,,ii ,calendar ,no4 #bge #aaeth ,,congress #ast ,session ,s4 #baib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #e1 #bjag ,mr4 ,grassley 7for himself1 ,mr4 ,cornyn1 ,mr4 ,tillis1 ,mr4 ,lankford1 ,mr4 ,cotton1 and ,mr4 ,perdue7 introduced the following bill2 which was read the first time ,december #f1 #bjag,read the second time and placed on the calendar ,a ,,bill ,to strengthen border security1 increase resources for enforcement of immigration laws1 and for other purposes4 #a4 ,short title table of contents 7a7 ,short title ,this ,act may be cited as the ,security1 ,enforcement1 and ,compassion ,united in ,reform ,efforts ,act or the ,,secure ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title table of contents4 ,,title ,i--,building ,america's ,trust ,act ,sec4 #ajja4 ,short title4 ,subtitle ,a--,border ,security ,sec4 #aaja4 ,short title4 ,sec4 #aajb4 ,definitions4 ,chapter #a--;,infrastructure and ,equipment ,sec4 #aaaa4 ,strengthening the requirements for barriers along the southern border4 ,sec4 #aaab4 ,land use or acquisition4 ,sec4 #aaac4 ,air and ,marine ,operations flight hours4 ,sec4 #aaad4 ,capability deployment to specific sectors and transit zone4 ,sec4 #aaae4 ,deployment of assets4 ,sec4 #aaaf4 ,u4,s4 ,border ,patrol activities4 ,sec4 #aaag4 ,border security technology program management4 ,sec4 #aaah4 ,national ,guard support to secure the southern border and reimbursement of ,states for deployment of the ,national ,guard at the southern border4 ,sec4 #aaai4 ,operation ,phalanx4 ,sec4 #aabj4 ,merida ,initiative4 ,sec4 #aaba4 ,prohibitions on actions that impede border security on certain ,federal land4 ,sec4 #aabb4 ,landowner and rancher security enhancement4 ,sec4 #aabc4 ,limitation on land owner's liability4 ,sec4 #aabd4 ,eradication of carrizo cane and salt cedar4 ,sec4 #aabe4 ,prevention1 detection1 control1 and eradication of diseases and pests4 ,sec4 #aabf4 ,transnational criminal organization illicit spotter prevention and detection4 ,sec4 #aabg4 ,southern border threat analysis4 ,sec4 #aabh4 ,amendments to ,u4,s4 ,customs and ,border ,protection4 ,sec4 #aabi4 ,agent and officer technology use4 ,sec4 #aacj4 ,integrated ,border ,enforcement ,teams4 ,sec4 #aaca4 ,tunnel ,task ,forces4 ,chapter #b--,personnel ,sec4 #aada4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers4 ,sec4 #aadb4 ,u4,s4 ,customs and ,border ,protection retention incentives4 ,sec4 #aadc4 ,anti-,border ,corruption ,reauthorization ,act4 ,sec4 #aadd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection4 ,sec4 #aade4 ,additional ,u4,s4 ,immigration and ,customs ,enforcement personnel4 ,sec4 #aadf4 ,other immigration and law enforcement personnel4 ,sec4 #aadg4 ,judicial resources for border security4 ,sec4 #aadh4 ,reimbursement to ,state and local prosecutors for federally initiated1 immigration-related criminal cases4 ,chapter #c--;,grants ,sec4 #aaea4 ,state ,criminal ,alien ,assistance ,program4 ,sec4 #aaeb4 ,southern border security assistance grants4 ,sec4 #aaec4 ,operation ,stonegarden4 ,sec4 #aaed4 ,grants for identification of victims of cross-border human smuggling4 ,sec4 #aaee4 ,grant accountability4 ,chapter #d--;,authorization of ,appropriations ,sec4 #aafa4 ,authorization of appropriations4 ,subtitle ,b--,emergency ,port of ,entry ,personnel and ,infrastructure ,funding ,sec4 #abja4 ,definitions4 ,sec4 #abjb4 ,ports of entry infrastructure4 ,sec4 #abjc4 ,secure communications4 ,sec4 #abjd4 ,border security deployment program4 ,sec4 #abje4 ,pilot and upgrade of license plate readers at ports of entry4 ,sec4 #abjf4 ,biometric technology4 ,sec4 #abjg4 ,nonintrusive inspection operational demonstration project4 ,sec4 #abjh4 ,biometric exit data system4 ,sec4 #abji4 ,sense of ,congress on cooperation between agencies4 ,sec4 #abaj4 ,authorization of appropriations4 ,subtitle ,c--,domestic ,security and ,interior ,enforcement ,chapter #a--;,general matters ,sec4 #acja4 ,ending catch and release for repeat immigration violators and criminals aliens4 ,sec4 #acjb4 ,deterring visa overstays4 ,sec4 #acjc4 ,increase in immigration detention capacity4 ,sec4 #acjd4 ,collection of ,,dna from criminal and detained aliens4 ,sec4 #acje4 ,collection1 use1 and storage of biometric data4 ,sec4 #acjf4 ,pilot program for electronic field processing4 ,sec4 #acjg4 ,ending abuse of parole authority4 ,sec4 #acjh4 ,reports to ,congress on parole4 ,sec4 #acji4 ,stop ,dangerous ,sanctuary ,cities ,act4 ,sec4 #acaj4 ,reinstatement of the ,secure ,communities ,program4 ,chapter #b--,protection and due process for unaccompanied alien children ,sec4 #acbj4 ,short title4 ,sec4 #acba4 ,repatriation of unaccompanied alien children4 ,sec4 #acbb4 ,expedited due process and screening for unaccompanied alien children4 ,sec4 #acbc4 ,child welfare and law enforcement information sharing4 ,sec4 #acbd4 ,accountability for children and taxpayers4 ,sec4 #acbe4 ,custody of unaccompanied alien children in formal removal proceeding4 ,sec4 #acbf4 ,fraud in connection with the transfer of custody of unaccompanied alien children4 ,sec4 #acbg4 ,notification of ,states and foreign governments1 reporting1 and monitoring4 ,sec4 #acbh4 ,emergency immigration judge resources4 ,sec4 #acbi4 ,reports to ,congress4 ,subtitle ,d--,penalties for smuggling1 drug trafficking1 human trafficking1 terrorism1 and illegal entry and reentry2 bars to readmission of removed aliens ,sec4 #adja4 ,dangerous human smuggling1 human trafficking1 and human rights violations4 ,sec4 #adjb4 ,putting the ,brakes on ,human ,smuggling ,act4 ,sec4 #adjc4 ,drug trafficking and crimes of violence committed by illegal aliens4 ,sec4 #adjd4 ,establishing inadmissibility and deportability4 ,sec4 #adje4 ,penalties for illegal entry2 enhanced penalties for entering with intent to aid1 abet1 or commit terrorism4 ,sec4 #adjf4 ,penalties for reentry of removed aliens4 ,sec4 #adjg4 ,laundering of monetary instruments4 ,sec4 #adjh4 ,freezing bank accounts of international criminal organizations and money launderers4 ,sec4 #adji4 ,criminal proceeds laundered through prepaid access devices1 digital currencies1 or other similar instruments4 ,sec4 #adaj4 ,closing the loophole on drug cartel associates engaged in money laundering4 ,subtitle ,e--,protecting national security and public safety ,chapter #a--;,general matters ,sec4 #aeja4 ,definitions of engage in terrorist activity and terrorist organization4 ,sec4 #aejb4 ,terrorist grounds of inadmissibility4 ,sec4 #aejc4 ,expedited removal for aliens inadmissible on criminal or security grounds4 ,sec4 #aejd4 ,detention of removable aliens4 ,sec4 #aeje4 ,,gao study on deaths in custody4 ,sec4 #aejf4 ,,gao study on migrant deaths4 ,sec4 #aejg4 ,statute of limitations for visa1 naturalization1 and other fraud offenses involving war crimes or human rights violations4 ,sec4 #aejh4 ,criminal detention of aliens to protect public safety4 ,sec4 #aeji4 ,recruitment of persons to participate in terrorism4 ,sec4 #aeaj4 ,barring and removing persecutors1 war criminals1 and participants in crimes against humanity from the ,united ,states4 ,sec4 #aeaa4 ,gang membership1 removal1 and increased criminal penalties related to gang violence4 ,sec4 #aeab4 ,barring aliens with convictions for driving under the influence or while intoxicated4 ,sec4 #aeac4 ,barring aggravated felons1 border checkpoint runners1 and sex offenders from admission to the ,united ,states4 ,sec4 #aead4 ,protecting immigrants from convicted sex offenders4 ,sec4 #aeae4 ,enhanced criminal penalties for high speed flight4 ,sec4 #aeaf4 ,prohibition on asylum and cancellation of removal for terrorists4 ,sec4 #aeag4 ,aggravated felonies4 ,sec4 #aeah4 ,convictions4 ,sec4 #aeai4 ,failure to obey removal orders4 ,sec4 #aebj4 ,sanctions for countries that delay or prevent repatriation of their nationals4 ,sec4 #aeba4 ,enhanced penalties for construction and use of border tunnels4 ,sec4 #aebb4 ,enhanced penalties for fraud and misuse of visas1 permits1 and other documents4 ,sec4 #aebc4 ,expansion of criminal alien repatriation programs4 ,chapter #b--,strong ,visa ,integrity ,secures ,america ,act ,sec4 #aeca4 ,short title4 ,sec4 #aecb4 ,visa security4 ,sec4 #aecc4 ,electronic passport screening and biometric matching4 ,sec4 #aecd4 ,reporting visa overstays4 ,sec4 #aece4 ,student and exchange visitor information system verification4 ,sec4 #aecf4 ,social media review of visa applicants4 ,chapter #c--,visa cancellation and revocation ,sec4 #aeda4 ,cancellation of additional visas4 ,sec4 #aedb4 ,visa information sharing4 ,sec4 #aedc4 ,visa interviews4 ,sec4 #aedd4 ,judicial review of visa revocation4 ,chapter #d--,secure ,visas ,act ,sec4 #aeea4 ,short title4 ,sec4 #aeeb4 ,authority of the ,secretary of ,homeland ,security and the ,secretary of ,state4 ,chapter #e--,visa ,fraud and ,security ,improvement ,act of #bjag ,sec4 #aefa4 ,short title4 ,sec4 #aefb4 ,expanded usage of fraud prevention and detection fees4 ,sec4 #aefc4 ,visa information sharing4 ,sec4 #aefd4 ,inadmissibility of spouses and children of traffickers4 ,sec4 #aefe4 ,,dna testing4 ,sec4 #aeff4 ,access to ,,ncic criminal history database for diplomatic visas4 ,sec4 #aefg4 ,elimination of signed photograph requirement for visa applications4 ,chapter #f--,other ,matters ,sec4 #aega4 ,requirement for completion of background checks4 ,sec4 #aegb4 ,withholding of adjudication4 ,sec4 #aegc4 ,access to the ,national ,crime ,information ,center ,interstate ,identification ,index4 ,sec4 #aegd4 ,appropriate remedies for immigration litigation4 ,sec4 #aege4 ,use of #aihf ,,irca legalization information for national security purposes4 ,sec4 #aegf4 ,uniform statute of limitations for certain immigration1 naturalization1 and peonage offenses4 ,sec4 #aegg4 ,conforming amendment to the definition of racketeering activity4 ,sec4 #aegh4 ,validity of electronic signatures4 ,subtitle ,f--,prohibition on terrorists obtaining lawful status in the ,united ,states ,chapter #a--,prohibition on adjustment to lawful permanent resident status ,sec4 #afja4 ,lawful permanent residents as applicants for admission4 ,sec4 #afjb4 ,date of admission for purposes of adjustment of status4 ,sec4 #afjc4 ,precluding asylee and refugee adjustment of status for certain grounds of inadmissibility and deportability4 ,sec4 #afjd4 ,revocation of lawful permanent resident status for human rights violators4 ,sec4 #afje4 ,removal of condition on lawful permanent resident status prior to naturalization4 ,sec4 #afjf4 ,prohibition on terrorists and aliens who pose a threat to national security or public safety from receiving an adjustment of status4 ,sec4 #afjg4 ,treatment of applications for adjustment of status during pending denaturalization proceedings4 ,sec4 #afjh4 ,extension of time limit to permit rescission of permanent resident status4 ,sec4 #afji4 ,barring persecutors and terrorists from registry4 ,chapter #b--,prohibition on naturalization and ,united ,states citizenship ,sec4 #afba4 ,barring terrorists from becoming naturalized ,united ,states citizens4 ,sec4 #afbb4 ,terrorist bar to good moral character4 ,sec4 #afbc4 ,prohibition on judicial review of naturalization applications for aliens in removal proceedings4 ,sec4 #afbd4 ,limitation on judicial review when agency has not made decision on naturalization application and on denials4 ,sec4 #afbe4 ,clarification of denaturalization authority4 ,sec4 #afbf4 ,denaturalization of terrorists4 ,sec4 #afbg4 ,treatment of pending applications during denaturalization proceedings4 ,sec4 #afbh4 ,naturalization document retention4 ,chapter #c--;,forfeiture of ,proceeds from ,passport and ,visa ,offenses1 and ,passport ,revocation4 ,sec4 #afca4 ,forfeiture of proceeds from passport and visa offenses4 ,sec4 #afcb4 ,passport ,revocation ,act4 ,,title ,,ii--,asylum ,reform and ,border ,protection ,act of #bjag ,sec4 #bjja4 ,short title4 ,sec4 #bjjb4 ,clarification of intent regarding taxpayer-provided counsel4 ,sec4 #bjjc4 ,unaccompanied alien child defined4 ,sec4 #bjjd4 ,modifications to preferential availability for asylum for unaccompanied alien minors4 ,sec4 #bjje4 ,information sharing between the ,department of ,health and ,human ,services and the ,department of ,homeland ,security4 ,sec4 #bjjf4 ,reports4 ,sec4 #bjjg4 ,termination of asylum status pursuant to return to home country4 ,sec4 #bjjh4 ,asylum cases for home schoolers4 ,sec4 #bjji4 ,notice concerning frivolous asylum applications34 ,sec4 #bjaj4 ,termination of asylum status4 ,sec4 #bjaa4 ,time limits for applying for asylum4 ,sec4 #bjab4 ,limits on continuances in removal proceedings4 ,,title ,,iii--,e-,verify ,sec4 #cjja4 ,permanent reauthorization4 ,sec4 #cjjb4 ,preemption2 liability4 ,sec4 #cjjc4 ,information sharing4 ,sec4 #cjjd4 ,small ,business ,demonstration ,program4 ,sec4 #cjje4 ,fraud prevention4 ,sec4 #cjjf4 ,identity authentication employment eligibility verification pilot programs4 ,,title ,,iv--,bridge ,act ,sec4 #djja4 ,short title4 ,sec4 #djjb4 ,provisional protected presence for young individuals4 ,,title ,v--,reforming ,american ,immigration for a ,strong ,economy ,act ,sec4 #ejja4 ,short title4 ,sec4 #ejjb4 ,family-,sponsored immigration priorities4 ,,title ,,vi--,other matters ,sec4 #fjja4 ,other ,immigration and ,nationality ,act amendments4 ,sec4 #fjjb4 ,exemption from the ,administrative ,procedure ,act4 ,sec4 #fjjc4 ,exemption from the ,paperwork ,reduction ,act4 ,sec4 #fjjd4 ,ability to fill and retain ,department of ,homeland ,security positions in ,united ,states territories4 ,sec4 #fjje4 ,severability4 ,sec4 #fjjf4 ,funding4 ,,title ,,vii--,technical amendments ,sec4 #gjja4 ,references to the ,immigration and ,nationality ,act4 ,sec4 #gjjb4 ,technical amendments to title ,i of the ,immigration and ,nationality ,act4 ,sec4 #gjjc4 ,technical amendments to title ,,ii of the ,immigration and ,nationality ,act4 ,sec4 #gjjd4 ,technical amendments to title ,,iii of the ,immigration and ,nationality ,act4 ,sec4 #gjje4 ,technical amendment to title ,,iv of the ,immigration and ,nationality ,act4 ,sec4 #gjjf4 ,technical amendments to title ,v of the ,immigration and ,nationality ,act4 ,sec4 #gjjg4 ,other amendments4 ,sec4 #gjjh4 ,repeals2 rule of construction4 ,sec4 #gjji4 ,miscellaneous technical correction4 ,i ,building ,america's ,trust ,act #ajja4 ,short title ,this title may be cited as the ,building ,america's ,trust ,act4 ,a ,border ,security #aaja4 ,short title ,this subtitle may be cited as the ,border ,security for ,america ,act of #bjag4 #aajb4 ,definitions ,in this subtitle3 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 ,appropriate congressional committee ,the term appropriate congressional committee has the meaning given the term in section #b7b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja7b774 7#c7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#d7 ,high traffic areas ,the term high traffic areas has the meaning given the term in section #ajb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by section #aaaa of this ,act4 7#e7 ,operational control ,the term operational control has the meaning given the term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7,public ,law #aji-cfg2 #h ,u4,s4,c4 #agja note74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#g7 ,situational awareness ,the term situational awareness has the meaning given the 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#h7 ,transit zone ,the term transit zone has the meaning given the 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 #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 construct1 install1 deploy1 operate1 and maintain tactical infrastructure 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 inserting physical barriers2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by inserting situational awareness and before operational control2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,tactical infrastructure 7i7 ,in general ,not later than ,january #bj1 #bjba1 the ,secretary of ,homeland ,security1 in carrying out subsection 7a71 shall deploy along the ,united ,states border the most practical and effective tactical infrastructure available for achieving situational awareness and operational control of the border4 7ii7 ,exception for certain tactical infrastructure ,the deployment of tactical infrastructure under this subparagraph shall not apply in areas along the border where natural terrain features1 natural barriers1 or the remoteness of such area would make deployment ineffective1 as determined by the ,secretary1 for the purposes of gaining situational awareness or operational control of such areas4 2 and 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 ,security1 before deploying tactical infrastructure in a specific area or region1 shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,governors of each ,state on the southern land border or the northern land border1 other ,states1 local governments1 ,indian tribes1 representatives of ,u4,s4 ,border ,patrol and ,u4,s4 ,customs and ,border ,protection1 relevant ,federal1 ,state1 local1 and tribal agencies that have jurisdiction on the southern land border or in the maritime environment along the southern border1 and private property owners in the ,united ,states to minimize the impact on the environment1 culture1 commerce1 quality of life for the communities and residents located near the sites at which physical barriers1 tactical infrastructure1 and technology are to be constructed4 2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i71 as amended1 the following3 7ii7 ,notification ,not later than #fj days after the completion of 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 tactical infrastructure and technology that the ,secretary has determined is most practical and effective to achieve operational control and situational awareness in a specific area and the other alternatives the ,secretary considered before making such a determination4 2 7,c7 in paragraph 7#b7-- 7i7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7ii7 by striking construction of fences and inserting the construction of physical barriers2 and 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 constructing tactical infrastructure1 shall incorporate such safety features into the design of such tactical infrastructure 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 agency4 2 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 is authorized to waive all legal requirements that the ,secretary1 in the ,secretary's sole discretion1 determines necessary to ensure the expeditious construction1 installation1 operation1 and maintenance of the tactical infrastructure and technology under this section4 ,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 following3 7e7 ,construction1 installation1 and maintenance of technology ,not later than ,january #bj1 #bjba1 the ,secretary of ,homeland ,security1 in carrying out subsection 7a71 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 ,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 the term in section #b7;b7 of the ,secure ,fence ,act of #bjjf 7,public ,law #aji-cfg2 #h ,u4,s4,c4 #agja note74 7#c7 ,situational awareness defined ,the term situational awareness has the meaning given the 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#d7 ,tactical infrastructure ,the term tactical infrastructure means-- 7,a7 boat ramps1 access gates1 checkpoints1 lighting1 and roads2 and 7,b7 physical barriers 7including fencing1 border wall system1 and levee walls74 7#e7 ,technology ,the term technology means border surveillance and detection technology1 including-- 7,a7 tower-based surveillance technology2 7,b7 deployable1 lighter-than-air ground surveillance equipment2 7,c7 ,vehicle and ,dismount ,exploitation ,radars 7,,vader72 7,d7 #c-;dimensional1 seismic acoustic detection and ranging border tunneling detection technology2 7,e7 advanced unattended surveillance sensors2 7,f7 mobile vehicle-mounted and man-portable surveillance capabilities2 7,g7 unmanned aerial vehicles2 and 7,h7 predator-type unmanned aircraft systems4 4 #aaab4 ,land use or acquisition ,section #ajc7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc note7 is amended to read as follows3 7b7 7#a7 ,the ,secretary may lease1 contract for1 or buy any interest in land1 including temporary use rights1 adjacent to or in the vicinity of an international land border when the ,secretary determines that such land is essential to control and guard the boundaries and borders of the ,united ,states against any violation of this ,act4 7#b7 ,the ,secretary may lease1 contract for1 or buy any interest in land described in paragraph 7#a7 when-- 7,a7 the lawful owner of that interest fixes a price for leasing1 contracting1 or buying such interest2 and 7,b7 the ,secretary considers the price referred to in subparagraph 7,a7 to be reasonable4 7#c7 ,if the ,secretary and the lawful owner of an interest in land described in paragraph 7#a7 are unable to agree to lease1 contract for1 or buy such interest at a reasonable price for such lease1 contract1 or purchase1 the ,secretary may commence condemnation proceedings pursuant to the ,act of ,august #a1 #ahhh 7,chapter #gbh2 #be ,stat4 #ceg74 4 #aaac4 ,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 ,secretary shall ensure that ,air and ,marine ,operations operate unmanned aerial systems on the southern border of the ,united ,states for not fewer than #bd hours per day for #e days per week4 7c7 ,contract air support authorization ,the ,commissioner shall contract for any additional aviation services needed to fulfill 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 operational lead for ,u4,s4 ,customs and ,border ,protection's use of small1 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 coordinate with the ,executive ,assistant ,commissioner for ,air and ,marine ,operations of ,u4,s4 ,customs and ,border ,protection to ensure the safety of other aircraft flying in the vicinity of small1 unmanned aerial vehicles operated by ,u4,s4 ,border ,patrol4 7#c7 ,defined term ,in this subsection1 the term small1 unmanned aerial vehicle means any unmanned aerial vehicle operated by ,u4,s4 ,customs and ,border ,protection weighing less than #ee pounds4 7#d7 ,conforming amendment ,section #daa7;e77#c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;e77#c77 is amended-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 carry out the small unmanned aerial vehicle requirements under section #aaab7;f7 of the ,border ,security for ,america ,act of #bjag2 and 4 #aaad4 ,capability deployment to specific sectors and transit zone 7a7 ,in general ,not later than ,january #bj1 #bjba1 the ,secretary1 in implementing section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7as amended by section #aaaa of this ,act71 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 #b 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 #c fiscal years4 7,b7 ,increased maritime signals intelligence capabilities4 7,c7 ,to increase maritime domain awareness-- 7i7 unmanned aerial vehicles with maritime surveillance capability2 and 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 ,reimbursement related to the ,lower ,rio ,grande ,valley ,flood ,control ,project ,the ,international ,boundary and ,water ,commission is authorized to reimburse ,state and local governments for any expenses incurred before1 on1 or after the date of the enactment of this ,act by such governments in designing1 constructing1 and rehabilitating the ,lower ,rio ,grande ,valley ,flood ,control ,project of the ,commission4 7c7 ,tactical flexibility 7#a7 ,southern and northern land borders 7,a7 ,in general ,beginning on ,january #bj1 #bjbj1 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 ,not later than #ij days after the ,secretary makes any changes to such deviation1 the ,secretary shall 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 subsection 7a77#ah71 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 subsection 7a77#ah74 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 subsection 7a77#ah74 7d7 ,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 ,not later than #cj days after making a determination under paragraph 7#a71 the ,secretary 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 such determination and provide a detailed justification for such determination4 #aaae4 ,deployment of assets 7a7 ,joint briefing ,not later than ,march #a of each year1 the ,secretary 7or the ,secretary's designees7 shall conduct a joint1 comprehensive briefing for all ,members of the appropriate congressional committees on the deployment of ,department of ,homeland ,security personnel and assets along the borders of the ,united ,states4 7b7 ,content ,each briefing conducted pursuant to shall include-- 7#a7 the number and types of assets and personnel to be deployed in each sector and district2 7#b7 the cause for any change in deployments of assets and personnel in each sector and district2 and 7#c7 the anticipated impact that such deployments or change in deployments are to have in terms of the capacity of the ,department of ,homeland ,security to conduct its mission in each sector or district4 #aaaf4 ,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 #aaag4 ,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 following3 #dcd4 ,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 #bjag 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 following3 ,sec4 #dcd4 ,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 #dcd 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 #aaah4 ,national ,guard support to secure the southern border and reimbursement of ,states for deployment of the ,national ,guard at the southern border 7a7 ,in general ,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 along the southern border for the purposes of assisting ,u4,s4 ,customs and ,border ,protection to achieve situational awareness and operational control of the border4 7b7 ,assignment of operations and missions 7#a7 ,in general ,national ,guard units and personnel deployed under subsection 7a7 may be assigned such operations and missions specified in subsection 7c7 as may be necessary to secure the southern border4 7#b7 ,nature of duty ,the duty of ,national ,guard personnel performing operations and missions described in paragraph 7#a7 shall be full-time duty under title #cb1 ,united ,states ,code4 7c7 ,range of operations and missions ,the operations and missions assigned under subsection 7b7 shall include the temporary authority to-- 7#a7 construct reinforced fencing or other physical barriers2 7#b7 operate ground-based surveillance systems2 7#c7 operate unmanned and manned aircraft2 7#d7 provide radio communications interoperability between ,u4,s4 ,customs and ,border ,protection and ,state1 local1 and tribal law enforcement agencies2 7#e7 construct checkpoints along the ,southern border to bridge the gap to long-term permanent checkpoints2 and 7#f7 provide intelligence support4 7d7 ,materiel and logistical support ,the ,secretary of ,defense shall deploy such materiel1 equipment1 and logistical support as may be necessary to ensure success of the operations and missions conducted by the ,national ,guard under this section4 7e7 ,exclusion from national guard personnel strength limitations ,national ,guard personnel deployed under subsection 7a7 shall not be included in-- 7#a7 the calculation to determine compliance with limits on end strength for ,national ,guard personnel2 or 7#b7 limits on the number of ,national ,guard personnel that may be placed on active duty for operational support under section #aae of title #aj1 ,united ,states ,code4 7f7 ,reimbursement required 7#a7 ,in general ,the ,secretary of ,defense shall reimburse ,states for the cost of the deployment of any units or personnel of the ,national ,guard to perform operations and missions in full-time ,state ,active ,duty in support of a southern border mission4 ,the ,secretary of ,defense may not seek reimbursement from the ,secretary for any reimbursements paid to ,states for the costs of such deployments4 7#b7 ,limitation ,the total amount of reimbursements under this section may not exceed #ce1jjj1jjj in any fiscal year4 #aaai4 ,operation ,phalanx 7a7 ,in general ,the ,secretary of ,defense1 with the concurrence of the ,secretary1 shall provide assistance to ,u4,s4 ,customs and ,border ,protection for purposes of increasing ongoing efforts to secure the southern border4 7b7 ,types of assistance authorized ,the assistance provided under subsection 7a7 may include-- 7#a7 deployment of manned aircraft1 unmanned aerial surveillance systems1 and ground-based surveillance systems to support continuous surveillance of the southern border2 and 7#b7 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 ,authorization of appropriations ,there are authorized to be appropriated for the ,department of ,defense #ge1jjj1jjj to provide assistance under this section4 ,the ,secretary of ,defense may not seek reimbursement from the ,secretary for any assistance provided under this section4 7e7 ,reports 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,defense shall submit a report to the appropriate congressional defense committees 7as defined in section #aja7;a77#af7 of title #aj1 ,united ,states ,code7 regarding any assistance provided under subsection 7a7 during the period specified in paragraph 7#c74 7#b7 ,elements ,each report under paragraph 7#a7 shall include1 for the period specified in paragraph 7#c71 a description of-- 7,a7 the assistance provided2 7,b7 the sources and amounts of funds used to provide such assistance2 and 7,c7 the amounts obligated to provide such assistance4 7#c7 ,period specified ,the period specified in this paragraph is-- 7,a7 in the case of the first report required under paragraph 7#a71 the #ij-;day period beginning on the date of the enactment of this ,act2 and 7,b7 in the case of any subsequent report submitted under paragraph 7#a71 the calendar year for which the report is submitted4 #aabj4 ,merida ,initiative 7a7 ,sense of ,congress ,it is the sense of ,congress that assistance to ,mexico1 including assistance from the ,department of ,state and the ,department of ,defense and any aid related to the ,merida ,initiative should-- 7#a7 be focused on providing enhanced border security at ,mexico's northern and southern borders1 judicial reform1 and support for ,mexico's anti-drug efforts2 and 7#b7 return to its original focus and prioritize security1 training1 and acquisition of equipment for ,mexican security forces involved in anti-drug efforts as well as be used to train prosecutors in ongoing justice reform efforts4 7b7 ,assistance for ,mexico ,the ,secretary of ,state1 in coordination with the ,secretary and the ,secretary of ,defense1 shall provide level and consistent assistance to ,mexico-- 7#a7 to combat drug production and trafficking and related violence1 transnational organized criminal organizations1 and corruption2 7#b7 to build a secure1 modern border security system capable of preventing illegal migration2 7#c7 to support border security and cooperation with ,united ,states military1 intelligence1 and law enforcement agencies on border incursions2 7#d7 to support judicial reform1 institution building1 and rule of law activities to build judicial capacity1 address corruption and impunity1 and support human rights2 and 7#e7 to provide for training and equipment for ,mexican security forces involved in efforts to eradicate and interdict drugs4 7c7 ,allocation of funds2 report 7#a7 ,in general ,notwithstanding any other provision of law1 #ej percent of any assistance appropriated in any appropriations ,act to implement this section shall be withheld until after the ,secretary of ,state submits a written report to the congressional committees specified in paragraph 7#c7 certifying that the ,government of ,mexico is-- 7,a7 significantly reducing illegal migration1 drug trafficking1 and cross-border criminal activities on ,mexico's northern and southern borders2 7,b7 taking significant action to address corruption1 impunity1 and human rights abuses2 and 7,c7 improving the transparency and accountability of ,mexican ,federal police forces and working with ,mexican ,state and municipal authorities to improve the transparency and accountability of ,mexican ,state and municipal police forces4 7#b7 ,matters to include ,the report required under paragraph 7#a7 shall include a description of-- 7,a7 actions taken by the ,government of ,mexico to address the matters described in such paragraph2 7,b7 any relevant assessments by civil society and non-government organizations in ,mexico relating to such matters2 and 7,c7 any instances in which the ,secretary determines that the actions taken by the ,government of ,mexico are inadequate to address such matters4 7#c7 ,congressional committees specified ,the congressional committees specified in this paragraph are-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,senate2 7,d7 the ,committee on ,foreign ,relations of the ,senate2 7,e7 the ,committee on ,appropriations of the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,g7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,h7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7d7 ,notifications ,any assistance made available by the ,secretary of ,state under this section shall be subject to-- 7#a7 the notification procedures set forth in section #fcd;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcid-a72 and 7#b7 the notification requirements of-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,foreign ,relations of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7e7 ,spending plan ,not later than #de days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to the congressional committees specified in subsection 7c77#c7 a detailed spending plan for assistance to ,mexico under this section1 which shall include a strategy1 developed after consulting with relevant authorities of the ,government of ,mexico1 for-- 7#a7 combating drug trafficking and related violence and organized crime2 and 7#b7 anti-corruption and rule of law activities1 which shall include concrete goals1 actions to be taken1 budget proposals1 and a description of anticipated results4 #aaba4 ,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 shall not impede1 prohibit1 or restrict activities of ,u4,s4 ,customs and ,border ,protection on covered ,federal land to execute search and rescue operations or to prevent all unlawful entries into the ,united ,states1 including entries by terrorists1 other unlawful aliens1 instruments of terrorism1 narcotics1 and other contraband through the southern border or the northern border4 7#b7 ,applicability ,the authority of ,u4,s4 ,customs and ,border ,protection to conduct activities described in paragraph 7#a7 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 other 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 the use of motorized vehicles1 foot patrols1 and horseback to patrol the border area1 apprehend illegal entrants1 and rescue individuals2 and 7,b7 the construction1 installation1 operation and maintenance of tactical infrastructure and border technology described in section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 as amended by section #aaaa of this ,act4 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 ,archeological 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 ,religious ,freedom ,restoration ,act 7#db ,u4,s4,c4 #bjjj;bb74 7,,ii7 ,the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq474 7,,jj7 ,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-- 7#a7 shall have no force or effect on ,state lands or private lands2 and 7#b7 shall 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 of ,u4,s4 ,customs and ,border ,protection and a ,national ,park ,unit before1 on1 or after 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 #aabb4 ,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 #a member from each ,state who-- 7#a7 has at least #e 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 #aabc4 ,limitation on land owner's liability ,section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7 is amended by adding at the end the following3 7h7 ,indemnity for actions of law enforcement officers 7#a7 ,definitions ,in this subsection-- 7,a7 the term land includes roads1 water1 watercourses1 and private ways1 and buildings1 structures1 machinery1 and equipment that is attached to real property2 and 7,b7 the term owner includes the possessor of a fee interest1 a tenant1 a lessee1 an occupant1 the possessor of any other interest in land1 and any person having a right to grant permission to use the land4 7#b7 ,reimbursement authorized ,notwithstanding any other provision of law1 and subject to the availability of appropriations1 any owner of land located in the ,united ,states within #aej miles of the southern border of the ,united ,states may seek reimbursement from the ,department and the ,secretary shall pay for any adverse final tort judgment for negligence 7excluding attorneys' fees and costs7 authorized under ,federal or ,state tort law1 arising directly from any border patrol action1 such as apprehensions1 tracking1 and detention of aliens1 that is conducted on privately-owned land if-- 7,a7 such land owner has been found negligent by a ,federal or ,state court in any tort litigation2 7,b7 such land owner has not already been reimbursed for the final tort judgment1 including outstanding attorneys' fees and costs2 7,c7 such land owner did not have or does not have sufficient property insurance to cover the judgment and has had an insurance claim for such coverage denied2 and 7,d7 such tort action was brought against such land owner as a direct result of activity of law enforcement officers of the ,department of ,homeland ,security1 acting in their official capacity1 on the owner's land4 7#c7 ,exceptions ,nothing in this subsection may be construed to require the ,secretary to reimburse1 under paragraph 7#b71 a land owner for any adverse final tort judgment for negligence or to limit land owner liability which would otherwise exist for-- 7,a7 willful or malicious failure to guard or warn against a known dangerous condition1 use1 structure1 or activity likely to cause harm2 7,b7 maintaining an attractive nuisance2 7,c7 gross negligence2 or 7,d7 direct interference with1 or hindrance of1 any agent or officer of the ,federal ,government who is authorized to enforce the immigration laws during-- 7i7 a patrol of such landowner's land2 or 7ii7 any action taken to apprehend or detain any alien attempting to enter the ,united ,states illegally or to evade execution of an arrest warrant for a violation of any immigration law4 7#d7 ,savings provision ,nothing in this subsection may be construed to affect any right or remedy available pursuant to chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act74 4 #aabd4 ,eradication of carrizo cane and salt cedar ,not later than ,january #bj1 #bjba1 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 ,river4 #aabe4 ,prevention1 detection1 control1 and eradication of diseases and pests 7a7 ,definitions ,in this section3 7#a7 ,animal ,the term animal means any member of the animal kingdom 7except a human74 7#b7 ,article ,the term article means any pest or disease or any material or tangible object that could harbor a pest or disease4 7#c7 ,disease ,the term disease has the meaning given such term by the ,secretary of ,agriculture4 7#d7 ,livestock ,the term livestock means all farm-raised animals4 7#e7 ,means of conveyance ,the term means of conveyance means any personal property used for1 or intended for use for1 the movement of any other personal property4 7#f7 ,pest ,the term pest means any of the following that can directly or indirectly injure1 cause damage to1 or cause disease in human livestock1 a plant1 or a plant part3 7,a7 ,a protozoan4 7,b7 ,a plant or plant part4 7,c7 ,an animal4 7,d7 ,a bacterium4 7,e7 ,a fungus4 7,f7 ,a virus or viroid4 7,g7 ,an infectious agent or other pathogen4 7,h7 ,an arthropod4 7,i7 ,a parasite or parasitic plant4 7,j7 ,a prion4 7,k7 ,a vector4 7,l7 ,any organism similar to or allied with any of the organisms described in this paragraph4 7#g7 ,plant ,the term plant means any plant 7including any plant part7 capable of propagation1 including a tree1 a tissue culture1 a plantlet culture1 pollen1 a shrub1 a vine1 a cutting1 a graft1 a scion1 a bud1 a bulb1 a root1 and a seed4 7#h7 ,state ,the term ,state means any of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,virgin ,islands of the ,united ,states1 and any territory or possession of the ,united ,states4 7b7 ,detection1 control1 and eradication of the spread of diseases and pests 7#a7 ,in general ,the ,secretary of ,agriculture may carry out operations and measures to prevent1 detect1 control1 or eradicate the spread of any pest or disease of livestock or plant that threatens any segment of agriculture4 7#b7 ,compensation 7,a7 ,in general ,the ,secretary of ,agriculture may pay a claim arising out of-- 7i7 the destruction of any animal1 plant1 plant part1 article1 or means of conveyance consistent with the purposes of this section2 and 7ii7 implementing measures to prevent1 detect1 control1 or eradicate the spread of any pest disease of livestock or plant that threatens any segment of agriculture4 7,b7 ,specific cooperative programs ,the ,secretary of ,agriculture shall compensate industry participants and ,state agencies that cooperate with the ,secretary of ,agriculture in carrying out operations and measures under this subsection for up to #ajj percent of eligible costs relating to-- 7i7 cooperative programs involving ,federal1 ,state1 or industry participants to control diseases of low or high pathogenicity and pests in accordance with regulations issued by the ,secretary of ,agriculture2 and 7ii7 the construction and operation of research laboratories1 quarantine stations1 and other buildings and facilities for special purposes4 7,c7 ,reviewability ,the action of any officer1 employee1 or agent of the ,secretary of ,agriculture under paragraph 7#a7 shall not be subject to review by any officer or employee of the ,federal ,government other than the ,secretary of ,agriculture or a designee of the ,secretary of ,agriculture4 7c7 ,cooperation 7#a7 ,in general ,in carrying out this section1 the ,secretary of ,agriculture may cooperate with other ,federal agencies1 ,states1 ,state agencies1 political subdivisions of ,states1 national and local governments of foreign countries1 domestic and international organizations and associations1 domestic nonprofit corporations1 ,indian tribes1 and other persons4 7#b7 ,responsibility ,the person or other entity cooperating with the ,secretary of ,agriculture shall be responsible for the authority necessary to carry out operations or measures-- 7,a7 on all land and property within a foreign country or ,state1 or under the jurisdiction of an ,indian tribe1 other than on land and property owned or controlled by the ,united ,states2 and 7,b7 using other facilities and means1 as determined by the ,secretary of ,agriculture4 7d7 ,funding ,for fiscal year #bjah1 and for each subsequent fiscal year1 the ,secretary of ,agriculture shall use such funds from the ,commodity ,credit ,cooperation as may be necessary to carry out operations and measures to prevent1 detect1 control1 or eradicate the spread of any pest or disease of livestock or plant that threatens any segment of agriculture4 7e7 ,reimbursement ,the ,secretary of ,agriculture shall reimburse any ,federal agency1 ,state1 ,state agency1 political subdivision of a ,state1 national or local government of a foreign country1 domestic or international organization or association1 domestic nonprofit corporation1 ,indian tribe1 or other person for specified costs1 as prescribed by the ,secretary of ,agriculture1 in the discretion of the ,secretary of ,agriculture1 that result from cooperation with the ,secretary of ,agriculture in carrying out operations and measures under this section4 #aabf4 ,transnational criminal organization illicit spotter prevention and detection 7a7 ,unlawfully hindering immigration1 border1 and customs controls 7#a7 ,enhanced penalties ,chapter #i of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acea et seq47 is amended by adding at the end the following3 #bie4 ,unlawfully hindering immigration1 border1 and customs controls 7a7 ,illicit spotting ,any person who knowingly transmits1 by any means1 to another person the location1 movement1 or activities of any ,federal1 ,state1 local1 or tribal law enforcement agency with the intent to further a ,federal crime relating to ,united ,states immigration1 customs1 controlled substances1 agriculture1 monetary instruments1 or other border controls shall be fined under title #ah1 imprisoned not more than #aj years1 or both4 7b7 ,destruction of ,united ,states border controls ,any person who knowingly and without lawful authorization destroys1 alters1 or damages 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 seeks 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 entry-- 7#a7 shall be fined under title #ah1 imprisoned not more than #aj years1 or both2 and 7#b7 if1 at the time of the offense1 the person uses or carries a firearm or who1 in furtherance of any such crime1 possesses a firearm1 shall be fined under title #ah1 imprisoned not more than #bj years1 or both4 7c7 ,conspiracy and attempt ,any person who attempts or conspires to violate subsection 7a7 or 7b7 shall be punished in the same manner as a person who completes a violation of such subsection4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bid the following3 ,sec4 #bie4 ,unlawfully hindering immigration1 border1 and customs controls4 4 7b7 ,carrying or using a firearm during and in relation to an alien smuggling crime ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by inserting 1 alien smuggling crime1 after crime of violence each place that term appears2 and 7,b7 in subparagraph 7,d77ii71 by inserting 1 alien smuggling crime1 after crime of violence2 7#b7 by striking paragraphs 7#b7 through 7#d72 7#c7 by redesignating paragraph 7#e7 as paragraph 7#b72 and 7#d7 by adding at the end the following3 7#c7 ,for purposes of this subsection-- 7,a7 the term alien smuggling crime means any felony punishable under section #bgd7;a71 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a71 #acbg1 and #acbh72 7,b7 the term brandish means1 with respect to a firearm1 to display all or part of the firearm1 or otherwise make the presence of the firearm known to another person1 in order to intimidate that person1 regardless of whether the firearm is directly visible to that person2 7,c7 the term crime of violence means a felony offense that-- 7i7 has as an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7ii7 by its nature1 involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense2 and 7,d7 the term drug trafficking crime means any felony punishable under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df4 4 7c7 ,statute of limitations ,section #cbih of title #ah1 ,united ,states ,code1 is amended by inserting 1 or #bie after #bgd7;a74 #aabg4 ,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 and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives 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 of ,homeland ,security along the southern border2 7,e7 the current percentage of operational control achieved by the ,department of ,homeland ,security along 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 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 the later of #ahj days after the submission of the threat analysis required under subsection 7a7 or ,june #cj1 #bjah1 and every #e years thereafter1 the ,secretary1 acting through the ,chief of the ,u4,s4 ,border ,patrol1 and in consultation with the ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 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 of ,homeland ,security 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 ,department of ,homeland ,security2 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 ,department of ,homeland ,security1 including any relevant task forces of the ,department of ,homeland ,security2 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 #aabh4 ,amendments to ,u4,s4 ,customs and ,border ,protection 7a7 ,duties ,section #daa7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;c77 is amended-- 7#a7 in paragraph 7#ah71 by striking and at the end2 7#b7 by redesignating paragraph 7#ai7 as paragraph 7#ba72 and 7#c7 by inserting after paragraph 7#ah7 the following3 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 seq472 and 4 7b7 ,office of ,field ,operations staffing ,section #daa7;g77#e77;,a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7;g77#e77;,a77 is amended by striking the period at the end and inserting the following3 compared to the number indicated by the current fiscal year work flow staffing model44 7c7 ,implementation plan ,section #had7;e77#a77;,b7 of the ,preclearance ,authorization ,act of #bjae 7#ai ,u4,s4,c4 #ddcc7;e77#a77;,b77 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 #aabi4 ,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 ,act7 and section #aaac of this ,act1 the ,secretary1 to the greatest extent practicable1 shall 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 #aacj4 ,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 #aaag of this ,act1 is further amended by adding at the end the following3 #dce4 ,integrated ,border ,enforcement ,teams 7a7 ,establishment ,the ,secretary shall establish within the ,department a program1 which shall be known as the ,integrated ,border ,enforcement ,team program 7referred to in this section as the ,,ibet program74 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 ,i,b,e,ts 7#a7 ,composition ,i,b,e,ts shall be led by the ,u4,s4 ,border ,patrol and may be comprised of personnel from-- 7,a7 other subcomponents of ,u4,s4 ,customs and ,border ,protection2 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement1 led by ,homeland ,security ,investigations2 7,c7 the ,coast ,guard1 for the purpose of securing the maritime borders of the ,united ,states2 7,d7 other ,department personnel1 as appropriate2 7,e7 other ,federal departments and agencies1 as appropriate2 7,f7 appropriate ,state law enforcement agencies2 7,g7 foreign law enforcement partners2 7,h7 local law enforcement agencies from affected border cities and communities2 and 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-- 7,a7 whether the region in which the ,,ibet would be established is significantly impacted by cross-border threats2 7,b7 the availability of ,federal1 ,state1 local1 tribal1 and foreign law enforcement resources to participate in an ,,ibet2 and 7,c7 whether 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 7g7 ,report ,not later than #ahj days after the date on which an ,,ibet is established1 and biannually thereafter for the following #f years1 the ,secretary shall submit a report to the appropriate congressional committees1 including the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives1 and in the case of ,coast ,guard personnel used to secure the maritime borders of the ,united ,states1 to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 ,the report required under this subsection shall-- 7#a7 describe 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 address ways to support joint training for ,,ibet stakeholder agencies and radio interoperability to allow for secure cross-border radio communications2 and 7#d7 assess 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 #dcd1 as added by section #aaag7;b71 the following3 ,sec4 #dce4 ,integrated ,border ,enforcement ,teams4 4 #aaca4 ,tunnel ,task ,forces ,the ,secretary is authorized to establish ,tunnel ,task ,forces for the purposes of detecting and remediating tunnels that breach the international borders of the ,united ,states4 #b ,personnel #aada4 ,additional ,u4,s4 ,customs and ,border ,protection agents and officers 7a7 ,border patrol agents ,not later than ,september #cj1 #bjba1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection 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 #bjba-- 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 #bjba1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection 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 #bjba1 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 #bjba1 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 ,horse unit support ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection 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 units4 7f7 ,u4,s4 ,customs and ,border ,protection search trauma and rescue teams ,not later than ,september #cj1 #bjba1 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 #bjba1 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 #bjba1 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 #bjba1 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 ,,gao report ,if the staffing levels required under this section are not achieved by ,september #cj1 #bjba1 the ,comptroller ,general of the ,united ,states shall conduct a review of the reasons why such levels were not achieved4 #aadb4 ,u4,s4 ,customs and ,border ,protection retention incentives 7a7 ,definitions ,in this section3 7#a7 ,covered area ,the term covered area means a geographic area that the ,secretary determines is in a remote location or is an area for which it is difficult to find full-time permanent covered ,,cbp employees1 as compared to other ports of entry or ,border ,patrol sectors4 7#b7 ,covered ,,cbp employee ,the term covered ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection performing activities that are critical to border security or customs enforcement1 as determined by the ,commissioner4 7#c7 ,rate of basic pay ,the term rate of basic pay-- 7,a7 means the rate of pay fixed by law or administrative action for the position to which an employee is appointed before deductions and including any special rate under subpart ,c of part #ecj of title #e1 ,code of ,federal ,regulations1 or similar payment under other legal authority1 and any locality-based comparability payment under subpart ,f of part #eca of title #e1 ,code of ,federal ,regulations1 or similar payment under other legal authority1 but excluding additional pay of any other kind2 and 7,b7 does not include additional pay1 such as night shift differentials under section #ecdc7;f7 of title #e1 ,united ,states ,code1 or environmental differentials under section #ecdc7;c77#d7 of such title4 7#d7 ,special rate of pay ,the term special rate of pay means a higher than normal rate of pay that exceeds the otherwise applicable rate of basic pay for a similar covered ,,cbp employee at a land port of entry4 7b7 ,hiring incentives 7#a7 ,in general ,to the extent necessary for ,u4,s4 ,customs and ,border ,protection to hire1 train1 and deploy qualified officers and employees1 and to the extent necessary to meet the requirements set forth in section #aada1 the ,commissioner1 with the approval of the ,secretary1 may pay a hiring bonus of #aj1jjj to a covered ,,cbp employee1 after the covered ,,cbp completes initial basic training and executes a written agreement required under paragraph 7#b74 7#b7 ,written agreement ,the payment of a hiring bonus to a covered ,,cbp employee under paragraph 7#a7 is contingent upon the covered ,,cbp employee entering into a written agreement with ,u4,s4 ,customs and ,border ,protection to complete more than #b years of employment with ,u4,s4 ,customs and ,border ,protection beginning on the date on which the agreement is signed4 ,such agreement shall include-- 7,a7 the amount of the hiring bonus2 7,b7 the conditions under which the agreement may be terminated before the required period of service is completed and the effect of such termination2 7,c7 the length of the required service period2 and 7,d7 any other terms and conditions under which the hiring bonus is payable1 subject to the requirements under this section4 7#c7 ,form of payment ,a signing bonus paid to a covered ,,cbp employee under paragraph 7#a7 shall be paid in a single payment after the covered ,,cbp employee completes initial basic training and enters on duty and executed the agreement under paragraph 7#b74 7#d7 ,exclusion of signing bonus from rate of pay ,a signing bonus paid to a covered ,,cbp employee under paragraph 7#a7 shall not be considered part of the rate of basic pay of the covered ,,cbp employee for any purpose4 7#e7 ,effective date and sunset ,this subsection shall take effect on the date of the enactment of this ,act and shall remain in effect until the earlier of-- 7,a7 ,september #cj1 #bjba2 or 7,b7 the date on which ,u4,s4 ,customs and ,border ,protection has met the requirements under subsections 7a7 and 7b7 of section #aada4 7c7 ,retention incentives 7#a7 ,in general ,to the extent necessary for ,u4,s4 ,customs and ,border ,protection to retain qualified employees1 and to the extent necessary to meet the requirements set forth in section #aada1 the ,commissioner1 with the approval of the ,secretary1 may pay a retention incentive to a covered ,,cbp employee who has been employed with ,u4,s4 ,customs and ,border ,protection for a period exceeding #b consecutive years1 and the ,commissioner determines that1 in the absence of the retention incentive1 the covered ,,cbp employee would likely-- 7,a7 leave the ,federal service2 or 7,b7 transfer to1 or be hired into1 a different position within the ,department 7other than another position in ,,cbp74 7#b7 ,written agreement ,the payment of a retention incentive to a covered ,,cbp employee under paragraph 7#a7 is contingent upon the covered ,,cbp employee entering into a written agreement with ,u4,s4 ,customs and ,border ,protection to complete more than #b years of employment with ,u4,s4 ,customs and ,border ,protection beginning on the date on which the ,,cbp employee enters on duty and the agreement is signed4 ,such agreement shall include-- 7,a7 the amount of the retention incentive2 7,b7 the conditions under which the agreement may be terminated before the required period of service is completed and the effect of such termination2 7,c7 the length of the required service period2 and 7,d7 any other terms and conditions under which the retention incentive is payable1 subject to the requirements under this section4 7#c7 ,criteria ,when determining the amount of a retention incentive payable to a covered ,,cbp employee under paragraph 7#a71 the ,commissioner shall consider-- 7,a7 the length of the ,federal service and experience of the covered ,,cbp employee2 7,b7 the salaries for law enforcement officers in other ,federal agencies2 and 7,c7 the costs of replacing the covered ,,cbp employee1 including the costs of training a new employee4 7#d7 ,amount of retention incentive ,a retention incentive paid to a covered ,,cbp employee under paragraph 7#a7-- 7,a7 shall be approved by the ,secretary and the ,commissioner2 7,b7 shall be stated as a percentage of the employee's rate of basic pay for the service period associated with the incentive2 and 7,c7 may not exceed #be1jjj for each year of the written agreement4 7#e7 ,form of payment ,a retention incentive paid to a covered ,,cbp employee under paragraph 7#a7 shall be paid as a single payment at the end of the fiscal year in which the covered ,,cbp employee entered into an agreement under paragraph 7#b71 or in equal installments during the life of the service agreement1 as determined by the ,commissioner4 7#f7 ,exclusion of retention incentive from rate of pay ,a retention incentive paid to a covered ,,cbp employee under paragraph 7#a7 shall not be considered part of the rate of basic pay of the covered ,,cbp employee for any purpose4 7d7 ,pilot program on special rates of pay in covered areas 7#a7 ,in general ,the ,commissioner may establish a pilot program to assess the feasibility and advisability of using special rates of pay for covered ,,cbp employees in covered areas1 as designated on the date of the enactment of this ,act1 to help meet the requirements under section #aada4 7#b7 ,maximum amount ,the rate of basic pay of a covered ,,cbp employee paid a special rate of pay under the pilot program may not exceed #abe percent of the otherwise applicable rate of basic pay of the covered ,,cbp employee4 7#c7 ,termination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the pilot program shall terminate on the date that is #b years after the date of the enactment of this ,act4 7,b7 ,extension ,if the ,secretary determines that the pilot program is performing satisfactorily and there are metrics that prove its success in meeting the requirements set forth in section #aada1 the ,secretary may extend the pilot program until the date that is #d years after the date of the enactment of this ,act4 7#d7 ,report to congress ,shortly after the termination of the pilot program under paragraph 7#c71 the ,commissioner shall submit a report 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 the ,committee on the ,judiciary of the ,house of ,representatives that details-- 7,a7 the total amount paid to covered ,,cbp employees under the pilot program2 and 7,b7 the covered areas in which the pilot program was implemented4 7e7 ,salaries 7#a7 ,in general ,section #aja7;b7 of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agaa7;b77 is amended to read as follows3 7b7 ,authorization of appropriations for ,,cbp employees ,there are authorized to be appropriated to ,u4,s4 ,customs and ,border ,protection such sums as may be necessary to increase1 effective ,january #a1 #bjah1 the annual rate of basic pay for ,u4,s4 ,customs and ,border ,protection employees who have completed at least #a year of service-- 7#a7 to the annual rate of basic pay payable for positions at ,,gs-#ab1 step #a of the ,general ,schedule under subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 for officers and agents who are receiving the annual rate of basic pay payable for a position at ,,gs-#e1 ,,gs-#f1 ,,gs-#g1 ,,gs-#h1 or ,,gs-#i of the ,general ,schedule2 7#b7 to the annual rate of basic pay payable for positions at ,,gs-#ab1 step #aj of the ,general ,schedule under such subchapter for supervisory ,,cbp officers and supervisory agents who are receiving the annual rate of pay payable for a position at ,,gs-#aj of the ,general ,schedule2 7#c7 to the annual rate of basic pay payable for positions at ,,gs-#ad1 step #a of the ,general ,schedule under such subchapter for supervisory ,,cbp officers and supervisory agents who are receiving the annual rate of pay payable for a position at ,,gs-#aa of the ,general ,schedule2 7#d7 to the annual rate of basic pay payable for positions at ,,gs-#ab1 step #aj of the ,general ,schedule under such subchapter for supervisory ,,cbp officers and supervisory ,border ,patrol agents who are receiving the annual rate of pay payable for a position at ,,gs-#ab or ,,gs-#ac of the ,general ,schedule2 and 7#e7 to the annual rate of basic pay payable for positions at ,,gs-#h1 ,,gs-#i1 or ,,gs-#aj of the ,general ,schedule for assistants who are receiving an annual rate of pay payable for positions at ,,gs-#e1 ,,gs-#f1 or ,,gs-#g of the ,general ,schedule1 respectively4 4 7#b7 ,hardship duty pay ,in addition to compensation to which ,border ,patrol agents are otherwise entitled1 ,border ,patrol agents who are assigned to rural areas shall be entitled to receive hardship duty pay1 in lieu of a retention incentive under subsection 7b71 in an amount determined by the ,commissioner1 which may not exceed the rate of special pay to which members of a uniformed service are entitled under section #caj of title #cg1 ,united ,states ,code4 7#c7 ,overtime limitation ,section #e7;c77#a7 of the ,act of ,february #ac1 #aiaa 7#ai ,u4,s4,c4 #bfg7;c77#a77 is amended by striking #be1jjj and inserting #de1jjj4 #aadc4 ,anti-,border ,corruption ,reauthorization ,act 7a7 ,short title ,this section may be cited as the ,building ,america's ,trust ,act4 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 following3 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 #c 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 during the past #aj 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 #c 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 #c 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 #e 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 #d years after the date of the enactment of the ,building ,america's ,trust ,act4 4 7c7 ,supplemental commissioner authority and definitions 7#a7 ,supplemental commissioner authority ,section #d of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf7 is amended to read as follows3 #d4 ,supplemental commissioner authority 7a7 ,nonexemption ,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 and 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 for1 or receives a waiver under1 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 following3 #e4 ,reporting 7a7 ,annual report ,not later than #a year after the date of the enactment of the ,building ,america's ,trust ,act1 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 a report to ,congress 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 following3 #f4 ,definitions ,in this ,act3 7#a7 ,federal law enforcement officer ,the term ,federal law enforcement officer has the meaning given the term law enforcement officer in sections #hcca7bj7 and #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 ,federal ,investigative ,standards prescribed by the ,office of ,personnel ,management and the ,office of the ,director of ,national ,intelligence in ,december #bjab4 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 #bjba1 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 section4 #aadd4 ,training for officers and agents of ,u4,s4 ,customs and ,border ,protection 7a7 ,in general ,section #daa7l7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7l77 is amended to read as follows3 7l7 ,training and continuing education 7#a7 ,mandatory training and continuing education ,the ,commissioner shall ensure that every agent and officer of ,u4,s4 ,customs and ,border ,protection receives at least #ba weeks of training that is 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 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 #h 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 #a 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 #a 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 a report to the ,committee on ,finance of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,ways and ,means of the ,house of ,representatives that identifies the guidelines and curriculum established to carry out section #daa7l7 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 of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs 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 7a74 #aade4 ,additional ,u4,s4 ,immigration and ,customs ,enforcement personnel 7a7 ,enforcement and removal officers ,by not later than ,september #cj1 #bjba1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall increase the number of trained1 full-time1 active duty ,u4,s4 ,immigration and ,customs ,enforcement ,enforcement and ,removal ,operations law enforcement officers performing interior immigration enforcement functions to not fewer than #h1ejj4 7b7 ,homeland ,security ,investigations special agents ,by not later than ,september #cj1 #bjba1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall increase the number of trained1 full-time1 active duty ,homeland ,security ,investigations special agents by not fewer than #a1ejj4 7c7 ,border ,enforcement ,security ,task ,force ,by not later than ,september #cj1 #bjba1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall assign not fewer than #ajj ,homeland ,security ,investigations special agents to the ,border ,enforcement ,security ,task ,force ,program established under section #dcb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bdj74 #aadf4 ,other immigration and law enforcement personnel 7a7 ,department of ,justice 7#a7 ,united states attorneys ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing attorney vacancies within the ,department of ,justice on such date of enactment1 the ,attorney ,general shall-- 7,a7 increase by not fewer than #ajj the number of ,assistant ,united ,states ,attorneys1 and 7,b7 increase by not fewer than #ej the number of ,special ,assistant ,united ,states ,attorneys in the ,united ,states ,attorneys' office to litigate denaturalization and other immigration cases in the ,federal courts4 7#b7 ,immigration judges 7,a7 ,additional immigration judges ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing vacancies within the ,department of ,justice on such date of enactment1 and subject to the availability of appropriations1 the ,attorney ,general shall increase by #bjj the number of trained full-time immigration judges4 7,b7 ,facilities and support personnel ,the ,attorney ,general is authorized to procure space1 temporary facilities1 and support staff1 on an expedited basis1 to accommodate the additional immigration judges authorized under subparagraph 7,a74 7#c7 ,board of immigration appeals 7,a7 ,board members ,by not later than ,september #cj1 #bjba1 the ,attorney ,general shall increase the number of ,board ,members authorized to serve on the ,board of ,immigration ,appeals to #be4 7,b7 ,staff attorneys ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing staff attorney vacancies within the ,department of ,justice on such date of enactment1 and subject to the availability of appropriations1 the ,attorney ,general shall increase the number of staff attorneys assigned to support the ,board of ,immigration ,appeals by not fewer than #ej4 7,c7 ,facilities and support personnel ,the ,attorney ,general is authorized to procure space1 temporary facilities1 and required administrative support staff1 on an expedited basis1 to accommodate the additional ,board ,members authorized under subparagraph 7,a74 7#d7 ,office of immigration litigation ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing vacancies within the ,department of ,justice on such date of enactment1 and subject to the availability of appropriations1 the ,attorney ,general shall increase by not fewer than #ajj the number of attorneys for the ,office of ,immigration ,litigation4 7b7 ,department of ,homeland ,security 7#a7 ,fraud detection and national security officers ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing officer vacancies within the ,department of ,homeland ,security on such date of enactment1 and subject to the availability of appropriations1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall increase by not fewer than #ajj the number of trained full-time active duty ,fraud ,detection and ,national ,security 7,,fdns7 officers4 7#b7 ,,ice homeland security investigations forensic document laboratory personnel ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing officer vacancies within the ,department of ,homeland ,security on such date of enactment1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall increase-- 7,a7 the number of trained1 full-time ,forensic ,document ,laboratory ,examiners by #ae2 7,b7 the number of trained1 full-time ,fingerprint ,specialists by #ae2 7,c7 the number of trained1 full-time ,intelligence ,officers by #aj2 and 7,d7 the number of trained1 full-time administrative staff by #c4 7#c7 ,immigration attorneys 7,a7 ,office of the principal legal advisor attorneys ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing attorney vacancies within the ,department of ,homeland ,security on such date of enactment1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall increase the number of trained1 full-time1 active duty ,office of ,principal ,legal ,advisor attorneys by not fewer than #a1bjj4 ,the majority of such attorneys shall perform duties related to litigation of removal proceedings and representing the ,department of ,homeland ,security in immigration matters before the immigration courts within the ,department of ,justice1 the ,executive ,office for ,immigration ,review1 and enforcement of ,u4,s4 customs and trade laws4 ,at least #ej of these additional attorney positions shall be by the ,attorney ,general to increase the number of ,u4,s4 ,immigration and ,customs ,enforcement attorneys serving as ,special ,assistant ,u4,s4 ,attorneys1 on detail to the ,department of ,justice1 ,offices of the ,u4,s4 ,attorneys1 to assist with immigration-related litigation4 7,b7 ,,uscis immigration attorneys ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing attorney vacancies within the ,department of ,homeland ,security on such date of enactment1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall increase the number of trained1 full-time1 active duty ,office of ,chief ,counsel attorneys by not fewer than #bej4 ,such attorneys shall primarily handle national security and public safety cases1 denaturalization cases1 and legal sufficiency reviews of immigration benefit decisions4 ,at least #ej of these additional attorney positions shall be used by the ,attorney ,general to increase the number of ,u4,s4 ,citizenship and ,immigration ,service attorneys serving as ,special ,assistant ,u4,s4 ,attorneys1 on detail to the ,department of ,justice1 ,offices of the ,u4,s4 ,attorneys1 to assist with immigration-related litigation4 7,c7 ,facilities and support personnel ,the ,attorney ,general and ,secretary are authorized to procure space1 temporary facilities1 and to hire the required administrative and legal support staff1 on an expedited basis1 to accommodate the additional positions authorized under this paragraph4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated1 for each of the fiscal years #bjah through #bjba1 such sums as may be necessary to carry out this subsection4 7c7 ,department of ,state 7#a7 ,visa specialists ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing attorney vacancies within the ,department on such date of enactment1 the ,assistant ,secretary of ,state for ,consular ,affairs shall increase the number of trained1 full-time analysts within the ,bureau of ,consular ,affairs by not fewer than #ej4 ,such analysts primarily should handle and advise on cases and matters involving the potential for visa denial on the basis of national security and public safety concerns4 7#b7 ,immigration attorneys ,by not later than ,september #cj1 #bjba1 in addition to positions authorized before the date of the enactment of this ,act and any existing attorney vacancies within the ,department on such date of enactment1 the ,assistant ,secretary of ,state for ,consular ,affairs shall increase the number of trained1 full-time1 active attorneys adviser within the ,bureau of ,consular ,affairs by not fewer than #be4 ,such attorneys primarily should handle and advise on cases and matters involving the potential for visa denial on the basis of national security and public safety concerns4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated1 for each of the fiscal years #bjah through #bjba1 #ae1jjj1jjj to carry out this section4 #aadg4 ,judicial resources for border security 7a7 ,border crossing prosecutions2 ,criminal ,consequence ,initiative 7#a7 ,in general ,amounts appropriated pursuant to paragraph 7#c7 shall be used-- 7,a7 to increase the number of criminal prosecutions for unlawful border crossing in each and every sector of the southern border by not less than #hj percent per day1 as compared to the average number of such prosecutions per day during the #ab-month period preceding the date of the enactment of this ,act1 by increasing funding for-- 7i7 attorneys and administrative support staff in offices of ,united ,states attorneys2 7ii7 support staff and interpreters in court clerks' offices2 7iii7 pre-trial services2 7iv7 activities of the ,office of the ,federal ,public ,defender1 including payments to retain appointed counsel under section #cjjf;,a of title #ah1 ,united ,states ,code2 and 7v7 additional personnel1 including deputy ,united ,states marshals in the ,united ,states ,marshals ,service1 to perform intake1 coordination1 transportation1 and court security2 and 7,b7 to reimburse ,federal1 ,state1 local1 and tribal law enforcement agencies for any detention costs related to the increased border crossing prosecutions carried out pursuant to subparagraph 7,a74 7#b7 ,additional magistrate judges to assist with increased caseload ,the chief judge of each judicial district located within a sector of the southern border is authorized to appoint additional full-time magistrate judges1 who1 consistent with the ,constitution and laws of the ,united ,states1 shall have the authority to hear cases and controversies in the judicial district in which the magistrate judges are appointed4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated1 for each of the fiscal years #bjah through #bjba1 such sums as may be necessary to carry out this subsection4 7b7 ,additional permanent district court judgeships in southern border ,states 7#a7 ,in general ,the ,president shall appoint1 by and with the advice and consent of the ,senate-- 7,a7 #d additional district judges for the ,district of ,arizona2 7,b7 #b additional district judges for the ,southern ,district of ,california2 7,c7 #d additional district judges for the ,western ,district of ,texas2 and 7,d7 #b additional district judges for the ,southern ,district of ,texas4 7#b7 ,conversions of temporary district court judgeships ,the judgeships for the ,district of ,arizona and the ,central ,district of ,california authorized under section #cab7;c7 of the #bast ,century ,department of ,justice ,appropriations ,authorization ,act 7#bh ,u4,s4,c4 #acc note71 in existence on the day before the date of the enactment of this ,act1 shall be authorized under section #acc of title #bh1 ,united ,states ,code1 and the individuals holding such judgeships on such day shall hold office under section #acc of title #bh1 ,united ,states ,code1 as amended by paragraph 7#c74 7#c7 ,technical and conforming amendments ,the table contained in section #acc7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to the district of ,arizona and inserting the following3 ,arizona#ag 2 7,b7 by striking the items relating to ,california and inserting the following 3 ,california3,northern#ai;,eastern#ab;,ce ntral#bh,southern#ae 2 and 7,c7 by striking the items relating to ,texas and inserting the following 3 ,texas3,northern#ab,southern#ba;,eastern #g,western#ag 4 7c7 ,increase in filing fees 7#a7 ,in general ,section #aiad7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 by striking #cej and inserting #cge2 and 7,b7 by striking #e and inserting #g4 7#b7 ,expenditure limitation ,incremental amounts collected pursuant to the amendments made by paragraph 7#a7 shall be deposited as offsetting receipts in the special fund of the ,treasury established under section #aica of title #bh1 ,united ,states ,code4 ,such amounts shall be available solely for the purpose of facilitating the processing of civil cases1 but only to the extent specifically appropriated by an ,act of ,congress enacted after the date of the enactment of this ,act4 #aadh4 ,reimbursement to ,state and local prosecutors for federally initiated1 immigration-related criminal cases 7a7 ,in general ,the ,attorney ,general shall reimburse ,state1 county1 tribal1 and municipal governments for costs associated with the prosecution of federally initiated criminal cases declined to be prosecuted by local offices of the ,united ,states attorneys1 including costs relating to pre-trial services1 detention1 clerical support1 and public defenders' services associated to such prosecution4 7b7 ,exception ,reimbursement under subsection 7a7 shall not be available1 at the discretion of the ,attorney ,general1 if the ,attorney ,general determines that there is reason to believe that the jurisdiction seeking reimbursement has engaged in unlawful conduct in connection with immigration-related apprehensions4 #c ,grants #aaea4 ,state ,criminal ,alien ,assistance ,program ,section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting ,authorization4-- before ,if the chief2 and 7,b7 by inserting or an alien with an unknown status after undocumented criminal alien each place that term appears2 7#b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,compensation 7,a7 ,calculation of compensation ,compensation under paragraph 7#a77;,a7 shall be the average cost of incarceration of a prisoner in the relevant ,state1 as determined by the ,attorney ,general4 7,b7 ,compensation of state for incarceration ,the ,attorney ,general shall compensate the ,state or political subdivision of the ,state1 in accordance with subparagraph 7,a71 for the incarceration of an alien-- 7i7 whose immigration status cannot be verified by the ,secretary2 and 7ii7 who would otherwise be an undocumented criminal alien if the alien is unlawfully present in the ,united ,states4 7#c7 ,definitions ,in this subsection3 7,a7 ,alien with an unknown status ,the term alien with an unknown status means an individual-- 7i7 who has been incarcerated by a ,federal1 ,state1 or local law enforcement entity2 and 7ii7 whose immigration status cannot be definitively identified4 7,b7 ,undocumented criminal alien ,the term undocumented criminal alien means an alien who-- 7i7 has been charged with or convicted of a felony or any misdemeanors2 and 7ii7 7,i7 entered the ,united ,states without inspection or at any time or place other than as designated by the ,secretary2 7,,ii7 was the subject of exclusion or deportation or removal proceedings at the time he or she was taken into custody by the ,state or a political subdivision of the ,state2 or 7,,iii7 was admitted as a nonimmigrant and1 at the time he or she was taken into custody by the ,state or a political subdivision of the ,state1 has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section #bdh1 or to comply with the conditions of any such status4 2 7#c7 in paragraph 7#d71 by inserting and aliens with an unknown status after undocumented criminal aliens each place that term appears2 7#d7 in paragraph 7#e77;,c71 by striking to carry out this subsection and all that follows and inserting #iej1jjj1jjj1 for each of the fiscal years #bjah through #bjba1 to carry out this subsection42 and 7#e7 by adding at the end the following3 7#g7 ,distribution of reimbursement ,any funds provided to a ,state or a political subdivision of a ,state as compensation under paragraph 7#a77;,a7 for a fiscal year shall be distributed to such ,state or political subdivision not later than #abj days after the last day of the period specified by the ,attorney ,general for the submission of requests under that paragraph for that fiscal year4 4 #aaeb4 ,southern border security assistance grants 7a7 ,authority 7#a7 ,in general ,the ,secretary1 in consultation with ,state and local law enforcement agencies1 may award border security assistance grants to law enforcement agencies located in the ,southwest border region for the purposes described in subsection 7b74 7#b7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to law enforcement agencies located in a county that is located within #be miles of the ,southern border4 7b7 ,purposes ,each grant awarded under subsection 7a7 shall be used to address drug trafficking1 smuggling1 and border violence-- 7#a7 by obtaining law enforcement equipment and tools1 including secure #b-way communication devices1 portable laptops and office computers1 license plate readers1 unmanned aerial vehicles1 unmanned aircraft systems1 manned aircraft1 cameras with night viewing capabilities1 and any other appropriate law enforcement equipment2 7#b7 by hiring additional personnel1 including administrative support personnel1 dispatchers1 and jailers1 and to provide overtime pay for such personnel2 7#c7 by purchasing law enforcement vehicles2 7#d7 by providing high performance aircraft and helicopters for border surveillance and other critical mission applications and paying for the operational and maintenance costs associated with such craft2 7#e7 by providing critical power generation systems1 infrastructure1 and technological upgrades to support ,state and local data management systems and fusion centers2 or 7#f7 by providing specialized training and paying for the direct operating expenses associated with detecting and prosecuting drug trafficking1 human smuggling1 and other illegal activity or violence that occurs at or near the ,southern border4 7c7 ,application 7#a7 ,requirement ,a law enforcement agency seeking a grant under subsection 7a71 or a nonprofit organization or coalition acting as an agent for #a or more such law enforcement entities1 shall submit an application to the ,secretary that includes the information described in paragraph 7#b7 at such time and in such manner as the ,secretary may require4 7#b7 ,content ,each application submitted under paragraph 7#a7 shall include-- 7,a7 a description of the activities to be carried out with a grant awarded under subsection 7a72 7,b7 if equipment will be purchased with the grant1 a detailed description of-- 7i7 the type and quantity of such equipment2 and 7ii7 the personnel who will be using such equipment2 7,c7 a description of the need of the law enforcement agency or agencies for the grant1 including a description of the inability of the agency or agencies to carry out the proposed activities without the grant2 and 7,d7 an assurance that the agency or agencies will1 to the extent practicable1 seek1 recruit1 and hire women and members of racial and ethnic minority groups in law enforcement positions of the agency or agencies4 7d7 ,review and award 7#a7 ,review ,not later than #ij days after receiving an application submitted under subsection 7c71 the ,secretary shall review and approve or reject the application4 7#b7 ,award of funds ,subject to the availability of appropriations1 not later than #de days after the date an application is approved under paragraph 7#a71 the ,secretary shall transmit the grant funds to the applicant4 7#c7 ,priority ,in distributing grant funds under this subsection1 priority shall be given to high-intensity areas for drug trafficking1 smuggling1 and border violence4 7e7 ,authorization of appropriations ,there is authorized to be appropriated1 for each of the fiscal years #ajai and #bjbj1 #cjj1jjj1jjj for grants authorized under this section4 #aaec4 ,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 following3 #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 #bjag ,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 the fiscal years #bjah through #bjbb1 the ,administrator shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives containing information on the expenditure of grants made under this section by each grant recipient4 7f7 ,authorization of appropriations ,there is authorized to be appropriated #aaj1jjj1jjj1 for each of the fiscal years #bjah through #bjbb1 for grants under this section4 4 7b7 ,conforming amendment ,section #bjjb7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc7;a77 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 #aaed4 ,grants for identification of victims of cross-border human smuggling ,in addition to any funding for grants made available to the ,attorney ,general for ,state and local law enforcement assistance1 the ,attorney ,general shall award grants to county1 municipal1 or tribal governments in ,states along the southern border for costs1 or reimbursement of costs1 associated with the transportation and processing of unidentified alien remains that have been transferred to an official medical examiner's office or an institution of higher education in the area with the capacity to analyze human remains using forensic best practices1 including ,,dna testing1 where such expenses may contribute to the collection and analysis of information pertaining to missing and unidentified persons4 #aaee4 ,grant accountability 7a7 ,definitions ,in this section3 7#a7 ,awarding entity ,the term awarding entity means the ,secretary1 the ,administrator of the ,federal ,emergency ,management ,agency1 the ,director of the ,national ,science ,foundation1 or the ,chief of the ,office of ,citizenship and ,new ,americans4 7#b7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7#c7 ,unresolved audit finding ,the term unresolved audit finding means a finding in a final audit report conducted by the ,inspector ,general of the ,department of ,homeland ,security1 or the ,inspector ,general for the ,national ,science ,foundation for grants awarded by the ,director of the ,national ,science ,foundation1 that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within one year after the date when the final audit report is issued4 7b7 ,accountability ,all grants awarded by an awarding entity pursuant to this subtitle shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,audits ,beginning in the first fiscal year beginning after the date of the enactment of this ,act1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,homeland ,security1 or the ,inspector ,general for the ,national ,science ,foundation for grants awarded by the ,director of the ,national ,science ,foundation1 shall conduct audits of recipients of grants under this subtitle or any amendments made by this subtitle to prevent waste1 fraud1 and abuse of funds by grantees4 ,such ,inspectors ,general shall determine the appropriate number of grantees to be audited each year4 7,b7 ,mandatory exclusion ,a recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle or any amendment made by this subtitle during the first #b fiscal years beginning after the end of the #a-year period described in subsection 7,a74 7,c7 ,priority ,in awarding a grant under this subtitle or any amendment made by this subtitle1 the awarding entity shall give priority to eligible applicants that did not have an unresolved audit finding during the #c fiscal years immediately preceding the date on which the entity submitted the application for such grant4 7,d7 ,reimbursement ,if an entity is awarded grant funds under this subtitle or any amendment made by this subtitle during the #b-year period when the entity is barred from receiving grants under subparagraph 7,b71 the awarding entity shall-- 7i7 deposit an amount equal to the amount of the grant funds that were improperly awarded to such entity into the general fund of the ,treasury2 and 7ii7 seek to recover the costs of the repayment under clause 7i7 from such entity4 7#b7 ,nonprofit organization requirements 7,a7 ,prohibition ,an awarding entity may not award a grant under this subtitle or any amendment made by this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding the tax imposed under section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,disclosure ,each nonprofit organization that is awarded a grant under this subtitle or any amendment made by this subtitle and uses the procedures prescribed by ,internal ,revenue regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the awarding entity1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the awarding entity shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,amounts authorized to be appropriated to the ,department of ,homeland ,security or the ,national ,science ,foundation for grant programs under this subtitle or any amendment made by this subtitle may not be used by an awarding entity to host or support any expenditure for conferences that uses more than #bj1jjj in funds made available by the ,department of ,homeland ,security or the ,national ,science ,foundation unless the ,deputy ,secretary for ,homeland ,security1 or the ,deputy ,director of the ,national ,science ,foundation1 or their designee1 provides prior written authorization that the funds may be expended to host the conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,secretary of ,homeland ,security and the ,deputy ,director of the ,national ,science ,foundation shall submit an annual report to ,congress that identifies all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of the enactment of this ,act1 each awarding entity shall submit a report to ,congress that-- 7,a7 indicates whether-- 7i7 all audits issued by the ,offices of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate individuals2 7ii7 all mandatory exclusions required under paragraph 7#a77;,b7 have been issued2 and 7iii7 all reimbursements required under paragraph 7#a77;,d7 have been made2 and 7,b7 includes a list of any grant recipients excluded under paragraph 7#a7 during the previous year4 #d ,authorization of ,appropriations #aafa4 ,authorization of appropriations 7a7 ,in general ,in addition to amounts otherwise authorized to be appropriated1 there are authorized to be appropriated1 for each of the fiscal years #bjah through #bjba1 #b1ejj1jjj1jjj to implement this title and the amendments made by this title1 of which-- 7#a7 #aj1jjj1jjj shall be used by the ,department of ,homeland ,security to implement ,vehicle and ,dismount ,exploitation ,radars 7,,vader7 in border security operations2 7#b7 #c1jjj1jjj shall be used by the ,department of ,homeland ,security to implement #c-;dimensional1 seismic1 acoustic detection and ranging border tunneling detection technology on the southern border2 7#c7 #bjj1jjj1jjj shall be used by the ,department of ,state to implement section #aabj2 and 7#d7 #bjj1jjj1jjj shall be used by the ,united ,states ,coast ,guard to implement section #aaad7;a77#ah74 7b7 ,high ,intensity ,drug ,trafficking ,area ,program ,section #gjg7p77#e7 of the ,office of ,national ,drug ,control ,policy ,reauthorization ,act of #aiih 7#ba ,u4,s4,c4 #agjf7p77#e77 is amended by striking to the ,office of ,national ,drug ,control ,policy and all that follows and inserting #bhj1jjj1jjj to the ,office of ,national ,drug ,control ,policy for each of the fiscal years #bjah through #bjba to carry out this section44 ,b ,emergency ,port of ,entry ,personnel and ,infrastructure ,funding #abja4 ,definitions ,in this subtitle3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,finance of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,e7 the ,committee on ,ways and ,means of the ,house of ,representatives2 and 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #abjb4 ,ports of entry infrastructure 7a7 ,additional ports of entry 7#a7 ,authority ,the ,secretary may construct new ports of entry along the northern border and the southern border and determine the location of any such new ports of entry4 7#b7 ,consultation 7,a7 ,requirement to consult ,the ,secretary shall consult with the ,secretary of ,state1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,transportation1 the ,administrator of ,general ,services1 and appropriate representatives of ,state and local governments1 and ,indian tribes1 and property owners in the ,united ,states before selecting a location for any new port constructed pursuant to paragraph 7#a74 7,b7 ,considerations ,the purpose of the consultations required under subparagraph 7,a7 shall be to minimize any negative impacts of such a new port 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-volume southern border ports of entry ,not later than ,september #cj1 #bjba1 the ,secretary shall expand or modernize the primary and secondary inspection lanes for vehicle1 cargo1 and pedestrian inbound and outbound inspection lanes at ports of entry on the southern border1 as determined by the ,secretary1 for the purposes of reducing wait times and enhancing security1 as determined by the ,secretary4 7c7 ,port of entry prioritization ,before constructing any new ports of entry pursuant to subsection 7a71 the ,secretary shall complete the expansion and modernization of ports of entry pursuant to subsection 7b7 to the extent practicable4 7d7 ,notifications 7#a7 ,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 shall submit a report to the appropriate congressional committees and the ,members of ,congress who represent the ,state or congressional district in which such new port of entry will be located that includes-- 7,a7 information relating to the location of such new port of entry2 7,b7 a description of the need for such new port of entry and associated anticipated benefits2 7,c7 a description of the consultations undertaken by the ,secretary pursuant to subsection 7a77#b72 7,d7 any actions that will be taken to minimize negative impacts of such new port of entry2 and 7,e7 the anticipated time line for the construction and completion of such new port of entry4 7#b7 ,expansion and modernization of ports of entry ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall notify the appropriate congressional committees of-- 7,a7 the ports of entry on the southern border selected for expansion or modernization pursuant to subsection 7b72 and 7,b7 the ,secretary's plan for expanding or modernizing the primary and secondary inspection lanes at each such port of entry4 #abjc4 ,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 #b-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 ,land border agents and officers ,the ,secretary shall ensure that each ,u4,s4 ,customs and ,border ,protection 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 #abjd4 ,border security deployment program 7a7 ,expansion ,not later than ,september #cj1 #bjba1 the ,secretary shall fully implement ,u4,s4 ,customs and ,border ,protection's ,border ,security ,deployment ,program 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 #cc1jjj1jjj1 for each of the fiscal year #bjah through #bjba1 to carry out subsection 7a74 #abje4 ,pilot and upgrade of license plate readers at ports of entry 7a7 ,upgrade ,not later than #a year after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall upgrade all existing license plate readers on the northern border or the southern border 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 of ,u4,s4 ,customs and ,border ,protection shall conduct a #a-month pilot program on the southern border using license plate readers for #a to #b cargo lanes at the top #c 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 submit a report to the appropriate congressional committees that contains-- 7#a7 the results of the pilot program under subsection 7b72 and 7#b7 recommendations for using 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 year #bjah to carry out subsection 7a74 #abjf4 ,biometric technology 7a7 ,biometric storage 7#a7 ,creation or expansion of system ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall create a system 7or upgrade and expand the capability and capacity of an existing system1 if a ,department of ,homeland ,security system already has capability and capacity for storage7 to allow for the storage of fingerprints1 photographs1 iris scans1 voice prints1 and any other biometric data of aliens that can be used by the ,department of ,homeland ,security1 other ,federal agencies1 and ,state and local law enforcement agencies for identity verification1 authentication1 background checks1 and document production4 7#b7 ,compatibility ,the ,secretary shall ensure1 to the extent possible1 that the system created or expanded under paragraph 7#a7 is compatible with existing ,state and local law enforcement systems that are used for the collection and storage of biometric data for criminal aliens4 7b7 ,pilot program ,when the system created under subsection 7a7 is operational1 ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,citizenship and ,immigration ,services shall conduct a #f-month pilot program on the collection and use of iris scans and voice prints for identity verification1 authentication1 background checks1 and document production4 7c7 ,report ,not later than #f months after the conclusion of the pilot program under subsection 7b71 the ,secretary shall report the results of the pilot program and make recommendations for using such technology to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on the ,judiciary of the ,senate2 7#c7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#d7 the ,committee on the ,judiciary of the ,house of ,representatives4 7d7 ,authorization of appropriations ,in addition to amounts otherwise authorized to be appropriated1 there are authorized to be appropriated1 for each of the fiscal years #bjah through #bjba1 #aj1jjj1jjj carry out this section4 #abjg4 ,nonintrusive inspection operational demonstration project 7a7 ,in general 7#a7 ,establishment ,not later than #f months after the date of the enactment of this ,act1 the ,commissioner shall establish a #f-month operational demonstration project to deploy a high-throughput nonintrusive passenger vehicle inspection system at not fewer than #c land ports of entry along the ,united ,states-,mexico border with significant cross-border traffic4 7#b7 ,location ,the demonstration project established under paragraph 7#a7-- 7,a7 shall be located within the pre-primary traffic flow2 and 7,b7 should be scalable to span up to #bf contiguous in-bound traffic lanes without reconfiguration of existing lanes4 7b7 ,report ,not later than #ij days after the conclusion of the operational demonstration project under subsection 7a71 the ,commissioner shall submit a report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,finance of the ,senate1 the ,committee on ,homeland ,security of the ,house of ,representatives1 and the ,committee on ,ways and ,means of the ,house of ,representatives that describes-- 7#a7 the effects of the demonstration project on legitimate travel and trade2 7#b7 the effects of the demonstration project on wait times1 including processing times1 for non-pedestrian traffic2 and 7#c7 the effectiveness of the demonstration project in combating terrorism and smuggling4 #abjh4 ,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 #dah the following3 #dai4 ,biometric entry-exit 7a7 ,establishment ,the ,secretary-- 7#a7 not later than #ahj days after the date of the enactment of this section1 shall submit an implementation plan 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 the ,committee on the ,judiciary of the ,house of ,representatives for establishing 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 ,act 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 authorities needed to integrate such a system into the operations of the ,transportation ,security ,administration2 and 7#b7 not later than #b years after the date of the enactment of this section1 shall establish a biometric exit data system at-- 7,a7 the #ae ,united ,states airports that support the highest volume of international air travel1 as determined by available ,federal flight data2 7,b7 the #aj ,united ,states seaports that support the highest volume of international sea travel1 as determined by available ,federal travel data2 and 7,c7 the #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 for non-pedestrian outbound traffic ,not later than #f months after the date of the enactment of this section1 the ,secretary1 in collaboration with industry stakeholders1 shall establish a #f-month pilot program to test the biometric exit data system referred to in subsection 7a77#b7 on nonpedestrian outbound traffic at not fewer than #c land ports of entry with significant cross-border traffic1 including at not fewer than #b land ports of entry on the southern land border and at least #a land port of entry on the northern land border4 ,such pilot program may include a consideration of more than #a biometric mode1 and shall be implemented to determine-- 7,a7 how a nationwide implementation of such biometric exit data system at land ports of entry shall be carried out2 7,b7 the infrastructure required to carry out subparagraph 7,a72 7,c7 the effects of such pilot program on legitimate travel and trade2 7,d7 the effects of such pilot program on wait times1 including processing times1 for such nonpedestrian traffic2 7,e7 the effects of such pilot program on combating terrorism2 and 7,f7 the effects of such pilot program on identifying visa holders who violate the terms of their visas4 7#b7 ,expansion to land ports of entry for nonpedestrian outbound traffic 7,a7 ,in general ,not later than #e 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 entry1 and such system shall apply only in the case of nonpedestrian outbound traffic4 7,b7 ,extension ,the ,secretary may extend for a single #b-year period the date specified in subparagraph 7,a7 if the ,secretary certifies 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 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 7#c7 ,expansion to air and sea ports of entry ,not later than #e 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 7#d7 ,expansion to land ports of entry for pedestrians ,not later than #e 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 entry1 and such system shall apply only in the case of pedestrians4 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 individual 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 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 ,u4,s4 ,customs and ,border ,protection by the ,canadian ,border ,services ,agency pursuant to the #bjaa ,beyond the ,border agreement4 7k7 ,fair and open competition ,the ,secretary shall procure goods and services to implement this section via fair and open competition in accordance with the ,federal ,acquisition ,regulations4 7l7 ,other biometric initiatives ,the ,secretary may pursue biometric initiatives at air1 land1 and sea ports of entry for the purposes of border security and trade facilitation distinct from the biometric exit data system described 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 reports and recommendations 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 the ,committee on the ,judiciary of the ,house of ,representatives 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 may be construed to 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 #dag the following3 ,sec4 #dai4 ,biometric entry-exit4 4 #abji4 ,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 the crossing and trade 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 at land ports of entry to facilitate increased trade and commerce4 #abaj4 ,authorization of appropriations ,in addition to any amounts otherwise authorized to be appropriated for such purpose1 there is authorized to be appropriated #a1bej1jjj1jjj for each of the fiscal years #bjah through #bjba to carry out this title1 of which-- 7#a7 #b1jjj1jjj shall be used by the ,secretary for-- 7,a7 hiring additional ,uniform ,management ,center support personnel2 7,b7 purchasing uniforms for ,u4,s4 ,customs and ,border ,protection officers and agents2 7,c7 acquiring additional motor vehicles to support vehicle mounted surveillance systems2 7,d7 hiring additional motor vehicle program support personnel2 and 7,e7 contract support for customer service1 vendor management1 and operations management2 7#b7 #bej1jjj1jjj per year shall be used to implement the biometric exit data system described in section #dai of the ,homeland ,security ,act of #bjjb1 as added by section #abjh of this ,act2 and 7#c7 #fe1jjj1jjj shall be used by the ,secretary to purchase-- 7,a7 new ,,as#cej1 ,,uh-#fj,l1 and ,,uas-,native ,m#i aircrafts2 7,b7 required support equipment2 and 7,c7 initial spare parts for southern and northern border security and maritime operations4 ,c ,domestic ,security and ,interior ,enforcement #a ,general matters #acja4 ,ending catch and release for repeat immigration violators and criminals aliens 7a7 ,in general ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by striking the section heading and subsections 7a7 through 7c7 and inserting the following3 #bcf4 ,apprehension and detention of aliens 7a7 ,arrest1 detention1 and release 7#a7 ,in general ,the ,secretary1 on a warrant issued by the ,secretary1 may arrest an alien and detain the alien pending a decision on whether the alien is to be removed from the ,united ,states up until the alien has an administratively final order of removal4 ,except as provided in subsection 7c7 and pending such decision1 the ,secretary-- 7,a7 may-- 7i7 continue to detain the arrested alien2 7ii7 release the alien on bond of at least #e1jjj1 with security approved by1 and containing conditions prescribed by1 the ,secretary2 or 7iii7 release the alien on his or her own recognizance1 subject to appropriate conditions set forth by the ,secretary1 if the ,secretary determines that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding2 and 7,b7 may not provide the alien with work authorization 7including an employment authorized endorsement or other appropriate work permit7 or advance parole to travel outside of the ,united ,states1 unless the alien is lawfully admitted for permanent residence or otherwise would 7without regard to removal proceedings7 be provided such authorization4 7b7 ,revocation of bond or parole ,the ,secretary1 at any time1 may revoke bond or parole authorized under subsection 7a71 rearrest the alien under the original warrant1 and detain the alien4 7c7 ,mandatory detention of criminal aliens 7#a7 ,criminal aliens ,the ,secretary shall take into custody and continue to detain any alien at any time after the alien is released1 without regard to whether the alien is released on parole1 supervised release1 and without regard to whether the alien may be arrested or imprisoned again for the same offense1 if the alien-- 7,a7 7i7 has not been admitted or paroled into the ,united ,states2 and 7ii7 was apprehended anywhere within #ajj miles of the international border of the ,united ,states2 7,b7 is inadmissible by reason of having committed any offense covered in section #bab7;a77#b72 7,c7 is deportable by reason of having committed any offense covered in section #bcg7;a77#b72 7,d7 is convicted for an offense under section #bge7;a72 7,e7 is convicted for an offense under section #bgf2 7,f7 is convicted for any criminal offense2 or 7,g7 is inadmissible under section #bab7;a77#c77;,b7 or deportable under section #bcg7;a77#d77;,b74 7#b7 ,release 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary may release an alien described in paragraph 7#a7 only if the ,secretary decides pursuant to section #cbea of title #ah1 ,united ,states ,code1 and in accordance with a procedure that considers the severity of the offense committed by the alien1 that-- 7i7 release of the alien from custody is necessary to provide protection to-- 7,i7 a witness2 7,,ii7 a potential witness2 7,,iii7 a person cooperating with an investigation into major criminal activity2 or 7,,iv7 an immediate family member or close associate of a witness1 potential witness1 or person cooperating with such an investigation2 and 7ii7 the alien demonstrates to the satisfaction of the ,secretary that the alien-- 7,i7 is not a flight risk2 7,,ii7 poses no danger to the safety of other persons or of property2 7,,iii7 is not a threat to national security or public safety2 and 7,,iv7 is likely to appear at any scheduled proceeding4 7,b7 ,arrested1 but not convicted1 aliens 7i7 ,release for proceedings ,the ,secretary may release any alien held pursuant to paragraph 7#a7 to the appropriate authority for any proceedings subsequent to the arrest4 7ii7 ,resumption of custody ,if an alien is released pursuant to clause 7i71 the ,secretary shall-- 7,i7 resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority2 and 7,,ii7 if the alien is not convicted of the offense for which the alien was arrested1 the ,secretary shall continue to detain the alien until removal proceedings are completed4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by striking the item relating to section #bcf and inserting the following3 ,sec4 #bcf4 ,apprehension and detention of aliens4 4 #acjb4 ,deterring visa overstays 7a7 ,admission of nonimmigrants ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by striking the section heading and all that follows through subsection 7a77#a7 and inserting the following3 #bad4 ,admission of nonimmigrants 7a7 ,in general 7#a7 ,terms and conditions of admission 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the admission to the ,united ,states of any alien as a nonimmigrant may be for such time and under such conditions as the ,secretary may prescribe1 including when the ,secretary deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the ,secretary shall prescribe1 to insure that at the expiration of such time or upon failure to maintain the status under which the alien was admitted1 or to maintain any status subsequently acquired under section #bdh1 such alien will depart from the ,united ,states4 7,b7 ,guam or ,,cnmi visa waiver nonimmigrants ,no alien admitted to ,guam or the ,commonwealth of the ,northern ,mariana ,islands without a visa pursuant to section #bab7l7 may be authorized to enter or stay in the ,united ,states other than in ,guam or the ,commonwealth of the ,northern ,mariana ,islands or to remain in ,guam or the ,commonwealth of the ,northern ,mariana ,islands for a period exceeding #de days from the date of admission to ,guam or the ,commonwealth of the ,northern ,mariana ,islands4 7,c7 ,visa waiver program nonimmigrants ,no alien admitted to the ,united ,states without a visa pursuant to section #bag may be authorized to remain in the ,united ,states as a nonimmigrant visitor for a period exceeding #ij days from the date of admission4 7,d7 ,bar to immigration benefits and to contesting removal 7i7 ,in general ,subject to clause 7ii71 except for an alien admitted as a nonimmigrant under subparagraph 7,a7 or 7,g7 of section #aja7;a77#ae7 or a ,,nato nonimmigrant1 any alien who remains in the ,united ,states beyond the period of stay authorized by the ,secretary1 without good cause is ineligible for all immigration benefits or relief available under the immigration laws1 including relief under sections #bdj;,b1 #bde1 #bdh1 and #bdi1 other than-- 7,i7 asylum2 7,,ii7 relief as a victim of trafficking under section #aja7;a77#ae77,t72 7,,iii7 relief as a victim of criminal activity under section #aja7;a77#ae77,u72 7,,iv7 relief as a ,,vawa self-petitioner2 7,v7 relief as a battered spouse or child under section #bdj;,a7b77#b72 7,,vi7 withholding of removal under section #bda7;b77#c72 or 7,,vii7 protection from removal based on a claim under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd4 7ii7 ,exception ,the ,secretary may1 in the ,secretary's sole and unreviewable discretion1 determine that a nonimmigrant is not subject to clause 7i7 if-- 7,i7 the alien was lawfully admitted to the ,united ,states as a nonimmigrant2 7,,ii7 the alien filed a nonfrivolous application for change of status to another nonimmigrant category or extension of stay before the date of expiration of the alien's authorized period of stay as a nonimmigrant2 7,,iii7 the alien has not been employed without authorization in the ,united ,states1 before1 or during pendency of the application2 7,,iv7 the alien has not otherwise violated the terms of the alien's nonimmigrant status2 and 7,v7 the ,secretary1 in the ,secretary's sole and unreviewable discretion1 determines that the alien is not a threat to national security or public safety4 7iii7 ,good cause defined ,for purposes of clause 7i71 the term good cause means exigent humanitarian circumstances1 such as medical emergencies or force majeure4 4 7b7 ,issuance of nonimmigrant visas ,section #bba7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;a77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,state shall ensure that every application for a nonimmigrant visa includes an acknowledgment1 executed by the alien under penalty of perjury1 confirming that the alien-- 7,a7 has been notified of the terms and conditions of the nonimmigrant visa1 including the waiver of rights under subsection 7j72 and 7,b7 understands that he or she will be ineligible for all immigration benefits and any form of relief or protection from removal1 including relief under sections #bdj;,b1 #bde1 #bdh1 and #bdi1 other than a request for asylum1 relief as a victim of trafficking under section #aja7;a77#ae77,t71 relief as a victim of criminal activity under #aja7;,a77#ae77,u71 relief as a ,,vawa self-petitioner1 relief as a battered spouse or child under section #bdj;,a7b77#b71 withholding of removal under section #bda7;b77#c71 or protection from removal based on a claim under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd1 and from contesting removal if the alien violates any term or condition of his or her nonimmigrant visa or fails to depart the ,united ,states at the end of the alien's authorized period of stay4 4 7c7 ,bars to immigration relief ,section #bba of the ,immigration and ,nationality ,act1 as amended by subsection 7b71 is further amended by adding at the end the following3 7j7 ,waiver of rights ,the ,secretary of ,state may not issue a nonimmigrant visa under section #bad to an alien 7other than an alien who qualifies for a visa under subparagraph 7,a7 or 7,g7 of section #aja7;a77#ae71 is a ,,vawa self-petitioner1 or qualifies for a visa under the ,north ,atlantic ,treaty1 signed at ,washington ,april #d1 #aidi7 until the alien has waived any right to relief under sections #bdj;,b1 #bde1 #bdh1 and #bdi 7other than relief from removal under section #bda7;b77#c771 any form of relief established after the date on which the nonimmigrant visa is issued1 and from contesting removal if the alien-- 7#a7 violates a term or condition of his or her nonimmigrant status2 or 7#b7 fails to depart the ,united ,states at the end of the alien's authorized period of stay4 4 7d7 ,visa waiver program waiver of rights ,section #bag7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;b77 is amended to read as follows3 7b7 ,waiver of rights ,an alien may not be provided a waiver under the program unless the alien has-- 7#a7 signed1 under penalty of perjury1 an acknowledgement confirming that the alien was notified and understands that he or she will be ineligible for any form of relief or immigration benefit under the ,act or any other immigration laws1 including sections #bdj;,b1 #bde1 #bdh1 and #bdi 7other than a request for asylum71 relief as a victim of trafficking under section #aja7;a77#ae77,t71 relief as a victim of criminal activity under #aja7;,a77#ae77,u71 relief as a ,,vawa self-petitioner1 relief as a battered spouse or child under section #bdj;,a7b77#b71 withholding of removal under section #bda7;b77#c71 or protection from removal based on a claim under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd1 if the alien fails to depart from the ,united ,states at the end of the #ij-;day period for admission2 7#b7 waived any right to review or appeal under this ,act of an immigration officer's determination as to the a admissibility of the alien at the port of entry into the ,united ,states2 and 7#c7 waived any right to contest1 other than on the basis of an application for asylum1 any action for removal of the alien4 4 7e7 ,detention and repatriation of visa waiver violators ,section #bag7;c77#b77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;c77#b77;,e77 is amended by striking the section header and inserting the following3 7,e7 ,detention and repatriation of aliens ,any alien who fails to depart from the ,united ,states at the end of the #ij-;day period for admission shall be detained pending removal4 4 #acjc4 ,increase in immigration detention capacity ,not later than ,september #cj1 #bjah1 and subject to the availability of appropriations1 the ,secretary of ,homeland ,security shall increase the immigration detention capacity to a daily immigration detention capacity of not fewer than #dh1hgi detention beds4 #acjd4 ,collection of ,,dna from criminal and detained aliens ,section #c of the ,,dna ,analysis ,backlog ,elimination ,act of #bjjj 7#db ,u4,s4,c4 #adace;a7 is amended-- 7#a7 in subsection 7a77#a71 by adding at the end the following3 7,c7 ,the ,secretary of ,homeland ,security shall collect ,,dna samples from any alien 7as defined under section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c777 who-- 7i7 has been detained pursuant to section #bce7;b77#a77;,b77iii77,,iv71 #bcf1 #bcf;,a1 or #bch of such ,act 7#h ,u4,s4,c4 #abbe7;b77#a77;,b77iii77,,iv71 #abbf1 #abbf;a1 and #abbh72 or 7ii7 is the subject of a final order of removal under section #bdj of such ,act 7#h ,u4,s4,c4 #abbi;a7 based on inadmissibility under section #bab7;a77#b7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 or being subject to removal under section #bcg7;a77#b7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#b774 2 and 7#b7 in subsection 7b71 by striking or the probation office responsible 7as applicable7 and inserting the probation office responsible1 or the ,secretary of ,homeland ,security4 #acje4 ,collection1 use1 and storage of biometric data 7a7 ,collection and use of biometric information for immigration purposes 7#a7 ,collection ,the ,secretary of ,homeland ,security may require any individual filing an application1 petition1 or other request for an immigration benefit or immigration status with the ,department of ,homeland ,security or seeking an immigration benefit or other authorization1 employment authorization1 identity1 or travel document1 or requesting relief or protection under any provision of the immigration laws to submit biometric information 7including fingerprints1 photograph1 signature1 voice print1 iris scan1 or ,,dna7 to the ,secretary4 7#b7 ,use ,the ,secretary may use any biometric information submitted under paragraph 7#a7 to conduct background and security checks1 verify an individual's identity1 adjudicate1 revoke1 or terminate an immigration benefit or immigration status1 and perform other functions related to administering and enforcing the immigration laws4 7b7 ,biometric and biographic information sharing 7#a7 ,sharing with ,department of ,defense and ,federal ,bureau of ,investigation ,the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 and the ,director of the ,federal ,bureau of ,investigation-- 7,a7 shall exchange appropriate biometric and biographic information to determine or confirm the identity of an individual and to assess whether the individual is a threat to national security or public safety2 and 7,b7 may use information exchanged pursuant to subparagraph 7,a7-- 7i7 to compare biometric and biographic information contained in applicable systems of the ,department of ,homeland ,security1 the ,department of ,defense1 or the ,federal ,bureau of ,investigation to determine if there is a match between such information2 and 7ii7 if there is a match between such information1 to relay such information to the requesting agency4 7#b7 ,use of biometric data by the ,department of ,state ,the ,secretary of ,state shall use biometric information from applicable systems of the ,department of ,homeland ,security1 of the ,department of ,defense1 and of the ,federal ,bureau of ,investigation to track individuals who are-- 7,a7 7i7 known or suspected terrorists2 or 7ii7 identified as a potential threat to national security2 and 7,b7 using an alias while traveling4 7#c7 ,report on biometric information sharing with ,mexico and other countries for identity verification ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,secretary of ,state shall submit a joint report on the status of efforts to engage with the ,government of ,mexico and the governments of other appropriate foreign countries located in ,central ,america or ,south ,america-- 7,a7 to discuss coordination on biometric information sharing between the ,united ,states and such countries2 and 7,b7 to enter into bilateral agreements that provide for the sharing of such biometric information with the ,department of ,state1 the ,department of ,defense1 the ,department of ,justice1 the ,federal ,bureau of ,investigation1 and the ,department of ,homeland ,security to use in-- 7i7 identifying individuals who are known or suspected terrorists or potential threats to national security2 and 7ii7 verifying the entry and exit of individuals to and from the ,united ,states4 7#d7 ,rule of construction ,the collection of biometric information under paragraph 7#a7 shall not limit the authority of the ,secretary of ,homeland ,security to collect biometric information from any individual arriving to or departing from the ,united ,states4 #acjf4 ,pilot program for electronic field processing 7a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 he ,secretary of ,homeland ,security shall establish a pilot program in at least #e of the #aj ,u4,s4 ,immigration and ,customs ,enforcement field offices or regions with the largest removal caseloads to allow ,u4,s4 ,immigration and ,customs ,enforcement officers to use handheld or vehicle-mounted computers to electronically-- 7#a7 process and serve charging documents1 including notices to appear1 while in the field2 7#b7 process and place detainers while in the field2 7#c7 collect biometric data for the purpose of identifying an alien and establishing both immigration status and criminal history while in the field2 7#d7 enter any required data1 including personal information about the alien subject and the reason for issuing the document2 7#e7 apply the electronic signature of the issuing ,u4,s4 ,immigration and ,customs ,enforcement officer or agent2 7#f7 apply or capture the electronic signature of the alien on any charging document or notice1 including any electronic signature captured to acknowledge service of such documents or notices2 7#g7 set the date on which the alien is required to appear before an immigration judge1 in the case of notices to appear2 7#h7 print any documents the alien subject may be required to sign1 along with additional copies of documents to be served on the alien2 and 7#i7 interface with the ,,enforce database so that all data is collected1 stored1 and retrievable in real-time4 7b7 ,contract support ,the ,secretary may contract with commercial vendors to test prototypes for electronic handheld or vehicle-mounted computers capable of meeting the requirements under subsection 7a74 7c7 ,rule of construction ,the pilot program described in subsection 7a7 shall be designed to replace1 to the extent possible1 the current paperwork and data entry process used for issuing such charging documents and detainers4 7d7 ,report ,not later than #a year months after the commencement of the pilot program described in subsection 7a71 the ,comptroller ,general of the ,united ,states shall submit a report 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 the ,committee on the ,judiciary of the ,house of ,representatives that includes-- 7#a7 the results of the pilot program2 and 7#b7 recommendations for using the technology described in subsection 7a7 on a nationwide basis4 #acjg4 ,ending abuse of parole authority 7a7 ,in general ,section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 is amended to read as follows3 7#e7 ,parole authority 7,a7 ,in general ,except as provided in subparagraph 7,c7 or section #bad7;f71 the ,secretary may temporarily parole into the ,united ,states any alien applying for admission to the ,united ,states1 under such conditions as the ,secretary may prescribe1 including requiring the posting of a bond1 and only on a case-by-case basis for an urgent humanitarian reason or a reason deemed strictly in the public interest4 7,b7 ,parole not an admission ,in accordance with section #aja7;a77#ac77;,b71 parole of an alien under subparagraph 7,a7 shall not be regarded as an admission of the alien to the ,united ,states4 ,when the purposes of the parole of an alien have been served1 as determined by the ,secretary1 the alien shall immediately return to his or her country of citizenship1 nationality1 or origin4 ,if the alien was paroled from custody1 the alien shall be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the ,united ,states on the same basis as other similarly situated applicants for admission4 7,c7 ,prohibited uses of parole authority 7i7 ,in general ,the ,secretary may not use the authority under subparagraph 7,a7 to parole in generalized categories of aliens or classes of aliens based solely on nationality1 presence1 or residence in the ,united ,states1 family relationships1 or any other criteria that would cover a broad group of foreign nationals either inside or outside of the ,united ,states4 7ii7 ,aliens who are national security or public safety threats 7,i7 ,prohibition on parole ,the ,secretary shall not parole in any alien who the ,secretary1 in the ,secretary's sole and unreviewable discretion1 determines is a threat to national security or public safety1 except in extreme exigent circumstances4 7,,ii7 ,extreme exigent circumstances defined ,in subclause 7,i71 the term extreme exigent circumstances means circumstances under which-- 7aa7 the failure to parole the alien would result in the immediate significant risk of loss of life or bodily function due to a medical emergency2 7bb7 the failure to parole the alien would conflict with medical advice as to the health or safety of the individual1 detention facility staff1 or other detainees2 or 7cc7 there is an urgent need for the alien's presence for a law enforcement purpose1 including for a prosecution or securing the alien's presence to appear as a material witness1 or a national security purpose4 7,d7 ,urgent humanitarian reason defined ,an urgent humanitarian reason referred to in subparagraph 7,a7 means-- 7i7 the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process2 7ii7 the alien is needed in the ,united ,states in order to donate an organ or other tissue for transplant into a close family member2 7iii7 the alien has a close family member in the ,united ,states whose death is imminent and the alien could not arrive in the ,united ,states in time to see such family member alive if the alien were to be admitted through the normal visa process2 7iv7 the alien is a lawful applicant for adjustment of status under section #bde2 or 7v7 the alien was lawfully granted status under section #bjh or lawfully admitted under section #bjg4 7,e7 ,public interest defined ,a reason deemed strictly in the public interest occurs if the alien has assisted the ,united ,states ,government in a matter1 such as a criminal investigation1 espionage1 or other similar law enforcement activity1 and either the alien's presence in the ,united ,states is required by the ,government or the alien's life would be threatened if the alien were not permitted to come to the ,united ,states4 7,f7 ,limitation on the use of parole authority ,the ,secretary may not use the parole authority under this paragraph to permit to come to the ,united ,states aliens who have applied for and have been found to be ineligible for refugee status or any alien to whom the provisions of this paragraph do not apply4 7,g7 ,termination of parole ,the ,secretary shall determine when the purpose of parole of an alien has been served and1 upon such determination-- 7i7 the alien's case shall continue to be dealt with in the same manner as that of any other applicant for admission to the ,united ,states2 and 7ii7 if the alien was previously detained1 the alien shall be returned to the custody from which the alien was paroled4 7,h7 ,limitations on use of advance parole 7i7 ,advance parole defined ,in this subparagraph1 the term advance parole means advance approval for an alien applying for admission to the ,united ,states to request at a port of entry in the ,united ,states1 a pre-inspection station1 or a designated field office of the ,department of ,homeland ,security1 to be paroled into the ,united ,states under subparagraph 7,a74 7ii7 ,approval of advance parole ,the ,secretary may1 in the ,secretary's discretion1 grant an application for advance parole4 ,approval of an application for advance parole shall not constitute a grant of parole under subparagraph 7,a74 ,a grant of parole into the ,united ,states based on an approved application for advance parole shall not be considered a parole for purposes of qualifying for adjustment of status to lawful permanent resident status in the ,united ,states under section #bde or #bde;,a4 7iii7 ,revocation of advance parole ,the ,secretary may revoke a grant of advance parole to an alien at any time4 ,such revocation shall not be subject to administrative appeal or judicial review4 7iv7 ,temporary departure ,an alien who leaves the ,united ,states temporarily pursuant to a grant of advance parole makes a departure from the ,united ,states pursuant to the immigration laws4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the first day of the first month beginning more than #fj days after the date of the enactment of this ,act4 #acjh4 ,reports to ,congress on parole 7a7 ,report on number and category of aliens paroled into the ,united ,states ,not later than #ij days after the end of each fiscal year1 the ,secretary of ,homeland ,security shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that1 with respect to the most recently completed fiscal year-- 7#a7 describes the number and categories of aliens paroled into the ,united ,states under section #bab7;d77#e7 of the ,immigration and ,nationality ,act1 as amended by section #acjg2 and 7#b7 contains information and data concerning-- 7,a7 the number and categories of aliens paroled2 7,b7 the duration of parole granted to aliens referred to in subparagraph 7,a72 and 7,c7 the current immigration status of the aliens referred to in subparagraph 7,a74 7b7 ,report on parole procedures ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,attorney ,general and the ,secretary of ,homeland ,security shall jointly-- 7#a7 conduct a review regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts2 and 7#b7 submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives based on the results of such review1 that includes-- 7,a7 an analysis of-- 7i7 the rate at which release from detention 7including release on parole7 is granted to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts throughout the ,united ,states2 and 7ii7 any disparity that exists between locations or geographical areas1 including an explanation of the reasons for this disparity and what actions are being taken to have consistent and uniform application of the standards for granting parole2 7,b7 an analysis of the effect of the procedures and policies applied with respect to parole and custody determinations by the ,attorney ,general and by the ,secretary on the alien's pursuit of their asylum claim before an immigration court2 7,c7 an analysis of the effectiveness of the procedures and policies applied with respect to parole and custody determinations by the ,attorney ,general and by the ,secretary in securing the alien's presence at the immigration court proceedings2 7,d7 recommendations with respect to whether the existing parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts-- 7i7 respect the interests of the aliens2 and 7ii7 ensure the presence of the aliens at the immigration court proceedings2 and 7,e7 an assessment on corresponding failure to appear rates1 in absentia orders1 and absconders4 #acji4 ,stop ,dangerous ,sanctuary ,cities ,act 7a7 ,short title ,this section may be cited as the ,stop ,dangerous ,sanctuary ,cities ,act4 7b7 ,ensuring that local and ,federal law enforcement officers may cooperate to safeguard our communities 7#a7 ,authority to cooperate with federal officials ,a ,state or a political subdivision of a ,state that has executed an agreement with the ,department of ,homeland ,security under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g771 or an officer1 employee1 or agent of such ,state or political subdivision that complies with a detainer issued by the ,department under section #bcf1 #bda1 or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf1 #abca1 and #aceg7-- 7,a7 shall be deemed to be acting as an agent of the ,department2 and 7,b7 with regard to actions taken to comply with the detainer1 shall have all authority available to officers and employees of the ,department4 7#b7 ,legal proceedings ,in any legal proceeding brought against a ,state or a political subdivision of ,state that has executed an agreement with the ,department of ,homeland ,security under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g771 or an officer1 employee1 or agent of such ,state or political subdivision acting pursuant to such agreement1 which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the ,department under section #bcf1 #bda1 or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf1 #abca1 and #aceg7-- 7,a7 no liability for false arrest or imprisonment shall lie against the ,state or political subdivision of a ,state for actions taken in compliance with the detainer1 which includes maintaining custody of the alien in accordance with the instructions on the detainer form and notifying the ,department prior to the alien's release from custody2 and 7,b7 if the actions of the officer1 employee1 or agent of the ,state or political subdivision were taken in compliance with the detainer-- 7i7 the officer1 employee1 or agent shall be deemed-- 7,i7 to be an employee of the ,federal ,government and an investigative or law enforcement officer2 and 7,,ii7 to have been acting within the scope of his or her employment under section #acdf7;b7 and chapter #aga of title #bh1 ,united ,states ,code2 7ii7 section #acdf7;b7 of title #bh1 ,united ,states ,code1 shall provide the exclusive remedy for the plaintiff2 and 7iii7 the ,united ,states shall be substituted as defendant in the proceeding4 7c7 ,sanctuary jurisdiction defined 7#a7 ,in general ,except as provided under subsection 7#b71 for purposes of this section1 the term sanctuary jurisdiction means any ,state or political subdivision of a ,state that has executed an agreement with the ,department of ,homeland ,security under section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g77 and has in effect a statute1 ordinance1 policy1 or practice that prohibits or restricts any government entity or official from-- 7,a7 sending1 receiving1 maintaining1 or exchanging with any ,federal1 ,state1 or local government entity information regarding the citizenship or immigration status 7lawful or unlawful7 of any individual2 or 7,b7 complying with a request lawfully made by the ,department under section #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf1 #aceg7 to comply with a detainer for1 or notify about the release of1 an individual4 7#b7 ,exception ,a ,state or political subdivision of a ,state shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding1 or comply with a request made by the ,department under section #bcf or #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf and #aceg7 to comply with a detainer regarding1 an individual who comes forward as a victim or a witness to a criminal offense4 7d7 ,sanctuary jurisdictions ineligible for certain ,federal funds 7#a7 ,economic development administration grants 7,a7 ,grants for public works and economic development ,section #bja7;b7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cada7;b77 is amended-- 7i7 in paragraph 7#b71 by striking and at the end2 7ii7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#d7 the area in which the project is to be carried out is not a sanctuary jurisdiction 7as defined in subsection 7c7 of the ,stop ,dangerous ,sanctuary ,cities ,act74 4 7,b7 ,grants for planning and administrative expenses ,section #bjc7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadc7;a77 is amended by adding at the end the following3 ,a sanctuary jurisdiction 7as defined in subsection 7c7 of the ,stop ,dangerous ,sanctuary ,cities ,act7 may not be deemed an eligible recipient under this subsection44 7,c7 ,supplementary grants ,section #bje7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cade7;a77 is amended-- 7i7 in paragraph 7#b71 by striking and at the end2 7ii7 in paragraph 7#c77;,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7#d7 will be carried out in an area that does not contain a sanctuary jurisdiction 7as defined in subsection 7c7 of the ,stop ,dangerous ,sanctuary ,cities ,act74 4 7,d7 ,grants for training1 research1 and technical assistance ,section #bjg of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cadg7 is amended by adding at the end the following3 7c7 ,ineligibility of sanctuary jurisdictions ,grant funds under this section may not be used to provide assistance to a sanctuary jurisdiction 7as defined in subsection 7c7 of the ,stop ,dangerous ,sanctuary ,cities ,act74 4 7#b7 ,community development block grants 7,a7 ,definitions ,section #ajb7;a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb7;a77 is amended by adding at the end the following3 7#be7 ,the term sanctuary jurisdiction has the meaning given that term in subsection 7c7 of the ,stop ,dangerous ,sanctuary ,cities ,act4 4 7,b7 ,eligible grantees 7i7 ,in general ,section #ajd7;b7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7;b77 is amended-- 7,i7 in paragraph 7#e71 by striking and at the end2 7,,ii7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7,,iii7 by inserting after paragraph 7#e7 the following3 7#f7 the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title2 and 4 7ii7 ,protection of individuals against crime ,section #ajd of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7 is amended by adding at the end the following3 7n7 ,protection of individuals against crime 7#a7 ,in general ,no funds authorized to be appropriated to carry out this title may be obligated or expended for any ,state or unit of general local government that is a sanctuary jurisdiction4 7#b7 ,returned amounts 7,a7 ,state ,if a ,state is a sanctuary jurisdiction during the period for which it receives amounts under this title1 the ,secretary-- 7i7 shall direct the ,state to immediately return to the ,secretary any such amounts that the ,state received for that period2 and 7ii7 shall reallocate amounts returned under clause 7i7 for grants under this title to other ,states that are not sanctuary jurisdictions4 7,b7 ,unit of general local government ,if a unit of general local government is a sanctuary jurisdiction during the period for which it receives amounts under this title1 any such amounts that the unit of general local government received for that period-- 7i7 in the case of a unit of general local government that is not in a nonentitlement area1 shall be returned to the ,secretary for grants under this title to ,states and other units of general local government that are not sanctuary jurisdictions2 and 7ii7 in the case of a unit of general local government that is in a nonentitlement area1 shall be returned to the ,governor of the ,state for grants under this title to other units of general local government in the ,state that are not sanctuary jurisdictions4 7,c7 ,reallocation rules ,in reallocating amounts under subparagraphs 7,a7 and 7,b71 the ,secretary-- 7i7 shall apply the relevant allocation formula under subsection 7b71 with all sanctuary jurisdictions excluded2 and 7ii7 shall not be subject to the rules for reallocation under subsection 7c74 4 #acaj4 ,reinstatement of the ,secure ,communities ,program 7a7 ,reinstatement ,the ,secretary shall reinstate and operate the ,secure ,communities immigration enforcement program administered by ,u4,s4 ,immigration and ,customs ,enforcement between #bjjh and #bjad4 7b7 ,authorization of appropriations ,there is authorized to be appropriated #aej1jjj1jjj to carry out this section4 #b ,protection and due process for unaccompanied alien children #acbj4 ,short title ,this chapter may be cited as the ,protecting ,children and ,america's ,homeland ,act of #bjag4 #acba4 ,repatriation of unaccompanied alien children ,section #bce7;a7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by amending the paragraph heading to read as follows3 ,rules for unaccompanied alien children4--2 7,b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking who is a national or habitual resident of a country that is contiguous with the ,united ,states shall be treated in accordance with subparagraph 7,b7 and inserting shall be treated in accordance with subparagraph 7,b7 or subsection 7b71 as appropriate2 and 7,c7 in subparagraph 7,c7-- 7i7 by amending the subparagraph heading to read as follows3 ,agreements with foreign countries4--2 and 7ii7 in the matter preceding clause 7i71 by striking countries contiguous to the ,united ,states and inserting ,canada1 ,el ,salvador1 ,guatemala1 ,honduras1 ,mexico1 and any other foreign country that the ,secretary determines appropriate2 7#b7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#c7 inserting after paragraph 7#b7 the following3 7#c7 ,mandatory expedited removal of criminals and gang members ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security shall place an unaccompanied alien child in a proceeding in accordance with section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe;a7 if1 the ,secretary determines or has reason to believe the alien-- 7,a7 has been convicted of any offense carrying a maximum term of imprisonment of more than #ahj days2 7,b7 has been convicted of1 or found to be a juvenile offender based on1 an offense which involved-- 7i7 the use or attempted use of physical force1 or threatened use of a deadly weapon2 7ii7 the purchase1 sale1 offering for sale1 exchange1 use1 ownership1 possession1 or carrying1 or of attempting or conspiring to purchase1 sell1 offer for sale1 exchange1 use1 own1 possess1 or carry1 any weapon1 part1 or accessory which is a firearm or destructive device 7as defined in section #iba7;a7 of title #ah1 ,united ,states ,code7 in violation of any law2 7iii7 child abuse and neglect 7as defined in section #djjjb7;a77#c7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a77#c7772 7iv7 assault resulting in bodily injury 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7v7 the violation of a protection order 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7vi7 driving while intoxicated or driving under the influence 7as such terms are defined in section #afd of title #bc1 ,united ,states ,code72 or 7vii7 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;a772 7,c7 has been convicted of1 or found to be a juvenile offender based on1 more than #a criminal offense 7other than minor traffic offenses72 7,d7 has been convicted of1 or found to be a juvenile offender based on a crime of violence or an offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon2 7,e7 has engaged in1 is engaged in1 or is likely to engage after entry in any terrorist activity 7as defined in section #bab7;a77#c77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iii7771 or intends to participate or has participated in the activities of a foreign terrorist organization 7as designated under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi772 7,f7 has engaged in1 is engaged in1 or any time after a prior admission engages in activity described in section #bcg7;a77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#d772 7,g7 is or was a member of a criminal gang 7as defined in section #aja7;a77#ec7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ec7772 7,h7 provided materially false1 fictitious1 or fraudulent information regarding age or identity to the ,united ,states ,government with the intent to inaccurately classified as an unaccompanied alien child2 or 7,i7 has entered the ,united ,states more than once in violation of section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a771 knowing that the entry was unlawful4 2 and 7#d7 in paragraph 7#d71 as redesignated by paragraph 7#b7 of this subsection-- 7,a7 by striking not described in paragraph 7#b77;,a72 and 7,b7 by inserting who choose not to withdraw their application for admission and return to their country of nationality or country of last habitual residence after port of entry2 and 7#e7 in paragraph 7#f77;,d71 as redesignated by paragraph 7#b7-- 7,a7 by amending the subparagraph heading to read as follows3 ,expedited due process and screening for unaccompanied alien children4--2 7,b7 in the matter preceding clause 7i71 by striking 1 except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection 7a77#b71 shall be-- and inserting who meets the criteria under paragraph 7#b77;,a7 and chooses not to withdraw his or her application for admission and return to the unaccompanied alien child's country of nationality or country of last habitual residence1 as permitted under section #bce;,b7c77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe;b7c77#e77--2 7,c7 by amending clause 7i7 to read as follows3 7i7 shall be placed in a proceeding in accordance with section #bce;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe;b71 which shall commence not later than #g days after the screening of an unaccompanied alien child described in paragraph 7#e72 2 7,d7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 7,e7 by inserting after clause 7i7 the following3 7ii7 may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the ,united ,states ,government until the child is repatriated unless the child-- 7,i7 is the subject of an order under section #bce;,b7e77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe;b7e77#a772 and 7,,ii7 is placed or released in accordance with subsection 7c77#b77;,c74 2 7,f7 in clause 7iii71 as redesignated1 by inserting is before eligible2 and 7,g7 in clause 7iv71 as redesignated1 by inserting shall be before provided4 #acbb4 ,expedited due process and screening for unaccompanied alien children 7a7 ,humane and expedited inspection and screening for unaccompanied alien children 7#a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by inserting after section #bce;,a the following3 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children 7a7 ,asylum officer defined ,in this section1 the term asylum officer means an immigration officer who-- 7#a7 has had professional training in country conditions1 asylum law1 and interview techniques comparable to that provided to full-time adjudicators of applications under section #bjh2 and 7#b7 is supervised by an officer who-- 7,a7 meets the condition described in paragraph 7#a72 and 7,b7 has had substantial experience adjudicating asylum applications under section #bjh4 7b7 ,proceeding 7#a7 ,in general ,not later than #g days after the screening of an unaccompanied alien child under section #bce7;a77#e7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#e771 an immigration judge shall-- 7,a7 conduct and conclude a proceeding to inspect1 screen1 and determine the status of the unaccompanied alien child who is an applicant for admission to the ,united ,states2 and 7,b7 in the case of an unaccompanied alien child seeking asylum1 conduct fact finding to determine whether the unaccompanied alien child meets the definition of unaccompanied alien child under section #bce7;g7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;g774 7#b7 ,time limit ,not later than #gb hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section1 the immigration judge who conducted such proceeding shall issue an order pursuant to subsection 7e74 7c7 ,conduct of proceeding 7#a7 ,authority of immigration judge ,the immigration judge conducting a proceeding under this section-- 7,a7 shall administer oaths1 receive evidence1 and interrogate1 examine1 and cross-examine the unaccompanied alien child and any witnesses2 7,b7 is authorized to sanction by civil money penalty any action 7or inaction7 in contempt of the judge's proper exercise of authority under this ,act2 and 7,c7 shall determine whether the unaccompanied alien child meets any of the criteria set out in subparagraphs 7,a7 through 7,i7 of section #bce7;a77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;a77#c771 and if so1 order the alien removed under subsection 7e77#b74 7#b7 ,form of proceeding ,a proceeding under this section may take place-- 7,a7 in person2 7,b7 at a location agreed to by the parties1 in the absence of the unaccompanied alien child2 7,c7 by video conference2 or 7,d7 by telephone conference4 7#c7 ,presence of alien ,if it is impracticable by reason of the mental incompetency of the unaccompanied alien child for the alien to be present at the proceeding1 the ,attorney ,general shall prescribe safeguards to protect the rights and privileges of the alien4 7#d7 ,rights of the alien ,in a proceeding under this section-- 7,a7 the unaccompanied alien child shall be provided access to counsel in accordance with section #bce7;c77#e7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77#e772 7,b7 the alien shall be given a reasonable opportunity-- 7i7 to examine the evidence against the alien2 7ii7 to present evidence on the alien's own behalf2 and 7iii7 to cross-examine witnesses presented by the ,government2 7,c7 the rights set forth in subparagraph 7,b7 shall not entitle the alien-- 7i7 to examine such national security information as the ,government may proffer in opposition to the alien's admission to the ,united ,states2 or 7ii7 to an application by the alien for discretionary relief under this ,act2 and 7,d7 a complete record shall be kept of all testimony and evidence produced at the proceeding4 7#e7 ,withdrawal of application for admission ,an unaccompanied alien child applying for admission to the ,united ,states may1 and at any time before the issuance of a final order of removal1 be permitted to withdraw the application and immediately be returned to the alien's country of nationality or country of last habitual residence4 7#f7 ,consequences of failure to appear ,an unaccompanied alien child who does not attend a proceeding under this section1 shall be ordered removed1 except under exceptional circumstances where the alien's absence is the fault of the ,government1 a medical emergency1 or an act of nature4 7d7 ,decision and burden of proof 7#a7 ,decision 7,a7 ,in general ,notwithstanding section #bce7;b71 at the conclusion of a proceeding under this section1 the immigration judge shall determine whether an unaccompanied alien child is likely-- 7i7 to be admissible to the ,united ,states2 or 7ii7 to be eligible for any form of relief from removal under this ,act4 7,b7 ,evidence ,the determination of the immigration judge under subparagraph 7,a7 shall be based only on the evidence produced at the hearing4 7#b7 ,burden of proof 7,a7 ,in general ,in a proceeding under this section1 an unaccompanied alien child who is an applicant for admission has the burden of establishing1 by clear and convincing evidence1 that the alien-- 7i7 is likely to be entitled to be lawfully admitted to the ,united ,states or eligible for any form of relief from removal under this ,act2 or 7ii7 is lawfully present in the ,united ,states pursuant to a prior admission4 7,b7 ,access to documents ,in meeting the burden of proof under subparagraph 7,a77ii71 the alien shall be given access to-- 7i7 the alien's visa or other entry document1 if any2 and 7ii7 any other records and documents1 not considered by the ,attorney ,general to be confidential1 pertaining to the alien's admission or presence in the ,united ,states4 7e7 ,orders 7#a7 ,placement in further proceedings ,if an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection 7d77#b71 the immigration judge shall order the alien to be placed in further proceedings in accordance with section #bdj4 7#b7 ,orders of removal ,if an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection 7d77#b71 the judge shall order the alien removed from the ,united ,states without further hearing or review unless the alien claims-- 7,a7 an intention to apply for asylum under section #bjh2 7,b7 a fear of persecution2 or 7,c7 a fear of torture4 7#c7 ,claims for asylum ,if an unaccompanied alien child described in paragraph 7#b7 claims an intention to apply for asylum under section #bjh1 a fear of persecution1 or a fear of torture1 the immigration judge shall order the alien referred for an interview by an asylum officer under subsection 7f74 7f7 ,asylum interviews 7#a7 ,credible fear of persecution or torture defined ,in this subsection1 the term credible fear of persecution or torture means1 after taking into account the credibility of the statements made by an unaccompanied alien child in support of the alien's claim and such other facts as are known to the asylum officer1 there is a significant possibility that the alien could establish eligibility for-- 7,a7 asylum under section #bjh2 or 7,b7 protection from removal based on ,article #c of the ,convention ,against ,torture and ,other ,cruel1 ,inhuman1 or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd4 7#b7 ,conduct by asylum officer ,an asylum officer shall conduct the interviews of an unaccompanied alien child referred under subsection 7e77#c74 7#c7 ,referral of certain aliens ,if the asylum officer determines at the time of the interview that an unaccompanied alien child has a credible fear of persecution or torture1 the alien shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 during further consideration of the application for asylum4 7#d7 ,removal without further review if no credible fear of persecution 7,a7 ,in general ,subject to subparagraph 7,c71 if the asylum officer determines that an unaccompanied alien child does not have a credible fear of persecution1 the asylum officer shall order the alien removed from the ,united ,states without further hearing or review4 7,b7 ,record of determination ,the asylum officer shall prepare a written record of a determination under subparagraph 7,a71 which shall include-- 7i7 a summary of the material facts as stated by the alien2 7ii7 such additional facts 7if any7 relied upon by the asylum officer2 7iii7 the asylum officer's analysis of why1 in light of such facts1 the alien has not established a credible fear of persecution2 and 7iv7 a copy of the asylum officer's interview notes4 7,c7 ,review of determination 7i7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process by which an immigration judge shall conduct a prompt review1 upon the alien's request1 of a determination under subparagraph 7,a7 that the alien does not have a credible fear of persecution or torture4 7ii7 ,mandatory components ,the review described in clause 7i7-- 7,i7 shall include an opportunity for the alien to be heard and questioned by the immigration judge1 either in person or by telephonic or video connection2 and 7,,ii7 shall be concluded as expeditiously as possible1 to the maximum extent practicable within #bd hours1 but in no case later than #g days after the date of the determination under subparagraph 7,a74 7,d7 ,mandatory protective custody ,any alien subject to the procedures under this paragraph shall be held in the custody of the ,secretary of ,health and ,human ,services pursuant to section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77-- 7i7 pending a final determination of an application for asylum under this subsection2 and 7ii7 after a determination under this subsection that the alien does not have a credible fear of persecution1 until the alien is removed4 7g7 ,limitation on administrative review 7#a7 ,in general ,except as provided in subsection 7f77#d77;,c7 and paragraph 7#b71 a removal order entered in accordance with subsection 7e77#b7 or 7f77#d77;,a7 is not subject to administrative appeal4 7#b7 ,rulemaking ,the ,attorney ,general shall establish1 by regulation1 a process for the prompt review of an order under subsection 7e77#b7 against an alien who claims under oath1 or as permitted under penalty of perjury under section #agdf of title #bh1 ,united ,states ,code1 after having been warned of the penal ties for falsely making such claim under such conditions to have been-- 7,a7 lawfully admitted for permanent residence2 7,b7 admitted as a refugee under section #bjg2 or 7,c7 granted asylum under section #bjh4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bce;,a the following3 ,sec4 #bce;,b4 ,humane and expedited inspection and screening for unaccompanied alien children4 4 7b7 ,judicial review of orders of removal ,section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking section #bce7;b77#a77 and inserting section #bce7;b77#a7 or an order of removal issued to an unaccompanied alien child after proceedings under section #bce;,b2 and 7,b7 in paragraph 7#b7-- 7i7 by inserting or section #bce;,b after section #bce7;b77#a7 each place such term appears2 and 7ii7 in subparagraph 7,a7-- 7,i7 in the subparagraph heading1 by inserting or #bce;,b after section #bce7;b77#a72 and 7,,ii7 in clause 7iii71 by striking section #bce7;b77#a77;,b71 and inserting section #bce7;b77#a77;,b7 or #bce;,b7f722 and 7#b7 in subsection 7e7-- 7,a7 in the subsection heading1 by inserting or #bce;,b after section #bce7;b77#a72 7,b7 by inserting or section #bce;,b after section #bce7;b77#a7 each place such term appears2 7,c7 in subparagraph 7#b77;,c71 by inserting or section #bce;,b7g7 after section #bce7;b77#a77;,c72 and 7,d7 in subparagraph 7#c77;,a71 by inserting or section #bce;,b after section #bce7;b74 #acbc4 ,child welfare and law enforcement information sharing ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 is amended by adding at the end the following3 7#e7 ,information sharing 7,a7 ,immigration status ,if the ,secretary of ,health and ,human ,services considers placement of an unaccompanied alien child with a potential sponsor1 the ,secretary of ,homeland ,security shall provide to the ,secretary of ,health and ,human ,services the immigration status of such potential sponsor before the placement of the unaccompanied alien child4 7,b7 ,other information ,the ,secretary of ,health and ,human ,services shall provide to the ,secretary of ,homeland ,security and the ,attorney ,general1 upon request1 any relevant information related to an unaccompanied alien child who is or has been in the custody of the ,secretary of ,health and ,human ,services1 including the location of the child and any person to whom custody of the child has been transferred1 for any legitimate law enforcement objective1 including the enforcement of the immigration laws4 4 #acbd4 ,accountability for children and taxpayers ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b771 as amended by section #acbc1 is further amended by adding at the end the following3 7#f7 ,inspection of facilities ,the ,inspector ,general of the ,department of ,health and ,human ,services shall conduct regular inspections of facilities utilized by the ,secretary of ,health and ,human ,services to provide care and custody of an unaccompanied alien children who are in the immediate custody of the ,secretary to ensure that such facilities are operated in the most efficient manner practicable4 7#g7 ,facility operations costs ,the ,secretary of ,health and ,human ,services shall ensure that facilities utilized to provide care and custody of unaccompanied alien children are operated efficiently and at a rate of cost that is not greater than #ejj per day for each child housed or detained at such facility1 unless the ,secretary certifies that compliance with this requirement is temporarily impossible due to emergency circumstances4 4 #acbe4 ,custody of unaccompanied alien children in formal removal proceeding 7a7 ,in general ,section #bce7;c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77 is amended-- 7#a7 in paragraph 7#b7 by adding at the end the following3 7,c7 ,children in formal removal proceedings 7i7 ,limitation on placement ,notwithstanding any settlement or consent decree previously issued before the date of the enactment of the ,protecting ,children and ,america's ,homeland ,act of #bjag and section #bcf4c of title #h1 ,code of ,federal ,regulations1 or a similar successor regulation1 an unaccompanied alien child who has been placed in a proceeding under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 may not be placed in the custody of a nongovernmental sponsor or otherwise released from the immediate custody of the ,united ,states ,government unless-- 7,i7 the nongovernmental sponsor is a biological or adoptive parent or legal guardian of the unaccompanied alien child2 7,,ii7 the parent or legal guardian is legally present in the ,united ,states at the time of the placement2 7,,iii7 the parent or legal guardian has undergone a mandatory biometric criminal history check2 7,,iv7 if the nongovernmental sponsor is the biological parent1 the parent's relationship to the alien child has been verified through ,,dna testing conducted by the ,secretary of ,health and ,human ,services2 7,v7 if the nongovernmental sponsor is the adoptive parent1 the parent's relationship to the alien child has been verified with the judicial court that issued the final legal adoption decree by the ,secretary of ,health and ,human ,services2 and 7,,vi7 the ,secretary of ,health and ,human ,services has determined that the alien child is not a danger to self1 a danger to the community1 or at risk of flight4 7ii7 ,exceptions ,if the ,secretary of ,health and ,human ,services determines that an unaccompanied alien child is a victim of severe forms of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb771 a special needs child with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb771 a child who has been a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been significantly harmed or threatened1 or a child with mental health needs that require ongoing assistance from a social welfare agency1 the alien child may be placed with a grandparent or adult sibling if the grandparent or adult sibling meets the requirements under subclauses 7,,ii71 7,,iii71 and 7,,iv7 of clause 7i74 7iii7 ,monitoring 7,i7 ,in general ,if an unaccompanied alien child who is #ae1 #af1 or #ag years of age is placed with a nongovernmental sponsor or1 if an unaccompanied alien child who is younger than #ae years of age is placed with a nongovernmental sponsor1 such nongovernmental sponsor shall-- 7aa7 enroll in the alternative to detention program of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7bb7 continuously wear an electronic ankle monitor while the unaccompanied alien child is in removal proceedings4 7,,ii7 ,penalty for monitor tampering ,if an electronic ankle monitor required by subclause 7,i7 is tampered with1 the sponsor of the unaccompanied alien child shall be subject to a civil penalty of #aej for each day the monitor is not functioning due to the tampering1 up to a maximum of #c1jjj4 7iv7 ,effect of violation of conditions ,the ,secretary of ,health and ,human ,services shall remove an unaccompanied alien child from a sponsor if the sponsor violates the terms of the agreement specifying the conditions under which the alien was placed with the sponsor4 7v7 ,failure to appear 7,i7 ,civil penalty ,if an unaccompanied alien child is placed with a sponsor and fails to appear in a mandatory court appearance1 the sponsor shall be subject to a civil penalty of #bej for each day until the alien appears in court1 up to a maximum of #e1jjj4 7,,ii7 ,burden of proof ,the sponsor is not subject to the penalty imposed under subclause 7,i7 if the sponsor-- 7aa7 appears in person and proves to the immigration court that the failure to appear by the unaccompanied alien child was not the fault of the sponsor2 and 7bb7 supplies the immigration court with documentary evidence that supports the assertion described in item 7aa74 7vi7 ,prohibition on placement with sex offenders and human traffickers ,the ,secretary of ,health and ,human ,services may not place an unaccompanied alien child under this subparagraph in the custody of an individual who has been convicted of1 or the ,secretary has reason to believe was otherwise involved in the commission of-- 7,i7 a sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa772 7,,ii7 a crime involving severe forms of trafficking in persons 7as defined in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb772 or 7,,iii7 an offense under ,federal1 ,state1 or ,tribal law that has1 as an element of the offense1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon4 7vii7 ,requirements of criminal background check ,a biometric criminal history check required under clause 7i77,,iii7 shall be conducted using a set of fingerprints or other biometric identifier through-- 7,i7 the ,federal ,bureau of ,investigation2 7,,ii7 criminal history repositories of all ,states that the individual lists as current or former residences2 and 7,,iii7 any other ,state or ,federal database or repository that the ,secretary of ,health and ,human ,services determines is appropriate4 4 7b7 ,home studies and follow-up services for unaccompanied alien children ,section #bce7;c77#c7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;c77 is amended-- 7#a7 by redesignating subparagraph 7,c7 as 7,d72 and 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,home studies 7i7 ,in general ,before placing the child with an individual1 the ,secretary of ,health and ,human ,services shall determine whether a home study is necessary4 7ii7 ,required home studies ,a home study shall be conducted for a child-- 7,i7 who is a victim of a severe form of trafficking in persons or is a special needs child with a disability 7as defined in section #abajb of title #db72 7,,ii7 who has been a victim of physical or sexual abuse under circumstances that indicate that the child's health or welfare has been significantly harmed or threatened2 or 7,,iii7 whose proposed sponsor clearly presents a risk of abuse1 maltreatment1 exploitation1 or trafficking to the child based on all available objective evidence4 7,c7 ,follow-up services and additional home studies 7i7 ,pendency of removal proceedings ,every #f months1 the ,secretary of ,health and ,human ,services shall conduct follow-up services for children for whom a home study was conducted and who were placed with a nongovernmental sponsor until initial removal proceedings have been completed and the immigration judge has issued an order of removal1 granted voluntary departure under section #bdj;,b1 or granted the alien relief from removal4 7ii7 ,children with mental health or other needs ,every #f months1 for up to #b years from the date of placement with a nongovernmental sponsor1 the ,secretary of ,health and ,human ,services shall conduct follow-up services for children with mental health needs or other needs that could benefit from ongoing assistance from a social welfare agency4 7iii7 ,children at risk ,every #c months1 for up to #b years from the date of placement with a nongovernmental sponsor1 the ,secretary of ,health and ,human ,services shall conduct home studies and follow-up services1 including partnering with local community programs that focus on early morning and after-school programs for at risk children who need a secure environment to engage in studying1 training1 and skills-building programs and who are at risk for recruitment by criminal gangs or other transnational criminal organizations in the ,united ,states4 4 7c7 ,detention of accompanied minors 7#a7 ,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 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f7 respectively2 and 7,b7 by inserting after subsection 7c7 the following3 7d7 ,detention of accompanied minors 7#a7 ,in general ,notwithstanding any other provision of law-- 7,a7 judicial determination1 consent decree1 or settlement agreement1 the detention of any alien minor who is not described in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 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 #abca72 and 7,b7 the decision whether to detain or release the alien minor shall be in the sole and unreviewable discretion of the ,secretary of ,homeland ,security4 7#b7 ,limitations on release ,the release of an alien minor who is not described in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 may not be presumed and an alien minor not described in such section may not be released by the ,secretary to anyone other than a parent or legal guardian4 7#c7 ,conditions of confinement ,the conditions of confinement applicable to alien minors who are not described in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 shall be determined in the sole and unreviewable discretion of the ,secretary of ,homeland ,security1 and specific licensing requirements may not be imposed other than requirements determined appropriate by the ,secretary4 4 7#b7 ,effective date ,the amendments made by subparagraph 7#a7shall take effect on the date of enactment of this ,act and shall apply regardless of the date on which the actions giving rise to removability or detention took place4 #acbf4 ,fraud in connection with the transfer of custody of unaccompanied alien children 7a7 ,in general ,chapter #dg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ajda4 ,fraud in connection with the transfer of custody of unaccompanied alien children 7a7 ,in general ,it shall be unlawful for a person to obtain custody of an unaccompanied alien child 7as defined in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g777 by-- 7#a7 making any materially false1 fictitious1 or fraudulent statement or representation2 or 7#b7 making or using any false writing or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry4 7b7 ,penalties 7#a7 ,in general ,any person who violates1 or attempts or conspires to violate1 this section shall be fined under this title and imprisoned for not less than #a year4 7#b7 ,enhanced penalty for trafficking ,if the primary purpose of the violation1 attempted violation1 or conspiracy to violate this section was to subject the child to sexually explicit activity or any other form of exploitation1 the offender shall be fined under this title and imprisoned for not less than #ae years4 4 7b7 ,clerical amendment ,the table of sections for chapter #dg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdj the following3 #ajda4 ,fraud in connection with the transfer of custody of unaccompanied alien children4 4 #acbg4 ,notification of ,states and foreign governments1 reporting1 and monitoring 7a7 ,notification ,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 ,notification to ,states 7#a7 ,before placement ,the ,secretary of ,homeland ,security or the ,secretary of ,health and ,human ,services shall notify the ,governor of a ,state not later than #dh hours before the placement of an unaccompanied alien child from in custody of such ,secretary in the care of a facility or sponsor in such ,state4 7#b7 ,initial reports ,not later than #fj days after the date of the enactment of the ,protecting ,children and ,america's ,homeland ,act of #bjag1 the ,secretary of ,health and ,human ,services shall submit a report to the ,governor of each ,state in which an unaccompanied alien child was discharged to a sponsor or placed in a facility while remaining in the legal custody of the ,secretary during the period beginning ,october #a1 #bjac and ending on the date of the enactment of the ,protecting ,children and ,america's ,homeland ,act of #bjag4 7#c7 ,monthly reports ,the ,secretary of ,health and ,human ,services shall submit a monthly report to the ,governor of each ,state in which1 during the reporting period1 unaccompanied alien children were discharged to a sponsor or placed in a facility while remaining in the legal custody of the ,secretary of ,health and ,human ,services4 7#d7 ,contents ,each report required to be submitted to the ,governor of a ,state under paragraph 7#b7 or 7#c7 shall identify the number of unaccompanied alien children placed in the ,state during the reporting period1 disaggregated by-- 7,a7 the locality in which the aliens were placed2 and 7,b7 the age of such aliens4 7k7 ,notification of foreign country ,the ,secretary of ,homeland ,security shall provide information regarding each unaccompanied alien child to the government of the country of which the child is a national to assist such government with the identification and reunification of such child with their parent or other qualifying relative4 7l7 ,monitoring requirement ,the ,secretary of ,health and ,human ,services shall-- 7#a7 require all sponsors to agree-- 7,a7 to receive approval from the ,secretary of ,health and ,human ,services before changing the location in which the sponsor is housing an unaccompanied alien child placed in the sponsor's custody2 and 7,b7 to provide a current address for the child and the reason for the change of address2 7#b7 provide regular and frequent monitoring of the physical and emotional well-being of each unaccompanied alien child who has been discharged to a sponsor or remained in the legal custody of the ,secretary until the child's immigration case is resolved2 and 7#c7 not later than #fj days after the date of the enactment of this ,act1 submit a plan to ,congress for implementing the requirements under paragraphs 7#a7 and 7#b74 4 #acbh4 ,emergency immigration judge resources 7a7 ,designation ,not later than #ad days after the date of the enactment of this ,act1 the ,attorney ,general shall designate up to #ajj immigration judges1 including through the hiring of retired immigration judges1 magistrate judges1 or administrative law judges1 or the reassignment of current immigration judges1 that are dedicated-- 7#a7 to conducting humane and expedited inspection and screening for unaccompanied alien children under section #bce;,b of the ,immigration and ,nationality ,act1 as added by section #acbb2 or 7#b7 to reducing existing backlogs in immigration court proceedings initiated under section #bci of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi74 7b7 ,requirement ,the ,attorney ,general shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection 7a77#a7 and the ,secretary shall ensure that sufficient immigration attorneys are dedicated to such purpose to comply with the requirement under section #bce;,b7b77#a7 of the ,immigration and ,nationality ,act1 as added by section #acbb4 7c7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj1 for each of the fiscal years #bjah through #bjbb1 to implement this section4 #acbi4 ,reports to ,congress 7a7 ,reports on care of unaccompanied alien children ,not later than ,september #cj1 #bjai1 the ,secretary of ,health and ,human ,services shall submit to ,congress and make publicly available a report that includes-- 7#a7 a detailed summary of the contracts in effect to care for and house unaccompanied alien children1 including the names and locations of contractors and the facilities being used2 7#b7 the cost per day to care for and house an unaccompanied alien child1 including an explanation of such cost2 7#c7 the number of unaccompanied alien children who have been released to a sponsor1 if any2 7#d7 a list of the ,states to which unaccompanied alien children have been released from the custody of the ,secretary of ,health and ,human ,services to the care of a sponsor or placement in a facility2 7#e7 the number of unaccompanied alien children who have been released to a sponsor who is not lawfully present in the ,united ,states1 including the country of nationality or last habitual residence and age of such children2 7#f7 a determination of whether more than #a unaccompanied alien child has been released to the same sponsor1 including the number of children who were released to such sponsor2 7#g7 an assessment of the extent to which the ,secretary of ,health and ,human ,services is monitoring the release of unaccompanied alien children1 including home studies done and electronic monitoring devices used2 7#h7 an assessment of the extent to which the ,secretary of ,health and ,human ,services is making efforts-- 7,a7 to educate unaccompanied alien children about their legal rights2 and 7,b7 to provide unaccompanied alien children with access to pro bono counsel2 and 7#i7 the extent of the public health issues of unaccompanied alien children1 including contagious diseases1 the benefits or medical services provided1 and the outreach to ,states and localities about public health issues1 that could affect the public4 7b7 ,reports on repatriation agreements ,not later than ,september #cj1 #bjah1 the ,secretary of ,state shall submit to ,congress and make publically available a report that-- 7#a7 includes a copy of any repatriation agreement for unaccompanied alien children in effect2 7#b7 describes any such repatriation agreement that is being considered or negotiated2 and 7#c7 describes the funding provided to the #bj countries that have the highest number of nationals entering the ,united ,states as unaccompanied alien children1 including amounts provided-- 7,a7 to deter the nationals of each country from illegally entering the ,united ,states2 and 7,b7 to care for or reintegrate repatriated unaccompanied alien children in the country of nationality or last habitual residence4 7c7 ,reports on returns to country of nationality ,not later than ,september #cj1 #bjai1 the ,secretary of ,homeland ,security shall submit to ,congress and make publicly available a report that describes-- 7#a7 the number of unaccompanied alien children who have voluntarily returned to their country of nationality or habitual residence1 disaggregated by-- 7,a7 country of nationality or habitual residence2 and 7,b7 age of the unaccompanied alien children2 7#b7 the number of unaccompanied alien children who have been returned to their country of nationality or habitual residence1 including the length of time such children were present in the ,united ,states2 7#c7 the number of unaccompanied alien children who have not been returned to their country of nationality or habitual residence pending travel documents or other requirements from such country1 including how long they have been waiting to return2 and 7#d7 the number of unaccompanied alien children who were granted relief in the ,united ,states1 whether through asylum1 any other immigration benefit or status1 or deferred action4 7d7 ,reports on immigration proceedings ,not later than ,september #cj1 #bjai1 and once every #c months thereafter1 the ,secretary of ,homeland ,security1 in coordination with the ,director of the ,executive ,office for ,immigration ,review1 shall submit to ,congress and make publically available a report that describes-- 7#a7 the number of unaccompanied alien children who1 after proceedings under section #bce7;b7 of the ,immigration and ,nationality ,act1 as added by section #acbb1 were returned to their country of nationality or habitual residence1 disaggregated by-- 7,a7 country of nationality or residence2 and 7,b7 age and gender of such aliens2 7#b7 the number of unaccompanied alien children who1 after proceedings under such section #bce;,b1 prove a claim of admissibility and are placed in proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a72 7#c7 the number of unaccompanied alien children who fail to appear at a removal hearing that such alien was required to attend2 7#d7 the number of sponsors who were levied a penalty1 including the amount and whether the penalty was collected1 for the failure of an unaccompanied alien child to appear at a removal hearing2 and 7#e7 the number of aliens that are classified as unaccompanied alien children1 the ages and countries of nationality of such children1 and the orders issued by the immigration judge at the conclusion of proceedings under such section #bce;,b for such children4 ,d ,penalties for smuggling1 drug trafficking1 human trafficking1 terrorism1 and illegal entry and reentry2 bars to readmission of removed aliens #adja4 ,dangerous human smuggling1 human trafficking1 and human rights violations 7a7 ,criminal penalties for ,human ,smuggling and ,trafficking ,section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by amending clause 7ii7 to read as follows3 7ii7 knowing1 or in reckless disregard of the fact1 that an alien has come to1 entered into1 or remains in the ,united ,states in violation of law-- 7,i7 transports1 moves1 or attempts to transport or move such alien within the ,united ,states by means of transportation or otherwise1 in furtherance of such violation of law2 or 7,,ii7 transports or moves the alien with the purpose of facilitating the illegal entry of the alien into ,canada or ,mexico4 2 and 7,b7 in subparagraph 7,b7-- 7i7 by redesignating clauses 7iii7 and 7iv7 as clauses 7vi7 and 7vii71 respectively2 7ii7 in clause 7vi71 as redesignated1 by inserting for not less than #aj years and before not more than #bj years12 and 7iii7 by inserting after clause 7ii7 the following3 7iii7 in the case of a violation of clause 7i71 7ii71 7iii71 7iv71 or 7v7 of subparagraph 7,a7 that is the third or subsequent violation committed by such person under this section1 shall be fined under title #ah1 imprisoned for not less than #e years and not more than #be years1 or both2 7iv7 in the case of a violation of clause 7i71 7ii71 7iii71 7iv71 or 7v7 of subparagraph 7,a7 that recklessly1 knowingly1 or intentionally results in a victim being involuntarily forced into labor or prostitution1 shall be fined under title #ah1 imprisoned for not less than #e years and not more than #be years1 or both2 7v7 in the case of a violation of clause 7i71 7ii71 7iii71 7iv71 or 7v7 of subparagraph 7,a7 during and in relation to which any person is subjected to an involuntary sexual act 7as defined in section #bbdf7b7 of title #ah71 be fined under title #ah1 imprisoned for not less than #e years and not more than #be years1 or both2 2 and 7#b7 by adding at the end the following3 7#e7 ,any person who1 knowing that a person is an alien in unlawful transit from #a country to another or on the high seas1 transports1 moves1 harbors1 conceals1 or shields from detection such alien outside of the ,united ,states when the alien is seeking to enter the ,united ,states without official permission or legal authority1 shall for1 each alien in respect to whom a violation of this paragraph occurs1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both4 4 7b7 ,seizure and forfeiture ,section #bgd7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;b77#a77 is amended to read as follows3 7#a7 ,in general ,any real or personal property involved in or used to facilitate the commission of a violation or attempted violation of subsection 7a71 the gross proceeds of such violation or attempted violation1 and any property traceable to such property or proceeds1 shall be seized and subject to forfeiture4 4 #adjb4 ,putting the ,brakes on ,human ,smuggling ,act 7a7 ,short title ,this section may be cited as the ,putting the ,brakes on ,human ,smuggling ,act4 7b7 ,first violation ,section #cacaj7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,d71 by striking the or at the end2 7#b7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,f7 using a commercial motor vehicle in willfully aiding or abetting an alien's illegal entry into the ,united ,states by transporting1 guiding1 directing1 or attempting to assist the alien with the alien's entry in violation of section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe71 regardless of whether the alien is ultimately fined or imprisoned for an act in violation of such section2 or 7,g7 using a commercial motor vehicle in willfully aiding or abetting the transport of controlled substances1 monetary instruments1 bulk cash1 or weapons by any individual departing the ,united ,states4 4 7c7 ,second or multiple violations ,section #cacaj7;c77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e71 by striking the or at the end2 7#b7 by redesignating subparagraph 7,f7 as subparagraph 7,h72 7#c7 in subparagraph 7,h71 as redesignated1 by striking 7,e7 and inserting 7,f72 and 7#d7 by inserting after subparagraph 7,e7 the following3 7,f7 using a commercial motor vehicle more than once in willfully aiding or abetting an alien's illegal entry into the ,united ,states by transporting1 guiding1 directing and attempting to assist the alien with the alien's entry in violation of section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe71 regardless of whether the alien is ultimately fined or imprisoned for an act in violation of such section2 7,g7 using a commercial motor vehicle in willfully aiding or abetting the transport of controlled substances1 monetary instruments1 bulk cash1 or weapons by any individual departing the ,united ,states2 or 4 7d7 ,lifetime disqualification ,section #cacaj7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,lifetime disqualification ,the ,secretary shall permanently disqualify an individual from operating a commercial motor if the individual uses a commercial motor vehicle-- 7#a7 in committing a felony involving manufacturing1 distributing1 or dispensing a controlled substance1 or possession with intent to manufacture1 distribute1 or dispense a controlled substance2 7#b7 in committing an act for which the individual is convicted under-- 7,a7 section #bgd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd72 or 7,b7 section #bgg of such ,act 7#h ,u4,s4,c4 #acbg72 or 7#c7 in willfully aiding or abetting the transport of controlled substances1 monetary instruments1 bulk cash1 and weapons by any individual departing the ,united ,states4 4 7e7 ,reporting requirements 7#a7 ,commercial driver's license information system ,section #cacji7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,g7 whether the operator was disqualified1 either temporarily or permanently1 from operating a commercial motor vehicle under section #cacaj1 including under subsection 7b77#a77;,f71 7c77#a77;,f71 or 7d7 of such section4 4 7#b7 ,notification by the state ,section #cacaa7;a77#h7 of title #di1 ,united ,states ,code1 is amended by inserting including such a disqualification1 revocation1 suspension1 or cancellation made pursuant to a disqualification under subsection 7b77#a77;,f71 7c77#a77;,f71 or 7d7 of section #cacaj1 after #fj days14 #adjc4 ,drug trafficking and crimes of violence committed by illegal aliens 7a7 ,in general ,title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bg the following3 #bh ,drug trafficking and crimes of violence committed by illegal aliens #eha4 ,enhanced penalties for drug trafficking and crimes committed by illegal aliens4 #eha4 ,enhanced penalties for drug trafficking and crimes committed by illegal aliens 7a7 ,offense ,any alien unlawfully present in the ,united ,states1 who commits1 conspires to commit1 or attempts to commit a an offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon or a drug trafficking crime 7as defined in section #ibd7 shall be fined under this title imprisoned for not less than #e years1 or both4 7b7 ,enhanced penalties for aliens ordered removed ,any alien unlawfully present in the ,united ,states who violates subsection 7a7 and was ordered removed under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 on the grounds of having committed a crime before the violation of subsection 7a71 shall be fined under this title1 imprisoned for not less than #ae years1 or both4 7c7 ,requirement for consecutive sentences ,any term of imprisonment imposed under this section shall be consecutive to any term imposed for any other offense4 4 7b7 ,clerical amendment ,the table of chapters at the beginning of part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bg the following3 #bh4 ,drug trafficking and crimes of violence committed by illegal aliens#eha 4 #adjd4 ,establishing inadmissibility and deportability 7a7 ,inadmissible aliens ,section #bab7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77 is amended by adding at the end the following3 7iii7 ,consideration of other evidence ,if the conviction records do not conclusively establish whether a crime constitutes a crime involving moral turpitude1 the ,secretary may consider other evidence related to the conviction1 including charging documents1 plea agreements1 plea colloquies1 jury instructions1 police reports1 that clearly establishes that the conduct for which the alien was engaged constitutes a crime involving moral turpitude4 4 7b7 ,deportable aliens 7#a7 ,general crimes ,section #bcg7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,a77 is amended by inserting after clause 7iv7 the following3 7v7 ,crimes involving moral turpitude ,if the conviction records do not conclusively establish whether a crime constitutes a crime involving moral turpitude1 the ,secretary or the ,attorney ,general may consider other evidence related to the conviction1 including charging documents1 plea agreements1 plea colloquies1 jury instructions1 and police reports1 that clearly establishes that the conduct for which the alien was engaged constitutes a crime involving moral turpitude4 4 7#b7 ,domestic violence ,section #bcg7;a77#b77;,e7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,e77 is amended by adding at the end the following3 7iii7 ,crime of violence ,if the conviction records do not conclusively establish whether a crime of domestic violence constitutes a crime of violence or an offense under ,federal1 ,state1 or ,tribal law that has1 as an element of the crime1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon1 the ,secretary or the ,attorney ,general may consider other evidence related to the conviction1 including charging documents1 plea agreements1 plea colloquies1 jury instructions1 and police reports1 that clearly establishes that the conduct for which the alien was engaged constitutes a crime of violence or an offense under ,federal1 ,state1 or ,tribal law that has1 as an element of the crime1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon4 4 7c7 ,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 #adje4 ,penalties for illegal entry2 enhanced penalties for entering with intent to aid1 abet1 or commit terrorism 7a7 ,in general ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is amended by striking the section heading and subsections 7a7 and 7b7 and inserting the following3 #bge4 ,illegal entry 7a7 ,in general 7#a7 ,bars to immigration relief and benefits ,any alien shall be ineligible for all immigration benefits or relief available under the immigration laws1 including relief under section #bdj;,b1 #bde1 #bdh1 and #bdi1 other than asylum1 relief as a victim of trafficking under section #aja7;a77#ae77,t71 relief as a victim of criminal activity under section #aja7;a77#ae77,u71 relief as a ,,vawa self-petitioner1 relief as a battered spouse or child under section #bdj;,a7b77#b71 withholding of removal under section #bda7;b77#c71 or protection from removal based on a claim under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd1 if the alien-- 7,a7 enters1 crosses1 or attempts to enter or cross the border into the ,united ,states at any time or place other than as designated by immigration officers2 7,b7 eludes1 at any time or place1 examination or inspection by an authorized immigration1 customs1 or agriculture officer 7including failing to stop at the command of such officer72 or 7,c7 enters or crosses the border to the ,united ,states and1 upon examination or inspection1 makes a false or misleading representation or conceals a material fact1 including such representation or willful concealment in the context of arrival1 reporting1 entry1 or clearance1 requirements of the customs laws1 immigration laws1 agriculture laws1 or shipping laws4 7#b7 ,criminal offenses ,an alien shall be subject to the penalties under paragraph 7#c7 if the alien-- 7,a7 enters1 crosses1 or attempts to enter or cross the border into the ,united ,states at any time or place other than as designated by immigration officers2 7,b7 eludes1 at any time or place1 examination or inspection by an authorized immigration1 customs1 or agriculture officer 7including failing to stop at the command of such officer72 or 7,c7 enters or crosses the border to the ,united ,states and1 upon examination or inspection1 makes a false or misleading representation or conceals a material fact1 including such representation or concealment in the context of arrival1 reporting1 entry1 or clearance1 requirements of the customs laws1 immigration laws1 agriculture laws1 or shipping laws4 7#c7 ,criminal penalties ,any alien who violates any provision under paragraph 7#a7-- 7,a7 shall1 for the first violation1 be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #f months1 or both2 7,b7 shall1 for a second or subsequent violation1 or following an order of voluntary departure1 be fined under such title1 imprisoned not more than #b years1 or both2 7,c7 if the violation occurred after the alien had been convicted of #c or more misdemeanors 7at least #a of which involves controlled substances1 abuse of a minor1 trafficking or smuggling1 or any offense that could result in serious bodily harm or injury to another person71 a significant misdemeanor1 or a felony1 shall be fined under such title1 imprisoned not more than #aj years1 or both2 7,d7 if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than #cj months1 shall be fined under such title1 imprisoned not more than #ae years1 or both2 and 7,e7 if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than #fj months1 such alien shall be fined under such title1 imprisoned not more than #bj years1 or both4 7#d7 ,prior convictions ,the prior convictions described in subparagraphs 7,c7 through 7,e7 of paragraph 7#c7 are elements of the offenses described in that paragraph and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7,a7 alleged in the indictment or information2 and 7,b7 proven beyond a reasonable doubt at trial2 or 7,c7 admitted by the defendant4 7#e7 ,duration of offenses ,an offense under this subsection continues until the alien is discovered within the ,united ,states by an immigration1 customs1 or agriculture officer4 7#f7 ,attempt ,any person who attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense4 7b7 ,improper time or place2 civil penalties 7#a7 ,in general ,any alien who is apprehended while entering1 attempting to enter1 or crossing or attempting to cross the border to the ,united ,states at a time or place other than as designated by immigration officers shall be subject to a civil penalty1 in addition to any criminal or other civil penalties that may be imposed under any other provision of law1 in an amount equal to-- 7,a7 not less than #ej or more than #bej for each such entry1 crossing1 attempted entry1 or attempted crossing2 or 7,b7 twice the amount specified in paragraph 7#a7 if the alien had previously been subject to a civil penalty under this subsection4 7#b7 ,civil penalties ,civil penalties under paragraph 7#a7 are in addition to1 and not in place of1 any criminal or other civil penalties that may be imposed4 4 7b7 ,enhanced penalties ,section #bge of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 is further amended by adding at the end the following3 7e7 ,enhanced penalty for terrorist aliens ,any alien who commits an offense described in subsection 7a7 for the purpose of engaging in1 or with the intent to engage in1 any ,federal crime of terrorism 7as defined in section #bccb;b7g7 of title #ah1 ,united ,states ,code7 shall be imprisoned for not less than #aj years and not more than #cj years4 4 7c7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by striking the item relating to section #bge and inserting the following3 ,sec4 #bge4 ,illegal entry4 4 7d7 ,application 7#a7 ,prior convictions ,section #bge7;a77#d7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 shall apply only to violations of section #bge7;a77#b7 of such ,act committed on or after the date of enactment of this ,act4 7#b7 ,bars to immigration relief and benefits ,section #bge7;a77#a7 of such ,act1 as amended by subsection 7a71 shall take effect on the date of enactment and apply to any alien who1 on or after the date of enactment-- 7,a7 enters or crosses1 or attempts to enter or cross1 the border into the ,united ,states at any time or place other than as designated by immigration officers2 7,b7 eludes1 at any time or place1 examination or inspection by an authorized immigration1 customs1 or agriculture officer 7including failing to stop at the command of such officer72 or 7,c7 enters or crosses the border to the ,united ,states and1 upon examination or inspection1 makes a false or misleading representation or conceals a material fact1 including such representation or concealment in the context of arrival1 reporting1 entry1 or clearance1 requirements of the customs laws1 immigration laws1 agriculture laws1 or shipping laws4 #adjf4 ,penalties for reentry of removed aliens 7a7 ,short titles ,this section may be cited as the ,stop ,illegal ,reentry ,act or ,kate's ,law4 7b7 ,increased penalties for reentry of removed alien 7#a7 ,in general ,section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7 is amended to read as follows3 #bgf4 ,reentry of removed alien 7a7 ,in general 7#a7 ,bars to immigration relief and benefits ,any alien who has been denied admission1 excluded1 deported1 or removed or has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding shall be ineligible for all immigration benefits or relief available under the immigration laws1 including relief under section #bdj;,b1 #bde1 #bdh1 and #bdi1 other than asylum1 relief as a victim of trafficking under section #aja7;a77#ae77,t71 relief as a victim of criminal activity under section #aja7;a77#ae77,u71 relief as a ,,vawa self-petitioner1 relief as a battered spouse or child under section #bdj;,a7b77#b71 withholding of removal under section #bda7;b77#c71 or protection from removal based on a claim under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd1 if1 after such denial1 exclusion1 deportation1 removal1 or departure1 the alien enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 the ,united ,states1 unless-- 7,a7 if the alien is seeking admission more than #aj years after the date of the alien's last departure from the ,united ,states1 the ,secretary1 before the alien's reembarkation at a place outside of the ,united ,states or the alien's application for admission from a foreign contiguous territory1 has expressly consented to such alien's reapplying for admission2 or 7,b7 with respect to an alien previously denied admission and removed1 such alien establishes that the alien was not required to obtain such advance consent under this ,act or any other ,act4 7#b7 ,criminal offenses ,any alien who-- 7,a7 has been denied admission1 deported1 or removed or has departed the ,united ,states while an order of deportation1 or removal is outstanding2 and 7,b7 after such denial1 removal or departure1 enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 the ,united ,states1 unless-- 7i7 if the alien is seeking admission more than #aj years after the date of the alien's last departure from the ,united ,states1 the ,secretary1 before the alien's reembarkation at a place outside the ,united ,states or the alien's application for admission from a foreign contiguous territory1 has expressly consented to such alien's reapplying for admission2 or 7ii7 with respect to an alien previously denied admission and removed1 such alien establishes that the alien was not required to obtain such advance consent under this ,act or any other ,act1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7b7 ,criminal penalties for reentry of certain removed aliens 7#a7 ,reentry after removal ,notwithstanding the penalties under subsection 7a77#b71 and except as provided in subsection 7c7-- 7,a7 an alien described in subsection 7a7 who has been excluded from the ,united ,states pursuant to section #bce7;c7 because the alien was excludable under section #bab7;a77#c77;,b7 or who has been removed from the ,united ,states pursuant to the provisions of title ,v1 and thereafter1 without the permission of the ,secretary1 enters the ,united ,states1 or attempts to enter the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned for a period of #ae years1 which sentence shall not run concurrently with any other sentence2 7,b7 an alien described in subsection 7a7 who was removed from the ,united ,states pursuant to section #bcg7;a77#d77;,b7 and thereafter1 without the permission of the ,secretary1 enters1 attempts to enter1 or is at any time found in1 the ,united ,states 7unless the ,secretary has expressly consented to such alien's reentry7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #ae years1 or both2 and 7,c7 an alien described in subsection 7a7 who has been denied admission1 excluded1 deported1 or removed #b or more times for any reason and thereafter enters1 attempts to enter1 crosses the border1 attempts to cross the border1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #ae years1 or both4 7#b7 ,reentry of criminal aliens after removal ,notwithstanding the penalties under subsection 7a77#b71 and except as provided in subsection 7h7-- 7,a7 an alien described in subsection 7a7 who was convicted1 before the alien was subject to removal or departure1 of a significant misdemeanor shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 7,b7 an alien described in subsection 7a7 who was convicted1 before the alien was subject to removal or departure1 of #b or more misdemeanors involving drugs1 crimes against the person1 or both shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 7,c7 an alien described in subsection 7a7 who was convicted1 before the alien was subject to removal or departure1 of #c or more misdemeanors for which the alien was sentenced to a term of imprisonment of not less than #ij days for each offense1 or #ab months in the aggregate shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #aj years1 or both2 7,d7 an alien described in subsection 7a7 who was convicted1 before the alien was subject to removal or departure1 of a felony for which the alien was sentenced to a term of imprisonment of not less than #cj months shall be fined under such title1 imprisoned not more than #ae years1 or both2 7,e7 an alien described in subsection 7a7 who was convicted1 before the alien was subject to removal or departure1 of a felony for which the alien was sentenced to a term of imprisonment of not less than #fj months shall be fined under such title1 imprisoned not more than #bj years1 or both2 7,f7 an alien described in subsection 7a7 who was convicted of #c or more felonies of any kind shall be fined under such title1 imprisoned not more than #be years1 or both2 and 7,g7 an alien described in subsection 7a7 who was convicted1 before the alien was subject to removal or departure or after such removal or departure1 for murder1 rape1 kidnapping1 or a felony offense described in chapter #gg 7relating to peonage and slavery7 or #aac;,b 7relating to terrorism7 of such title shall be fined under such title1 imprisoned not more than #be years1 or both2 7c7 ,mandatory minimum criminal penalty for reentry of certain removed aliens ,notwithstanding the penalties under subsections 7a7 and 7b71 an alien described in subsection 7a7 shall be imprisoned not less than #e years and not more than #bj years1 and may1 in addition1 be fined under title #ah1 ,united ,states ,code1 if the alien-- 7#a7 was convicted1 before the alien was subject to removal or departure1 of an aggravated felony2 or 7#b7 was convicted at least twice before such removal or departure of illegal reentry under this section4 7d7 ,proof of prior convictions ,the prior convictions described in subsection 7b77#b7 are elements of the crimes described in that subsection1 and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are-- 7#a7 alleged in the indictment or information2 and 7#b7 7,a7 proven beyond a reasonable doubt at trial2 or 7,b7 admitted by the defendant4 7e7 ,affirmative defenses ,it shall be an affirmative defense to a violation of this section that-- 7#a7 before the alleged violation1 the alien sought and received the express consent of the ,secretary to reapply for admission into the ,united ,states2 or 7#b7 with respect to an alien previously denied admission and removed1 the alien-- 7,a7 was not required to obtain such advance consent under this ,act or any other ,act2 and 7,b7 had complied with all other laws and regulations governing the alien's admission into the ,united ,states4 7f7 ,limitation on collateral attack on underlying removal order ,in a criminal proceeding under this section1 an alien may not challenge the validity of a removal order described in subsection 7a71 7b71 or 7c7 concerning the alien unless the alien demonstrates that-- 7#a7 the alien exhausted any administrative remedies that may have been available to seek relief against the order2 7#b7 the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review2 and 7#c7 the entry of the order was fundamentally unfair4 7g7 ,reentry of alien removed before the completion of the term of imprisonment ,any alien removed pursuant to section #bda7;a77#d7 who enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 the ,united ,states-- 7#a7 shall be incarcerated for the remainder of the sentence of imprisonment that was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the ,secretary has expressly consented to the alien's reentry 7if a request for consent to reapply is authorized under this section72 and 7#b7 shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law4 7h7 ,definitions ,in this section3 7#a7 ,crosses the border ,the term crosses the border refers to the physical act of crossing the border1 regardless of whether the alien is free from official restraint4 7#b7 ,felony ,the term felony means any criminal offense punishable by a term of imprisonment of more than #a year under the laws of the ,united ,states1 any ,state1 or a foreign government4 7#c7 ,misdemeanor ,the term misdemeanor means any criminal offense punishable by a term of imprisonment of not more than #a year under the applicable laws of the ,united ,states1 any ,state1 or a foreign government4 7#d7 ,removal ,the term removal includes any denial of admission1 deportation1 or removal1 or any agreement by which an alien stipulates or agrees to deportation1 or removal4 7#e7 ,significant misdemeanor ,the term significant misdemeanor means a misdemeanor crime that-- 7,a7 involves the use or attempted use of physical force1 or threatened use of a deadly weapon1 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 victim2 7,b7 is a sexual assault 7as such term is defined in section #djjjb7;a77#bi7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a77#bi772 7,c7 involved the unlawful possession of a firearm 7as such term is defined in section #iba of title #ah1 ,united ,states ,code72 7,d7 is a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code72 or 7,e7 is an offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon4 7#f7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 7c7 ,effective date ,section #bgf7;a77#a71 as amended by subsection 7b71 shall take effect on the date of the enactment of this ,act and shall apply to any alien who1 on or after such date of enactment-- 7#a7 has been denied admission1 excluded1 deported1 or removed or has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding2 and 7#b7 after such denial1 exclusion1 deportation or removal1 enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in1 the ,united ,states1 unless-- 7,a7 if the alien is seeking admission more than #aj years after the date of the alien's last departure from the ,united ,states1 the ,secretary of ,homeland ,security1 before the alien's reembarkation at a place outside the ,united ,states or the alien's application for admission from a foreign contiguous territory1 has expressly consented to such alien's reapplying for admission2 or 7,b7 with respect to an alien previously denied admission and removed1 such alien establishes that the alien was not required to obtain such advance consent under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 or any other ,act4 #adjg4 ,laundering of monetary instruments ,section #aief7;c77#g77;,d7 of title #ah1 ,united ,states ,code1 is amended by inserting section #aeij 7relating to trafficking with respect to peonage1 slavery1 involuntary servitude1 or forced labor71 after section #acfc 7relating to destruction of property within the special maritime and territorial jurisdiction714 #adjh4 ,freezing bank accounts of international criminal organizations and money launderers ,section #iha7;b7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,if a person is arrested or charged in connection with an offense described in subparagraph 7,c7 involving the movement of funds into or out of the ,united ,states1 the ,attorney ,general may apply to any ,federal judge or magistrate judge in the district in which the arrest is made or where the charges are filed for an ex parte order restraining any account held by the person arrested or charged for not more than #cj days4 ,such #cj-;day time period may be extended for good cause shown at a hearing conducted in the manner provided in rule #dc7;e7 of the ,federal ,rules of ,civil ,procedure4 ,the court may receive and consider evidence and information submitted by the ,government that would be inadmissible under the ,federal ,rules of ,evidence4 7,b7 ,the application for a restraining order under subparagraph 7,a7 shall-- 7i7 identify the offense for which the person has been arrested or charged2 7ii7 identify the location and description of the accounts to be restrained2 and 7iii7 state that the restraining order is needed to prevent the removal of the funds in the account by the person arrested or charged1 or by others associated with such person1 during the time needed by the ,government to conduct such investigation as may be necessary to establish whether there is probable cause to believe that the funds in the accounts are subject to forfeiture in connection with the commission of any criminal offense4 7,c7 ,an offense described in this subparagraph is any offense for which forfeiture is authorized under this title1 title #ca1 or the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq474 7,d7 ,for purposes of this section-- 7i7 the term account includes any safe deposit box and any account 7as defined in paragraphs 7#a7 and 7#b7 of section #ecah;,a7e7 of title #ca1 ,united ,states ,code7 at any financial institution2 and 7ii7 the term account held by the person arrested or charged includes an account held in the name of such person1 and any account over which such person has effective control as a signatory or otherwise4 7,e7 ,a restraining order issued under this paragraph shall not be considered a seizure for purposes of section #ihc7;a74 7,f7 ,a restraining order issued under this paragraph may be executed in any district in which the subject account is found1 or transmitted to the central authority of any foreign ,state for service in accordance with any treaty or other international agreement4 4 #adji4 ,criminal proceeds laundered through prepaid access devices1 digital currencies1 or other similar instruments 7a7 ,in general 7#a7 ,definitions 7,a7 ,addition of issuers1 redeemers1 and cashiers of prepaid access devices and digital currencies to the definition of financial institutions ,section #ecab7;a77#b77,k7 of title #ca1 ,united ,states ,code1 is amended to read as follows3 7,k7 an issuer1 redeemer1 or cashier of travelers' checks1 checks1 money orders1 prepaid access devices1 digital currencies1 or any digital exchanger or tumbler of digital currency2 4 7,b7 ,addition of prepaid access devices to the definition of monetary instruments ,section #ecab7;a77#c77;,b7 of such title is amended by inserting prepaid access devices1 after delivery14 7,c7 ,definition of prepaid access device ,section #ecab of such title is amended-- 7i7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7ii7 by inserting after paragraph 7#e7 the following3 7#f7 prepaid access device means an electronic device or vehicle1 such as a card1 plate1 code1 number1 electronic serial number1 mobile identification number1 personal identification number1 or other instrument that provides a portal to funds or the value of funds that have been paid in advance and can be retrievable and transferable at some point in the future4 4 7#b7 ,,gao report ,not later than #ah months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress that describes-- 7,a7 the impact of amendments made by paragraph 7#a7 on law enforcement1 the prepaid access device industry1 and consumers2 and 7,b7 the implementation and enforcement by the ,department of the ,treasury of the final rule relating to ,bank ,secrecy ,act ,regulations--,definitions and ,other ,regulations ,relating to ,prepaid ,access 7#gf ,fed4 ,reg4 #dedjc 7,july #bi1 #bjaa774 7b7 ,customs and ,border ,protection ,strategy for ,prepaid ,access ,devices ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall submit a report to ,congress that-- 7#a7 details a strategy to interdict and detect prepaid access devices1 digital currencies1 or other similar instruments1 at border crossings and other ports of entry for the ,united ,states2 and 7#b7 includes an assessment of the infrastructure needed to carry out the strategy detailed pursuant to paragraph 7#a74 7c7 ,money smuggling through blank checks in bearer form ,section #ecaf of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,monetary instruments with amount left blank ,for purposes of this section1 a monetary instrument in bearer form that has the amount left blank1 such that the amount could be filled in by the bearer1 shall be considered to have a value of more than #aj1jjj if the monetary instrument was drawn on an account that contained or was intended to contain more than #aj1jjj at the time the monetary instrument was-- 7#a7 transported2 or 7#b7 negotiated4 4 #adaj4 ,closing the loophole on drug cartel associates engaged in money laundering 7a7 ,intent to conceal or disguise ,section #aief7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking 7,b7 knowing that and all that follows through ,federal law1 and inserting the following3 7,b7 knowing that the transaction-- 7i7 conceals or disguises1 or is intended to conceal or disguise1 the nature1 source1 location1 ownership1 or control of the proceeds of some form of unlawful activity2 or 7ii7 avoids1 or is intended to avoid1 a transaction reporting requirement under ,state or ,federal law1 2 and 7#b7 in paragraph 7#b77;,b71 by striking 7,b7 knowing that and all that follows through ,federal law1 and inserting the following3 7,b7 knowing that the monetary instrument or funds involved in the transportation1 transmission1 or transfer represent the proceeds of some form of unlawful activity1 and knowing that such transportation1 transmission1 or transfer-- 7i7 conceals or disguises1 or is intended to conceal or disguise1 the nature1 source1 location1 ownership1 or control of the proceeds of some form of unlawful activity2 or 7ii7 avoids1 or is intended to avoid1 a transaction reporting requirement under ,state or ,federal law1 4 7b7 ,proceeds of a felony ,section #aief7;c77#a7 of such title is amended by inserting 1 and regardless of whether the person knew that the activity constituted a felony before the semicolon at the end4 ,e ,protecting national security and public safety #a ,general matters #aeja4 ,definitions of engage in terrorist activity and terrorist organization 7a7 ,definition of engage in terrorist activity ,section #bab7;a77#c77;,b77iv77,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iv77,i77 is amended to read as follows3 7,i7 to commit a terrorist activity or1 under circumstances indicating an intention to cause death1 serious bodily harm1 or substantial damage to property1 to incite another person to commit a terrorist activity2 4 7b7 ,definition of terrorist organization ,section #bab7;a77#c77;,b77vi77,,iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77vi77,,iii77 is amended to read as follows3 7,,iii7 that is a group of #b or more individuals1 whether organized or not1 which engages in1 or has a subgroup that engages in1 the activities described in subclauses 7,i7 through 7,,vi7 of clause 7iv71 if the group or subgroup presents a threat to the national security of the ,united ,states4 4 #aejb4 ,terrorist grounds of inadmissibility 7a7 ,security and related grounds ,section #bab7;a77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,a77 is amended to read as follows3 7,a7 ,in general ,any alien who a consular officer1 the ,attorney ,general1 or the ,secretary knows1 or has reasonable ground to believe1 seeks to enter the ,united ,states to engage solely1 principally1 or incidentally1 in1 or who is engaged in1 or with respect to clauses 7i7 and 7iii7 has engaged in within the previous #e years-- 7i7 any activity-- 7,i7 to violate any law of the ,united ,states relating to espionage or sabotage2 or 7,,ii7 to violate or evade any law prohibiting the export from the ,united ,states of goods1 technology1 or sensitive information2 7ii7 any other activity which would be unlawful if committed in the ,united ,states2 or 7iii7 any activity a purpose of which is the opposition to1 or the control or overthrow of1 the ,government of the ,united ,states by force1 violence1 or other unlawful means1 is inadmissible4 4 7b7 ,terrorist activities ,section #bab7;a77#c77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77i77 is amended-- 7#a7 in subclause 7,,iv71 by inserting or has been before a representative2 7#b7 in subclause 7,v71 by inserting or has been before a member2 7#c7 in subclause 7,,vi71 by inserting or has been before a member2 7#d7 by amending subclause 7,,vii7 to read as follows3 7,,vii7 endorses or espouses1 or has endorsed or espoused1 terrorist activity or persuades or has persuaded others to endorse or espouse terrorist activity or support a terrorist organization2 2 7#e7 by amending subclause 7,,ix7 to read as follows3 7,,ix7 is the spouse or child of an alien who is inadmissible under this subparagraph if-- 7aa7 the activity causing the alien to be found inadmissible occurred within the last #e years2 and 7bb7 7,,aa7 the spouse or child knew1 or should reasonably have known1 of the activity causing the alien to be found inadmissible under this section2 and 7,,bb7 the consular officer or ,attorney ,general does not have reasonable grounds to believe that the spouse or child has renounced the activity causing the alien to be found inadmissible under this section4 2 and 7#f7 by striking the undesignated matter following subclause 7,,ix74 7c7 ,palestine ,liberation ,organization ,section #bab7;a77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b771 is amended by adding at the end the following3 7vii7 ,palestine liberation organization ,an alien who is an officer1 official1 representative1 or spokesman of the ,palestine ,liberation ,organization is considered1 for purposes of this ,act1 to be engaged in terrorist activity4 4 #aejc4 ,expedited removal for aliens inadmissible on criminal or security grounds 7a7 ,in general ,section #bch of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7 is amended-- 7#a7 in the section heading1 by adding at the end the following3 or who are subject to terrorism-related grounds for removal2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,attorney ,general and inserting ,secretary1 in the exercise of discretion12 and 7ii7 by striking set forth in this subsection or and inserting set forth in this subsection1 in lieu of removal proceedings under2 7,b7 in paragraphs 7#c7 and 7#d71 by striking ,attorney ,general each place that term appears and inserting ,secretary2 7,c7 in paragraph 7#e7-- 7i7 by striking described in this section and inserting described in paragraph 7#a7 or 7#b72 and 7ii7 by striking the ,attorney ,general may grant in the ,attorney ,general's discretion4 and inserting the ,secretary or the ,attorney ,general may grant1 in the discretion of the ,secretary or the ,attorney ,general1 in any proceeding42 7,d7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f7 respectively2 and 7,e7 by inserting after paragraph 7#b7 the following3 7#c7 ,the ,secretary1 in the exercise of discretion1 may determine inadmissibility under section #bab7;a77#b7 and issue an order of removal pursuant to the procedures set forth in this subsection1 in lieu of removal proceedings under section #bdj1 with respect to an alien who-- 7,a7 has not been admitted or paroled2 7,b7 has not been found to have a credible fear of persecution pursuant to the procedures set forth in #bce7;b77#a77;,b72 and 7,c7 is not eligible for a waiver of inadmissibility or relief from removal4 2 7#c7 by redesignating the first subsection 7c7 as subsection 7d72 7#d7 by redesignating the second subsection 7c71 as so designated by section #fag7;b77#ac7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #aaj ,stat4 #cjji-gbj771 as subsection 7e72 and 7#e7 by inserting after subsection 7b7 the following3 7c7 ,removal of aliens who are subject to terrorism-related grounds for removal 7#a7 ,in general ,the ,secretary-- 7,a7 notwithstanding section #bdj1 shall-- 7i7 determine the inadmissibility of every alien under subclause 7,i71 7,,ii71 or 7,,iii7 of section #bab7;a77#c77;,b77i71 or the deportability of the alien under section #bcg7;a77#d77;,b7 as a consequence of being described in #a of such subclauses2 and 7ii7 issue an order of removal pursuant to the procedures set forth in this subsection to every alien determined to be inadmissible or deportable on a ground described in clause 7i72 and 7,b7 may-- 7i7 determine the inadmissibility of any alien under subparagraph 7,a7 or 7,b7 of section #bab7;a77#c7 7other than subclauses 7,i71 7,,ii71 and 7,,iii7 of section #bab7;a77#c77;,b771 or the deportability of the alien under subparagraph 7,a7 or 7,b7 of section #bcg7;a77#d7 7as a consequence of being described in subclause 7,i71 7,,ii71 or 7,,iii7 of section #bab7;a77#c77;,b772 and 7ii7 issue an order of removal pursuant to the procedures set forth in this subsection to every alien determined to be inadmissible or deportable on a ground described in clause 7i74 7#b7 ,limitation ,the ,secretary may not execute any order described in paragraph 7#a7 until #cj days after the date on which such order was issued1 unless waived by the alien1 to give the alien an opportunity to petition for judicial review under section #bdb4 7#c7 ,proceedings ,the ,secretary shall prescribe regulations to govern proceedings under this subsection1 which shall require that-- 7,a7 the alien is given reasonable notice of the charges and of the opportunity described in subparagraph 7,c72 7,b7 the alien has the privilege of being represented 7at no expense to the ,government7 by such counsel1 authorized to practice in such proceedings1 as the alien shall choose2 7,c7 the alien has a reasonable opportunity to inspect the evidence and rebut the charges2 7,d7 a determination is made on the record that the individual upon whom the notice for the proceeding under this section is served 7either in person or by mail7 is1 in fact1 the alien named in such notice2 7,e7 a record is maintained for judicial review2 and 7,f7 the final order of removal is not adjudicated by the same person who issues the charges4 7#d7 ,limitation on relief from removal ,no alien described in this subsection shall be eligible for any relief from removal that the ,secretary may grant in the ,secretary's discretion4 4 7b7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by striking the item relating to section #bch and inserting the following3 ,sec4 #bch4 ,expedited removal of aliens convicted of aggravated felonies or who are subject to terrorism-related grounds for removal4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall not apply to aliens who are in removal proceedings under section #bdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7 on such date of enactment4 #aejd4 ,detention of removable aliens 7a7 ,criminal alien enforcement partnerships ,section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg71 as amended by section #aabc1 is further amended by inserting after subsection 7h7 the following3 7i7 ,criminal alien enforcement partnerships 7#a7 ,in general ,the ,secretary may enter into a written agreement with a ,state1 or with any political subdivision of a ,state1 to authorize the temporary placement of #a or more ,u4,s4 ,customs and ,border ,protection agents or officers or ,u4,s4 ,immigration and ,customs ,enforcement agents or investigators at a local police department or precinct-- 7,a7 to determine the immigration status of any individual arrested by a ,state1 county1 or local police1 enforcement1 or peace officer for any criminal offense2 7,b7 to issue charging documents and notices related to the initiation of removal proceedings or reinstatement of prior removal orders under section #bda7;a77#e72 7,c7 to enter information directly into the ,national ,crime ,information ,center 7,,ncic7 database1 ,immigration ,violator ,file1 including-- 7i7 the alien's address2 7ii7 the reason for the arrest2 7iii7 the legal cite of the ,state law violated or for which the alien is charged2 7iv7 the alien's driver's license number and ,state of issuance1 if the alien has a driver's license2 7v7 any other identification document held by the alien and issuing entity for such identification documents2 and 7vi7 any identifying marks1 such as tattoos1 birthmarks1 and scars2 7,d7 to collect the alien's biometrics1 including iris1 fingerprint1 photographs1 and signature1 of the alien and to enter such information into the ,automated ,biometric ,identification ,system 7,,ident7 and any other ,department of ,homeland ,security database authorized for storage of biometric information for aliens2 and 7,e7 to make advance arrangements for the immediate transfer from ,state to ,federal custody of any criminal when the alien is released1 without regard to whether the alien is released on parole1 supervised release1 or probation1 and without regard to whether alien may be arrested imprisoned again for the same offense4 7#b7 ,length of temporary duty assignments ,the initial period for a temporary duty assignment authorized under this paragraph shall be #a year4 ,the temporary duty assignment may be extended for additional periods of time as agreed to by the ,secretary and the ,state or political subdivision of the ,state to ensure continuity of cooperation and coverage4 7#c7 ,technology usage ,the ,secretary shall provide ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement agents1 officers1 and investigators on a temporary duty assignment under this paragraph mobile access to ,federal databases containing alien information1 live scan technology for collection of biometrics1 and video-conferencing capability for use at local police departments or precincts in remote locations4 7#d7 ,report ,not later than #a year after the date of the enactment of the ,strong ,visa ,integrity ,secures ,america ,act1 the ,secretary shall submit a report to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives that identifies-- 7,a7 the number of ,states that have entered into an agreement under this subsection2 7,b7 the number of criminal aliens processed by the ,u4,s4 ,customs and ,border ,protection agent or officer or ,u4,s4 ,immigration and ,customs ,enforcement agent or investigator during the temporary duty assignment2 and 7,c7 the number of criminal aliens transferred from ,state to ,federal custody during the agreement period4 4 7b7 ,detention1 release1 and removal of aliens ordered removed 7#a7 ,removal period 7,a7 ,in general ,section #bda7;a77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#a77;,a77 is amended by striking ,attorney ,general and inserting ,secretary4 7,b7 ,beginning of period ,section #bda7;a77#a77;,b7 of such ,act 7#h ,u4,s4,c4 #abca7;a77#a77;,b77 is amended to read as follows3 7,b7 ,beginning of period 7i7 ,in general ,subject to clause 7ii71 the removal period begins on the date that is the latest of the following3 7,i7 ,if a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of the removal of the alien1 the date on which the stay of removal ends4 7,,ii7 ,if the alien is ordered removed1 the date pursuant to an administratively final removal order and the ,secretary takes the alien into custody for removal4 7,,iii7 ,if the alien is detained or confined 7except under an immigration process71 the date on which the alien is released from detention or confinement4 7ii7 ,beginning of removal period following a transfer of custody ,if the ,secretary transfers custody of the alien pursuant to law to another ,federal agency or to an agency of a ,state or local government in connection with the official duties of such agency1 the removal period for the alien-- 7,i7 shall be tolled2 and 7,,ii7 shall resume on the date on which the alien is returned to the custody of the ,secretary4 4 7,c7 ,suspension of period ,section #bda7;a77#a77;,c7 of such ,act 7#h ,u4,s4,c4 #abca7;a77#a77;,c77 is amended to read as follows3 7,c7 ,suspension of period ,the removal period shall be extended beyond a period of #ij days and the alien may remain in detention during such extended period if the alien-- 7i7 fails or refuses to make all reasonable efforts to comply with the order of removal or to fully cooperate with the efforts of the ,secretary to establish the alien's identity and carry out the order of removal1 including making timely application in good faith for travel or other documents necessary to the alien's departure2 or 7ii7 conspires or acts to prevent the alien's removal subject to an order of removal4 4 7#b7 ,detention ,section #bda7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#b77 is amended-- 7,a7 by inserting 7,a7 before ,during2 7,b7 by striking ,attorney ,general and inserting ,secretary2 and 7,c7 by adding at the end the following3 7,b7 ,during a pendency of a stay ,if a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an order of removal1 the ,secretary1 in the ,secretary's sole and unreviewable exercise of discretion1 and notwithstanding any provision of law1 including section #bbda of title #bh1 ,united ,states ,code1 may detain the alien during the pendency of such stay of removal4 4 7#c7 ,suspension after #ij-;day period ,section #bda7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#c77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary2 7,b7 in subparagraph 7,c71 by striking ,attorney ,general and inserting ,secretary2 and 7,c7 by amending subparagraph 7,d7 to read as follows3 7,d7 to obey reasonable restrictions on the alien's conduct or activities1 or to perform affirmative acts1 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 4 7#d7 ,aliens imprisoned1 arrested1 or on parole1 supervised release1 or probation ,section #bda7;a77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#d77 is amended-- 7,a7 in subparagraph 7,a71 by striking ,attorney ,general and inserting ,secretary2 and 7,b7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by striking ,attorney ,general and inserting ,secretary2 7,i7 in clause 7i71 by striking if the ,attorney ,general and inserting if the ,secretary2 and 7,,ii7 in clause 7ii77,,iii71 by striking ,attorney ,general and inserting ,secretary4 7#e7 ,reinstatement of removal orders against aliens illegally reentering 7,a7 ,in general ,section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e77 is amended to read as follows3 7#e7 ,reinstatement of removal orders against aliens illegally reentering ,if the ,secretary determines that an alien has entered the ,united ,states illegally after having been removed1 deported1 or excluded or having departed voluntarily1 under an order of removal1 deportation1 or exclusion1 regardless of the date of the original order or the date of the illegal entry-- 7,a7 the order of removal1 deportation1 or exclusion is reinstated from its original date and is not subject to being reopened or reviewed notwithstanding section #bdb7;a77#b77;,d72 7,b7 the alien is not eligible and may not apply for any relief under this ,act1 regardless of the date on which an application or request for such relief may have been filed or made2 7,c7 the alien shall be removed under the order of removal1 deportation1 or exclusion at any time after the illegal entry2 and 7,d7 reinstatement under subparagraph 7,a7 shall not require proceedings under section #bdj or other proceedings before an immigration judge4 4 7,b7 ,judicial review ,section #bdb of such ,act 7#h ,u4,s4,c4 #abeb7 is amended by adding at the end the following3 7h7 ,judicial review of decision to reinstate removal order under section #bda7;a77#e7 7#a7 ,review of decision to reinstate removal order ,judicial review of determinations under section #bda7;a77#e7 is available in an action under subsection 7a74 7#b7 ,no review of original order ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 or sections #acfa and #afea of such title1 no court shall have jurisdiction to review any cause or claim1 arising from1 or relating to1 any challenge to the original order4 4 7,c7 ,effective date ,the amendments made by subparagraphs 7,a7 and 7,b7 shall take effect as if enacted on ,april #a1 #aiig and shall apply to all orders reinstated or after that date by the ,secretary of ,homeland ,security 7or by the ,attorney ,general before ,march #a1 #bjjc71 regardless of the date of the original order4 7#f7 ,inadmissible or criminal aliens ,section #bda7;a77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#f77 is amended-- 7,a7 by striking ,attorney ,general and inserting ,secretary2 and 7,b7 by striking removal period and1 if released1 and inserting removal period1 in the discretion of the ,secretary1 without any limitations other than those specified in this section1 until the alien is removed44 7#g7 ,parole2 additional rules2 judicial review ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7,a7 in paragraph 7#g71 by striking ,attorney ,general and inserting ,secretary2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#ad72 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 ,parole ,except for aliens subject to detention under paragraph 7#f7 and aliens subject to detention under section #bcf7;c71 #bcf;,a1 or #bch1 if an alien who is detained is an applicant for admission1 the ,secretary1 in the ,secretary's discretion1 may parole the alien under section #bab7;d77#e7 and may provide1 notwithstanding section #bab7;d77#e71 that the alien shall not be returned to custody unless either the alien violates the conditions of such parole or the alien's removal becomes reasonably foreseeable1 provided that in no circumstance shall such alien be considered admitted4 7#h7 ,additional rules for detention or release of certain aliens who were previously admitted to the ,united ,states 7,a7 ,application ,the procedures set out under this paragraph-- 7i7 apply only to an alien who were previously admitted to the ,united ,states2 and 7ii7 do not apply to any other alien1 including an alien detained pursuant to paragraph 7#f74 7,b7 ,establishment of a detention review process for aliens who fully cooperate with removal 7i7 ,requirement to establish ,if an alien has made all reasonable efforts to comply with a removal order and to cooperate fully with the efforts of the ,secretary 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 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 7ii7 ,determinations ,the ,secretary shall-- 7,i7 make a determination whether to release an alien described in clause 7i7 after the end of the alien's removal period2 and 7,,ii7 in making a determination under subclause 7,i71 consider any evidence submitted by the alien1 and may consider any other evidence1 including any information or assistance provided by the ,department of ,state or other ,federal agency and any other information available to the ,secretary pertaining to the ability to remove the alien4 7#i7 ,authority to detain beyond the removal period ,the ,secretary1 in the exercise of discretion1 without any limitations other than those specified in this section1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period as provided in subsection 7a77#a77;,c77-- 7,a7 until the alien is removed1 if the ,secretary determines that-- 7i7 there is a significant likelihood that the alien will be removed in the reasonably foreseeable future2 7ii7 the alien 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 conspiracies or acts to prevent removal2 7iii7 the government of the foreign country of which the alien is a citizen1 subject1 national1 or resident is denying or unreasonably delaying accepting the return of such alien after the ,secretary asks whether the government will accept an alien under section #bdc7;d72 or 7iv7 the government of the foreign country of which the alien is a citizen1 subject1 national1 or resident is refusing to issue any required travel or identity documents to allow such alien to return to that country2 7,b7 until the alien is removed1 if the ,secretary certifies in writing-- 7i7 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 7ii7 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 7iii7 based on information available to the ,secretary 7including classified1 sensitive1 or other 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 7iv7 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,i7 the alien has been convicted of #a or more aggravated felonies 7as defined in section #aja7;a77#dc771 #a or more crimes identified by the ,secretary by regulation1 or #a or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 provided that the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,ii7 the alien has committed #a or more violent offenses 7but 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 7v7 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 the alien has been convicted of at least one aggravated felony 7as defined in section #aja7;a77#dc772 and 7,c7 pending a determination under subparagraph 7,b71 if the ,secretary has initiated the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period as provided in subsection 7a77#a77;,c774 7#aj7 ,renewal and delegation of certification 7,a7 ,renewal ,the ,secretary may renew a certification under subparagraph 7,b77ii7 every #f months without limitation1 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 paragraph 7#i77;,b74 7,b7 ,delegation ,notwithstanding section #ajc1 the ,secretary may not delegate the authority to make or renew a certification described in clause 7ii71 7iii71 or 7iv7 of subparagraph 7#i77;,b7 to an official below the level of the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#aa7 ,release on conditions ,if the ,secretary determines that an alien should be released from detention1 the ,secretary1 in the exercise of discretion1 may impose conditions on release as provided in paragraph 7#c74 7#ab7 ,redetention ,the ,secretary1 in the exercise of 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 custody if the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph 7#h71 or if1 upon reconsideration1 the ,secretary determines that the alien can be detained under subparagraph 7#i74 ,paragraphs 7#f7 through 7#ad7 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#ac7 ,certain aliens who effected entry ,if an alien has entered the ,united ,states1 but has not been lawfully admitted nor physically present in the ,united ,states continuously for the #b-year period immediately preceding the commencement of removal proceedings under this ,act against the alien1 the ,secretary1 in the exercise of discretion1 may decide not to apply paragraph 7#h7 and detain the alien without any limitations except those which the ,secretary shall adopt by regulation4 7#ad7 ,judicial review ,without regard to the place of confinement1 judicial review of any action or decision pursuant to paragraph 7#f7 through 7#ad7 shall be available exclusively in habeas corpus proceedings instituted in the ,united ,states ,district ,court for the ,district of ,columbia1 and only if the alien has exhausted all administrative remedies 7statutory and regulatory7 available to the alien as of right4 4 7c7 ,detention of aliens during removal proceedings 7#a7 ,in general ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe7 is amended by adding at the end the following3 7e7 ,length of detention 7#a7 ,in general ,an alien may be detained under this section while proceedings are pending1 without limitation1 until the alien is subject to an administratively final order of removal4 7#b7 ,effect on detention under section #bda ,the length of detention under this section shall not affect the validity of any detention under section #bda4 7f7 ,judicial review ,without regard to the place of confinement1 judicial review of any action or decision made pursuant to subsection 7e7 shall be available exclusively in a habeas corpus proceeding instituted in the ,united ,states ,district ,court for the ,district of ,columbia and only if the alien has exhausted all administrative remedies 7statutory and nonstatutory7 available to the alien as of right4 4 7#b7 ,conforming amendments ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7,a7 in subsection 7e71 by adding at the end the following3 ,without regard to the place of confinement1 judicial review of any action or decision made pursuant to section #bce7;f7 shall be available exclusively in a habeas corpus proceeding instituted in the ,united ,states ,district ,court for the ,district of ,columbia1 and only if the alien has exhausted all administrative remedies 7statutory and nonstatutory7 available to the alien as of right42 and 7,b7 by adding at the end the following3 7f7 ,length of detention 7#a7 ,in general ,an alien may be detained under this section1 without limitation1 until the alien is subject to an administratively final order of removal4 7#b7 ,effect on detention under section #bda ,the length of detention under this section shall not affect the validity of any detention under section #bda4 4 7d7 ,attorney ,general's discretion in determining countries of removal ,section #bda7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77 is amended-- 7#a7 in paragraph 7#a77;,c77iv71 by striking the period at the end and inserting 1 or the ,attorney ,general decides that removing the alien to the country is prejudicial to the interests of the ,united ,states42 7#b7 in paragraph 7#b77;,e77vii71 by inserting or the ,attorney ,general decides that removing the alien to #a or more of such countries is prejudicial to the interests of the ,united ,states1 after this subparagraph14 7e7 ,effective dates and application 7#a7 ,amendments made by subsection 7b7 ,the amendments made by subsection 7b7 shall take effect on the date of the enactment of this ,act4 ,section #bda of the ,immigration and ,nationality ,act1 as amended by subsection 7b71 shall apply to-- 7,a7 all aliens subject to a final administrative removal1 deportation1 or exclusion order that was issued before1 on1 or after the date of the enactment of this ,act2 and 7,b7 acts and conditions occurring or existing before1 on1 or after the date of the enactment of this ,act4 7#b7 ,amendments made by subsection 7c7 ,the amendments made by subsection 7c7 shall take effect upon the date of the enactment of this ,act4 ,sections #bce and #bcf of the ,immigration and ,nationality ,act1 as amended by subsection 7c71 shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this ,act4 #aeje4 ,,gao study on deaths in custody ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress on the deaths in custody of detainees held by the ,department of ,homeland ,security1 which shall include1 with respect to any such deaths-- 7#a7 whether any such deaths could have been prevented by the delivery of medical treatment administered while the detainee is in the custody of the ,department of ,homeland ,security2 7#b7 whether ,department practices and procedures were properly followed and obeyed2 7#c7 whether such practices and procedures are sufficient to protect the health and safety of such detainees2 and 7#d7 whether reports of such deaths were made to the ,deaths in ,custody ,reporting ,program4 #aejf4 ,,gao study on migrant deaths ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit1 to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives1 a report that describes-- 7#a7 the total number of migrant deaths along the southern border during the previous #g years2 7#b7 the total number of unidentified deceased migrants found along the southern border in the previous #g years2 7#c7 the level of cooperation between ,u4,s4 ,customs and ,border ,protection1 ,state and local law enforcement agencies1 foreign diplomatic and consular posts1 nongovernmental organizations1 and family members to accurately identify deceased individuals2 7#d7 the use of ,,dna testing and sharing of such data between ,u4,s4 ,customs and ,border ,protection1 ,state and local law enforcement agencies1 foreign diplomatic and consular posts1 and nongovernmental organizations to accurately identify deceased individuals2 7#e7 the comparison of ,,dna data with information on ,federal1 ,state1 and local missing person registries2 and 7#f7 the procedures and processes ,u4,s4 ,customs and ,border ,protection has in place for notification of relevant authorities or family members after missing persons are identified through ,,dna testing4 #aejg4 ,statute of limitations for visa1 naturalization1 and other fraud offenses involving war crimes or human rights violations 7a7 ,statute of limitations for visa fraud and other offenses ,chapter #bac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ccjb4 ,fraud in connection with certain human rights violations or war crimes 7a7 ,in general ,no person shall be prosecuted1 tried1 or punished for violation of any provision of section #ajja1 #ajae1 #adbe1 #aedf1 #afba1 or #cbia1 or for attempt or conspiracy to violate any provision of such sections1 if the fraudulent conduct1 misrepresentation1 concealment1 or fraudulent1 fictitious1 or false statement concerns the alleged offender's-- 7#a7 participation1 at any time1 at any place1 and irrespective of the nationality of the alleged offender or any victim1 in a human rights violation or war crime2 or 7#b7 membership in1 service in1 or authority over a military1 paramilitary1 or police organization that participated in such conduct during any part of any period in which the alleged offender was a member of1 served in1 or had authority over the organization1 unless the indictment is found or the information is instituted within #bj years after the commission of the offense4 7b7 ,definitions ,in this section-- 7#a7 the term extrajudicial killing under color of foreign law means conduct described in section #bab7;a77#c77;,e77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77iii772 7#b7 the term female genital mutilation means conduct described in section #aaf2 7#c7 the term genocide means conduct described in section #ajia7;a72 7#d7 the term human rights violation or war crime means genocide1 incitement to genocide1 war crimes1 torture1 female genital mutilation1 extrajudicial killing under color of foreign law1 persecution1 particularly severe violation of religious freedom by a foreign government official1 or the use or recruitment of child soldiers2 7#e7 the term incitement to genocide means conduct described in section #ajia7;c72 7#f7 the term particularly severe violation of religious freedom means conduct described in section 7#bb ,u4,s4,c4 #fdjb7ac772 7#g7 the term persecution means conduct that is a bar to relief under section #bjh7;b77#b77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77i772 7#h7 the term torture means conduct described in paragraphs 7#a7 and 7#b7 of section #bcdj2 7#i7 the term use or recruitment of child soldiers means conduct described in subsections 7a7 and 7d7 of section #bddb2 and 7#aj7 the term war crimes means conduct described in subsections 7c7 and 7d7 of section #bdda4 4 7b7 ,clerical amendment ,the table of sections for chapter #bac of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ccjb4 ,fraud in connection with certain human rights violations or war crimes4 4 7c7 ,effective date ,the amendments made by this section shall apply to fraudulent conduct1 misrepresentations1 concealments1 and fraudulent1 fictitious1 or false statements made or committed before1 on1 or after the date of enactment of this ,act4 #aejh4 ,criminal detention of aliens to protect public safety 7a7 ,in general ,section #cadb7;e7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7e7 ,detention 7#a7 ,in general ,if1 after a hearing pursuant to the provisions of subsection 7f71 the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community1 such judicial officer shall order the detention of the person before trial4 7#b7 ,presumption arising from offenses described in subsection 7f77#a7 ,in a case described in subsection 7f77#a7 of this section1 a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that-- 7,a7 the person has been convicted of a ,federal offense that is described in subsection 7f77#a71 or of a ,state or local offense that would have been an offense described in subsection 7f77#a7 if a circumstance giving rise to ,federal jurisdiction had existed2 7,b7 the offense described in subparagraph 7,a7 was committed while the person was on release pending trial for a ,federal1 ,state1 or local offense2 and 7,c7 not more than #e years has elapsed since the later of the date of conviction or the date of the release of the person from imprisonment1 for the offense described in subparagraph 7,a74 7#c7 ,presumption arising from other offenses involving illegal substances1 firearms1 violence1 or minors ,subject to rebuttal by the person1 it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed-- 7,a7 an offense for which a maximum term of imprisonment of #aj years or more is prescribed in the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 7,b7 an offense under section #ibd7;c71 #ief7;a71 or #bccb;b2 7,c7 an offense listed in section #bccb;b7g77#e77;,b7 for which a maximum term of imprisonment of #aj years or more is prescribed2 or 7,d7 an offense involving a minor victim under section #abja1 #aeia1 #bbda1 #bbdb1 #bbdd7;a77#a71 #bbde1 #bbea1 #bbea;,a1 #bbeb7;a77#a71 #bbeb7;a77#b71 #bbeb7;a77#c71 #bbeb;,a7a77#a71 #bbeb;,a7a77#b71 #bbeb;,a7a77#c71 #bbeb;,a7a77#d71 #bbfj1 #bdba1 #bdbb1 #bdbc1 or #bdbe4 7#d7 ,presumption arising from offenses relating to immigration law ,subject to rebuttal by the person1 it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person is an alien and that the person-- 7,a7 has no lawful immigration status in the ,united ,states2 7,b7 is the subject of a final order of removal2 or 7,c7 has committed a felony offense under section #hdb7;i77#e71 #iaa1 #ibb7;g77#e71 #ajae1 #ajbh1 #ajbh;,a1 #adbe1 or #adbf1 or chapter #ge or #gg1 or section #bdc1 #bgd1 #bge1 #bgf1 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec1 #acbd1 #acbe1 #acbf1 #acbg1 and #acbh74 4 7b7 ,immigration status as factor in determining conditions of release ,section #cadb7;g77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 and 7#b7 by adding at the end the following3 7,c7 whether the person is in a lawful immigration status1 has previously entered the ,united ,states illegally1 has previously been removed from the ,united ,states1 or has otherwise violated the conditions of his or her lawful immigration status2 and 4 #aeji4 ,recruitment of persons to participate in terrorism 7a7 ,in general ,chapter #aac;,b of title #ah1 ,united ,states ,code1 is amended by inserting after section #bccb;b the following3 #bccb;c4 ,recruitment of persons to participate in terrorism 7a7 ,offenses 7#a7 ,in general ,it shall be unlawful for any person to employ1 solicit1 induce1 command1 or cause another person to commit an act of domestic terrorism or international terrorism or a ,federal crime of terrorism1 with the intent that the other person commit such act or crime of terrorism4 7#b7 ,attempt and conspiracy ,it shall be unlawful for any person to attempt or conspire to commit an offense under paragraph 7#a74 7b7 ,penalties ,any person who violates subsection 7a7-- 7#a7 in the case of an attempt or conspiracy1 shall be fined under this title1 imprisoned not more than #aj years1 or both2 7#b7 if death of an individual results1 shall be fined under this title1 punished by death or imprisoned for any term of years or for life1 or both2 7#c7 if serious bodily injury to any individual results1 shall be fined under this title1 imprisoned not less than #aj years nor more than #be years1 or both2 and 7#d7 in any other case1 shall be fined under this title1 imprisoned not more than #aj years1 or both4 7c7 ,rule of construction ,nothing in this section may be construed or applied to abridge the exercise of rights guaranteed under the ,first ,amendment to the ,constitution of the ,united ,states4 7d7 ,lack of consummated terrorist act not a defense ,it is not a defense under this section that the act of domestic terrorism or international terrorism or ,federal crime of terrorism that is the object of the employment1 solicitation1 inducement1 commanding1 or causing has not been done4 7e7 ,definitions ,in this section-- 7#a7 the term ,federal crime of terrorism has the meaning given that term in section #bccb;b2 and 7#b7 the term serious bodily injury has the meaning given that term in section #acfe7;h74 4 7b7 ,clerical amendment ,the table of sections for chapter #aac;,b of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bccb;b the following3 8#bccb;c4 ,recruitment of persons to participate in terrorism404 #aeaj4 ,barring and removing persecutors1 war criminals1 and participants in crimes against humanity from the ,united ,states 7a7 ,inadmissibility of persecutors1 war criminals1 and participants in crimes against humanity ,section #bab7;a77#c77;,e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,e77 is amended-- 7#a7 by striking the subparagraph heading and inserting ,participants in persecution 7including nazi persecutions71 genocide1 war crimes1 crimes against humanity1 or the commission of any act of torture or extrajudicial killing4--2 7#b7 in clause 7iii77,,ii7-- 7,a7 by striking of any foreign nation and inserting 7including acts taken as part of an armed group exercising de facto authority72 and 7#c7 by adding after clause 7iii7 the following3 7iv7 ,persecutors1 war criminals1 and participants in crimes against humanity ,any alien1 including an alien who is a superior commander1 who committed1 ordered1 incited1 assisted1 or otherwise participated in a war crime 7as defined in section #bdda7;c7 of title #ah1 ,united ,states ,code7 a crime against humanity1 or in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion1 is inadmissible4 7v7 ,crime against humanity defined ,in this subparagraph1 the term crime against humanity means conduct that is part of a widespread and systematic attack targeting any civilian population1 with knowledge that the conduct was part of the attack or with the intent that the conduct be part of the attack-- 7,i7 that1 if such conduct occurred in the ,united ,states or in the special maritime and territorial jurisdiction of the ,united ,states1 would violate-- 7aa7 section #aaaa of title #ah1 ,united ,states ,code 7relating to murder72 7bb7 section #abja7;a7 of such title 7relating to kidnapping72 7cc7 section #abjc7;a7 of such title #ah 7relating to hostage taking71 notwithstanding any exception under subsection 7b7 of such section #abjc2 7dd7 section #aeha7;a7 of such title 7relating to peonage72 7ee7 section #aehc7;a77#a7 of such title 7relating to kidnapping or carrying away individuals for involuntary servitude or slavery72 7ff7 section #aehd7;a7 of such title 7relating to sale into involuntary servitude72 7gg7 section #aehi7;a7 of such title 7relating to forced labor72 7hh7 section #aeij7;a7 of such title 7relating to trafficking with respect to peonage1 slavery1 involuntary servitude1 or forced labor72 7ii7 section #aeia7;a7 of such title 7relating to sex trafficking of children or by force1 fraud1 or coercion72 7jj7 section #bbda7;a7 of such title 7relating to aggravated sexual abuse by force or threat72 or 7kk7 section #bbdb of such title 7relating to sexual abuse72 7,,ii7 that would constitute torture 7as defined in section #bcdj7a7 of title #ah1 ,united ,states ,code72 7,,iii7 that would constitute cruel or inhuman treatment1 as described in section #bdda7;d77#a77;,b7 of such title2 7,,iv7 that would constitute performing biological experiments1 as described in section #bdda7;d77#a77;,c7 of such title2 7,v7 that would constitute mutilation or maiming1 as described in section #bdda7;d77#a77;,e7 of such title2 or 7,,vi7 that would constitute intentionally causing serious bodily injury1 as described in section #bdda7;d77#a77;,f7 of such title4 7vi7 ,superior commander ,in this subparagraph-- 7,i7 the term superior commander means-- 7aa7 a military commander or a person with effective control of military forces or an armed group2 7bb7 who knew or should have known that a subordinate or someone under his or her effective control is committing acts described in subsection 7a71 is about to commit such acts1 or had committed such acts2 and 7cc7 who fails to take the necessary and reasonable measures to prevent such acts or1 for acts that have been committed1 to punish the perpetrators of such acts2 7,,ii7 the term systematic means the commission of a series of acts following a regular pattern and occurring in an organized1 non-random manner2 and 7,,iii7 the term widespread means a single1 large scale act or a series of acts directed against a substantial number of victims4 4 7b7 ,barring waiver of inadmissibility for persecutors ,section #bab7;d77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#c77;,a77 is amended by striking and clauses 7i7 and 7ii7 of paragraph 7#c77;,e7 both places that term appears and inserting and 7#c77;,e74 7c7 ,removal of persecutors ,section #bcg7;a77#d77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#d77;,d77 is amended-- 7#a7 in the subparagraph heading1 by striking ,nazi 2 and 7#b7 by striking or 7iii7 and inserting 7iii71 or 7iv74 7d7 ,severe violations of religious freedom ,section #bab7;a77#b77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,g7 is amended-- 7#a7 in the subparagraph heading1 by striking ,foreign government officials and inserting ,any persons2 and 7#b7 by striking 1 while serving as a foreign government official14 7e7 ,barring persecutors from establishing good moral character ,section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f77 is amended-- 7#a7 in paragraph 7#h71 by striking or at the end2 7#b7 in paragraph 7#i71 by striking killings7 or #bab7;a77#b77;,g7 7relating to severe violations of religious freedom74 and inserting killings71 #bab7;a77#b77;,g7 7relating to severe violations of religious freedom71 or #bab7;a77#c77;,g7 7relating to recruitment and use of child soldiers722 and 7#c7 by inserting after paragraph 7#i7 the following3 7#aj7 one who at any time committed1 ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 4 7f7 ,increasing criminal penalties for anyone who aids and abets the entry of a persecutor ,section #bgg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbg7 is amended by striking 7other than subparagraph 7,e7 thereof74 7g7 ,increasing criminal penalties for female genital mutilation ,section #aaf of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking shall be fined under this title or imprisoned not more than #e years1 or both and inserting has engaged in a violent crime against children under section #ceei7;f77#c71 shall be imprisoned for life or for #aj years or longer2 and 7#b7 in subsection 7d71 by striking shall be fined under this title or imprisoned not more than #e years1 or both4 and inserting shall be imprisoned for life or for #aj years or longer44 7h7 ,material support in the recruitment or use of child soldiers 7#a7 ,inadmissibility ,section #bab7;a77#c77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,g77 is amended-- 7,a7 by striking section #bddb and inserting section #bddb7;a72 and 7,b7 by inserting or has provided material support in the recruitment or use of child soldiers in violation of section #bcci;,a of such title #ah1 after ,code14 7#b7 ,deportability ,section #bcg7;a77#d77;,f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#d77;,f77 is amended by inserting or has provided material support in the recruitment or use of child soldiers in violation of section #bcci;,a of title #ah1;after ,code14 7i7 ,technical amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;a77#db7 7#h ,u4,s4,c4 #aaja7;a77#db771 by inserting committed1 before ordered2 7#b7 in section #bjh7;b77#b77;,a77i7 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77i771 by inserting committed1 before ordered2 and 7#c7 in section #bda7;b77#c77;,b77i7 7#h ,u4,s4,c4 #abca7;b77#c77;,b77i771 by inserting committed1 before ordered4 7j7 ,effective date ,the amendments made by this section shall apply to any offense committed before1 on1 or after the date of enactment of this ,act4 #aeaa4 ,gang membership1 removal1 and increased criminal penalties related to gang violence 7a7 ,definition of criminal gang ,section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by inserting after subparagraph 7#eb7 the following3 7#ec7 7,a7 ,the term criminal gang means any ongoing group1 club1 organization1 or association1 inside or outside the ,united ,states1 of #b or more persons that-- 7i7 has1 as #a of its primary purposes1 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 has been designated as a criminal gang by the ,secretary1 in consultation with the ,attorney ,general1 as meeting the criteria set forth in clause 7i74 7,b7 ,the offenses described in this subparagraph1 whether in violation of ,federal or ,state law or the law of a foreign country and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of the ,strong ,visa ,integrity ,secures ,america ,act1 are the following3 7i7 ,any aggravated felony4 7ii7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7iii7 ,any criminal offense described in section #bab or #bcg4 7iv7 ,an offense involving 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 ,code74 7v7 ,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 purpose74 7vi7 ,any offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element of the offense1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon4 7vii7 ,any offense that has1 as an element of the offense1 the use1 attempted use1 or threatened use of any physical object to inflict or cause 7either directly or indirectly7 serious bodily injury1 including an injury that may ultimately result in the death of a person4 7viii7 ,an offense involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant4 7ix7 ,any conduct punishable under section #ajbh or #ajbi of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification documents or access devices71 sections #aeha through #aeid of such title 7relating to peonage1 slavery and trafficking in persons71 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 7x7 ,a conspiracy to commit an offense described in clauses 7i7 through 7v74 7,c7 ,notwithstanding any other provision of law 7including any effective date71 a group1 club1 organization1 or association shall be considered a criminal gang regardless of whether the conduct occurred before1 on1 or after the date of the enactment of the ,strong ,visa ,integrity ,secures ,america ,act4 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by adding at the end the following3 7,j7 ,aliens associated with criminal gangs 7i7 ,in general ,any alien who a consular officer1 the ,secretary1 or the ,attorney ,general knows or has reasonable ground to believe-- 7,i7 to be or to have been a member of a criminal gang2 or 7,,ii7 to have participated in the activities of a criminal gang1 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang1 is inadmissible4 7ii7 ,exception ,clause 7i7 shall not apply to an alien-- 7,i7 who did not know1 or should not reasonably have known1 of the activity causing the alien to be found inadmissible under this section2 or 7,,ii7 whom the consular officer or the ,attorney ,general has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section44 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,g7 ,aliens associated with criminal gangs 7i7 ,in general ,any alien who the ,secretary or the ,attorney ,general knows or has reason to believe-- 7,i7 is or has been a member of a criminal gang2 or 7,,ii7 has participated in the activities of a criminal gang1 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang1 is deportable4 7ii7 ,exception ,clause 7i7 shall not apply to an alien-- 7,i7 who did not know1 or should not reasonably have known1 of the activity causing the alien to be found deportable under this section2 or 7,,ii7 whom the consular or ,attorney ,general has reasonable grounds to believe has renounced the activity causing the alien to be found deportable under this section44 4 7d7 ,designation of criminal gangs 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bbj4 ,designation of criminal gangs 7a7 ,in general ,the ,secretary1 in consultation with the ,attorney ,general1 and the ,secretary of ,state1 may designate a group or association as a criminal gang if their conduct is described in section #aja7;a77#ec7 or if the group's or association's conduct poses a significant risk that threatens the security and the public safety of ,united ,states nationals or the national security1 homeland security1 foreign policy1 or economy of the ,united ,states4 7b7 ,effective date ,designations under subsection 7a7 shall remain in effect until the designation is revoked1 after consultation between the ,secretary1 the ,attorney ,general1 and the ,secretary of ,state1 or is terminated in accordance with ,federal law4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bai the following3 8#bbj4 ,designation of criminal gangs40 7e7 ,annual report on detention of criminal gang members ,not later than ,march #a of each year 7beginning #a year after the date of the enactment of this ,act71 the ,secretary1 after consultation with the heads of appropriate ,federal agencies1 shall submit a report 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 the ,committee on the ,judiciary of the ,house of ,representatives on the number of aliens detained who are described in section #bab7;a77#b77;,j7 and section #bcg7;a77#b77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,j7 and #abbg7;a77#b77;,g771 as added by subsections 7b7 and 7c74 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 #abca7;b77#c77;,b77 is amended1 in the matter preceding clause 7i71 by inserting who is described in section #bab7;a77#b77;,j77i7 or section #bcg7;a77#b77;,g77i7 or who is after to an alien4 7#b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,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 7,c7 by inserting after clause 7v7 the following3 7vi7 the alien is described in section #bab7;a77#b77;,j77i7 or section #bcg7;a77#b77;,g77i7 7relating to participation in criminal gangs72 or 2 and 7,d7 by amending clause 7vii71 as redesignated1 to read as follows3 7vii7 the alien was firmly resettled in another country before arriving in the ,united ,states1 which shall be considered evidence that the alien can live in such country 7in any legal status7 without fear of persecution4 4 7g7 ,cancellation of removal ,section #bdj;,a7c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7c77 is amended by adding at the end the following3 7#g7 ,an alien who is described in section #bab7;a77#b77;,j77i7 or section #bcg7;a77#b77;,g77i77 relating to participation in criminal gangs74 4 7h7 ,voluntary departure ,section #bdj;,b7c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7c77 is amended to read as follows3 7c7 ,limitation on voluntary departure ,the ,attorney ,general shall not permit an alien to depart voluntarily under this section if the alien-- 7#a7 was previously permitted to depart voluntarily after having been found inadmissible under section #bab7;a77#f77;,a72 or 7#b7 is described in section #bab7;a77#b77;,j77i7 or #bcg7;a77#b77;,g77i77relating to participation in criminal gangs74 4 7i7 ,effective date and application ,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 #aeab4 ,barring aliens with convictions for driving under the influence or while intoxicated 7a7 ,aggravated felony driving while intoxicated 7#a7 ,definitions ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended-- 7,a7 in subparagraph 7,t71 by striking and2 7,b7 in subparagraph 7,u71 by striking the period at the end and inserting 2 and2 and 7,c7 by inserting after subparagraph 7,u7 the following3 7,v7 a single conviction for driving while intoxicated 7including a conviction for driving while under the influence of or impaired by alcohol or illicit drugs71 when such impaired driving was the cause of the serious bodily injury or death of another person or a second or subsequent conviction for driving while intoxicated 7including a conviction for driving under the influence of or impaired by alcohol or illicit drugs71 without regard to whether the conviction is classified as a misdemeanor or felony under ,state law4 ,for purposes of this paragraph1 the ,secretary or the ,attorney ,general are not required to prove the first conviction for driving while intoxicated 7including a conviction for driving while under the influence of or impaired by alcohol or illicit drugs7 as a predicate offense and need only make a factual determination that the alien was previously convicted for driving while intoxicated 7including a conviction for driving while under the influence of or impaired by alcohol or illicit drugs74 4 7#b7 ,effective date and application ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to any conviction entered on or after such date4 7b7 ,inadmissibility for driving while intoxicated or under the influence 7#a7 ,in general ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act1 as amended by section #aeaa1 is further amended by adding at the end the following3 7,k7 ,driving while intoxicated and unlawfully present in the ,united ,states ,an alien who is convicted of driving while intoxicated1 driving under the influence1 or a similar violation of ,state law is inadmissible4 4 7#b7 ,effective date and application ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and shall apply to any conviction entered on or after such date4 7c7 ,deportation for driving while intoxicated or under the influence 7#a7 ,in general ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act1 as amended by section #aeaa1 is further amended by adding at the end the following3 7,h7 ,driving while intoxicated and while unlawfully present in the ,united ,states ,an alien who is convicted of driving while intoxicated1 driving under the influence1 or a similar violation of ,state law is deportable4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and shall apply to any conviction entered on or after such date4 7d7 ,good moral character bar for ,,dui or ,,dwi convictions 7#a7 ,in general ,section #aja7;f7 of the ,immigration and ,nationality ,act1 as amended by section #aeaj1 is further amended by inserting after paragraph 7#a7 the following3 7#b7 inadmissible under section #bab7;a77#b77,k7 or deportable under section #bcg7;a77#b77;,h72 4 7e7 ,technical and conforming amendments 7#a7 ,in general ,section #bab7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;h77 is amended-- 7,a7 by inserting or the ,secretary after the ,attorney ,general each place such term appears2 and 7,b7 in the matter preceding paragraph 7#a71 by striking and 7,e7 and inserting 7,e71 and 7,k74 7#b7 ,effective date2 application ,the amendments made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act and apply to any conviction entered on or after such date4 #aeac4 ,barring aggravated felons1 border checkpoint runners1 and sex offenders from admission to the ,united ,states 7a7 ,inadmissibility on criminal and related grounds2 waivers ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a77i7-- 7i7 in subclause 7,i71 by striking 1 or and inserting a semicolon2 7ii7 in subclause 7,,ii71 by striking the comma at the end and inserting 2 or2 and 7iii7 by inserting after subclause 7,,ii7 the following3 7,,iii7 a violation of 7or a conspiracy or attempt to violate7 any statute relating to section #bjh of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7 7relating to social security account numbers or social security cards7 or section #ajbh of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification documents1 authentication features1 and information71 2 and 7,b7 by inserting after subparagraph 7,k71 as added by section #aeab1 the following3 7,l7 ,citizenship fraud ,any alien convicted of1 or who admits having committed1 or who admits committing acts which constitute the essential elements of1 a violation of1 or an attempt or a conspiracy to violate1 subsection 7a7 or 7b7 of section #adbe of title #ah1 ,united ,states ,code 7relating to the procurement of citizenship or naturalization unlawfully71 is inadmissible4 7,m7 ,certain firearm offenses ,any alien who at any time has been convicted under any law of1 admits having committed1 or admits committing acts which constitute the essential elements of1 any law relating to1 purchasing1 selling1 offering for sale1 exchanging1 using1 owning1 possessing1 or carrying1 or of attempting or conspiring to purchase1 sell1 offer for sale1 exchange1 use1 own1 possess1 or carry1 any weapon1 part1 or accessory which is a firearm or destructive device 7as defined in section #iba7;a7 of title #ah1 ,united ,states ,code7 in violation of any law1 is inadmissible4 7,n7 ,aggravated felons ,any alien who has been convicted of an aggravated felony at any time is inadmissible4 7,o7 ,high speed flight ,any alien who has been convicted of a violation of section #geh of title #ah1 ,united ,states ,code 7relating to high speed flight from an immigration checkpoint71 is inadmissible4 7,p7 ,failure to register as a sex offender ,any alien convicted under section #bbej of title #ah1 ,united ,states ,code1 is inadmissible4 7,q7 ,crimes of domestic violence1 stalking1 or violation of protection orders2 crimes against children 7i7 ,domestic violence1 stalking1 and child abuse 7,i7 ,in general ,except as provided in subsection 7v71 any alien who at any time is or has been convicted of a crime involving the use or attempted use of physical force1 or threatened use of a deadly weapon1 a crime of domestic violence1 a crime of stalking1 or a crime of child abuse1 child neglect1 or child abandonment is inadmissible4 7,,ii7 ,crime of domestic violence defined ,for purposes of this clause1 the term crime of domestic violence means any crime of violence or any offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon against a person committed by a current or former spouse of the person1 by an individual with whom the person shares a child in common1 by an individual who is cohabiting with or has cohabited with the person as a spouse1 by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs1 or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the ,united ,states or any ,state1 ,indian tribal government1 or unit of local government4 7ii7 ,violators of protection orders 7,i7 ,in general ,except as provided in subsection 7v71 any alien who at any time is or has been enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence1 repeated harassment1 or bodily injury to the person or persons for whom the protection order was issued is inadmissible4 7,,ii7 ,protective order defined ,in this clause1 the term protection order means any injunction issued for the purpose of preventing violent or threatening acts of violence that involve the use or attempted use of physical force1 or threatened use of a deadly weapon1 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 victim1 including temporary or final orders issued by civil or criminal courts 7other than support or child custody orders or provisions7 whether obtained by filing an independent action or as an independent order in another proceeding4 2 7#b7 in subsection 7h7-- 7,a7 in the matter preceding paragraph 7#a71 as amended by this ,act1 by striking 1 and 7,k71 and inserting 7,k71 and 7,m72 7,b7 in the undesignated matter following paragraph 7#b7-- 7i7 by striking torture4 and inserting torture1 or has been convicted of an aggravated felony42 and 7ii7 by striking if either since the date of such admission the alien has been convicted of an aggravated felony or the alien and inserting if since the date of such admission the alien2 7#c7 by redesignating subsection 7t71 as added by section #a7;b77#b77;,b7 of ,public ,law #ajh-ddi1 as subsection 7u72 and 7#d7 by adding at the end the following3 7v7 ,waiver for victims of domestic violence 7#a7 ,in general ,the ,secretary or the ,attorney ,general is not limited by the criminal court record and may waive the application of subsection 7a77#b77,q77i7 7with respect to crimes of domestic violence and crimes of stalking7 and subsection 7a77#b77,q77ii71 in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship1 upon a determination that-- 7,a7 the alien was acting in self-defense2 7,b7 the alien was found to have violated a protection order intended to protect the alien2 or 7,c7 the alien committed1 was arrested for1 was convicted of1 or pled guilty to committing a crime-- 7i7 that did not result in serious bodily injury2 and 7ii7 where there was a connection between the crime and the alien's having been battered or subjected to extreme cruelty4 7#b7 ,credible evidence considered ,in acting on applications for a waiver under this subsection1 the ,secretary or the ,attorney ,general shall consider any credible evidence relevant to the application4 ,the determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the ,secretary or the ,attorney ,general4 4 7b7 ,deportability2 criminal offenses ,section #bcg7;a77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#c77;,b77 is amended-- 7#a7 in clause 7i71 by striking the comma at the end and inserting a semicolon2 7#b7 in clause 7ii71 by striking 1 or at the end and inserting a semicolon2 7#c7 in clause 7iii71 by striking the comma at the end and inserting 2 or2 and 7#d7 by inserting after clause 7iii7 the following3 7iv7 of a violation of1 or an attempt or a conspiracy to violate1 subsection 7a7 or 7b7 of section #adbe of title #ah 7relating to the unlawful procurement of citizenship or naturalization71 4 7c7 ,deportability2 criminal offenses ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b771 as amended by sections #aeaa and #aeab1 is further amended by adding at the end the following3 7,i7 ,identification fraud ,any alien who is convicted of a violation of 7or a conspiracy or attempt to violate7 an offense relating to section #bjh of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7 7relating to social security account numbers or social security cards7 or section #ajbh of title #ah1 ,united ,states ,code 7relating to fraud and related activity in connection with identification71 is deportable4 4 7d7 ,applicability ,the amendments made by this section shall apply to-- 7#a7 any act that occurred before1 on1 or after the date of the enactment of this ,act2 7#b7 all aliens who are required to establish admissibility on or after such date of enactment2 and 7#c7 all removal1 deportation1 or exclusion proceedings that are filed1 pending1 or reopened1 on or after such date of enactment4 7e7 ,rule of construction ,the amendments made by this section may not be construed to create eligibility for relief from removal under section #bab7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;c771 as in effect on the day before the date of the enactment of this ,act1 if such eligibility did not exist before such date of enactment4 #aead4 ,protecting immigrants from convicted sex offenders 7a7 ,immigrants ,section #bjd7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a77#a77 is amended-- 7#a7 in subparagraph 7,a71 by amending clause 7viii7 to read as follows3 7viii7 ,clause 7i7 shall not apply to a citizen of the ,united ,states who has been convicted of an offense described in subparagraph 7,a71 7,i71 or 7,k7 of section #aja7;a77#dc7 or a specified offense against a minor as defined in section #aaa7g7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa7g77 unless the ,secretary1 in the ,secretary's sole and unreviewable discretion1 determines that the citizen poses no risk to the alien with respect to whom a petition described in clause 7i7 is filed4 2 and 7#b7 in subparagraph 7,b77i7-- 7,a7 by redesignating the second subclause 7,i7 as subclause 7,,ii72 and 7,b7 by amending such subclause 7,,ii7 to read as follows3 7,,ii7 ,subclause 7,i7 shall not apply to an alien lawfully admitted for permanent residence who has been convicted of an offense described in subparagraph 7,a71 7,i71 or 7,k7 of section #aja7;a77#dc7 or a specified offense against a minor as defined in section #aaa7g7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa7g77 unless the ,secretary1 in the ,secretary's sole and unreviewable discretion1 determines that the alien lawfully admitted for permanent residence poses no risk to the alien with respect to whom a petition described in subclause 7,i7 is filed4 4 7b7 ,nonimmigrants ,section #aja7;a77#ae77,k7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,k77 is amended by striking #bjd7;a77#a77;,a77viii77,i77 each place such term appears and inserting #bjd7;a77#a77;,a77viii774 7c7 ,effective date2 application ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply to petitions filed on or after such date4 #aeae4 ,enhanced criminal penalties for high speed flight 7a7 ,in general ,section #geh of title #ah1 ,united ,states ,code1 is amended to read as follows3 #geh4 ,unlawful flight from immigration or customs controls 7a7 ,evading a checkpoint ,any person who1 while operating a motor vehicle or vessel1 knowingly flees or evades a checkpoint operated by the ,department of ,homeland ,security or any other ,federal law enforcement agency1 and then knowingly or recklessly disregards or disobeys the lawful command of any law enforcement agent1 shall be fined under this title1 imprisoned not more than #e years1 or both4 7b7 ,failure to stop ,any person who1 while operating a motor vehicle1 aircraft1 or vessel1 knowingly or recklessly disregards or disobeys the lawful command of an officer of the ,department of ,homeland ,security engaged in the enforcement of the immigration1 customs1 or maritime laws1 or the lawful command of any law enforcement agent assisting such officer1 shall be fined under this title1 imprisoned not more than #b years1 or both4 7c7 ,alternative penalties ,notwithstanding the penalties provided in subsection 7a7 or 7b71 any person who violates such subsection-- 7#a7 shall be fined under this title1 imprisoned not more than #aj years1 or both1 if the violation involved the operation of a motor vehicle1 aircraft1 or vessel-- 7,a7 in excess of the applicable or posted speed limit2 7,b7 in excess of the rated capacity of the motor vehicle1 aircraft1 or vessel2 or 7,c7 in an otherwise dangerous or reckless manner2 7#b7 shall be fined under this title1 imprisoned not more than #bj years1 or both1 if the violation created a substantial and foreseeable risk of serious bodily injury or death to any person2 7#c7 shall be fined under this title1 imprisoned not more than #cj years1 or both1 if the violation caused serious bodily injury to any person2 or 7#d7 shall be fined under this title1 imprisoned for any term of years or life1 or both1 if the violation resulted in the death of any person4 7d7 ,attempt and conspiracy ,any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense4 7e7 ,forfeiture ,any property1 real or personal1 constituting or traceable to the gross proceeds of the offense and any property1 real or personal1 used or intended to be used to commit or facilitate the commission of the offense shall be subject to forfeiture4 7f7 ,forfeiture procedures ,seizures and forfeitures under this section shall be governed by the provisions of chapter #df 7relating to civil forfeitures71 including section #iha7;d71 except that such duties as are imposed upon the ,secretary of the ,treasury under the customs laws described in that section shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security or the ,attorney ,general4 ,nothing in this section may be construed to limit the authority of the ,secretary of ,homeland ,security to seize and forfeit motor vehicles1 aircraft1 or vessels under the ,customs laws or any other laws of the ,united ,states4 7g7 ,definitions ,for purposes of this section-- 7#a7 the term checkpoint includes any customs or immigration inspection at a port of entry or immigration inspection at a ,u4,s4 ,border ,patrol checkpoint2 7#b7 the term law enforcement agent means-- 7,a7 any ,federal1 ,state1 local or tribal official authorized to enforce criminal law2 and 7,b7 when conveying a command described in subsection 7b71 an air traffic controller2 7#c7 the term lawful command includes a command to stop1 decrease speed1 alter course1 or land1 whether communicated orally1 visually1 by means of lights or sirens1 or by radio1 telephone1 or other communication2 7#d7 the term motor vehicle means any motorized or self-propelled means of terrestrial transportation2 and 7#e7 the term serious bodily injury has the meaning given in section #baai7b74 4 7b7 ,clerical amendment ,the table of sections for chapter #ce of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #geh and inserting the following3 #geh4 ,unlawful flight from immigration or customs controls4 4 7c7 ,rule of construction ,the amendments made by subsection 7a7 may not be construed to create eligibility for relief from removal under section #bab7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;c771 as in effect on the day before the date of the enactment of this ,act1 if such eligibility did not exist before such date of enactment4 #aeaf4 ,prohibition on asylum and cancellation of removal for terrorists 7a7 ,asylum ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a771 as amended by section #aeaa and #aeab1 is further amended-- 7#a7 by inserting or the ,secretary after if the ,attorney ,general2 and 7#b7 by amending clause 7v7 to read as follows3 7v7 the alien is described in subparagraph 7,b77i7 or 7,f7 of section #bab7;a77#c71 unless1 in the case of an alien described in section #bab7;a77#c77;,b77i77,,ix71 the ,secretary or the ,attorney ,general determines1 in his or her sole and unreviewable discretion1 that there are not reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 or 4 7b7 ,cancellation of removal ,section #bdj;,a7c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7c77#d77 is amended-- 7#a7 by striking inadmissible under and inserting described in2 and 7#b7 by striking deportable under and inserting described in4 7c7 ,restriction on removal 7#a7 ,in general ,section #bda7;b77#c77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;b77#c77;,a77 is amended-- 7,a7 by inserting or the ,secretary after ,attorney ,general both places that term appears2 7,b7 by striking ,notwithstanding and inserting the following3 7i7 ,in general ,notwithstanding 2 and 7,c7 by adding at the end the following3 7ii7 ,burden of proof ,the alien has the burden of proof to establish that the alien's life or freedom would be threatened in such country1 and that race1 religion1 nationality1 membership in a particular social group1 or political opinion would be at least #a central reason for such threat4 4 7#b7 ,exception ,section #bda7;b77#c77;,b7 of such ,act 7#h ,u4,s4,c4 #abca7;b77#c77;,b77 is amended-- 7,a7 by inserting or the ,secretary after ,attorney ,general both places that term appears2 7,b7 in clause 7iii71 striking or at the end2 7,c7 in clause 7iv71 striking the period at the end and inserting a semicolon2 7,d7 inserting after clause 7iv7 the following3 7v7 the alien is described in subparagraph 7,b77i7 or 7,f7 of section #bab7;a77#c77;,b71 unless1 in the case of an alien described in section #bab7;a77#c77;,b77i77,,ix71 the ,secretary or the ,attorney ,general determines1 in his or her sole and unreviewable discretion1 that there are not reasonable grounds for regarding the alien as a danger to the security of the ,united ,states2 or 7vi7 the alien is convicted of an aggravated felony4 2 and 7,e7 by striking the undesignated matter at the end4 7#c7 ,sustaining burden of proof2 credibility determinations ,section #bda7;b77#c77;,c7 of such ,act 7#h ,u4,s4,c4 #abca7;b77#c77;,c77 is amended by striking ,in determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph 7,a71 and inserting ,for purposes of this paragraph14 7#d7 ,effective date2 application ,the amendments made by paragraphs 7#a7 and 7#b7 shall take effect as if enacted on ,may #aa1 #bjje1 and shall apply to applications for withholding of removal made on or after such date4 7d7 ,effective dates2 applications ,except as provided in subsection 7c77#d71 the amendments made by this section shall take effect on the date of the enactment of this ,act and sections #bjh7;b77#b77;,a71 #bdj;,a7c71 and #bda7;b77#c7 of the ,immigration and ,nationality ,act1 as amended by this section1 shall apply to-- 7#a7 all aliens in removal1 deportation1 or exclusion proceedings2 7#b7 all applications pending on1 or filed after1 the date of the enactment of this ,act2 and 7#c7 with respect to aliens and applications described in paragraph 7#a7 or 7#b71 acts and conditions constituting a ground for exclusion1 deportation1 or removal occurring or existing before1 on1 or after the date of the enactment of this ,act4 #aeag4 ,aggravated felonies 7a7 ,definition of aggravated felony ,section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc771 as amended by section #aeab1 is further amended-- 7#a7 in subparagraph 7,a71 by striking sexual abuse of a minor2 and inserting any conviction for a sex offense1 including an offense described in sections #bbda and #bbdc of title #ah1 ,united ,states ,code1 or an offense in which the alien abused or was involved in the abuse of any individual younger than #ah years of age1 or in which the victim was1 at the time the offense was committed1 younger than #ah years of age1 regardless of the reason and extent of the act1 the sentence imposed1 or the elements in the offense that are required for conviction22 7#b7 in subparagraph 7,f71 by striking at least one year and inserting is at least #a year1 except that if the conviction records do not conclusively establish whether a crime constitutes a crime of violence or an offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon1 the ,attorney ,general or the ,secretary may consider other evidence related to the conviction1 including police reports and witness statements1 that clearly establishes that the conduct leading to the alien's conviction constitutes a crime of violence or an offense under ,federal1 ,state1 or ,tribal law1 that has1 as an element1 the use or attempted use of physical force or the threatened use of physical force or a deadly weapon22 7#c7 by amending subparagraph 7,g7 to read as follows3 7,g7 a theft offense under ,state or ,federal law 7including theft by deceit1 theft by fraud1 and receipt of stolen property7 or burglary offense under ,state or ,federal law for which the term of imprisonment is at least #a year1 except that if the conviction records do not conclusively establish whether a crime constitutes a theft or burglary offense1 the ,attorney ,general or ,secretary may consider other evidence related to the conviction1 including police reports and witness statements1 that clearly establishes that the conduct for which the alien was engaged constitutes a theft or burglary offense2 2 7#d7 in subparagraph 7,i71 by striking or #bbeb and inserting #bbeb1 or #bbeb;,a2 7#e7 in subparagraph 7,n7-- 7,a7 by striking paragraph 7#a77;,a7 or 7#b7 of2 and 7,b7 by adding a semicolon at the end2 7#f7 by amending subparagraph 7,o7 to read as follows3 7,o7 an offense described in section #bge or #bgf for which the term of imprisonment is at least #a year2 2 7#g7 in subparagraph 7,p7 by striking 7i7 which either is falsely making1 forging1 counterfeiting1 mutilating1 or altering a passport or instrument in violation of section #aedc of title #ah1 ,united ,states ,code1 or is described in section #aedf7;a7 of such title 7relating to document fraud7 and 7ii7 and inserting which is described in the first paragraph of section #aeda1 #aedb1 #aedc1 #aedd1 #aedf7;a71 or #aedg of title #ah1 ,united ,states ,code1 and2 7#h7 in subparagraph 7,u71 by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting an attempt to commit1 conspiracy to commit1 or facilitation of an offense described in this paragraph1 or aiding1 abetting1 procuring1 commanding1 inducing1 or soliciting the commission of such an offense2 and 7#i7 by striking the undesignated material at end and inserting the following3 ,the term applies to an offense described in this paragraph1 whether in violation of ,federal or ,state law1 or a law of a foreign country1 for which the term of imprisonment was completed within the previous #bj years1 and even if the length of the term of imprisonment for the offense is based on recidivist or other enhancements4 ,notwithstanding any other provision of law 7including any effective date71 the term applies regardless of whether the conviction was entered before1 on1 or after ,september #cj1 #aiif4 4 7b7 ,definition of conviction ,section #aja7;a77#dh7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended by adding at the end the following3 7,c7 7i7 ,any reversal1 vacatur1 expungement1 or modification of a conviction1 sentence1 or conviction that was granted to ameliorate the consequences of the conviction1 sentence1 or conviction1 or was granted for rehabilitative purposes shall have no effect on the immigration consequences resulting from the original conviction4 7ii7 ,the alien shall have the burden of demonstrating that any reversal1 vacatur1 expungement1 or modification1 including modification to any sentence for an offense1 was not granted to ameliorate the consequences of the conviction1 sentence1 or conviction record1 or for rehabilitative purposes4 4 7c7 ,effective date2 application ,the amendments made by this section shall take effect on the date of the enactment of this ,act and apply to any act that occurred before1 on1 or after such date of enactment4 #aeah4 ,convictions 7a7 ,grounds of inadmissibility ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b771 as amended by sections #aeaa through #aeac1 is further amended by adding at the end the following3 7,l7 ,convictions 7i7 ,in general ,for purposes of determining whether an underlying criminal offense constitutes a ground of inadmissibility under this subsection1 all statutes or common law offenses are divisible if any of the conduct encompassed by the statute constitutes an offense that is a ground of inadmissibility4 7ii7 ,other evidence ,if the conviction records1 such as charging documents1 plea agreements1 plea colloquies1 and jury instructions1 do not conclusively establish whether a crime constitutes a ground of inadmissibility1 the ,attorney ,general1 the ,secretary of ,state1 or the ,secretary may consider other evidence related to the conviction1 including police reports and witness statements1 that clearly establishes that the conduct leading to the alien's conviction constitutes a ground of inadmissibility4 4 7b7 ,grounds of deportability ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b771 as amended by sections #aeaa through #aeac1 is further amended by adding at the end the following3 7,j7 ,criminal offenses 7i7 ,in general ,for purposes of determining whether an underlying criminal offense constitutes a ground of deportability under this subsection1 all statutes or common law offenses are divisible if any of the conduct encompassed by the statute constitutes an offense that is a ground of deportability4 7ii7 ,other evidence ,if the conviction records1 such as charging documents1 plea agreements1 plea colloquies1 and jury instructions1 do not conclusively establish whether a crime constitutes a ground of deportability1 the ,attorney ,general or the ,secretary may consider other evidence related to the conviction1 including police reports and witness statements1 that clearly establishes that the conduct leading to the alien's conviction constitutes a ground of deportability4 4 #aeai4 ,failure to obey removal orders 7a7 ,in general ,section #bdc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by inserting #bab7;a7 or before #bcg7;a712 and 7,b7 by striking paragraph 7#c72 7#b7 by striking subsection 7b72 and 7#c7 by redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively4 7b7 ,effective date ,the amendments made by subsection 7a77#a7 shall take effect on the date of the enactment of this ,act and shall apply to acts that are described in subparagraphs 7,a7 through 7,d7 of section #bdc7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7;a77#a77 that occur on or after such date of enactment4 #aebj4 ,sanctions for countries that delay or prevent repatriation of their nationals ,section #bdc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec7 is amended by striking subsection 7c71 as redesignated by section #aeai7;a77#c71 and inserting the following3 7c7 ,listing of countries who delay repatriation of removed aliens 7#a7 ,listing of countries ,beginning on the date that is #f months after the date of the enactment of the ,strong ,visa ,integrity ,secures ,america ,act1 and every #f months thereafter1 the ,secretary shall publish a report in the ,federal ,register that includes a list of-- 7,a7 countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country since the date of enactment of this ,act and the total number of such aliens1 disaggregated by nationality2 7,b7 countries that have an excessive repatriation failure rate2 and 7,c7 each country that was reported as noncompliant in the most recent reporting period4 7#b7 ,exemption ,the ,secretary1 in the ,secretary's sole and unreviewable discretion1 and in consultation with the ,secretary of ,state1 may exempt a country from inclusion on the list under paragraph 7#a7 if there are significant foreign policy or security concerns that warrant such an exemption4 7d7 ,discontinuing granting of visas to nationals of countries denying or delaying accepting alien 7#a7 ,in general ,notwithstanding section #bba7;c71 the ,secretary shall take the action described in paragraph 7#b77;,a7 and may take an action described in paragraph 7#b77;,b71 if the ,secretary determines that-- 7,a7 an alien who is a national of a foreign country is inadmissible under section #bab or deportable under section #bcg1 or the alien has been ordered removed from the ,united ,states2 and 7,b7 the government of the foreign country referred to in subparagraph 7,a7 is-- 7i7 denying or unreasonably delaying accepting aliens who are citizens1 subjects1 nationals1 or residents of that country after the ,secretary asks whether the government will accept an alien under this section2 or 7ii7 refusing to issue any required travel or identity documents to allow the alien who is citizen1 subject1 national1 or resident of that country to return to that country4 7#b7 ,actions described ,the actions described in this paragraph are the following3 7,a7 ,an order from the ,secretary of ,state to consular officers in the foreign country referred to in paragraph 7#a7 to discontinue granting visas under section #aja7;a77#ae77;,a77iii7 to attendants1 servants1 personal employees1 and members of their immediate families1 of the officials and employees of that country who receive nonimmigrant status under clause 7i7 or 7ii7 of section #aja7;a77#ae77;,a74 7,b7 ,denial of admission to any citizens1 subjects1 nationals1 and residents from the foreign country referred to in paragraph 7#a71 the imposition of any limitations1 conditions1 or additional fees on the issuance of visas or travel from that country1 or the imposition of any other sanctions against that country that are authorized by law4 7#c7 ,resumption of visa issuance ,consular officers in the foreign country that refused or unreasonably delayed repatriation or refused to issue required identity or travel documents may resume visa issuance after the ,secretary notifies the ,secretary of ,state that the country has accepted the aliens4 4 #aeba4 ,enhanced penalties for construction and use of border tunnels ,section #eee of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking not more than #bj years4 and inserting not less than #g years and not more than #bj years42 and 7#b7 in subsection 7b71 by striking not more than #aj years4 and inserting not less than #c years and not more than #aj years44 #aebb4 ,enhanced penalties for fraud and misuse of visas1 permits1 and other documents ,section #aedf7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking ,commissioner of the ,immigration and ,naturalization ,service each place that term appears and inserting ,secretary of ,homeland ,security2 7#b7 by striking ,shall be fined and all that follows and inserting ,shall be fined under this title or imprisoned for not less than #ab years and not more than #be years 7if the offense was committed to facilitate an act of international terrorism 7as defined in section #bcca of this title771 not less than #aj years and not more than #bj years 7if the offense was committed to facilitate a drug trafficking crime 7as defined in section #ibi7;a7 of this title771 not less than #e years and not more than #aj years 7for the first or second such offense1 if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime71 or not less than #g years and not more than #ae years 7for any other offense71 or both4 #aebc4 ,expansion of criminal alien repatriation programs 7a7 ,expansion of criminal alien repatriation flights ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall increase the number of criminal and illegal alien repatriation flights from the ,united ,states conducted by ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement ,air ,operations by not less than #ae percent compared to the number of such flights operated1 and authorized to be operated1 under existing appropriations and funding on the date of the enactment of this ,act4 7b7 ,u4,s4 ,immigration and ,customs enforcement air operations ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue a directive to expand ,u4,s4 ,immigration and ,customs ,enforcement ,air ,operations 7referred to in this subsection as ,,ice ,air ,ops7 so that ,,ice ,air ,ops provides additional services with respect to aliens who are illegally present in the ,united ,states4 ,such expansion shall include-- 7#a7 increasing the daily operations of ,,ice ,air ,ops with buses and air hubs in the top #e geographic regions along the southern border2 7#b7 allocating a set number of seats for such aliens for each metropolitan area2 and 7#c7 allowing a metropolitan area to trade or give some of seats allocated to such area under paragraph 7#b7 for such aliens to other areas in the region of such area based on the transportation needs of each area4 7c7 ,authorization of appropriations ,in addition to the amounts otherwise authorized to be appropriated1 there is authorized to be appropriated #aj1jjj1jjj for each of fiscal years #bjah through #bjba to carry out this section4 #b ,strong ,visa ,integrity ,secures ,america ,act #aeca4 ,short title ,this chapter may be cited as the ,strong ,visa ,integrity ,secures ,america ,act4 #aecb4 ,visa security 7a7 ,visa security units at high risk posts ,section #dbh7;e77#a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77#a77 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 following3 7,b7 ,risk-based assignments 7i7 ,in general ,in carrying out subparagraph 7,a71 the ,secretary shall assign1 in a risk-based manner1 and considering the criteria described in clause 7ii71 employees of the ,department to not fewer than #ej diplomatic and consular posts at which visas are issued4 7ii7 ,criteria described ,the criteria described in this clause 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 cooperation of the country referred to in subclause 7,i7 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;,b77vi77 within or through the country referred to in subclause 7,i74 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 the country referred to in subclause 7,i74 7,,vi7 ,any other criteria the ,secretary determines appropriate4 7iii7 ,rule of construction ,the assignment of employees of the ,department pursuant to this subparagraph is solely the authority of the ,secretary and may not be altered or rejected by the ,secretary of ,state4 4 7b7 ,counterterrorism vetting and screening ,section #dbh7;e77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77#b77 is amended-- 7#a7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#b7 by inserting after subparagraph 7,b7 the following3 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 ,section #dbh7;e77#f77;,a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77#f77;,a77 is amended-- 7#a7 by 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 by striking shall be provided the necessary training4 7d7 ,pre-adjudicated visa security assistance and visa security advisory opinion unit ,section #dbh7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7;e77 is amended by adding at the end the following3 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 ,schedule of implementation ,the requirements established under paragraphs 7#a7 and 7#aj7 of section #dbh7;e7 of the ,homeland ,security ,act of #bjjb1 as amended and added by this section1 shall be implemented not later than #c years after the date of the enactment of this ,act4 7f7 ,authorization of appropriations ,there are authorized to be appropriated #cj1jjj1jjj to implement this section and the amendments made by this section4 #aecc4 ,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 is amended by adding at the end the following3 #dbj4 ,electronic passport screening and biometric matching 7a7 ,in general ,not later than #a year after the date of the enactment of the ,strong ,visa ,integrity ,secures ,america ,act1 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 ,subsection 7a77#a7 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 ,subsection 7a77#b7 shall apply1 at a minimum1 to individuals who are nationals of a program country pursuant to section #bag of such ,act4 7c7 ,annual report 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in collaboration with the ,chief ,privacy ,officer of the ,department1 shall submit an annual report1 through fiscal year #bjba1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security of the ,house of ,representatives that describes the utilization of facial recognition technology and other biometric technology pursuant to subsection 7a77#b74 7#b7 ,report contents ,each report submitted pursuant to paragraph 7#a7 shall include-- 7,a7 information on the type of technology used at each airport of entry2 7,b7 the number of individuals who were subject to inspection using either of such technologies at each airport of entry2 7,c7 within the group of individuals subject to such inspection1 the number of those individuals who were ,united ,states citizens and lawful permanent residents2 7,d7 information on the disposition of data collected during the year covered by such report2 and 7,e7 information on protocols for the management of collected biometric data1 including time frames 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 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 following3 8,sec4 #dbj4 ,electronic passport screening and biometric matching48,sec4 #dbj;,a4 ,continuous screening by ,u4,s4 ,customs and ,border ,protection404 #aecd4 ,reporting 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 7b742 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,annual report ,not later than ,june #cj1 #bjah1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit a report 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 the ,committee on the ,judiciary of the ,house of ,representatives that provides1 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 defined in section #aja7;a77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#f772 and 7#e7 the number of ,canadian nationals who entered the ,united ,states without a visa and whose authorized period of stay in the ,united ,states terminated during the previous fiscal year1 but who remained in the ,united ,states4 4 #aece4 ,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 conducting primary inspections of aliens seeking admission to the ,united ,states at each port of entry of the ,united ,states4 #aecf4 ,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 et4 seq471 as amended by section #aaag1 is further amended by adding at the end the following3 #dce4 ,social media screening 7a7 ,in general ,not later than #ahj days after the date of the enactment of the ,strong ,visa ,integrity ,secures ,america ,act1 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 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 ,secretary 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 develop the technology required to carry out the requirements under subsection 7a71 the ,secretary shall 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 #dcf4 ,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 ,act1 is further amended by inserting after the item relating to section #dcc the following3 ,sec4 #dcd4 ,social media screening4,sec4 #dce4 ,open source screening4 4 #c ,visa cancellation and revocation #aeda4 ,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 ,general1 and inserting ,secretary12 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 and application ,the amendments 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 #aedb4 ,visa information sharing 7a7 ,in general ,section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking issuance or refusal and inserting issuance1 refusal1 or revocation2 and 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking and on the basis of reciprocity2 7,b7 in subparagraph 7,a7-- 7i7 by striking for the purpose of preventing and inserting the following3 8for the purpose of-- 7i7 preventing 2 and 7ii7 by adding at the end the following3 7ii7 determining a person's deportability or eligibility for a visa1 admission1 or other immigration benefit2 2 7,c7 in subparagraph 7,b7-- 7i7 by striking for the purposes and inserting for #a of the purposes2 and 7ii7 by striking or to deny visas to persons who would be inadmissible to the ,united ,states4 and inserting 2 or2 and 7,d7 by adding at the end the following3 7,c7 with regard to any or all aliens in the database1 specified data elements from each record1 if the ,secretary of ,state determines that it is required for national security or public safety or 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 on the date that is #fj days after the date of the enactment of the ,act4 #aedc4 ,visa interviews 7a7 ,in general ,section #bbb7;h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;h77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking or at the end2 7,b7 in subparagraph 7,c71 by striking and at the end and inserting or2 and 7,c7 by adding at the end the following3 7,d7 by the ,secretary of ,state1 if the ,secretary1 in his or her sole and unreviewable discretion1 determines that an interview is unnecessary because the alien is ineligible for a visa2 and 4 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,e77iv71 by striking or at the end2 7,b7 in subparagraph 7,f77iii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,g7 is an individual within a class of aliens that the ,secretary1 in his or her sole and unreviewable discretion1 has determined may pose a threat to national security or public safety4 4 #aedd4 ,judicial review of visa revocation ,section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i77 is amended-- 7#a7 by inserting 7#a7 after 7i72 and 7#b7 by adding at the end the following3 7#b7 ,a revocation under this subsection of a visa or other documentation from an alien shall automatically cancel any other valid visa that is in the alien's possession4 4 #d ,secure ,visas ,act #aeea4 ,short title ,this chapter may be cited as the ,secure ,visas ,act4 #aeeb4 ,authority of the ,secretary of ,homeland ,security and the ,secretary of ,state 7a7 ,in general ,section #dbh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7 is amended by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,authority of the ,secretary of ,homeland ,security 7#a7 ,in general ,notwithstanding section #ajd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajd7;a77 and any other provision of law1 and except for the authority of the ,secretary of ,state under subparagraphs 7,a7 and 7,g7 of section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 the ,secretary-- 7,a7 shall have exclusive authority to issue regulations1 establish policy1 and administer and enforce the provisions of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 and all other immigration or nationality laws relating to the functions of consular officers of the ,united ,states in connection with the granting and refusal of a visa2 and 7,b7 may refuse or revoke any visa to any alien or class of aliens if the ,secretary1 or his or her designee1 determines that such refusal or revocation is necessary or advisable in the security interests of the ,united ,states4 7#b7 ,effect of revocation ,the revocation of any visa under paragraph 7#a77;,b7-- 7,a7 shall take effect immediately2 and 7,b7 shall automatically cancel any other valid visa that is in the alien's possession4 7#c7 ,judicial review ,notwithstanding any other provision of law1 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and sections #acfa and #afea of such title1 no ,united ,states court has jurisdiction to review a decision by the ,secretary to refuse or revoke a visa4 7c7 ,effect of visa approval by the ,secretary of ,state 7#a7 ,in general ,the ,secretary of ,state may direct a consular officer to refuse or revoke a visa to an alien if the ,secretary determines that such refusal or revocation is necessary or advisable in the foreign policy interests of the ,united ,states4 7#b7 ,limitation ,no decision by the ,secretary of ,state to approve a visa may override a decision by the ,secretary under subsection 7b74 4 7b7 ,visa revocation ,section #dbh of the ,homeland ,security ,act 7#f ,u4,s4,c4 #bcf7 is amended by adding at the end the following3 7j7 ,visa revocation information ,if the ,secretary or the ,secretary of ,state revokes a visa-- 7#a7 the relevant consular1 law enforcement1 and terrorist screening databases shall be immediately updated on the date of the revocation2 and 7#b7 look-out notices shall be posted to all ,department port inspectors and ,department of ,state consular officers4 4 7c7 ,conforming amendment ,section #ajd7;a77#a7 of the ,immigration and ,nationality ,act is amended by inserting and the power authorized under section #dbh7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bcf7 after ,united ,states14 #e ,visa ,fraud and ,security ,improvement ,act of #bjag #aefa4 ,short title ,this chapter may be cited as the ,visa ,fraud and ,security ,improvement ,act of #bjag4 #aefb4 ,expanded usage of fraud prevention and detection fees ,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 #aefc4 ,visa information sharing ,section #bbb7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;f77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking issuance or refusal and inserting issuance1 refusal1 or revocation2 7#b7 in paragraph 7#a71 by striking the period at the end and inserting 2 and2 and 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 the ,secretary of ,state1 in the ,secretary's discretion1 may provide to a foreign government information in a ,department of ,state computerized visa database and1 when necessary and appropriate1 other records described in this section related to information in such database-- 7,a7 on the basis of reciprocity1 with regard to individual aliens1 at any time on a case-by-case basis for the purpose of-- 7i7 preventing1 investigating1 or punishing acts that would constitute a crime in the ,united ,states1 including1 but not limited to1 terrorism or trafficking in controlled substances1 persons1 or illicit weapons2 or 7ii7 determining a person's removability or eligibility for a visa1 admission1 or other immigration benefit2 7,b7 on the basis of reciprocity1 with regard to any or all aliens in such database1 pursuant to such conditions as the ,secretary of ,state shall establish in an agreement with the foreign government in which that government agrees to use such information and records for #a of the purposes described in subparagraph 7,a72 or 7,c7 with regard to any or all aliens in such database1 if the ,secretary of ,state determines that it is in the national interest to provide such information to a foreign government4 4 #aefd4 ,inadmissibility of spouses and children of 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 inserting 1 or has been1 after is2 and 7#b7 in subparagraph 7,h77ii71 by inserting 1 or has been1 after is4 #aefe4 ,,dna testing ,section #bbb7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abjb7;b77 is amended by inserting after the second sentence the following3 ,where considered necessary by the consular officer or immigration official1 to establish the bona fides of a family relationship1 the immigrant shall provide ,,dna evidence of such relationship in accordance with procedures established by the ,secretary1 in consultation with the ,secretary of ,state4 ,the ,secretary and the ,secretary of ,state may issue regulations to require the submission of ,,dna evidence to establish family relationship1 from applicants for certain visa classifications44 #aeff4 ,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 #aefg4 ,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 #f ,other ,matters #aega4 ,requirement for completion of background checks 7a7 ,in general ,section #ajc of ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc7 is amended by adding at the end the following3 7h7 ,completion of background and security checks 7#a7 ,requirement to complete ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #cji of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agch71 sections #acfa and #afea of title #bh1 ,united ,states ,code1 and section #gjf7a7 of title #e1 ,united ,states ,code1 the ,secretary and the ,attorney ,general may not approve or grant to an alien any status1 relief1 protection from removal1 employment authorization1 or any other benefit under the immigration laws1 including an adjustment of status to lawful permanent residence or a grant of ,united ,states citizenship or issue to the alien any documentation evidencing a status or grant of any status1 relief1 protection from removal1 employment authorization1 or other benefit under the immigration laws until-- 7,a7 all background and security checks required by statute or regulation or deemed necessary by the ,secretary or the ,attorney ,general1 in his or her sole and unreviewable discretion1 for the alien have been completed2 and 7,b7 the ,secretary or the ,attorney ,general has determined that the results of such checks do not preclude the approval or grant of any status1 relief1 protection from removal1 employment authorization1 or any other benefit under the immigration laws or approval1 grant1 or the issuance of any documentation evidencing such status1 relief1 protection1 authorization1 or benefit4 7#b7 ,prohibition on judicial action ,no court shall have authority to order the approval of1 grant1 mandate or require any action in a certain time period1 or award any relief for the ,secretary's or ,attorney ,general's failure to complete or delay in completing any action to provide any status1 relief1 protection from removal1 employment authorization1 or any other benefit under the immigration laws1 including an adjustment of status to lawful permanent residence1 naturalization1 or a grant of ,united ,states citizenship for an alien until-- 7,a7 all background and security checks for the alien have been completed2 and 7,b7 the ,secretary or the ,attorney ,general has determined that the results of such checks do not preclude the approval or grant of such status1 relief1 protection1 authorization1 or benefit1 or issuance of any documentation evidencing such status1 relief1 protection1 authorization1 or benefit4 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 any application1 petition1 or request for any benefit or relief or any other case or matter under the immigration laws pending with on or filed with the ,secretary of ,homeland ,security1 the ,attorney ,general1 the ,secretary of ,state1 the ,secretary of ,labor1 or a consular officer on or after such date of enactment4 #aegb4 ,withholding of adjudication 7a7 ,in general ,section #ajc of ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajc71 as amended by sections #aaab and #aega1 is further amended by adding at the end the following3 7i7 ,withholding of adjudication 7#a7 ,in general ,except as provided in subsection 7i77#d71 nothing in this ,act or in any other law1 including section #acfa and #afea of title #bh1 ,united ,states ,code1 may be construed to require1 and no court can order1 the ,secretary1 the ,attorney ,general1 the ,secretary of ,state1 the ,secretary of ,labor1 or a consular officer to grant any application1 approve any petition1 or grant or continue any relief1 protection from removal1 employment authorization1 or any other status or benefit under the immigration laws by1 to1 or on behalf of any alien with respect to whom a criminal proceeding or investigation is open or pending 7including the issuance of an arrest warrant or indictment71 if such proceeding or investigation is deemed by such official to be material to the alien's eligibility for the status1 relief1 protection1 or benefit sought4 7#b7 ,withholding of adjudication ,the ,secretary1 the ,attorney ,general1 the ,secretary of ,state1 or the ,secretary of ,labor may1 in his or her discretion1 withhold adjudication any application1 petition1 request for relief1 request for protection from removal1 employment authorization1 status or benefit under the immigration laws pending final resolution of the criminal or other proceeding or investigation4 7#c7 ,jurisdiction ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #cji of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agch71 sections #acfa and #afea of title #bh1 ,united ,states ,code1 and section #gjf7a7 of title #e1 ,united ,states ,code1 no court shall have jurisdiction to review a decision to withhold adjudication pursuant to this subsection4 7#d7 ,withholding of removal and torture convention ,this subsection does not limit or modify the applicability of section #bda7;b77#c7 or the ,united ,nations ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 subject to any reservations1 understandings1 declarations and provisos contained in the ,united ,states ,senate resolution of ratification of the ,convention1 as implemented by section #bbdb of the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7,public ,law #aje-bgg7 with respect to an alien otherwise eligible for protection under such provisions4 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 any application1 petition1 or request for any benefit or relief or any other case or matter under the immigration laws pending with or filed with the ,secretary of ,homeland ,security on or after such date of enactment4 #aegc4 ,access to the ,national ,crime ,information ,center ,interstate ,identification ,index 7a7 ,criminal justice activities ,section #ajd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aajd7 is amended by adding at the end the following3 7f7 ,notwithstanding any other provision of law1 any ,department of ,state personnel with authority to grant or refuse visas or passports may carry out activities that have a criminal justice purpose4 4 7b7 ,liaison with internal security officers2 data exchange ,section #aje of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaje7 is amended by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,access to ,,ncic-,,iii 7#a7 ,in general ,notwithstanding any other provision of law1 the ,attorney ,general and the ,director of the ,federal ,bureau of ,investigation shall provide to the ,department of ,homeland ,security and the ,department of ,state access to the criminal history record information contained in the ,national ,crime ,information ,center's ,interstate ,identification ,index 7,,ncic-,,iii7 and the ,wanted ,persons ,file and to any other files maintained by the ,national ,crime ,information ,center for the purpose of determining whether an applicant or petitioner for a visa1 admission1 or any benefit1 relief1 or status under the immigration laws1 or any beneficiary of an application1 petition1 relief1 or status under the immigration laws1 has a criminal history record indexed in the file4 7#b7 ,authorized activities 7,a7 ,in general ,the ,secretary and the ,secretary of ,state-- 7i7 shall have direct access1 without any fee or charge1 to the information described in paragraph 7#a7 to conduct name-based searches1 file number searches1 and any other searches that any criminal justice or other law enforcement officials are entitled to conduct2 and 7ii7 may contribute to the records maintained by the ,national ,crime ,information ,center4 7,b7 ,secretary of ,homeland ,security ,the ,secretary 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 7c7 ,criminal justice and law enforcement purposes ,notwithstanding any other provision of law1 adjudication of eligibility for benefits1 relief1 or status under the immigration laws and other purposes relating to citizenship and immigration services1 shall be considered to be criminal justice or law enforcement purposes with respect to access to or use of any information maintained by the ,national ,crime ,information ,center or other criminal history information or records4 4 #aegd4 ,appropriate remedies for immigration litigation 7a7 ,limitation on class actions 7#a7 ,in general ,except as provided in paragraph 7#b71 no court may certify a class under ,rule #bc of the ,federal ,rules of ,civil ,procedure in any civil action that-- 7,a7 is filed after the date of the enactment of this ,act2 and 7,b7 pertains to the administration or enforcement of the immigration laws4 7#b7 ,exception ,a court may certify a class upon a motion by the ,government if the ,government is requesting such a certification to ensure efficiency in case management or uniformity in application of precedent decisions or interpretations of laws when there is a nationwide class4 7b7 ,requirements for an order granting prospective relief against the government 7#a7 ,in general ,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 immigration laws1 the court shall-- 7,a7 limit the relief to the minimum necessary to correct the violation of law2 7,b7 adopt the least intrusive means to correct the violation of law2 7,c7 minimize1 to the greatest extent practicable1 the adverse impact on national security1 border security1 immigration administration and enforcement1 and public safety2 and 7,d7 provide for the expiration of the relief on a specific date1 which is not later than the earliest date necessary for the ,government to remedy the violation4 7#b7 ,written explanation ,the requirements described in paragraph 7#a7 shall be discussed and explained in writing in the order granting prospective relief and shall be sufficiently detailed to allow review by another court4 7#c7 ,expiration of preliminary injunctive relief ,preliminary injunctive relief granted under paragraph 7#a7 shall automatically expire on the date that is #ij days after the date on which such relief is entered1 unless the court-- 7,a7 finds that such relief meets the requirements described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a7 for the entry of permanent prospective relief2 and 7,b7 orders the preliminary relief to become a final order granting prospective relief before the expiration of such #ij-;day period4 7c7 ,procedure for motion affecting order granting prospective relief against the ,government 7#a7 ,in general ,a court shall promptly rule on a motion made by the ,united ,states ,government to vacate1 modify1 dissolve1 or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws4 7#b7 ,automatic stays 7,a7 ,in general ,a motion to vacate1 modify1 dissolve1 or otherwise terminate an order granting prospective relief made by the ,united ,states ,government in any civil action pertaining to the administration or enforcement of the immigration laws shall automatically1 and without further order of the court1 stay the order granting prospective relief on the date that is #ae days after the date on which such motion is filed unless the court previously has granted or denied the ,government's motion4 7,b7 ,duration of automatic stay ,an automatic stay under subparagraph 7,a7 shall continue until the court enters an order granting or denying the ,government's motion4 7,c7 ,postponement ,the court1 for good cause1 may postpone an automatic stay under subparagraph 7,a7 for not longer than #ae days4 7,d7 ,orders blocking automatic stays ,any order staying1 suspending1 delaying1 or otherwise barring the effective date of the automatic stay described in subparagraph 7,a71 other than an order to postpone the effective date of the automatic stay for not longer than #ae days under subparagraph 7,c7-- 7i7 shall be treated as an order refusing to vacate1 modify1 dissolve1 or otherwise terminate an injunction2 and 7ii7 shall be immediately appealable under section #abib7;a77#a7 of title #bh1 ,united ,states ,code4 7d7 ,settlements 7#a7 ,consent decrees ,in any civil action pertaining to the administration or enforcement of the immigration laws of the ,united ,states1 the court may not enter1 approve1 or continue a consent decree that does not comply with the requirements under subsection 7b77#a74 7#b7 ,private settlement agreements ,nothing in this subsection may be construed to preclude parties from entering into a private settlement agreement that does not comply with subsection 7b77#a74 7e7 ,expedited proceedings ,it shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section4 7f7 ,consent decree defined ,in this section1 the term consent decree-- 7#a7 means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties2 and 7#b7 does not include private settlements4 #aege4 ,use of #aihf ,,irca legalization information for national security purposes 7a7 ,special agricultural workers ,section #baj7;b77#f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aafj7;b77#f77 is amended-- 7#a7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 7#b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking ,justice and inserting ,homeland ,security2 7#c7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7#d7 inserting after subparagraph 7,b7 the following3 7,c7 ,authorized disclosures 7i7 ,census purpose ,the ,secretary may provide1 in the ,secretary's discretion1 for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed under section #h of title #ac1 ,united ,states ,code4 4 7ii7 ,national security purpose ,the ,secretary may provide1 in the ,secretary's discretion1 for the furnishing1 use1 publication1 or release of information furnished under this section in any investigation1 case1 or matter1 or for any purpose1 relating to terrorism1 national intelligence or the national security4 7iii7 ,subsequent applications for immigration benefits ,the ,secretary may use the information furnished under this section to adjudicate subsequent applications1 petitions1 or requests for immigration benefits filed by the alien 7iv7 ,alien consent ,the ,secretary may use the information furnished under this section for any purpose when the alien consents to its disclosure or use by the ,secretary4 7v7 ,other circumstances ,the ,secretary may use the information furnished under this section for other purposes and in other circumstances in which disclosure of the information is not related to removal of the alien from the ,united ,states4 2 and 7#e7 in subparagraph 7,d71 as redesignated1 striking ,service and inserting ,department of ,homeland ,security4 7b7 ,adjustment of status ,section #bde;,a7c77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee;a7c77#e77 is amended-- 7#a7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 7#b7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking ,justice and inserting ,homeland ,security2 and 7#c7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,authorized disclosures 7i7 ,census purpose ,the ,secretary may provide1 in the ,secretary's discretion1 for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed under section #h of title #ac1 ,united ,states ,code4 7ii7 ,national security purpose ,the ,secretary may provide1 in the ,secretary's discretion1 for the furnishing1 use1 publication1 or release of information furnished under this section in any investigation1 case1 or matter1 or for any purpose1 relating to terrorism1 national intelligence or the national security4 4 #aegf4 ,uniform statute of limitations for certain immigration1 naturalization1 and peonage offenses ,section #cbia of title #ah1 ,united ,states ,code1 is amended to read as follows3 #cbia4 ,nationality1 citizenship and passports ,no person shall be prosecuted1 tried1 or punished for a violation of any section of chapter #fi 7relating to nationality and citizenship offenses7 or #ge 7relating to passport1 visa1 and immigration offenses71 for a violation of any criminal provision of sections #bdc1 #bgd1 #bge1 #bgf1 #bgg1 or #bgh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abec1 #acbd1 #acbe1 #acbf1 #acbg1 and #acbh71 or for an attempt or conspiracy to violate any such section1 unless the indictment is returned or the information is filed within #aj years after the commission of the offense4 4 #aegg4 ,conforming amendment to the definition of racketeering activity ,section #aifa7a7 of title #ah1 ,united ,states ,code1 is amended by striking section #aedb and all that follows through section #aedf 7relating to fraud and misuse of visas1 permits1 and other documents7 and inserting sections #aeda through #aedg 7relating to passports and visas74 #aegh4 ,validity of electronic signatures 7a7 ,civil cases 7#a7 ,in general ,chapter #i of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acea et seq471 as amended by section #aabf7;a71 is further amended by adding at the end the following3 #bif4 ,validity of signatures 7a7 ,in general ,in any proceeding1 adjudication1 or any other matter arising under the immigration laws1 an individual's hand written or electronic signature on any petition1 application1 or any other document executed or provided for any purpose under the immigration laws establishes a rebuttable presumption that the signature executed is that of the individual signing1 that the individual is aware of the contents of the document1 and intends to sign it4 4 7b7 ,record integrity ,the ,secretary shall establish procedures to ensure that when any electronic signature is captured for any petition1 application1 or other document submitted for purposes of obtaining an immigration benefit1 the identity of the person is verified and authenticated1 and the record of such identification and verification is preserved for litigation purposes4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bie1 as added by section #aabf7;a77#b71 the following3 ,sec4 #bif4 ,validity of signatures4 4 7b7 ,criminal cases 7#a7 ,in general ,chapter #bbc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ceac4 ,signatures relating to immigration matters ,in a criminal proceeding in a court of the ,united ,states1 if an individual's handwritten or electronic signature appears on a petition1 application1 or other document executed or provided for any purpose under the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag771 the trier of fact may infer that the document was signed by that individual1 and that the individual knew the contents of the document and intended to sign the document4 4 7#b7 ,clerical amendment ,the table of sections for chapter #bbc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ceab the following3 #ceac4 ,signatures relating to immigration matters4 4 ,f ,prohibition on terrorists obtaining lawful status in the ,united ,states #a ,prohibition on adjustment to lawful permanent resident status #afja4 ,lawful permanent residents as applicants for admission ,section #aja7;a77#ac77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ac77;,c77 is amended-- 7#a7 in clause 7v71 by striking the 1 or and inserting a semicolon2 7#b7 in clause 7vi71 by striking the period at the end and inserting 2 or and 7#c7 by adding at the end the following3 7vii7 is described in section #bab7;a77#c7 or #bcg7;a77#d74 4 #afjb4 ,date of admission for purposes of adjustment of status 7a7 ,applicants for admission ,section #aja7;a77#ac7 of the ,immigration and ,nationality ,act1 as amended by section #afja1 is further amended by adding at the end the following3 7,d7 ,notwithstanding subparagraph 7,a71 adjustment of status of an alien to that of an alien lawfully admitted for permanent residence under section #bde or under any other provision of law is an admission of the alien4 4 7b7 ,eligibility to be removed for a crime involving moral turpitude ,section #bcg7;a77#b77;,a77i77,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,a77i77,i77 is amended by striking date of admission1 inserting alien's most recent date of admission24 #afjc4 ,precluding asylee and refugee adjustment of status for certain grounds of inadmissibility and deportability 7a7 ,grounds of inadmissibility ,section #bji7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaei7;c77 is amended by striking 7other than paragraph 7#b77;,c7 or subparagraph 7,a71 7,b71 7,c71 or 7,e7 of paragraph 7#c771 and inserting 7other than subparagraph 7,c7 or 7,g7 of paragraph 7#b7 or subparagraph 7,a71 7,b71 7,c71 7,e71 7,f71 or 7,g7 of paragraph 7#c774 7b7 ,grounds of deportability ,section #bji of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 is further amended by adding at the end the following3 7d7 ,an alien's status may not be adjusted under this section if the alien is deportable under any provision of section #bcg 7except subsections 7a77#e7 of such section74 4 7c7 ,effective date ,the amendments made by this section shall apply to-- 7#a7 any act that occurred before1 on1 or after the date of the enactment of this ,act2 and 7#b7 all aliens who are required to establish admissibility on or after such date1 and in all removal1 deportation1 or exclusion proceedings that are filed1 pending1 or reopened1 on or after such date4 #afjd4 ,revocation of lawful permanent resident status for human rights violators ,section #bdj7;b77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7b77#e77 is amended by inserting at the end the following3 7,f7 ,additional application to certain aliens outside the ,united ,states who are associated with human rights violations ,subparagraphs 7,a7 through 7,e7 shall apply to any alien placed in proceedings under this section who-- 7i7 is outside of the ,united ,states2 7ii7 has received notice of proceedings under section #bdj7;a7 7either within or outside of the ,united ,states72 and 7iii7 is described in section #bab7;a77#b77;,g7 7officials who have committed particularly severe violations of religious freedom71 #bab7;a77#c77;,e7 7,nazi persecution1 genocide1 extrajudicial killing1 or torture71 or #bab7;a77#c77;,g7 7recruitment or use of child soldiers74 4 #afje4 ,removal of condition on lawful permanent resident status prior to naturalization ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended-- 7#a7 in section #baf7;e7 7#h ,u4,s4,c4 #aahf;a7e771 by inserting 1 if the alien has had the conditional basis removed pursuant to this section before the period at the end2 and 7#b7 in section #baf;,a7e7 7#h ,u4,s4,c4 #aahf;b7e771 by inserting 1 if the alien has had the conditional basis removed pursuant to this section before the period at the end4 #afjf4 ,prohibition on terrorists and aliens who pose a threat to national security or public safety from receiving an adjustment of status 7a7 ,application for adjustment of status in the ,united ,states 7#a7 ,in general ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7 is amended by striking the section heading and subsection 7a7 and inserting the following3 #bde4 ,adjustment of status to that of a person admitted for permanent residence 7a7 ,in general 7#a7 ,eligibility for adjustment ,the status of an alien who was inspected and admitted or paroled into the ,united ,states or the status of any other alien having an approved petition for classification as a ,,vawa self-petitioner may be adjusted by the ,secretary or the ,attorney ,general1 in the discretion of the ,secretary or the ,attorney ,general1 and under such regulations as the ,secretary or the ,attorney ,general may prescribe1 to that of an alien lawfully admitted for permanent residence if-- 7,a7 the alien makes an application for such adjustment2 7,b7 the alien is eligible to receive an immigrant visa1 is admissible to the ,united ,states for permanent residence1 and is not subject to exclusion1 deportation1 or removal from the ,united ,states2 and 7,c7 an immigrant visa is immediately available to the alien at the time the alien's application is filed4 7#b7 ,immediately available ,for purposes of this section1 the term immediately available means that on the date of filing of the application for adjustment of status1 the visa category under which the alien is seeking permanent residence is current as determined by the ,secretary of ,state and reflected in the ,department of ,state's visa bulletin for the month in which the application for adjustment of status is filed4 7#c7 ,requirement to obtain an immigrant visa outside the united states ,notwithstanding any other provision in this section1 if the ,secretary determines that an alien may be a threat to national security or public safety or if the ,secretary determines that a favorable exercise of discretion to allow an alien to seek to adjust his or her status in the ,united ,states rather than to obtain an immigrant visa outside of the ,united ,states is not warranted1 the ,secretary1 in the ,secretary's sole and unreviewable discretion1 may-- 7,a7 prohibit the alien from seeking an adjustment of status under paragraph 7#a7 while the alien is present in the ,united ,states2 and 7,b7 require the alien to seek permanent residence by applying for an immigrant visa at a ,united ,states embassy or consulate in the alien's home country or other foreign country1 as designated by the ,secretary of ,state4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by striking the item relating to section #bde and inserting the following3 ,sec4 #bde4 ,adjustment of status to that of a person admitted for permanent residence4 4 7b7 ,prohibition on terrorists and aliens who pose a threat to national security or public safety on adjustment to lawful permanent resident status ,section #bde7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;c77 is amended to read as follows3 7c7 ,aliens not eligible for adjustment of status ,except for an alien having an approved petition for classification as a ,,vawa self-petitioner1 subsection 7a7 shall not apply to-- 7#a7 an alien crewman2 7#b7 subject to subsection 7k71 any alien 7other than an immediate relative defined in section #bja7;b7 or a special immigrant described in subparagraph 7,h71 7,i71 7,j71 or 7,k7 of section #aja7;a77#bg77 who-- 7,a7 continues in or accepts unauthorized employment before filing an application for adjustment of status2 7,b7 is in unlawful immigration status on the date he or she files an application for adjustment of status2 or 7,c7 has failed 7other than through no fault of his or her own or for technical reasons7 to maintain continuously a lawful status since entry into the ,united ,states2 7#c7 any alien admitted in transit without visa under section #bab7;d77#d77;,c72 7#d7 an alien 7other than an immediate relative as defined in section #bja7;b77 who was admitted as a nonimmigrant visitor without a visa under section #bab7l7 or section #bag2 7#e7 an alien who was admitted as a nonimmigrant under section #aja7;a77#ae77,s72 7#f7 an alien described in subparagraph 7,b71 7,f71 or 7,g7 of section #bcg7;a77#d72 7#g7 any alien who seeks adjustment of status to that of an immigrant under section #bjc7;b7 and is not in a lawful nonimmigrant status2 7#h7 any alien who has committed1 ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 or 7#i7 any alien who-- 7,a7 was employed while the alien was an unauthorized alien 7as defined in section #bgd;,a7h77#c772 or 7,b7 has otherwise violated the terms of a nonimmigrant visa4 4 #afjg4 ,treatment of applications for adjustment of status during pending denaturalization proceedings ,section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea71 as amended by section #afjf1 is further amended by adding at the end the following3 7n7 ,an application for adjustment of status may not be considered or approved by the ,secretary or the ,attorney ,general1 and no court may order the approval of an application for adjustment of status if the approved petition for classification under section #bjd that is the underlying basis for the application for adjustment of status was filed by an individual who has a judicial proceeding pending against him or her that would result in the revocation of the individual's naturalization under section #cdj4 4 #afjh4 ,extension of time limit to permit rescission of permanent resident status ,section #bdf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abef7;a77 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting 7#a7 after 7a72 7,b7 by striking within five years and inserting within #aj years2 7,c7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7,d7 by adding at the end the following3 7#b7 ,in any removal proceeding involving an alien whose status has been rescinded under this subsection1 the determination by the ,secretary that the alien was not eligible for adjustment of status is not subject to review or reconsideration during such proceedings4 4 7#b7 by redesignating subsection 7b7 as subsection 7c72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,nothing in subsection 7a7 may be construed to require the ,secretary to rescind the alien's status before the commencement of removal proceedings under section #bdj4 ,the ,secretary may commence removal proceedings at any time against any alien who is removable1 including aliens whose status was adjusted to that of an alien lawfully admitted for permanent residence under section #bde or #bdi or under any other provision of law4 ,there is no statute of limitations with respect to the commencement of removal proceedings under section #bdj4 ,an order of removal issued by an immigration judge shall be sufficient to rescind the alien's status4 4 #afji4 ,barring persecutors and terrorists from registry ,section #bdi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abei7 is amended to read as follows3 #bdi4 ,record of admission for permanent residence in the case of certain aliens who entered the ,united ,states prior to ,january #a1 #aigb 7a7 ,in general ,the ,secretary1 in the discretion of the ,secretary and under such regulations as the ,secretary may prescribe1 may enter a record of lawful admission for permanent residence in the case of any alien1 if no such record is otherwise available and the alien-- 7#a7 entered the ,united ,states before ,january #a1 #aigb2 7#b7 has continuously resided in the ,united ,states since such entry2 7#c7 has been a person of good moral character since such entry2 7#d7 is not ineligible for citizenship2 7#e7 is not described in paragraph 7#a77;,a77iv71 7#b71 7#c71 7#f77;,c71 7#f77;,e71 7#h71 or 7#i77;,c7 of section #bab7;a72 7#f7 is not described in paragraph 7#a77;,e71 7#a77;,g71 7#b71 7#d7 of section #bcg7;a72 and 7#g7 did not1 at any time1 without reasonable cause1 fail or refuse to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability4 7b7 ,recordation date of permanent residence ,the record of an alien's lawful admission for permanence residence shall be the date on which the ,secretary approves the application for such status under this section4 4 #b ,prohibition on naturalization and ,united ,states citizenship #afba4 ,barring terrorists from becoming naturalized ,united ,states citizens 7a7 ,in general ,section #caf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7 is amended by adding at the end the following3 7g7 7#a7 7,a7 ,except as provided in subparagraph 7,b71 no person may be naturalized if the ,secretary makes a determination1 in the discretion of the ,secretary1 that the alien is described in section #bab7;a77#c7 or #bcg7;a77#d7 at any time1 including any period before or after the filing of an application for naturalization4 7,b7 ,subparagraph 7,a7 shall not apply to an alien described in section #bab7;a77#c7 if-- 7i7 the alien received an exemption under section #bab7;d77#c77;,b77i72 and 7ii7 the only conduct or actions by the alien that are described in section #bab7;a77#c7 7and would bar the alien from naturalization under this paragraph7 are specifically covered by the exemption referred to in clause 7i74 7#b7 ,a determination under paragraph 7#a7 may be based upon any relevant information or evidence1 including classified1 sensitive1 or national security information4 4 7b7 ,applicability to citizenship through naturalization of parent or spouse ,section #cdj7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7;e77 is amended-- 7#a7 by striking the first sentence and inserting the following3 7#a7 ,a person who claims ,united ,states citizenship through the naturalization of a parent or spouse shall be deemed to have lost his or her citizenship1 and any right or privilege of citizenship which he or she may have acquired1 or may hereafter acquire by virtue of the naturalization of such parent or spouse1 if the order granting citizenship to such parent or spouse is revoked and set aside under the provisions of-- 7,a7 subsection 7a7 on the ground that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation2 or 7,b7 subsection 7e7 pursuant to a conviction under section #adbe of title #ah1 ,united ,states ,code4 4 7#b7 by striking ,any person and inserting the following3 7#b7 ,any person 4 #afbb4 ,terrorist bar to good moral character 7a7 ,definition of good moral character ,section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f771 as amended by sections #aeaj7;e7 and #aeab1 is further amended-- 7#a7 in paragraph 7#h71 by inserting 1 regardless of whether the crime was classified as an aggravated felony at the time of conviction before the semicolon at the end2 7#b7 by inserting after paragraph 7#aj71 as added by section #aeaj7;e77#c71 the following3 7#aa7 one who the ,secretary or the ,attorney ,general determines1 in the unreviewable discretion of the ,secretary or the ,attorney ,general1 to have been an alien described in section #bab7;a77#c7 or #bcg7;a77#d71 which determination-- 7,a7 may be based upon any relevant information or evidence1 including classified1 sensitive1 or national security information2 and 7,b7 shall be binding upon any court regardless of the applicable standard of review4 2 and 7#c7 in the undesignated matter at the end1 by striking the first sentence and inserting following3 ,the fact that a person is not within any of the foregoing classes shall not preclude a discretionary finding for other reasons that such a person is or was not of good moral character4 ,the ,secretary or the ,attorney ,general shall not be limited to the applicant's conduct during the period for which good moral character is required1 but may take into consideration as a basis for determination the applicant's conduct and acts at any time4 ,the ,secretary or the ,attorney ,general1 in the unreviewable discretion of the ,secretary or the ,attorney ,general1 may determine that paragraph 7#h7 shall not apply to a single aggravated felony conviction 7other than murder1 manslaughter1 homicide1 rape1 or any sex offense when the victim of such sex offense was a minor7 for which completion of the term of imprisonment or the sentence 7whichever is later7 occurred #ae years or longer before the date on which the person filed an application under this ,act4 4 7b7 ,aggravated felons ,section #eji7;b7 of the ,immigration ,act of #aiij 7,public ,law #aja-fdi2 #h ,u4,s4,c4 #aaja note7 is amended by striking convictions and all that follows and inserting convictions occurring before1 on1 or after such date44 7c7 ,effective dates2 application 7#a7 ,subsections 7a7 ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act1 shall apply to any act that occurred before1 on1 or after such date of enactment1 and shall apply to any application for naturalization or any other benefit or relief1 or any other case or matter under the immigration laws pending on or filed after such date of enactment4 7#b7 ,subsection 7b7 ,the amendment made by subsection 7b7 shall take effect as if included in the enactment of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh74 #afbc4 ,prohibition on judicial review of naturalization applications for aliens in removal proceedings ,section #cah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbi7 is amended to read as follows3 #cah4 ,prerequisite to naturalization2 burden of proof 7a7 ,in general ,except as otherwise provided in this chapter1 no person may be naturalized unless he or she has been lawfully admitted to the ,united ,states for permanent residence in accordance with all applicable provisions of this chapter4 7b7 ,burden of proof ,such person shall have the burden of proof to show that he or she entered the ,united ,states lawfully1 and the time1 place1 and manner of such entry into the ,united ,states1 but in presenting such proof the person shall be entitled to the production of his or her immigrant visa1 if any1 or of other entry document1 if any1 and of any other documents and records1 not considered by the ,secretary to be confidential1 pertaining to such entry1 in the custody of the ,department of ,homeland ,security4 7c7 ,limitations on review ,notwithstanding section #dje7;b71 and except as provided in sections #cbh and #cbi-- 7#a7 no person may be naturalized against whom there is outstanding a final finding of removal1 exclusion1 or deportation2 7#b7 no application for naturalization may be considered by the ,secretary or by any court if there is pending against the applicant any removal proceeding or other proceeding to determine whether the applicant's lawful permanent resident status should be rescinded1 regardless of when such proceeding was commenced2 and 7#c7 the findings of the ,attorney ,general in terminating removal proceedings or in cancelling the removal of an alien pursuant to this ,act may not be deemed binding in any way upon the ,secretary with respect to the question of whether such person has established his or her eligibility for naturalization under this ,act4 4 #afbd4 ,limitation on judicial review when agency has not made decision on naturalization application and on denials 7a7 ,limitation on review of pending naturalization applications ,section #ccf7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addg7;b77 is amended to read as follows3 7b7 ,request for hearing before district court ,if no final administrative determination is made on an application for naturalization under section #cce before the end of the #ahj-;day period beginning on the date on which the ,secretary completes all examinations and interviews under such section 7as such terms are defined by the ,secretary1 by regulation71 the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter4 ,such court shall only have jurisdiction to review the basis for delay and remand the matter to the ,secretary for the ,secretary's determination on the application4 4 7b7 ,limitations on review of denial ,section #caj7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adba7;c77 is amended to read as follows3 7c7 ,judicial review 7#a7 ,judicial review of denial ,a person whose application for naturalization under this title is denied may1 not later than #abj days after the date of the ,secretary's administratively final determination on the application and after a hearing before an immigration officer under section #ccf7;a71 seek review of such denial before the ,united ,states district court for the district in which such person resides in accordance with chapter #g of title #e1 ,united ,states ,code4 7#b7 ,burden of proof ,the petitioner shall have burden of proof to show that the ,secretary's denial of the application for naturalization was not supported by facially legitimate and bona fide reasons4 7#c7 ,limitations on review ,except in a proceeding under section #cdj1 and notwithstanding any other provision of law1 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to determine1 or to review a determination of the ,secretary made at any time regarding1 whether1 for purposes of an application for naturalization1 an alien-- 7,a7 is a person of good moral character2 7,b7 understands and is attached to the principles of the ,constitution of the ,united ,states2 or 7,c7 is well disposed to the good order and happiness of the ,united ,states4 4 7c7 ,effective date2 application ,the amendments made by this section-- 7#a7 shall take effect on the date of the enactment of this ,act2 7#b7 shall apply to any act that occurred before1 on1 or after such date of enactment2 and 7#c7 shall apply to any application for naturalization or any other case or matter under the immigration laws that is pending on1 or filed after1 such date of enactment4 #afbe4 ,clarification of denaturalization authority ,section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea7 is amended-- 7#a7 in subsection 7a71 by striking ,united ,states attorneys for the respective districts and inserting ,attorney ,general2 and 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,the ,government shall have the burden of proof to establish1 by clear1 unequivocal1 and convincing evidence1 that an order granting citizenship to an alien should be revoked and a certificate of naturalization cancelled because such order and certificate were illegally procured or were procured by concealment of a material fact or by willful misrepresentation4 4 #afbf4 ,denaturalization of terrorists 7a7 ,denaturalization for terrorists activities ,section #cdj of the ,immigration and ,nationality ,act1 as amended by section #afbe1 is further amended-- 7#a7 by redesignating subsections 7d7 through 7h7 as subsections 7f7 through 7j71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 7#a7 ,if a person who has been naturalized1 during the #ae-year period after such naturalization1 participates in any act described in paragraph 7#b7-- 7,a7 such act shall be considered prima facie evidence that such person was not attached to the principles of the ,constitution of the ,united ,states and was not well disposed to the good order and happiness of the ,united ,states at the time of naturalization2 and 7,b7 in the absence of countervailing evidence1 such act shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation2 and 7,c7 such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate1 respectively4 7#b7 ,the acts described in this paragraph that shall subject a person to a revocation and setting aside of his or her naturalization under paragraph 7#a77;,b7 are-- 7,a7 any activity a purpose of which is the opposition to1 or the control or overthrow of1 the ,government of the ,united ,states by force1 violence1 or other unlawful means2 7,b7 engaging in a terrorist activity 7as defined in clauses 7iii7 and 7iv7 of section #bab7;a77#c77;,b772 7,c7 incitement of terrorist activity under circumstances indicating an intention to cause death or serious bodily harm2 and 7,d7 receiving military-type training 7as defined in section #bcci;,d7c77#a7 of title #ah1 ,united ,states ,code7 from or on behalf of any organization that1 at the time the training was received1 was a terrorist organization 7as defined in section #bab7;a77#c77;,b77vi774 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to acts that occur on or after such date4 #afbg4 ,treatment of pending applications during denaturalization proceedings 7a7 ,in general ,section #bjd7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;b77 is amended-- 7#a7 by striking ,after and inserting 7#a7 ,except as provided in paragraph 7#b71 after2 and 7#b7 by adding at the end the following3 7#b7 ,the ,secretary may not adjudicate or approve any petition filed under this section by an individual who has a judicial proceeding pending against him or her that would result in the individual's denaturalization under section #cdj until-- 7,a7 such proceedings have concluded2 and 7,b7 the period for appeal has expired or any appeals have been finally decided1 if applicable4 4 7b7 ,withholding of immigration benefits ,section #cdj of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adea71 as amended by section #afbf1 is further amended by inserting after subsection 7d71 as added by section #afbf7;a77#b71 the following3 7e7 ,the ,secretary may not approve any application1 petition1 or request for any immigration benefit from an individual against whom there is a judicial proceeding pending that would result in the individual's denaturalization under this section until-- 7#a7 such proceedings have concluded2 and 7#b7 the period for appeal has expired or any appeals have been finally decided1 if applicable4 4 #afbh4 ,naturalization document retention 7a7 ,in general ,chapter #b of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adba et seq47 is amended by inserting after section #cdd the following3 #cde4 ,naturalization document retention 7a7 ,in general ,the ,secretary shall retain all documents described in subsection 7b7 for a minimum of #g years for law enforcement and national security investigations and for litigation purposes1 regardless of whether such documents are scanned into ,u4,s4 ,citizenship and ,immigration ,services' electronic immigration system or stored in any electronic format4 7b7 ,documents to be retained ,the documents described in this subsection are-- 7#a7 the original paper naturalization application and all supporting paper documents submitted with the application at the time of filing1 subsequent to filing1 and during the course of the naturalization interview2 and 7#b7 any paper documents submitted in connection with an application for naturalization that is filed electronically4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #cdd the following3 ,sec4 #cde4 ,naturalization document retention4 4 #c ,forfeiture of ,proceeds from ,passport and ,visa ,offenses1 and ,passport ,revocation4 #afca4 ,forfeiture of proceeds from passport and visa offenses ,section #iha7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7,j7 ,any property1 real or personal1 that has been used to commit or facilitate the commission of a violation of chapter #ge1 the gross proceeds of such violation1 and any property traceable to any such property or proceeds4 4 #afcb4 ,passport ,revocation ,act 7a7 ,short title ,this section may be cited as the ,passport ,revocation ,act4 7b7 ,revocation or denial of passports and passport cards to individuals who are affiliated with foreign terrorist organizations ,the ,act entitled ,an ,act to regulate the issue and validity of passports1 and for other purposes1 approved ,july #c1 #aibf 7#bb ,u4,s4,c4 #baa;a et seq471 which is commonly known as the ,passport ,act of #aibf1 is amended by adding at the end the following3 #e4 ,authority to deny or revoke passport and passport card 7a7 ,ineligibility 7#a7 ,issuance ,except as provided under subsection 7b71 the ,secretary of ,state shall refuse to issue a passport or passport card to any individual-- 7,a7 who has been convicted under chapter #aac;,b of title #ah1 ,united ,states ,code2 or 7,b7 7i7 whom the ,secretary has determined is a member of or is otherwise affiliated with an organization the ,secretary has designated as a foreign terrorist organization pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 or 7ii7 has aided1 abetted1 or provided material support to such an organization4 7#b7 ,revocation ,the ,secretary of ,state shall revoke a passport previously issued to any individual described in paragraph 7#a74 7b7 ,exceptions 7#a7 ,emergency circumstances1 humanitarian reasons1 and law enforcement purposes ,notwithstanding subsection 7a71 the ,secretary of ,state may issue1 or decline to revoke1 a passport of an individual described in such subsection in emergency circumstances1 for humanitarian reasons1 or for law enforcement purposes4 7#b7 ,limitation for return to ,united ,states ,notwithstanding subsection 7a77#b71 the ,secretary of ,state1 before revocation1 may-- 7,a7 limit a previously issued passport for use only for return travel to the ,united ,states2 or 7,b7 issue a limited passport that only permits return travel to the ,united ,states4 7c7 ,right of review ,any individual who1 in accordance with this section1 is denied issuance of a passport by the ,secretary of ,state1 or whose passport is revoked or otherwise limited by the ,secretary of ,state1 may request a hearing before the ,secretary of ,state not later than #fj days after receiving notice of such denial1 revocation1 or limitation4 7d7 ,report ,if the ,secretary of ,state denies1 issues1 limits1 or declines to revoke a passport or passport card under subsection 7b71 the ,secretary1 not later than #cj days after such denial1 issuance1 limitation1 or revocation1 shall submit a report to ,congress that describes such denial1 issuance1 limitation1 or revocation1 as the case may be4 4 ,,ii ,asylum ,reform and ,border ,protection ,act of #bjag #bjja4 ,short title ,this title may be cited as the ,asylum ,reform and ,border ,protection ,act of #bjag4 #bjjb4 ,clarification of intent regarding taxpayer-provided counsel ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended-- 7#a7 by striking 7at no expense to the ,government72 and 7#b7 by adding at the end the following3 ,notwithstanding any other provision of law1 the ,government may not bear any expense for counsel for any person in removal proceedings or in any appeal proceedings before the ,attorney ,general from any such removal proceedings44 #bjjc4 ,unaccompanied alien child defined 7a7 ,in general ,section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 is amended to read as follows3 7#b7 the term unaccompanied alien child-- 7,a7 means an alien who-- 7i7 has no lawful immigration status in the ,united ,states2 7ii7 has not attained #ah years of age2 and 7iii7 with respect to whom-- 7,i7 there is no parent or legal guardian in the ,united ,states2 7,,ii7 no parent or legal guardian in the ,united ,states is available to provide care and physical custody2 or 7,,iii7 no sibling older than #ah years of age and no aunt1 uncle1 grandparent1 or cousin older than #ah years of age is available to provide care and physical custody2 and 7,b7 does not include an alien if1 at any time1 the alien's parent1 legal guardian1 sibling older than #ah years of age1 or aunt1 uncle1 grandparent1 or cousin older than #ah years of age is found in the ,united ,states and is available to provide care and physical custody4 4 7b7 ,revocation of designation ,the ,secretary of ,homeland ,security and the ,secretary of ,health and ,human ,services shall revoke any designation of an alien as an unaccompanied alien child under section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb1 as amended by subsection 7a71 upon the discovery of a relative of such alien described in subparagraph 7,b7 of such section4 #bjjd4 ,modifications to preferential availability for asylum for unaccompanied alien minors ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a77#b71 by striking subparagraph 7,e72 and 7#b7 in subsection 7b77#c71 by striking subparagraph 7,c74 #bjje4 ,information sharing between the ,department of ,health and ,human ,services and the ,department of ,homeland ,security ,section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b77 is amended by adding at the end the following3 7#e7 ,information sharing ,the ,secretary of ,health and ,human ,services shall share with the ,secretary of ,homeland ,security any information requested on a child who has been determined to be an unaccompanied alien child and who is or has been in the custody of the ,secretary of ,health and ,human ,services1 including the location of the child and any person to whom custody of the child has been transferred1 for any legitimate law enforcement objective1 including enforcement of the immigration laws4 4 #bjjf4 ,reports 7a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state and the ,secretary of ,health and ,human ,services1 with assistance from the ,secretary of ,homeland ,security1 shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that describes efforts to improve repatriation programs for unaccompanied alien children 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b771 including-- 7#a7 the average time such a child is detained after apprehension until removal2 7#b7 the number of such children detained improperly beyond the required periods described in paragraphs 7#b7 and 7#c7 of section #bce7;b7 of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb7;b772 and 7#c7 a statement of the funds used to effectuate the repatriation of such children1 including any funds that were reallocated from foreign assistance accounts as of the date of the enactment of this ,act4 7b7 ,effective date ,this section shall take effect on the date of the enactment of this ,act and shall apply with respect to any unaccompanied alien child 7as defined in section #dfb7;g77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g77#b77 apprehended on or after such date4 #bjjg4 ,termination of asylum status pursuant to return to home country 7a7 ,termination of status ,except as provided in subsections 7b7 and 7c71 any alien who is granted asylum or refugee status under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 shall have his or her asylum status terminated if the alien-- 7#a7 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 opinion2 and 7#b7 without a compelling reason1 as determined by the ,secretary of ,homeland ,security-- 7,a7 subsequently returns to the country of such alien's nationality2 or 7,b7 in the case of an alien having no nationality1 subsequently returns to any country in which such alien last habitually resided4 7b7 ,waiver ,the ,secretary may waive the application of subsection 7a7 if the ,secretary determines that the alien had a compelling reason for a return described in subsection 7a74 ,the waiver may be sought before the alien's departure from the ,united ,states or upon the alien's return to the ,united ,states4 7c7 ,exception for certain aliens from ,cuba ,subsection 7a7 shall not apply to an alien who is eligible for adjustment to the status of an alien lawfully admitted for permanent residence pursuant to the ,cuban ,adjustment ,act of #aiff 7,public ,law #hi-gcb74 #bjjh4 ,asylum cases for home schoolers 7a7 ,in general ,section #aja7;a77#db7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db77 is amended by adding at the end the following3 ,for purposes of determinations under this ,act1 a person who has been persecuted for failure or refusal to comply with any law or regulation that prevents the exercise of the individual right of that person to direct the upbringing and education of a child of that person 7including any law or regulation preventing homeschooling71 or for other resistance to such a law or regulation1 shall be deemed to have been persecuted on account of membership in a particular social group1 and a person who has a well founded fear that he or she will be subject to persecution for such failure1 refusal1 or resistance shall be deemed to have a well founded fear of persecution on account of membership in a particular social group44 7b7 ,numerical limitation ,section #bjg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7;a77 is amended by adding at the end the following3 7#e7 ,for any fiscal year1 not more than #ejj aliens may be admitted under this section1 or granted asylum under section #bjh1 pursuant to a determination under section #aja7;a77#db7 that the alien is described in the last sentence of section #aja7;a77#db71 as added by section #bjjh of the ,asylum ,reform and ,border ,protection ,act of #bjag4 4 7c7 ,effective dates 7#a7 ,in general ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to failure or refusal to comply with a law or regulation1 or other resistance to a law or regulation1 occurring before1 on1 or after such date4 7#b7 ,numerical limitation ,the amendment made by subsection 7b7 shall take effect beginning on the first day of the first fiscal year beginning after the date of the enactment of this ,act4 #bjji4 ,notice concerning frivolous asylum applications3 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 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 consequences 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 paragraph 7#d77;,a7 and inserting paragraph 7#d77;,c74 #bjaj4 ,termination of asylum status ,section #bjh7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;c77 is amended by adding at the end the following3 7#d7 ,if an alien's asylum status is subject to termination under paragraph 7#b71 the immigration judge shall-- 7,a7 determine whether the conditions specified under paragraph 7#b7 have been met2 and 7,b7 if such conditions have been met1 terminate the alien's asylum status before considering whether the alien is eligible for adjustment of status under section #bji4 4 #bjaa4 ,time limits for applying for asylum ,section #bjh7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7;a77#b77 is amended-- 7#a7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,time limit ,subject to subparagraph 7,d71 paragraph 7#a7 shall not apply to an alien unless the alien demonstrates1 by clear and convincing evidence1 that the alien filed an application for asylum not later than #f months after the date of the alien's arrival in the ,united ,states4 2 7#b7 by amending subparagraph 7,d7 to read as follows3 7,d7 ,exception 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may permit an alien to apply for asylum outside of the time limit prescribed under subparagraph 7,b7 if the ,secretary determines that there has been such an extraordinary and material change in circumstances that the alien's life or freedom would be threatened1 because of the alien's race1 religion1 nationality1 or membership in a particular social group1 or political opinion1 if the alien were returned to his or her country of origin1 nationality1 or citizenship4 7ii7 ,judicial review ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 or any other habeas corpus provisions1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to review a decision by the ,secretary under clause 7i74 2 and 7#c7 by striking subparagraph 7,e74 #bjab4 ,limits on continuances in removal proceedings ,section #bdj7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77 is amended by adding at the end the following3 7#h7 ,motion for continuance 7,a7 ,in general ,an immigration judge may grant a motion for continuance in a case if the immigration judge determines that there are emergent or extraordinary circumstances justifying such a continuance4 7,b7 ,limitations ,not more than #b continuances may be granted in a specific alien's case4 ,each continuance shall be limited to a period of not longer than #ahj days4 4 ,,iii ,e-,verify #cjja4 ,permanent reauthorization ,section #dja7;b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 is amended by striking ,unless the ,congress otherwise provides1 the ,secretary of ,homeland ,security shall terminate a pilot program on ,september #cj1 #bjae44 #cjjb4 ,preemption2 liability ,section #djb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended by adding at the end the following3 7g7 ,limitation on ,state authority 7#a7 ,preemption ,a ,state or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through ,e-,verify4 7#b7 ,liability ,a person or other entity that participates in ,e-,verify may not be held liable under any ,federal1 ,state1 or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through ,e-,verify4 4 #cjjc4 ,information sharing ,the ,commissioner of ,social ,security1 the ,secretary of ,homeland ,security1 and the ,secretary of the ,treasury shall jointly establish a program to share information among their respective agencies that could lead to the identification of unauthorized aliens 7as defined in section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#c771 including no-match letters and any information in the earnings suspense file4 #cjjd4 ,small ,business ,demonstration ,program ,section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,small ,business ,demonstration ,program ,not later than #i months after the date of the enactment of the ,,secure ,act of #bjag1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals4 4 #cjje4 ,fraud prevention 7a7 ,blocking misused ,social ,security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program in which ,social ,security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse1 shall be blocked from use for such system purposes unless the individual using such number is able to establish1 through secure and fair additional security procedures1 that the individual is the legitimate holder of the number4 7b7 ,allowing suspension of use of certain ,social ,security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program that provides a reliable1 secure method by which victims of identity fraud and other individuals may suspend or limit the use of their ,social ,security account number or other identifying information for purposes of the employment eligibility verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d774 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 7c7 ,allowing parents to prevent theft of their child's identity ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program that provides a reliable1 secure method by which parents or legal guardians may suspend or limit the use of the ,social ,security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d774 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 #cjjf4 ,identity authentication employment eligibility verification pilot programs 7a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 after consultation with the ,commissioner of ,social ,security and the ,director of the ,national ,institute of ,standards and ,technology1 shall establish1 by regulation1 not fewer than #b ,identity ,authentication ,employment ,eligibility ,verification pilot programs 7referred to in this section as the ,authentication ,pilots71 each of which shall use a separate and distinct technology4 7b7 ,purpose ,the purpose of the ,authentication ,pilots shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees to any employer that elects to participate in an ,authentication ,pilot4 7c7 ,cancellation ,any participating employer may cancel the employer's participation in an ,authentication ,pilot after #a year after electing to participate without prejudice to future participation4 7d7 ,report ,not later than #ab months after commencement of the ,authentication ,pilots1 the ,secretary shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that includes the ,secretary's findings on the ,authentication ,pilots and the authentication technologies chosen4 ,,iv ,bridge ,act #djja4 ,short title ,this title may be cited as the ,bar ,removal of ,individuals who ,dream and ,grow our ,economy ,act or the ,,bridge ,act4 #djjb4 ,provisional protected presence for young individuals 7a7 ,in general ,chapter #d of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abba et seq47 is amended by adding at the end the following3 #bdd;,a4 ,provisional protected presence 7a7 ,definitions ,in this section3 7#a7 ,,daca recipient ,the term ,,daca recipient means an alien who is in deferred action status on the date of the enactment of this section pursuant to the ,deferred ,action for ,childhood ,arrivals 7,,daca7 ,program announced on ,june #ae1 #bjab4 7#b7 ,felony ,the term felony means a ,federal1 ,state1 or local criminal offense 7excluding a ,state or local offense for which an essential element was the alien's immigration status7 punishable by imprisonment for a term exceeding #a year4 7#c7 ,misdemeanor ,the term misdemeanor means a ,federal1 ,state1 or local criminal offense 7excluding a ,state or local offense for which an essential element was the alien's immigration status1 a significant misdemeanor1 and a minor traffic offense7 for which-- 7,a7 the maximum term of imprisonment is greater than #e days and not greater than #a year2 and 7,b7 the individual was sentenced to time in custody of #ij days or less4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,significant misdemeanor ,the term significant misdemeanor means a ,federal1 ,state1 or local criminal offense 7excluding a ,state or local offense for which an essential element was the alien's immigration status71 for which the maximum term of imprisonment is greater than #e days and not greater than #a year1 that-- 7,a7 regardless of the sentence imposed1 is a crime of domestic violence 7as defined in section #bcg7;a77#b77;,e77i77 or an offense of sexual abuse or exploitation1 burglary1 unlawful possession or use of a firearm1 drug distribution or trafficking1 or driving under the influence if the ,state law requires1 as an element of the offense1 the operation of a motor vehicle and a finding of impairment or a blood alcohol content of 4#jh or higher2 or 7,b7 resulted in a sentence of time in custody of more than #ij days1 excluding an offense for which the sentence was suspended4 7#f7 ,threat to national security ,an alien is a threat to national security if the alien is-- 7,a7 inadmissible under section #bab7;a77#c72 or 7,b7 deportable under section #bcg7;a77#d74 7#g7 ,threat to public safety ,an alien is a threat to public safety if the alien-- 7,a7 has been convicted of an offense for which an element was participation in a criminal street gang 7as defined in section #eba7;a7 of title #ah1 ,united ,states ,code72 or 7,b7 has engaged in a continuing criminal enterprise 7as defined in section #djh7;c7 of the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj 7#ba ,u4,s4,c4 #hdh7;c7774 7b7 ,authorization ,the ,secretary-- 7#a7 shall grant provisional protected presence to any alien who files an application demonstrating that he or she meets the eligibility criteria under subsection 7c7 and pays the appropriate application fee2 7#b7 may not remove an alien described in paragraph 7#a7 from the ,united ,states during the period in which such provisional protected presence is in effect unless such status is rescinded pursuant to subsection 7g72 and 7#c7 shall provide an alien granted provisional protected presence with employment authorization4 7c7 ,eligibility criteria ,an alien is eligible for provisional protected presence under subsection 7b77#a7 and employment authorization under subsection 7b77#c7 if the alien-- 7#a7 was born after ,june #ae1 #aiha2 7#b7 entered the ,united ,states before reaching #af years of age2 7#c7 continuously resided in the ,united ,states between ,june #ae1 #bjjg1 and the date on which the alien files an application under this section2 7#d7 was physically present in the ,united ,states on ,june #ae1 #bjab1 and on the date on which the alien files an application under this section2 7#e7 was unlawfully present in the ,united ,states on ,june #ae1 #bjab2 7#f7 on the date on which the alien files an application for provisional protected presence-- 7,a7 is enrolled in school or in an education program assisting students in obtaining a regular high school diploma or its recognized equivalent under ,state law1 or in passing a general educational development exam or other ,state-authorized exam2 7,b7 has graduated or obtained a certificate of completion from high school2 7,c7 has obtained a general educational development certificate2 or 7,d7 is an honorably discharged veteran of the ,coast ,guard or ,armed ,forces of the ,united ,states2 7#g7 has not been convicted of-- 7,a7 a felony2 7,b7 a significant misdemeanor2 or 7,c7 #c or more misdemeanors not occurring on the same date and not arising out of the same act1 omission1 or scheme of misconduct2 and 7#h7 does not otherwise pose a threat to national security or a threat to public safety4 7d7 ,duration of provisional protected presence and employment authorization ,provisional protected presence and the employment authorization provided under this section shall be effective until the date that is #c years after the date of the enactment of this section4 7e7 ,status during period of provisional protected presence 7#a7 ,in general ,an alien granted provisional protected presence is not considered to be unlawfully present in the ,united ,states during the period beginning on the date such status is granted and ending on the date described in subsection 7d74 7#b7 ,status outside period ,the granting of provisional protected presence under this section does not excuse previous or subsequent periods of unlawful presence4 7f7 ,application 7#a7 ,age requirement 7,a7 ,in general ,an alien who has never been in removal proceedings1 or whose proceedings have been terminated before making a request for provisional protected presence1 shall be at least #ae years of age on the date on which the alien submits an application under this section4 7,b7 ,exception ,the age requirement set forth in subparagraph 7,a7 shall not apply to an alien who1 on the date on which the alien applies for provisional protected presence1 is in removal proceedings1 has a final removal order1 or has a voluntary departure order4 7#b7 ,application fee 7,a7 ,in general ,the ,secretary may require aliens applying for provisional protected presence and employment authorization under this section to pay a reasonable fee that is commensurate with the cost of processing the application4 7,b7 ,exemption ,an applicant may be exempted from paying the fee required under subparagraph 7,a7 if the alien-- 7i7 7,i7 is younger than #ah years of age2 7,,ii7 received total income during the #ab-month period immediately preceding the date on which the alien files an application under this section that is less than #aej percent of the ,united ,states poverty level2 and 7,,iii7 is in foster care or otherwise lacking any parental or other familial support2 7ii7 is younger than #ah years of age and is homeless2 7iii7 7,i7 cannot care for himself or herself because of a serious1 chronic disability2 and 7,,ii7 received total income during the #ab-month period immediately preceding the date on which the alien files an application under this section that is less than #aej percent of the ,united ,states poverty level2 or 7iv7 7,i7 as of the date on which the alien files an application under this section1 has accumulated #aj1jjj or more in debt in the past #ab months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien2 and 7,,ii7 received total income during the #ab-month period immediately preceding the date on which the alien files an application under this section that is less than #aej percent of the ,united ,states poverty level4 7#c7 ,removal stayed while application pending ,the ,secretary may not remove an alien from the ,united ,states who appears prima facie eligible for provisional protected presence while the alien's application for provisional protected presence is pending4 7#d7 ,aliens not in immigration detention ,an alien who is not in immigration detention1 but who is in removal proceedings1 is the subject of a final removal order1 or is the subject of a voluntary departure order1 may apply for provisional protected presence under this section if the alien appears prima facie eligible for provisional protected presence4 7#e7 ,aliens in immigration detention ,the ,secretary shall provide any alien in immigration detention1 including any alien who is in removal proceedings1 is the subject of a final removal order1 or is the subject of a voluntary departure order1 who appears prima facie eligible for provisional protected presence1 upon request1 with a reasonable opportunity to apply for provisional protected presence under this section4 7#f7 ,confidentiality 7,a7 ,in general ,the ,secretary shall protect information provided in applications for provisional protected presence under this section and in requests for consideration of ,,daca from disclosure to ,u4,s4 ,immigration and ,customs ,enforcement and ,u4,s4 ,customs and ,border ,protection for the purpose of immigration enforcement proceedings4 7,b7 ,referrals prohibited ,the ,secretary may not refer individuals whose cases have been deferred pursuant to ,,daca or who have been granted provisional protected presence under this section to ,u4,s4 ,immigration and ,customs ,enforcement4 7,c7 ,limited exception ,the information submitted in applications for provisional protected presence under this section and in requests for consideration of ,,daca may be shared with national security and law enforcement agencies-- 7i7 for assistance in the consideration of the application for provisional protected presence2 7ii7 to identify or prevent fraudulent claims2 7iii7 for national security purposes2 and 7iv7 for the investigation or prosecution of any felony not related to immigration status4 7#g7 ,acceptance of applications ,not later than #fj days after the date of the enactment of this section1 the ,secretary shall begin accepting applications for provisional protected presence and employment authorization4 7g7 ,rescission of provisional protected presence ,the ,secretary may not rescind an alien's provisional protected presence or employment authorization granted under this section unless the ,secretary determines that the alien-- 7#a7 has been convicted of-- 7,a7 a felony2 7,b7 a significant misdemeanor2 or 7,c7 #c or more misdemeanors not occurring on the same date and not arising out of the same act1 omission1 or scheme of misconduct2 7#b7 poses a threat to national security or a threat to public safety2 7#c7 has traveled outside of the ,united ,states without authorization from the ,secretary2 or 7#d7 has ceased to continuously reside in the ,united ,states4 7h7 ,treatment of brief1 casual1 and innocent departures and certain other absences ,for purposes of subsections 7c77#c7 and 7g77#d71 an alien shall not be considered to have failed to continuously reside in the ,united ,states due to-- 7#a7 brief1 casual1 and innocent absences from the ,united ,states during the period beginning on ,june #ae1 #bjjg1 and ending on ,august #ad1 #bjab2 or 7#b7 travel outside of the ,united ,states on or after ,august #ae1 #bjab1 if such travel was authorized by the ,secretary4 7i7 ,treatment of expunged convictions ,for purposes of subsections 7c77#g7 and 7g77#a71 an expunged conviction shall not automatically be treated as a disqualifying felony1 significant misdemeanor1 or misdemeanor1 but shall be evaluated on a case-by-case basis according to the nature and severity of the offense to determine whether1 under the particular circumstances1 the alien should be eligible for provisional protected presence under this section4 7j7 ,effect of deferred action under ,deferred ,action for ,childhood ,arrivals ,program 7#a7 ,provisional protected presence ,a ,,daca recipient is deemed to have provisional protected presence under this section through the expiration date of the alien's deferred action status1 as specified by the ,secretary in conjunction with the approval of the alien's ,,daca application4 7#b7 ,employment authorization ,if a ,,daca recipient has been granted employment authorization by the ,secretary in addition to deferred action1 the employment authorization shall continue through the expiration date of the alien's deferred action status1 as specified by the ,secretary in conjunction with the approval of the alien's ,,daca application4 7#c7 ,effect of application ,if a ,,daca recipient files an application for provisional protected presence under this section not later than the expiration date of the alien's deferred action status1 as specified by the ,secretary in conjunction with the approval of the alien's ,,daca application1 the alien's provisional protected presence1 and any employment authorization1 shall remain in effect pending the adjudication of such application4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bdd the following3 ,sec4 #bdd;,a4 ,provisional protected presence4 4 ,v ,reforming ,american ,immigration for a ,strong ,economy ,act #ejja4 ,short title ,this title may be cited as the ,reforming ,american ,immigration for a ,strong ,economy ,act or the ,,raise ,act4 #ejjb4 ,family-,sponsored immigration priorities 7a7 ,redefinition of immediate relative ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #aja7;b77#a71 in the matter preceding subparagraph 7,a71 by striking under twenty-one years of age who and inserting who is younger than #ah years of age and2 and 7#b7 in section #bja 7#h ,u4,s4,c4 #aaea7-- 7,a7 in subsection 7b77#b77;,a7-- 7i7 in clause 7i71 by striking children1 spouses1 and parents of a citizen of the ,united ,states1 except that1 in the case of parents1 such citizens shall be at least #ba years of age4 and inserting children and spouse of a citizen of the ,united ,states42 and 7ii7 in clause 7ii71 by striking such an immediate relative and inserting the immediate relative spouse of a ,united ,states citizen2 7,b7 by amending subsection 7c7 to read as follows3 7c7 ,worldwide level of family-,sponsored immigrants 7#a7 ,the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to #ci percent of #bbf1jjj minus the number computed under paragraph 7#b74 7#b7 ,the number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the ,united ,states under section #bab7;d77#e7 in the second preceding fiscal year who-- 7,a7 did not depart from the ,united ,states 7without advance parole7 within #a year2 and 7,b7 7i7 did not acquire the status of an alien lawfully admitted to the ,united ,states for permanent residence during the #b preceding fiscal years2 or 7ii7 acquired such status during such period under a provision of law 7other than subsection 7b77 that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section4 2 and 7,c7 in subsection 7f7-- 7i7 in paragraph 7#b71 by striking section #bjc7;a77#b77;,a7 and inserting section #bjc7;a72 7ii7 by striking paragraph 7#c72 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7iv7 in paragraph 7#c71 as redesignated1 by striking 7#a7 through 7#c7 and inserting 7#a7 and 7#b74 7b7 ,family-,based visa preferences ,section #bjc7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaec7;a77 is amended to read as follows3 7a7 ,spouses and minor children of permanent resident aliens ,family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence4 4 7c7 ,conforming amendments 7#a7 ,definition of ,v nonimmigrant ,section #aja7;a77#ae77,v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,v77 is amended by striking section #bjc7;a77#b77;,a7 each place such term appears and inserting section #bjc7;a74 7#b7 ,numerical limitation to any single foreign state ,section #bjb of such ,act 7#h ,u4,s4,c4 #aaeb7 is amended-- 7,a7 in subsection 7a77#d7-- 7i7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 #ge percent of family-sponsored immigrants not subject to per country limitation ,of the visa numbers made available under section #bjc7;a7 in any fiscal year1 #ge percent shall be issued without regard to the numerical limitation under paragraph 7#b74 7,b7 ,treatment of remaining #be percent for countries subject to subsection 7e7 7i7 ,in general ,of the visa numbers made available under section #bjc7;a7 in any fiscal year1 #be percent shall be available1 in the case of a foreign state or dependent area that is subject to subsection 7e7 only to the extent that the total number of visas issued in accordance with subparagraph 7,a7 to natives of the foreign state or dependent area is less than the subsection 7e7 ceiling4 7ii7 ,subsection 7e7 ceiling defined ,in clause 7i71 the term subsection 7e7 ceiling means1 for a foreign state or dependent area1 #gg percent of the maximum number of visas that may be made available under section #bjc7;a7 to immigrants who are natives of the state or area1 consistent with subsection 7e74 2 and 7ii7 by striking subparagraphs 7,c7 and 7,d72 and 7,b7 in subsection 7e7-- 7i7 in paragraph 7#a71 by adding and at the end2 7ii7 by striking paragraph 7#b72 7iii7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7iv7 in the undesignated matter after paragraph 7#b71 as redesignated1 by striking 1 respectively1 and all that follows and inserting a period4 7#c7 ,rules for determining whether certain aliens are children ,section #bjc7;h7 of such ,act 7#h ,u4,s4,c4 #aaec7;h77 is amended by striking 7a77#b77;,a7 each place such term appears and inserting 7a77#b74 7#d7 ,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 to classification by reason of a relationship described in paragraph 7#a71 7#c71 or 7#d7 of section #bjc7;a7 or2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by redesignating the second subclause 7,i7 as subclause 7,,ii72 and 7,,ii7 by striking #bjc7;a77#b77;,a7 each place such term appears and inserting #bjc7;a72 and 7iii7 in subparagraph 7,d77i77,i71 by striking a petitioner and all that follows through 7a77#a77;,b77iii74 and inserting an individual younger than #ba years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section #bja7;b77#b77;,a77i7 or a family-sponsored immigrant under section #bjc7;a71 as appropriate1 notwithstanding the actual age of the individual42 7,b7 in subsection 7f77#a71 by striking 1 #bjc7;a77#a71 or #bjc7;a77#c71 as appropriate2 and 7,c7 by striking subsection 7k74 7#e7 ,waivers of inadmissibility ,section #bab of such ,act 7#h ,u4,s4,c4 #aahb7 is amended-- 7,a7 in subsection 7a77#f77;,e77ii71 by striking section #bjc7;a77#b7 and inserting section #bjc7;a72 and 7,b7 in subsection 7d77#aa71 by striking 7other than paragraph 7#d7 thereof74 7#f7 ,employment of ,v nonimmigrants ,section #bad7q77#a77;,b77i7 of such ,act 7#h ,u4,s4,c4 #aahd7q77#a77;,b77i77 is amended by striking section #bjc7;a77#b77;,a7 each place such term appears and inserting section #bjc7;a74 7#g7 ,definition of alien spouse ,section #baf7;h77#a77;,c7 of such ,act 7#h ,u4,s4,c4 #aahf;a7h77#a77;,c77 is amended by striking section #bjc7;a77#b7 and inserting section #bjc7;a74 7#h7 ,classes of deportable aliens ,section #bcg7;a77#a77;,e77ii7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#a77;,e77ii77 is amended by striking section #bjc7;a77#b7 and inserting section #bjc7;a74 7d7 ,creation of nonimmigrant classification for alien parents of adult ,united ,states citizens 7#a7 ,in general ,section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7,a7 in subparagraph 7,t77ii77,,iii71 by striking the period at the end and inserting a semicolon2 7,b7 in subparagraph 7,u77iii71 by striking or at the end2 7,c7 in subparagraph 7,v77ii77,,ii71 by striking the period at the end and inserting 2 or2 and 7,d7 by adding at the end the following3 7,w7 ,subject to section #bad7s71 an alien who is a parent of a citizen of the ,united ,states1 if the citizen is at least #ba years of age4 4 7#b7 ,conditions on admission ,section #bad of such ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 7#a7 ,the initial period of authorized admission for a nonimmigrant described in section #aja7;a77#ae77,w7 shall be #e years1 but may be extended by the ,secretary of ,homeland ,security for additional #e-year periods if the ,united ,states citizen son or daughter of the nonimmigrant is still residing in the ,united ,states4 7#b7 ,a nonimmigrant described in section #aja7;a77#ae77,w7-- 7,a7 is not authorized to be employed in the ,united ,states2 and 7,b7 is not eligible for any ,federal1 ,state1 or local public benefit4 7#c7 ,regardless of the resources of a nonimmigrant described in section #aja7;a77#ae77,w71 the ,united ,states citizen son or daughter who sponsored the nonimmigrant parent shall be responsible for the nonimmigrant's support while the nonimmigrant resides in the ,united ,states4 7#d7 ,an alien is ineligible to receive a visa or to be admitted into the ,united ,states as a nonimmigrant described in section #aja7;a77#ae77,w7 unless the alien provides satisfactory proof that the ,united ,states citizen son or daughter has arranged for health insurance coverage for the alien1 at no cost to the alien1 during the anticipated period of the alien's residence in the ,united ,states4 4 7e7 ,effective date2 applicability 7#a7 ,effective date ,the amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this ,act4 7#b7 ,valid offer of admission ,notwithstanding the termination by this ,act of the family-sponsored and employment-based immigrant visa categories1 any alien who was granted admission to the ,united ,states under subsection 7a7 or 7b7 of section #bjc of the ,immigration and ,nationality ,act1 as in effect on the day before the date of the enactment of this ,act1 and is scheduled to receive an immigrant visa in the applicable preference category not later than #a year after the date of the enactment of this ,act1 shall be entitled to such visa if the alien enters the ,united ,states not later than #a year after such date of enactment4 ,,vi ,other matters #fjja4 ,other ,immigration and ,nationality ,act amendments 7a7 ,notice of address change ,section #bfe7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acje7;a77 is amended to read as follows3 7a7 ,each alien required to be registered under this ,act who is physically present in the ,united ,states shall notify the ,secretary of ,homeland ,security of each change of address and new address not later than #aj days after the date of such change and shall furnish such notice in the manner prescribed by the ,secretary4 4 7b7 ,photographs for naturalization certificates ,section #ccc of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #addd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 through 7,g72 7,b7 by inserting 7#a7 after 7b72 and 7,c7 by striking the undesignated matter at the end and inserting the following3 7#b7 ,of the photographs furnished pursuant to paragraph 7#a7-- 7,a7 #a shall be affixed to each certificate issued by the ,attorney ,general2 and 7,b7 #a shall be affixed to the copy of such certificate retained by the ,department4 2 and 7#b7 by adding at the end the following3 7c7 ,the ,secretary may modify the technical requirements under this section in the ,secretary's discretion and as the ,secretary may consider necessary to provide for photographs to be furnished and used in a manner that is efficient1 secure1 and consistent with the latest developments in technology4 4 #fjjb4 ,exemption from the ,administrative ,procedure ,act ,except for regulations promulgated pursuant to this ,act1 section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act 7#e ,u4,s4,c4 #ebb771 and section #eeb;a of such title 7commonly known as the ,privacy ,act 7#e ,u4,s4,c4 #eeb;a771 chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedures ,act71 and any other law relating to rulemaking1 information collection1 or publication in the ,federal ,register1 shall not apply to any action to implement this ,act or the amendments made by this ,act1 to the extent the ,secretary1 the ,secretary of ,state1 or the ,attorney ,general determines that compliance with any such law would impede the expeditious implementation of this ,act or the amendments made by this ,act4 #fjjc4 ,exemption from the ,paperwork ,reduction ,act ,chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to any action to implement this ,act or the amendments made by this ,act to the extent the ,secretary of ,homeland ,security1 the ,secretary of ,state1 or the ,attorney ,general determines that compliance with such law would impede the expeditious implementation of this ,act or the amendments made by this ,act4 #fjjd4 ,ability to fill and retain ,department of ,homeland ,security positions in ,united ,states territories 7a7 ,in general ,section #ecj;,c of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a7-- 7,a7 by inserting or the ,department of ,homeland ,security after ,department of ,justice2 and 7,b7 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting or to the ,secretary of ,homeland ,security after ,attorney ,general2 and 7ii7 in subparagraph 7,k7-- 7,i7 in clause 7i7-- 7aa7 by inserting or within ,united ,states territories or commonwealths after outside ,united ,states2 and 7bb7 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general2 7,,ii7 in clause 7ii71 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking for the ,drug ,enforcement ,administration1 and for the ,immigration and ,naturalization ,service and inserting and for the ,drug ,enforcement ,administration2 and 7ii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking the ,immigration and ,naturalization ,service and inserting the ,department of ,homeland ,security2 7,c7 in paragraph 7#e71 by striking ,immigration and naturalization service4--,funds available to the ,attorney ,general and replacing with ,department of ,homeland ,security4--,funds available to the ,secretary of ,homeland ,security2 and 7,d7 in paragraph 7#g7-- 7i7 by inserting or the ,secretary of ,homeland ,security after ,attorney ,general2 and 7ii7 by striking the ,immigration and ,naturalization ,service and inserting ,u4,s4 ,immigration and ,customs ,enforcement2 and 7#c7 in subsection 7d71 by inserting or the ,department of ,homeland ,security after ,department of ,justice4 #fjje4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4 #fjjf4 ,funding 7a7 ,implementation ,the ,director of the ,office of ,management and ,budget shall determine and identify-- 7#a7 the appropriation accounts which have unobligated funds that could be rescinded and used to fund the provisions of this ,act2 and 7#b7 the amount of the rescission that shall be applied to each such account4 7b7 ,report ,not later than #fj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall submit a report to ,congress and to the ,secretary of the ,treasury that describes the accounts and amounts determined and identified for rescission pursuant to subsection 7a74 7c7 ,exceptions ,this section shall not apply to unobligated funds of-- 7#a7 the ,department of ,homeland ,security2 7#b7 the ,department of ,defense2 or 7#c7 the ,department of ,veterans ,affairs4 ,,vii ,technical amendments #gjja4 ,references to the ,immigration and ,nationality ,act ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #gjjb4 ,technical amendments to title ,i of the ,immigration and ,nationality ,act 7a7 ,section #aja 7#a7 ,department ,section #aja7;a77#h7 7#h ,u4,s4,c4 #aaja7;a77#h77 is amended to read as follows3 7#h7 ,the term ,department means the ,department of ,homeland ,security4 4 7#b7 ,immigrant ,section #aja7;a77#ae7 7#h ,u4,s4,c4 #aaja7;a77#ae77 is amended-- 7,a7 in subparagraph 7,f77i7-- 7i7 by striking the term ,attorney ,general each place that term appears and inserting ,secretary2 and 7ii7 by striking #bad7l7 and inserting #bad7m72 7,b7 in subparagraph 7,h77i7-- 7i7 in subclause 7b71 by striking certifies to the ,attorney ,general that the intending employer has filed with the ,secretary and inserting certifies to the ,secretary of ,homeland ,security that the intending employer has filed with the ,secretary of ,labor2 and 7ii7 in subclause 7c71 by striking certifies to the ,attorney ,general and inserting certifies to the ,secretary of ,homeland ,security2 and 7,c7 in subparagraph 7,m77i71 by striking the term ,attorney ,general each place that term appears and inserting ,secretary4 7#c7 ,immigration officer ,section #aja7;a77#ah7 7#h ,u4,s4,c4 #aaja7;a77#ah77 is amended by striking ,service or of the ,united ,states designated by the ,attorney ,general1 and inserting ,department or of the ,united ,states designated by the ,secretary14 7#d7 ,secretary ,section #aja7;a77#cd7 7#h ,u4,s4,c4 #aaja7;a77#cd77 is amended to read as follows3 7#cd7 ,the term ,secretary means the ,secretary of ,homeland ,security1 except as provided in section #bai7;d77#d74 4 7#e7 ,special immigrant ,section #aja7;a77#bg77,l77iii7 7#h ,u4,s4,c4 #aaja7;a77#bg77,l77iii77 is amended by adding 2 or at the end4 7#f7 ,managerial capacity2 executive capacity ,section #aja7;a77#dd77;,c7 7#h ,u4,s4,c4 #aaja7;a77#dd77;,c77 is amended by striking ,attorney ,general and inserting ,secretary4 7#g7 ,order of removal ,section #aja7;a77#dg77;,a7 7#h ,u4,s4,c4 #aaja7;a77#dg77;,a77 is amended to read as follows3 7,a7 ,the term order of removal means the order of the immigration judge1 or other such administrative officer to whom the ,attorney ,general or the ,secretary has delegated the responsibility for determining whether an alien is removable1 concluding that the alien is removable or ordering removal4 4 7#h7 ,title ,i and ,,ii definitions ,section #aja7;b7 7#h ,u4,s4,c4 #aaja7;b77 is amended-- 7,a7 in paragraph 7#a77;,f77i71 by striking ,attorney ,general and inserting ,secretary2 and 7,b7 in paragraph 7#d71 by striking ,immigration and ,naturalization ,service4 and inserting ,department44 7b7 ,section #ajc 7#a7 ,in general ,section #ajc 7#h ,u4,s4,c4 #aajc7 is amended by striking the section heading and subsection 7a77#a7 and inserting the following3 #ajc4 ,powers and duties 7a7 7#a7 ,the ,secretary shall be charged with the administration and enforcement of this ,act and all other laws relating to the immigration and naturalization of aliens1 except insofar as this ,act or such laws relate to the powers1 functions1 and duties conferred upon the ,president1 the ,attorney ,general1 the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,secretary of ,health and ,human ,services1 the ,commissioner of ,social ,security1 the ,secretary of ,state1 the officers of the ,department of ,state1 or diplomatic or consular officers4 ,a determination and ruling by the ,attorney ,general with respect to all questions of law shall be controlling4 4 7#b7 ,technical and conforming corrections ,section #ajc 7#h ,u4,s4,c4 #aajc71 as amended by paragraph 7#a71 is further amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking ,he and inserting ,the ,secretary2 7ii7 in paragraph 7#c7-- 7,i7 by striking ,he and inserting ,the ,secretary2 7,,ii7 by striking he and inserting the ,secretary2 and 7,,iii7 by striking his authority and inserting the authority of the ,secretary2 7iii7 in paragraph 7#d7-- 7,i7 by striking ,he and inserting ,the ,secretary2 and 7,,ii7 by striking ,service or the ,department of ,justice and insert the ,department2 7iv7 in paragraph 7#e7-- 7,i7 by striking ,he and inserting ,the ,secretary2 7,,ii7 by striking his discretion1 and inserting the discretion of the ,secretary1 and 7,,iii7 by striking him and inserting the ,secretary2 7v7 in paragraph 7#f7-- 7,i7 by striking ,he and inserting ,the ,secretary2 7,,ii7 by striking ,department and inserting agency1 department12 and 7,,iii7 by striking ,service4 and inserting ,department or upon consular officers with respect to the granting or refusal of visas2 7vi7 in paragraph 7#g7-- 7,i7 by striking ,he and inserting ,the ,secretary2 7,,ii7 by striking countries2 and inserting countries2 7,,iii7 by striking he and inserting the ,secretary2 and 7,,iv7 by striking his judgment and inserting the judgment of the ,secretary2 7vii7 in paragraph 7#h71 by striking ,attorney ,general and inserting ,secretary2 7viii7 in paragraph 7#aj71 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7ix7 in paragraph 7#aa71 by striking ,attorney ,general1 and inserting ,secretary12 7,b7 by amending subsection 7c7 to read as follows3 7c7 ,secretary2 appointment ,the ,secretary shall be a citizen of the ,united ,states and shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,secretary shall be charged with any and all responsibilities and authority in the administration of the ,department and of this ,act4 ,the ,secretary may enter into cooperative agreements with ,state and local law enforcement agencies for the purpose of assisting in the enforcement of the immigration laws4 2 7,c7 in subsection 7e7-- 7i7 in paragraph 7#a71 by striking ,commissioner and inserting ,secretary2 and 7ii7 in paragraph 7#b71 by striking ,service and inserting ,u4,s4 ,citizenship and ,immigration ,services2 7,d7 in subsection 7f7-- 7i7 by striking ,attorney ,general and inserting ,secretary2 7ii7 by striking ,immigration and ,naturalization ,service and inserting ,department2 and 7iii7 by striking ,service1 and inserting ,department12 and 7,e7 in subsection 7g77#a71 by striking ,immigration ,reform1 ,accountability and ,security ,enhancement ,act of #bjjb and inserting ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace74 7#c7 ,clerical amendment ,the table of contents in the first section is amended by striking the item relating to section #ajc and inserting the following3 ,sec4 #ajc4 ,powers and duties4 4 7c7 ,section #aje ,section #aje7;a7 is amended 7#h ,u4,s4,c4 #aaje7;a77 by striking ,commissioner each place that term appears and inserting ,secretary4 #gjjc4 ,technical amendments to title ,,ii of the ,immigration and ,nationality ,act 7a7 ,section #bjb ,section #bjb7;a77#a77;,b7 7#h ,u4,s4,c4 #aaeb7;a77#a77;,b77 is amended by inserting the ,secretary or after the authority of4 7b7 ,section #bjc ,section #bjc 7#h ,u4,s4,c4 #aaec7 is amended-- 7#a7 in subsection 7b77#b77;,b77ii7-- 7,a7 in subclause 7,,ii7-- 7i7 by inserting the ,secretary or before the ,attorney ,general2 and 7ii7 by moving such subclause #d ems to the left2 and 7,b7 by moving subclauses 7,,iii7 and 7,,iv7 #d ems to the left2 and 7#b7 in subsection 7g7-- 7,a7 by striking ,secretary's and inserting ,secretary of ,state's2 and 7,b7 by inserting of ,state after but the ,secretary4 7c7 ,section #bjd ,section #bjd 7#h ,u4,s4,c4 #aaed7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,b77i7-- 7i7 by redesignating the second subclause 7,i71 as added by section #djb7;a77#c77;,b7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7,public ,law #aji-bdh71 as subclause 7,,ii72 and 7ii7 indenting the left margin of such subclause two ems from the left margin2 and 7,b7 in subparagraph 7,g77ii71 by inserting of ,state after by the ,secretary2 7#b7 in subsection 7c71 by inserting the ,secretary or before the ,attorney ,general each place that term appears2 and 7#c7 in subsection 7e71 by inserting to after admitted4 7d7 ,section #bjh ,section #bjh 7#h ,u4,s4,c4 #aaeh7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 by inserting the ,secretary or before ,attorney ,general in subparagraph 7,a72 7,b7 by inserting the ,secretary or before ,attorney ,general in subparagraph 7,d72 7#b7 in subsection 7b77#b7 by inserting the ,secretary or before ,attorney ,general wherever the term appears2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking the ,attorney ,general and inserting the ,secretary2 7,b7 in paragraphs 7#b7 and 7#c71 by inserting the ,secretary or before ,attorney ,general each place that term appears2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting the ,secretary or before the ,attorney ,general1 7,b7 in paragraph 7#b71 by striking ,attorney ,general and inserting ,secretary2 7,c7 in paragraph 7#c7-- 7i7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7ii7 by striking ,attorney ,general's and inserting ,secretary's2 and 7,d7 in paragraphs 7#d7 through 7#f71 by inserting the ,secretary or before the ,attorney ,general2 and 7e7 ,section #bji ,section #bji7;a77#a77;,a7 7#h ,u4,s4,c4 #aaei7;a77#a77;,a77 is amended by striking ,secretary of ,homeland ,security or the ,attorney ,general each place that term appears and inserting ,secretary4 7f7 ,section #bab ,section #bab 7#h ,u4,s4,c4 #aahb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 in subparagraphs 7,c71 7,h77ii71 and 7,i71 by inserting 1 the ,secretary1 before or the ,attorney ,general each place that term appears2 7,b7 in paragraph 7#c7-- 7i7 in subparagraphs 7,a7 and 7,b77ii77,,ii71 by inserting 1 the ,secretary1 before or the ,attorney ,general each place that term appears2 and 7ii7 in subparagraph 7,d71 by inserting the ,secretary or before the ,attorney ,general each place that term appears2 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by inserting the ,secretary or before the ,attorney ,general2 and 7ii7 in subparagraph 7,b71 by inserting 1 the ,secretary1 before or the ,attorney ,general each place that term appears2 7,d7 in paragraph 7#e77;,c71 by striking or1 in the case of an adjustment of status1 the ,attorney ,general1 a certificate from the ,commission on ,graduates of ,foreign ,nursing ,schools1 or a certificate from an equivalent independent credentialing organization approved by the ,attorney ,general and inserting or1 in the case of an adjustment of status1 the ,secretary or the ,attorney ,general1 a certificate from the ,commission on ,graduates of ,foreign ,nursing ,schools1 or a certificate from an equivalent independent credentialing organization approved by the ,secretary2 7,e7 in paragraph 7#i7-- 7i7 in subparagraph 7,b77v7-- 7,i7 by inserting or the ,secretary after ,attorney ,general each place that term appears2 and 7,,ii7 by striking has sole discretion and inserting have discretion2 and 7ii7 in subparagraph 7,c77iii71 by inserting or the ,attorney ,general after ,secretary of ,homeland ,security2 and 7,f7 in paragraph 7#aj77;,c71 in clauses 7ii77,,iii7 and 7iii77,,ii71 by striking ,secretary's and inserting ,secretary of ,state's2 7#b7 in subsection 7d71 in paragraphs 7#aa7 and 7#ab71 by inserting or the ,secretary after ,attorney ,general each place that term appears2 7#c7 in subsection 7e71 by striking the first proviso and inserting the following3 ,provided1 ,that upon the favorable recommendation of the ,director1 pursuant to the request of an interested ,united ,states ,government agency 7or1 in the case of an alien described in clause 7iii71 pursuant to the request of a ,state ,department of ,public ,health1 or its equivalent71 or of the ,secretary after the ,secretary has determined that departure from the ,united ,states would impose exceptional hardship upon the alien's spouse or child 7if such spouse or child is a citizen of the ,united ,states or a lawfully resident alien71 or that the alien cannot return to the country of his or her nationality or last residence because the alien would be subject to persecution on account of race1 religion1 or political opinion1 the ,secretary may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the ,united ,states is found by the ,secretary to be in the public interest except that in the case of a waiver requested by a ,state ,department of ,public ,health1 or its equivalent1 or in the case of a waiver requested by an interested ,united ,states ,government agency on behalf of an alien described in clause 7iii71 the waiver shall be subject to the requirements under section #bad7l732 7#d7 in subsections 7g71 7h71 7i71 and 7k71 by inserting or the ,secretary after ,attorney ,general each place that term appears2 7#e7 in subsection 7m77#b77;,e77iv71 by inserting of ,labor after ,secretary the second and third place that term appears2 7#f7 in subsection 7n71 by inserting of ,labor after ,secretary each place that term appears1 except that this amendment shall not apply to references to the ,secretary of ,labor2 and 7#g7 in subsection 7s71 by inserting 1 the ,secretary1 before or the ,attorney ,general4 7g7 ,section #bac;,a ,section #bac;,a 7#h ,u4,s4,c4 #aahc;a7 is amended-- 7#a7 in subsection 7a77#a71 in the matter preceding paragraph 7#a71 by inserting 1 the ,secretary1 after the ,attorney ,general2 and 7#b7 in subsection 7f77#f77;,b71 by inserting the ,secretary1 after ,the ,secretary of ,state14 7h7 ,section #bad ,section #bad7;c77#i77;,a7 7#h ,u4,s4,c4 #aahd7;c77#i77;,a7 is amended1 in the matter preceding clause 7i71 by striking before4 7i7 ,section #bag ,section #bag 7#h ,u4,s4,c4 #aahg7 is amended-- 7#a7 in subsection 7e77#c77;,a71 by inserting a comma after ,regulations2 7#b7 in subsection 7f77#b77;,a71 by striking section 7c77#b77;,c71 and inserting subsection 7c77#b77;,c712 and 7#c7 in subsection 7h77#c77;,a71 by striking the alien and inserting an alien4 7j7 ,section #bah ,section #bah 7#h ,u4,s4,c4 #aahh7 is amended-- 7#a7 by inserting of ,labor after ,secretary each place that term appears1 except that this amendment shall not apply to references to the ,secretary of ,labor or to the ,secretary of ,agriculture2 7#b7 in subsection 7c77#c77;,b77iii71 by striking ,secretary's and inserting ,secretary of ,labor's2 and 7#c7 in subsection 7g77#d71 by striking ,secretary's and inserting ,secretary of ,agriculture's4 7k7 ,section #bai ,section #bai 7#h ,u4,s4,c4 #aahi7 is amended-- 7#a7 in subsection 7a77#a77;,b7-- 7,a7 by inserting a close parenthesis after section #bab7;a77#c77;,b72 and 7,b7 by striking the close parenthesis before the semicolon2 7#b7 in subsection 7c77#c77;,d71 by striking 7#b71 and inserting 7#b722 and 7#c7 in subsection 7d77#d71 by striking the ,secretary of the ,treasury and inserting the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury14 7l7 ,section #bbb ,section #bbb 7#h ,u4,s4,c4 #abjb7-- 7#a7 by inserting or the ,secretary after ,secretary of ,state each place that term appears2 and 7#b7 in subsection 7f7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 1 the ,department1 after ,department of ,state2 and 7,b7 in paragraph 7#b71 by striking ,secretary's and inserting their4 7m7 ,section #bca ,section #bca 7#h ,u4,s4,c4 #abba7 is amended-- 7#a7 in subsection 7c77#aj71 by striking ,attorney ,general1 and inserting ,secretary12 7#b7 in subsection 7f71 by striking ,attorney ,general each place that term appears and inserting ,secretary2 7#c7 in subsection 7g7-- 7,a7 by striking ,attorney ,general each places that term appears and inserting ,secretary2 7,b7 by striking ,commissioner each place that term appears and inserting ,secretary2 and 7#d7 in subsection 7h71 by striking ,attorney ,general each place that term appears and inserting ,secretary4 7n7 ,section #bcf ,section #bcf 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 in subsection 7a77#b77;,a71 by inserting the ,secretary or before the ,attorney ,general the third place that term appears2 and 7#b7 in subsection 7e7-- 7,a7 by striking review4 and inserting review1 other than administrative review by the ,attorney ,general pursuant to the authority granted under section #ajc7;g742 and 7,b7 by inserting the ,secretary or before the ,attorney ,general under4 7o7 ,section #bcf;,a ,section #bcf;,a7a77#d7 7#h ,u4,s4,c4 #abbf;a7a77#d77 is amended by striking ,deputy ,attorney ,general both places that term appears and inserting ,deputy ,secretary of ,homeland ,security4 7p7 ,section #bcg ,section #bcg7;a7 7#h ,u4,s4,c4 #abbg7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting following the initiation by the ,secretary of removal proceedings after upon the order of the ,attorney ,general2 and 7#b7 in paragraph 7#b77;,e71 in the subparagraph heading1 by striking 1 crimes against children and and inserting 2 crimes against children4 7q7 ,section #bch ,section #bch 7#h ,u4,s4,c4 #abbh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7,b7 in paragraphs 7#c7 and 7#d77;,a71 by inserting and the ,secretary after ,attorney ,general each place that term appears2 and 7#b7 in subsection 7e71 as redesignated by section #aejc7;a77#d7-- 7,a7 by striking ,commissioner each place that term appears and inserting ,secretary2 7,b7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7,c7 in subparagraph 7,d77iv71 by striking ,attorney ,general and inserting ,united ,states ,attorney4 7r7 ,section #bci ,section #bci7;a77#a7 7#h ,u4,s4,c4 #abbi7;a77#a77 is amended by inserting and the ,secretary after ,attorney ,general each place that term appears4 7s7 ,section #bdj ,section #bdj 7#h ,u4,s4,c4 #abbi;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting 1 with the concurrence of the ,secretary with respect to employees of the ,department after ,attorney ,general2 and 7,b7 in paragraph 7#e77;,a71 by inserting the ,secretary or before the ,attorney ,general2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by inserting 1 the ,secretary of ,state1 or the ,secretary before to be confidential2 and 7,b7 in paragraph 7#g77;,c77iv77,i71 by striking #bdj;,a7b77#b7 and inserting section #bdj;,a7b77#b74 7t7 ,section #bdj;,a ,section #bdj;,a7b7 7#h ,u4,s4,c4 #abbi;b7b77 is amended-- 7#a7 in paragraph 7#c71 by striking ,attorney ,general shall and inserting ,secretary shall2 and 7#b7 in paragraph 7#d77;,a71 by striking ,attorney ,general and inserting ,secretary4 7u7 ,section #bdj;,b ,section #bdj;,b 7#h ,u4,s4,c4 #abbi;c7 is amended-- 7#a7 in subsection 7a71 in paragraphs 7#a7 and 7#c71 by inserting or the ,secretary after ,attorney ,general each place that term appears2 and 7#b7 in subsection 7c71 by inserting and the ,secretary after ,attorney ,general4 7v7 ,section #bda ,section #bda 7#h ,u4,s4,c4 #abca7 is amended-- 7#a7 in subsection 7a77#d77;,b77i71 by inserting a close parenthesis after 7,l72 7#b7 in subsection 7g77#b7-- 7,a7 by striking the paragraph heading and inserting ,detention facilities of the department of homeland security4--2 and 7,b7 by striking ,service1 the ,commissioner and inserting ,department1 the ,secretary4 7w7 ,section #bdb ,section #bdb7;g7 7#h ,u4,s4,c4 #abeb7;g77 is amended by inserting the ,secretary or before the ,attorney ,general4 7x7 ,section #bdc ,section #bdc 7#h ,u4,s4,c4 #abec7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7,b7 by striking ,commissioner each place that term appears and inserting ,secretary2 and 7#b7 in subsection 7d71 by inserting of ,state after notifies the ,secretary4 7y7 ,section #bdd ,section #bdd 7#h ,u4,s4,c4 #abed;a7 is amended-- 7#a7 in subsection 7c77#b71 by inserting or the ,secretary after ,attorney ,general each place the term appears2 and 7#b7 in subsection 7g71 by inserting or the ,secretary after ,attorney ,general4 7z7 ,section #bde ,section #bde 7#h ,u4,s4,c4 #abee7 is amended-- 7#a7 by inserting or the ,secretary after ,attorney ,general each place that term appears except in subsections 7j7 7other than the first reference71 7l71 and 7m72 7#b7 in subsection 7c77#e71 by striking the comma after section #aja7;a77#ae77,s7 and inserting a semicolon2 7#c7 in subsection 7k77#a71 adding an and at the end2 7#d7 in subsection 7l7-- 7,a7 in paragraph 7#a71 by inserting a comma after appropriate2 and 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,attorney ,general's and inserting ,secretary's2 and 7ii7 in subparagraph 7,b71 by striking 7#aj7;,e77 and inserting 7#aj77;,e774 7aa7 ,section #bde;,a ,section #bde;,a 7#h ,u4,s4,c4 #abee;a7 is amended-- 7#a7 in subsection 7c77#g71 by striking subparagraph 7,c72 and 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#d77;,c71 by striking ,the ,the and inserting ,the2 and 7,b7 in paragraph 7#e71 by striking 7,public ,law #if-abb71 and inserting 7#h ,u4,s4,c4 #aebb note714 7bb7 ,section #bdf ,section #bdf7;a7 7#h ,u4,s4,c4 #abef7;a77 is amended-- 7#a7 by inserting or the ,secretary after of the ,attorney ,general2 7#b7 by inserting or the ,secretary after status1 the ,attorney ,general2 and 7#c7 by striking ,attorney ,general to rescind and inserting ,secretary to rescind4 7cc7 ,section #bdi ,section #bdi 7#h ,u4,s4,c4 #abei7 is amended by inserting or the ,secretary after ,attorney ,general each place that term appears4 7dd7 ,section #bea ,section #bea7;d7 7#h ,u4,s4,c4 #abha7;d77 is amended-- 7#a7 by striking ,attorney ,general each place that term appears and inserting ,secretary2 and 7#b7 by striking ,commissioner each place that term appears and inserting ,secretary4 7ee7 ,section #bed ,section #bed7;a7 7#h ,u4,s4,c4 #abhd7;a77 is amended by striking ,commissioner each place that term appears and inserting ,secretary4 7ff7 ,section #bee ,section #bee 7#h ,u4,s4,c4 #abhe7 is amended by striking ,commissioner each place that term appears and inserting ,secretary4 7gg7 ,section #bef ,section #bef 7#h ,u4,s4,c4 #abhf7 is amended-- 7#a7 by striking ,commissioner each place that term appears and inserting ,secretary2 7#b7 in the first and second sentences1 by striking ,attorney ,general each place that term appears and inserting ,secretary4 7hh7 ,section #beh ,section #beh 7#h ,u4,s4,c4 #abhh7 is amended-- 7#a7 by inserting of ,labor after ,secretary each place that term appears 7except for in subsection 7e77#b771 except that this amendment shall not apply to references to the ,secretary of ,labor1 the ,secretary of ,state2 7#b7 in subsection 7d77#b77;,a71 by striking at after while2 and 7#c7 in subsection 7e77#b71 by striking the ,secretary shall and inserting the ,secretary of ,state shall4 7ii7 ,section #bfd ,section #bfd7;f7 7#h ,u4,s4,c4 #acjd7;f77 is amended by striking ,attorney ,general is and inserting ,attorney ,general and the ,secretary are4 7jj7 ,section #bgb ,section #bgb 7#h ,u4,s4,c4 #acbb7 is amended by striking ,commissioner each place that term appears and inserting ,secretary4 7kk7 ,section #bgc ,section #bgc 7#h ,u4,s4,c4 #acbc7 is amended-- 7#a7 by striking ,commissioner each place that term appears and inserting ,secretary2 and 7#b7 by striking ,attorney ,general each place that term appears 7except in subsection 7e71 in the matter preceding paragraph 7#a77 and inserting ,secretary4 7ll7 ,section #bgd ,section #bgd7;b77#b7 7#h ,u4,s4,c4 #acbd7;b77#b77 is amended by striking ,secretary of the ,treasury and inserting ,secretary4 7mm7 ,section #bgd;,b ,section #bgd;,b7f77#b7 7#h ,u4,s4,c4 #acbd;b7f77#b77 is amended by striking subsection and inserting section4 7nn7 ,section #bgd;,c ,section #bgd;,c7d77#b77;,a7 7#h ,u4,s4,c4 #acbd;c7d77#b77;,a77 is amended by inserting or the ,secretary after subsection 7a71 the ,attorney ,general4 7oo7 ,section #bgd;,d ,section #bgd;,d7a77#b7 7#h ,u4,s4,c4 #acbd;d7a77#b77 is amended by striking ,commissioner and inserting ,secretary4 7pp7 ,section #bhf ,section #bhf 7#h ,u4,s4,c4 #acef7 is amended-- 7#a7 in subsection 7q77#a77;,b71 by striking 1 in consultation with the ,secretary of the ,treasury12 7#b7 in subsection 7r77#b71 by striking section #bde7;i77#c77;b7 and inserting section #bde7;i77#c77;,b72 7#c7 in subsection 7s77#e7-- 7,a7 by striking #e percent and inserting ,use of fees for duties relating to petitions4--,five percent2 and 7#d7 by striking paragraph 7#a7 7,c7 or 7,d7 of section #bjd and inserting subparagraph 7,c7 or 7,d7 of section #bjd7;a77#a72 and 7#e7 in subsection 7v77#b77;,a77i71 by adding of after number4 7qq7 ,section #bid ,section #bid 7#h ,u4,s4,c4 #acfc;a7 is amended-- 7#a7 in subsection 7a71 in the undesignated matter following paragraph 7#d71 by striking ,commissioner1 in consultation with the ,deputy ,attorney ,general1 and inserting ,secretary2 and 7#b7 in subsection 7d71 by striking ,deputy ,attorney ,general and inserting ,secretary4 #gjjd4 ,technical amendments to title ,,iii of the ,immigration and ,nationality ,act 7a7 ,section #caf ,section #caf 7#h ,u4,s4,c4 #adbg7 is amended-- 7#a7 in subsection 7d71 by inserting or by the ,secretary after ,attorney ,general2 and 7#b7 in subsection 7f77#a71 by striking ,intelligence1 the ,attorney ,general and the ,commissioner of ,immigration and inserting ,intelligence and the ,secretary4 7b7 ,section #cbb ,section #cbb7;a77#a7 7#h ,u4,s4,c4 #adcc7;a77#a77 is amended-- 7#a7 by inserting is before 7or12 and 7#b7 by striking is before a citizen4 7c7 ,section #cdb 7#a7 ,section heading 7,a7 ,in general ,section #cdb 7#h ,u4,s4,c4 #adec7 is amended by striking the section heading and inserting ,cancellation of certificates2 action not to affect citizenship status4 7,b7 ,clerical amendment ,the table of contents in the first section is amended by striking the item relating to section #cdb and inserting the following3 ,sec4 #cdb4 ,cancellation of certificates2 action not to affect citizenship status4 4 7#b7 ,in general ,section #cdb 7#h ,u4,s4,c4 #adec7 is amended-- 7,a7 by striking heretofore issued or made by the ,commissioner or a ,deputy ,commissioner or hereafter made by the ,attorney ,general2 and 7,b7 by striking practiced upon1 him or the ,commissioner or a ,deputy ,commissioner24 #gjje4 ,technical amendment to title ,,iv of the ,immigration and ,nationality ,act ,section #dab7;a77#b77;,c77i7 7#h ,u4,s4,c4 #aebb7;a77#b77;,c77i77 is amended by striking insure and inserting ensure4 #gjjf4 ,technical amendments to title ,v of the ,immigration and ,nationality ,act 7a7 ,section #ejd ,section #ejd 7#h ,u4,s4,c4 #aecd7 is amended-- 7#a7 in subsection 7a77#a77;,a71 by striking a before removal proceedings2 7#b7 in subsection 7i71 by striking ,attorney ,general inserting ,government2 and 7#c7 in subsection 7k77#b71 by striking by4 7b7 ,section #eje ,section #eje7;e77#b7 7#h ,u4,s4,c4 #aece7;e77#b77 is amended by inserting and the ,secretary after ,attorney ,general4 #gjjg4 ,other amendments 7a7 ,correction of ,commissioner of ,immigration and ,naturalization 7#a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 as amended by this ,act1 is further amended by striking ,commissioner and ,commissioner of ,immigration and ,naturalization each place those terms appear and inserting ,secretary4 7#b7 ,exception for ,commissioner of ,social ,security ,the amendment made by paragraph 7#a7 shall not apply to any reference to the ,commissioner of ,social ,security4 7b7 ,correction of ,immigration and ,naturalization ,service ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by this ,act1 is further amended by striking ,service and ,immigration and ,naturalization ,service each place those terms appear and inserting ,department4 7c7 ,correction of ,department of ,justice 7#a7 ,in general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 as amended by this ,act1 is further amended by striking ,department of ,justice each place that term appears and inserting ,department4 7#b7 ,exceptions ,the amendment made by paragraph 7#a7 shall not apply in-- 7,a7 subsections 7d77#c77;,a7 and 7r77#e77;,a7 of section #bad 7#h ,u4,s4,c4 #aahd72 7,b7 section #bgd;,b7c77#a7 7#h ,u4,s4,c4 #acbd;b7c77#a772 or 7,c7 title ,v 7#h ,u4,s4,c4 #aeca et seq474 7d7 ,correction of ,attorney ,general ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 as amended by this ,act1 is further amended by striking ,attorney ,general each place that term appears and inserting ,secretary1 except for in the following3 7#a7 ,any joint references to the ,attorney ,general and the ,secretary of ,homeland ,security or the ,secretary of ,homeland ,security and the ,attorney ,general4 7#b7 ,section #aja7;a77#e74 7#c7 ,subparagraphs 7,s71 7,t71 and 7,v7 of section #aja7;a77#ae74 7#d7 ,section #aja7;a77#dg77;,a74 7#e7 ,section #aja7;b77#d74 7#f7 ,subsections 7a77#a7 and 7g7 of section #ajc4 7#g7 ,subsections 7b77#a7 and 7c7 of section #aje4 7#h7 ,section #bjd7;c74 7#i7 ,section #bjh4 7#aj7 ,subparagraphs 7,c71 7,h71 and 7,i7 of section #bab7;a77#b74 7#aa7 ,subparagraphs 7,a71 7,b77ii77,,ii71 and 7,d7 of section #bab7;a77#c74 7#ab7 ,section #bab7;a77#i77;,c77iii74 7#ac7 ,paragraphs 7#aa7 and 7#ab7 of section #bab7;d74 7#ad7 ,subsections 7g71 7h71 7i71 7k71 and 7s7 of section #bab4 7#ae7 ,subsections 7a77#a7 and 7f77#f77;,b7 of section #bac;,a4 7#af7 ,section #baf7;d77#b77;c74 7#ag7 ,section #bai7;d77#d74 7#ah7 ,section #bce7;b77#a77;,b77iii77,,iii74 7#ai7 ,the second sentence of section #bcf7;e74 7#bj7 ,section #bcg4 7#ba7 ,paragraphs 7#a71 7#c71 and 7#d77;,a7 of section #bch7;a74 7#bb7 ,paragraphs 7#a7 and 7#e7 of section #bch7;b74 7#bc7 ,section #bch7;c77#b77;,d77iv74 7#bd7 ,subsections 7a7 and 7b7 of section #bci4 7#be7 ,section #bdj4 7#bf7 ,section #bdj;,a4 7#bg7 ,subsections 7a77#a71 7a77#c71 7b71 and 7c7 of section #bdj;,b4 7#bh7 ,the first reference in section #bda7;a77#d77;,b77i74 7#bi7 ,section #bda7;b77#c7 7except for the first reference in subparagraph 7,a71 to which the amendment shall apply74 7#cj7 ,section #bda7;i7 7except for paragraph 7#c77;,b77i71 to which the amendment shall apply74 7#ca7 ,section #bdb7;a77#b77;,b74 7#cb7 ,section #bdb7;b7 7except for paragraph 7#h71 to which the amendment shall apply74 7#cc7 ,section #bdb7;g74 7#cd7 ,subsections 7a77#c77;,c71 7c77#b71 7e71 and 7g7 of section #bdd4 7#ce7 ,section #bde 7except for subsection 7i77#a77;,b77i71 subsection 7i77#c77 and the first reference to the ,attorney ,general in subsection #bde7;j774 7#cf7 ,section #bde;,a7a77#a77;,a74 7#cg7 ,section #bdf7;a74 7#ch7 ,section #bdi4 7#ci7 ,section #bfd7;f74 7#dj7 ,section #bgd7;e74 7#da7 ,section #bgd;,a4 7#db7 ,section #bgd;,b4 7#dc7 ,section #bgd;,c4 7#dd7 ,section #bib4 7#de7 ,subsections 7d7 and 7f77#a7 of section #caf4 7#df7 ,section #cdb4 7#dg7 ,section #dab7;f77#a77;,a74 7#dh7 ,title ,v 7except for subsections #ejf7;a77#a7 and #ejg7;b71 7c71 and 7d7 7first reference71 to which the amendment shall apply74 #gjjh4 ,repeals2 rule of construction 7a7 ,repeals 7#a7 ,immigration and naturalization service 7,a7 ,in general ,section #d of the ,act of ,february #ad1 #aijc 7#cb ,stat4 #hbf1 chapter #eeb2 #h ,u4,s4,c4 #aeea7 is repealed4 7,b7 #h ,u4,s4,c4 #aeea ,the language of the compilers set out in section #aeea of title #h of the ,united ,states ,code shall be removed from the compilation of such title #h4 7#b7 ,commissioner of immigration and naturalization2 office 7,a7 ,in general ,section #g of the ,act of ,march #c1 #ahia 7#bf ,stat4 #ajhe1 chapter #eea2 #h ,u4,s4,c4 #aeeb7 is repealed4 7,b7 #h ,u4,s4,c4 #aeeb ,the language of the compilers set out in section #aeeb of title #h of the ,united ,states ,code shall be removed from the compilation of such title #h4 7#c7 ,assistant commissioners and district director2 compensation and salary grade ,title ,,ii of the ,department of ,justice ,appropriation ,act1 #aieg 7#gj ,stat4 #cjg1 chapter #dad2 #h ,u4,s4,c4 #aeec7 is amended1 in the matter under the heading ,immigration and ,naturalization ,service and under the subheading ,,salaries ,,and ,,expenses1 by striking ,that the compensation of the five assistant commissioners and one district director shall be at the rate of grade ,,gs-#af3 ,provided further4 7#d7 ,special immigrant inspectors at washington ,the ,act of ,march #b1 #ahie 7#bh ,stat4 #ghj1 chapter #agg2 #h ,u4,s4,c4 #aeed7 is amended in the matter following the heading ,bureau of ,immigration3 by striking ,that hereafter special immigrant inspectors1 not to exceed three1 may be detailed for duty in the ,bureau at ,washington3 ,and provided further14 7b7 ,rule of construction ,nothing in this title may be construed to repeal or limit the applicability of sections #dfb and #aeab of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi and #eeb7 with respect to any provision of law or matter not specifically addressed by the amendments made by this title4 #gjji4 ,miscellaneous technical correction ,section #g of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #cejh7 is amended by striking ,commissioner of ,immigration and inserting ,secretary of ,homeland ,security4 ,december #f1 #bjag,read the second time and placed on the calendar