1 or recreation or the use of backcountry airstrips1 on land under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture2 or 7#b7 any additional authority to restrict legal access to such land4 7e7 ,effect on ,state and private land ,this section shall-- 7#a7 have no force or effect on ,state lands or private lands2 and 7#b7 not provide authority on or access to ,state lands or private lands4 7f7 ,tribal sovereignty ,nothing in this section may be construed to supersede1 replace1 negate1 or diminish treaties or other agreements between the ,united ,states and ,indian tribes4 7g7 ,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 ,act4 7h7 ,definitions ,in this section3 7#a7 ,covered federal land ,the term covered ,federal land includes all land under the control of the ,secretary concerned that is located within #ajj miles of the southern border or the northern border4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 with respect to land under the jurisdiction of the ,department of ,agriculture1 the ,secretary of ,agriculture2 and 7,b7 with respect to land under the jurisdiction of the ,department of the ,interior1 the ,secretary of the ,interior4 #aaah4 ,landowner and rancher security enhancement 7a7 ,establishment of ,national ,border ,security ,advisory ,committee ,the ,secretary shall establish a ,national ,border ,security ,advisory ,committee1 which-- 7#a7 may advise1 consult with1 report to1 and make recommendations to the ,secretary on matters relating to border security matters1 including-- 7,a7 verifying security claims and the border security metrics established by the ,department of ,homeland ,security under section #ajib of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #f ,u4,s4,c4 #bbc72 and 7,b7 discussing ways to improve the security of high traffic areas along the northern border and the southern border2 and 7#b7 may provide1 through the ,secretary1 recommendations to ,congress4 7b7 ,consideration of views ,the ,secretary shall consider the information1 advice1 and recommendations of the ,national ,border ,security ,advisory ,committee in formulating policy regarding matters affecting border security4 7c7 ,membership ,the ,national ,border ,security ,advisory ,committee shall consist of at least one member from each ,state who-- 7#a7 has at least five years practical experience in border security operations2 or 7#b7 lives and works in the ,united ,states within #hj miles from the southern border or the northern border4 7d7 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,national ,border ,security ,advisory ,committee4 #aaai4 ,eradication of carrizo cane and salt cedar 7a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary1 after coordinating with the heads of the relevant ,federal1 ,state1 and local agencies1 shall begin eradicating the carrizo cane plant and any salt cedar along the ,rio ,grande ,river that impedes border security operations4 7b7 ,extent ,the waiver authority under subsection 7c7 of section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #aajc note71 as amended by section #aaaa of this division1 shall extend to activities carried out pursuant to this section4 #aabj4 ,southern border threat analysis 7a7 ,threat analysis 7#a7 ,requirement ,not later than #ahj days after the date of the enactment of this ,act1 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 analysis4 7#b7 ,contents ,the analysis submitted under paragraph 7#a7 shall include an assessment of-- 7,a7 current and potential terrorism and criminal threats posed by individuals and organized groups seeking-- 7i7 to unlawfully enter the ,united ,states through the ,southern border2 or 7ii7 to exploit security vulnerabilities along the ,southern border2 7,b7 improvements needed at and between ports of entry along the ,southern border to prevent terrorists and instruments of terror from entering the ,united ,states2 7,c7 gaps in law1 policy1 and coordination between ,state1 local1 or tribal law enforcement1 international agreements1 or tribal agreements that hinder effective and efficient border security1 counterterrorism1 and anti-human smuggling and trafficking efforts2 7,d7 the current percentage of situational awareness achieved by the ,department along the ,southern border2 7,e7 the current percentage of operational control achieved by the ,department on the ,southern border2 and 7,f7 traveler crossing times and any potential security vulnerability associated with prolonged wait times4 7#c7 ,analysis requirements ,in compiling the ,southern border threat analysis required under this subsection1 the ,secretary shall consider and examine-- 7,a7 the technology needs and challenges1 including such needs and challenges identified as a result of previous investments that have not fully realized the security and operational benefits that were sought2 7,b7 the personnel needs and challenges1 including such needs and challenges associated with recruitment and hiring2 7,c7 the infrastructure needs and challenges2 7,d7 the roles and authorities of ,state1 local1 and tribal law enforcement in general border security activities2 7,e7 the status of coordination among ,federal1 ,state1 local1 tribal1 and ,mexican law enforcement entities relating to border security2 7,f7 the terrain1 population density1 and climate along the ,southern border2 and 7,g7 the international agreements between the ,united ,states and ,mexico related to border security4 7#d7 ,classified form ,to the extent possible1 the ,secretary shall submit the ,southern border threat analysis required under this subsection in unclassified form1 but may submit a portion of the threat analysis in classified form if the ,secretary determines such action is appropriate4 7b7 ,u4,s4 ,border ,patrol strategic plan 7#a7 ,in general ,not later than #ahj days after the submission of the threat analysis required under subsection 7a7 or ,june #cj1 #bjai1 and every five years thereafter1 the ,secretary1 acting through the ,chief of the ,u4,s4 ,border ,patrol1 shall issue a ,border ,patrol ,strategic ,plan4 7#b7 ,contents ,the ,border ,patrol ,strategic ,plan required under this subsection shall include a consideration of-- 7,a7 the ,southern border threat analysis required under subsection 7a71 with an emphasis on efforts to mitigate threats identified in such threat analysis2 7,b7 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 border2 7,c7 efforts to increase situational awareness1 including-- 7i7 surveillance capabilities1 including capabilities developed or utilized by the ,department of ,defense1 and any appropriate technology determined to be excess by the ,department of ,defense2 and 7ii7 the use of manned aircraft and unmanned aerial systems1 including camera and sensor technology deployed on such assets2 7,d7 efforts to detect and prevent terrorists and instruments of terrorism from entering the ,united ,states2 7,e7 efforts to detect1 interdict1 and disrupt aliens and illicit drugs at the earliest possible point2 7,f7 efforts to focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of the ,united ,states2 7,g7 efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the ,department2 7,h7 any technology required to maintain1 support1 and enhance security and facilitate trade at ports of entry1 including nonintrusive detection equipment1 radiation detection equipment1 biometric technology1 surveillance systems1 and other sensors and technology that the ,secretary determines to be necessary2 7,i7 operational coordination unity of effort initiatives of the border security components of the ,department1 including any relevant task forces of the ,department2 7,j7 lessons learned from ,operation ,jumpstart and ,operation ,phalanx2 7,k7 cooperative agreements and information sharing with ,state1 local1 tribal1 territorial1 and other ,federal law enforcement agencies that have jurisdiction on the ,northern border or the ,southern border2 7,l7 border security information received from consultation with ,state1 local1 tribal1 territorial1 and ,federal law enforcement agencies that have jurisdiction on the ,northern border or the ,southern border1 or in the maritime environment1 and from border community stakeholders 7including through public meetings with such stakeholders71 including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the ,northern border or the ,southern border2 7,m7 staffing requirements for all departmental border security functions2 7,n7 a prioritized list of departmental research and development objectives to enhance the security of the ,southern border2 7,o7 an assessment of training programs1 including training programs for-- 7i7 identifying and detecting fraudulent documents2 7ii7 understanding the scope of enforcement authorities and the use of force policies2 and 7iii7 screening1 identifying1 and addressing vulnerable populations1 such as children and victims of human trafficking2 and 7,p7 an assessment of how border security operations affect border crossing times4 #aaba4 ,amendments to ,u4,s4 ,customs and ,border ,protection 7a7 ,duties ,subsection 7c7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended-- 7#a7 in paragraph 7#ah71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#ai7 as paragraph 7#ba72 and 7#c7 by inserting after paragraph 7#ah7 the following new paragraphs3 7#ai7 administer the ,u4,s4 ,customs and ,border ,protection public private partnerships under subtitle ,g2 7#bj7 administer preclearance operations under the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddca et seq42 enacted as subtitle ,b of title ,,viii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 #ai ,u4,s4,c4 #dcja et seq472 and 4 7b7 ,office of ,field ,operations staffing ,subparagraph 7,a7 of section #daa7;g77#e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;g77#e77 is amended by inserting before the period at the end the following3 compared to the number indicated by the current fiscal year work flow staffing model4 7c7 ,implementation plan ,subparagraph 7,b7 of section #had7;e77#a7 of the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddcc7;e77#a72 enacted as subtitle ,b of title ,,viii of the ,trade ,facilitation and ,trade ,enforcement ,act of #bjae2 #ai ,u4,s4,c4 #dcja et seq47 is amended to read as follows3 7,b7 a port of entry vacancy rate which compares the number of officers identified in subparagraph 7,a7 with the number of officers at the port at which such officer is currently assigned4 4 7d7 ,definition ,subsection 7r7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended-- 7#a7 by striking this section1 the terms and inserting the following3 this section3 7#a7 the terms 2 7#b7 in paragraph 7#a71 as added by subparagraph 7,a71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#b7 the term unmanned aerial systems has the meaning given the term unmanned aircraft system in section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note74 4 #aabb4 ,agent and officer technology use ,in carrying out section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaaa of this division7 and section #aaac of this division1 the ,secretary shall1 to the greatest extent practicable1 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 ,security4 #aabc4 ,integrated ,border ,enforcement ,teams 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by section #aaae of this division1 is further amended by adding at the end the following new section3 #dcf4 ,integrated ,border ,enforcement ,teams 7a7 ,establishment ,the ,secretary shall establish within the ,department a program to be known as the ,integrated ,border ,enforcement ,team program 7referred to in this section as ,,ibet74 7b7 ,purpose ,the ,secretary shall administer the ,,ibet program in a manner that results in a cooperative approach between the ,united ,states and ,canada to-- 7#a7 strengthen security between designated ports of entry2 7#b7 detect1 prevent1 investigate1 and respond to terrorism and violations of law related to border security2 7#c7 facilitate collaboration among components and offices within the ,department and international partners2 7#d7 execute coordinated activities in furtherance of border security and homeland security2 and 7#e7 enhance information-sharing1 including the dissemination of homeland security information among such components and offices4 7c7 ,composition and location of ibets 7#a7 ,composition ,i,b,e,ts shall be led by the ,united ,states ,border ,patrol and may be comprised of personnel from the following3 7,a7 ,other subcomponents of ,u4,s4 ,customs and ,border ,protection4 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement1 led by ,homeland ,security ,investigations4 7,c7 ,the ,coast ,guard1 for the purpose of securing the maritime borders of the ,united ,states4 7,d7 ,other ,department personnel1 as appropriate4 7,e7 ,other ,federal departments and agencies1 as appropriate4 7,f7 ,appropriate ,state law enforcement agencies4 7,g7 ,foreign law enforcement partners4 7,h7 ,local law enforcement agencies from affected border cities and communities4 7,i7 ,appropriate tribal law enforcement agencies4 7#b7 ,location ,the ,secretary is authorized to establish ,i,b,e,ts in regions in which such teams can contribute to ,,ibet missions1 as appropriate4 ,when establishing an ,,ibet1 the ,secretary shall consider the following3 7,a7 ,whether the region in which the ,,ibet would be established is significantly impacted by cross-border threats4 7,b7 ,the availability of ,federal1 ,state1 local1 tribal1 and foreign law enforcement resources to participate in an ,,ibet4 7,c7 ,whether1 in accordance with paragraph 7#c71 other joint cross-border initiatives already take place within the region in which the ,,ibet would be established1 including other ,department cross-border programs such as the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program established under section #gaa of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#df ,u4,s4,c4 #gjaja note7 or the ,border ,enforcement ,security ,task ,force established under section #dcb4 7#c7 ,duplication of efforts ,in determining whether to establish a new ,,ibet or to expand an existing ,,ibet in a given region1 the ,secretary shall ensure that the ,,ibet under consideration does not duplicate the efforts of other existing interagency task forces or centers within such region1 including the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program established under section #gaa of the ,coast ,guard and ,maritime ,transportation ,act of #bjab 7#df ,u4,s4,c4 #gjaja note7 or the ,border ,enforcement ,security ,task ,force established under section #dcb4 7d7 ,operation 7#a7 ,in general ,after determining the regions in which to establish ,i,b,e,ts1 the ,secretary may-- 7,a7 direct the assignment of ,federal personnel to such ,i,b,e,ts2 and 7,b7 take other actions to assist ,federal1 ,state1 local1 and tribal entities to participate in such ,i,b,e,ts1 including providing financial assistance1 as appropriate1 for operational1 administrative1 and technological costs associated with such participation4 7#b7 ,limitation ,coast ,guard personnel assigned under paragraph 7#a7 may be assigned only for the purposes of securing the maritime borders of the ,united ,states1 in accordance with subsection 7c77#a77;,c74 7e7 ,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 ,committee4 7f7 ,memoranda of understanding ,the ,secretary may enter into memoranda of understanding with appropriate representatives of the entities specified in subsection 7c77#a7 necessary to carry out the ,,ibet program4 ,such memoranda with entities specified in subparagraph 7,g7 of such subsection shall be entered into with the concurrence of the ,secretary of ,state4 7g7 ,report ,not later than #ahj days after the date on which an ,,ibet is established and biannually thereafter for the following six years1 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 ,senate1 and in the case of ,coast ,guard personnel used to secure the maritime borders of the ,united ,states1 additionally to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 a report that-- 7#a7 describes the effectiveness of ,i,b,e,ts in fulfilling the purposes specified in subsection 7b72 7#b7 assess the impact of certain challenges on the sustainment of cross-border ,,ibet operations1 including challenges faced by international partners2 7#c7 addresses ways to support joint training for ,,ibet stakeholder agencies and radio interoperability to allow for secure cross-border radio communications2 and 7#d7 assesses how ,i,b,e,ts1 ,border ,enforcement ,security ,task ,forces1 and the ,integrated ,cross-,border ,maritime ,law ,enforcement ,operation ,program can better align operations1 including interdiction and investigation activities4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by adding after the item relating to section #dce the following new item3 ,sec4 #dcf4 ,integrated ,border ,enforcement ,teams4 4 #aabd4 ,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 ,states4 #aabe4 ,pilot program on use of electromagnetic spectrum in support of border security operations 7a7 ,in general ,the ,commissioner1 in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information1 shall conduct a pilot program to test and evaluate the use of electromagnetic spectrum by ,u4,s4 ,customs and ,border ,protection in support of border security operations through-- 7#a7 ongoing management and monitoring of spectrum to identify threats such as unauthorized spectrum use1 and the jamming and hacking of ,united ,states communications assets1 by persons engaged in criminal enterprises2 7#b7 automated spectrum management to enable greater efficiency and speed for ,u4,s4 ,customs and ,border ,protection in addressing emerging challenges in overall spectrum use on the ,united ,states border2 and 7#c7 coordinated use of spectrum resources to better facilitate interoperability and interagency cooperation and interdiction efforts at or near the ,united ,states border4 7b7 ,report to ,congress ,not later than #ahj days after the conclusion of the pilot program conducted under subsection 7a71 the ,commissioner shall submit to the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings and data derived from such program4 #aabf4 ,foreign migration assistance 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by sections #aaae and #aabc of this division1 is further amended by adding at the end the following new section3 #dcg4 ,foreign migration assistance 7a7 ,in general ,the ,secretary1 with the concurrence of the ,secretary of ,state1 may provide to a foreign government financial assistance for foreign country operations to address migration flows that may affect the ,united ,states4 7b7 ,determination ,assistance provided under subsection 7a7 may be provided only if such assistance would enhance the recipient government's capacity to address irregular migration flows that may affect the ,united ,states1 including through related detention or removal operations by the recipient government1 including procedures to screen and provide protection for certain individuals4 7c7 ,reimbursement of expenses ,the ,secretary may1 if appropriate1 seek reimbursement from the receiving foreign government for the provision of financial assistance under this section4 7d7 ,receipts credited as offsetting collections ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 any reimbursement collected pursuant to subsection 7c7 shall-- 7#a7 be credited as offsetting collections to the account that finances the financial assistance under this section for which such reimbursement is received2 and 7#b7 remain available until expended for the purpose of carrying out this section4 7e7 ,effective period ,the authority provided under this section shall remain in effect until ,september #cj1 #bjbc4 7f7 ,development and program execution ,the ,secretary and the ,secretary of ,state shall jointly develop and implement any financial assistance under this section4 7g7 ,rule of construction ,nothing in this section may be construed as affecting1 augmenting1 or diminishing the authority of the ,secretary of ,state4 7h7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #ej1jjj1jjj for fiscal years #bjai through #bjbc to carry out this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dcf the following new item3 ,sec4 #dcg4 ,foreign migration assistance4 4 #aabg4 ,biometric ,identification ,transnational ,migration ,alert ,program 7a7 ,in general ,subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bea et seq47 is amended by adding at the end the following new section3 #ddg4 ,biometric ,identification ,transnational ,migration ,alert ,program 7a7 ,establishment ,there is established in the ,department a program to be known as the ,biometric ,identification ,transnational ,migration ,alert ,program 7referred to in this section as ,,bitmap7 to address and reduce national security1 border security1 and public safety threats before such threats reach the international border of the ,united ,states4 7b7 ,duties ,in carrying out ,,bitmap operations1 the ,secretary1 acting through the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall-- 7#a7 provide1 when necessary1 capabilities1 training1 and equipment1 to the government of a foreign country to collect biometric and biographic identification data from individuals to identify1 prevent1 detect1 and interdict high risk individuals identified as national security1 border security1 or public safety threats who may attempt to enter the ,united ,states utilizing illicit pathways2 7#b7 provide capabilities to the government of a foreign country to compare foreign data against appropriate ,united ,states national security1 border security1 public safety1 immigration1 and counter-terrorism data1 including-- 7,a7 the ,federal ,bureau of ,investigation's ,terrorist ,screening ,database1 or successor database2 7,b7 the ,federal ,bureau of ,investigation's ,next ,generation ,identification database1 or successor database2 7,c7 the ,department of ,defense ,automated ,biometric ,identification ,system 7commonly known as ,,abis71 or successor database2 7,d7 the ,department's ,automated ,biometric ,identification ,system 7commonly known as ,,ident71 or successor database2 and 7,e7 any other database1 notice1 or means that the ,secretary1 in consultation with the heads of other ,federal departments and agencies responsible for such databases1 notices1 or means1 designates2 and 7#c7 ensure biometric and biographic identification data collected pursuant to ,,bitmap are incorporated into appropriate ,united ,states ,government databases1 in compliance with the policies and procedures established by the ,privacy ,officer appointed under section #bbb4 7c7 ,collaboration ,the ,secretary shall ensure that ,,bitmap operations include participation from relevant components of the ,department1 and1 as appropriate1 request participation from other ,federal agencies4 7d7 ,coordination ,the ,secretary shall coordinate with the ,secretary of ,state1 appropriate representatives of foreign governments1 and the heads of other ,federal agencies1 as appropriate1 to carry out paragraph 7#a7 of subsection 7b74 7e7 ,agreements ,before carrying out ,,bitmap operations in a foreign country that1 as of the date of the enactment of this section1 was not a partner country described in this section1 the ,secretary1 with the concurrence of the ,secretary of ,state1 shall enter into an agreement or arrangement with the government of such country that outlines such operations in such country1 including related departmental operations4 ,such country shall be a partner country described in this section pursuant to and for purposes of such agreement or arrangement4 7f7 ,notification to ,congress ,not later than #fj days before an agreement with the government of a foreign country to carry out ,,bitmap operations in such foreign country enters into force1 the ,secretary shall provide the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate with a copy of the agreement to establish such operations1 which shall include-- 7#a7 the identification of the foreign country with which the ,secretary intends to enter into such an agreement2 7#b7 the location at which such operations will be conducted2 and 7#c7 the terms and conditions for ,department personnel operating at such location4 4 7b7 ,report ,not later than #ahj days after the date on which the ,biometric ,identification ,transnational ,migration ,alert ,program 7,,bitmap7 is established under section #ddg of the ,homeland ,security ,act of #bjjb 7as added by subsection 7a7 of this section7 and annually thereafter for the following five years1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report that details the effectiveness of ,,bitmap operations in enhancing national security1 border security1 and public safety4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #ddf the following new item3 ,sec4 #ddg4 ,biometric ,identification ,transnational ,migration ,alert ,program4 4 ,b ,personnel #aaca4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers 7a7 ,border patrol agents ,not later than ,september #cj1 #bjbc1 the ,commissioner shall hire1 train1 and assign sufficient agents to maintain an active duty presence of not fewer than #bf1cgj full-time equivalent agents4 7b7 ,,cbp officers ,in addition to positions authorized before the date of the enactment of this ,act and any existing officer vacancies within ,u4,s4 ,customs and ,border ,protection as of such date1 the ,commissioner shall hire1 train1 and assign to duty1 not later than ,september #cj1 #bjbc-- 7#a7 sufficient ,u4,s4 ,customs and ,border ,protection officers to maintain an active duty presence of not fewer than #bg1gbe full-time equivalent officers2 and 7#b7 #cej full-time support staff distributed among all ,united ,states ports of entry4 7c7 ,air and marine operations ,not later than ,september #cj1 #bjbc1 the ,commissioner shall hire1 train1 and assign sufficient agents for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to maintain not fewer than #a1fge full-time equivalent agents and not fewer than #bfd ,marine and ,air ,interdiction ,agents for southern border air and maritime operations4 7d7 ,u4,s4 ,customs and ,border ,protection ,k-#i units and handlers 7#a7 ,k-#i units ,not later than ,september #cj1 #bjbc1 the ,commissioner shall deploy not fewer than #cjj new ,k-#i units1 with supporting officers of ,u4,s4 ,customs and ,border ,protection and other required staff1 at land ports of entry and checkpoints1 on the southern border and the northern border4 7#b7 ,use of canines ,the ,commissioner shall prioritize the use of canines at the primary inspection lanes at land ports of entry and checkpoints4 7e7 ,u4,s4 ,customs and ,border ,protection horseback units 7#a7 ,increase ,not later than ,september #cj1 #bjbc1 the ,commissioner shall increase the number of horseback units1 with supporting officers of ,u4,s4 ,customs and ,border ,protection and other required staff1 by not fewer than #ajj officers and #ej horses for security patrol along the ,southern border4 7#b7 ,horseback unit support ,the ,commissioner shall construct new stables1 maintain and improve existing stables1 and provide other resources needed to maintain the health and well-being of the horses that serve in the horseback units of ,u4,s4 ,customs and ,border ,protection4 7f7 ,u4,s4 ,customs and ,border ,protection search trauma and rescue teams ,not later than ,september #cj1 #bjbc1 the ,commissioner shall increase by not fewer than #ej the number of officers engaged in search and rescue activities along the southern border4 7g7 ,u4,s4 ,customs and ,border ,protection tunnel detection and technology program ,not later than ,september #cj1 #bjbc1 the ,commissioner shall increase by not fewer than #ej 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 ,states1 drug trafficking1 or human smuggling4 7h7 ,agricultural specialists ,not later than ,september #cj1 #bjbc1 the ,secretary shall hire1 train1 and assign to duty1 in addition to the officers and agents authorized under subsections 7a7 through 7g71 #fca ,u4,s4 ,customs and ,border ,protection agricultural specialists to ports of entry along the southern border and the northern border4 7i7 ,office of ,professional ,responsibility ,not later than ,september #cj1 #bjbc1 the ,commissioner shall hire1 train1 and assign sufficient ,office of ,professional ,responsibility special agents to maintain an active duty presence of not fewer than #eej full-time equivalent special agents4 7j7 ,u4,s4 ,customs and ,border ,protection ,office of ,intelligence ,not later than ,september #cj1 #bjbc1 the ,commissioner shall hire1 train1 and assign sufficient ,office of ,intelligence personnel to maintain not fewer than #gjj full-time equivalent employees4 7k7 ,,gao report ,if the staffing levels required under this section are not achieved by ,september #cj1 #bjbc1 the ,comptroller ,general of the ,united ,states shall conduct a review of the reasons why such levels were not achieved4 #aacb4 ,u4,s4 ,customs and ,border ,protection retention incentives 7a7 ,in general ,chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection temporary employment authorities 7a7 ,definitions ,in this section-- 7#a7 the term ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection described under any of subsections 7a7 through 7h7 of section #aaca of the ,border ,security for ,america ,act of #bjah2 7#b7 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#d7 the term ,secretary means the ,secretary of ,homeland ,security2 and 7#e7 the term appropriate congressional committees means the ,committee on ,oversight and ,government ,reform1 the ,committee on ,homeland ,security1 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 ,senate4 7b7 ,direct hire authority2 recruitment and relocation bonuses2 retention bonuses 7#a7 ,statement of purpose and limitation ,the purpose of this subsection is to allow ,u4,s4 ,customs and ,border ,protection to expeditiously meet the hiring goals and staffing levels required by section #aaca of the ,border ,security for ,america ,act of #bjah4 ,the ,secretary shall not use this authority beyond meeting the requirements of such section4 7#b7 ,direct hire authority ,the ,secretary may appoint1 without regard to any provision of sections #ccji through #ccai1 candidates to positions in the competitive service as ,,cbp employees if the ,secretary has given public notice for the positions4 7#c7 ,recruitment and relocation bonuses ,the ,secretary may pay a recruitment or relocation bonus of up to #ej 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 7including a fractional part of a year7 in the required service period to an individual 7other than an individual described in subsection 7a77#b7 of section #egec7 if-- 7,a7 the ,secretary determines that conditions consistent with the conditions described in paragraphs 7#a7 and 7#b7 of subsection 7b7 of such section #egec are satisfied with respect to the individual 7without regard to the regulations referenced in subsection 7b77#b77;,b7ii77,i7 of such section or to any other provision of that section72 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#d7 ,retention bonuses ,the ,secretary may pay a retention bonus of up to #ej percent of basic pay to an individual ,,cbp employee 7other than an individual described in subsection 7a77#b7 of section #eged7 if-- 7,a7 the ,secretary determines that-- 7i7 a condition consistent with the condition described in subsection 7b77#a7 of such section #eged is satisfied with respect to the ,,cbp employee 7without regard to any other provision of that section72 and 7ii7 in the absence of a retention bonus1 the ,,cbp employee would be likely to leave-- 7,i7 the ,federal service2 or 7,,ii7 for a different position in the ,federal service1 including a position in another agency or component of the ,department of ,homeland ,security2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#e7 ,rules for bonuses 7,a7 ,maximum bonus ,a bonus paid to an employee under-- 7i7 paragraph 7#c7 may not exceed #ajj percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period2 and 7ii7 paragraph 7#d7 may not exceed #ej percent of the annual rate of basic pay of the employee4 7,b7 ,relationship to basic pay ,a bonus paid to an employee under paragraph 7#c7 or 7#d7 shall not be considered part of the basic pay of the employee for any purpose1 including for retirement or in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or section #eeeb4 7,c7 ,period of service for recruitment1 relocation1 and retention bonuses 7i7 ,a bonus paid to an employee under paragraph 7#d7 may not be based on any period of such service which is the basis for a recruitment or relocation bonus under paragraph 7#c74 7ii7 ,a bonus paid to an employee under paragraph 7#c7 or 7#d7 may not be based on any period of service which is the basis for a recruitment or relocation bonus under section #egec or a retention bonus under section #eged4 7c7 ,special rates of pay ,in addition to the circumstances described in subsection 7b7 of section #ecje1 the ,director may establish special rates of pay in accordance with that section to assist the ,secretary in meeting the requirements of section #aaca of the ,border ,security for ,america ,act of #bjah4 ,the ,director shall prioritize the consideration of requests from the ,secretary for such special rates of pay and issue a decision as soon as practicable4 ,the ,secretary shall provide such information to the ,director as the ,director deems necessary to evaluate special rates of pay under this subsection4 7d7 ,,opm oversight 7#a7 ,not later than ,september #cj of each year1 the ,secretary shall provide a report to the ,director on ,u4,s4 ,custom and ,border ,protection's use of authorities provided under subsections 7b7 and 7c74 ,in each report1 the ,secretary shall provide such information as the ,director determines is appropriate to ensure appropriate use of authorities under such subsections4 ,each report shall also include an assessment of-- 7,a7 the impact of the use of authorities under subsections 7b7 and 7c7 on implementation of section #aaca of the ,border ,security for ,america ,act of #bjah2 7,b7 solving hiring and retention challenges at the agency1 including at specific locations2 7,c7 whether hiring and retention challenges still exist at the agency or specific locations2 and 7,d7 whether the ,secretary needs to continue to use authorities provided under this section at the agency or at specific locations4 7#b7 ,consideration ,in compiling a report under paragraph 7#a71 the ,secretary shall consider-- 7,a7 whether any ,,cbp employee accepted an employment incentive under subsection 7b7 and 7c7 and then transferred to a new location or left ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the length of time that each employee identified under subparagraph 7,a7 stayed at the original location before transferring to a new location or leaving ,u4,s4 ,customs and ,border ,protection4 7#c7 ,distribution ,in addition to the ,director1 the ,secretary shall submit each report required under this subsection to the appropriate congressional committees4 7e7 ,,opm action ,if the ,director determines the ,secretary has inappropriately used authorities under subsection 7b7 or a special rate of pay provided under subsection 7c71 the ,director shall notify the ,secretary and the appropriate congressional committees in writing4 ,upon receipt of the notification1 the ,secretary may not make any new appointments or issue any new bonuses under subsection 7b71 nor provide ,,cbp employees with further special rates of pay1 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 use4 7f7 ,improving ,,cbp hiring and retention 7#a7 ,education of ,,cbp hiring officials ,not later than #ahj days after the date of the enactment of this section1 and in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 the ,secretary shall develop and implement a strategy to improve the education regarding hiring and human resources flexibilities 7including hiring and human resources flexibilities for locations in rural or remote areas7 for all employees1 serving in agency headquarters or field offices1 who are involved in the recruitment1 hiring1 assessment1 or selection of candidates for locations in a rural or remote area1 as well as the retention of current employees4 7#b7 ,elements ,elements of the strategy under paragraph 7#a7 shall include the following3 7,a7 ,developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment1 hiring1 assessment1 or selection of candidates1 as well as the retention of current employees4 7,b7 ,regular training sessions for personnel who are critical to filling open positions in rural or remote areas4 7,c7 ,the development of pilot programs or other programs1 as appropriate1 consistent with authorities provided to the ,secretary to address identified hiring challenges1 including in rural or remote areas4 7,d7 ,developing and enhancing strategic recruiting efforts through the relationships with institutions of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 veterans transition and employment centers1 and job placement program in regions that could assist in filling positions in rural or remote areas4 7,e7 ,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 area4 7,f7 ,feedback from individuals who are candidates or new hires at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for new hires and their families4 7,g7 ,feedback from ,,cbp employees1 other than new hires1 who are stationed at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for those ,,cbp employees and their families4 7,h7 ,evaluation of ,department of ,homeland ,security internship programs and the usefulness of those programs in improving hiring by the ,secretary in rural or remote areas4 7#c7 ,evaluation 7,a7 ,in general ,each year1 the ,secretary shall-- 7i7 evaluate the extent to which the strategy developed and implemented under paragraph 7#a7 has improved the hiring and retention ability of the ,secretary2 and 7ii7 make any appropriate updates to the strategy under paragraph 7#a74 7,b7 ,information ,the evaluation conducted under subparagraph 7,a7 shall include-- 7i7 any reduction in the time taken by the ,secretary to fill mission-critical positions1 including in rural or remote areas2 7ii7 a general assessment of the impact of the strategy implemented under paragraph 7#a7 on hiring challenges1 including in rural or remote areas2 and 7iii7 other information the ,secretary determines relevant4 7g7 ,inspector ,general review ,not later than two years after the date of the enactment of this section1 the ,inspector ,general of the ,department of ,homeland ,security shall review the use of hiring and pay flexibilities under subsections 7b7 and 7c7 to determine whether the use of such flexibilities is helping the ,secretary meet hiring and retention needs1 including in rural and remote areas4 7h7 ,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 ,u4,s4 ,customs and ,border ,protection that includes the results of a polygraph examination4 7i7 ,exercise of authority 7#a7 ,sole discretion ,the exercise of authority under subsection 7b7 shall be subject to the sole and exclusive discretion of the ,secretary 7or the ,commissioner1 as applicable under paragraph 7#b7 of this subsection71 notwithstanding chapter #ga and any collective bargaining agreement4 7#b7 ,delegation ,the ,secretary may delegate any authority under this section to the ,commissioner4 7j7 ,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 #bcja4 7k7 ,sunset ,the authorities under subsections 7b7 and 7c7 shall terminate on ,september #cj1 #bjbc4 ,any bonus to be paid pursuant to subsection 7b7 that is approved before such date may continue until such bonus has been paid1 subject to the conditions specified in this section4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection temporary employment authorities4 4 #aacc4 ,anti-,border ,corruption ,reauthorization ,act 7a7 ,short title ,this section may be cited as the ,anti-,border ,corruption ,reauthorization ,act of #bjah4 7b7 ,hiring flexibility ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7#f ,u4,s4,c4 #bba7 is amended by striking subsection 7b7 and inserting the following new subsections3 7b7 ,waiver authority ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may waive the application of subsection 7a77#a7-- 7#a7 to a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency who-- 7,a7 has continuously served as a law enforcement officer for not fewer than three years2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers for arrest or apprehension2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 has1 within the past ten years1 successfully completed a polygraph examination as a condition of employment with such officer's current law enforcement agency2 7#b7 to a current1 full-time ,federal law enforcement officer who-- 7,a7 has continuously served as a law enforcement officer for not fewer than three years2 7,b7 is authorized to make arrests1 conduct investigations1 conduct searches1 make seizures1 carry firearms1 and serve orders1 warrants1 and other processes2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 holds a current ,tier #d background investigation or current ,tier #e background investigation2 and 7#c7 to a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran1 if such individual-- 7,a7 has served in the ,armed ,forces for not fewer than three years2 7,b7 holds1 or has held within the past five years1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance2 7,c7 holds1 or has undergone within the past five years1 a current ,tier #d background investigation or current ,tier #e background investigation2 7,d7 received1 or is eligible to receive1 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 ,justice2 and 7,e7 was not granted any waivers to obtain the clearance referred to subparagraph 7,b74 7c7 ,termination of waiver authority ,the authority to issue a waiver under subsection 7b7 shall terminate on the date that is four years after the date of the enactment of the ,border ,security for ,america ,act of #bjah4 4 7c7 ,supplemental commissioner authority and definitions 7#a7 ,supplemental commissioner authority ,section #d of the ,anti-,border ,corruption ,act of #bjaj is amended to read as follows3 #d4 ,supplemental commissioner authority 7a7 ,non-exemption ,an individual who receives a waiver under section #c7;b7 is not exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position1 as determined by the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7b7 ,background investigations ,any individual who receives a waiver under section #c7;b7 who holds a current ,tier #d background investigation shall be subject to a ,tier #e background investigation4 7c7 ,administration of polygraph examination ,the ,commissioner of ,u4,s4 ,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 #c7;b7 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 employment1 as the case may be4 4 7#b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by paragraph 7#a71 is further amended by adding at the end the following new section3 #e4 ,reporting 7a7 ,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 #c7;b7 is in effect1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to ,congress a report that includes1 with respect to each such reporting period-- 7#a7 the number of waivers requested1 granted1 and denied under section #c7;b72 7#b7 the reasons for any denials of such waiver2 7#c7 the percentage of applicants who were hired after receiving a waiver2 7#d7 the number of instances that a polygraph was administered to an applicant who initially received a waiver and the results of such polygraph2 7#e7 an assessment of the current impact of the polygraph waiver program on filling law enforcement positions at ,u4,s4 ,customs and ,border ,protection2 and 7#f7 additional authorities needed by ,u4,s4 ,customs and ,border ,protection to better utilize the polygraph waiver program for its intended goals4 7b7 ,additional information ,the first report submitted under subsection 7a7 shall include-- 7#a7 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 suitability2 and 7#b7 a recommendation regarding whether a test referred to in paragraph 7#a7 should be adopted by ,u4,s4 ,customs and ,border ,protection when the polygraph examination requirement is waived pursuant to section #c7;b74 4 7#c7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by paragraphs 7#a7 and 7#b71 is further amended by adding at the end the following new section3 #f4 ,definitions ,in this ,act3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer means a law enforcement officer defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,serious military or civil offense ,the term serious military or civil offense means an offense for which-- 7,a7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 and 7,b7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,court-,martial1 as pursuant to ,army ,regulation #fce-bjj chapter #ad-ab4 7#c7 ,tier #d2 ,tier #e ,the terms ,tier #d and ,tier #e with respect to background investigations have the meaning given such terms under the #bjab ,federal ,investigative ,standards4 7#d7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 7d7 ,polygraph examiners ,not later than ,september #cj1 #bjbb1 the ,secretary shall increase to not fewer than #aej the number of trained full-time equivalent polygraph examiners for administering polygraphs under the ,anti-,border ,corruption ,act of #bjaj1 as amended by this subtitle4 #aacd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,subsection 7l7 of section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is amended to read as follows3 7l7 ,training and continuing education 7#a7 ,mandatory training ,the ,commissioner shall ensure that every agent and officer of ,u4,s4 ,customs and ,border ,protection receives a minimum of #ba weeks of training that are directly related to the mission of the ,u4,s4 ,border ,patrol1 ,air and ,marine1 and the ,office of ,field ,operations before the initial assignment of such agents and officers4 7#b7 ,,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 ,u4,s4 ,customs and ,border ,protection under subsection 7a74 7#c7 ,continuing education ,the ,commissioner shall annually require all agents and officers of ,u4,s4 ,customs and ,border ,protection who are required to undergo training under subsection 7a7 to participate in not fewer than eight hours of continuing education annually to maintain and update understanding of ,federal legal rulings1 court decisions1 and ,department policies1 procedures1 and guidelines related to relevant subject matters4 7#d7 ,leadership training ,not later than one year after the date of the enactment of this subsection1 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 roles4 4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 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 7l7 of section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 7c7 ,assessment ,not later than four years after the date of the enactment of this ,act1 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 education1 including continuing education1 required under subsection 7l7 of section #daa of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a7 of this section4 ,c ,grants #aada4 ,operation ,stonegarden 7a7 ,in general ,subtitle ,a of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja et seq47 is amended by adding at the end the following new section3 #bjji4 ,operation ,stonegarden 7a7 ,establishment ,there is established in the ,department a program to be known as ,operation ,stonegarden1 under which the ,secretary1 acting through the ,administrator1 shall make grants to eligible law enforcement agencies1 through the ,state administrative agency1 to enhance border security in accordance with this section4 7b7 ,eligible recipients ,to be eligible to receive a grant under this section1 a law enforcement agency-- 7#a7 shall be located in-- 7,a7 a ,state bordering ,canada or ,mexico2 or 7,b7 a ,state or territory with a maritime border2 and 7#b7 shall be involved in an active1 ongoing1 ,u4,s4 ,customs and ,border ,protection operation coordinated through a ,u4,s4 ,border ,patrol sector office4 7c7 ,permitted uses ,the recipient of a grant under this section may use such grant for-- 7#a7 equipment1 including maintenance and sustainment costs2 7#b7 personnel1 including overtime and backfill1 in support of enhanced border law enforcement activities2 7#c7 any activity permitted for ,operation ,stonegarden under the ,department of ,homeland ,security's ,fiscal ,year #bjah ,homeland ,security ,grant ,program ,notice of ,funding ,opportunity2 and 7#d7 any other appropriate activity1 as determined by the ,administrator1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7d7 ,period of performance ,the ,secretary shall award grants under this section to grant recipients for a period of not less than #cf months4 7e7 ,report ,for each of fiscal years #bjai through #bjbc1 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 recipient4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #aaj1jjj1jjj for each of fiscal years #bjai through #bjbc for grants under this section4 4 7b7 ,conforming amendment ,subsection 7a7 of section #bjjb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc7 is amended to read as follows3 7a7 ,grants authorized ,the ,secretary1 through the ,administrator1 may award grants under sections #bjjc1 #bjjd1 and #bjji to ,state1 local1 and tribal governments1 as appropriate4 4 7c7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #bjjh the following3 ,sec4 #bjji4 ,operation ,stonegarden4 4 ,,ii ,emergency ,port of ,entry ,personnel and ,infrastructure ,funding #baja4 ,ports of entry infrastructure 7a7 ,additional ports of entry 7#a7 ,authority ,the ,administrator of ,general ,services may1 subject to section #ccjg of title #dj1 ,united ,states ,code1 construct new ports of entry along the northern border and southern border at locations determined by the ,secretary4 7#b7 ,consultation 7,a7 ,requirement to consult ,the ,secretary and the ,administrator of ,general ,services shall consult with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,transportation1 and appropriate representatives of ,state and local governments1 and ,indian tribes1 and property owners in the ,united ,states prior to determining a location for any new port of entry constructed pursuant to paragraph 7#a74 7,b7 ,considerations ,the purpose of the consultations required by subparagraph 7,a7 shall be to minimize any negative impacts of constructing a new port of entry on the environment1 culture1 commerce1 and quality of life of the communities and residents located near such new port4 7b7 ,expansion and modernization of high-,priority southern border ports of entry ,not later than ,september #cj1 #bjbc1 the ,administrator of ,general ,services1 subject to section #ccjg of title #dj1 ,united ,states ,code1 and in coordination with the ,secretary1 shall expand or modernize high-priority ports of entry on the southern border1 as determined by the ,secretary1 for the purposes of reducing wait times and enhancing security4 7c7 ,port of entry prioritization ,prior to constructing any new ports of entry pursuant to subsection 7a71 the ,administrator of ,general ,services shall complete the expansion and modernization of ports of entry pursuant to subsection 7b7 to the extent practicable4 7d7 ,notifications 7#a7 ,relating to new ports of entry ,not later than #ae days after determining the location of any new port of entry for construction pursuant to subsection 7a71 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 located1 as well as the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on the ,judiciary of the ,house of ,representatives4 ,such notification shall include information relating to the location of such new port of entry1 a description of the need for such new port of entry and associated anticipated benefits1 a description of the consultations undertaken by the ,secretary and the ,administrator pursuant to paragraph 7#b7 of such subsection1 any actions that will be taken to minimize negative impacts of such new port of entry1 and the anticipated time-line for construction and completion of such new port of entry4 7#b7 ,relating to expansion and modernization of ports of entry ,not later than #ahj days after enactment of this ,act1 the ,secretary and the ,administrator of ,general ,services shall jointly notify the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,finance1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on the ,judiciary of the ,senate1 and the ,committee on ,homeland ,security1 the ,committee on ,ways and ,means1 the ,committee on ,transportation and ,infrastructure1 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 7b7 and the ,secretary's and ,administrator's plan for expanding or modernizing each such port of entry4 7e7 ,savings provision ,nothing in this section may be construed to-- 7#a7 create or negate any right of action for a ,state1 local government1 or other person or entity affected by this section2 7#b7 delay the transfer of the possession of property to the ,united ,states or affect the validity of any property acquisitions by purchase or eminent domain1 or to otherwise affect the eminent domain laws of the ,united ,states or of any ,state2 or 7#c7 create any right or liability for any party4 7f7 ,rule of construction ,nothing in this section may be construed as providing the ,secretary new authority related to the construction1 acquisition1 or renovation of real property4 #bajb4 ,secure communications 7a7 ,in general ,the ,secretary shall ensure that each ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement officer or agent1 if appropriate1 is equipped with a secure radio or other two-way communication device1 supported by system interoperability1 that allows each such officer to communicate-- 7#a7 between ports of entry and inspection stations2 and 7#b7 with other ,federal1 ,state1 tribal1 and local law enforcement entities4 7b7 ,u4,s4 ,border ,patrol agents ,the ,secretary shall ensure that each ,u4,s4 ,border ,patrol agent or officer assigned or required to patrol on foot1 by horseback1 or with a canine unit1 in remote mission critical locations1 and at border checkpoints1 has a multi- or dual-band encrypted portable radio4 7c7 ,,lte capability ,in carrying out subsection 7b71 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 effective4 #bajc4 ,border security deployment program 7a7 ,expansion ,not later than ,september #cj1 #bjbc1 the ,secretary shall fully implement the ,border ,security ,deployment ,program of the ,u4,s4 ,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 border4 7b7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #cc1jjj1jjj for fiscal years #bjai through #bjbc to carry out subsection 7a74 #bajd4 ,pilot and upgrade of license plate readers at ports of entry 7a7 ,upgrade ,not later than two years after the date of the enactment of this ,act1 the ,commissioner shall upgrade all existing license plate readers in need of upgrade1 as determined by the ,commissioner1 on the northern and southern borders on incoming and outgoing vehicle lanes4 7b7 ,pilot program ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner shall conduct a one-month pilot program on the southern border using license plate readers for one to two cargo lanes at the top three high-volume land ports of entry or checkpoints to determine their effectiveness in reducing cross-border wait times for commercial traffic and tractor-trailers4 7c7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall report to the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on the ,judiciary1 and the ,committee on ,finance of the ,senate1 and the ,committee on ,homeland ,security1 and ,committee on the ,judiciary1 and the ,committee on ,ways and ,means of the ,house of ,representatives the results of the pilot program under subsection 7b7 and make recommendations for implementing use of such technology on the southern border4 7d7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #abe1jjj1jjj for fiscal years #bjai through #bjbj to carry out subsection 7a74 #baje4 ,non-intrusive inspection operational demonstration 7a7 ,in general ,not later than six months after the date of the enactment of this ,act1 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 traffic4 ,such demonstration shall be located within the pre-primary traffic flow and should be scalable to span up to #bf contiguous in-bound traffic lanes without re-configuration of existing lanes4 7b7 ,report ,not later than #ij days after the conclusion of the operational demonstration under subsection 7a71 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 following3 7#a7 ,the effects of such demonstration on legitimate travel and trade4 7#b7 ,the effects of such demonstration on wait times1 including processing times1 for non-pedestrian traffic4 7#c7 ,the effectiveness of such demonstration in combating terrorism and smuggling4 #bajf4 ,biometric exit data system 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa et seq47 is amended by inserting after section #dae the following new section3 #daf4 ,biometric entry-exit 7a7 ,establishment ,the ,secretary shall-- 7#a7 not later than #ahj days after the date of the enactment of this section1 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 #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b71 including-- 7,a7 an integrated master schedule and cost estimate1 including requirements and design1 development1 operational1 and maintenance costs of such a system1 that takes into account prior reports on such matters issued by the ,government ,accountability ,office and the ,department2 7,b7 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 ,department2 7,c7 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 ,department2 7,d7 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 ,department2 7,e7 information received after consultation with private sector stakeholders1 including the-- 7i7 trucking industry2 7ii7 airport industry2 7iii7 airline industry2 7iv7 seaport industry2 7v7 travel industry2 and 7vi7 biometric technology industry2 7,f7 a consideration of how trusted traveler programs in existence as of the date of the enactment of this section may be impacted by1 or incorporated into1 such a system2 7,g7 defined metrics of success and milestones2 7,h7 identified risks and mitigation strategies to address such risks2 7,i7 a consideration of how other countries have implemented a biometric exit data system2 and 7,j7 a list of statutory1 regulatory1 or administrative authorities1 if any1 needed to integrate such a system into the operations of the ,transportation ,security ,administration2 and 7#b7 not later than two years after the date of the enactment of this section1 establish a biometric exit data system at the-- 7,a7 #ae ,united ,states airports that support the highest volume of international air travel1 as determined by available ,federal flight data2 7,b7 #aj ,united ,states seaports that support the highest volume of international sea travel1 as determined by available ,federal travel data2 and 7,c7 #ae ,united ,states land ports of entry that support the highest volume of vehicle1 pedestrian1 and cargo crossings1 as determined by available ,federal border crossing data4 7b7 ,implementation 7#a7 ,pilot program at land ports of entry ,not later than six months after the date of the enactment of this section1 the ,secretary1 in collaboration with industry stakeholders1 shall establish a six-month pilot program to test the biometric exit data system referred to in subsection 7a77#b7 on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic1 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 border4 ,such pilot program may include a consideration of more than one biometric mode1 and shall be implemented to determine the following3 7,a7 ,how a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out4 7,b7 ,the infrastructure required to carry out subparagraph 7,a74 7,c7 ,the effects of such pilot program on legitimate travel and trade4 7,d7 ,the effects of such pilot program on wait times1 including processing times1 for such non-pedestrian traffic4 7,e7 ,the effects of such pilot program on combating terrorism4 7,f7 ,the effects of such pilot program on identifying visa holders who violate the terms of their visas4 7#b7 ,at land ports of entry 7,a7 ,in general ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all land ports of entry4 7,b7 ,extension ,the ,secretary may extend for a single two-year period the date specified in subparagraph 7,a7 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 #ae land ports of entry that support the highest volume of passenger vehicles1 as determined by available ,federal data1 do not have the physical infrastructure or characteristics to install the systems necessary to implement a biometric exit data system4 ,such extension shall apply only in the case of non-pedestrian outbound traffic at such land ports of entry4 7#c7 ,at air and sea ports of entry ,not later than five years after the date of the enactment of this section1 the ,secretary shall expand the biometric exit data system referred to in subsection 7a77#b7 to all air and sea ports of entry4 7c7 ,effects on air1 sea1 and land transportation ,the ,secretary1 in consultation with appropriate private sector stakeholders1 shall ensure that the collection of biometric data under this section causes the least possible disruption to the movement of people or cargo in air1 sea1 or land transportation1 while fulfilling the goals of improving counterterrorism efforts and identifying visa holders who violate the terms of their visas4 7d7 ,termination of proceeding ,notwithstanding any other provision of law1 the ,secretary shall1 on the date of the enactment of this section1 terminate the proceeding entitled ,collection of ,alien ,biometric ,data ,upon ,exit ,from the ,united ,states at ,air and ,sea ,ports of ,departure2 ,united ,states ,visitor and ,immigrant ,status ,indicator ,technology ,program 7,,us-,,visit71 issued on ,april #bd1 #bjjh 7#gc ,fed4 ,reg4 #bbjfe74 7e7 ,data-,matching ,the biometric exit data system established under this section shall-- 7#a7 match biometric information for an individual1 regardless of nationality1 citizenship1 or immigration status1 who is departing the ,united ,states against biometric data previously provided to the ,united ,states ,government by such individual for the purposes of international travel2 7#b7 leverage the infrastructure and databases of the current biometric entry and exit system established pursuant to section #gbjh of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#h ,u4,s4,c4 #acfe;b7 for the purpose described in paragraph 7#a72 and 7#c7 be interoperable with1 and allow matching against1 other ,federal databases that-- 7,a7 store biometrics of known or suspected terrorists2 and 7,b7 identify visa holders who violate the terms of their visas4 7f7 ,scope 7#a7 ,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 data4 7#b7 ,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 7as such term is defined in section #baja of title #df1 ,united ,states ,code7 the itinerary of which originates and terminates in the ,united ,states4 7#c7 ,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 entry4 7g7 ,collection of data ,the ,secretary may not require any non-,federal person to collect biometric data1 or contribute to the costs of collecting or administering the biometric exit data system established under this section1 except through a mutual agreement4 7h7 ,multi-,modal collection ,in carrying out subsections 7a77#a7 and 7b71 the ,secretary shall make every effort to collect biometric data using multiple modes of biometrics4 7i7 ,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 activity4 ,for non-federally owned facilities1 such space shall be provided and maintained at no cost to the ,government4 ,for all facilities at land ports of entry1 such space requirements shall be coordinated with the ,administrator of ,general ,services4 7j7 ,northern land border ,in the case of the northern land border1 the requirements under subsections 7a77#b77;,c71 7b77#b77;,a71 and 7b77#d7 may be achieved through the sharing of biometric data provided to the ,department by the ,canadian ,border ,services ,agency pursuant to the #bjaa ,beyond the ,border agreement4 7k7 ,full and open competition ,the ,secretary shall procure goods and services to implement this section via full and open competition in accordance with the ,federal ,acquisition ,regulations4 7l7 ,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 section4 7m7 ,congressional review ,not later than #ij days after the date of the enactment of this section1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 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 ,u4,s4 ,customs and ,border ,protection entry and exit mobility program demonstrations4 7n7 ,savings clause ,nothing in this section shall prohibit the collection of user fees permitted by section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c74 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dae the following new item3 ,sec4 #daf4 ,biometric entry-exit4 4 #bajg4 ,sense of ,congress on cooperation between agencies 7a7 ,finding ,congress finds that personnel constraints exist at land ports of entry with regard to sanitary and phytosanitary inspections for exported goods4 7b7 ,sense of ,congress ,it is the sense of ,congress that1 in the best interest of cross-border trade and the agricultural community-- 7#a7 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 ,states1 whether in the form of a memorandum of understanding or through a certification process1 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 ,agriculture2 and 7#b7 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 commerce4 #bajh4 ,authorization of appropriations ,in addition to any amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #d1bej1jjj1jjj for each of fiscal years #bjai through #bjbc to carry out this title1 of which #bej1jjj1jjj in each such fiscal year is authorized to be made available to implement the biometric exit data system described in section #daf of the ,homeland ,security ,act of #bjjb1 as added by section #bajf of this division4 #baji4 ,definition ,in this title1 the term ,secretary means the ,secretary of ,homeland ,security4 ,,iii ,visa ,security and ,integrity #caja4 ,visa security 7a7 ,visa security units at high risk posts ,paragraph 7#a7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended-- 7#a7 by striking ,the ,secretary and inserting the following3 7,a7 ,authorization ,subject to the minimum number specified in subparagraph 7,b71 the ,secretary 2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,risk-based assignments 7i7 ,in general ,in carrying out subparagraph 7,a71 the ,secretary shall assign employees of the ,department to not fewer than #ge diplomatic and consular posts at which visas are issued4 ,such assignments shall be made-- 7,i7 in a risk-based manner2 7,,ii7 considering the criteria described in clause 7iii72 and 7,,iii7 in accordance with ,national ,security ,decision ,directive #ch of ,june #b1 #aihb1 or any superseding presidential directive concerning staffing at diplomatic and consular posts4 7ii7 ,priority consideration ,in carrying out ,national ,security ,decision ,directive #ch of ,june #b1 #aihb1 the ,secretary of ,state shall ensure priority consideration of any staffing assignment pursuant to this subparagraph4 7iii7 ,criteria described ,the criteria referred to in clause 7i7 are the following3 7,i7 ,the number of nationals of a country in which any of the diplomatic and consular posts referred to in clause 7i7 are located who were identified in ,united ,states ,government databases related to the identities of known or suspected terrorists during the previous year4 7,,ii7 ,information on the cooperation of such country with the counterterrorism efforts of the ,united ,states4 7,,iii7 ,information analyzing the presence1 activity1 or movement of terrorist organizations 7as such term is defined in section #bab7;a77#c77;,b77vi7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77vi777 within or through such country4 7,,iv7 ,the number of formal objections based on derogatory information issued by the ,visa ,security ,advisory ,opinion ,unit pursuant to paragraph 7#aj7 regarding nationals of a country in which any of the diplomatic and consular posts referred to in clause 7i7 are located4 7,v7 ,the adequacy of the border and immigration control of such country4 7,,vi7 ,any other criteria the ,secretary determines appropriate4 4 7b7 ,counterterror vetting and screening ,paragraph 7#b7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb is amended-- 7#a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#b7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 ,screen any such applications against the appropriate criminal1 national security1 and terrorism databases maintained by the ,federal ,government4 4 7c7 ,training and hiring ,subparagraph 7,a7 of section #dbh7;e77#f7 of the ,homeland ,security ,act of #bjjb is amended by-- 7#a7 striking ,the ,secretary shall ensure1 to the extent possible1 that any employees and inserting ,the ,secretary1 acting through the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall provide training to any employees2 and 7#b7 striking shall be provided the necessary training4 7d7 ,pre-,adjudicated visa security assistance and ,visa ,security ,advisory ,opinion ,unit ,subsection 7e7 of section #dbh of the ,homeland ,security ,act of #bjjb is amended by adding at the end the following new paragraphs3 7#i7 ,remote pre-adjudicated visa security assistance ,at the visa-issuing posts at which employees of the ,department are not assigned pursuant to paragraph 7#a71 the ,secretary shall1 in a risk-based manner1 assign employees of the ,department to remotely perform the functions required under paragraph 7#b7 at not fewer than #ej of such posts4 7#aj7 ,visa ,security ,advisory ,opinion ,unit ,the ,secretary shall establish within ,u4,s4 ,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 applicants1 including terrorism association1 criminal history1 counter-proliferation1 and other relevant factors1 as determined by the ,secretary4 4 7e7 ,deadlines ,the requirements established under paragraphs 7#a7 and 7#i7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 as amended and added by this section1 shall be implemented not later than three years after the date of the enactment of this ,act4 7f7 ,funding 7#a7 ,additional visa fee 7,a7 ,in general ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 shall charge a fee in support of visa security1 to be deposited in the ,u4,s4 ,immigration and ,customs ,enforcement account4 ,fees imposed pursuant to this subsection shall be available only to the extent provided in advance by appropriations ,acts4 7,b7 ,amount of fee ,the total amount of the additional fee charged pursuant to this subsection shall be equal to an amount sufficient to cover the annual costs of the visa security program established by the ,secretary of ,homeland ,security under section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e771 as amended by this section4 7#b7 ,use of fees ,amounts deposited in the ,u4,s4 ,immigration and ,customs ,enforcement account pursuant to paragraph 7#a7 are authorized to be appropriated to the ,secretary of ,homeland ,security for the funding of the visa security program referred to in such paragraph4 #cajb4 ,electronic passport screening and biometric matching 7a7 ,in general ,subtitle ,b of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by section #bajf of this division1 is further amended by adding at the end the following new sections3 #dbj4 ,electronic passport screening and biometric matching 7a7 ,in general ,not later than one year after the date of the enactment of this section1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 screen electronic passports at airports of entry by reading each such passport's embedded chip2 and 7#b7 to the greatest extent practicable1 utilize facial recognition technology or other biometric technology1 as determined by the ,commissioner1 to inspect travelers at ,united ,states airports of entry4 7b7 ,applicability 7#a7 ,electronic passport screening ,paragraph 7#a7 of subsection 7a7 shall apply to passports belonging to individuals who are ,united ,states citizens1 individuals who are nationals of a program country pursuant to section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 and individuals who are nationals of any other foreign country that issues electronic passports4 7#b7 ,facial recognition matching ,paragraph 7#b7 of subsection 7a7 shall apply1 at a minimum1 to individuals who are nationals of a program country pursuant to section #bag of the ,immigration and ,nationality ,act4 7c7 ,annual report ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in collaboration with the ,chief ,privacy ,officer of the ,department1 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 #bjbb on the utilization of facial recognition technology and other biometric technology pursuant to subsection 7a77#b74 ,each such report shall include information on the type of technology used at each airport of entry1 the number of individuals who were subject to inspection using either of such technologies at each airport of entry1 and within the group of individuals subject to such inspection at each airport1 the number of those individuals who were ,united ,states citizens and legal permanent residents4 ,each such report shall provide information on the disposition of data collected during the year covered by such report1 together with information on protocols for the management of collected biometric data1 including timeframes and criteria for storing1 erasing1 destroying1 or otherwise removing such data from databases utilized by the ,department4 #dbj;,a4 ,continuous screening by ,u4,s4 ,customs and ,border ,protection ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall1 in a risk based manner1 continuously screen individuals issued any visa1 and individuals who are nationals of a program country pursuant to section #bag of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg71 who are present1 or are expected to arrive within #cj days1 in the ,united ,states1 against the appropriate criminal1 national security1 and terrorism databases maintained by the ,federal ,government4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb is amended by inserting after the item relating to section #dai the following new items3 ,sec4 #dbj4 ,electronic passport screening and biometric matching4 ,sec4 #dbj;,a4 ,continuous screening by ,u4,s4 ,customs and ,border ,protection4 4 #cajc4 ,reporting of visa overstays ,section #b of ,public ,law #aje-agc 7#h ,u4,s4,c4 #acgf7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,b7 by inserting before the period at the end the following3 1 and any additional information that the ,secretary determines necessary for purposes of the report under subsection 7b72 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,annual ,report ,not later than ,september #cj1 #bjai1 and not later than ,september #cj of each year thereafter1 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 providing1 for the preceding fiscal year1 numerical estimates 7including information on the methodology utilized to develop such numerical estimates7 of-- 7#a7 for each country1 the number of aliens from the country who are described in subsection 7a71 including-- 7,a7 the total number of such aliens within all classes of nonimmigrant aliens described in section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae772 and 7,b7 the number of such aliens within each of the classes of nonimmigrant aliens1 as well as the number of such aliens within each of the subclasses of such classes of nonimmigrant aliens1 as applicable2 7#b7 for each country1 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 7a72 7#c7 the number of aliens described in subsection 7a7 who arrived by land at a port of entry into the ,united ,states2 7#d7 the number of aliens described in subsection 7a7 who entered the ,united ,states using a border crossing identification card 7as such term is defined in section #aja7;a77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#f7772 and 7#e7 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 year1 but who remained in the ,united ,states4 4 #cajd4 ,student and exchange visitor information system verification ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall ensure that the information collected under the program established under section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb7 is available to officers of ,u4,s4 ,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 ,states4 #caje4 ,social media review of visa applicants 7a7 ,in general ,subtitle ,c of title ,,iv of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bca et seq471 as amended by sections #aaae1 #aabc1 and #aabf of this division1 is further amended by adding at the end the following new sections3 #dch4 ,social media screening 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary shall1 to the greatest extent practicable1 and in a risk based manner and on an individualized basis1 review the social media accounts of certain visa applicants who are citizens of1 or who reside in1 high-risk countries1 as determined by the ,secretary based on the criteria described in subsection 7b74 7b7 ,high-,risk criteria described ,in determining whether a country is high-risk pursuant to subsection 7a71 the ,secretary1 in consultation with the ,secretary of ,state1 shall consider the following criteria3 7#a7 ,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 year4 7#b7 ,the level of cooperation of the country with the counter-terrorism efforts of the ,united ,states4 7#c7 ,any other criteria the ,secretary determines appropriate4 7c7 ,collaboration ,to carry out the requirements of subsection 7a71 the ,secretary may collaborate with-- 7#a7 the head of a national laboratory within the ,department's laboratory network with relevant expertise2 7#b7 the head of a relevant university-based center within the ,department's centers of excellence network2 and 7#c7 the heads of other appropriate ,federal agencies4 7d7 ,waiver ,the ,secretary1 in collaboration with the ,secretary of ,state1 is authorized to waive the requirements of subsection 7a7 as necessary to comply with international obligations of the ,united ,states4 #dci4 ,open source screening ,the ,secretary shall1 to the greatest extent practicable1 and in a risk based manner1 review open source information of visa applicants4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb1 as amended by this division is further amended by inserting after the item relating to section #dcg the following new items3 ,sec4 #dch4 ,social media screening4 ,sec4 #dci4 ,open source screening4 4 #cajf4 ,cancellation of additional visas 7a7 ,in general ,section #bbb7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;g77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,attorney ,general and inserting ,secretary2 and 7,b7 by inserting and any other nonimmigrant visa issued by the ,united ,states that is in the possession of the alien after such visa2 and 7#b7 in paragraph 7#b77;,a71 by striking 7other than the visa described in paragraph 7#a77 issued in a consular office located in the country of the alien's nationality and inserting 7other than a visa described in paragraph 7#a77 issued in a consular office located in the country of the alien's nationality or foreign residence4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to a visa issued before1 on1 or after such date4 #cajg4 ,visa information sharing 7a7 ,in general ,section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77#b77 is amended-- 7#a7 by striking issuance or refusal and inserting issuance1 refusal1 or revocation2 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 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 and1 when necessary and appropriate1 other records covered by this section related to information in such database--2 7#c7 in paragraph 7#b77;,a7-- 7,a7 by inserting at the beginning on the basis of reciprocity12 7,b7 by inserting 7i7 after for the purpose of2 and 7,c7 by striking illicit weapons2 or and inserting illicit weapons1 or 7ii7 determining a person's deportability or eligibility for a visa1 admission1 or other immigration benefit22 7#d7 in paragraph 7#b77;,b7-- 7,a7 by inserting at the beginning on the basis of reciprocity12 7,b7 by striking in the database and inserting such database2 7,c7 by striking for the purposes and inserting for one of the purposes2 and 7,d7 by striking or to deny visas to persons who would be inadmissible to the ,united ,states4 and inserting 2 or2 and 7#e7 in paragraph 7#b71 by adding at the end the following3 7,c7 with regard to any or all aliens in the database specified data elements from each record1 if the ,secretary of ,state determines that it is in the national interest to provide such information to a foreign government4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect #fj days after the date of the enactment of this ,act4 #cajh4 ,restricting waiver of visa interviews ,section #bbb7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;h77#a77;,b77 is amended-- 7#a7 in paragraph 7#a77;,c71 by inserting 1 in consultation with the ,secretary of ,homeland ,security1 after if the ,secretary2 7#b7 in paragraph 7#a77;,c77i71 by inserting 1 where such national interest shall not include facilitation of travel of foreign nationals to the ,united ,states1 reduction of visa application processing times1 or the allocation of consular resources before the semicolon at the end2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking or at the end of subparagraph 7,e72 7,b7 by striking the period at the end of subparagraph 7,f7 and inserting 2 or2 and 7,c7 by adding at the end the following3 7,g7 is an individual-- 7i7 determined to be in a class of aliens determined by the ,secretary of ,homeland ,security to be threats to national security2 7ii7 identified by the ,secretary of ,homeland ,security as a person of concern2 or 7iii7 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 integrity4 4 #caji4 ,authorizing the ,department of ,state to not interview certain ineligible visa applicants 7a7 ,in general ,section #bbb7;h77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;h77#a77 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 unless4 7b7 ,guidance ,not later than #ij days after the date of the enactment of this ,act1 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 application4 7c7 ,reports ,not less frequently than once each quarter1 the ,secretary of ,state shall submit to the ,congress a report on the denial of visa applications without interview1 including-- 7#a7 the number of such denials2 and 7#b7 a post-by-post breakdown of such denials4 #caaj4 ,petition and application processing for visas and immigration benefits 7a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #baa the following3 #baa;,a4 ,petition and application processing 7a7 ,signature requirement 7#a7 ,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 application4 7#b7 ,applications for immigrant visas ,except as may be otherwise prescribed by regulations1 each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer1 and verified by the oath of the applicant administered by the consular officer4 7b7 ,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 completed4 7c7 ,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 language1 unless such document is accompanied by a full ,english translation1 which the translator has certified as complete and accurate1 and by the translator's certification that he or she is competent to translate from the foreign language into ,english4 7d7 ,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 nonimmigrant1 such petition or application may not be approved unless all of the additional information requested is provided1 or is shown to have been previously provided1 in complete form and is provided on or before any reasonably established deadline included in the request4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #baa the following3 ,sec4 #baa;,a4 ,petition and application processing4 4 7c7 ,application ,the amendments made by this section shall apply with respect to applications and petitions filed after the date of the enactment of this ,act4 #caaa4 ,fraud prevention 7a7 ,prospective analytics technology 7#a7 ,plan for implementation ,not later than #ahj days after the date of the enactment of this ,act1 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 security4 7#b7 ,implementation of plan ,not later than #a year after the date of the submission of the plan under paragraph 7#a71 the ,secretary of ,homeland ,security shall begin implementation of the plan4 7b7 ,benefits fraud assessment 7#a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,fraud ,detection and ,nationality ,security ,directorate1 shall complete a benefit fraud assessment by fiscal year #bjba on each of the following3 7,a7 ,petitions by ,,vawa self-petitioners 7as such term is defined in section #aja7;a77#ea7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ea774 7,b7 ,applications or petitions for visas or status under section #aja7;a77#ae77,k7 of such ,act or under section #bja7;b77#b7 of such ,act1 in the case of spouses 7#h ,u4,s4,c4 #aaja7;a77#ae77,k774 7,c7 ,applications for visas or status under section #aja7;a77#bg77;,j7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j774 7,d7 ,applications for visas or status under section #aja7;a77#ae77,u7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u774 7,e7 ,petitions for visas or status under section #aja7;a77#bg77;,c7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,c774 7,f7 ,applications for asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh74 7,g7 ,applications for adjustment of status under section #bji of such ,act 7#h ,u4,s4,c4 #aaei74 7,h7 ,petitions for visas or status under section #bja7;b7 of such ,act 7#h ,u4,s4,c4 #aaea7;b774 7#b7 ,reporting on findings ,not later than #cj days after the completion of each benefit fraud assessment under paragraph 7#a71 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 assessment4 #caab4 ,visa ineligibility for spouses and children of drug traffickers ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended-- 7#a7 in subparagraph 7,c77ii71 by striking is the spouse1 son1 or daughter and inserting is or has been the spouse1 son1 or daughter2 and 7#b7 in subparagraph 7,h77ii71 by striking is the spouse1 son1 or daughter and inserting is or has been the spouse1 son1 or daughter4 #caac4 ,,dna testing ,section #bbb7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;b77 is amended by inserting ,where considered necessary1 by the consular officer or immigration official1 to establish family relationships1 the immigrant shall provide ,,dna evidence of such a relationship in accordance with procedures established for submitting such evidence4 ,the ,secretary and the ,secretary of ,state may1 in consultation1 issue regulations to require ,,dna evidence to establish family relationship1 from applicants for certain visa classifications4 after and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer44 #caad4 ,access to ,,ncic criminal history database for diplomatic visas ,subsection 7a7 of article ,v of section #bag of the ,national ,crime ,prevention and ,privacy ,compact ,act of #aiih 7#cd ,u4,s4,c4 #djcaf7,v77a77 is amended by inserting 1 except for diplomatic visa applications for which only full biographical information is required before the period at the end4 #caae4 ,elimination of signed photograph requirement for visa applications ,section #bba7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;b77 is amended by striking the first sentence and insert the following3 ,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 regulation44 #caaf4 ,additional fraud detection and prevention ,section #bhf7v77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7v77#b77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by striking at ,united ,states embassies and consulates abroad2 7#b7 by amending clause 7i7 to read as follows3 7i7 to increase the number of diplomatic security personnel assigned exclusively or primarily to the function of preventing and detecting visa fraud2 2 and 7#c7 in clause 7ii71 by striking 1 including primarily fraud by applicants for visas described in subparagraph 7,h77i71 7,h77ii71 or 7,l7 of section #aja7;a77#ae74 ,,iv ,transnational ,criminal ,organization ,illicit ,spotter ,prevention and ,elimination #daja4 ,short title ,this title may be cited as the ,transnational ,criminal ,organization ,illicit ,spotter ,prevention and ,elimination ,act4 #dajb4 ,illicit spotting ,section #aeaj of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,any person who knowingly transmits1 by any means1 to another person the location1 movement1 or activities of any officer or agent of a ,federal1 ,state1 local1 or tribal law enforcement agency with the intent to further a criminal offense under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act71 the ,controlled ,substances ,act1 or the ,controlled ,substances ,import and ,export ,act1 or that relates to agriculture or monetary instruments shall be fined under this title or imprisoned not more than #aj years1 or both4 4 #dajc4 ,unlawfully hindering immigration1 border1 and customs controls 7a7 ,bringing in and harboring of certain aliens ,section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking brings to or attempts to and inserting the following3 brings to or attempts or conspires to2 and 7#b7 by adding at the end the following3 7#e7 ,in the case of a person who has brought aliens into the ,united ,states in violation of this subsection1 the sentence otherwise provided for may be increased by up to #aj years if that person1 at the time of the offense1 used or carried a firearm or who1 in furtherance of any such crime1 possessed a firearm4 4 7b7 ,aiding or assisting certain aliens ,to enter the ,united ,states ,section #bgg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbg7 is amended-- 7#a7 by inserting after knowingly aids or assists the following3 or attempts to aid or assist2 and 7#b7 by adding at the end the following3 ,in the case of a person convicted of an offense under this section1 the sentence otherwise provided for may be increased by up to #aj years if that person1 at the time of the offense1 used or carried a firearm or who1 in furtherance of any such crime1 possessed a firearm44 7c7 ,destruction of ,united ,states border controls ,section #acfa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,if the damage and inserting the following3 7#a7 ,except as otherwise provided in this section1 if the damage 2 and 7#b7 by adding at the end the following3 7#b7 ,if the injury or depredation was made or attempted against any fence1 barrier1 sensor1 camera1 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 construct1 excavate1 or make any structure intended to defeat1 circumvent1 or evade any such fence1 barrier1 sensor camera1 or other physical or electronic device deployed by the ,federal ,government to control the border or a port of entry1 by a fine under this title or imprisonment for not more than #ae years1 or both4 7#c7 ,if the injury or depredation was described under paragraph 7#b7 and1 in the commission of the offense1 the offender used or carried a firearm or1 in furtherance of any such offense1 possessed a firearm1 by a fine under this title or imprisonment for not more than #bj years1 or both4 4 ,v ,border ,security ,funding #eaja4 ,border ,security ,funding 7a7 ,funding ,in addition to amounts otherwise made available by this ,act or any other provision of law1 there is hereby appropriated to the ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction1 and ,improvements account1 out of any amounts in the ,treasury not otherwise appropriated1 #bc1djj1jjj1jjj1 to be available as described in subsections 7b7 and 7c71 of which-- 7#a7 #af1fbe1jjj1jjj shall be for a border wall system along the southern border of the ,united ,states1 including physical barriers and associated detection technology1 roads1 and lighting2 and 7#b7 #f1gge1jjj1jjj shall be for infrastructure1 assets1 operations1 and technology to enhance border security along the southern border of the ,united ,states1 including-- 7,a7 border security technology1 including surveillance technology1 at and between ports of entry2 7,b7 new roads and improvements to existing roads2 7,c7 ,u4,s4 ,border ,patrol facilities and ports of entry2 7,d7 aircraft1 aircraft-based sensors and associated technology1 vessels1 spare parts1 and equipment to maintain such assets2 7,e7 a biometric entry and exit system2 and 7,f7 family residential centers4 7b7 ,availability of border wall system funds 7#a7 ,in general ,of the amount appropriated in subsection 7a77#a7-- 7,a7 #b1bda1jjj1jjj shall become available ,october #a1 #bjah2 7,b7 #a1hjh1jjj1jjj shall become available ,october #a1 #bjai2 7,c7 #a1gae1jjj1jjj shall become available ,october #a1 #bjbj2 7,d7 #b1adj1jjj1jjj shall become available ,october #a1 #bjba2 7,e7 #a1gce1jjj1jjj shall become available ,october #a1 #bjbb2 7,f7 #a1gdf1jjj1jjj shall become available ,october #a1 #bjbc2 7,g7 #a1ggf1jjj1jjj shall become available ,october #a1 #bjbd2 7,h7 #a1gdf1jjj1jjj shall become available ,october #a1 #bjbe2 and 7,i7 #a1gah1jjj1jjj shall become available ,october #a1 #bjbf4 7#b7 ,period of availability ,an amount made available under subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 7,f71 7,g71 7,h71 or 7,i7 of paragraph 7#a7 shall remain available for five years after the date specified in that subparagraph4 7c7 ,availability of border security investment funds 7#a7 ,in general ,of the amount appropriated in subsection 7a77#b7-- 7,a7 #ejj1jjj1jjj shall become available ,october #a1 #bjah2 7,b7 #a1hej1jjj1jjj shall become available ,october #a1 #bjai2 7,c7 #a1iej1jjj1jjj shall become available ,october #a1 #bjbj2 7,d7 #a1ibe1jjj1jjj shall become available ,october #a1 #bjba2 and 7,e7 #eej1jjj1jjj shall become available ,october #a1 #bjbb4 7#b7 ,period of availability ,an amount made available under subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of paragraph 7#a7 shall remain available for five years after the date specified in that subparagraph4 7#c7 ,transfer authority 7,a7 ,in general ,notwithstanding any limitation on transfer authority in any other provision of law and subject to the notification requirement in subparagraph 7,b71 the ,secretary of ,homeland ,security may transfer any amounts made available under paragraph 7#a7 to the ,u4,s4 ,customs and ,border ,protection--,operations and ,support account only to the extent necessary to carry out the purposes described in subsection 7a77#b74 7,b7 ,notification required ,the ,secretary shall notify the ,committees on ,appropriations of the ,senate and the ,house of ,representatives not later than #cj days before each such transfer4 7d7 ,multi-,year spending plan ,the ,secretary of ,homeland ,security shall include in the budget justification materials submitted in support of the ,president's annual budget request for fiscal year #bjbj 7as submitted under section #aaje7;a7 of title #ca1 ,united ,states ,code7 a multi-year spending plan for the amounts made available under subsection 7a74 7e7 ,expenditure plan ,each amount that becomes available in accordance with subsection 7b7 or 7c7 may not be obligated until the date that is #cj days after the date on which the ,committees on ,appropriations of the ,senate and the ,house of ,representatives receive a detailed plan1 prepared by the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 for the expenditure of such amount4 7f7 ,quarterly briefing requirement ,beginning not later than #ahj days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall brief the ,committees on ,appropriations of the ,senate and the ,house of ,representatives regarding activities under and progress made in carrying out this section4 7g7 ,rules of construction ,nothing in this section may be construed to limit the availability of funds made available by any other provision of law for carrying out the requirements of this ,act or the amendments made by this ,act4 ,any reference in this section to an appropriation account shall be construed to include any successor accounts4 7h7 ,discretionary amounts ,notwithstanding any other provision of law1 the amounts appropriated under subsection 7a7 are discretionary appropriations 7as that term is defined in section #bej7;c77#g7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c77#g774 #eajb4 ,limitation on adjustment of status ,if any amount under section #eaja is rescinded or transferred to another account for use beyond the purposes specified in such section-- 7#a7 a contingent nonimmigrant 7as such term is defined in section #aaja of division ,b7 may not be provided with an immigrant visa or adjust status to that of a lawful permanent resident under this ,act1 the ,immigration and ,nationality ,act1 or the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja72 and 7#b7 beginning on ,october #a1 #bjai1 an alien described in paragraph 7#b7 of section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c77#b77 may not be provided with an immigrant visa or adjust status to that of a lawful permanent resident under such section4 #eajc4 ,exclusion from ,,paygo scorecards ,the budgetary effects of this ,act shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj4 ,b ,immigration ,reform ,i ,lawful ,status for ,certain ,childhood ,arrivals #aaja4 ,definitions ,in this division3 7#a7 ,in general ,except as otherwise specifically provided1 the terms used in this division have the meanings given such terms in subsections 7a7 and 7b7 of section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,contingent nonimmigrant ,the term contingent nonimmigrant means an alien who is granted nonimmigrant status under this division4 7#c7 ,educational institution ,the term educational institution means-- 7,a7 an institution that is described in section #ajb7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a77#a77 except an institution described in subparagraph 7,c7 of such section2 7,b7 an elementary1 primary1 or secondary school within the ,united ,states2 or 7,c7 an educational program assisting students either in obtaining a high school equivalency diploma1 certificate1 or its recognized equivalent under ,state law1 or in passing a ,general ,educational ,development exam or other equivalent ,state-authorized exam or other applicable ,state requirements for high school equivalency4 7#d7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,sexual assault ,the term sexual assault means-- 7,a7 conduct constituting a criminal offense of rape1 as described in section #aja7;a77#dc77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77;,a771 or conduct punishable under section #bbda 7relating to aggravated sexual abuse71 section #bbdb 7relating to sexual abuse71 or section #bbdc 7relating to sexual abuse of a minor or ward7 of title #ah1 ,united ,states ,code2 7,b7 conduct constituting a criminal offense of statutory rape1 or any offense of a sexual nature involving a victim under the age of #ah years1 as described in section #aja7;a77#dc77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77;,a772 7,c7 conduct punishable under section #bbea or #bbea;,a 7relating to the sexual exploitation of children and the selling or buying of children71 or section #bbeb or #bbeb;,a 7relating to certain activities relating to material involving the sexual exploitation of minors or relating to material constituting or containing child pornography7 of title #ah1 ,united ,states ,code2 or 7,d7 conduct constituting the elements of any other ,federal or ,state sexual offense requiring a defendant1 if convicted1 to register on a sexual offender registry 7except that this provision shall not apply to convictions solely for urinating or defecating in public74 7#f7 ,victim ,the term victim has the meaning given the term in section #ejc7;e7 of the ,victims' ,rights and ,restitution ,act of #aiij 7#db ,u4,s4,c4 #ajfjg7;e774 #aajb4 ,contingent nonimmigrant status eligibility and application 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may grant contingent nonimmigrant status to an alien who-- 7#a7 meets the eligibility requirements set forth in subsection 7b72 7#b7 submits a completed application before the end of the period set forth in subsection 7c77#b72 and 7#c7 has paid the fees required under subsection 7c77#e74 7b7 ,eligibility requirements 7#a7 ,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 subsection4 7#b7 ,general requirements ,the requirements under this paragraph are that the alien-- 7,a7 is physically present in the ,united ,states on the date on which the alien submits an application for contingent nonimmigrant status2 7,b7 was physically present in the ,united ,states on ,june #ae1 #bjjg2 7,c7 was younger than #af years of age on the date the alien initially entered the ,united ,states2 7,d7 is a person of good moral character2 7,e7 was under #ca years of age on ,june #ae1 #bjab2 7,f7 has maintained continuous physical presence in the ,united ,states from ,june #ae1 #bjab1 until the date on which the alien is granted contingent nonimmigrant status under this section2 7,g7 had no lawful immigration status on ,june #ae1 #bjab2 and 7,h7 has requested the release to the ,department of ,homeland ,security of all records regarding their being adjudicated delinquent in ,state or local juvenile court proceedings1 and the ,department has obtained all such records4 7#c7 ,education requirement 7,a7 ,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-- 7i7 is enrolled in1 and is in regular full-time attendance at1 an educational institution within the ,united ,states2 or 7ii7 has acquired a diploma or degree from a high school in the ,united ,states or the equivalent of such a diploma as recognized under ,state law 7such as a general equivalency diploma1 certificate of completion1 or certificate of attendance74 7,b7 ,evidence ,an alien shall demonstrate compliance with clause 7i7 or 7ii7 of subparagraph 7,a7 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 certificate4 7,c7 ,disability waiver ,subparagraph 7,a7 shall not apply in the case of an alien if the ,secretary determines on a case by case basis that the alien is unable because of a physical or developmental disability or mental impairment to meet the requirement of such subparagraph4 7#d7 ,grounds for ineligibility ,an alien is ineligible for contingent nonimmigrant status if the ,secretary determines that the alien-- 7,a7 has a conviction for-- 7i7 an offense classified as a felony in the convicting jurisdiction2 7ii7 an aggravated felony 7except that in applying such term for purposes of this paragraph1 subparagraph 7,n7 of section #aja7;a77#dc7 does not apply72 7iii7 an offense classified as a misdemeanor in the convicting jurisdiction which involved-- 7,i7 domestic violence 7as such term is defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a7772 7,,ii7 child abuse or neglect 7as such term is defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a7772 7,,iii7 assault resulting in bodily injury 7as such term is defined in section #bbff of title #ah1 ,united ,states ,code72 or 7,,iv7 the violation of a protection order 7as such term is defined in section #bbff of title #ah1 ,united ,states ,code72 7iv7 one or more offenses classified as a misdemeanor in the convicting jurisdiction which involved driving while intoxicated or driving under the influence 7as such terms are defined in section #afd7;a77#b7 of title #bc1 ,united ,states ,code72 7v7 two or more misdemeanors 7excluding minor traffic offenses that did not involve driving while intoxicated or driving under the influence1 or that did not subject any individual other than the alien to bodily injury72 or 7vi7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 or deportable under section #bcg7;a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a772 7,b7 has been adjudicated delinquent in a ,state or local juvenile court proceeding for an offense equivalent to-- 7i7 an offense relating to murder1 manslaughter1 homicide1 rape 7whether the victim was conscious or unconscious71 statutory rape1 or any offense of a sexual nature involving a victim under the age of #ah years1 as described in section #aja7;a77#dc77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77;,a772 7ii7 a crime of violence1 as such term is defined in section #af of title #ah1 ,united ,states ,code2 or 7iii7 an offense punishable under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda72 7,c7 has a conviction for any other criminal offense1 with regard to which the alien has not satisfied any requirement to pay restitution or any civil legal judgements awarded to any victims 7or family members of victims7 of the crime2 7,d7 is described in section #bab7;a77#b77,n7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #ahhb7;a77#b77 7relating to aliens associated with criminal gangs72 7,e7 is inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 except that in determining an alien's inadmissibility1 paragraphs 7#e77;,a71 7#f77;,a71 7#f77;,d71 7#f77;,g71 7#g71 7#i77;,b71 and 7#i77;,c77i77,i7 of such section shall not apply2 7,f7 is deportable under section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a771 except that in determining an alien's deportability-- 7i7 subparagraph 7,a7 of section #bcg7;a77#a7 of such ,act shall not apply with respect to grounds of inadmissibility that do not apply pursuant to subparagraph 7,c7 of such section2 and 7ii7 subparagraphs 7,b7 through 7,d7 of section #bcg7;a77#a7 and section #bcg7;a77#c77;,a7 of such ,act shall not apply2 7,g7 was1 on the date of the enactment of this ,act-- 7i7 an alien lawfully admitted for permanent residence2 7ii7 an alien admitted as a refugee under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg71 or granted asylum under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg and #aaeh72 or 7iii7 an alien who1 according to the records of the ,secretary or the ,secretary of ,state1 is lawfully present in the ,united ,states in any nonimmigrant status1 notwithstanding any unauthorized employment or other violation of nonimmigrant status2 7,h7 has failed to comply with the requirements of any removal order or voluntary departure agreement2 7,i7 has been ordered removed in absentia pursuant to section #bdj7;b77#e77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#e77;,a771 unless the case has been reopened2 7,j7 if over the age of #ah1 has failed to demonstrate that he or she is able to maintain himself or herself at an annual income that is not less than #abe percent of the ,federal poverty level throughout the period of admission as a contingent nonimmigrant1 unless the alien has demonstrated that the alien is enrolled in1 and is in regular full-time attendance at1 an educational institution within the ,united ,states1 except that the requirement under this subparagraph shall not apply in the case of an alien if the ,secretary determines on a case by case basis that the alien-- 7i7 is unable because of a physical or developmental disability or mental impairment to meet the requirement of such subparagraph2 or 7ii7 is the primary caregiver of-- 7,i7 a child under #ah years of age2 or 7,,ii7 a child #ah years of age or over1 spouse1 parent1 grandparent1 or sibling1 who is incapable of self-care because of a mental or physical disability or who has a serious injury or illness 7as such term is defined in section #aja7ah7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7ah7772 7,k7 has not attested that such alien is not delinquent with respect to any ,federal1 ,state1 or local income or property tax liability1 and has not attested that such alien does not have income that would result in tax liability under section #a of the ,internal ,revenue ,code of #aihf and that was not reported to the ,internal ,revenue ,service2 or 7,l7 has at any time been convicted of sexual assault4 7#e7 ,treatment of certain breaks in presence ,for purposes of paragraph 7#b71 any period of travel outside the ,united ,states by an alien that was authorized by the ,secretary may not be considered to interrupt any period of continuous physical presence4 7c7 ,application procedures 7#a7 ,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 7#b71 in accordance with the interim final rule made by the ,secretary under section #aajg4 7#b7 ,application period ,the ,secretary may only accept applications for contingent nonimmigrant status from aliens in the ,united ,states during the #a-year period beginning on the date on which the interim final rule is published in the ,federal ,register pursuant to section #aajg1 except that the ,secretary may extend such period for not more than one #ij-;day period4 7#c7 ,application form 7,a7 ,required information ,the application form referred to in paragraph 7#a7 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 7b74 ,the ,secretary shall by rule require applicants to provide substantiating information necessary to evaluate the attestation of the alien relevant to the grounds of ineligibility under subsection 7b77#d77,k71 including1 as applicable1 tax returns and return information available to the applicant under section #fajc7;e7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7;e771 evidence of tax refunds1 and receipts of taxes paid4 7,b7 ,interview ,the ,secretary may conduct an in-person interview of each applicant for contingent nonimmigrant status under this section as part of the determination as to whether the alien meets the eligibility requirements set forth in subsection 7b74 7#d7 ,documentary requirements ,an application filed by an alien under this section shall include the following3 7,a7 ,one or more of the following documents demonstrating the alien's identity3 7i7 ,a passport 7or national identity document7 from the alien's country of origin4 7ii7 ,a certified birth certificate along with photo identification4 7iii7 ,a ,state-issued identification card bearing the alien's name and photograph4 7iv7 ,an ,armed ,forces identification card issued by the ,department of ,defense4 7v7 ,a ,coast ,guard identification card issued by the ,department of ,homeland ,security4 7vi7 ,a document issued by the ,department of ,homeland ,security4 7vii7 ,a travel document issued by the ,department of ,state4 7,b7 ,a certified copy of the alien's birth certificate or certified school transcript demonstrating that the alien satisfies the requirement of subsection 7b77#b77;,c7 and 7,e74 7,c7 ,a certified school transcript demonstrating that the alien satisfies the requirements of subsection 7b77#c74 7#e7 ,fees 7,a7 ,standard processing fee 7i7 ,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 ,secretary4 7ii7 ,recovery of costs ,the processing fee authorized under clause 7i7 shall be set at a level that is1 at a minimum1 sufficient to recover the full costs of processing the application1 including any costs incurred-- 7,i7 to adjudicate the application2 7,,ii7 to take and process biometrics2 7,,iii7 to perform national security and criminal checks2 7,,iv7 to prevent and investigate fraud2 and 7,v7 to administer the collection of such fee4 7iii7 ,deposit and use of processing fees ,fees collected under clause 7i7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m774 7,b7 ,border security fee 7i7 ,in general ,aliens applying for contingent nonimmigrant status under this section shall pay a one-time border security fee to the ,department of ,homeland ,security in an amount of #a1jjj1 which may be paid in installments4 7ii7 ,use of border security fees ,fees collected under clause 7i7 shall be available1 to the extent provided in advance in appropriation ,acts1 to the ,secretary of ,homeland ,security for the purposes of carrying out division ,a1 and the amendments made by that division4 7#f7 ,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 7#b7 appears prima facie eligible for contingent nonimmigrant status1 to the satisfaction of the ,secretary1 the ,secretary-- 7,a7 shall provide the alien with a reasonable opportunity to file an application under this section during such application period2 and 7,b7 may not remove the individual until the ,secretary has denied the application1 unless the ,secretary1 in the ,secretary's sole and unreviewable discretion1 determines that expeditious removal of the alien is in the national security1 public safety1 or foreign policy interests of the ,united ,states1 or the ,secretary will be required for constitutional reasons or court order to release the alien from detention4 7#g7 ,suspension of removal during application period 7,a7 ,aliens in removal proceedings ,notwithstanding any other provision of this division1 if the ,secretary determines that an alien1 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 7c77#b71 is in removal1 deportation1 or exclusion proceedings before the ,executive ,office for ,immigration ,review and is prima facie eligible for contingent nonimmigrant status under this section-- 7i7 the ,secretary shall provide the alien with the opportunity to file an application for such status2 and 7ii7 upon motion by the alien and with the consent of the ,secretary1 the ,executive ,office for ,immigration ,review shall-- 7,i7 provide the alien a reasonable opportunity to apply for such status2 and 7,,ii7 if the alien applies within the time frame provided1 suspend such proceedings until the ,secretary has made a determination on the application4 7,b7 ,aliens ordered removed ,if an alien who meets the eligibility requirements set forth in subsection 7b7 is present in the ,united ,states and has been ordered excluded1 deported1 or removed1 or ordered to depart voluntarily from the ,united ,states pursuant to section #bab7;a77#f77;,a77i7 or #bcg7;a77#a77;,b7 or 7,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,a77i71 #abbg7;a77#a77;,b7 or 7,c771 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 #bci or #bdj;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi1 #abbi;c74 7,c7 ,period pending adjudication of application ,during the period beginning on the date on which an alien applies for contingent nonimmigrant status under subsection 7c7 and ending on the date on which the ,secretary makes a determination regarding such application1 an otherwise removable alien may not be removed from the ,united ,states unless-- 7i7 the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for contingent nonimmigrant status under subsection 7b72 or 7ii7 the ,secretary1 in the ,secretary's sole and unreviewable discretion1 determines that removal of the alien is in the national security1 public safety1 or foreign policy interest of the ,united ,states4 7#h7 ,security and law enforcement clearances 7,a7 ,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 ,secretary4 7,b7 ,alternative procedures ,the ,secretary may provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph 7,a7 due to a physical impairment4 7,c7 ,clearances 7i7 ,data collection ,the ,secretary shall collect1 from each alien applying for status under this section1 biometric1 biographic1 and other data that the ,secretary determines to be appropriate-- 7,i7 to conduct national security and law enforcement checks2 and 7,,ii7 to determine whether there are any factors that would render an alien ineligible for such status4 7ii7 ,additional security screening ,the ,secretary1 in consultation with the ,secretary of ,state and the heads of other agencies as appropriate1 shall conduct an additional security screening upon determining1 in the ,secretary's opinion based upon information related to national security1 that an alien is or was a citizen or resident of a region or country known to pose a threat1 or that contains groups or organizations that pose a threat1 to the national security of the ,united ,states4 7iii7 ,prerequisite ,the required clearances and screenings described in clauses 7i77,i7 and 7ii7 shall be completed before the alien may be granted contingent nonimmigrant status4 7#i7 ,confidentiality of information ,no information provided in a nonfraudulent application for contingent nonimmigrant status which is related to the immigration status of the parent of an applicant for such status1 which is not otherwise available to the ,secretary of ,homeland ,security1 may be used for the purpose of initiating or proceeding with removal proceedings with respect to such a parent4 7d7 ,work authorization renewals ,beginning on the date of the enactment of this ,act and ending on the date on which an alien's application for contingent nonimmigrant status has been finally adjudicated1 the ,secretary shall1 upon the application of an alien-- 7#a7 renew the employment authorization for an alien who possesses an ,employment ,authorization ,document that was valid on the date of the enactment of this ,act1 and that was issued pursuant to the ,june #ae1 #bjab1 ,u4,s4 ,department of ,homeland ,security ,memorandum entitled1 ,exercising ,prosecutorial ,discretion ,with ,respect to ,individuals ,who ,came to the ,united ,states as ,children who demonstrates economic necessity2 and 7#b7 grant employment authorization to an alien who appears prima facie eligible for contingent nonimmigrant status1 who attains the age of #ae after the date of the enactment of this ,act1 and who demonstrates economic necessity4 #aajc4 ,terms and conditions of conditional nonimmigrant status 7a7 ,duration of status and extension ,the initial period of contingent nonimmigrant status-- 7#a7 shall be #f years unless revoked pursuant to subsection 7d72 and 7#b7 may be extended for additional #f-year terms if-- 7,a7 the alien remains eligible for contingent nonimmigrant status under paragraphs 7#a71 7#b71 and 7#d7 of section #aajb7;b7 7other than with regard to the requirement under paragraph 7#d77;,j7 of such subsection72 7,b7 the alien again passes background checks equivalent to the background checks described in section #aajb7;c77#i72 and 7,c7 such status was not revoked by the ,secretary for any reason4 7b7 ,terms and conditions of contingent nonimmigrant status 7#a7 ,work authorization ,the ,secretary shall grant employment authorization to an alien granted contingent nonimmigrant status who demonstrates economic necessity4 7#b7 ,travel outside the ,united ,states 7,a7 ,in general ,the status of a contingent nonimmigrant who is absent from the ,united ,states without authorization shall be subject to revocation under subsection 7d74 7,b7 ,authorization ,the ,secretary may authorize a contingent nonimmigrant to travel outside the ,united ,states and shall grant the contingent nonimmigrant reentry provided that the contingent nonimmigrant-- 7i7 was not absent from the ,united ,states for a continuous period in excess of #ahj days during each #f-year period that the alien is in contingent nonimmigrant status1 unless the contingent nonimmigrant's failure to return was due to extenuating circumstances beyond the individual's control or as part of the alien's active duty service in the ,armed ,forces of the ,united ,states2 and 7ii7 is otherwise admissible to the ,united ,states1 except as provided in section #aajb7;b77#d77;,e74 7,c7 ,study abroad ,for purposes of subparagraph 7,b77i71 in the case of a contingent nonimmigrant who was absent from the ,united ,states for participation in a study abroad program offered by an institution of higher education 7as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja771 #fj of such days shall not be counted towards the period described in such subparagraph4 7#c7 ,ineligibility for coverage through health exchanges ,in applying section #acab7;f77#c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjcb7;f77#c771 a contingent nonimmigrant shall not be treated as an individual who is1 or is reasonably expected to be1 a citizen or national of the ,united ,states or an alien lawfully present in the ,united ,states4 7#d7 ,federal1 ,state1 and local public benefits ,for purposes of title ,,iv of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afja et seq471 a contingent nonimmigrant shall not be considered a qualified alien under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#e7 ,authorization for enlistment ,section #ejd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subparagraph3 7,d7 ,a contingent nonimmigrant 7as such term is defined in section #aaja of division ,b of the ,border ,security and ,immigration ,reform ,act of #bjah74 4 7c7 ,revocation 7#a7 ,in general ,the ,secretary shall revoke the status of a contingent nonimmigrant at any time if the alien-- 7,a7 no longer meets the eligibility requirements set forth in section #aajb7;b77#b77;,d71 7#c71 7#d77;,a7 through 7,d71 7#d77;,e7 through 7,i71 and 7#d77,n72 7,b7 knowingly uses documentation issued under this section for an unlawful or fraudulent purpose2 or 7,c7 was absent from the ,united ,states at any time without authorization after being granted contingent nonimmigrant status4 7#b7 ,additional evidence ,in determining whether to revoke an alien's status under paragraph 7#a71 the ,secretary may require the alien-- 7,a7 to submit additional evidence2 or 7,b7 to appear for an in-person interview4 7#c7 ,invalidation of documentation ,if an alien's contingent nonimmigrant status is revoked under paragraph 7#a71 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 ,states4 #aajd4 ,adjustment of status ,beginning on the date that is #e years after an alien becomes a contingent nonimmigrant1 if that alien retains status as a contingent nonimmigrant1 then in applying section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;a77 to the alien-- 7#a7 such alien shall be deemed to have been inspected and admitted into the ,united ,states2 and 7#b7 in determining the alien's admissibility as an immigrant1 paragraphs 7#e77;,a71 7#f77;,a71 7#f77;,d71 7#f77;,g71 7#g71 7#i77;,b71 and 7#i77;,c77i77,i7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 shall not apply4 #aaje4 ,administrative and judicial review 7a7 ,exclusive administrative review ,administrative review of a determination of an application for status1 extension of status1 or revocation of status under this division shall be conducted solely in accordance with this section4 7b7 ,administrative appellate review 7#a7 ,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 status1 extension of status1 or revocation of status under this division4 7#b7 ,single appeal for each administrative decision 7,a7 ,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 #a appeal1 pursuant to this subsection1 of each decision to deny or revoke such status4 7,b7 ,notice of appeal ,a notice of appeal filed under this subparagraph shall be filed not later than #cj calendar days after the date of service of the decision of denial or revocation4 7#c7 ,record for review ,administrative appellate review under this subsection shall be de novo and based only on-- 7,a7 the administrative record established at the time of the determination on the application2 and 7,b7 any additional newly discovered or previously unavailable evidence4 7c7 ,judicial review 7#a7 ,applicable provisions ,judicial review of an administratively final denial or revocation of1 or failure to extend1 an application for status under this division shall be governed only by chapter #aeh of title #bh1 except as provided in paragraphs 7#b7 and 7#c7 of this subsection1 and except that a court may not order the taking of additional evidence under section #bcdg7;c7 of such chapter4 7#b7 ,single appeal for each administrative decision ,an alien in the ,united ,states whose application for status under this division has been denied1 revoked1 or failed to be extended1 may file not more than #a appeal1 pursuant to this subsection1 of each decision to deny or revoke such status4 7#c7 ,limitation on civil actions 7,a7 ,class actions ,no court may certify a class under ,rule #bc 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 division4 7,b7 ,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 division1 the court shall-- 7i7 limit the relief to the minimum necessary to correct the violation of law2 7ii7 adopt the least intrusive means to correct the violation of law2 7iii7 minimize1 to the greatest extent practicable1 the adverse impact on national security1 border security1 immigration administration and enforcement1 and public safety2 7iv7 provide for the expiration of the relief on a specific date1 which allows for the minimum practical time needed to remedy the violation2 and 7v7 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 7whether in the same or another jurisdiction74 #aajf4 ,penalties and signature requirements 7a7 ,penalties for false statements in applications ,whoever files an initial or renewal application for contingent nonimmigrant status under this division and knowingly and willfully falsifies1 misrepresents1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry1 shall be fined in accordance with title #ah1 ,united ,states ,code1 or imprisoned not more than #e years1 or both4 7b7 ,signature requirements ,an applicant under this division shall sign their application1 and the signature shall be an original signature1 including an electronically submitted signature4 ,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 sign4 ,in such a case1 the filing shall include evidence of parentage or legal guardianship4 #aajg4 ,rulemaking ,not later than ,june #a1 #bjai1 the ,secretary shall make interim final rules to implement this title4 #aajh4 ,statutory construction ,except as specifically provided1 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 person4 #aaji4 ,addition of definition ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ed7 ,the term contingent nonimmigrant has the meaning given that term in section #aaja7;b77#b7 of division ,b of the ,border ,security and ,immigration ,reform ,act of #bjah4 4 ,,ii ,immigrant ,visa ,allocations and ,priorities #baja4 ,elimination of diversity visa program 7a7 ,in general ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended by striking subsection 7c74 7b7 ,technical and conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bja-- 7,a7 in subsection 7a71 by striking paragraph 7#c72 7,b7 by striking subsection 7e72 7#b7 in section #bjc-- 7,a7 in subsection 7b77#b77;,b77ii77,,iv71 by striking section #bjc7;b77#b77;,b7 each place such term appears and inserting clause 7i72 7,b7 in subsection 7d71 by striking subsection 7a71 7b71 or 7c7 and inserting subsection 7a7 or 7b72 7,c7 in subsection 7e71 by striking paragraph 7#b72 7,d7 in subsection 7f71 by striking subsection 7a71 7b71 or 7c7 of this section and inserting subsection 7a7 or 7b72 7,e7 in subsection 7g71 by striking subsections 7a71 7b71 and 7c7 and inserting subsections 7a7 and 7b72 and 7,f7 in subsection 7h77#b77;,b71 by striking subsection 7a71 7b71 or 7c7 and inserting subsection 7a7 or 7b72 and 7#c7 in section #bjd7;a77#a71 by striking subparagraph 7,i74 7c7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjai4 #bajb4 ,numerical limitation to any single foreign state 7a7 ,in general ,section #bjb7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#b77 is amended-- 7#a7 in the paragraph heading1 by striking and employment-based2 7#b7 by striking 7#c71 7#d71 and 7#e71 and inserting 7#c7 and 7#d712 7#c7 by striking subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#d7 by striking #g and inserting #ae2 and 7#e7 by striking such subsections and inserting such section4 7b7 ,conforming amendments ,section #bjb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7#a7 in subsection 7a77#c71 by striking both subsections 7a7 and 7b7 of section #bjc and inserting section #bjc7;a72 7#b7 in subsection 7a77#d71 by striking subparagraph 7,d72 7#c7 by striking subsection 7a77#e72 and 7#d7 by amending subsection 7e7 to read as follows3 7e7 ,special rules for countries at ceiling ,if it is determined that the total number of immigrant visas made available under section #bjc7;a7 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection 7a77#b7 in any fiscal year1 in determining the allotment of immigrant visa numbers to natives under section #bjc7;a71 visa numbers with respect to natives of that state or area shall be allocated 7to the extent practicable and otherwise consistent with this section and section #bjc7 in a manner so that1 except as provided in subsection 7a77#d71 the proportion of the visa numbers made available under each of paragraphs 7#a7 and 7#b7 of section #bjc7;a7 is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section #bjc7;a74 4 7c7 ,country-specific offset ,section #b of the ,chinese ,student ,protection ,act of #aiib 7#h ,u4,s4,c4 #abee note7 is amended-- 7#a7 in subsection 7a71 by striking subsection 7e77 and inserting subsection 7d772 and 7#b7 by striking subsection 7d7 and redesignating subsection 7e7 as subsection 7d74 7d7 ,transition rules for employment-based immigrants 7#a7 ,in general ,subject to the succeeding paragraphs of this subsection and notwithstanding title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq471 the following rules shall apply3 7,a7 ,for fiscal year #bjai1 #ae percent of the immigrant visas made available under each of paragraphs 7#b7 and 7#c7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year #bjah under such paragraphs4 7,b7 ,for fiscal year #bjbj1 #aj percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year #bjai under such paragraphs4 7,c7 ,for fiscal year #bjba1 #aj percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year #bjbj under such paragraphs4 7#b7 ,per-country levels 7,a7 ,reserved visas ,with respect to the visas reserved under each of subparagraphs 7,a7 through 7,c7 of paragraph 7#a71 the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed #be percent 7in the case of a single foreign state7 or #b percent 7in the case of a dependent area7 of the total number of such visas4 7,b7 ,unreserved visas ,with respect to the immigrant visas made available under each of paragraphs 7#b7 and 7#c7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 and not reserved under paragraph 7#a71 for each of fiscal years #bjai1 #bjbj1 and #bjba1 not more than #he percent shall be allotted to immigrants who are natives of any single foreign state4 7#c7 ,special rule to prevent unused visas ,if1 with respect to fiscal year #bjai1 #bjbj1 or #bjba1 the operation of paragraphs 7#a7 and 7#b7 of this subsection would prevent the total number of immigrant visas made available under paragraph 7#b7 or 7#c7 of section #bjc7;b7 of such ,act 7#h ,u4,s4,c4 #aaec7;b77 from being issued1 such visas may be issued during the remainder of such fiscal year without regard to paragraphs 7#a7 and 7#b7 of this subsection4 7#d7 ,rules for chargeability ,section #bjb7;b7 of such ,act 7#h ,u4,s4,c4 #aaeb7;b77 shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection4 7e7 ,effective date ,the amendments made by this section shall take effect as if enacted on ,september #cj1 #bjah1 and shall apply to fiscal years beginning with fiscal year #bjai4 #bajc4 ,family-sponsored immigration priorities 7a7 ,in general ,section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#d7 and inserting paragraph 7#b72 and 7#b7 by striking paragraphs 7#c7 and 7#d74 7b7 ,conforming amendments 7#a7 ,procedure for granting immigrant status ,section #bjd of such ,act 7#h ,u4,s4,c4 #aaed7 is amended-- 7,a7 in subsection 7a77#a7-- 7i7 in subparagraph 7,a77i71 by striking paragraph 7#a71 7#c71 or 7#d7 and inserting paragraph 7#a72 7ii7 in subparagraph 7,b77i71 by redesignating the second subclause 7,i7 as subclause 7,,ii72 and 7iii7 in subparagraph 7,d77i77,i71 by striking paragraph 7#a71 7#b71 or 7#c7 and inserting paragraph 7#a7 or 7#b72 and 7,b7 in subsection 7f77#a71 by striking 1 #bjc7;a77#a71 or #bjc7;a77#c7 and inserting or #bjc7;a77#a74 7#b7 ,waivers of inadmissibility ,section #bab of such ,act 7#h ,u4,s4,c4 #aahb7 is amended in subsection 7d77#aa71 by striking 7other than paragraph 7#d7 thereof74 7#c7 ,rules for determining whether certain aliens are immediate relatives ,section #bja7;f7 of such ,act 7#h ,u4,s4,c4 #aaea7;f77 is amended-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7,c7 in paragraph 7#c71 as redesignated1 by striking 7#a7 through 7#c7 and inserting 7#a7 and 7#b74 7c7 ,effective date2 applicability 7#a7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjai4 7#b7 ,invalidity of certain petitions and applications 7,a7 ,in general ,no person may file1 and the ,secretary of ,homeland ,security and the ,secretary of ,state may not accept1 adjudicate1 or approve any petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 filed on or after the date of enactment of this ,act seeking classification of an alien under section #bjc7;a77#c7 or 7#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;a774 ,any application for adjustment of status or an immigrant visa based on such a petition shall be invalid4 7,b7 ,pending petitions ,neither the ,secretary of ,homeland ,security nor the ,secretary of ,state may adjudicate or approve any petition under section #bjd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7 pending as of the date of enactment of this ,act seeking classification of an alien under section #bjc7;a77#c7 or 7#d7 of such ,act 7#h ,u4,s4,c4 #aaec7;a774 ,any application for adjustment of status or an immigrant visa based on such a petition shall be invalid4 7#c7 ,applicability to waitlisted applicants ,an alien with regard to whom a petition or application for status under paragraph 7#c7 or 7#d7 of section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a771 was approved prior to the date of the enactment of this ,act1 may be issued a visa pursuant to that paragraph subject to the availability of visas allocated to that category for fiscal year #bjai4 #bajd4 ,allocation of immigrant visas for contingent nonimmigrants and children of certain nonimmigrants 7a7 ,in general ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec71 as amended by this title1 is further amended-- 7#a7 by inserting after subsection 7b7 the following3 7c7 ,adjustment for contingent nonimmigrants and children of certain nonimmigrants 7#a7 ,in general ,aliens subject to the worldwide level specified in section #bja7;e7 for immigrants who shall be allotted visas in accordance with section #bjd7;a77#a77;,i7 are-- 7,a7 contingent nonimmigrants2 and 7,b7 aliens described in paragraph 7#b74 7#b7 ,aliens described ,an alien described in this paragraph is an alien who-- 7,a7 is the son or daughter of an alien admitted under-- 7i7 section #aja7;a77#ae77;,e77i7 or 7,e77ii72 7ii7 section #aja7;a77#ae77;,h77i77b72 or 7iii7 section #aja7;a77#ae77,l72 7,b7 initially entered the ,united ,states aged less than #af years as a dependent of the parent described in subparagraph 7,a7 while the parent was in such status2 7,c7 maintained-- 7i7 lawful status for the #aj-year period prior to the date of the enactment of the ,border ,security and ,immigration ,reform ,act of #bjah2 and 7ii7 continuous physical presence in the ,united ,states 7except in accordance with the terms of the alien's visa or lawful status7 for the period described in clause 7i72 and 7,d7 was not in an unlawful immigration status on the date on which the alien submits a petition for an immigrant visa under section #bjd7;a77#a77;,i74 7#c7 ,point system ,an alien seeking to be classified as an immigrant under this subsection shall submit a petition1 in such form and manner as the ,secretary of ,homeland ,security may require1 setting forth such information as the ,secretary may require in order to make awards of points for that petitioner in each of the following categories3 7,a7 ,education ,a petitioner shall be awarded points for a single degree1 equal to the highest point award of the following for which the petitioner is eligible3 7i7 #d points for a diploma or degree from a foreign school that is comparable to a high school in the ,united ,states4 7ii7 #f points for a diploma or degree from a high school in the ,united ,states1 or the equivalent of such a diploma as recognized under ,state law 7such as a general equivalency diploma1 certificate of completion1 or certificate of attendance74 7iii7 #h points for an associate's degree 7or the equivalent7 from a foreign institution that is comparable to an institution of higher education in the ,united ,states4 7iv7 #aj points for an associate's degree from an institution of higher education in the ,united ,states4 7v7 #ab points for a bachelor's degree 7or the equivalent7 from a foreign institution that is comparable to an institution of higher education in the ,united ,states4 7vi7 #ae points for a degree from for a recognized postsecondary credential 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb71 including a certificate of completion of an apprenticeship 7including an apprenticeships registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq4771 except that such term does not include an associate's or bachelor's degree74 7vii7 #ae points for a bachelor's degree from an institution of higher education in the ,united ,states4 7viii7 #ae points for a graduate or professional degree 7or the equivalent7 from a foreign institution that is comparable to an institution of higher education in the ,united ,states4 7ix7 #ag points for a degree described in clause 7v71 which is in a field of science1 technology1 engineering1 or mathematics4 7x7 #ag points for a graduate or professional degree from an institution of higher education in the ,united ,states4 7xi7 #bb points for a degree described in clause 7vii71 which is in a field of science1 technology1 engineering1 or mathematics4 7xii7 #bd points for a degree described in clause 7viii7 or 7x71 which is in a field of science1 technology1 engineering1 or mathematics4 7xiii7 #bf points for a doctoral degree 7or the equivalent7 from a foreign institution that is comparable to an institution of higher education in the ,united ,states4 7xiv7 #bh points for a doctoral degree from an institution of higher education in the ,united ,states4 7xv7 #cj points for a degree described in clause 7x71 which is in a field of science1 technology1 engineering1 or mathematics from a covered institution4 7xvi7 #cj points for a doctorate of medicine 7or the equivalent7 from a foreign graduate medical school that is comparable to a graduate medical school at an institution of higher education in the ,united ,states4 7xvii7 #cd points for a degree described in clause 7xiii7 or 7xiv71 which is in a field of science1 technology1 engineering1 or mathematics4 7xviii7 #cd points for a doctorate of medicine from graduate medical school at an institution of higher education in the ,united ,states4 7xix7 #dj points for a degree described in clause 7xiv71 which is in a field of science1 technology1 engineering1 or mathematics from a covered institution4 7,b7 ,employment ,a petitioner shall be awarded points for each #b-year period in which the petitioner is employed on a full-time basis1 equal to #a_/c of the points awarded under subparagraph 7,a7 for the lowest degree that is required for any position held during such period4 ,in the case of a position for which no degree is required1 the position shall be considered to require a diploma or degree described in subparagraph 7,a77ii74 ,a single period of not more than #b weeks during which a petitioner is unemployed1 but is in receipt of a job offer1 shall not be considered to interrupt a period of employment4 7,c7 ,military service ,a petitioner shall be awarded points for service in the ,armed ,forces equal to #cj points for any alien who served as a member of a regular or reserve component of the ,armed ,forces in an active duty status for not less than #c years1 and1 if discharged1 received a discharge other than dishonorable4 7,d7 ,english language proficiency ,a petitioner shall be awarded points for ,english proficiency equal to the highest of the following for which the petitioner is eligible3 7i7 #b points for a score in the #eth decile on an ,english language proficiency test4 7ii7 #f points for a score in the #fth decile on an ,english language proficiency test4 7iii7 #g points for a score in the #gth decile on an ,english language proficiency test4 7iv7 #h points for a score in the #hth decile on an ,english language proficiency test4 7v7 #i points for a score in the #ith decile on an ,english language proficiency test4 7vi7 #aj points for a score in the #ajth decile on an ,english language proficiency test4 7#d7 ,total point score2 ,subsequent submissions2 verification 7,a7 ,total point score ,the total point score for a petitioner is equal to sum of the points awarded under each of subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of paragraph 7#c74 7,b7 ,subsequent submissions ,the alien may amend the petition under this subsection at any point after the initial filing to provide information for purposes of new point awards for which the alien may be eligible4 7,c7 ,duration of petition validity ,a petition under this subsection shall be valid-- 7i7 in the case of a petition that is denied1 the date of such denial2 or 7ii7 in the case of a petition that is granted1 the date on which a visa has been issued pursuant to such petition4 7,d7 ,verification ,prior to the issuance of any visa under this subsection1 the ,secretary shall verify that the information in the petition remains accurate as of the time of the visa issuance4 7,e7 ,clarification ,a petition may not be denied for the failure of a petitioner to attain the minimum number of points required under subsection 7e77#b74 7#e7 ,definitions 7,a7 ,english language proficiency test ,the term ,english language proficiency test means any test to measure ,english proficiency that has been approved by the ,director of ,u4,s4 ,citizenship and ,immigration ,services1 in consultation with the ,secretary of ,education4 7,b7 ,field of science1 technology1 engineering1 or mathematics ,the term field of science1 technology1 engineering1 or mathematics means a field included in the ,department of ,education's ,classification of ,instructional ,programs taxonomy within the summary groups of computer and information sciences and support services1 engineering1 biological and biomedical sciences1 mathematics and statistics1 physical sciences1 and the series geography and cartography 7series #de4jg71 advanced_/graduate dentistry and oral sciences 7series #ea4je7 and nursing 7series #ea4ch74 7,c7 ,high school ,the term high school has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7,d7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb7;a77#a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a77#a771 except that such term does not include an institution outside the ,united ,states described in subparagraph 7,c7 of such section4 7,e7 ,covered institution ,the term covered institution means an institution that-- 7i7 is an institution of higher education2 7ii7 as classified by the ,carnegie ,foundation for the ,advancement of ,teaching on ,january #a1 #bjai1 as a doctorate-granting university with a very high or high level of research activity or classified by the ,national ,science ,foundation after the date of enactment of this paragraph1 pursuant to an application by the institution1 as having equivalent research activity to those institutions that had been classified by the ,carnegie ,foundation as being doctorate-granting universities with a very high or high level of research activity2 and 7iii7 has been in existence for at least #aj years4 7,f7 ,full-time ,the term full-time means-- 7i7 in the case of an individual who is not described in clause 7ii71 not less than #ce hours per week2 or 7ii7 in the case of an individual who is enrolled in and is in regular attendance at a high school or institution of education within the ,united ,states1 or who is the primary caregiver of-- 7,i7 a child under #ah years of age2 or 7,,ii7 a child #ah years of age or over1 spouse1 parent1 grandparent1 or sibling1 who is incapable of self-care because of a mental or physical disability or who has a serious injury or illness 7as such term is defined in section #aja7ah7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7ah7771 not less than #bj hours per week4 2 and 7#b7 in subsection 7e71 by inserting after paragraph 7#a71 the following3 7#b7 ,immigrant visas made available under subsection 7c7 shall be issued in accordance with the following3 7,a7 ,the ,secretary of ,homeland ,security shall1 periodically but not less than once each fiscal year1 make final determinations with regard to that period of the point values allocated to applicants in accordance with subsection 7c77#c7 through 7#e74 7,b7 ,the ,secretary shall first determine the applicant who is described under subsection 7c77#b7 who is the son or daughter of an alien admitted under section #aja7;a77#ae77;,e77i7 or 7ii7 and who has the highest total point score greater than #ab calculated for that period under subsection 7c77#d77;,a7 of all such applicants1 and shall issue a visa to such applicant4 7,c7 ,the ,secretary shall next determine the applicant who is described under subsection 7c77#b7 who is the son or daughter of an alien admitted under section #aja7;a77#ae77;,h77i77b7 and who has the highest total point score greater than #ab calculated for that period under subsection 7c77#d77;,a7 of all such applicants1 and shall issue a visa to such applicant4 7,d7 ,the ,secretary shall next determine the applicant who is described under subsection 7c77#b7 who is the son or daughter of an alien admitted under section #aja7;a77#ae77,l7 and who has the highest total point score greater than #ab calculated for that period under subsection 7c77#d77;,a7 of all such applicants1 and shall issue a visa to such applicant4 7,e7 ,the ,secretary shall next determine the applicant who is described under subsection 7c77#b7 who is a contingent nonimmigrant and who has the highest total point score greater than #ab calculated for that period under subsection 7c77#d77;,a7 of all such applicants1 and shall issue a visa to such applicant4 7,f7 ,the ,secretary shall then repeat the process specified in subparagraphs 7,b7 through 7,e7 until all visas made available for that period have been issued4 ,if no applicants remain for any such category1 the ,secretary shall exclude that category from further consideration for that period4 7,g7 ,in any case in which more than one petitioner in a category under this paragraph has the same total point score1 the ,secretary shall issue the visa to the applicant whose petition was filed earliest4 7,h7 ,no petitioner with a total point score which is less than #ab may be issued a visa under this paragraph4 4 7b7 ,worldwide level ,section #bja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea71 as amended by this title1 is further amended-- 7#a7 in subsection 7a71 by inserting after paragraph 7#b7 the following3 7#c7 for fiscal years beginning with fiscal year #bjbe1 immigrants who are aliens described in section #bjc7;c7 in a number not to exceed in any fiscal year the number specified in subsection 7e7 for that year1 and not to exceed in any of the first #c quarters of any fiscal year #bg percent of the worldwide level under such subsection for all of such fiscal year4 4 7#b7 by inserting after subsection 7d7 the following3 7e7 ,worldwide ,level for contingent nonimmigrants and certain children of nonimmigrants 7#a7 ,in general ,the worldwide level of immigrants who may receive a visa under section #bjc7;c7 is equal to-- 7,a7 #dgj1djj for fiscal year #bjbe2 and 7,b7 for each fiscal year thereafter1 any visas under this subsection for the prior fiscal year that are unused1 plus the lesser of-- 7i7 #gh1djj2 and 7ii7 the number calculated under paragraph 7#c7 for the fiscal year4 7#b7 ,calculation of total eligible pool ,the number calculated under this paragraph is equal to-- 7,a7 the number of applications received by the ,secretary under section #aajb7;c7 of division ,b of the ,border ,security and ,immigration ,reform ,act of #bjah during the application period set forth in such section1 plus 7,b7 the number of petitions filed by an alien described in section #bjc7;c77#b7 during the period set forth in section #bjd7;a77#a77;,i77ii77,,ii74 7#c7 ,number of visas remaining to be place in escrow ,the number calculated under this paragraph for a fiscal year is equal to the number calculated under paragraph 7#b71 less the total number of visas issued under section #bjc7;c7 during the period beginning on ,october #a1 #bjbd and ending on the last day of the prior fiscal year4 4 7c7 ,procedure for granting immigrant status ,section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a771 as amended by this title1 is further amended by inserting after subparagraph 7,h7 the following3 7,i7 7i7 ,a contingent nonimmigrant or an alien described in section #bjc7;c77#b7 desiring to be provided an immigrant visa under section #bjc7;c7 7including such an alien who is under #ah years of age7 may file a petition during the period described in clause 7ii7 at the place determined by the ,secretary of ,homeland ,security by regulation4 7ii7 7,i7 ,a contingent nonimmigrant may file a petition for an immigrant visa under section #bjc7;c7 during the period beginning on the date on which the alien obtained contingent nonimmigrant status under section #aajc7;a7 of the ,border ,security and ,immigration ,reform ,act of #bjah1 and ending on the date that is #e years after such date4 7,,ii7 ,an alien described in section #bjc7;c77#b7 may file a petition for an immigrant visa under section #bjc7;c7 during the period beginning on ,october #a1 #bjai1 and ending on ,october #a1 #bjbj4 ,such an alien may file such a petition from outside the ,united ,states4 4 7d7 ,effective date ,this section and the amendments made by this section shall take effect on ,october #a1 #bjai4 #baje4 ,sunset of adjustment visas for conditional nonimmigrants and children of certain nonimmigrants 7a7 ,sunset 7#a7 ,in general ,section #bjc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7 is amended by striking subsection 7c74 7#b7 ,technical and conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7,a7 in section #bja-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#a71 by adding and at the end2 and 7,,ii7 by striking paragraph 7#c72 and 7ii7 by striking subsection 7e72 7,b7 in section #bjc7;e71 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 and 7,c7 in section #bjd-- 7i7 in subsection 7a77#a71 by striking subparagraph 7,i72 and 7ii7 in subsection 7e71 by striking subsection 7a71 7b71 or 7c7 of section #bjc and inserting subsection 7a7 or 7b7 of section #bjc4 7#c7 ,effective date ,this subsection and the amendments made by this subsection shall take effect on the first day of the first full fiscal year beginning after ,september #cj1 #bjbe and after the date on which no alien has a petition for an immigrant visa or adjustment of status under section #bjc7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;c771 or any appeal pertaining to such petition1 pending4 7#d7 ,escrow for pending applications 7,a7 ,in general ,on the date of the effective date of this subsection1 a number of immigrant visas equal to any visas under section #bjc7;c77#b7 for the prior fiscal year that are unused shall be made available for award to covered aliens in accordance with section #bjc7;c7 of the ,immigration and ,nationality ,act1 as in effect on the date that is #a day prior to the effective date of this subsection4 7,b7 ,covered alien ,for purposes of this paragraph1 the term covered alien means an alien who-- 7i7 on the date on which the application period under section #bjd7;a77#a77;,i7 of the ,immigration and ,nationality ,act1 as in effect on the day prior to the effective date of this subsection1 ended had an application pending for contingent nonimmigrant status2 and 7ii7 was granted contingent nonimmigrant status on or after the effective date of this subsection4 7b7 ,reallocation of #dth priority family visas to employment categories 7#a7 ,worldwide level of employment-based immigrants ,section #bja7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;d77 is amended to read as follows3 7d7 ,worldwide level of employment-based immigrants ,the worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to #bje1jjj 7except that for fiscal year #bjbj1 such level is equal to #bjd1ajj74 4 7#b7 ,preference allocation for employment-based immigrants ,section #bjc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;b77 is amended-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking #bh4f percent of such worldwide level and inserting #fj1jdj 7except that for fiscal year #bjbj1 such number is equal to #ei1gdj72 7,b7 in paragraph 7#b77;,a71 by striking #bh4f percent of such worldwide level and inserting #fj1jdj 7except that for fiscal year #bjbj1 such number is equal to #ei1gdj72 7,c7 in paragraph 7#c77;,a71 by striking #bh4f percent of such worldwide level and inserting #fj1jdj 7except that for fiscal year #bjbj1 such number is equal to #ei1gdj72 7,d7 in paragraph 7#d71 by striking #g4a percent of such worldwide level and inserting #ad1idj2 and 7,e7 in paragraph 7#e77;,a71 by striking #g4a percent of such worldwide level and inserting #i1idj4 7#c7 ,effective date ,this subsection and the amendments made by this subsection shall take effect beginning on ,october #a1 #bjai4 #bajf4 ,implementation ,not later than ,september #cj1 #bjai1 the ,secretary of ,homeland ,security shall publish interim final rules implementing this title and the amendments made by this title4 #bajg4 ,repeal of suspension of deportation and adjustment of status for certain aliens 7a7 ,repeal of temporary reduction of visas ,section #bjc of the ,nicaraguan ,adjustment and ,central ,american ,relief ,act is amended-- 7#a7 by striking subsection 7d7 7#h ,u4,s4,c4 #aaea note72 and 7#b7 by striking subsection 7e7 7#h ,u4,s4,c4 #aaec note74 7b7 ,repeal of certain transition rule ,section #cji of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,public ,law #ajd-bjh2 division ,c2 #h ,u4,s4,c4 #aaja note7 is amended-- 7#a7 in subsection 7c77#e71 by striking subparagraph 7,c72 7#b7 by striking subsection 7f72 7#c7 by striking subsection 7g72 and 7#d7 by striking subsection 7h74 7c7 ,repeal of exception for certain aliens from annual limitation on cancellation of removals ,paragraph 7#c7 of section #bdj;,a7e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7e77 is amended to read as follows3 7#c7 ,exception for certain aliens ,paragraph 7#a7 shall not apply to aliens in deportation proceedings prior to ,april #a1 #aiig1 who applied for suspension of deportation under section #bdd7;a77#c7 7as in effect before the date of the enactment of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif74 4 7d7 ,transition rule ,the amendments made by this section shall take effect on ,october #a1 #bjai4 ,,iii ,unaccompanied ,alien ,children2 ,interior ,immigration ,enforcement #caja4 ,repatriation of unaccompanied alien children 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by amending the heading to read as follows3 ,rules for unaccompanied alien children4--2 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states2 7,,ii7 in clause 7i71 by inserting and at the end2 7,,iii7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,,iv7 by striking clause 7iii72 7iii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking 7#h ,u4,s4,c4 #aaja et seq47 may-- and inserting 7#h ,u4,s4,c4 #aaja et seq47--2 7,,ii7 in clause 7i71 by inserting before permit such child to withdraw the following3 may2 and 7,,iii7 in clause 7ii71 by inserting before return such child the following3 shall2 and 7iv7 in subparagraph 7,c7-- 7,i7 by amending the heading to read as follows3 ,agreements with foreign countries4--2 and 7,,ii7 in the matter preceding clause 7i71 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 appropriate2 7,b7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively1 and inserting after paragraph 7#b7 the following3 7#c7 ,special rules for interviewing unaccompanied alien children ,an unaccompanied alien child shall be interviewed by a dedicated ,u4,s4 ,citizenship and ,immigration ,services immigration officer with specialized training in interviewing child trafficking victims4 ,such officer shall be in plain clothes and shall not carry a weapon4 ,the interview shall occur in a private room4 2 and 7,c7 in paragraph 7#f77;,d7 7as so redesignated7-- 7i7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to exceptions under subsection 7a77#b71 and inserting who does not meet the criteria listed in paragraph 7#b77;,a72 and 7ii7 in clause 7i71 by inserting before the semicolon at the end the following3 1 which shall include a hearing before an immigration judge not later than #ad days after being screened under paragraph 7#d72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting before the semicolon the following3 believed not to meet the criteria listed in subsection 7a77#b77;,a72 and 7ii7 in subparagraph 7,b71 by inserting before the period the following3 and does not meet the criteria listed in subsection 7a77#b77;,a72 and 7,b7 in paragraph 7#c71 by striking an unaccompanied alien child in custody shall and all that follows1 and inserting the following3 an unaccompanied alien child in custody-- 7,a7 in the case of a child who does not meet the criteria listed in subsection 7a77#b77;,a71 shall transfer the custody of such child to the ,secretary of ,health and ,human ,services not later than #cj days after determining that such child is an unaccompanied alien child who does not meet such criteria2 or 7,b7 in the case of child who meets the criteria listed in subsection 7a77#b77;,a71 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 criteria4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting at the end the following3 7,d7 ,information about individuals with whom children are placed 7i7 ,information to be provided to ,homeland ,security ,before placing a child with an individual1 the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security1 regarding the individual with whom the child will be placed1 the following information3 7,i7 ,the name of the individual4 7,,ii7 ,the social security number of the individual1 if available4 7,,iii7 ,the date of birth of the individual4 7,,iv7 ,the location of the individual's residence where the child will be placed4 7,v7 ,the immigration status of the individual1 if known4 7,,vi7 ,contact information for the individual4 7ii7 ,special rule ,in the case of a child who was apprehended on or after the effective date of this clause1 and before the date of the enactment of this subparagraph1 who the ,secretary of ,health and ,human ,services placed with an individual1 the ,secretary shall provide the information listed in clause 7i7 to the ,secretary of ,homeland ,security not later than #ij days after such date of enactment4 2 and 7,b7 in paragraph 7#e7-- 7i7 by inserting after to the greatest extent practicable the following3 7at no expense to the ,government72 and 7ii7 by striking have counsel to represent them and inserting have access to counsel to represent them4 7b7 ,effective date ,the amendments made by this section shall apply to any unaccompanied alien child apprehended on or after the date of enactment4 #cajb4 ,clarification of standards for family detention 7a7 ,in general ,section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7 is amended by adding at the end the following3 7j7 ,construction 7#a7 ,in general ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 the detention of any alien child who is not an unaccompanied alien child shall be governed by sections #bag1 #bce1 #bcf1 and #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg1 #abbe1 #abbf1 and #abca74 ,there exists no presumption that an alien child who is not an unaccompanied alien child should not be detained1 and all such determinations shall be in the discretion of the ,secretary of ,homeland ,security4 7#b7 ,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 guardian4 7#c7 ,family detention ,the ,secretary of ,homeland ,security shall-- 7,a7 maintain the care and custody of an alien1 during the period during which the charges described in clause 7i7 are pending1 who-- 7i7 is charged only with a misdemeanor offense under section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a772 and 7ii7 entered the ,united ,states with the alien's child who has not attained #ah years of age2 and 7,b7 detain the alien with the alien's child4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to all actions that occur before1 on1 or after the date of the enactment of this ,act4 7c7 ,preemption of ,state licensing requirements ,notwithstanding any other provision of law1 judicial determination1 consent decree1 or settlement agreement1 no ,state may require that an immigration detention facility used to detain children who have not attained #ah years of age1 or families consisting of one or more of such children and the parents or legal guardians of such children1 that is located in that ,state1 be licensed by the ,state or any political subdivision thereof4 #cajc4 ,detention of dangerous aliens ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears1 except for the first reference in paragraph 7#d77;,b77i71 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,beginning of period ,the removal period begins on the latest of the following3 7i7 ,the date the order of removal becomes administratively final4 7ii7 ,if the alien is not in the custody of the ,secretary on the date the order of removal becomes administratively final1 the date the alien is taken into such custody4 7iii7 ,if the alien is detained or confined 7except under an immigration process7 on the date the order of removal becomes administratively final1 the date the alien is taken into the custody of the ,secretary1 after the alien is released from such detention or confinement4 2 7#c7 in paragraph 7#a71 by amending subparagraph 7,c7 to read as follows3 7,c7 ,suspension of period 7i7 ,extension ,the removal period shall be extended beyond a period of #ij days and the ,secretary may1 in the ,secretary's sole discretion1 keep the alien in detention during such extended period if-- 7,i7 the alien fails or refuses to make all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 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 removal2 7,,ii7 a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal2 7,,iii7 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 agency2 or 7,,iv7 a court or the ,board of ,immigration ,appeals orders a remand to an immigration judge or the ,board of ,immigration ,appeals1 during the time period when the case is pending a decision on remand 7with the removal period beginning anew on the date that the alien is ordered removed on remand74 7ii7 ,renewal ,if the removal period has been extended under subparagraph 7,c77i71 a new removal period shall be deemed to have begun on the date-- 7,i7 the alien makes all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order2 7,,ii7 the stay of removal is no longer in effect2 or 7,,iii7 the alien is returned to the custody of the ,secretary4 7iii7 ,mandatory detention for certain aliens ,in the case of an alien described in subparagraphs 7,a7 through 7,d7 of section #bcf7;c77#a71 the ,secretary shall keep that alien in detention during the extended period described in clause 7i74 7iv7 ,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 #aec of title #bh1 ,united ,states ,code4 ,no alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond4 2 7#d7 in paragraph 7#c7-- 7,a7 by adding after ,if the alien does not leave or is not removed within the removal period the following3 or is not detained pursuant to paragraph 7#f7 of this subsection2 and 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 to obey reasonable restrictions on the alien's conduct or activities that the ,secretary prescribes for the alien1 in order to prevent the alien from absconding1 for the protection of the community1 or for other purposes related to the enforcement of the immigration laws4 2 7#e7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 and 7#f7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens established ,for an alien who is not otherwise subject to mandatory detention1 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 order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 and who has not conspired or acted to prevent removal1 the ,secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions4 ,the ,secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph 7,b74 ,the determination shall include consideration of any evidence submitted by the alien1 and may include consideration of any other evidence1 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 alien4 7,b7 ,authority to detain beyond removal period 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period as provided in paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond4 7ii7 specific circumstances ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's sole discretion1 may continue to detain an alien beyond the #ij days authorized in clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary1 in the ,secretary's sole discretion1 determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 or 7bb7 would be removed in the reasonably foreseeable future1 or would have been removed1 but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order1 or to cooperate fully with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 or conspires or acts to prevent removal2 7,,ii7 until the alien is removed1 if the ,secretary of ,homeland ,security certifies in writing-- 7aa7 in consultation with the ,secretary of ,health and ,human ,services1 that the alien has a highly contagious disease that poses a threat to public safety2 7bb7 after receipt of a written recommendation from the ,secretary of ,state1 that release of the alien is likely to have serious adverse foreign policy consequences for the ,united ,states2 7cc7 based on information available to the ,secretary of ,homeland ,security 7including classified1 sensitive1 or national security information1 and without regard to the grounds upon which the alien was ordered removed71 that there is reason to believe that the release of the alien would threaten the national security of the ,united ,states2 or 7dd7 that the release of the alien will threaten the safety of the community or any person1 conditions of release cannot reasonably be expected to ensure the safety of the community or any person1 and either 7,,aa7-- 7,,aa7 the alien has been convicted of 7aaa7 one or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a771 7bbb7 one or more crimes identified by the ,secretary of ,homeland ,security by regulation1 if the aggregate term of imprisonment for such crimes is at least #e years1 or 7ccc7 one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 if the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,bb7 the alien has committed one or more violent crimes 7as referred to in section #aja7;a77#dc77;,f71 but not including a purely political offense7 and1 because of a mental condition or personality disorder and behavior associated with that condition or disorder1 the alien is likely to engage in acts of violence in the future2 or 7,,iii7 pending a certification under subclause 7,,ii71 so long as the ,secretary of ,homeland ,security has initiated the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period1 as provided in paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph shall have no right to seek release on bond1 including by reason of a certification under clause 7ii77,,ii74 7,c7 ,renewal and delegation of certification 7i7 ,renewal ,the ,secretary of ,homeland ,security may renew a certification under subparagraph 7,b77ii77,,ii7 every #f months1 after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request4 ,if the ,secretary does not renew a certification1 the ,secretary may not continue to detain the alien under subparagraph 7,b77ii77,,ii74 7ii7 ,delegation ,notwithstanding section #ajc1 the ,secretary of ,homeland ,security may not delegate the authority to make or renew a certification described in item 7bb71 7cc71 or 7dd7 of subparagraph 7,b77ii77,,ii7 below the level of the ,director of ,immigration and ,customs ,enforcement4 7iii7 ,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 7dd77,,bb7 of subparagraph 7,b77ii77,,ii74 7,d7 ,release on conditions ,if it is determined that an alien should be released from detention by a ,federal court1 the ,board of ,immigration ,appeals1 or if an immigration judge orders a stay of removal1 the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 may impose conditions on release as provided in paragraph 7#c74 7,e7 ,redetention ,the ,secretary of ,homeland ,security1 in the exercise of the ,secretary's discretion1 without any limitations other than those specified in this section1 may again detain any alien subject to a final removal order who is released from custody1 if removal becomes likely in the reasonably foreseeable future1 the alien fails to comply with the conditions of release1 or to continue to satisfy the conditions described in subparagraph 7,a71 or if1 upon reconsideration1 the ,secretary1 in the ,secretary's sole discretion1 determines that the alien can be detained under subparagraph 7,b74 ,this section shall apply to any alien returned to custody pursuant to this subparagraph1 as if the removal period terminated on the day of the redetention4 7,f7 ,review of determinations by ,secretary ,a determination by the ,secretary under this paragraph shall not be subject to review by any other agency4 4 #cajd4 ,definition of aggravated felony 7a7 ,in general ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended to read as follows3 7#dc7 ,notwithstanding any other provision of law1 the term aggravated felony means any offense1 whether in violation of ,federal1 ,state1 or foreign law1 that is described in this paragraph4 ,an offense described in this paragraph is-- 7,a7 homicide 7including murder in any degree1 manslaughter1 and vehicular manslaughter71 rape 7whether the victim was conscious or unconscious71 statutory rape1 sexual assault or battery1 or any offense of a sexual nature involving an intended victim under the age of #ah years 7including offenses in which the intended victim was a law enforcement officer72 7,b7 7i7 illicit trafficking in a controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act71 including a drug trafficking crime 7as defined in section #ibd7;c7 of title #ah1 ,united ,states ,code72 or 7ii7 any offense under ,state law relating to a controlled substance 7as so classified under ,state law7 which is classified as a felony in that ,state regardless of whether the substance is classified as a controlled substance under section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 7,c7 illicit trafficking in firearms or destructive devices 7as defined in section #iba of title #ah1 ,united ,states ,code7 or in explosive materials 7as defined in section #hda7;c7 of that title72 7,d7 an offense described in section #aief of title #ah1 ,united ,states ,code 7relating to laundering of monetary instruments7 or section #aieg of that title 7relating to engaging in monetary transactions in property derived from specific unlawful activity7 if the amount of the funds exceeded #aj1jjj2 7,e7 an offense described in-- 7i7 section #hdb or #hdd of title #ah1 ,united ,states ,code 7relating to explosive materials offenses72 7ii7 section #ibb or #ibd of title #ah1 ,united ,states ,code 7relating to firearms offenses72 or 7iii7 section #ehfa of the ,internal ,revenue ,code of #aihf 7relating to firearms offenses72 7,f7 a violent crime for which the term of imprisonment is at least #a year1 including-- 7i7 any offense that has an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7ii7 any other offense in which the record of conviction establishes that the offender used physical force against the person or property of another in the course of committing the offense2 7,g7 7i7 theft 7including theft by deceit1 theft by fraud1 embezzlement1 motor vehicle theft1 unauthorized use of a vehicle1 or receipt of stolen property71 regardless of whether the intended deprivation was temporary or permanent1 for which the term of imprisonment is at least #a year2 or 7ii7 burglary for which the term of imprisonment is at least #a year2 7,h7 an offense described in section #hge1 #hgf1 #hgg1 or #abjb of title #ah1 ,united ,states ,code 7relating to the demand for or receipt of ransom72 7,i7 an offense involving child pornography or sexual exploitation of a minor 7including any offense described in section #bbea1 #bbea;,a1 or #bbeb of title #ah1 ,united ,states ,code72 7,j7 an offense described in section #aifb of title #ah1 ,united ,states ,code 7relating to racketeer influenced corrupt organizations71 or an offense described in section #ajhd 7if it is a second or subsequent offense7 or #aiee of that title 7relating to gambling offenses72 7,k7 an offense that-- 7i7 relates to the owning1 controlling1 managing1 or supervising of a prostitution business2 7ii7 is described in section #bdba1 #bdbb1 or #bdbc of title #ah1 ,united ,states ,code 7relating to transportation for the purpose of prostitution7 if committed for commercial advantage2 or 7iii7 is described in any of sections #aeha-aehe or #aehh-aeia of title #ah1 ,united ,states ,code 7relating to peonage1 slavery1 involuntary servitude1 and trafficking in persons72 7,l7 an offense described in-- 7i7 section #gic 7relating to gathering or transmitting national defense information71 #gih 7relating to disclosure of classified information71 #baec 7relating to sabotage7 or #bcha or #bchb 7relating to treason7 of title #ah1 ,united ,states ,code2 7ii7 section #fja of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dba7 7relating to protecting the identity of undercover intelligence agents72 7iii7 section #fja of the ,national ,security ,act of #aidg 7relating to protecting the identity of undercover agents72 7iv7 section #age 7relating to biological weapons7 of title #ah1 ,united ,states ,code2 7v7 sections #gib 7harboring or concealing persons who violated sections #gic or #gid of title #ah1 ,united ,states ,code71 #gid 7gathering or delivering defense information to aid foreign government71 #gie 7photographing and sketching defense installations71 #gif 7use of aircraft for photographing defense installations71 #gig 7publication and sale of photographs of defense installations71 #gii 7violation of ,,nasa regulations for protection of facilities7 of title #ah1 ,united ,states ,code2 7vi7 sections #hca 7prohibited transactions involving nuclear materials7 and #hcb 7participation in nuclear and weapons of mass destruction threats to the ,united ,states7 of title #ah1 ,united ,states ,code2 7vii7 sections #bccb;a-d1 f-h 7relating to terrorist activities7 of title #ah1 ,united ,states ,code2 7viii7 sections #bcci 7relating to harboring or concealing terrorists71 #bcci;,a 7relating to material support to terrorists71 #bcci;,b 7relating to material support or resources to designated foreign terrorist organizations71 #bcci;,c 7relating to financing of terrorism71 #bcci;,d 7relating to receiving military-type training from a terrorist organization7 of title #ah1 ,united ,states ,code2 7ix7 section #agje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje72 or 7x7 section #ch of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bggh72 7,m7 an offense that-- 7i7 involves fraud or deceit in which the loss to the victim or victims exceeds #aj1jjj2 or 7ii7 is described in section #gbja of the ,internal ,revenue ,code of #aihf 7relating to tax evasion7 in which the revenue loss to the ,government exceeds #aj1jjj2 7,n7 an offense described in section #bgd7;a7 7relating to alien smuggling71 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 assisting1 abetting1 or aiding only the alien's spouse1 child1 or parent 7and no other individual7 to violate a provision of this ,act2 7,o7 an offense described in section #bge or #bgf for which the term of imprisonment is at least #a year2 7,p7 an offense which is described in chapter #ge of title #ah1 ,united ,states ,code1 and for which the term of imprisonment is at least #a year2 7,q7 an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of #e years or more2 7,r7 an offense relating to commercial bribery1 counterfeiting1 forgery1 or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year2 7,s7 an offense relating to obstruction of justice1 perjury or subornation of perjury1 or bribery of a witness2 7,t7 an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of #b years' imprisonment or more may be imposed2 7,u7 any offense for which the term of imprisonment imposed was #b years or more2 7,v7 an offense relating to terrorism or national security 7including a conviction for a violation of any provision of chapter #aac;,b of title #ah1 ,united ,states ,code2 or 7,w7 7i7 a single conviction for driving while intoxicated 7including a conviction for driving while under the influence of or impairment by alcohol or drugs71 when such impaired driving was a cause of the serious bodily injury or death of another person2 or 7ii7 a second or subsequent conviction for driving while intoxicated 7including a conviction for driving under the influence of or impaired by alcohol or drugs72 or 7,x7 an attempt or conspiracy to commit an offense described in this paragraph or aiding1 abetting1 counseling1 procuring1 commanding1 inducing1 facilitating1 or soliciting the commission of such an offense4 ,any determinations under this paragraph shall be made on the basis of the record of conviction4 ,for purposes of this paragraph1 a person shall be considered to have committed an aggravated felony if that person has been convicted for #c or more misdemeanors not arising out the traffic laws 7except for any conviction for driving under the influence or an offense that results in the death or serious bodily injury of another person7 or felonies for which the aggregate term of imprisonment imposed was #c years or more1 regardless of whether the convictions were all entered pursuant to a single trial or the offenses arose from a single pattern or scheme of conduct4 4 7b7 ,effective date2 application of amendments 7#a7 ,in general ,the amendments made by subsection 7a7-- 7,a7 shall take effect on the date of the enactment of this ,act2 and 7,b7 shall apply to any act or conviction that occurred before1 on1 or after such date4 7#b7 ,application of ,,iirira amendments ,the amendments to section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 made by section #cba of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-fbg7 shall continue to apply1 whether the conviction was entered before1 on1 or after ,september #cj1 #aiif4 #caje4 ,crime of violence ,section #af of title #ah1 ,united ,states ,code1 is amended to read as follows3 #af4 ,crime of violence defined 7a7 ,the term crime of violence means an offense that-- 7#a7 7,a7 is murder1 voluntary manslaughter1 assault1 sexual abuse or aggravated sexual abuse1 abusive sexual contact1 child abuse1 kidnapping1 robbery1 carjacking1 firearms use1 burglary1 arson1 extortion1 communication of threats1 coercion1 unauthorized use of a vehicle1 fleeing1 interference with flight crew members and attendants1 domestic violence1 hostage taking1 stalking1 human trafficking1 or using weapons of mass destruction2 or 7,b7 involves use or unlawful possession of explosives or destructive devices described in #ehde7;f7 of the ,internal ,revenue ,code of #aihf2 7#b7 has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7#c7 is an attempt to commit1 conspiracy to commit1 solicitation to commit1 or aiding and abetting any of the offenses set forth in paragraphs 7#a7 and 7#b74 7b7 ,in this section3 7#a7 ,the term abusive sexual contact means conduct described in section #bbdd7;a77#a7 and 7a77#b74 7#b7 ,the terms aggravated sexual abuse and sexual abuse mean conduct described in sections #bbda and #bbdb4 ,for purposes of such conduct1 the term sexual act means conduct described in section #bbdf7b71 or the knowing and lewd exposure of genitalia or masturbation1 to any person1 with an intent to abuse1 humiliate1 harass1 degrade1 or arouse or gratify the sexual desire of any person4 7#c7 ,the term assault means conduct described in section #aac7;a71 and includes conduct committed recklessly1 knowingly1 or intentionally4 7#d7 ,the term arson means conduct described in section #hdd7;i7 or unlawfully or willfully damaging or destroying any building1 inhabited structure1 vehicle1 vessel1 or real property by means of fire or explosive4 7#e7 ,the term burglary means an unlawful or unprivileged entry into1 or remaining in1 a building or structure1 including any nonpermanent or mobile structure that is adapted or used for overnight accommodation or for the ordinary carrying on of business1 and1 either before or after entering1 the person-- 7,a7 forms the intent to commit a crime2 or 7,b7 commits or attempts to commit a crime4 7#f7 ,the term carjacking means conduct described in section #baai1 or the unlawful taking of a motor vehicle from the immediate actual possession of a person against his will1 by means of actual or threatened force1 or violence or intimidation1 or by sudden or stealthy seizure or snatching1 or fear of injury4 7#g7 ,the term child abuse means the unlawful infliction of physical injury or the commission of any sexual act against a child under fourteen by any person eighteen years of age or older4 7#h7 ,the term communication of threats means conduct described in section #hdd7;e71 or the transmission of any communications containing any threat of use of violence to-- 7,a7 demand or request for a ransom or reward for the release of any kidnapped person2 or 7,b7 threaten to kidnap or injure the person of another4 7#i7 ,the term coercion means causing the performance or non-performance of any act by another person which under such other person has a legal right to do or to abstain from doing1 through fraud or by the use of actual or threatened force1 violence1 or fear thereof1 including the use1 or an express or implicit threat of use1 of violence to cause harm1 or threats to cause injury to the person1 reputation or property of any person4 7#aj7 ,the term domestic violence means any assault committed by a current or former spouse1 parent1 or guardian of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabiting with or has cohabited with the victim as a spouse1 parent1 or guardian1 or by a person similarly situated to a spouse1 parent1 or guardian of the victim 7#aa7 ,the term extortion means conduct described in section #aiea7;b77#b771 but not extortion under color of official right or fear of economic loss4 7#ab7 ,the term firearms use means conduct described in section #ibd7;c7 or #ibi7;a71 if the firearm was brandished1 discharged1 or otherwise possessed1 carried1 or used as a weapon and the crime of violence or drug trafficking crime during and in relation to which the firearm was possessed1 carried1 or used was subject to prosecution in any court of the ,united ,states1 ,state court1 military court or tribunal1 or tribal court4 ,such term also includes unlawfully possessing a firearm described in section #ehde7;a7 of the ,internal ,revenue ,code of #aihf 7such as a sawed-off shotgun or sawed-off rifle1 silencer1 bomb1 or machine gun71 possession of a firearm described in section #ibb7;g77#a71 #ibb7;g77#b7 and #ibb7;g77#d71 possession of a firearm with the intent to use such firearm unlawfully1 or reckless discharge of a firearm at a dwelling4 7#ac7 ,the term fleeing means knowingly operating a motor vehicle and1 following a law enforcement officer's signal to bring the motor vehicle to a stop-- 7,a7 failing or refusing to comply2 or 7,b7 fleeing or attempting to elude a law enforcement officer4 7#ad7 ,the term force means the level of force needed or intended to overcome resistance4 7#ae7 ,the term hostage taking means conduct described in section #abjc4 7#af7 ,the term human trafficking means conduct described in section #aehi1 #aeij1 and #aeia4 7#ag7 ,the term interference with flight crew members and attendants means conduct described in section #dfejd of title #di1 ,united ,states ,code4 7#ah7 ,the term kidnapping means conduct described in section #abja7;a77#a7 or seizing1 confining1 inveigling1 decoying1 abducting1 or carrying away and holding for ransom or reward or otherwise any person4 7#ai7 ,the term murder means conduct described as murder in the first degree or murder in the second degree described in section #aaaa4 7#bj7 the term robbery means conduct described in section #aiea7;b77#a71 or the unlawful taking or obtaining of personal property from the person or in the presence of another1 against his will1 by means of actual or threatened force1 or violence or intimidation1 or by sudden or stealthy seizure or snatching1 or fear of injury1 immediate or future1 to his person or property1 or property in his custody or possession1 or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining4 7#ba7 ,the term stalking means conduct described in section #bbfa;,a4 7#bb7 ,the term unauthorized use of a motor vehicle means the intentional or knowing operation of another person's boat1 airplane1 or motor vehicle without the consent of the owner4 7#bc7 ,the term using weapons of mass destruction means conduct described in section #bccb;a4 7#bd7 the term voluntary manslaughter means conduct described in section #aaab7;a74 7c7 ,for purposes of this section1 in the case of any reference in subsection 7b7 to an offense under this title1 such reference shall include conduct that constitutes an offense under ,state or tribal law or under the ,uniform ,code of ,military ,justice1 if such conduct would be an offense under this title if a circumstance giving rise to ,federal jurisdiction had existed4 4 #cajf4 ,grounds of inadmissibility and deportability for alien gang members 7a7 ,definition of gang member ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by inserting after paragraph 7#eb7 the following3 7#ec7 7,a7 ,the term criminal gang means an ongoing group1 club1 organization1 or association of #e or more persons-- 7i7 that has as one of its primary purposes the commission of #a or more of the criminal offenses described in subparagraph 7,b7 and the members of which engage1 or have engaged within the past #e years1 in a continuing series of such offenses2 or 7ii7 that has been designated as a criminal gang by the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 as meeting these criteria4 7,b7 ,the offenses described1 whether in violation of ,federal or ,state law or foreign law and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of this paragraph1 are the following3 7i7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7ii7 ,a felony offense involving firearms or explosives or in violation of section #ica of title #ah1 ,united ,states ,code 7relating to purchase1 ownership1 or possession of body armor by violent felons74 7iii7 ,an offense under section #bgd 7relating to bringing in and harboring certain aliens71 section #bgg 7relating to aiding or assisting certain aliens to enter the ,united ,states71 or section #bgh 7relating to importation of alien for immoral purpose71 except that this clause does not apply in the case of an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 which is exempt from taxation under section #eja7;a7 of such ,code4 7iv7 ,a violent crime described in section #aja7;a77#dc77;,f74 7v7 ,a crime involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant1 or perjury or subornation of perjury4 7vi7 ,any conduct punishable under sections #ajbh;,a and #ajbi of title #ah1 ,united ,states ,code 7relating to aggravated identity theft or fraud and related activity in connection with identification documents or access devices71 sections #aeha through #aeid of such title 7relating to peonage1 slavery1 and trafficking in persons71 section #aiea of such title 7relating to interference with commerce by threats or violence71 section #aieb of such title 7relating to interstate and foreign travel or transportation in aid of racketeering enterprises71 section #aief of such title 7relating to the laundering of monetary instruments71 section #aieg of such title 7relating to engaging in monetary transactions in property derived from specified unlawful activity71 or sections #bcab through #bcae of such title 7relating to interstate transportation of stolen motor vehicles or stolen property74 7vii7 ,an attempt or conspiracy to commit an offense described in this paragraph or aiding1 abetting1 counseling1 procuring1 commanding1 inducing1 facilitating1 or soliciting the commission of an offense described in clauses 7i7 through 7vi74 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 in subclause 7,i71 by striking or at the end2 and 7,b7 by inserting after subclause 7,,ii7 the following3 7,,iii7 a violation of 7or a conspiracy or attempt to violate7 any law or regulation of a ,state1 the ,united ,states1 or a foreign country relating to participation or membership in a criminal gang1 or 7,,iv7 any felony or misdemeanor offense for which the alien received a sentencing enhancement predicated on gang membership or conduct that promoted1 furthered1 aided1 or supported the illegal activity of the criminal gang1 4 7#b7 by adding at the end the following3 7,n7 ,aliens associated with criminal gangs 7i7 ,aliens not physically present in the ,united ,states ,in the case of an alien who is not physically present in the ,united ,states3 7,i7 ,that alien is inadmissible if a consular officer1 an immigration officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe-- 7aa7 to be or to have been a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7bb7 to have participated in the activities of a criminal gang 7as defined in section #aja7;a77#ec771 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 7,,ii7 ,that alien is inadmissible if a consular officer1 an immigration officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general has reasonable grounds to believe the alien has participated in1 been a member of1 promoted1 or conspired with a criminal gang1 either inside or outside of the ,united ,states4 7,,iii7 ,that alien is inadmissible if a consular officer1 an immigration officer1 the ,secretary of ,homeland ,security1 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 gang1 either inside or outside of the ,united ,states4 7ii7 ,aliens physically present in the ,united ,states ,in the case of an alien who is physically present in the ,united ,states1 that alien is inadmissible if the alien-- 7,i7 is a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7,,ii7 has participated in the activities of a criminal gang 7as defined in section #aja7;a77#ec771 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7c7 ,deportability ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,h7 ,aliens associated with criminal gangs ,any alien is deportable who-- 7i7 is or has been a member of a criminal gang 7as defined in section #aja7;a77#ec772 7ii7 has participated in the activities of a criminal gang 7as so defined71 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang2 7iii7 has been convicted of a violation of 7or a conspiracy or attempt to violate7 any law or regulation of a ,state1 the ,united ,states1 or a foreign country relating to participation or membership in a criminal gang2 or 7iv7 any felony or misdemeanor offense for which the alien received a sentencing enhancement predicated on gang membership or conduct that promoted1 furthered1 aided1 or supported the illegal activity of the criminal gang4 4 7d7 ,designation 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by inserting after section #bai the following3 #bbj4 ,designation of criminal gang 7a7 ,designation 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 may designate a group1 club1 organization1 or association of #e or more persons as a criminal gang if the ,secretary finds that their conduct is described in section #aja7;a77#ec74 7#b7 ,procedure 7,a7 ,notification ,seven days before making a designation under this subsection1 the ,secretary shall1 by classified communication1 notify the ,speaker and ,minority ,leader of the ,house of ,representatives1 the ,president pro tempore1 ,majority ,leader1 and ,minority ,leader of the ,senate1 and the members of the relevant committees of the ,house of ,representatives and the ,senate1 in writing1 of the intent to designate a group1 club1 organization1 or association of #e or more persons under this subsection and the factual basis therefor4 7,b7 ,publication in the ,federal ,register ,the ,secretary shall publish the designation in the ,federal ,register seven days after providing the notification under subparagraph 7,a74 7#c7 ,record 7,a7 ,in general ,in making a designation under this subsection1 the ,secretary shall create an administrative record4 7,b7 ,classified information ,the ,secretary may consider classified information in making a designation under this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7#d7 ,period of designation 7,a7 ,in general ,a designation under this subsection shall be effective for all purposes until revoked under paragraph 7#e7 or 7#f7 or set aside pursuant to subsection 7c74 7,b7 ,review of designation upon petition 7i7 ,in general ,the ,secretary shall review the designation of a criminal gang under the procedures set forth in clauses 7iii7 and 7iv7 if the designated group1 club1 organization1 or association of #e or more persons files a petition for revocation within the petition period described in clause 7ii74 7ii7 ,petition period ,for purposes of clause 7i7-- 7,i7 if the designated group1 club1 organization1 or association of #e or more persons has not previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date on which the designation was made2 or 7,,ii7 if the designated group1 club1 organization1 or association of #e or more persons has previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date of the determination made under clause 7iv7 on that petition4 7iii7 ,procedures ,any group1 club1 organization1 or association of #e 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 #aja7;a77#ec74 7iv7 ,determination 7,i7 ,in general ,not later than #ahj days after receiving a petition for revocation submitted under this subparagraph1 the ,secretary shall make a determination as to such revocation4 7,,ii7 ,classified information ,the ,secretary may consider classified information in making a determination in response to a petition for revocation4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7,,iii7 ,publication of determination ,a determination made by the ,secretary under this clause shall be published in the ,federal ,register4 7,,iv7 ,procedures ,any revocation by the ,secretary shall be made in accordance with paragraph 7#f74 7,c7 ,other review of designation 7i7 ,in general ,if in a #e-year period no review has taken place under subparagraph 7,b71 the ,secretary shall review the designation of the criminal gang in order to determine whether such designation should be revoked pursuant to paragraph 7#f74 7ii7 ,procedures ,if a review does not take place pursuant to subparagraph 7,b7 in response to a petition for revocation that is filed in accordance with that subparagraph1 then the review shall be conducted pursuant to procedures established by the ,secretary4 ,the results of such review and the applicable procedures shall not be reviewable in any court4 7iii7 ,publication of results of review ,the ,secretary shall publish any determination made pursuant to this subparagraph in the ,federal ,register4 7#e7 ,revocation by act of congress ,the ,congress1 by an ,act of ,congress1 may block or revoke a designation made under paragraph 7#a74 7#f7 ,revocation based on change in circumstances 7,a7 ,in general ,the ,secretary may revoke a designation made under paragraph 7#a7 at any time1 and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 if the ,secretary finds that-- 7i7 the group1 club1 organization1 or association of #e or more persons that has been designated as a criminal gang is no longer described in section #aja7;a77#ec72 or 7ii7 the national security or the law enforcement interests of the ,united ,states warrants a revocation4 7,b7 ,procedure ,the procedural requirements of paragraphs 7#b7 and 7#c7 shall apply to a revocation under this paragraph4 ,any revocation shall take effect on the date specified in the revocation or upon publication in the ,federal ,register if no effective date is specified4 7#g7 ,effect of revocation ,the revocation of a designation under paragraph 7#e7 or 7#f7 shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation4 7#h7 ,use of designation in trial or hearing ,if a designation under this subsection has become effective under paragraph 7#b7 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 objection4 7b7 ,amendments to a designation 7#a7 ,in general ,the ,secretary may amend a designation under this subsection if the ,secretary finds that the group1 club1 organization1 or association of #e or more persons has changed its name1 adopted a new alias1 dissolved and then reconstituted itself under a different name or names1 or merged with another group1 club1 organization1 or association of #e or more persons4 7#b7 ,procedure ,amendments made to a designation in accordance with paragraph 7#a7 shall be effective upon publication in the ,federal ,register4 ,paragraphs 7#b71 7#d71 7#e71 7#f71 7#g71 and 7#h7 of subsection 7a7 shall also apply to an amended designation4 7#c7 ,administrative record ,the administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments4 7#d7 ,classified information ,the ,secretary may consider classified information in amending a designation in accordance with this subsection4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c7 of this section4 7c7 ,judicial review of designation 7#a7 ,in general ,not later than #cj days after publication in the ,federal ,register of a designation1 an amended designation1 or a determination in response to a petition for revocation1 the designated group1 club1 organization1 or association of #e or more persons may seek judicial review in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,basis of review ,review under this subsection shall be based solely upon the administrative record1 except that the ,government may submit1 for ex parte and in camera review1 classified information used in making the designation1 amended designation1 or determination in response to a petition for revocation4 7#c7 ,scope of review ,the ,court shall hold unlawful and set aside a designation1 amended designation1 or determination in response to a petition for revocation the court finds to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 contrary to constitutional right1 power1 privilege1 or immunity2 7,c7 in excess of statutory jurisdiction1 authority1 or limitation1 or short of statutory right2 7,d7 lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph 7#b72 or 7,e7 not in accord with the procedures required by law4 7#d7 ,judicial review invoked ,the pendency of an action for judicial review of a designation1 amended designation1 or determination in response to a petition for revocation shall not affect the application of this section1 unless the court issues a final order setting aside the designation1 amended designation1 or determination in response to a petition for revocation4 7d7 ,definitions ,as used in this section-- 7#a7 the term classified information has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 7#b7 the term national security means the national defense1 foreign relations1 or economic interests of the ,united ,states2 7#c7 the term relevant committees means the ,committees on the ,judiciary of the ,senate and of the ,house of ,representatives2 and 7#d7 the term ,secretary means the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general4 4 7#b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #bai the following3 ,sec4 #bbj4 ,designation4 4 7e7 ,mandatory detention of criminal gang members 7#a7 ,in general ,section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a771 as amended by this division1 is further amended-- 7,a7 in subparagraph 7,e71 by striking or at the end2 7,b7 in subparagraph 7,f71 by inserting or at the end2 and 7,c7 by inserting after subparagraph 7,f7 the following3 7,g7 is inadmissible under section #bab7;a77#b77,n7 or deportable under section #bcg7;a77#b77;,h71 4 7#b7 ,annual report ,not later than ,march #a of each year 7beginning #a year after the date of the enactment of this ,act71 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies1 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 7#a74 7f7 ,asylum claims based on gang affiliation 7#a7 ,inapplicability of restriction on removal to certain countries ,section #bda7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abea7;b77#c77;,b77 is amended1 in the matter preceding clause 7i71 by inserting who is described in section #bab7;a77#b77,n77i7 or section #bcg7;a77#b77;,h77i7 or who is after to an alien4 7#b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7,a7 in clause 7v71 by striking or at the end2 7,b7 by redesignating clause 7vi7 as clause 7vii72 and 7,c7 by inserting after clause 7v7 the following3 7vi7 the alien is described in section #bab7;a77#b77,n77i7 or section #bcg7;a77#b77;,h77i72 or 4 7g7 ,temporary protected status ,section #bdd of such ,act 7#h ,u4,s4,c4 #abed;a7 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 7#b7 in subparagraph 7c77#b77;,b7-- 7,a7 in clause 7i71 by striking or at the end2 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 the alien is1 or at any time has been1 described in section #bab7;a77#b77,n7 or section #bcg7;a77#b77;,h74 2 and 7#c7 in subsection 7d7-- 7,a7 by striking paragraph 7#c72 and 7,b7 in paragraph 7#d71 by adding at the end the following3 ,the ,secretary of ,homeland ,security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law44 7h7 ,special immigrant juvenile visas ,section #aja7;a77#bg77;,j77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77iii77 is amended-- 7#a7 in subclause 7,i71 by striking and2 7#b7 in subclause 7,,ii71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,,iii7 no alien who is1 or at any time has been1 described in section #bab7;a77#b77,n7 or section #bcg7;a77#b77;,h7 shall be eligible for any immigration benefit under this subparagraph2 4 7i7 ,parole ,an alien described in section #bab7;a77#b77,n7 of the ,immigration and ,nationality ,act1 as added by subsection 7b71 shall not be eligible for parole under section #bab7;d77#e77;,a7 of such ,act unless-- 7#a7 the alien is assisting or has assisted the ,united ,states ,government in a law enforcement matter1 including a criminal investigation2 and 7#b7 the alien's presence in the ,united ,states is required by the ,government with respect to such assistance4 7j7 ,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 before1 on1 or after the date of the enactment of this ,act4 #cajg4 ,special immigrant juvenile status for immigrants unable to reunite with either parent ,section #aja7;a77#bg77;,j77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77i77 is amended by striking #a or both of the immigrant's parents and inserting either of the immigrant's parents4 #cajh4 ,clarification of authority regarding determinations of convictions ,section #aja7;a77#dh7 of the ,immigration and ,national ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended by adding at the end the following3 7,c7 ,in making a determination as to whether a conviction is for-- 7i7 a crime under section #bab7;a77#b71 or 7ii7 a crime under #bcg7;a77#b71 such determination shall be determined on the basis of the record of conviction and any facts established within the record of conviction4 7,d7 ,any reversal1 vacatur1 expungement1 or modification to a conviction1 sentence1 or conviction record that was granted to ameliorate the immigration consequences of the conviction1 sentence1 or conviction record1 or was granted for rehabilitative purposes shall have no effect on the immigration consequences resulting from the original conviction4 ,the alien shall have the burden of proving that the reversal1 vacatur1 expungement1 or modification was not for such purposes4 ,in no case in which a reversal1 vacatur1 expungement1 or modification was granted for a procedural or substantive defect in the criminal proceedings4 ,whether an alien has been convicted of a crime for which a sentence of one year or longer may be imposed or whether the alien has been convicted for a crime where the maximum penalty possible did not exceed one year shall be determined based on the maximum penalty allowed by the statute of conviction as of the date the offense was committed4 ,subsequent changes in ,state or ,federal law which increase or decrease the sentence that may be imposed for a given crime shall not be considered4 4 #caji4 ,adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist activity ,section #bab7;a77#c77;,b77iv7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iv77 is amended-- 7#a7 in subclause 7,,vi71 by striking the period and inserting 2 or2 and 7#b7 by adding at the end the following3 7,,vii7 an attempt or conspiracy to do any of the foregoing4 4 #caaj4 ,clarifying the authority of ,,ice detainers 7a7 ,in general ,section #bhg7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 is amended to read as follows3 7d7 ,detainer of inadmissible or deportable aliens 7#a7 ,in general ,in the case of an individual who is arrested by any ,federal1 ,state1 or local law enforcement official or other personnel for the alleged violation of any criminal law or any motor vehicle law relating to driving while intoxicated or driving under the influence 7including driving while under the influence of or impairment by alcohol or drugs71 the ,secretary may issue a detainer regarding the individual to any ,federal1 ,state1 or local law enforcement entity1 official1 or other personnel if the ,secretary has probable cause to believe that the individual is an inadmissible or deportable alien4 7#b7 ,probable cause ,probable cause is deemed to be established if-- 7,a7 the individual who is the subject of the detainer matches1 pursuant to biometric confirmation or other ,federal database records1 the identity of an alien who the ,secretary has reasonable grounds to believe to be inadmissible or deportable2 7,b7 the individual who is the subject of the detainer is the subject of ongoing removal proceedings1 including matters where a charging document has already been served2 7,c7 the individual who is the subject of the detainer has previously been ordered removed from the ,united ,states and such an order is administratively final2 7,d7 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 alien2 or 7,e7 the ,secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien4 7#c7 ,transfer of custody ,if the ,federal1 ,state1 or local law enforcement entity1 official1 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 detainer1 the ,department may take custody of the individual within #dh hours 7excluding weekends and holidays71 but in no instance more than #if hours1 following the date that the individual is otherwise to be released from the custody of the relevant ,federal1 ,state1 or local law enforcement entity4 4 7b7 ,immunity 7#a7 ,in general ,a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 and a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention1 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 ,security1 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 punitive1 compensatory1 or other monetary damages4 7#b7 ,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 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention1 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 detainer4 7#c7 ,bad faith exception ,paragraphs 7#a7 and 7#b7 shall not apply to any mistreatment of an individual by a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention4 7c7 ,private right of action 7#a7 ,cause of action ,any individual1 or a spouse1 parent1 or child of that individual 7if the individual is deceased71 who is the victim of an offense that is murder1 rape1 or sexual abuse of a minor1 for which an alien 7as defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c777 has been convicted and sentenced to a term of imprisonment of at least #a year1 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 subdivision1 except as provided in paragraph 7#c7-- 7,a7 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 #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#a772 7,b7 has in effect a statute1 policy1 or practice not in compliance with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 as amended1 and as a consequence of its statute1 policy1 or practice1 released the alien from custody prior to the commission of such crime2 or 7,c7 has in effect a statute1 policy1 or practice requiring a subordinate political subdivision to decline to honor any or all detainers issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#a771 and1 as a consequence of its statute1 policy or practice1 the subordinate political subdivision declined to honor a detainer issued pursuant to such section1 and as a consequence released the alien from custody prior to the commission of such crime4 7#b7 ,limitations on bringing action ,an action may not be brought under this subsection later than #aj years following the occurrence of the crime1 or death of a person as a result of such crime1 whichever occurs later4 7#c7 ,proper defendant ,if a political subdivision of a ,state declines to honor a detainer issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 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-- 7,a7 from honoring the detainer2 or 7,b7 fully complying with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc71 and1 as a consequence of the statute or other legal requirement of the ,state or other political subdivision1 the subdivision released the alien referred to in paragraph 7#a7 from custody prior to the commission of the crime referred to in that paragraph1 the ,state or other political subdivision that enacted the statute or other legal requirement1 shall be deemed to be the proper defendant in a cause of action under this subsection1 and no such cause of action may be maintained against the political subdivision which declined to honor the detainer4 7#d7 ,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 costs1 and include expert fees as part of the attorneys fee4 #caaa4 ,department of ,homeland ,security access to crime information databases ,section #aje7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaje7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the ,service and inserting the ,department of ,homeland ,security2 and 7,b7 by striking visa applicant or applicant for admission and inserting visa applicant1 applicant for admission1 applicant for adjustment of status1 or applicant for any other benefit under the immigration laws2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 ,the ,secretary of ,homeland ,security shall receive1 upon request1 access to the information described in paragraph 7#a7 by means of extracts of the records for placement in the appropriate database without any fee or charge4 4 ,,iv ,asylum ,reform #daja4 ,credible fear interviews ,section #bce7;b77#a77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77v77 is amended by striking claim and all that follows1 and inserting claim1 as determined pursuant to section #bjh7;b77#a77;,b77iii71 and such other facts as are known to the officer1 that the alien could establish eligibility for asylum under section #bjh1 and it is more probable than not that the statements made by1 and on behalf of1 the alien in support of the alien's claim are true44 #dajb4 ,jurisdiction of asylum applications ,section #bjh7;b77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended by striking subparagraph 7,c74 #dajc4 ,recording expedited removal and credible fear interviews 7a7 ,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 #bce7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77 are asked in a uniform manner1 to the extent possible1 and that both these questions and the answers provided in response to them are recorded in a uniform fashion4 7b7 ,factors relating to sworn statements ,where practicable1 any sworn or signed written statement taken of an alien as part of the record of a proceeding under section #bce7;b77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,a77 shall be accompanied by a recording of the interview which served as the basis for that sworn statement4 7c7 ,interpreters ,the ,secretary shall ensure that a competent interpreter1 not affiliated with the government of the country from which the alien may claim asylum1 is used when the interviewing officer does not speak a language understood by the alien4 7d7 ,recordings in immigration proceedings ,there shall be an audio or audio visual recording of interviews of aliens subject to expedited removal4 ,the recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien4 7e7 ,no private right of action ,nothing in this section shall be construed to create any right1 benefit1 trust1 or responsibility1 whether substantive or procedural1 enforceable in law or equity by a party against the ,united ,states1 its departments1 agencies1 instrumentalities1 entities1 officers1 employees1 or agents1 or any person1 nor does this section create any right of review in any administrative1 judicial1 or other proceeding4 #dajd4 ,safe third country ,section #bjh7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77;,a77 is amended-- 7#a7 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security2 and 7#b7 by striking removed1 pursuant to a bilateral or multilateral agreement1 to and inserting removed to4 #daje4 ,renunciation of asylum status pursuant to return to home country 7a7 ,in general ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77 is amended by adding at the end the following new paragraph3 7#d7 ,renunciation of status pursuant to return to home country 7,a7 ,in general ,except as provided in subparagraph 7,b71 any alien who is granted asylum status under this ,act1 who1 absent changed country conditions1 subsequently returns to the country of such alien's nationality or1 in the case of an alien having no nationality1 returns to any country in which such alien last habitually resided1 and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion1 shall have his or her status terminated4 7,b7 ,waiver ,the ,secretary has discretion to waive subparagraph 7,a7 if it is established to the satisfaction of the ,secretary that the alien had a compelling reason for the return4 ,the waiver may be sought prior to departure from the ,united ,states or upon return4 4 7b7 ,conforming amendment ,section #bjh7;c77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77#c77 is amended by inserting after paragraph 7#b7 the following3 or 7#d74 #dajf4 ,notice concerning frivolous asylum applications 7a7 ,in general ,section #bjh7;d77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#d77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general2 7#b7 in subparagraph 7,a71 by striking and of the consequences1 under paragraph 7#f71 of knowingly filing a frivolous application for asylum2 and and inserting a semicolon2 7#c7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7#d7 by adding at the end the following3 7,c7 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 application4 4 7b7 ,conforming amendment ,section #bjh7;d77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;d77#f77 is amended by striking ,if the and all that follows and inserting3 7,a7 ,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 7#d77;,c71 the alien shall be permanently ineligible for any benefits under this chapter1 effective as the date of the final determination of such an application2 7,b7 ,an application is frivolous if the ,secretary of ,homeland ,security or the ,attorney ,general determines1 consistent with subparagraph 7,c71 that-- 7i7 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 ,states1 to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph 7#b71 or to seek issuance of a ,notice to ,appeal in order to pursue ,cancellation of ,removal under section #bdj;,a7b72 or 7ii7 any of the material elements are knowingly fabricated4 7,c7 ,in determining that an application is frivolous1 the ,secretary or the ,attorney ,general1 must be satisfied that the applicant1 during the course of the proceedings1 has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim4 7,d7 ,for purposes of this section1 a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section #bda7;b77#c747 or protection pursuant to the ,convention ,against ,torture4 4 #dajg4 ,anti-fraud investigative work product 7a7 ,asylum credibility determinations ,section #bjh7;b77#a77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#a77;,b77iii77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 7b7 ,relief for removal credibility determinations ,section #bdj7;c77#d77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77;,c77 is amended by inserting after all relevant factors the following3 1 including statements made to1 and investigative reports prepared by1 immigration authorities and other government officials4 #dajh4 ,penalties for asylum fraud ,section #ajja of title #ah is amended by inserting at the end of the paragraph-- 7d7 ,whoever1 in any matter before the ,secretary of ,homeland ,security or the ,attorney ,general pertaining to asylum under section #bjh of the ,immigration and ,nationality ,act or withholding of removal under section #bda7;b77#c7 of such ,act1 knowingly and willfully-- 7#a7 makes any materially false1 fictitious1 or fraudulent statement or representation2 or 7#b7 makes or uses any false writings or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry2 shall be fined under this title or imprisoned not more than #aj years1 or both4 4 #daji4 ,statute of limitations for asylum fraud ,section #cbia of title #ah is amended-- 7#a7 by striking #aedd1 and inserting #aedd1 and section #aedf12 7#b7 by striking offense4 and inserting offense or within #aj years after the fraud is discovered44 #daaj4 ,technical amendments ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,d71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,b7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 7#b7 in subsection 7b77#b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7,c7 in paragraph 7#c71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general each place such term appears2 7,b7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,c7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 in subparagraph 7,b71 by inserting ,secretary of ,homeland ,security or the before ,attorney ,general4 ,v ,,uscis ,waivers #eaja4 ,exemption from ,administrative ,procedure ,act ,the requirements of subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 shall not apply to any rule made in order to carry out this division or the amendments made by this division1 to the extent the ,secretary of ,homeland ,security determines that compliance with any such requirement would impede the expeditious implementation of such division or the amendments made by such division4 #eajb4 ,exemption from ,paperwork ,reduction ,act ,the requirements of subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to any action to implement this division or the amendments made by this division to the extent the ,secretary of ,homeland ,security1 the ,secretary of ,state1 the ,attorney ,general1 or the ,secretary of ,labor determines that compliance with any such requirement would impede the expeditious implementation of such sections or the amendments made by such sections4 #eajc4 ,sunset ,this title shall sunset on the date that is #c years after the date of enactment of this ,act4 ,such sunset shall not be construed to impose any requirements on1 or affect the validity of1 any rule issued or other action taken pursuant to such exemptions4