,,ii #aaeth ,,congress #b;d ,session ,s4 #cdgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjah ,mr4 ,johnson introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require the ,secretary of ,homeland ,security to develop a comprehensive strategy for maintaining situational awareness and operational control of high traffic areas along the borders1 to address the protective custody of alien children accompanied by parents1 to strengthen accountability for deployment of border security technology at the ,department of ,homeland ,security1 to encourage ,federal agencies to coordinate on research and the development of technology to combat illicit opioid importation1 to establish a narcotic drug screening technology pilot program to combat illicit opioid importation1 and for other purposes4 #a4 ,short titles2 table of contents 7a7 ,short titles ,this ,act may be cited as the ,fixing ,america's ,marred ,immigration ,laws to ,improve and ,ensure ,security or the ,,families ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short titles2 table of contents4 ,,title ,i--,department of ,homeland ,security ,accountability to ,congress ,sec4 #aja4 ,definitions4 ,sec4 #ajb4 ,inspections1 oversight1 and studies4 ,sec4 #ajc4 ,reporting requirements4 ,sec4 #ajd4 ,maritime border security review4 ,,title ,,ii--,border ,security ,technology ,accountability ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,border security technology accountability4 ,sec4 #bjc4 ,prohibition on additional authorization of appropriations4 ,,title ,,iii--,secure ,mail ,initiative ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,definitions4 ,sec4 #cjc4 ,offering ,hold for ,pickup and ,signature ,confirmation services under the ,secure ,mail ,initiative4 ,sec4 #cjd4 ,report4 ,,title ,,iv--,hiring and ,retention ,sec4 #dja4 ,short titles4 ,sec4 #djb4 ,flexibility in employment authorities4 ,,title ,v--,anti-,border ,corruption ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,hiring flexibility4 ,sec4 #ejc4 ,supplemental ,commissioner authority and definitions4 ,,title ,,vi--,keeping ,families ,together ,while ,enforcing the ,law ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,family unification4 ,sec4 #fjc4 ,additional family residential center capacity4 ,sec4 #fjd4 ,emergency immigration judge resources4 ,i ,department of ,homeland ,security ,accountability to ,congress #aja4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,criminal alien ,the term criminal alien means an alien-- 7,a7 who has been charged and convicted of a crime that is the basis for the alien's removal under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq472 or 7,b7 whose criminal conviction has been recorded in the ,deportable ,alien ,control ,system and involves a crime that renders the alien removable4 7#c7 ,family unit ,the term family unit means a group of individuals consisting of #a or #b parents and #a or more of their minor children4 7#d7 ,maritime border ,the term maritime border means-- 7,a7 the transit zone2 and 7,b7 the borders and territorial waters of ,puerto ,rico and the ,united ,states ,virgin ,islands4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,transit zone ,the term transit zone means the sea corridors of the western ,atlantic ,ocean1 the ,gulf of ,mexico1 the ,caribbean ,sea1 and the eastern ,pacific ,ocean through which undocumented migrants and illicit drugs transit1 either directly or indirectly1 to the ,united ,states4 7#g7 ,unaccompanied alien child ,the term unaccompanied alien child has the meaning given such term in section #dfb7;g7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bgi7;g774 #ajb4 ,inspections1 oversight1 and studies 7a7 ,family detention centers 7#a7 ,inspections ,the ,secretary shall inspect the conditions of family detention centers1 including-- 7,a7 the ,karnes ,county ,residential ,center2 7,b7 the ,south ,texas ,family ,residential ,center2 7,c7 the ,berks ,family ,residential ,center2 and 7,d7 any other facilities used by ,u4,s4 ,immigration and ,customs ,enforcement to house families awaiting immigration hearings4 7#b7 ,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 includes the findings of the inspections required under paragraph 7#a74 7b7 ,,oig oversight ,the ,inspector ,general of the ,department of ,health and ,human ,services1 in conjunction with the ,inspector ,general of the ,department of ,homeland ,security1 and after consultation with the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall-- 7#a7 investigate allegations of abuse of unaccompanied alien children in juvenile detention centers2 7#b7 examine the effectiveness and costs of alternatives to detention2 and 7#c7 submit a report containing the findings of such investigations and examinations to-- 7,a7 the ,secretary2 7,b7 the appropriate congressional committees2 7,c7 the ,committee on the ,judiciary of the ,senate2 and 7,d7 the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,,gao study ,the ,comptroller ,general of the ,united ,states shall conduct a study of-- 7#a7 wait times for immigration hearings for family units1 including time spent in family detention1 and wait times for asylum claim hearings2 and 7#b7 the root causes of family migration1 including-- 7,a7 the countries of origin of families attempting to enter the ,united ,states2 7,b7 changes in economic1 political1 social conditions in such countries during the #aj years immediately preceding the date of the enactment of this ,act2 and 7,c7 the role of perceptions of immigration law and social media on the flow of immigration4 7d7 ,savings provision ,nothing in this section may be construed to preempt any other ,federal agency1 including the ,office for ,civil ,rights and ,civil ,liberties1 from investigating allegations of abuse of children in juvenile detention centers4 #ajc4 ,reporting requirements 7a7 ,monthly reports ,the ,secretary1 acting through the ,under ,secretary of ,homeland ,security for ,management1 and in coordination with the heads of other ,federal ,government agencies1 shall submit a monthly report to the appropriate congressional committees that identifies1 for the report month-- 7#a7 with respect to apprehensions by the ,department of ,homeland ,security1 the number of-- 7,a7 family units1 broken down by ,u4,s4 ,border ,patrol sector2 7,b7 family units originating from ,el ,salvador1 ,guatemala1 or ,honduras1 broken down by country and ,u4,s4 ,border ,patrol sector2 7,c7 unaccompanied alien children1 broken down by ,u4,s4 ,border ,patrol sector and gang affiliation2 and 7,d7 unaccompanied alien children originating from ,el ,salvador1 ,guatemala1 or ,honduras1 broken down by country of origin1 ,u4,s4 ,border ,patrol sector1 and gang affiliation2 7#b7 with respect to children who were separated from their parents by the ,department of ,homeland ,security-- 7,a7 the number of such children1 broken down by age and by country of origin2 7,b7 whether the family unit crossed at a port of entry or between ports of entry2 7,c7 the number of such children who were suspected of being subjected to human trafficking2 7,d7 the reasons for separating children who crossed at a port of entry from their parents2 7,e7 the number of such children who crossed the border illegally2 7,f7 the number of such children who made an asylum claim1 or on whose behalf an asylum claim was made2 and 7,g7 the number of such children who were accompanied by a parent who had previously crossed the border illegally2 7#c7 with respect to aliens who requested asylum in the ,united ,states under section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh7-- 7,a7 the number of asylum requests received based on an assertion of a credible fear of persecution or torture on account of the alien's race1 religion1 nationality1 membership in a particular social group1 or political opinion if the alien is returned to his or her country of nationality2 7,b7 the number of asylum requests granted2 7,c7 the number of asylum requests denied1 broken down by the reason for the denial2 7,d7 the number of asylum claims abandoned or withdrawn2 and 7,e7 the average time between the date on which an alien requested asylum because of an asserted fear of returning to his or her country of nationality and the date on which the alien was granted or denied asylum based on such request1 broken down between affirmative and defensive requests for asylum2 and 7#d7 with respect to aliens who were ordered removed from the ,united ,states-- 7,a7 the number of removal orders issued for unaccompanied alien children1 adults1 and family units1 respectively2 7,b7 the number of removal orders issued in absentia for unaccompanied alien children1 adults1 and family units1 respectively2 and 7,c7 the number of effectuated removal orders issued for unaccompanied alien children1 adults1 and family units1 respectively4 7b7 ,quarterly reports ,the ,secretary1 working through the ,under ,secretary of ,homeland ,security for ,management1 and the ,secretary of ,health and ,human ,services1 in coordination with the heads of appropriate ,federal ,government agencies1 shall jointly submit a quarterly report to the appropriate congressional committees that identifies1 for the report quarter-- 7#a7 the number of beds that are available for unaccompanied alien children in the custody of the ,department of ,health and ,human ,services2 7#b7 the actual number of beds available for family units to use in facilities operated by1 or through a contract with1 the ,department of ,homeland ,security or the ,department of ,health and ,human ,services2 7#c7 of the unaccompanied alien children processed by the ,department of ,homeland ,security or the ,department of ,health and ,human ,services-- 7,a7 the number of children referred to the ,office of ,refugee ,resettlement by the ,department of ,homeland ,security2 7,b7 the average length of stay of a child in shelter care2 7,c7 the number of such children1 broken down by country of origin1 age1 and gender2 7,d7 the number of such children who have a criminal record2 7,e7 the number of such children who have been involved with a criminal gang1 broken down by the name of the gang2 7,f7 the number of such children who were released to a parent or legal guardian2 7,g7 the number of such children who were released to another immediate adult relative1 broken down by the adult relative's relationship to the child2 7,h7 the number of such children who were released to a distant relative or an unrelated adult2 7,i7 the number of children described in subparagraph 7,f71 7,g71 or 7,h71 broken down by ,state of current residence2 7,j7 the number of home studies conducted2 and 7,k7 the number of such children who were separated from their parents and subsequently reunited with at least #a parent2 7#d7 with respect to drug seizures by ,u4,s4 ,customs and ,border ,protection1 the amount 7in pounds7 of cocaine1 heroin1 marijuana1 methamphetamine1 and fentanyl seized1 broken down by-- 7,a7 the number of seizures2 7,b7 the method by which the drugs were transported2 and 7,c7 the location of the seizures2 and 7#e7 with respect to other enforcement actions by ,u4,s4 ,customs and ,border ,protection-- 7,a7 the number of criminal aliens who were arrested2 and 7,b7 the number of criminal aliens with outstanding warrants4 7c7 ,annual reports ,the ,under ,secretary of ,homeland ,security for ,management1 in coordination with the ,secretary of ,homeland ,security and the heads of other ,federal ,government agencies1 shall submit an annual report to the appropriate congressional committees that identifies1 for the report year-- 7#a7 the number of visas granted to married aliens1 provided that such alien or his or her spouse was younger than #ah years of age at the time of the marriage1 broken down by-- 7,a7 the country of origin of each spouse2 7,b7 the age of each spouse2 and 7,c7 the visa categories involving marriage in which a minor is the beneficiary2 and 7#b7 the percent of individuals who were apprehended by ,u4,s4 ,customs and ,border ,protection multiple times during the report year4 #ajd4 ,maritime border security review 7a7 ,short title ,this section may be cited as the ,maritime ,border ,security ,review ,act4 7b7 ,maritime border threat analysis 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit a maritime border threat analysis to the appropriate congressional committees1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,contents ,the analysis under paragraph 7#a7 shall include an identification and description of-- 7,a7 current and potential terrorism and criminal threats posed by individuals and groups seeking to-- 7i7 enter the ,united ,states through the maritime border2 or 7ii7 exploit border vulnerabilities on the maritime border2 7,b7 improvements needed at ,united ,states sea ports-- 7i7 to prevent terrorists and instruments of terror from entering the ,united ,states2 and 7ii7 to reduce criminal activity1 as measured by the total flow of illegal goods and illicit drugs1 related to the maritime border2 7,c7 improvements needed with respect to the maritime border-- 7i7 to prevent terrorists and instruments of terror from entering the ,united ,states2 and 7ii7 to reduce criminal activity related to the maritime border2 7,d7 vulnerabilities in law1 policy1 cooperation between ,state1 territorial1 and local law enforcement1 or international agreements that hinder effective and efficient border security1 counterterrorism1 anti-human trafficking efforts1 and the flow of legitimate trade with respect to the maritime border2 and 7,e7 metrics and performance parameters used by the ,department of ,homeland ,security to evaluate maritime security effectiveness1 as appropriate4 7#c7 ,analysis requirements ,in preparing the analysis under paragraph 7#a71 the ,secretary shall consider and examine-- 7,a7 technology needs and challenges2 7,b7 personnel needs and challenges2 7,c7 the role of ,state1 territorial1 and local law enforcement in general border security activities2 7,d7 the need for cooperation among ,federal1 ,state1 territorial1 local1 and appropriate international law enforcement entities relating to border security2 7,e7 the geographic challenges of the maritime border2 and 7,f7 the impact and consequences of ,hurricanes ,harvey1 ,irma1 ,maria1 and ,nate on general border security activities with respect to the maritime border4 7#d7 ,classified threat analysis ,to the extent possible1 the ,secretary shall submit the analysis required under this subsection in unclassified form4 ,the ,secretary may submit a portion of the analysis in classified form if the ,secretary determines that such form is appropriate for such portion4 ,,ii ,border ,security ,technology ,accountability #bja4 ,short title ,this title may be cited as the ,border ,security ,technology ,accountability ,act of #bjah4 #bjb4 ,border security technology accountability 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 ,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 7b7 ,adherence to standards ,the ,secretary1 acting through the ,under ,secretary for ,management and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall ensure that 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 proper program management of border security technology acquisition programs under this section4 7c7 ,plan ,the ,secretary1 acting through the ,under ,secretary for ,management1 and in coordination with the ,under ,secretary for ,science and ,technology and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall submit a plan to the appropriate congressional committees for testing and evaluation1 and the use of independent verification and validation resources1 for border security technology so that new border security technologies are 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 effectiveness of taxpayer dollars4 7d7 ,major acquisition program defined ,in this section1 the term major acquisition program means a ,department acquisition program 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 4 7b7 ,clerical amendment ,the table of contents 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 #bjc4 ,prohibition on additional authorization of appropriations ,no additional funds are authorized to be appropriated to carry out this title or the amendments made by this title4 ,this title and such amendments shall be carried out using amounts otherwise available for such purposes4 ,,iii ,secure ,mail ,initiative #cja4 ,short title ,this title may be cited as the ,strengthening the ,department of ,homeland ,security ,secure ,mail ,initiative ,act4 #cjb4 ,definitions ,in this title3 7#a7 ,hold for pickup service2 signature confirmation service ,the terms ,hold for ,pickup service and ,signature ,confirmation service refer to the services described in sections #ejg4c4j and #ejc4h4a4a4;a1 respectively1 of the ,domestic ,mail ,manual 7or any successor services74 7#b7 ,immigration examinations fee account ,the term ,immigration ,examinations ,fee ,account means the account established under section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m774 7#c7 ,postal service ,the term ,postal ,service means the ,united ,states ,postal ,service4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #cjc4 ,offering ,hold for ,pickup and ,signature ,confirmation services under the ,secure ,mail ,initiative 7a7 ,in general ,beginning not later than #a year after the date of the enactment of this ,act1 the ,secretary shall provide for an option under the ,secure ,mail ,initiative 7or any successor program7 under which a person to whom a document is sent under that initiative may elect1 except as provided in subsection 7e71 to have the ,postal ,service use the ,hold for ,pickup service or the ,signature ,confirmation service in delivering the document4 7b7 ,fee 7#a7 ,in general ,the ,secretary1 in accordance with section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m771 shall require the payment of a fee from a person electing a service under subsection 7a71 which shall be set at a level that ensures recovery of-- 7,a7 the full costs of providing all such services2 and 7,b7 any additional costs associated with the administration of the fees collected4 7#b7 ,allocation of funds ,of the fees collected under paragraph 7#a71 the ,secretary shall-- 7,a7 deposit as offsetting receipts into the ,immigration ,examinations ,fee ,account the portion representing-- 7i7 the cost to the ,secretary of providing the services under subsection 7a72 and 7ii7 any additional costs associated with the administration of the fees collected2 and 7,b7 transfer to the ,postal ,service the portion representing the cost to the ,postal ,service of providing the services under subsection 7a74 7c7 ,rulemaking ,the ,postal ,service may promulgate regulations that-- 7#a7 subject to paragraph 7#b71 minimize the cost of providing the services under subsection 7a72 and 7#b7 do not require the ,postal ,service to incur additional expenses that are not recoverable under subsection 7b74 7d7 ,notice of changes ,the ,postal ,service shall notify the ,secretary of any changes to the ,hold for ,pickup service or the ,signature ,confirmation service4 7e7 ,use of private carrier 7#a7 ,in general ,if the ,secretary determines that a private carrier that offers substantially similar services to the ,hold for ,pickup and ,signature ,confirmation services would provide better service and value than the ,postal ,service provides under subsection 7a71 the ,secretary may1 in accordance with paragraph 7#b7 of this subsection-- 7,a7 discontinue use of the services of the ,postal ,service under subsection 7a72 and 7,b7 enter into a contract with the private carrier under which a person to whom a document is sent under the ,secure ,mail ,initiative 7or any successor program7 may elect to have the private carrier use one of the substantially similar services in delivering the document4 7#b7 ,requirements ,the ,secretary may not exercise the authority under paragraph 7#a7 unless the ,secretary-- 7,a7 determines1 and notifies the ,postal ,service1 that the private carrier offers services that are substantially similar to the ,hold for ,pickup and ,signature ,confirmation services2 7,b7 provides for an option under the ,secure ,mail ,initiative 7or any successor program7 under which a person to whom a document is sent under that initiative may elect a service under paragraph 7#a77;,b72 7,c7 requires the payment of a fee from a person electing a service under paragraph 7#a77;,b71 which shall be set at a level that ensures recovery of-- 7i7 the full cost of contracting with the private carrier to provide all such services2 and 7ii7 any additional costs associated with the administration of the fees collected2 and 7,d7 deposits the fees collected under subparagraph 7,c7 as offsetting receipts into the ,immigration ,examinations ,fees ,account4 #cjd4 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit a report to ,congress that describes-- 7#a7 the implementation of the requirements under section #cjc2 7#b7 the fee imposed under subsection 7b7 or 7e77#b77;,c71 as applicable1 of section #cjc2 and 7#c7 the number of times during the previous year that a person used a service under subsection 7a7 or 7e77#a77;,b7 of section #cjc4 ,,iv ,hiring and ,retention #dja4 ,short titles ,this title may be cited as the ,u4,s4 ,customs and ,border ,protection ,hiring and ,retention ,act of #bjah or the ,,cbp ,hi,re ,act4 #djb4 ,flexibility in employment authorities 7a7 ,in general ,chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection employment authorities 7a7 ,definitions ,in this section-- 7#a7 the term ,,cbp employee means an employee of ,u4,s4 ,customs and ,border ,protection2 7#b7 the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7#c7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#d7 the term rural or remote area means an area within the ,united ,states that is not within an area defined and designated as an urbanized area by the ,bureau of the ,census in the most recently completed decennial census2 and 7#e7 the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,demonstration of recruitment and retention difficulties in rural or remote areas 7#a7 ,in general ,for purposes of subsections 7c7 and 7d71 the ,secretary shall determine1 for a rural or remote area1 whether there is-- 7,a7 a critical hiring need in the area2 and 7,b7 a direct relationship between-- 7i7 the rural or remote nature of the area2 and 7ii7 difficulty in the recruitment and retention of ,,cbp employees in the area4 7#b7 ,factors ,to inform the determination of a direct relationship under paragraph 7#a77;,b71 the ,secretary may consider evidence-- 7,a7 that the ,secretary-- 7i7 is unable to efficiently and effectively recruit individuals for positions as ,,cbp employees1 which may be demonstrated with various types of evidence1 including-- 7,i7 evidence that multiple positions have been continuously vacant for significantly longer than the national average period for which similar positions in ,u4,s4 ,customs and ,border ,protection are vacant2 and 7,,ii7 recruitment studies that demonstrate the inability of the ,secretary to efficiently and effectively recruit ,,cbp employees for positions in the area2 or 7ii7 experiences a consistent inability to retain ,,cbp employees that negatively impacts agency operations at a local or regional level2 or 7,b7 of any other inability1 directly related to recruitment or retention difficulties1 that the ,secretary determines sufficient4 7c7 ,direct hire authority2 recruitment and relocation bonuses2 retention bonuses 7#a7 ,direct hire authority 7,a7 ,in general ,the ,secretary may appoint1 without regard to any provision of sections #ccji through #ccai1 candidates to positions in the competitive service as ,,cbp employees1 in a rural or remote area1 if the ,secretary-- 7i7 determines that-- 7,i7 there is a critical hiring need2 and 7,,ii7 there exists a severe shortage of qualified candidates because of the direct relationship identified by the ,secretary under subsection 7b77#a77;,b7 of this section between-- 7aa7 the rural or remote nature of the area2 and 7bb7 difficulty in the recruitment and retention of ,,cbp employees in the area2 and 7ii7 has given public notice for the positions4 7,b7 ,prioritization of hiring veterans ,if the ,secretary uses the direct hiring authority under subparagraph 7,a71 the ,secretary shall apply the principles of preference for the hiring of veterans established under subchapter ,i of chapter #cc4 7#b7 ,recruitment and relocation bonuses ,the ,secretary may pay a bonus to an individual 7other than an individual described in subsection 7a77#b7 of section #egec7 if-- 7,a7 the ,secretary determines that-- 7i7 conditions consistent with the conditions described in paragraphs 7#a7 and 7#b7 of subsection 7b7 of such section #egec are satisfied with respect to the individual 7without regard to any other provision of that section72 and 7ii7 the position to which the individual is appointed or to which the individual moves or must relocate-- 7,i7 is a position as a ,,cbp employee2 and 7,,ii7 is in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b7 of this section between-- 7aa7 the rural or remote nature of the area2 and 7bb7 difficulty in the recruitment and retention of ,,cbp employees in the area2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#c7 ,retention bonuses ,the ,secretary may pay a retention bonus to a ,,cbp employee 7other than an individual described in subsection 7a77#b7 of section #eged7 if-- 7,a7 the ,secretary determines that-- 7i7 a condition consistent with the condition described in subsection 7b77#a7 of such section #eged is satisfied with respect to the ,,cbp employee 7without regard to any other provision of that section72 7ii7 the ,,cbp employee is employed in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b7 of this section between-- 7,i7 the rural or remote nature of the area2 and 7,,ii7 difficulty in the recruitment and retention of ,,cbp employees in the area2 and 7iii7 in the absence of a retention bonus1 the ,,cbp employee would be likely to leave-- 7,i7 the ,federal service2 or 7,,ii7 for a different position in the ,federal service1 including a position in another agency or component of the ,department of ,homeland ,security2 and 7,b7 the individual enters into a written service agreement with the ,secretary-- 7i7 under which the individual is required to complete a period of employment as a ,,cbp employee of not less than #b years2 and 7ii7 that includes-- 7,i7 the commencement and termination dates of the required service period 7or provisions for the determination thereof72 7,,ii7 the amount of the bonus2 and 7,,iii7 other terms and conditions under which the bonus is payable1 subject to the requirements of this subsection1 including-- 7aa7 the conditions under which the agreement may be terminated before the agreed-upon service period has been completed2 and 7bb7 the effect of a termination described in item 7aa74 7#d7 ,rules for bonuses 7,a7 ,maximum bonus ,a bonus paid to an employee under-- 7i7 paragraph 7#b7 may not exceed #ajj percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period2 and 7ii7 paragraph 7#c7 may not exceed #ej percent of the annual rate of basic pay of the employee as of the commencement date of the applicable service period4 7,b7 ,relation to basic pay ,a bonus paid to an employee under paragraph 7#b7 or 7#c7 shall not be considered part of the basic pay of the employee for any purpose4 7#e7 ,,opm oversight ,the ,director shall1 to the extent practicable-- 7,a7 set aside a determination of the ,secretary under this subsection if the ,director finds substantial evidence that the ,secretary abused the discretion of the ,secretary in making the determination2 and 7,b7 oversee the compliance of the ,secretary with this subsection4 7d7 ,special pay authority ,in addition to the circumstances described in subsection 7b7 of section #ecje1 the ,director may establish special rates of pay in accordance with that section if the ,director finds that the recruitment or retention efforts of the ,secretary with respect to positions for ,,cbp employees in an area or location are1 or are likely to become1 significantly handicapped because the positions are located in a rural or remote area for which the ,secretary has identified a direct relationship under subsection 7b77#a77;,b7 of this section between-- 7#a7 the rural or remote nature of the area2 and 7#b7 difficulty in the recruitment and retention of ,,cbp employees in the area4 7e7 ,regular ,,cbp review 7#a7 ,ensuring flexibilities meet ,,cbp needs ,each year1 the ,secretary shall review the use of hiring flexibilities under subsections 7c7 and 7d7 to fill positions at a location in a rural or remote area to determine-- 7,a7 the impact of the use of those flexibilities on solving hiring and retention challenges at the location2 7,b7 whether hiring and retention challenges still exist at the location2 and 7,c7 whether the ,secretary needs to continue to use those flexibilities at the location4 7#b7 ,consideration ,in conducting the review under paragraph 7#a71 the ,secretary shall consider-- 7,a7 whether any ,,cbp employee accepted an employment incentive under subsection 7c7 or 7d7 and then transferred to a new location or left ,u4,s4 ,customs and ,border ,protection2 and 7,b7 the length of time that each employee identified under subparagraph 7,a7 stayed at the original location before transferring to a new location or leaving ,u4,s4 ,customs and ,border ,protection4 7#c7 ,distribution ,the ,secretary shall submit to ,congress a report on each review required under paragraph 7#a74 7f7 ,improving ,,cbp hiring and retention 7#a7 ,education of ,,cbp hiring officials ,not later than #ahj days after the date of the enactment of the ,,cbp ,hi,re ,act1 and in conjunction with the ,chief ,human ,capital ,officer of the ,department of ,homeland ,security1 the ,secretary shall develop and implement a strategy to improve education regarding hiring and human resources flexibilities 7including hiring and human resources flexibilities for locations in rural or remote areas7 for all employees1 serving in agency headquarters or field offices1 who are involved in the recruitment1 hiring1 assessment1 or selection of candidates for locations in a rural or remote area1 as well as the retention of current employees4 7#b7 ,elements ,elements of the strategy under paragraph 7#a7 shall include the following3 7,a7 ,developing or updating training and educational materials on hiring and human resources flexibilities for employees who are involved in the recruitment1 hiring1 assessment1 or selection of candidates1 as well as the retention of current employees4 7,b7 ,regular training sessions for personnel who are critical to filling open positions in rural or remote areas4 7,c7 ,the development of pilot programs or other programs1 as appropriate1 to address identified hiring challenges in rural or remote areas4 7,d7 ,developing and enhancing strategic recruiting efforts through relationships with institutions of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 veterans transition and employment centers1 and job placement program in regions that could assist in filling positions in rural or remote areas4 7,e7 ,examination of existing agency programs on how to most effectively aid spouses and families of individuals who are candidates or new hires in a rural or remote area4 7,f7 ,feedback from individuals who are candidates or new hires at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for new hires and their families4 7,g7 ,feedback from ,,cbp employees1 other than new hires1 who are stationed at locations in a rural or remote area1 including feedback on the quality of life in rural or remote areas for those ,,cbp employees and their families4 7,h7 ,evaluation of ,department of ,homeland ,security internship programs and the usefulness of those programs in improving hiring by the ,secretary in rural or remote areas4 7#c7 ,evaluation 7,a7 ,in general ,each year1 the ,secretary shall -- 7i7 evaluate the extent to which the strategy developed and implemented under paragraph 7#a7 has improved the hiring and retention ability of the ,secretary2 and 7ii7 make any appropriate updates to the strategy under paragraph 7#a74 7,b7 ,information ,the evaluation conducted under subparagraph 7,a7 shall include-- 7i7 any reduction in the time taken by the ,secretary to fill mission-critical positions in rural or remote areas2 7ii7 a general assessment of the impact of the strategy developed and implemented under paragraph 7#a7 on hiring challenges in rural or remote areas2 and 7iii7 other information the ,secretary determines relevant4 7g7 ,inspector ,general review ,not later than #b years after the date of the enactment of the ,,cbp ,hi,re ,act1 the ,inspector ,general of the ,department of ,homeland ,security shall review the use of hiring flexibilities by the ,secretary under subsections 7c7 and 7d7 to determine whether the use of those flexibilities is helping the ,secretary meet hiring and retention needs in rural and remote areas4 7h7 ,report on polygraph requests ,the ,secretary shall report to ,congress on the number of requests the ,secretary receives from any other ,federal agency for the file of an applicant for a position in ,u4,s4 ,customs and ,border ,protection that includes the results of a polygraph examination4 7i7 ,exercise of authority 7#a7 ,sole discretion ,the exercise of authority under subsection 7c7 shall be subject to the sole and exclusive discretion of the ,secretary 7or the ,commissioner1 as applicable under paragraph 7#b7 of this subsection71 notwithstanding chapter #ga4 7#b7 ,delegation 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may delegate any authority under this section to the ,commissioner4 7,b7 ,oversight ,the ,commissioner may not make a determination under subsection 7b77#a7 unless the ,secretary approves the determination4 7j7 ,rule of construction ,nothing in this section shall be construed to exempt the ,secretary or the ,director from the applicability of the merit system principles under section #bcja4 7k7 ,sunset ,the authorities under subsections 7c7 and 7d7 shall terminate on the date that is #e years after the date of the enactment of the ,,cbp ,hi,re ,act4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #ig of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #igjb4 ,u4,s4 ,customs and ,border ,protection employment authorities4 4 ,v ,anti-,border ,corruption #eja4 ,short title ,this title may be cited as the ,anti-,border ,corruption ,reauthorization ,act of #bjah4 #ejb4 ,hiring flexibility ,section #c of the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf2 #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 under the following circumstances3 7#a7 ,in the case of a current1 full-time law enforcement officer employed by a ,state or local law enforcement agency1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 is authorized by law to engage in or supervise the prevention1 detection1 investigation1 or prosecution of1 or the incarceration of any person for1 any violation of law1 and has statutory powers for arrest or apprehension2 7,c7 is not currently under investigation1 has not been found to have engaged in criminal activity or serious misconduct1 has not resigned from a law enforcement officer position under investigation or in lieu of termination1 and has not been dismissed from a law enforcement officer position2 and 7,d7 has1 within the past ten years1 successfully completed a polygraph examination as a condition of employment with such officer's current law enforcement agency4 7#b7 ,in the case of a current1 full-time ,federal law enforcement officer1 if such officer-- 7,a7 has served as a law enforcement officer for not fewer than three years with no break in service2 7,b7 has authority 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 investigation4 7#c7 ,in the case of an individual who is a member of the ,armed ,forces 7or a reserve component thereof7 or a veteran1 if such individual-- 7,a7 has served in the ,armed ,forces for not fewer than three years2 7,b7 holds1 or has held within the past five years1 a ,secret1 ,top ,secret1 or ,top ,secret_/,sensitive ,compartmented ,information clearance2 7,c7 holds1 or has undergone within the past five years1 a current ,tier #d background investigation or current ,tier #e background investigation2 7,d7 received1 or is eligible to receive1 an honorable discharge from service in the ,armed ,forces and has not engaged in criminal activity or committed a serious military or civil offense under the ,uniform ,code of ,military ,justice2 and 7,e7 was not granted any waivers to obtain the clearance referred to in 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 ,anti-,border ,corruption ,reauthorization ,act of #bjah4 4 #ejc4 ,supplemental ,commissioner authority and definitions 7a7 ,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 who holds a current ,tier #d background investigation shall be subject to a ,tier #e background investigation4 7c7 ,administration of polygraph examination ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under section #c7;b7 if information is discovered before the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment1 as the case may be4 4 7b7 ,report ,the ,anti-,border ,corruption ,act of #bjaj 7,public ,law #aaa-cgf7 is amended by adding at the end the following3 #e4 ,reporting requirements 7a7 ,annual report ,not later than #a year after the date of the enactment of the ,anti-,border ,corruption ,reauthorization ,act of #bjah1 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 the 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 7c7 ,definitions ,the ,anti-,border ,corruption ,act of #bjaj1 as amended by this title1 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 under section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code4 7#b7 ,serious military or civil offense ,the term serious military or civil offense means an offense for which-- 7,a7 a member of the ,armed ,forces may be discharged or separated from service in the ,armed ,forces2 and 7,b7 a punitive discharge is1 or would be1 authorized for the same or a closely related offense under the ,manual for ,courts-,martial1 pursuant to ,army ,regulation #fce-bjj chapter #ad-ab4 7#c7 ,tier #d2 ,tier #e ,the terms ,tier #d and ,tier #e1 with respect to background investigations1 have the meanings given such terms under the #bjab ,federal ,investigative ,standards4 7#d7 ,veteran ,the term veteran has the meaning given such term in section #aja7b7 of title #ch1 ,united ,states ,code4 4 ,,vi ,keeping ,families ,together ,while ,enforcing the ,law #fja4 ,short title ,this title may be cited as the ,keep ,families ,together and ,enforce the ,law ,act4 #fjb4 ,family unification 7a7 ,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 ,protective custody of arriving alien children accompanied by parents 7#a7 ,in general ,notwithstanding any other provision of law1 including section #cadb of title #ah1 ,united ,states ,code1 any judicial determination 7including any judicial determination made in ,flores v4 ,sessions et4 al41 7#ith ,cir4 ,july #e1 #bjag2 ,c4,d4 ,,ca4 ,july #bd1 #bjae771 consent decree1 or settlement agreement issued before the date of enactment of the ,keep ,families ,together and ,enforce the ,law ,act1 and section #bcf4c of title #h1 ,code of ,federal ,regulations 7or a successor regulation71 the ,secretary of ,homeland ,security shall not use any appropriated funds or be required to implement the terms of the stipulated settlement agreement filed on ,january #ag1 #aiig1 in the ,united ,states ,district ,court for the ,central ,district of ,california in ,flores v4 ,reno1 ,,cv #he-dedd-,,rjk1 7commonly known as the 8,flores settlement agreement07 in the case of an alien child under the age of #ah years who is-- 7,a7 accompanied by a parent2 and 7,b7 7i7 apprehended at or near the international border of the ,united ,states2 or 7ii7 seeking admission to the ,united ,states at a port of entry4 7#b7 ,family unit residential centers 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary of ,homeland ,security shall temporarily house an alien child under the age of #ah years described in paragraph 7#a7 together with the parent of the child in a family residential center maintained by the ,secretary of ,homeland ,security during the pendency of civil or criminal proceedings4 7,b7 ,exception ,the ,secretary of ,homeland ,security shall not temporarily house an alien child described in subparagraph 7,a7 in the manner described in that subparagraph if the ,secretary of ,homeland ,security-- 7i7 is unable to verify that an individual accompanying the alien child is the parent of the alien child2 7ii7 determines that the accompanying parent of the alien child-- 7,i7 has a violent criminal history2 or 7,,ii7 has committed or been convicted of-- 7aa7 an aggravated felony under section #aja7;a77#dc72 7bb7 a crime involving the attempted use of physical force or threatened use of a deadly weapon2 7cc7 an assault resulting in bodily injury 7as defined in section #bbff of title #ah1 ,united ,states ,code72 or 7dd7 an offense described in section #bab7;a77#b7 or #bcg7;a77#b72 7iii7 determines that the alien child is or has been a victim of domestic abuse or sexual abuse2 or 7iv7 the alien child is-- 7,i7 a victim of trafficking2 7,,ii7 at risk of becoming a victim of trafficking2 7,,iii7 in danger of abuse or neglect at the hands of the accompanying parent of the alien child2 or 7,,iv7 a danger to himself or herself or to others4 7,c7 ,conditions for custody ,the ,secretary of ,homeland ,security shall ensure that each-- 7i7 family residential facility is secure and safe2 and 7ii7 alien child and accompanying parent at a family residential facility has-- 7,i7 suitable living accommodations2 7,,ii7 access to drinking water and food2 7,,iii7 medical assistance in case of emergencies2 and 7,,iv7 any other service necessary for the adequate care of a minor child4 7#c7 ,protective custody of accompanied alien children ineligible for housing in a family residential center ,if an alien child described in paragraph 7#a7 may not be housed with the accompanying parent of the alien child in a family residential center under paragraph 7#b77;,a71 the alien child shall be treated as an unaccompanied alien child under the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb et seq474 7#d7 ,prioritization of accompanied minor and family unit proceedings ,to the maximum extent practicable1 the ,secretary of ,homeland ,security and the ,attorney ,general shall prioritize civil and criminal proceedings and decisions on requests for relief from removal of accompanied alien children and families who are in custody under this subsection4 4 7b7 ,family residential facilities ,the ,secretary of ,homeland ,security shall enter into one or more interagency agreements with the ,attorney ,general to secure additional family residential centers to house accompanied alien children and parents of such children under section #bce7;e7 of the ,immigration and ,nationality ,act during the pendency of civil or criminal proceedings4 7c7 ,applicability ,the amendments made by this ,act shall apply regardless of the date on which an action giving rise to the admissibility or custody of the accompanied child or parent occurs4 #fjc4 ,additional family residential center capacity 7a7 ,detention space ,the ,secretary of ,homeland ,security shall acquire or construct sufficient detention space to accommodate the number of families detained in accordance with section #bce7;e77#b7 of the ,immigration and ,nationality ,act1 as amended by section #fjb7;a74 7b7 ,family residential beds ,the ,secretary of ,homeland ,security shall increase the number of available family residential beds by not less than #a1jjj1 compared to the number of such beds available on the date of the enactment of this ,act4 #fjd4 ,emergency immigration judge resources ,the ,attorney ,general shall increase the number of immigration judge teams by not less than #bbe1 as compared to the number of immigration judge teams on the date of enactment of this ,act1 including for the purpose of conducting prioritized proceedings for accompanied alien children and families-- 7#a7 apprehended at or near the southwest border of the ,united ,states2 or 7#b7 who are seeking admission to the ,united ,states at a port of entry4