,,ii ,calendar ,no4 #cch #aaeth ,,congress #b;d ,session ,s4 #bdfd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjah,mr4 ,flake 7for himself and ,ms4 ,heitkamp7 introduced the following bill2 which was read the first time ,february #bh1 #bjah,read the second time and placed on the calendar ,a ,,bill ,to improve border security and to provide conditional provision residence to certain long-term residents who entered the ,united ,states as children4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,three-,year ,border and ,,daca ,extension ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,border ,security,sec4 #aja4 ,authorization of appropriations4,sec4 #ajb4 ,operations and support4,,title ,,ii--,,daca ,extension,sec4 #bja4 ,provisional protected presence for young individuals4 ,i ,border ,security #aja4 ,authorization of appropriations ,there is authorized to be appropriated a total of #g1fci1jjj1jjj to the ,department of ,homeland ,security for fiscal years #bjah through #bjbj for the purpose of improving border security4 #ajb4 ,operations and support 7a7 ,purpose ,it is the purpose of this section to establish a ,border ,security ,enforcement ,fund 7referred to in this section as the ,fund71 to be administered through the ,department of ,homeland ,security and1 in fiscal year #bjah only1 through the ,department of ,state1 to provide for costs necessary to implement this ,act and other ,acts related to border security for activities1 including-- 7#a7 constructing1 installing1 deploying1 operating1 and maintaining tactical infrastructure and technology in the vicinity of the ,united ,states border-- 7,a7 to achieve situational awareness and operational control of the border2 and 7,b7 to deter1 impede1 and detect illegal activity in high traffic areas2 and 7,c7 to implement other border security provisions under this section2 7#b7 implementing port of entry provisions under this section2 7#c7 purchasing new aircraft1 vessels1 spare parts1 and equipment to operate and maintain such craft2 and 7#d7 hiring and recruitment4 7b7 ,funding ,there are appropriated1 to the ,fund1 out of any monies in the ,treasury not otherwise appropriated1 a total of #g1fci1jjj1jjj1 as follows3 7#a7 ,for fiscal year #bjah1 #b1idg1jjj1jjj1 to remain available through fiscal year #bjbb4 7#b7 ,for fiscal year #bjai1 #b1bbe1jjj1jjj1 to remain available through fiscal year #bjbc4 7#c7 ,for fiscal year #bjbj1 #b1dfg1jjj1jjj1 to remain available through fiscal year #bjbd4 7c7 ,physical barriers 7#a7 ,in general ,in each of the following fiscal years1 the ,secretary of ,homeland ,security shall transfer1 from the ,fund to the ,u4,s4 ,customs and ,border ,protection--,procurement1 ,construction and ,improvements account1 for the purpose of constructing1 replacing1 or planning physical barriers along the ,united ,states land border1 a total of #e1jac1jjj1jjj1 as follows3 7,a7 ,for fiscal year #bjah1 #a1ega1jjj1jjj4 7,b7 ,for fiscal year #bjai1 #a1fjj1jjj1jjj4 7,c7 ,for fiscal year #bjbj1 #a1hdb1jjj1jjj4 7#b7 ,availability of funds ,notwithstanding section #aeeb7;a7 of title #ca1 ,united ,states ,code1 any amounts obligated for the purposes described in paragraph 7#a7 shall remain available for disbursement until expended4 7d7 ,transfer authority ,other than the amounts transferred by the ,secretary of ,homeland ,security and the ,secretary of ,state pursuant to subsections 7b7 and 7c71 the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives may provide for the transfer of amounts in the ,fund for each fiscal year to eligible activities under this section1 including-- 7#a7 for the purpose of constructing1 replacing1 or planning for physical barriers along the ,united ,states land border2 or 7#b7 for any of the activities described in subsection 7a74 7e7 ,use of fund ,if the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives do not provide for the transfer of funds in a full-year appropriation in any fiscal year in accordance with subsection 7d71 the ,secretary of ,homeland ,security shall transfer amounts in the ,fund to accounts within the ,department of ,homeland ,security for eligible activities under this section1 including not less than the amounts specified in subsection 7c7 for the purpose of constructing1 replacing1 or planning for physical barriers along the ,united ,states land border4 7f7 ,budget request ,a request for the transfer of amounts in the ,fund under this section-- 7#a7 shall be included in each budget for a fiscal year submitted by the ,president under section #aaje of title #ca1 ,united ,states ,code2 and 7#b7 shall detail planned obligations by program1 project1 and activity in the receiving account at the same level of detail provided for in the request for other appropriations in that account4 7g7 ,reporting requirement ,at the beginning of fiscal year #bjai1 and annually thereafter until the funding made available under this title has been expended1 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 describes-- 7#a7 the status of border security in the ,united ,states2 and 7#b7 the amount planned to be expended on border security during the upcoming fiscal year1 broken down by project and activity4 ,,ii ,,daca ,extension #bja4 ,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 five 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 status7 for which the maximum term of imprisonment is greater than #e days and not greater than #a year 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 an alien who-- 7,a7 files an application demonstrating that he or she meets the eligibility criteria under subsection 7c72 and 7,b7 pays the appropriate application fee2 7#b7 may not remove such alien 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 such alien with employment authorization4 7c7 ,eligibility criteria ,an alien is eligible for provisional protected presence and employment authorization under this section 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 employment authorization provided under this section shall be effective until the date that is #c years after the date of the enactment of the ,three-,year ,border and ,,daca ,extension ,act4 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 old 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 the ,three-,year ,border and ,,daca ,extension ,act1 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 ,february #bh1 #bjah,read the second time and placed on the calendar