S.Amdt.1958. Immigration Reform Act of 2018

United States Senate
Last action 10 months ago
Polls (open):

Summary

                                            TITLE I--BORDER SECURITY

   Subtitle A--Appropriations for U.S. Customs and Border Protection

     SEC. 101. OPERATIONS AND SUPPORT.

       There is appropriated, out of any money in the Treasury not       otherwise appropriated, for the fiscal year ending September       30, 2018, and in addition to any amounts otherwise provided       in such fiscal year, $675,000,000 to U.S. Customs and Border       Protection for ``Operations and Support'', to remain       available until September 30, 2019, which shall be available       as follows:
                
Advertisment
why ads?


                           (1) $531,000,000 for--        (A) border security technologies;        (B) facilities;        (C) equipment; and        (D) the purchase, maintenance, or operation of marine       vessels, aircraft, and unmanned aerial systems.

       (2) $48,000,000 for retention, recruitment, and relocation       of Border Patrol Agents, Customs Officers, and Air and Marine       personnel.

       (3) $75,000,000 to hire 615 additional U.S. Customs and       Border Protection Officers for deployment to ports of entry.

       (4) $21,000,000 for data circuits and network bandwidth       surveillance and associated personnel.

     SEC. 102. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS.

       There is appropriated, out of any money in the Treasury not       otherwise appropriated, for the fiscal year ending September       30, 2018, and in addition to any amounts otherwise provided       in such fiscal year, $2,030,239,000 for ``Procurement,       Construction, and Improvements'', to remain available until       September 30, 2022, which shall be available as follows:

       (1) $784,000,000 for 32 miles of border bollard fencing in       the Rio Grande Valley Sector, Texas.

       (2) $498,000,000 for 28 miles of a bollard levee fencing in       the Rio Grande Valley Sector, Texas.

[[Page S973]]

       (3) $251,000,000 for 14 miles of secondary fencing in the       San Diego Sector, California.

       (4) $444,000,000 for border security technologies, marine       vessels, aircraft unmanned aerial systems, facilities, and       equipment.

       (5) $38,239,000 to prepare the reports required under       subsections (b) and (c) of section 103.

       (6) $15,000,000 for chemical screening devices (as defined       in section 2 of the INTERDICT Act (Public Law 115-112)).

     SEC. 103. ADMINISTRATIVE PROVISIONS.

       (a) Limitation.--Amounts appropriated under paragraphs (1)       through (3) of section 102 shall only be available for       operationally effective designs deployed as of the date of       the enactment of the Consolidated Appropriations Act, 2017       (Public Law 115-31), such as currently deployed steel bollard       designs, that prioritize agent safety.

       (b) Interim Report.--Not later than 90 days after the date       of the enactment of this Act, the Secretary of Homeland       Security shall submit an interim report to the Committee on       Appropriations of the Senate, the Committee on Homeland       Security and Governmental Affairs of the Senate, the       Committee on Appropriations of the House of Representatives,       and the Comptroller General of the United States that--        (1) identifies, with respect to the physical barriers       described in paragraphs (1) through (3) of section 102--        (A) all necessary land acquisitions;        (B) the total number of necessary condemnation actions; and        (C) the precise number of landowners that will be impacted       by the construction of such physical barriers;        (2) contains a comprehensive plan to consult State and       local elected officials on the eminent domain and       construction process relating to such physical barriers;        (3) provides, after consultation with the Secretary of the       Interior and the Administrator of the Environmental       Protection Agency, a comprehensive analysis of the       environmental impacts of the construction and placement of       such physical barriers along the Southwest border, including       barriers in the Santa Ana National Wildlife Refuge; and        (4) includes, for each barrier segment described in       paragraphs (1) through (3) of section 102, a thorough       analysis and comparison of alternatives to a physical barrier       to determine the most cost effective security solution,       including--        (A) underground sensors;        (B) infrared or other day/night cameras;        (C) tethered or mobile aerostats;        (D) drones or other airborne assets;        (E) integrated fixed towers; and        (F) the deployment of additional border personnel.

       (c) Annual Reports.--Not later than 180 days after the date       of the enactment of this Act, and annually thereafter, the       Secretary of Homeland Security shall submit a report       containing all of the information required under paragraphs       (1) through (4) of subsection (b) to the Committee on       Appropriations of the Senate, the Committee on Homeland       Security and Governmental Affairs of the Senate, the       Committee on Appropriations of the House of Representatives,       and the Comptroller General of the United States.

       (d) GAO Evaluation.--Not later than 180 days after the date       on which the Secretary of Homeland Security submits each       report described in subsections (b) and (c), the Comptroller       General of the United States shall submit an evaluation of       the strengths and weaknesses of the report to the Committee       on Appropriations of the Senate, the Committee on Homeland       Security and Governmental Affairs of the Senate, and the       Committee on Appropriations of the House of Representatives.

       (e) Rescission.--Notwithstanding any other provision of       law, any amounts appropriated under paragraphs (1) through       (3) of section 102 that remain available after the completion       of the construction projects described in such paragraphs       shall be rescinded and returned to the general fund of the       Treasury.

       (f) Prohibition.--Notwithstanding any other provision of       law, none of the amounts appropriated under this subtitle may       be reprogrammed or transferred for any other activity within       the Department of Homeland Security.

            Subtitle B--Improving Border Safety and Security

     SEC. 111. BORDER ACCESS ROADS.

       (a) Construction.--        (1) In general.--The Secretary of Homeland Security shall       construct roads along the Southern land border of the United       States to facilitate safe and swift access for U.S. Customs       and Border Protection personnel to access the border for       purposes of patrol and apprehension.

       (2) Types of roads.--The roads constructed under paragraph       (1) shall include--        (A) access roads;        (B) border roads;        (C) patrol roads; and        (D) Federal, State, local, and privately-owned roads.

       (b) Maintenance.--The Secretary of Homeland Security, in       partnership with local stakeholders, shall maintain roads       used for patrol and apprehension.

       (c) Policy Guidance.--The Secretary of Homeland Security       shall--        (1) develop such policies and guidance for documenting       agreements with landowners relating to the construction of       roads under subsection (a) as the Secretary determines to be       necessary;        (2) share the policies and guidance developed under       paragraph (1) with each Border Patrol Sector of U.S. Customs       and Border Protection;        (3) document and communicate the process and criteria for       prioritizing funding for operational roads not owned by the       Federal Government; and        (4) assess the feasibility of options for addressing the       maintenance of non-Federal public roads, including any data       needs relating to such maintenance.

     SEC. 112. FLEXIBILITY IN EMPLOYMENT AUTHORITIES.

       (a) In General.--Chapter 97 of title 5, United States Code,       is amended by adding at the end the following:

     ``Sec. 9702. U.S. Customs and Border Protection employment         authorities

       ``(a) Definitions.--In this section--        ``(1) the term `CBP employee' means an employee of U.S.       Customs and Border Protection;        ``(2) the term `Commissioner' means the Commissioner of       U.S. Customs and Border Protection;        ``(3) the term `Director' means the Director of the Office       of Personnel Management;        ``(4) the term `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       during the most recently completed decennial census; and        ``(5) the term `Secretary' means the Secretary of Homeland       Security.

       ``(b) Demonstration of Recruitment and Retention       Difficulties in Rural or Remote Areas.--        ``(1) In general.--For purposes of subsections (c) and (d),       the Secretary shall determine, for a rural or remote area,       whether there is--        ``(A) a critical hiring need in the area; and        ``(B) a direct relationship between--        ``(i) the rural or remote nature of the area; and        ``(ii) difficulty in the recruitment and retention of CBP       employees in the area.

       ``(2) Factors.--To inform the determination of a direct       relationship under paragraph (1)(B), the Secretary may       consider evidence--        ``(A) that the Secretary--        ``(i) is unable to efficiently and effectively recruit       individuals for positions as CBP employees, which may be       demonstrated with various types of evidence, including--

       ``(I) evidence that multiple positions have been       continuously vacant for significantly longer than the       national average period for which similar positions in U.S.       Customs and Border Protection are vacant; or        ``(II) recruitment studies that demonstrate the inability       of the Secretary to efficiently and effectively recruit CBP       employees for positions in the area; or

       ``(ii) experiences a consistent inability to retain CBP       employees that negatively impacts agency operations at a       local or regional level; or        ``(B) of any other inability, directly related to       recruitment or retention difficulties, that the Secretary       determines sufficient.

       ``(c) Direct Hire Authority; Recruitment and Relocation       Bonuses; Retention Bonuses.--        ``(1) Direct hire authority.--        ``(A) In general.--The Secretary may appoint, without       regard to any provision of sections 3309 through 3319,       candidates to positions in the competitive service as CBP       employees, in a rural or remote area, if the Secretary--        ``(i) determines that--

       ``(I) there is a critical hiring need; and        ``(II) there exists a severe shortage of qualified       candidates because of the direct relationship identified by       the Secretary under subsection (b)(1)(B) of this section       between--

       ``(aa) the rural or remote nature of the area; and        ``(bb) difficulty in the recruitment and retention of CBP       employees in the area; and        ``(ii) has given public notice for the positions.

       ``(B) Prioritization of hiring veterans.--If the Secretary       uses the direct hiring authority under subparagraph (A), the       Secretary shall apply the principles of preference for the       hiring of veterans established under subchapter I of chapter       33.

       ``(2) Recruitment and relocation bonuses.--The Secretary       may pay a bonus to an individual (other than an individual       described in subsection (a)(2) of section 5753) if--        ``(A) the Secretary determines that--        ``(i) conditions consistent with the conditions described       in paragraphs (1) and (2) of subsection (b) of such section       5753 are satisfied with respect to the individual (without       regard to any other provision of that section); and        ``(ii) the position to which the individual is appointed or       to which the individual moves or must relocate--

       ``(I) is a position as a CBP employee; and        ``(II) is in a rural or remote area for which the Secretary       has identified a direct relationship under subsection       (b)(1)(B) of this section between--

       ``(aa) the rural or remote nature of the area; and        ``(bb) difficulty in the recruitment and retention of CBP       employees in the area; and        ``(B) the individual enters into a written service       agreement with the Secretary--

[[Page S974]]

       ``(i) under which the individual is required to complete a       period of employment as a CBP employee of not less than 2       years; and        ``(ii) that includes--

       ``(I) the commencement and termination dates of the       required service period (or provisions for the determination       thereof);        ``(II) the amount of the bonus; and        ``(III) other terms and conditions under which the bonus is       payable, subject to the requirements of this subsection,       including--

       ``(aa) the conditions under which the agreement may be       terminated before the agreed-upon service period has been       completed; and        ``(bb) the effect of a termination described in item (aa).

       ``(3) Retention bonuses.--The Secretary may pay a retention       bonus to a CBP employee (other than an individual described       in subsection (a)(2) of section 5754) if--        ``(A) the Secretary determines that--        ``(i) a condition consistent with the condition described       in subsection (b)(1) of such section 5754 is satisfied with       respect to the CBP employee (without regard to any other       provision of that section);        ``(ii) the CBP employee is employed in a rural or remote       area for which the Secretary has identified a direct       relationship under subsection (b)(1)(B) of this section       between--

       ``(I) the rural or remote nature of the area; and        ``(II) difficulty in the recruitment and retention of CBP       employees in the area; and

       ``(iii) in the absence of a retention bonus, the CBP       employee would be likely to leave--

       ``(I) the Federal service; or        ``(II) for a different position in the Federal service,       including a position in another agency or component of the       Department of Homeland Security; and

       ``(B) the individual enters into a written service       agreement with the Secretary--        ``(i) under which the individual is required to complete a       period of employment as a CBP employee of not less than 2       years; and        ``(ii) that includes--

       ``(I) the commencement and termination dates of the       required service period (or provisions for the determination       thereof);        ``(II) the amount of the bonus; and        ``(III) other terms and conditions under which the bonus is       payable, subject to the requirements of this subsection,       including--

       ``(aa) the conditions under which the agreement may be       terminated before the agreed-upon service period has been       completed; and        ``(bb) the effect of a termination described in item (aa).

       ``(4) Rules for bonuses.--        ``(A) Maximum bonus.--A bonus paid to an employee under--        ``(i) paragraph (2) may not exceed 100 percent of the       annual rate of basic pay of the employee as of the       commencement date of the applicable service period; and        ``(ii) paragraph (3) may not exceed 50 percent of the       annual rate of basic pay of the employee as of the       commencement date of the applicable service period.

       ``(B) Relation to basic pay.--A bonus paid to an employee       under paragraph (2) or (3) shall not be considered part of       the basic pay of the employee for any purpose.

       ``(5) OPM oversight.--The Director shall, to the extent       practicable--        ``(A) 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 determination; and        ``(B) oversee the compliance of the Secretary with this       subsection.

       ``(d) Special Pay Authority.--In addition to the       circumstances described in subsection (b) of section 5305,       the Director may establish special rates of pay in accordance       with that section if the Director finds that the recruitment       or retention efforts of the Secretary with respect to       positions for CBP employees in 1 or more areas or locations       are, or are likely to become, significantly handicapped       because the positions are located in a rural or remote area       for which the Secretary has identified a direct relationship       under subsection (b)(1)(B) of this section between--        ``(1) the rural or remote nature of the area; and        ``(2) difficulty in the recruitment and retention of CBP       employees in the area.

       ``(e) Regular CBP Review.--        ``(1) Ensuring flexibilities meet cbp needs.--Each year,       the Secretary shall review the use of hiring flexibilities       under subsections (c) and (d) to fill positions at a location       in a rural or remote area to determine--        ``(A) the impact of the use of those flexibilities on       solving hiring and retention challenges at the location;        ``(B) whether hiring and retention challenges still exist       at the location; and        ``(C) whether the Secretary needs to continue to use those       flexibilities at the location.

       ``(2) Consideration.--In conducting the review under       paragraph (1), the Secretary shall consider--        ``(A) whether any CBP employee accepted an employment       incentive under subsection (c) or (d) and then transferred to       a new location or left U.S. Customs and Border Protection;       and        ``(B) the length of time that each employee identified       under subparagraph (A) stayed at the original location before       transferring to a new location or leaving U.S. Customs and       Border Protection.

       ``(3) Distribution.--The Secretary shall submit to Congress       a report on each review required under paragraph (1).

       ``(f) Improving CBP Hiring and Retention.--        ``(1) Education of cbp hiring officials.--Not later than       180 days after the date of the enactment of the Immigration       Reform Act of 2018, and in conjunction with the Chief Human       Capital Officer of the Department of Homeland Security, the       Secretary shall develop and implement a strategy to improve       education regarding hiring and human resources flexibilities       (including hiring and human resources flexibilities for       locations in rural or remote areas) for all employees,       serving in agency headquarters or field offices, who are       involved in the recruitment, hiring, assessment, or selection       of candidates for locations in a rural or remote area, as       well as the retention of current employees.

       ``(2) Elements.--Elements of the strategy under paragraph       (1) shall include the following:

       ``(A) Developing or updating training and educational       materials on hiring and human resources flexibilities for       employees who are involved in the recruitment, hiring,       assessment, or selection of candidates, as well as the       retention of current employees.

       ``(B) Regular training sessions for personnel who are       critical to filling open positions in rural or remote areas.

       ``(C) The development of pilot programs or other programs,       as appropriate, to address identified hiring challenges in       rural or remote areas.

       ``(D) Developing and enhancing strategic recruiting efforts       through relationships with institutions of higher education,       as defined in section 102 of the Higher Education Act of 1965       (20 U.S.C. 1002), veterans transition and employment centers,       and job placement program in regions that could assist in       filling positions in rural or remote areas.

       ``(E) Examination of existing agency programs on how to       most effectively aid spouses and families of individuals who       are candidates or new hires in a rural or remote area.

       ``(F) Feedback from individuals who are candidates or new       hires at locations in a rural or remote area, including       feedback on the quality of life in rural or remote areas for       new hires and their families.

       ``(G) Feedback from CBP employees, other than new hires,       who are stationed at locations in a rural or remote area,       including feedback on the quality of life in rural or remote       areas for those CBP employees and their families.

       ``(H) Evaluation of Department of Homeland Security       internship programs and the usefulness of those programs in       improving hiring by the Secretary in rural or remote areas.

       ``(3) Evaluation.--        ``(A) In general.--Each year, the Secretary shall --        ``(i) evaluate the extent to which the strategy developed       and implemented under paragraph (1) has improved the hiring       and retention ability of the Secretary; and        ``(ii) make any appropriate updates to the strategy under       paragraph (1).

       ``(B) Information.--The evaluation conducted under       subparagraph (A) shall include--        ``(i) any reduction in the time taken by the Secretary to       fill mission-critical positions in rural or remote areas;        ``(ii) a general assessment of the impact of the strategy       implemented under paragraph (1) on hiring challenges in rural       or remote areas; and        ``(iii) other information the Secretary determines       relevant.

       ``(g) Inspector General Review.--Not later than 2 years       after the date of the enactment of the Immigration Reform Act       of 2018, the Inspector General of the Department of Homeland       Security shall review the use of hiring flexibilities by the       Secretary under subsections (c) and (d) to determine whether       the use of those flexibilities is helping the Secretary meet       hiring and retention needs in rural and remote areas.

       ``(h) Exercise of Authority.--        ``(1) Sole discretion.--The exercise of authority under       subsection (c) shall be subject to the sole and exclusive       discretion of the Secretary (or the Commissioner, as       applicable under paragraph (2) of this subsection),       notwithstanding chapter 71.

       ``(2) Delegation.--        ``(A) In general.--Subject to subparagraph (B), the       Secretary may delegate any authority under this section to       the Commissioner.

       ``(B) Oversight.--The Commissioner may not make a       determination under subsection (b)(1) unless the Secretary       approves the determination.

       ``(i) 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       2301.

       ``(j) Sunset.--The authorities under subsections (c) and       (d) shall terminate on the date that is 5 years after the       date of the enactment of the Immigration Reform Act of       2018.''.

       (b) Technical and Conforming Amendment.--The table of       sections for chapter 97 of title 5, United States Code, is       amended by adding at the end the following:

``9702. U.S. Customs and Border Protection employment authorities.''.

     SEC. 113. DISTRESS BEACONS.

       (1) In general.--The Commissioner of U.S. Customs and       Border Protection, working through U.S. Border Patrol,       shall--        (A) identify areas near the international border between       the United States and Canada or the international border       between the

[[Page S975]]

     United States and Mexico where migrant deaths are occurring       due to climatic and environmental conditions; and        (B) deploy up to 1,000 beacon stations in the areas       identified pursuant to subparagraph (A).

       (2) Features.--Beacon stations deployed pursuant to       paragraph (1) should--        (A) include a self-powering mechanism, such as a solar-      powered radio button, to signal U.S. Border Patrol personnel       or other emergency response personnel that a person at that       location is in distress;        (B) include a self-powering cellular phone relay limited to       911 calls to allow persons in distress in the area who are       unable to get to the beacon station to signal their location       and access emergency personnel; and        (C) be movable to allow U.S. Border Patrol to relocate them       as needed--        (i) to mitigate migrant deaths;        (ii) to facilitate access to emergency personnel; and        (iii) to address any use of the beacons for diversion by       criminals.

     SEC. 114. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS                     GRANTS.

       (a) In General.--The Secretary of Homeland Security, in       consultation with the governors of the States located on the       international border between the United States and Mexico,       shall establish a 2-year grant program to improve emergency       communications in the Southern border region.

       (b) Eligibility for Grants.--An individual is eligible for       a grant under this section if the individual demonstrates       that he or she--        (1) regularly resides or works in a State that shares a       land border with Mexico; and        (2) is at greater risk of border violence due to a lack of       cellular and LTE network service at the individual's       residence or business and the individual's proximity to the       Southern border.

       (c) Use of Grants.--Grants awarded under this section may       be used to purchase satellite telephone communications       systems and services that--        (1) can provide access to 9-1-1 service; and        (2) are equipped with receivers for the Global Positioning       System.

       (d) Authorization of Appropriations.--There are authorized       to be appropriated to the Secretary of Homeland Security such       sums as may be necessary to carry out this section.

     SEC. 115. OFFICE OF PROFESSIONAL RESPONSIBILITY.

       Not later than September 30, 2021, the Commissioner of U.S.       Customs and Border Protection shall hire, train, and assign       sufficient special agents at the Office of Professional       Responsibility to maintain an active duty presence of not       fewer than 550 full-time equivalent special agents.

         Subtitle C--Body-Worn Cameras With Privacy Protections

     SEC. 121. SHORT TITLE.

       This subtitle may be cited as the ``CBP Body-Worn Camera       Act of 2018''.

     SEC. 122. PILOT PROGRAM ON USE OF BODY-WORN CAMERAS.

       (a) In General.--The Secretary of Homeland Security,       through the Commissioner of U.S. Customs and Border       Protection, shall establish a pilot program to test and       evaluate the use of body-worn cameras by officers and agents       of U.S. Customs and Border Protection.

       (b) Requirements for Pilot Program at U.S. Customs and       Border Protection.--        (1) Duration.--The pilot program required under subsection       (a)--        (A) shall be implemented not later than 60 days after the       date of the enactment of this Act; and        (B) shall terminate on the date that is 11 months after       such date of enactment.

       (2) Deployment.--In carrying out the pilot program under       this section, the Secretary shall ensure that--        (A) not fewer than 500 body-worn cameras are deployed to       officers and agents of U.S. Customs and Border Protection;        (B) not fewer than \1/2\ of such cameras are deployed to       agents of U.S. Border Patrol; and        (C) not fewer than \1/2\ of such cameras are deployed along       the international border between the United States and       Mexico.

       (c) Report.--Not later than 60 days after the pilot program       is terminated pursuant to subsection (b)(1)(B), the Secretary       shall submit a report to Congress that includes--        (1) a detailed description of incidences of the use of       force recorded using body-worn cameras under the pilot       program, disaggregated by the race, ethnicity, gender, and       age of the individuals involved;        (2) a detailed description of incidences of the use of       force in which a body-worn camera was not used, disaggregated       by the race, ethnicity, gender, and age of the individuals       involved;        (3) the number of complaints filed against officers or       agents relating to the use of body-worn cameras under the       pilot program;        (4) the number of complaints filed related to an incident       in which a body-worn camera was worn by an officer or agent,       but in which the body-worn camera was not activated;        (5) the disposition of complaints described in paragraphs       (3) and (4);        (6) an assessment of the effect of the use of body-worn       cameras under the pilot program on the accountability and       transparency of the use of force, including an assessment       of--        (A) the efficacy of body-worn cameras in deterring the use       of excessive force by officers and agents; and        (B) the effect of the use of body-worn cameras on responses       to and adjudications of complaints;        (7) an assessment of the effect of the use of body-worn       cameras under the pilot program on the safety of officers and       agents;        (8) an assessment of the effect of the use of body-worn       cameras under the pilot program on public safety;        (9) an assessment of the effect of the use of body-worn       cameras under the pilot program on the collection of evidence       for criminal investigations and civil immigration       enforcement, including the number of cases in which data from       a body-worn camera was used as evidence;        (10) an assessment of the effect of body-worn cameras on       the personal privacy of members of the public and officers       and agents of U.S. Customs and Border Protection, and whether       the use of pinpoint redaction technology may have assisted in       protecting personal privacy;        (11) a description of issues that arose under the pilot       program relating to the secure storage and handling of       recordings from body-worn cameras;        (12) a description of issues that arose under the pilot       program relating to the access of the public to recordings       from body-worn cameras, including--        (A) issues that arose in situations in which the use of       force by an officer or agent was involved; and        (B) an accounting of any body-worn camera footage released       to the public;        (13) best practices for the development of protocols for       the safe and effective use of body-worn cameras;        (14) a description of issues that arose under the pilot       program relating to violations of policies developed under       section 123, including--        (A) the number of violations detected, disaggregated by the       type of violation; and        (B) the number of internal affairs cases opened and the       disposition of such cases;        (15) the total number of hours body-worn cameras were       activated under the pilot program, disaggregated by region;        (16) an accounting of who accessed any body-worn camera       recordings, disaggregated by classified position title and       region;        (17) an accounting and description of the total number of       instances an activity that was required to be recorded by a       body-worn camera was not recorded as described in section       123(b)(1)(E); and        (18) any other matters relating to the pilot program that       the Secretary considers appropriate.

     SEC. 123. DEVELOPMENT OF POLICIES WITH RESPECT TO BODY-WORN                     CAMERAS.

       (a) In General.--The Secretary of Homeland Security shall       develop draft policies with respect to the use of body-worn       cameras by officers and agents of U.S. Customs and Border       Protection.

       (b) Elements.--The draft policies developed under       subsection (a) shall--        (1) with respect to when a body-worn camera is activated or       deactivated in the course of duty--        (A) specify under what circumstances a body-worn camera is       required to be activated, including that such cameras shall       be activated, at a minimum, at the inception of any calls for       service or law enforcement encounters, including vehicle       stops, pedestrian stops, foot pursuits, witness and victim       interviews, in-custody transports, and uses of force, except       that when an immediate threat to an officer's or agent's life       or safety makes activating the camera impossible or       dangerous, the officer or agent shall activate the camera at       the first reasonable opportunity to do so;        (B) include policies with respect to the use of body-worn       cameras in use of force incidents, such as a shooting       involving an officer or agent, or in critical incidents,       including such an incident that results in an in-custody       death;        (C) specify at what point a body-worn camera is required to       be deactivated, which may be no earlier than when an       encounter described in subparagraph (A) has fully concluded;        (D) ensure that an officer or agent does not have the       ability to edit or delete a recording taken by a body-worn       camera; and        (E) specify that an officer or agent who is wearing a body-      worn camera shall provide an explanation if an activity that       is required to be recorded by a body-worn camera is not       recorded;        (2) with respect to the storage and maintenance of       recordings from body-worn cameras--        (A) define the minimum and maximum lengths of time for       which such recordings shall be retained;        (B) provide for the secure storage, handling, and       destruction of recordings from body-worn cameras;        (C) prevent and address issues relating to tampering with,       or deleting or copying, such recordings; and        (D) establish a system to store recordings collected by       body-worn cameras in a manner that--        (i) requires the logging of all viewing, modification, and       deletion of such recordings; and        (ii) prevents, to the greatest extent practicable,       unauthorized access to and unauthorized disclosure of such       recordings;        (3) with respect to privacy protections--        (A) provide for necessary privacy protections for officers       and agents wearing body-worn cameras and members of the       public with whom such officers and agents interact, including       the use of pinpoint redaction technology to protect personal       privacy in a manner that does not interfere with the ability

[[Page S976]]

     to fully and accurately ascertain the events that transpired;        (B) require the consent of victims of and witnesses to a       crime before recording interviews relating to the crime may       be recorded;        (C) require that an officer or agent who is wearing a body-      worn camera notify an individual that is the subject of a       recording that the individual is being recorded as close to       the inception of the encounter as reasonably possible;        (D) require that, before entering a residence without a       warrant or in nonexigent circumstances, an officer or agent       obtain consent from the occupant of the residence to continue       the use of a body-worn camera; and        (E) ensure that recordings unrelated to law enforcement       purposes are minimized to the greatest extent practicable;        (4) with respect to access to recordings from body-worn       cameras--        (A) ensure that any officer or agent wearing a body-worn       camera is prohibited from accessing a recording on the camera       without an authorized purpose;        (B) clearly describe the circumstances in which officers       and agents and their supervisors may view recordings from       body-worn cameras;        (C) permit supervisors to view recordings from body-worn       cameras only for training purposes (and not for use in any       disciplinary action against an agent or officer) or when       there is a complaint filed against an agent or officer or a       use of force incident; and        (D) establish--        (i) under what circumstances a recording from a body-worn       camera will be released to the subject of the recording or to       another law enforcement or intelligence agency or to the       public; and        (ii) protocols for such release;        (5) establish under what circumstances recordings from       body-worn cameras will be used to investigate potential       misconduct of officers or agents or for other law enforcement       purposes;        (6) establish disciplinary procedures for violations of       body-worn camera policies by agency personnel, including       agents, officers and supervisors; and        (7) ensure that training--        (A) is required and provided to all officers and agents who       use body-worn cameras and any personnel involved in the       management, storage, or use of body-worn camera data; and        (B) is provided before the use of any body-worn camera by       such an officer or agent or the involvement of such agency       personnel in the direct management, storage, or use of body-      worn camera data.

     SEC. 124. CONSULTATIONS; PUBLIC COMMENT.

       In developing the pilot program under section 122 and the       draft policies required under section 123, the Secretary of       Homeland Security shall--        (1) consult with--        (A) the Officer for Civil Rights and Civil Liberties of the       Department of Homeland Security;        (B) the Chief Privacy Officer of the Department of Homeland       Security;        (C) the Director of the Office of Privacy and Civil       Liberties of the Department of Justice; and        (D) any labor organizations representing employees of the       Department of Homeland Security who are involved with the use       of body-worn cameras;        (2) provide an opportunity for public comment; and        (3) compile a report, which shall be posted on a publicly       available website of the Department of Homeland Security,       that--        (A) summarizes the comments received pursuant to paragraph       (2); and        (B) describes the final policies adopted under section 123       and the rationale for each such policy.

     SEC. 125. IMPLEMENTATION PLAN.

       (a) In General.--Not later than 1 year after the date of       the enactment of this Act, the Secretary of Homeland Security       shall submit a plan to Congress for the permanent       implementation of the use of body-worn cameras by officers       and agents of U.S. Customs and Border Protection.

       (b) Elements.--The plan required under subsection (a) shall       include--        (1) a detailed description of the draft policies developed       under section 123;        (2) an identification of--        (A) the number of body-worn cameras to be purchased and       deployed;        (B) operational requirements for body-worn cameras,       including systems and support staff;        (C) the locations where body-worn cameras will be used;        (D) costs associated with the use of body-worn cameras; and        (E) a description of the cost-benefit analysis used to       determine the number, placement, and location of body-worn       cameras specified in the plan.

     SEC. 126. DEPLOYMENT.

       Not later than 6 months after the date on which the       implementation plan is submitted under section 125, the       Secretary of Homeland Security shall ensure the agency-wide       deployment of body-worn cameras for U.S. Customs and Border       Protection personnel at the Office of Field Operations, U.S.       Border Patrol, and the Office of Air and Marine whose job       duties involve or may reasonably be expected to involve law-      enforcement contacts with the public.

                        Subtitle D--GAO Studies

     SEC. 131. GAO STUDY ON THE USE OF VISA FEES.

       Not later than 6 months after the date of the enactment of       this Act, the Comptroller General of the United States shall       submit a report to the Committee on the Judiciary of the       Senate, the Committee on Homeland Security and Governmental       Affairs of the Senate, the Committee on Appropriations of the       Senate, the Committee on the Judiciary of the House of       Representatives, the Committee on Homeland Security of the       House of Representatives, and the Committee on Appropriations       of the House of Representatives that--        (1) describes the impact of authorizing--        (A) surcharges on immigration-related fees, including visa       application and border crossing fees, to be dedicated to       border security; and        (B) the use of currently collected fees for border       security; and        (2) addresses the potential impact on U.S. Citizenship and       Immigration Services operations of imposing surcharges on       immigration-related fees, including the potential impact on       processing times and backlogs.

     SEC. 132. GAO STUDY ON DEATHS IN CUSTODY.

       Not later than 6 months after the date of the enactment of       this Act, the Comptroller General of the United States shall       submit a report to the Committee on the Judiciary of the       Senate, the Committee on Homeland Security and Governmental       Affairs of the Senate, the Committee on the Judiciary of the       House of Representatives, and the Committee on Homeland       Security of the House of Representatives on the deaths of       detainees who were in the custody of the Department of       Homeland Security, including, with respect to such deaths--        (1) whether any such deaths could have been prevented by       the delivery of medical treatment administered while the       detainee was in such custody;        (2) whether the practices and procedures of the Department       of Homeland Security were properly followed and obeyed;        (3) whether such practices and procedures are sufficient to       protect the health and safety of such detainees; and        (4) whether such deaths were reported through the Deaths in       Custody Reporting Program.

     SEC. 133. GAO STUDIES ON MIGRANT DEATHS.

       Not later than 120 days after the date of the enactment of       this Act, and annually thereafter, the Comptroller General of       the United States shall submit a report to the Committee on       the Judiciary of the Senate, the Committee on Homeland       Security and Governmental Affairs of the Senate, the       Committee on the Judiciary of the House of Representatives,       and the Committee on Homeland Security of the House of       Representatives that includes--        (1) the total number of migrant deaths along the       international border between the United States and Mexico       during the most recent 5-year period;        (2) the total number of unidentified deceased migrants       found along such border during such period;        (3) the level of cooperation between U.S. Customs and       Border Protection, local and State law enforcement, foreign       diplomatic and consular posts, nongovernmental organizations,       and family members to accurately identify deceased       individuals;        (4) the use of DNA testing and sharing of such data between       U.S. Customs and Border Protection, State and local law       enforcement, foreign diplomatic and consular posts, and       nongovernmental organizations to accurately identify deceased       individuals;        (5) the comparison of DNA data with information on Federal,       State, and local missing person registries; and        (6) the procedures and processes used by U.S. Customs and       Border Protection for notifying relevant authorities or       family members after missing persons are identified through       DNA testing.

         TITLE II--DREAM ACT AND PROVISIONAL PROTECTED PRESENCE

                         Subtitle A--Dream Act

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Dream Act of 2018''.

     SEC. 202. DEFINITIONS.

       In this subtitle:

       (1) In general.--Except as otherwise specifically provided,       any term used in this subtitle that is used in the       immigration laws shall have the meaning given the term in the       immigration laws.

       (2) Applicable federal tax liability.--The term       ``applicable Federal tax liability'' means liability for       Federal taxes imposed under the Internal Revenue Code of       1986, including any penalties and interest on taxes imposed       under the Internal Revenue Code of 1986.

       (3) DACA.--The term ``DACA'' means deferred action granted       to an alien pursuant to the Deferred Action for Childhood       Arrivals program announced by President Obama on June 15,       2012.

       (4) Disability.--The term ``disability'' has the meaning       given the term in section 3(1) of the Americans with       Disabilities Act of 1990 (42 U.S.C. 12102(1)).

       (5) Early childhood education program.--The term ``early       childhood education program'' has the meaning given the term       in section 103 of the Higher Education Act of 1965 (20 U.S.C.       1003).

       (6) Elementary school; high school; secondary school.--The       terms ``elementary school'', ``high school'', and ``secondary       school'' have the meanings given the terms

[[Page S977]]

     in section 8101 of the Elementary and Secondary Education Act       of 1965 (20 U.S.C. 7801).

       (7) Felony.--The term ``felony'' means a Federal, State, or       local criminal offense (excluding a State or local offense       for which an essential element was the alien's immigration       status) punishable by imprisonment for a term exceeding 1       year.

       (8) Immigration laws.--The term ``immigration laws'' has       the meaning given the term in section 101(a)(17) of the       Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).

       (9) Institution of higher education.--The term       ``institution of higher education''--        (A) except as provided in subparagraph (B), has the meaning       given the term in section 102 of the Higher Education Act of       1965 (20 U.S.C. 1002); and        (B) does not include an institution of higher education       outside of the United States.

       (10) Misdemeanor.--        (A) In general.--The term ``misdemeanor'' means a Federal,       State, or local criminal offense (excluding a State or local       offense for which an essential element is the alien's       immigration status, a significant misdemeanor, and a minor       traffic offense) for which--        (i) the maximum term of imprisonment is greater than 5 days       and not greater than 1 year; and        (ii) the individual was sentenced to time in custody of 90       days or less.

       (11) Permanent resident status on a conditional basis.--The       term ``permanent resident status on a conditional basis''       means status as an alien lawfully admitted for permanent       residence on a conditional basis under this subtitle.

       (12) Poverty line.--The term ``poverty line'' has the       meaning given the term in section 673 of the Community       Services Block Grant Act (42 U.S.C. 9902).

       (13) Secretary.--Except as otherwise specifically provided,       the term ``Secretary'' means the Secretary of Homeland       Security.

       (14) Significant misdemeanor.--The term ``significant       misdemeanor'' means a Federal, State, or local criminal       offense (excluding a State or local offense for which an       essential element was the alien's immigration status) for       which the maximum term of imprisonment is greater than 5 days       and not greater than 1 year that--        (A) regardless of the sentence imposed, is a crime of       domestic violence (as defined in section 237(a)(2)(E)(i) of       the Immigration and Nationality Act (8 U.S.C.       1227(a)(2)(E)(i)) or an offense of sexual abuse or       exploitation, burglary, unlawful possession or use of a       firearm, drug distribution or trafficking, or driving under       the influence if the State law requires, as an element of the       offense, the operation of a motor vehicle and a finding of       impairment or a blood alcohol content of .08 or higher; or        (B) resulted in a sentence of time in custody of more than       90 days, excluding an offense for which the sentence was       suspended.

       (15) Uniformed services.--The term ``Uniformed Services''       has the meaning given the term ``uniformed services'' in       section 101(a) of title 10, United States Code.

     SEC. 203. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS                     FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE                     UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any       other provision of law, an alien who obtains the status of an       alien lawfully admitted for permanent residence under this       section shall be considered to have obtained that status on a       conditional basis as of the date on which the alien obtained       the status, subject to this subtitle.

       (b) Requirements.--        (1) In general.--Notwithstanding any other provision of       law, the Secretary shall cancel the removal of, and adjust to       the status of an alien lawfully admitted for permanent       residence on a conditional basis, an alien who is       inadmissible or deportable from the United States or is in       temporary protected status under section 244 of the       Immigration and Nationality Act (8 U.S.C. 1254a), if--        (A) the alien has been continuously physically present in       the United States since June 15, 2012;        (B) the alien was younger than 18 years of age on the date       on which the alien initially entered the United States;        (C) subject to paragraphs (2) and (3), the alien--        (i) is not inadmissible under paragraph (2), (3), (6)(E),       (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a)       of the Immigration and Nationality Act (8 U.S.C. 1182(a));        (ii) has not ordered, incited, assisted, or otherwise       participated in the persecution of any person on account of       race, religion, nationality, membership in a particular       social group, or political opinion; and        (iii) has not been convicted of--

       (I) a felony;        (II) a significant misdemeanor; or        (III) 3 or more misdemeanors--

       (aa) not occurring on the same date; and        (bb) not arising out of the same act, omission, or scheme       of misconduct;        (D) the alien--        (i) has been admitted to an institution of higher       education;        (ii) has earned a high school diploma or a commensurate       alternative award from a public or private high school, or       has obtained a general education development certificate       recognized under State law or a high school equivalency       diploma in the United States;        (iii) is enrolled in secondary school or in an education       program assisting students in--

       (I) obtaining a regular high school diploma or the       recognized equivalent of a regular high school diploma under       State law; or        (II) passing a general educational development exam, a high       school equivalence diploma examination, or other similar       State-authorized exam; or

       (iv)(I) has served, is serving, or has enlisted in the       Armed Forces; and        (II) in the case of an alien who has been discharged from       the Armed Forces, has received an honorable discharge; and        (E)(i) the alien has paid any applicable Federal tax       liability incurred by the alien during the entire period for       which the alien was a DACA recipient; or        (ii) the alien has entered into an agreement to pay any       applicable Federal tax liability incurred by the alien during       the entire period for which the alien was a DACA recipient       through a payment installment plan approved by the       Commissioner of Internal Revenue.

       (2) Waiver.--        (A) In general.--With respect to any benefit under this       subtitle, the Secretary may, on a case-by-case basis, waive       the grounds of inadmissibility under paragraph (2), (6)(E),       (6)(G), or (10)(D) of section 212(a) of the Immigration and       Nationality Act (8 U.S.C. 1182(a))--        (i) for humanitarian purposes; or        (ii) if the waiver is otherwise in the public interest.

       (B) Quarterly reports.--Not later than 180 days after the       date of enactment of this Act, and quarterly thereafter, the       Secretary shall submit to Congress a report that includes,       for the preceding quarter--        (i) the number of requests submitted by aliens for a waiver       under subparagraph (A);        (ii) the number of waivers granted under that subparagraph;       and        (iii) the number of requests for a waiver under that       subparagraph denied by the Secretary.

       (3) Treatment of expunged convictions.--        (A) In general.--An expunged conviction shall not       automatically be treated as a conviction referred to in       paragraph (1)(C)(iii).

       (B) Case-by-case evaluation.--The Secretary shall evaluate       an expunged conviction on a case-by-case basis according to       the nature and severity of the offense underlying the       expunged conviction, based on the record of conviction, to       determine whether, under the particular circumstances, the       alien is eligible for cancellation of removal, adjustment to       permanent resident status on a conditional basis, or other       adjustment of status.

       (4) DACA recipients.--With respect to an alien granted       DACA, the Secretary shall cancel the removal of the alien and       adjust the status of the alien to the status of an alien       lawfully admitted for permanent residence on a conditional       basis unless, since the date on which the alien was granted       DACA, the alien has engaged in conduct that would render an       alien ineligible for DACA.

       (5) Application fee.--        (A) In general.--The Secretary may require an alien       applying for permanent resident status on a conditional basis       to pay a reasonable fee that is commensurate with the cost of       processing the application.

       (B) Exemption.--An applicant may be exempted from paying       the fee required under subparagraph (A) only if the alien--        (i)(I) is younger than 18 years of age;        (II) received total income, during the 1-year period       immediately preceding the date on which the alien files an       application under this section, that is less than 150 percent       of the poverty line; and        (III) is in foster care or otherwise lacking any parental       or other familial support;        (ii) is younger than 18 years of age and is homeless;        (iii)(I) cannot care for himself or herself because of a       serious, chronic disability; and        (II) received total income, during the 1-year period       immediately preceding the date on which the alien files an       application under this section, that is less than 150 percent       of the poverty line; or        (iv)(I) during the 1-year period immediately preceding the       date on which the alien files an application under this       section, accumulated $10,000 or more in debt as a result of       unreimbursed medical expenses incurred by the alien or an       immediate family member of the alien; and        (II) received total income, during the 1-year period       immediately preceding the date on which the alien files an       application under this section, that is less than 150 percent       of the poverty line.

       (6) Submission of biometric and biographic data.--        (A) In general.--The Secretary may not grant an alien       permanent resident status on a conditional basis unless the       alien submits biometric and biographic data, in accordance       with procedures established by the Secretary.

       (B) Alternative procedure.--The Secretary shall provide an       alternative procedure for any alien who is unable to provide       the biometric or biographic data referred to in subparagraph       (A) due to a physical impairment.

       (7) Background checks.--        (A) Requirement for background checks.--The Secretary shall       use biometric, biographic, and other data that the Secretary       determines to be appropriate--        (i) to conduct security and law enforcement background       checks of an alien seeking permanent resident status on a       conditional basis; and

[[Page S978]]

       (ii) to determine whether there is any criminal, national       security, or other factor that would render the alien       ineligible for permanent resident status on a conditional       basis.

       (B) Completion of background checks.--The security and law       enforcement background checks of an alien required under       subparagraph (A) shall be completed, to the satisfaction of       the Secretary, before the date on which the Secretary grants       the alien permanent resident status on a conditional basis.

       (C) Criminal records requests.--With respect to an alien       seeking permanent resident status on a conditional basis, the       Secretary, in cooperation with the Secretary of State, shall       seek to obtain from INTERPOL, EUROPOL, or any other       international or national law enforcement agency of the       country of nationality, country of citizenship, or country of       last habitual residence of the alien, information about any       criminal activity--        (i) in which the alien engaged in the country of       nationality, country of citizenship, or country of last       habitual residence of the alien; or        (ii) for which the alien was convicted in the country of       nationality, country of citizenship, or country of last       habitual residence of the alien.

       (8) Medical examination.--        (A) Requirement.--An alien applying for permanent resident       status on a conditional basis shall undergo a medical       examination.

       (B) Policies and procedures.--The Secretary, with the       concurrence of the Secretary of Health and Human Services,       shall prescribe policies and procedures for the nature and       timing of the examination under subparagraph (A).

       (9) Military selective service.--An alien applying for       permanent resident status on a conditional basis shall       establish that the alien has registered under the Military       Selective Service Act (50 U.S.C. 3801 et seq.), if the alien       is subject to registration under that Act.

       (c) Determination of Continuous Presence.--        (1) Termination of continuous period.--Any period of       continuous physical presence in the United States of an alien       who applies for permanent resident status on a conditional       basis shall not terminate on the date on which the alien is       served a notice to appear under section 239(a) of the       Immigration and Nationality Act (8 U.S.C. 1229(a)).

       (2) Treatment of certain breaks in presence.--        (A) In general.--Except as provided in subparagraphs (B)       and (C), an alien shall be considered to have failed to       maintain continuous physical presence in the United States       under subsection (b)(1)(A) if the alien has departed from the       United States for any period greater than 90 days or for any       periods, in the aggregate, greater than 180 days.

       (B) Extensions for extenuating circumstances.--The       Secretary may extend the time periods described in       subparagraph (A) for an alien who demonstrates that the       failure to timely return to the United States was due to       extenuating circumstances beyond the control of the alien,       including the serious illness of the alien, or death or       serious illness of a parent, grandparent, sibling, or child       of the alien.

       (C) Travel authorized by the secretary.--Any period of       travel outside of the United States by an alien that was       authorized by the Secretary may not be counted toward any       period of departure from the United States under subparagraph       (A).

       (d) Limitation on Removal of Certain Aliens.--        (1) In general.--The Secretary or the Attorney General may       not remove an alien who appears prima facie eligible for       relief under this section.

       (2) Aliens subject to removal.--With respect to an alien       who is in removal proceedings, the subject of a final removal       order, or the subject of a voluntary departure order, the       Attorney General shall provide the alien with a reasonable       opportunity to apply for relief under this section.

       (3) Certain aliens enrolled in elementary or secondary       school.--        (A) Stay of removal.--The Attorney General shall stay the       removal proceedings of an alien who--        (i) meets all the requirements under subparagraphs (A),       (B), and (C) of subsection (b)(1), subject to paragraphs (2)       and (3) of that subsection;        (ii) is at least 5 years of age; and        (iii) is enrolled in an elementary school, a secondary       school, or an early childhood education program.

       (B) Commencement of removal proceedings.--The Secretary may       not commence removal proceedings for an alien described in       subparagraph (A).

       (C) Employment.--An alien whose removal is stayed pursuant       to subparagraph (A) or who may not be placed in removal       proceedings pursuant to subparagraph (B) shall, upon       application to the Secretary, be granted an employment       authorization document.

       (D) Lift of stay.--The Secretary or Attorney General may       not lift the stay granted to an alien under subparagraph (A)       unless the alien ceases to meet the requirements under such       subparagraph.

       (e) Exemption From Numerical Limitations.--Nothing in this       section or in any other law may be construed to apply a       numerical limitation on the number of aliens who may be       granted permanent resident status on a conditional basis.

     SEC. 204. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL                     BASIS.

       (a) Period of Status.--Permanent resident status on a       conditional basis is--        (1) valid for a period of 8 years, unless that period is       extended by the Secretary; and        (2) subject to termination under subsection (c).

       (b) Notice of Requirements.--At the time an alien obtains       permanent resident status on a conditional basis, the       Secretary shall provide notice to the alien regarding the       provisions of this subtitle and the requirements to have the       conditional basis of such status removed.

       (c) Termination of Status.--The Secretary may terminate the       permanent resident status on a conditional basis of an alien       only if the Secretary--        (1) determines that the alien ceases to meet the       requirements under paragraph (1)(C) of section 203(b),       subject to paragraphs (2) and (3) of that section; and        (2) prior to the termination, provides the alien--        (A) notice of the proposed termination; and        (B) the opportunity for a hearing to provide evidence that       the alien meets such requirements or otherwise contest the       termination.

       (d) Return to Previous Immigration Status.--        (1) In general.--Except as provided in paragraph (2), the       immigration status of an alien whose permanent resident       status on a conditional basis expires under subsection (a)(1)       or is terminated under subsection (c) or whose application       for permanent resident status on a conditional basis is       denied shall return to the immigration status of the alien on       the day before the date on which the alien received permanent       resident status on a conditional basis or applied for such       status, as appropriate.

       (2) Special rule for temporary protected status.--An alien       whose permanent resident status on a conditional basis       expires under subsection (a)(1) or is terminated under       subsection (c) or whose application for permanent resident       status on a conditional basis is denied and who had temporary       protected status under section 244 of the Immigration and       Nationality Act (8 U.S.C. 1254a) immediately before receiving       or applying for permanent resident status on a conditional       basis, as appropriate, may not return to temporary protected       status if--        (A) the relevant designation under section 244(b) of the       Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been       terminated; or        (B) the Secretary determines that the reason for       terminating the permanent resident status on a conditional       basis renders the alien ineligible for temporary protected       status.

       (e) Ineligibility for Public Benefits.--An alien who has       been granted permanent resident status on a conditional basis       shall not be eligible for any Federal means-tested public       benefit (within the meaning of section 403 of the Personal       Responsibility and Work Opportunity Reconciliation Act of       1996 (8 U.S.C. 1613)) until the date on which the conditional       permanent resident status of the alien is removed.

     SEC. 205. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT                     STATUS.

       (a) Eligibility for Removal of Conditional Basis.--        (1) In general.--Subject to paragraph (2), the Secretary       shall remove the conditional basis of the permanent resident       status of an alien granted under this subtitle and grant the       alien status as an alien lawfully admitted for permanent       residence if the alien--        (A) is described in paragraph (1)(C) of section 203(b),       subject to paragraphs (2) and (3) of that section;        (B) has not abandoned the residence of the alien in the       United States;        (C)(i) has acquired a degree from an institution of higher       education or has completed at least 2 years, in good       standing, in a program for a bachelor's degree or higher       degree in the United States;        (ii)(I) has served in the Uniformed Services for at least 2       years; or        (II) in the case of an alien who has been discharged from       the Uniformed Services, has received an honorable discharge;       or        (iii) has been employed for periods totaling at least 3       years and at least 75 percent of the time that the alien has       had a valid employment authorization, except that any period       during which the alien is not employed while having a valid       employment authorization and is enrolled in an institution of       higher education, a secondary school, or an education program       described in section 203(b)(1)(D)(iii), shall not count       toward the time requirements under this clause; and        (D)(i) has paid any applicable Federal tax liability       incurred by the alien during the entire period for which the       alien was in permanent resident status on a conditional       basis; or        (ii) has entered into an agreement to pay the applicable       Federal tax liability incurred by the alien during the entire       period for which the alien was in permanent resident status       on a conditional basis through a payment installment plan       approved by the Commissioner of Internal Revenue.

       (2) Hardship exception.--        (A) In general.--The Secretary shall remove the conditional       basis of the permanent resident status of an alien and grant       the alien status as an alien lawfully admitted for permanent       residence if the alien--

[[Page S979]]

       (i) satisfies the requirements under subparagraphs (A) and       (B) of paragraph (1);        (ii) demonstrates compelling circumstances for the       inability to satisfy the requirements under subparagraph (C)       of such paragraph; and        (iii) demonstrates that--

       (I) the alien has a disability;        (II) the alien is a full-time caregiver of a minor child;       or        (III) the removal of the alien from the United States would       result in extreme hardship to the alien or the alien's       spouse, parent, or child who is a national of the United       States or is lawfully admitted for permanent residence.

       (3) Citizenship requirement.--        (A) In general.--Except as provided in subparagraph (B),       the conditional basis of the permanent resident status       granted to an alien under this subtitle may not be removed       unless the alien demonstrates that the alien satisfies the       requirements under section 312(a) of the Immigration and       Nationality Act (8 U.S.C. 1423(a)).

       (B) Exception.--Subparagraph (A) shall not apply to an       alien who is unable to meet the requirements under section       312(a) of the Immigration and Nationality Act (8 U.S.C.       1423(a)) due to disability.

       (4) Application fee.--        (A) In general.--The Secretary may require an alien       applying for lawful permanent resident status under this       section to pay a reasonable fee that is commensurate with the       cost of processing the application.

       (B) Exemption.--An applicant may be exempted from paying       the fee required under subparagraph (A) only if the alien--        (i)(I) is younger than 18 years of age;        (II) received total income, during the 1-year period       immediately preceding the date on which the alien files an       application under this section, that is less than 150 percent       of the poverty line; and        (III) is in foster care or otherwise lacking any parental       or other familial support;        (ii) is younger than 18 years of age and is homeless;        (iii)(I) cannot care for himself or herself because of a       serious, chronic disability; and        (II) received total income, during the 1-year period       immediately preceding the date on which the alien files an       application under this section, that is less than 150 percent       of the poverty line; or        (iv)(I) during the 1-year period immediately preceding the       date on which the alien files an application under this       section, the alien accumulated $10,000 or more in debt as a       result of unreimbursed medical expenses incurred by the alien       or an immediate family member of the alien; and        (II) received total income, during the 1-year period       immediately preceding the date on which the alien files an       application under this section, that is less than 150 percent       of the poverty line.

       (5) Submission of biometric and biographic data.--        (A) In general.--The Secretary may not remove the       conditional basis of the permanent resident status of an       alien unless the alien submits biometric and biographic data,       in accordance with procedures established by the Secretary.

       (B) Alternative procedure.--The Secretary shall provide an       alternative procedure for any applicant who is unable to       provide the biometric or biographic data referred to in       subparagraph (A) due to physical impairment.

       (6) Background checks.--        (A) Requirement for background checks.--The Secretary shall       use biometric, biographic, and other data that the Secretary       determines to be appropriate--        (i) to conduct security and law enforcement background       checks of an alien applying for removal of the conditional       basis of the permanent resident status of the alien; and        (ii) to determine whether there is any criminal, national       security, or other factor that would render the alien       ineligible for removal of the conditional basis if the       permanent resident status of the alien.

       (B) Completion of background checks.--The security and law       enforcement background checks of an alien required under       subparagraph (A) shall be completed, to the satisfaction of       the Secretary, before the date on which the Secretary removes       the conditional basis of the permanent resident status of the       alien.

       (b) Naturalization.--        (1) In general.--For purposes of title III of the       Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an       alien granted permanent resident status on a conditional       basis shall be considered to have been admitted to the United       States, and to be present in the United States, as an alien       lawfully admitted for permanent residence.

       (2) Limitations on application for naturalization.--        (A) In general.--An alien may not be naturalized--        (i) on any date on which the alien is in permanent resident       status on a conditional basis; or        (ii) before the date that is 12 years after the date on       which the alien was granted permanent resident status on a       conditional basis.

       (B) Reduction in period.--        (i) In general.--Subject to clause (ii), the 12-year period       referred to in subparagraph (A)(ii) shall be reduced by the       number of days that the alien was a DACA recipient.

       (ii) Limitation.--Notwithstanding clause (i), the 12-year       period may not be reduced by more than 2 years.

       (C) Advanced filing date.--With respect to an alien granted       permanent resident status on a conditional basis, the alien       may file an application for naturalization not more than 90       days before the date on which the applicant meets the       requirements for naturalization under subparagraph (A).

     SEC. 206. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's       application for permanent resident status on a conditional       basis may include, as proof of identity--        (1) a passport or national identity document from the       alien's country of origin that includes the alien's name and       the alien's photograph or fingerprint;        (2) the alien's birth certificate and an identity card that       includes the alien's name and photograph;        (3) a school identification card that includes the alien's       name and photograph, and school records showing the alien's       name and that the alien is or was enrolled at the school;        (4) a Uniformed Services identification card issued by the       Department of Defense;        (5) any immigration or other document issued by the United       States Government bearing the alien's name and photograph; or        (6) a State-issued identification card bearing the alien's       name and photograph.

       (b) Documents Establishing Continuous Physical Presence in       the United States.--To establish that an alien has been       continuously physically present in the United States, as       required under section 203(b)(1)(A), or to establish that an       alien has not abandoned residence in the United States, as       required under section 205(a)(1)(B), the alien may submit       documents to the Secretary, including--        (1) employment records that include the employer's name and       contact information;        (2) records from any educational institution the alien has       attended in the United States;        (3) records of service from the Uniformed Services;        (4) official records from a religious entity confirming the       alien's participation in a religious ceremony;        (5) passport entries;        (6) a birth certificate for a child of the alien who was       born in the United States;        (7) automobile license receipts or registration;        (8) deeds, mortgages, or rental agreement contracts;        (9) tax receipts;        (10) insurance policies;        (11) remittance records;        (12) rent receipts or utility bills bearing the alien's       name or the name of an immediate family member of the alien,       and the alien's address;        (13) copies of money order receipts for money sent in or       out of the United States;        (14) dated bank transactions; or        (15) 2 or more sworn affidavits from individuals who are       not related to the alien who have direct knowledge of the       alien's continuous physical presence in the United States,       that contain--        (A) the name, address, and telephone number of the affiant;       and        (B) the nature and duration of the relationship between the       affiant and the alien.

       (c) Documents Establishing Initial Entry Into the United       States.--To establish under section 203(b)(1)(B) that an       alien was younger than 18 years of age on the date on which       the alien initially entered the United States, an alien may       submit documents to the Secretary, including--        (1) an admission stamp on the alien's passport;        (2) records from any educational institution the alien has       attended in the United States;        (3) any document from the Department of Justice or the       Department of Homeland Security stating the alien's date of       entry into the United States;        (4) hospital or medical records showing medical treatment       or hospitalization, the name of the medical facility or       physician, and the date of the treatment or hospitalization;        (5) rent receipts or utility bills bearing the alien's name       or the name of an immediate family member of the alien, and       the alien's address;        (6) employment records that include the employer's name and       contact information;        (7) official records from a religious entity confirming the       alien's participation in a religious ceremony;        (8) a birth certificate for a child of the alien who was       born in the United States;        (9) automobile license receipts or registration;        (10) deeds, mortgages, or rental agreement contracts;        (11) tax receipts;        (12) travel records;        (13) copies of money order receipts sent in or out of the       country;        (14) dated bank transactions;        (15) remittance records; or        (16) insurance policies.

       (d) Documents Establishing Admission to an Institution of       Higher Education.--To establish that an alien has been       admitted to an institution of higher education, the alien       shall submit to the Secretary a document from the institution       of higher education certifying that the alien--        (1) has been admitted to the institution; or

[[Page S980]]

       (2) is currently enrolled in the institution as a student.

       (e) Documents Establishing Receipt of a Degree From an       Institution of Higher Education.--To establish that an alien       has acquired a degree from an institution of higher education       in the United States, the alien shall submit to the Secretary       a diploma or other document from the institution stating that       the alien has received such a degree.

       (f) Documents Establishing Receipt of High School Diploma,       General Educational Development Certificate, or a Recognized       Equivalent.--To establish that an alien has earned a high       school diploma or a commensurate alternative award from a       public or private high school, or has obtained a general       educational development certificate recognized under State       law or a high school equivalency diploma in the United       States, the alien shall submit to the Secretary--        (1) a high school diploma, certificate of completion, or       other alternate award;        (2) a high school equivalency diploma or certificate       recognized under State law; or        (3) evidence that the alien passed a State-authorized exam,       including the general educational development exam, in the       United States.

       (g) Documents Establishing Enrollment in an Educational       Program.--To establish that an alien is enrolled in any       school or education program described in section       203(b)(1)(D)(iii), 203(d)(3)(A)(iii), or 205(a)(1)(C)(i), the       alien shall submit school records from the United States       school that the alien is currently attending that include--        (1) the name of the school; and        (2) the alien's name, periods of attendance, and current       grade or educational level.

       (h) Documents Establishing Exemption From Application       Fees.--To establish that an alien is exempt from an       application fee under section 203(b)(5)(B) or 205(a)(4)(B),       the alien shall submit to the Secretary the following       relevant documents:

       (1) Documents to establish age.--To establish that an alien       meets an age requirement, the alien shall provide proof of       identity, as described in subsection (a), that establishes       that the alien is younger than 18 years of age.

       (2) Documents to establish income.--To establish the       alien's income, the alien shall provide--        (A) employment records that have been maintained by the       Social Security Administration, the Internal Revenue Service,       or any other Federal, State, or local government agency;        (B) bank records; or        (C) at least 2 sworn affidavits from individuals who are       not related to the alien and who have direct knowledge of the       alien's work and income that contain--        (i) the name, address, and telephone number of the affiant;       and        (ii) the nature and duration of the relationship between       the affiant and the alien.

       (3) Documents to establish foster care, lack of familial       support, homelessness, or serious, chronic disability.--To       establish that the alien was in foster care, lacks parental       or familial support, is homeless, or has a serious, chronic       disability, the alien shall provide at least 2 sworn       affidavits from individuals who are not related to the alien       and who have direct knowledge of the circumstances that       contain--        (A) a statement that the alien is in foster care, otherwise       lacks any parental or other familiar support, is homeless, or       has a serious, chronic disability, as appropriate;        (B) the name, address, and telephone number of the affiant;       and        (C) the nature and duration of the relationship between the       affiant and the alien.

       (4) Documents to establish unpaid medical expense.--To       establish that the alien has debt as a result of unreimbursed       medical expenses, the alien shall provide receipts or other       documentation from a medical provider that--        (A) bear the provider's name and address;        (B) bear the name of the individual receiving treatment;       and        (C) document that the alien has accumulated $10,000 or more       in debt in the past 12 months as a result of unreimbursed       medical expenses incurred by the alien or an immediate family       member of the alien.

       (i) Documents Establishing Qualification for Hardship       Exemption.--To establish that an alien satisfies 1 of the       criteria for the hardship exemption described in section       205(a)(2)(A)(iii), the alien shall submit to the Secretary at       least 2 sworn affidavits from individuals who are not related       to the alien and who have direct knowledge of the       circumstances that warrant the exemption, that contain--        (1) the name, address, and telephone number of the affiant;       and        (2) the nature and duration of the relationship between the       affiant and the alien.

       (j) Documents Establishing Service in the Uniformed       Services.--To establish that an alien has served in the       Uniformed Services for at least 2 years and, if discharged,       received an honorable discharge, the alien shall submit to       the Secretary--        (1) a Department of Defense form DD-214;        (2) a National Guard Report of Separation and Record of       Service form 22;        (3) personnel records for such service from the appropriate       Uniformed Service; or        (4) health records from the appropriate Uniformed Service.

       (k) Documents Establishing Employment.--        (1) In general.--An alien may satisfy the employment       requirement under section 205(a)(1)(C)(iii) by submitting       records that--        (A) establish compliance with such employment requirement;       and        (B) have been maintained by the Social Security       Administration, the Internal Revenue Service, or any other       Federal, State, or local government agency.

       (2) Other documents.--An alien who is unable to submit the       records described in paragraph (1) may satisfy the employment       requirement by submitting at least 2 types of reliable       documents that provide evidence of employment, including--        (A) bank records;        (B) business records;        (C) employer records;        (D) records of a labor union, day labor center, or       organization that assists workers in employment;        (E) sworn affidavits from individuals who are not related       to the alien and who have direct knowledge of the alien's       work, that contain--        (i) the name, address, and telephone number of the affiant;       and        (ii) the nature and duration of the relationship between       the affiant and the alien; and        (F) remittance records.

       (l) Authority to Prohibit Use of Certain Documents.--If the       Secretary determines, after publication in the Federal       Register and an opportunity for public comment, that any       document or class of documents does not reliably establish       identity or that permanent resident status on a conditional       basis is being obtained fraudulently to an unacceptable       degree, the Secretary may prohibit or restrict the use of       such document or class of documents.

     SEC. 207. RULEMAKING.

       (a) Initial Publication.--        (1) In general.--Not later than 90 days after the date of       the enactment of this Act, the Secretary shall publish in the       Federal Register regulations implementing this subtitle.

       (2) Affirmative application.--The regulations published       under paragraph (1) shall allow any eligible individual to       immediately apply affirmatively for the relief available       under section 203 without being placed in removal       proceedings.

       (b) Interim Regulations.--Notwithstanding section 553 of       title 5, United States Code, the regulations published       pursuant to subsection (a)(1) shall be effective, on an       interim basis, immediately on publication in the Federal       Register, but may be subject to change and revision after       public notice and opportunity for a period of public comment.

       (c) Final Regulations.--Not later than 180 days after the       date on which interim regulations are published under this       section, the Secretary shall publish final regulations       implementing this subtitle.

       (d) Paperwork Reduction Act.--The requirements under       chapter 35 of title 44, United States Code, (commonly known       as the ``Paperwork Reduction Act'') shall not apply to any       action to implement this subtitle.

     SEC. 208. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use for       the purpose of immigration enforcement any information       provided in--        (1) an application filed under this subtitle; or        (2) a request for DACA.

       (b) Referrals Prohibited.--The Secretary may not refer to       U.S. Immigration and Customs Enforcement, U.S. Customs and       Border Protection, or any designee of U.S. Immigration and       Customs Enforcement or U.S. Customs and Border Protection any       individual who--        (1) has been granted permanent resident status on a       conditional basis; or        (2) was granted DACA.

       (c) Limited Exception.--Notwithstanding subsections (a) and       (b), information provided in an application for permanent       resident status on a conditional basis or a request for DACA       may be shared with a Federal security or law enforcement       agency--        (1) for assistance in the consideration of an application       for permanent resident status on a conditional basis;        (2) to identify or prevent fraudulent claims;        (3) for national security purposes; or        (4) for the investigation or prosecution of any felony not       related to immigration status.

       (d) Penalty.--Any person who knowingly uses, publishes, or       permits information to be examined in violation of this       section shall be fined not more than $10,000.

     SEC. 209. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY                     FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration       Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.       1623) is repealed.

       (b) Effective Date.--The repeal under subsection (a) shall       take effect as if included in the original enactment of the       Illegal Immigration Reform and Immigrant Responsibility Act       of 1996 (division C of Public Law 104-208; 110 Stat. 3009-      546).
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Cloture on amendment SA 1958 as modified not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 35.

    Thu, Feb 15th 2018
  • Considered by Senate.

    Thu, Feb 15th 2018
  • Cloture motion on amendment SA 1958 as modified presented in Senate. (CR S965)

    Wed, Feb 14th 2018
  • Amendment SA 1958 proposed by Senator Schumer to language proposed to be stricken by amendment no. 1959. (consideration: CR S931, S959-965; text as modified: CR S959-965) Of a perfecting nature.

    Wed, Feb 14th 2018